Atiyeh HQs Moving to Bethlehem

By a 4-0 vote at their May 25 meeting, Bethlehem's Zoning Hearing Board has approved a special exception under which colorful entrepreneur Abe Atiyeh will relocate his corporate offices from a windowless basement at Whitehall Manor to the former greenhouse at Moose and Bug Florist, located at 2349 Linden Street. He sought a special exception because he was merely substituting one commercial use (retail) for another (offices).

Attorney Mickey Thompson, the Zoning Hearing Board's former Solicitor, presented the case. "What we would like to do is nothing," was his simple argument. He plans on making no changes at the site, except for removal the greenhouse glass and building a one-story office for Atiyeh's numerous corporate operations. Though he has formed over 80 corporations,  most of the work is done by a handful of between five and ten people, including Thompson. In addition to being in-house counsel, Thompson is also Chief Operating Officer at Pennsylvania Venture Capital, Inc., the umbrella under which Atiyeh operates several well-regarded nursing facilities, substance abuse rehabs and a billboard business.

This marks the third time Atiyeh has sought relief at this location.

In 2012, zoners panned a plan to convert the nursery into a 47-bed drug and alcohol treatment center. Atiyeh only succeeded in bringing a small army of protesters. But late last year, the Board approved a use variance for eight single family attached dwellings on two three-story buildings.

Approval of offices will require Atiyeh to abandon his plans for residential use. He will also be barred from storing construction vehicles at the site.

Why The Morning Call Delayed Atiyeh Story

On July 31, in a story entitled "Fed Ed and Miked Fleck Funneled $1 Million to Honest Abe Atiyeh", I broke the story that entrepreneur Abe Atiyeh, Fed Ed and Miked Fleck cooked up a scheme that would enable him to buy the billboard company he always wanted. Fed Ed simply had his bobbleheads on City Council pay Atiyeh $1.4 million for land it does not need. They ignored their own appraiser in doing so. He had warned them the land was only worth $580,000. This story was picked up by WFMZ-TV69 pretty quickly, adding a few details that I missed. But The Morning Call downplayed the Atiyeh story until August 15, even though it was brought up during a City Council. I think I know why.

Toward the end of its account, The Morning Call parenthetically notes, "(Under an agreement with Digiview this spring, The Morning Call became the exclusive sales agent for Atiyeh's billboard network.)"

It did not want to bite the hand that feeds it.

Atiyeh is no longer discussing the matter, which seems like a smart thing for him. It is thanks to him that we know he used Miked Fleck as a consultant.

Fed Ed Paid Atiyeh $1.4 Million For Property Appraised at $580,000

Abe Atiyeh a few years ago, in Bethlehem  zoning spat.

Around this time last year, colorful entrepreneur Abe Atiyeh purchased the assets of a company that has a billboard deal with Allentown at 13 different locations. It was a sudden turnaround. Previously, Abe had been on the warpath over this and several other matters, including the controversial Neighborhood Millionaire Improvement Zone. When news of peace broke, Mayor Edwin Pawlowski, aka Fed Ed, denied that there was any "deal that was made here, per se, and in any way, shape or form."  But that was untrue. Atiyeh had hired Fed Ed's political consultant Miked Fleck to be his business consultant. Very obviously, a deal was made.

On Friday, I told you that Fed Ed spent $1.4 million to buy two Atiyeh properties the City did not need. Atiyeh walked away with a $999,000 capital gain that certainly would help him make the purchase. But guess what? Fed Ed actually paid him $820,000 more than these properties were worth. The City's own appraisal valued the two properties at just $580,000.

By paying Atiyeh nearly three times what these properties were actually worth, it appears that Fed Ed deprived Allentown citizens of their right to honest services.In some contexts, this can be viewed as a federal crime.

Raymond C Geiger, Jr., who is a well-respected certified general appraiser, was hired by Allentown and submitted a report on January 23, 2014, a few months prior to the City's purchase. (You can read it here). He valued the Basin Street property at $360,000 and the Martin Luther King, Jr. Highway property at $220,000. The City never bothered to get a second opinion.

Julio Guridy, Cynthia Mota and Edwin Pawlowski

Basin Street property - $360,000. - Geiger makes clear that the billboard easement on this property is not part of his valuation. Atiyeh first purchased the Basin St tract  in 1996 from RJ Gorman Railroad for $200,000. Over 18 years, he was unable to develop it. He sold it to Isaam Elias in 2005 for $350,000, but Elias was unable to do anything with it, either. He conveyed it back to Atiyeh in 2012 for $350,000, the same sum Abe had been paid for the property.

Atiyeh provided a plan for a flea market at the site, but Geiger notes that "there is no evidence of demand for such use or the financial feasibility of such use. If it were a viable use, the question is why take eighteen years to develop it? No development plans have ever been approved."

Geiger observes that the site is low-lying and "extremely flood prone." Most of the land is "100% undevelopable." Before doing anything on the property, it would need six feet or more of fill, compacting and a one-year settlement period.

Martin Luther King, Jr. Highway Property - $220,000. - Atiyeh purchased this old fertilizer company in 2007 for just $51,000, before the prior owner received an Act 2 release from environmental liability. That was subsequently obtained, and obviously makes the property more valuable than it was when Atiyeh bought it.

Geiger could see signage on the property soliciting "storage use." In addition, Atiyeh provided him with plans for a three-story office building. Geiger thinks that use is unlikely. "Such use would compete directly with the rising offices in the NIZ and as such would not have a favorable cost-value relationship. I note, no development plans have ever been submitted or approved.".

Like the Basin Street property, this one is also "extremely flood prone. Much of it is within the 100-year flood plain and 100% undevelopable. About two acres can be developed, but would require 10 feet of fill, compacting and a one-year waiting period. In Geiger's view, development here is at a "disadvantageous cost-benefit."

After receiving nearly three times what these properties are worth, Abe began throwing his money at anyone that Miked Fleck or Fed Ed directed him to support. He really has no choice. He has a three year contract for those billboards, and would like to see that contract renewed and perhaps expanded. So in some ways, Atiyeh is a victim here, too. If he does not pay, he does not play.

Fed Ed and Miked Fleck were the predators. The biggest victims, of course, are the people of Allentown. The Mayor and City Council both have a fiduciary duty to safeguard the public's funds. City Council, with the exception of Jeanette Eichenwald, rubber stamped this proposal. I have no idea if they were provided with or looked at Geiger's appraisal. In fact, Ray O'Connell actually complimented the Administration. Cynthia Mota, who may have worked for Atiyeh and testified on his behalf in a zoning dispute, voted in favor of the purchase.

The first duty of a public official should always be to the people. The Romans would say semper pro populus - always for the people. In Allentown, that has been perverted.

Others will decide whether this denial of the right to honest services is criminal.

Atiyeh Real Estate Deals Approved by Allentown City Council

About two years ago, Allentown bought two properties it does not need from Abe Atiyeh, giving him at least a $1 million capital gain. This money certainly went a long way toward helping the colorful entrepreneur in acquiring the assets of an existing billboard company that already had 13 locations. That company, Clinton Street Media, was the beneficiary of a new zoning ordinance that enabled Mayor Edwin Pawlowski, aka Fed Ed, to change the uses of city-owned property at his own whim. And he did. In a zoning challenge filed by Atiyeh, Pawlowski was subpoenaed to testify concerning what exactly happened. But he never did. The matter was resolved when Atyeh ended up owning the company about which he was complaining.

Mickey Thompson, a lawyer and Atiyeh's COO, had called the Mayoral exemption a "get out of jail free" card for special developers who are on Fed Ed's good side. Speaking of the blindfold on Lady Justice, Thompson added, "That blindfold's been ripped off and the City is picking winners and losers." I guess now that Atiyeh has been selected as one of the winners, the blindfold can stay off. Abe Atiyeh has suddenly transformed from being one of Fed Ed's harshest critics - one who actually sued over the Neighborhood Millionaire Improvement Zone (MIZ) - into being a lapdog who has resumed making political contributions to Fed Ed and all his puppets.

Real Estate Deals Approved By Council

On Friday, I told you about the real estate deals (Union and Basin, Martin Luther King Highway) in which Honest Abe's capital gain was at least $999,000. At the time, I was unable to determine whether this was actually approved by Council. But thanks to Richard Fegley, who was there, I know the spending plan was approved at Council's April 16, 2014 meeting, although there was no indication at that time of what exactly was being purchased. Jeanette Eichenwald cast the sole No vote. The money did come from the City's lease of its water and sewer funds.

This matter had been discussed in more detail the previous week, at a meeting of the Council as a Committee-of-the-whole. At that time, as noted by Randy Kraft in an exhaustive report for WFMZ-TV69, the proposal was opposed by residents Bonnie Bosco and Fegley.

Managing Director Francis Dougherty stated that a nearly nine vacant tract at the southwest corner of Union and Basin Streets, complete with a pre-existing billboard, was being purchased as an area where several trails can eventually connect.

I see.

Abe spent $350,000 to buy this property in December 2012. In June 2014, he sold this vacant tract, encumbered by a billboard easement in his favor, to the City for $950,000. How the hell does that happen?

The other property, nearly seven acres along Martin Luther King Highway, is the old Lebanon Fertilizer Company. Atiyeh walked away with $399,000 after unloading that property

There is no indication that any appraisals were provided to City Council so they could determine whether the City was being paid a fair price.

Suffice it to say that with $999,000 in hand, Honest Abe was clearly in a position to purchase the assets of Clinton Street Allentown Media LLC, the company that did have contracts with the City for billboards at 13 different locations.

Why Was Fed Ed So Afraid To Testify?

Why was Fed Ed so willing to give Honest Abe such a sweetheart deal? I doubt seriously that he was concerned very much about the legality of a new zoning ordinance that gave him incredible powers. But for some reason, he did not want to testify. He postponed his first appearance, and then the matter was just postponed generally.

Fed Ed may have been leery to discuss how he chose to deal with Clinton Street Allentown Media. I've been informed that Fed Ed's campaign manager, Miked Fleck, was working as a "consultant" for that company.

Fleck later would become Atiyeh's business consultant.

Clinton Street, a very successful cell tower company, was made up of Attorney Nicholas Pullen and Engineer Larry Romanowski. Pullen needed no consultant. He was an early Pawlowski campaign contributor and also was appointed by former Governor Ed Rendell as his Chief Counsel to the Pa. Comm'n on Crime and Delinquency. He managed Jim Eisenhower's bid to be Attorney General. He's currently a principal at Edgewater Partners, which describes itself as "[n]avigating the confluence of business and politics." Pullen already appears to be a first class crony capitalist with no need for someone like Fleck. But he used him.

Fed Ed and Miked Fleck Funneled $1 Million to Honest Abe Atiyeh

Sewage diving wil be part of next year's Sportsfest

When Edwin Pawlowski first ran for Allentown Mayor, colorful entrepreneur Abe Atiyeh loved him. But things quickly changed. J.B. Reilly's urban growth regime killed Atiyeh's dreams of a hockey arena in Allentown, somewhere along Airport Road. The crony capitalists who really run Allentown wanted it downtown as an anchor for their newly created MIZ (Millionaire Improvement Zone). Then city officials even began throwing up roadblocks to Digiview, Abe's billboard empire. But that's old news. Honest Abe is in love again. And he has a million reasons.

Honest Abe sings Fed Ed's praises now, calling him "the best mayor in the history of the city. I've never expected or gotten anything in return for a donation. I've never gotten any city contracts." Of course he did. As I explained earlier this week, Honest Abe bought the billboard company with city contracts for billboards at 13 different locations. Fed Ed denied that the City was involved in any way. "There was no deal that was made here, per se, and in any way, shape or form," he insisted. But there was. The City actually helped him purchase the company by buying two properties it did not need from Abe, allowing him to realize a $999,000 capital gain.

The first property, a series of three parcels along Union and Basin Streets near the city sewage plant, was purchased by Atiyeh's Basin Street Development Company in December, 2012, for $350,000. In May, 2014, he sold it to the City of Allentown for $950,000. He also imposed a billboard easement, which would allow him to advertise at that site.

His capital gain here is at least $600,000, and is probably more because he encumbered the City's property with a billboard easement in his favor.

The second property, located around 1900 Martin Luther King, Jr. Drive, is the remnant of an old fertilizer company, not very far from where a WPA wall recently collapsed as a result of City neglect. Much of this land, around 60%, is actually located in Salisbury Township instead of Allentown.

Atiyeh's Cedar Holdings LLC purchased this property in February 2007, for $51,000. In May 2014, he sold it to the City for $450,000, for a $399,000 capital gain.

His total capital gain from both purchases in $999,000. The City paid him enough money to purchase the billboard company he wanted.

The person who made all of this possible, by Atiyeh's own admission, is Miked Fleck, the Fed Ed campaign consultant who also acted as a business consultant.

It's unclear to me whether Allentown City Council was ever asked to approve these purchases. I see no evidence of it in any of the City Council minutes during that time period. It might be there, but I'm unable to locate it.

Allentown blogger Michael Molovinsky, unaware that the City was buying these properties from Atiyeh, speculated at the time that the funding source was actually the water and sewer lease with Lehigh County Authority. Fed Ed has apparently been using it as a slush fund. Since Miked Fleck's sister-in-law works as a "compliance" officer there, I'm sure every t is crossed and i is dotted.

Since that time, Atiyeh has been very grateful. He's donated $12,500 to Pawlowski or his puppets. How much he has paid his "consultant" Fleck is a question best left to the Feds.

The ostensible reason for these purchases was so that the City could add to its parks. Cuz as you know, we all love to picnic next to a sewage plant or an abandoned fertilizer company. In fact, sewage diving is being added to next year's Sportsfest. Instead of an A-town Throwdown, it will be the A-town Throwup.

The real reason for this purchase was to funnel $1 million into Honest Abe's pockets.

Blogger's Note: I have linked to a story written by Michael Molovinsky at the time these purchases were made. Although he was unaware that Abe Atiyeh was the  seller, or that he was walking away with a cool million, he knew something was wrong with this deal. This story just completes the puzzle.

Fed Ed's Atiyeh Connection

When you think of developer Abe Atiyeh, you might be thinking rehabs, nursing homes or even private prisons. But in recent years, he's really begun to focus on billboards. He was trying to get his foot in the door in Allentown, but Doylestown-based Premier Media beat him to it with plans for a series of electronic billboards. Abe Atiyeh now operates those billboards himself. How did this happen when the City and Mayor both have vendettas against him, as Atiyeh has claimed?

Two words.

Miked Fleck.

Atiyeh hired Fleck.

"Mike had access to the mayor and the approval process, why not use a consultant for that?" argued Atiyeh.

Because it sure smells bad. Though Fleck and Pawlowski both insisted there would be a separation between Fleck's business and political consulting, it's very clear that Atiyeh was brought on board to sprinkle different campaigns and PACs with money.

Atiyeh insists there was no quid pro quo. Fleck was wearing a wire for 90 days, and I'm sure he has no reason to be worried at all.

Howard Kutzler Going to South Whitehall Township

South Whitehall Township should be charged with theft, First, they stole Bethlehem Township Manager Jon Hammer. Now they've grabbed his successor, Howard Kutzler.

In a late Friday afternoon memo, Hammer reports that Kutzler will start in South Whitehall Township on November 4 as their Director of Administration. He'll be taking over Tony Ganguzza's job as he transitions to part time status.

On October 8, I told you that Kutzler was resigning as Bethlehem Township Manager. He denies his decision has anything to do with politics. But I wonder.

In the primary, long-time Commissioner Paul Weiss was defeated by two candidates backed by developer Abe Atiyeh. One of his employees, Mickey Thompson, is running for Michael Hudak's seat. Atiyeh helped elect Felix "Phil" Bernard and Marty Zawarski. It is all but certain that, come November, Atiyeh will be in effective control of Bethlehem Township government.

Pawlowski Really is a King

For years, I've mocked Allentown Mayor Ed Pawlowski as King Edwin I. The joke's on me. I learned last night that he really is a King, at least when it comes to zoning. That's thanks to a special provision slipped into Allentown's zoning ordinance in 2010, giving him or City Council the authority to suspend the ordinance, not just for property that the City owns, but also for third parties who have a lease or other contract with the City.

Here's the Superpower provision in question: "1311.17 EXEMPTION FOR MUNICIPAL USES. This Ordinance shall not apply to any lot, existing or proposed building, use thereof, of any expansion thereof, owned, used or to be used by the City of Allentown or for a use authorized by the Mayor or City Council by virtue of a lease or other contract."

Now let me be clear that many municipalities exempt themselves from zoning ordinances, and that makes sense. Police stations or sub-stations, parking garages, water and sewer facilities should be placed where they can do the most good, regardless of the niceties of a zoning ordinance.

Dan McCarthy, ZHB Chair

But no Lehigh Valley municipality outside of Allentown gives the Mayor or City Council unfettered discretion to exempt some third party who has a contract or lease with the City from a zoning ordinance.

King Edwin may have already waved his wand to exempt some property owners right around Allentown's hockey arena. That's unclear. But he has definitely exempted Doylestown-based Clinton Street Media, whose players are Larry Romanowski and Nick Pullen. They started out with cellular towers and have kicked it up a notch.

They plan digital billboards on as many as 21-22 city-owned properties. Never mind that Allentown's zoning ordinance would prohibit them in all but one location.

Allentown gets between 20-25% of the revenue, and calls it a "public-private partnership." That's a term most often used when local government bestows special favors on one developer at the expense of the rest of us.

Ass't City Solicitor Fran Fruwirth

Nobody's had standing to object to this exemption provision until now. Abe Atiyeh, who owns his own billboard company and a gazillion properties in Allentown, believes he can establish he is an aggrieved party. Obviously, he's a competitor, and you might say he's just throwing in a monkey wrench to grease his own pocket. That may be true, but his action just might prevent some Allentown bedroom from being lit up at night like a Christmas tree. Digitalized billboards in residential neighborhoods are not cool. That's why we have zoning ordinance in the first place.

Last night's hearing was conducted before ZHB members Micahel J. Engle, Dan McCarthy and Juan Camacho. Scott Unger recused himself. Camacho, one of the King's men, has already made it clear that he's ready to reject the challenge. He interrogated Atiyeh engineer David Harte on standing, and actually tried to suggest that the exemption doesn't matter because a property owner can always seek a use variance.

Atiyeh engineer Dave Harte

Yeah, right. Atiyeh himself can testify to what success he's had with those in Bethlehem. His engineer, Dave Harte, told Atiyeh Attorney Mike Savona that the cost of a use variance hearing is between $10,000-$20,000, with no guarantee of success.

"We would need a use variance for the largest number of these locations," said Harte of the 21-22 locations for which King Edwin is waving his magic wand.

Another Atiyeh witness, Attorney Mickey Thompson, is both his in-house counsel as well as the COO of the 50 or so companies operated by Atiyeh. Thompson is also Solicitor to Bethlehem's Zoning Hearing Board and knows a bit about zoning.

He called the exemption a "get out of jail free" card for special developers who are on King Edwin's good side. Speaking of the blindfold on Lady Justice, Thompson said, "That blindfold's been ripped off and the City is picking winners and losers."

Kinda' like it does with the NIZ.

Thompson called the exemption provision "purely illegal and outside the MPC (Municipal Planning Code)."

Over Atiyeh's objection, Clinton Street was allowed to intervene.

Attorney Francis X. Crowley, tried to show during his cross-examination of Harte and Thompson that the exemption provision in Allentown's zoning ordinance, adopted prior to this deal, was something anyone could use. But Harte and Thompson both answered that the terms of the Request for Proposals (RFP) required them to follow the zoning ordinance.

Testimony will continue in this matter on August 19. At that time, Planning Director Mike Heffley will be asked to explain just how that exemption provision made it into the final draft of Allentown's zoning ordinance. King Edwin will be asked how many times he's already waved his magic wand.

Assistant City Solicitor Frances Fruwirth will present witnesses to establish conclusively that this is one of those "public-private partnerships."

I'd stipulate to that.

Updated 9:30 AM: Blogger Michael Molovinsky tells the tale of an electronic billboard that King Edwin short-circuited because it ran ads for one of his political foes, Lou Hershman. Wrong kind of "public private partnership".

Atiyeh Behind Pat Breslin Campaign in Bethlehem Tp

When Pat Breslin talked to The Easton Express about his Bethlehem Township race against incumbent Commissioner Paul Weiss, he denied that developer Abe Atiyeh is behind him. "It’s something I’m doing on my own. I’m not attached to Abe,” he told reporter Lynn Olanoff. His pre-primary campaign finance report, however, tells another story.

Of the $1,850 he raised, $1,000 comes from Ramzi Haddad, Atiyeh's business partner.

Marles: ZHB Has No Jurisdiction To Decide on Psychiatric Hospital

Att'y Blake Marles tells zoners they have no jurisdiction

A 5-acre vacant tract at the southeast corner of Dewberry Avenue and Center Street is without doubt the most litigated property in Bethlehem. At one time it was the site for future expansion of Memorial Park Cemetery. Nobody minded. But since Abe Atiyeh acquired the property in 2007, you need a road map to figure out what's going on there. A large "Hospital Coming Soon" sign decorating the property has annoyed the neighbors, so now there's three of them. That hospital, which does not appear to be coming anytime soon, was the subject of a Special Zoning Hearing Board meeting on May 7. Over thirty residents, many of them familiar faces from numerous Atiyeh hearings, sacrificed a beautiful Spring evening for a meeting that lasted about forty minutes. No testimony was taken because Atiyeh's Attorney, Blake Marles, told zoners they have no jurisdiction.

Atiyeh's contentious relationship with the Zoning Hearing Board actually started on a positive note, when he originally bought the property. Though the property is zoned for institutional uses like schools and hospitals, he successfully sought a variance for an assisted living center. But when he was unable to market it, he asked zoners to let him build luxury apartments instead. They said No. He asked again. They said No again. Northampton County and Commonwealth Court judges said No, too.

So Atiyeh responded with a plan for a use that is permitted under the zoning ordinance - the Brookside Drug, Alcohol and Psychiatric Hospital. Though a permitted use, this lockdown facility for the mentally ill would be just a few yards from Bethlehem Catholic High School. His plans were tossed by the Planning Commission at a hearing attended by approximately 80 people, most of them opposed.

"I haven't heard a basis for a denial. Not a single one," said an astonished Blake Marles.

Att'y Blake Marles reviews paperwork with Abe Atiyeh

Judge Smith, on appeal, agreed with Marles. He concluded that the Planning Commission "improperly invaded the province of the City of Bethlehem Zoning Hearing Board by making a determination of whether the use is a permitted use ... ." But instead of sending the case back to the Planning Commission, he remanded it to the Zoning Hearing Board. They had never heard the matter.

At the May 7 hearing, everyone was lawyered up. In addition to Blake Marle, Atiyeh had Mark Malkames on standby, Professional Engineer David Harte and a videographer recording everything. Bethlehem residents, led by Greg Zebrowski and Stewart Early, had Easton barrister Steve Goudsouzian. Given the number of lawyers and experts on hand, nothing got done.

Blake Marles threw a legal monkey wrench into the mix. "What the Judge has asked the Zoning Hearing Board to do, they do not have the legal authority to do," he argued. He noted that the Municipal Planning Code provides eight ways in which zoners can assume jurisdiction, from a substantive challenge to the ordinance to special exception. But a Zoning Hearing Board has no authority to issue an "advisory opinion" on a land development application.

Goudsouzian countered that whether Judge Smith is right or wrong, this is "the law of the case" and it must be followed. "Whenever a decision is made in a case, that is the law that must be followed," he argued. "If you don't hear the case, you've essentially defied a court order."

Marles pointed out that it;s unclear what zoning issues, if any, are out there. So he asked zoners to review the entire file of the Planning Commission before ruling on his request.

After a brief executive session, zoners agreed to review the Planning Commission's file. "We will look over the Planning file to make the right decision," explained Special Solicitor Erich J. Schock, who represents the Zoning Hearing Board in all matters Atiyeh. "We need to have the right information."

Zoners will meet again on Tuesday, June 4, 6PM, at the Town Hall rotunda, to decide whether they can even hear this matter.

Abe Atiyeh Honors Word, Adds Disclaimer

When I complained to real estate mogul Abe Atiyeh about the lack of a disclaimer on his Lamont McClure Billboard, he promised me on Sunday that he'd add one. Today, despite pressure from Lamont McClure to keep us all in the dark about who is funding his campaign, Abe honored his word and added a disclaimer at the bottom of his McClure billboard. I respect his desire to do the right thing, and his willingness to err on the side of transparency. Too bad the candidate he supports would prefer you never knew.

McClure Billboard Angers Residents ... and Violates Election Law

Northampton County Executive candidate Lamont McClure is proud of what he calls "our" digitalized billboard along Route 22, advertising his campaign. His campaign webpage brags, "We hope to have this billboard up through the primary election." That's bad news for Palmer Township residents, who complained to Supervisors last week. One of them called the shining light "a form of torture." Lamont McClure is giving them sleepless nights. There's another problem with this billboard, too. It violates election law.

Under our Election Code, there must be disclaimers on all political advertising, from signs to mailers. Former political consultant Tom Severson found that out the hard way. McClure's sign lacks a disclaimer.

But I can tell you who is paying for it, and it's not Lamont McClure. Contrary to what he claims on his web page, it is not "our" billboard.

It belongs to Abe Atiyeh, and he told me yesterday that he's paying for it. He also promised to add a disclaimer.

When John Stoffa ran for Executive four years ago, Atiyeh put out giant signs and a billboard. But the difference between Stoffa and McClure is that Stoffa did not know what Abe was doing and did not call it "our" product.

Atiyeh gave McClure $5,000 last year, after McClure did an about face on his opposition to work release centers and even a child advocacy center, and voted for a residential treatment facility in West Easton that just happens to be owned by ... Abe Atiyeh.

Atiyeh Swings and Misses A Third Time For Bethlehem Rehab

David Harte describes site

For the third time, Bethlehem's Zoning Hearing Board has shot down a drug and alcohol residential rehab center located near a school. At their December 10 meeting, following a five-hour hearing, zoners unanimously denied a "special exception" for a 47-bed facility located at 2349 Linden Street. That's the site of the former Moose and Bug Florist, and is located approximately 400' from Spring Garden Elementary School.

Nearly forty neighbors attended this hearing. Many expressed concerns about a diminished quality of life, increased traffic and a potentially dangerous situation.

In addition to neighbors, Bethlehem Area School District administrator Dean Donaher opposed the proposal on behalf of the school district. Spring Garden Elementary has an enrollment of 563 students, according to Donaher, making it one of the largest schools in the district. Between 60-65% of these children walk to school.

In two previous appeals, developer Abe Atiyeh was unsuccessful in pitching drug and alcohol rehabs near Bethlehem Catholic High School. In all three appeals, Attorneys Mark Malkames and Blake Marles, representing Atiyeh, insisted that there was no factual basis for these concerns. Marles called it speculation, while Malkames spoke of "inappropriate fears of the unknown." But Diane Mason, at the December 10 hearing, offered several examples in which residents and employees at voluntary rehabs have stolen cars, broken into nearby homes, and used drugs.

After hearing this testimony, neighbor German Berrio told zoners he has twelve grandchildren who will no longer be able to play in the back yard next to the proposed facility. "That's going to be the end of my children visiting my home," he protested.

Representing several of the concerned neighbors, Bethlehem Attorney Jeremy Clark argued Atiyeh failed to submit a specific plan of operation. He added that the developer has no track record with drug and alcohol rehabs, and failed to reach out to school officials or neighbors.

"That's a two-way street," answered Malkames, who countered that nobody from the schools or neighborhood had reached out to Atiyeh. He also argued that since a rehab is already a permitted use, opponents would need to show consequences beyond what could be seen at a typical rehab. He has vowed to appeal this decision.

Abe Atiyeh: I Am Not An Animal

Abe Atiyeh 

Developer Abe Atiyeh just missed on his 547,839th attempt to persuade Bethlehem's zoners to allow a drug rehab center tonight. Yes, the vote was 5-0 against him, but it took them a half hour. I'll have a story tomorrow with all the details, although The Express Times's Zach Lindsey has already beaten me.

But before I get into my own rendition, I want to share a little kerfuffle between Atiyeh and City Council Solicitor Chris Spadoni. The Bethlehem Barister was peppering Atiyeh, and Abe finally blew up.

"I am not an animal. If you want to talk to me like an animal, I'll talk to you like an animal."

So nobody talked like an animal.

Chris Spadoni

Atiyeh Appeals Hospital Decision, Claims Plan Approved

Att'y Blake Marles

Last month, Northampton County Judge Edward Smith ruled that Bethlehem's Planning Commission exceeded its authority in denying developer Abe Atiyeh's plans for a psychiatric hospital at the southeast corner of Center Street and Dewberry Avenue. But instead of reversing, he sent the matter to the Zoning Hearing Board to determine whether a hospital use is permitted at that site.

Atiyeh has responded to this ruling with an appeal to Commonwealth Court, filed by Attorney Blake Marles on November 5. In addition, Marles has asked Judge Smith to reconsider, arguing that the only matter before him is whether the Planning Commission had a basis to deny the submitted plans. He also points out that, since this matter was never in front of the Zoning Hearing Board, there is no basis for a remand. In fact, Marles insists that since there was no legitimate basis for the denial of his plan, it should be deemed approved.

After his bid for luxury apartments at that 5-acre site failed, Atiyeh proposed a 4-story, 125-bed, inpatient detox center and psychiatric center. The site in question is located in an institutional district, where a psychiatric hospital is a permitted use.

Abe Aims at Bethlehem Township

Abe Atiyeh sure gets a lot of ink. Last week alone, I covered two very long nights of hearings with him before Bethlehem's Zoning Hearing Board. Every news outlet in the universe was there, too. He doesn't need to advertise himself, but that's what he just did. He took out a full page ad in Wednesday's Morning Call, to complain about increased traffic and density that will come from two recently approved developments in Bethlehem Township, where he lives.

His ad was a prelude to a meeting of the Township's ZHB last night, where he's challenging the zoning that made those developments possible.

The first of these developments is William Penn Commons, which will soon be a high-end Scheetz gas station along William Penn Highway, right across the street from Farmersville Elementary School. Lou Pektor and Ed Novak are working that deal. Because of improvements to pedestrian access along William Penn Highway, Farmersville Elementary School actually supports the project, located a stone's throw from Route 33.

The other development is a humongous 103.9 acre site of farmland. It will be a self-contained traditional neighborhood on the north side of Freemansburg Avenue, replete with walking trails, two ponds, restaurants and a Shop-Rite supermarket. It's called Madison Farms for some reason.

Township officials and developers call it smart growth, consistent with the comprehensive plan. Atiyeh calls it sprawl and contract zoning.

I was unable to cover last night's adventures in Bethlehem Township because I was covering Bethlehem's Zoning Hearing Board.

School Principals, Psychtherapist, Testify Aganst Atiyeh Rehab

(From left to right: Solicitor Erich Schock and ZHB members Gus Loupos, Bill Fitzpatrick, Linda Shay Gardner and Michael Santanasto. James Schantz is blocked, but he's there.)

Two school principals and a psychotherapist spoke against Abe Atiyeh's quest for a residential drug and alcohol rehab center during a 4 1/2 hour hearing before Bethlehem's five-member Zoning Hearing Board (ZHB) on October 16. About thirty-five people attended this second night of testimony concerning this proposed facility, which would be located at 2110 Center Street. That's just 380' from Bethlehem High School, and right next door to Vitalistic Therapeutic Charter School.

At an earlier hearing in September, Atiyeh's engineer, David Harte, outlined plans for a 28-bed facility, 2 1/2-story treatment center for drug and alcohol addiction, to be staffed by a maximum of 16 people at any one time.

Ron Deiaco, principal and acting CEO of Vitalistic Therapeutic Charter School, told zoners he had concerns about the possibility of inappropriate contacts between treatment center residents and the 100 elementary school children under his care. "As a principal, my first concern is the safety of my children," he testified, noting that kids playing outside during recess could come into contact with residents taking smoke breaks outside.

Just that day, Deiaco testified, somebody wondered into the school, looking for the yet-to-be-built rehab center.

When ZHB member Bill Fitzpatrick asked whether a fence would address those concerns, Deiaco acknowledged that "it would certainly be a start." He also admitted, in response to cross-examination by Atiyeh Attorney Mark Malkames, that he conducted no Megan's law search before moving into his new school in September.

According to the Megan's Law Website, two registered sex offenders live within a mile of his charter school.

Principal John Petruzzelli

Bethlehem Catholic Principal John Petruzzelli stated that, because of the "tremendous stigma" associated with narcotics addiction, his 745-student school would see its enrollment decline. It would also negatively affect its land value. "Please do not threaten our ability to interest parents and attract students," he pleaded. "Please don't threaten our viability."

Petruzzelli conceded, under questioning by Attorney Malkames, that he had no evidence demonstrating that a treatment center would lead to increased crime or violence in the neighborhood.

But William Henry, a psychotherapist who can walk from his home to the proposed center in thirty seconds, claimed that there is a connection. Between 50-75% of people suffering from drug or alcohol addiction also suffer from an underlying mental disorder, said Henry. He insisted this could lead to "complete breakdowns," resulting in violence.

For that reason, he argued that no rehab center should be built near a school. "I don't think there could be a worse place," he said.

He also ridiculed Atiyeh's proposal because there "clearly" is no treatment plan in place.

When questioned about rehab centers like the Keenan House, located in Allentown, Henry responded, "I don't like to go to Allentown. It's a little dangerous."

When Attorney Malkames asked Henry whether he really believed that a DUI offender is suffering from some kind of psychosis, Henry responded, "That's an incompetent statement."

Testimony in this case will continue, and hopefully conclude, in a hearing on November 20, 6 PM, at the Bethlehem Public Library.

Can Judge Smith Break Legal Logjam at Center & Dewberry?

Judge Edward Smith is a U.S. Navy Captain

Dewberry Avenue and Center Street in Bethlehem, located near Bethlehem Catholic High School, is gridlocked. But it's not the traffic. Developer Abe Atiyeh, Bethlehem zoning and planning officials and numerous angry residents have created legal traffic jams over Atiyeh's seemingly Quixotic quest to establish a drug and alcohol treatment center somewhere ... anywhere ... in that vicinity. Northampton County Judges are now involved. Though they have the power to send someone to his death, it's by no means clear that they can resolve the legal war between the forces of Abe Atiyeh and Bethlehem. But Judge Edward Smith is trying, with an October 5 Order aimed at breaking at least a part of this legal logjam.

This all started when Atiyeh, who purchased 5-acres at the southeast corner of this infamous intersection, received permission in 2007 for an assisted living center on lands set aside for a cemetery. But when he was unable to market it, he asked zoners to let him build luxury apartments instead. Denied. He asked again. Denied again.

At the northeast corner, site of a vacant home, Atiyeh proposed relocating his business offices. Denied. So he proposed a drug and alcohol rehab, a la the Betty Ford Treatment Center. Denied. Just east of that, he proposed converting the vacant Calvary Baptist Church into a drug and alcohol rehab. Denied.

Back at the southeast center, Atiyeh decided to develop those 5 acres with Brookside Drug, Alcohol and Psychiatric Hospital, which unlike his proposed rehabs, is a lockdown facility. More importantly, it's a permitted use. He needed no approval from the Zoning Hearing Board. But his plans were tossed by the Planning Commission at a hearing attended by approximately 80 people, most of them opposed.

"I haven't heard a basis for a denial. Not a single one," said an astonished Blake Marles, a Bethlehem attorney representing Atiyeh.

Judge Smith agreed. He concluded that the Planning Commission "improperly invaded the province of the City of Bethlehem Zoning Hearing Board by making a determination of whether the use is a permitted use ... ." So he's sent the case back, but not to the Planning Commission. Instead, it's going to the Zoning Hearing Board, which has never heard the matter.

Zoners already have two special meetings scheduled on October 16 and October 18 to deal exclusively with other Atiyeh zoning applications. They're going to have to schedule a third.

So far, there is no light at the end of this legal tunnel. But Judge Smith also happens to be a Captain in the U.S. Navy.

Maybe he can order a missile strike.
Judge Edward Smith Remands a Planning Comm's Decision ... to Zoners

The Abe Atiyeh Show

Atiyeh (front) unhappy with Spadoni (rear) objections

Bethlehem Area Public Library was the venue for a September 19 hearing in the latest round of Abe Atiyeh zoning hearings. But instead of a librarian, Solicitor Erich Schock and Zoning Chairman Gus Loupos both had to ask the fifty or so people to be silent. For the most part, they were, as Attorney Mark Malkames made the case for drug and alcohol treatment centers at 2110 Center Street and 2349 Linden Street.

Both of these applications were originally filed last March, before Bethlehem's new zoning ordinance was adopted. Under that major overhaul, adopted in August, both Atiyeh sites would be too close to Bethlehem Catholic High and Spring Garden Elementary Schools. But the older zoning ordinance, under which Atiyeh's applications were filed, imposes no such restriction.

In July, zoners unanimously refused to allow Atiyeh to relocate his business offices from Whitehall Manor to a vacant home at 2110 Center Street, located on a 0.67-acre lot at the northeast corner of center Street and Dewberry Avenue. So now he's proposing to demolish the home and replace it with a 2 1/2 story residential treatment facility for up to 28 people suffering from drug and/or alcohol addiction.

David Harte, a Professional Engineer and Atiyeh's right-hand man for the past three years, acknowledged that patients could leave at will at what is, after all, a voluntary treatment center. But as he has testified in other hearings, he stressed that there is "a need" for treatment centers in the Lehigh Valley. Over thirty people have applied for the Executive Director position, claimed Harte.

"I've seen people with Center Street addresses arrested for DUI," he noted, insisting that the patients at this center would be "no different" than many of the people in that very neighborhood.

Zoner James Schantz, noting the numerous applications for Executive Director, asked Harte whether anyone has applied to be admitted as a patient. Harte answered that no patient solicitations can be made until the state grants a license.

Another zoner, Linda Shay Gardener, disputed Harte's claims that patients would undergo extensive counseling, noting that the plan shows only two counseling rooms and one office. Harte responded that most of this would occur in a group setting and in an open area.

The zoners' huddle: all they need is a football

Bethlehem City Council Solicitor Chris Spadoni was having a rough night. A former prosecutor, he was batting 0 for 4 in objections to testimony during Abe Atiyeh's quest for zoning approval of residential drug and alcohol treatment centers at 2110 Center Street and 2349 Linden Street. With no success, he argued that Harte lacks the qualifications to describe the management and operation of a drug and alcohol treatment center. He also objected unsuccessfully to Harte offering opinions on the criteria for this use, insisting that this was the ultimate question to be decided by the Zoning Hearing Board.

"Nice try," joked Atiyeh, after one of Spadoni's failed objections.

But on his fifth swing, Spadoni sent one over the fence, temporarily ending the presentation for the second application filed by Atiyeh.

Everyone wants to testify

In addition to a 28-bed residential treatment center at 2110 Center Street, he's planning a 47-bed residential treatment facility at 2349 Linden Street, site of what was once the Moose and Bug greenhouses. They'll be demolished, and a 2-story, 35,000 sq. ft., building will take their place.

Just as Attorney Malkames began to question Harte, Spadoni objected, noting inconsistencies between the actual application and the advertisement. "We tumbled off the road and into the weeds," said the Bethlehem barrister. "The advertisement does not match the application."

After reviewing the advertisement, Malkames agreed, and suggested that the matter be advertised again. Abe Atiyeh was a little reticent until he was assured his application will still be considered under the old zoning ordinance.

Testimony will continue on the 2110 Center Street application on October 16, 6 PM. Two days later, zoners will continue with the request for a drug and alcohl rehab at 2349 Linden Street.

Zoning Hearing Board member Bill Fitzpatrick disclosed that he is a teacher at the Arts Acadmey Charter School, which is a tenant in a building owned by Atiyeh. Fitzpatrick stated he saw no reason to recuse himself, but would step aside if others objected. Nobody did. Fitzpatrick has voted against nearly every Atiyeh application.

Can't We All Just Get Along?

Abe Atiyeh and Att'y Mark Malkames

Although they've been up in arms about nearly every other Abe Atiyeh zoning proposal, Bethlehem citizens had few complaints about a proposed 150-bed residential treatment facility at 825 12th Avenue. It's an isolated location at the former Synthetic Thread property, where Atiyeh had originally planned apartments.

Even Stewart Early, a thorn in Atiyeh's side in previous zoning requests, told Atiyeh he was pleased.

Although zoners granted Atiyeh the necessary variance, it was conditioned on his agreement to withdraw a multitude of other appeals for residential treatment centers, including one to be located right by Bethlehem Catholic High School.

But then Atiyeh decided to appeal the decision, even though it gave him precisely what he wanted. That's because Atiyeh believes zoners have no legal authority to force him to withdraw one set of zoning appeals in order to get relief in an unrelated request.

Now Bethlehem has fired back.

On August 24, the City decided to appeal the Zoning Hearing Board's decision, too. Bethlehem's new zoning ordinance which the administration supported, provides for treatment centers like the one at 825 12th Avenue. So essentially, the City is challenging its own zoning ordinance.

So Atiyeh is appealing a decision giving him the relief he wanted while the City is challenging its own zoning ordinance.

Does any of this make any sense?