Judge Throws Monkey Wrench in Bethlehem Landfill Expansion Plans

According to both the "Citizens for Responsible Development" (CRD) and their attorney, Gary Asteak, NorCo Judge Abe Kassis issued a ruling yesterday that, if it stands, will make a desired expansion of Bethlehem Landfill highly unlikely. According to both Asteak and CRD, Judge Kassis reinstated two conservation easements and a woodland easement that were adopted by the City of Bethlehem in 1994, when it owned the Bethlehem landfill. 

The conservation easements preserve 208 acres of landfill property for scenic and conservation purposes and specifically exclude landfills. The woodland easement, which applies to 8 acres, is intended to preserve undisturbed woodland. It was binding on both the City and future owners to preserve the Delaware and Lehigh Canal Heritage corridor as well as "the original character and scenic nature of the land."  

Judge Kassis concluded that Lower Saucon Tp, under a previous Council, violated the Donated or Dedicated Property Act when it rescinded these easements without first seeking approval from the Orphans Court. If this ruling stands, Bethlehem Landfill will be unable to expand into any areas protected by these easements. 

CRT applauded the ruling as "a crucial affirmation of the public’s rights and the legal protections created decades ago to preserve the character, ecology, and scenic integrity of this landscape.”

Bethlehem Landfill provides waste disposal services for five area counties, including Northampton and Lehigh. It has a 201-acre permit and was approved by DEP for a 40-acre expansion. It was cited last January for failing to control odors. 

Lower Saucon Township Council: Worst Governing Body in Lehigh Valley

I like to complain about NorCo Council or the antics I've seen in Allentown and Bethlehem. I didn't know how good I had it. Above is six-hour long Lower Saucon Township Council meeting. I just watched the very beginning and suggest that's all you need to see to realize this is by far the worst governing body in the Lehigh Valley. I'll have more to say Monday. 

Lower Saucon Tp To Hold Landfill Expansion Meeting During Noon Hour

If you want to do something legally, but want as little input from the public as possible, you schedule the required public meetings at times when most members of the public are unable to attend. That's precisely what Lower Saucon Tp has done. It has scheduled a meeting today to consider a new zoning map and text amendment because its first try was killed in court. The meeting is scheduled at 12:30 pm, a time that demonstrates a disdain for the people that Lower Saucon Tp Council should be serving. 

Lower Saucon Tp Agenda, Back-Up Docs, Now Available Online

Lower Saucon Township has joined the growing number of municipalities that include background information for Council agenda's on the township's website. Lehigh County, Allentown and Bethlehem have been doing this for some time. Northampton County and Bethlehem Township started making this information available within the last year. Easton posts unfinished business and bending legislation.

Priscilla deLeon spearheaded the effort in Lower Saucon. "I feel residents can only ask questions if provided with information," she said.

Explosions Expert: Catastophic Failure of LNG Tank "Very Remote"

full containment LNG tank owned
by UGI in Steelton 

Bethlehem's Zoning Hearing Board listened to over four hours of testimony June 14 in connection with UGI's request for a 98' high, 78' wide liquefied natural gas facility in Bethlehem at 2470 Ringhoffer Road. It will be located on an 83.91 acre tract of former Bethlehem Steel land that is now part of Lehigh Valley Industrial Park. Testimony will continue on July 12.

To review, liquefied natural gas (LNG) is cryogenically cooled natural gas which is liquefied to reduce the volume for shipping and storage. LNG is primarily methane, but can contain up to 10% ethane and propane. It is stored at a temperature of negative 260 degrees Farenheit. The location along Ringhoffer Road was attractive to UGI for two reasons. First, it is located near a pipeline that will enable the company to deliver fuel after returning the methane to its gaseous state. Second, the facility would be located in a swale, affording some natural protection.

The tank will be filled by 10,000 gallon tankers, each of them weighing over 44,000 pounds, that would travel along Applebutter and Ringhoffer Road. About five or six deliveries will be made daily over the course of several months until the tank is full. After that, the only time the tank will be accessed is during extremely cold weather.

Allentown Attorney Tim Siegfried represents UGI, and has already presented at least five witnesses. Lower Saucon Township officials, who oppose the facility, are represented by prominent environmental attorney Charles Elliott.

Three witnesses were offered June 14.

Deputy Fire Chief Craig Baer explained what steps his department would take in the event of an emergency in general detail, though questions about Nixel or reverse 911 notification or door-to-door evacuations are unresolved. An emergency action plan is still in process. He did concede under questioning by Lower Saucon Council member Priscilla deLeon that "[i]f there's a catastrophic fracture [in the tower wall], there's nothing we can do to stop it."

Dr. Ryan Hart, a consultant who assists in the investigation and analyses of fires and explosions, said the likelihood of a major incident at this facility is "very remote." He noted that LNG is heavy and the vapor cloud is not something that will rise up in the sky. He said that instead, it would hug the ground.He also said that LNG is inflammable and needs to mix with air before it becomes explosive.

He told the Zoning Hearing Board that he's done no calculations at this point concerning how far an LNG clud would travel before it disperses or explodes.

Gregory Elko, a principal at Langan Engineering, testified that the proposed UGI is not near any dwellings in Bethlehem. The closest home is 662' away,and is vacant. He said the next two closest homes are 840'and 850' away.

He described the 83.91 acre UGI tract as 87% undisturbed and wooded. He also explained that a lengthy and winding driveway would be used to access the tower, and was necessary because if hills and wetlands.

He indicated that tankers would access the driveway from Route 412, Shimersville Road, Applebutter Road and then Ringhoffer Road. He acknowledged that Ringhoffer Road would have to be widened for the truck traffic.

Hart and Elko have yet to answer questions from Attorney Charles Elliott or the public. "Dr. Hart, I hope you enjoyed the hospitality of Bethlehem because we'd like to have you back," said Kevin Kelleher, who is providing legal advice to the Zoning hearing Board.

About 20 people attended the hearing, but Kellher took a very hard line on who may pose questions.He ruled that one woman, who lives in Springfield Township in Bucks County, lacks standing. He also denied standing to a woman who holds a mortgage to property in Steel City, claiming she would have to live there to be allowed to speak.

When testimony resumes on July 12, Charles Elliott will begin his cross-examination of both Hart and Elko.

Landfill Dumped Nearly $150k in Lower Saucon Council Race

I've been writing a lot about pay-to-play and old fashioned political corruptions in recent months. A bit of extortion here. A bit of bid-rigging there. Every now and then, an old-fashioned bribe.  Given the political corruption that has occurred in Allentown, few noticed what was going on in Lower Saucon Township, where one corporation attempted to buy an election, and very nearly succeeded.

IESI is the corporation that owns the Bethlehem Landfill, and it wants to expand. In order to do that, it needed a compliant Council. On October 23, I reported that the landfill had quietly dumped $95,600 into the Lower Saucon Township Council race, according to campaign finance reports on file at the Northampton County elections office. Its goal was to remove landfill opponents Priscilla M deLeon and David Willard, who were incumbent Council members. It was supporting incumbent Tom Maxfield and challenger Sandra Yerger.

On election eve, I told you the landfill had dumped another $28,700 into the race. The company reported its expenditures. All very legal.

This strategy succeeded in part and failed in part. Landfill opponent Dave Willard was narrowly defeated, but so was landfill proponent Tom Maxfield. Priscilla deLeon managed to hold on to her seat by defeating Maxfield by a scant five votes. Sandra yerger, who is supposed to be an environmentalist, was swept into office with the landfill's money.

According to an annual report that IESI just filed with the elections office, it spent another $21,596.67 after the election, on 11/30/15, for what it calls "individual employee services."

Adding it all up, IESI spent $146,796.67 to buy a local government. Legally.

2012 Lower Saucon Home Invasion Results in Charges

Wanted: David Bermudez

"The wheels of justice grind slowly, but they grind exceedingly fine" is a saying that certainly applies to the 2012 home invasion of a Lower Saucon family that, until now, has gone unsolved. Based on a Grand Jury Presentment, Northampton County DA John Morganelli has directed that criminal charges be filed against David Bermudez, age 37, a fugitive who is formerly from Bethlehem. Calling the matter a "very serious case," Morganelli described home invasions as "a terrifying experience."

This home invasion occurred on a hot July night in 2012, when Dominic Albanese and his wife Jodi had just sat down to watch television after putting their four children to bed. Suddenly, the back door was kicked in and four partially masked men, carrying guns, barged in. Dominic was immediately hit in the head with a gun that discharged into a wall, and then was dragged upstairs while his wife was ordered to disrobe. When she refused, a gunman fired into the ceiling, leaving a bullet that was later retrieved just inches from one of the children's bedrooms.  

Jodi was then ordered upstairs to watch all four of these men kick, pistol whip and punch her husband until he was unresponsive. "Dominic, you don't take things that don't belong to you," shouted the leader. "You don't take money that doesn't belong to you. Where's the safe?"

She saw one of the assailants remove a Rolex watch from her husband's wrist while she herself was shoved into a closet and told to open the safe. She was punched in the face and a gun was fired next to her head and into the wall. These home invaders took a computer, iPads, diamond earrings, a camera and the safe, which contained about $5,000. They left in the family minivan, which was located by police the next day.

A jail house confession is what gave prosecutors the break they need.

While incarcerated on an unrelated matter, David Bermudez told a fellow inmate that he had had been solicited by Michael Radogna, a business associate and one-time friend of Albanese, to do the job. Albanese owed Radogna money. Also solicited were  David Perez, a person known only as "Chino," and Juan "Goldo" Fernandez. Bermudez provided this inmate with specific information about the home, what had happened and what was taken.

Mrs. Albanese was able to identify Juan "Goldo" Fernandez as a result of a photo display, but he committed suicide last year.

The investigating Grand Jury also heard evidence from a former Rodagna employee, who said that Radogna was willing to pay him $500 to $700 to "beat up somebody and break his arms" because that person owed him money.

Ass't DA Bill Blake reviews charges with his
boss, DA John Morganelli

Albanese at one time had a successful real estate office called Home Team Real Estate, which was at one time was located directly across the street from the courthouse. He was involved in several Easton properties, and became acquainted with Michael Radogna, who started the Mocha Mike coffee kiosks. His wife Carin, widow of slain Easton police officer Jesse Sollman, was awarded $5 million in a settlement against Easton

The two couples decided to invest in the 44-acre Lower Saucon Township property along Woodland Road. Albanese agreed to move into the farmhouse and take possession of 12 acres. The Radognas would build a home on the remaining land. Carin Radogna not only purchased the property, but took out a $380,000 mortgage after Albanese failed to qualify.

The Albanese family moved into the farmhouse, and made $200,000 in improvements.

In the meantime, relations between the two families deteriorated. Michael Radogna wanted the Albanese family out, and stated on several occasions he would "do whatever it takes to get his money back." In March 2012, the Radognas attempted to evict the Albanese family. But they obtained a stay as well as an order enjoining Radogna from visiting the property except for "business" purposes. Jodi Albanese complained that she felt intimidated by him.

While contempt proceedings against Radogna were pending, the home invasion occurred.

Following the assault, the Albanese family found a new place to live.

Michael Anthony Radogna has not been charged, and is presumed innocent.

Bermudez has been charged with burglary, aggravated assault, robbery, theft and terroristic threats. Burglary, aggravated assault and robbery are first degree felonies carrying a maximum penalty of 20 years imprisonment and a $25,000 fine. Theft in this case is a third degree felony with a maximum penalty of seven years imprisonment and a $15,000 fine. Terroristic threats is a first degree misdemeanor with a maximum penalty of five years imprisonment and a $10,000 fine.

Morganelli has assigned the prosecution to Assistant District Attorney Bill Blake, supervising attorney for the Grand Jury.

Anyone with information can contact Lower Saucon Police at 610-317-6110.

Lower Saucon Race Tally Going Against Landfill

Priscilla deLeon

The Bethlehem Landfill, through  IESI, the corporation that controls the Bethlehem Landfill, has poured $125,200 into the Lower Saucon Council race in an effort to get a Council willing to approve zoning changes for an expansion. It used a a "high-stakes public strategy" firm to pound voters with robo calls, flyers and mail. It wanted to get rid of a bi-partisan anti-landfill slate consisting of Priscilla deLeon (incumbent), Dave Willard (incumbent) and Donna Louder.

They were running for three seats on the board against Sandra Yerger, Tom Maxfield (incumbent)and Gary Gorman.

The landfill appears to have succeeded in getting Sandra Yerger elected, at the expense of Dave Willard.

But two members of the anti-landfill slate have been elected, too.

According to a canvass of the votes in Lower Saucon, conducted by the elections office on Monday afternoon, the votes are as follows:

Donna Louder - 1244
Sandra Yerger - 1175
Priscilla deLeon - 1158
Tom Maxfield - 1153
Dave Willard - 1069
Gary Gorman - 776

The unofficial tally on election night only gave deLeon three votes more than pro-landfill incumbent Tom Maxfield. But it now appears she has five votes more, although elections officials said it was four.

The official results will not be certified until the military ballots come in and are counted.

Lower Saucon Council Race Results Up in Air

Does money buy elections? Stay tuned. IESI, the corporation that controls the Bethlehem Landfill, wants zoning changes that will permit it to expand in Lower Saucon Township. That needs approval by Township Council, which has dragged its feet. So the landfill corporation has poured $125,200 in an effort to remove landfill opponents with a more compliant council. It used "high-stakes public strategy" firm Mercury, LLC to oppose a bi-partisan anti-landfill slate consisting of Priscilla deLeon, Dave Willard and Donna Louder.

They were running for three seats on the board against Sandra Yerger, Tom Maxfield and Gary Gorman.

This strategy may have both failed and succeeded. The landfill'e most vocal opponent, Louder, was the top vote getter in last week's election, with 1,244 votes. But Sandra Yerger, who has claimed that the loss of landfill income "would create a significant tax increase for township residents," also won a seat, with 1,176 votes.

The third seat went to incumbent Pricilla deLeon with 1,157 votes, but this unofficial tally only gives her three votes more than pro-landfill incumbent Tom Maxfield. It could easily change.

"I'm hanging on by my fingernails," said deLeon. "I should have waited for a manicure."

Northampton County's election office began what it calls its canvassing of the vote on Friday. This is the official count, and it starts with the cities. The process takes several days. As of press time, it is still unclear whether deLeon or Maxfield has won the third seat on Lower Saucon Township Council.

An Appeal to Lower Saucon Voters

Letter to All Lower Saucon Township Voters

As a resident of Lower Saucon Township, I can’t remember a time in the township’s history when it was more important for the residents to head the polls and to insure the future direction of our community!

Furthermore, there has never been a time in Lower Saucon that a foreign corporation has dumped almost $100,000 dollars into the election process for its own business interest. Our township residents are being exposed to a major loop-hole state and federal campaign financing law that permits a CORPORATION to make an “independent expenditure” and could influence the outcome of an election. As long as the CORPORATION does not have any direct contact with the candidates they are either supporting or opposing they can spend as much money as they want – there are no limits!

The company taking advantage of this loop-hole is none other than IESI PA Bethlehem Landfill Corporation owned by theCanadian based Progressive Waste Solutions Corporationwith the help of their Philadelphia based attorneys. They are supporting Tom Maxfield and Sandra Yerger.

Matt McClarin

IESI’s mailers and calls fail to explain why they want these candidates ele cted and use scare tactics to sway voters. What they don’t tell you is that every year an average 375,000 tons of garbage is hauled into the township by nearly 40,000 trucks, most of which are from out-of-state. The waste from out-of-state is approximately 70% of the total hauled into the township daily! In addition, IESI does not want you to know that the proposed 2016 township budget has NO TAX INCREASES, NO CUTS TO SPENDING, and IESI’s TOTAL CONTRIBUTION TO REVENUE IS ONLY 10%.

What IESI wants from these candidates is not an expansion approval, but azoning change! What is zoning? A simple explanation of zoning is lines on our township map that tell a property owner what they can and cannot build on their property. For instance, many of us in this township live within a Residential or Rural Agricultural district, it allows for one house on a specific number of acres along and other uses that will protect environmentally sensitive land. Another example is the Light Industrial district which allows for manufacturing, warehousing, and even landfills.

Since 2005, IESI has been acquiring the rural agricultural land adjacent of their land to the tune of 83 acres . IESI wants the Lower Saucon Township Council to change their land that is zoned Rural Agricultural to Light Industrial district. IESI has selected the candidates who will permit this changed based on their previous support of IESI.

So what’s the big deal? The big deal is that the current zoning is designed to protect quality of life for all the residents of the township, not just a select few. Zoning establishes the boundaries that separate the many different types of residences, business and all uses throughout the township. It protects all the interests of the residents who live and/or work as one with little conflict. An overwhelming majority of residents around the current IESI PA Bethlehem Landfill do not want these boundaries to be changed. It will impact their quality of life and feel it will set a very negative precedence in this township; for the right amount of money, a corporation or developer can change the character of a community and the quality of life for the residents doesn’t matter. Furthermore, what they want to do is considered SPOT ZONING and that is ILLEGAL. So, they are using a legal loop-hole in the campaign laws to get an ILLEGAL change in our zoning code!

I encourage all residents to attend council meetings and become engaged in our local government! I have been attending council meetings, planning meetings, and public hearings for three years. I have met many great people from all walks of life. It is ironic, that the only time I see new faces at these meetings is when they feel their quality of life and homes are threatened by outsiders attempting to change our zoning codes to their benefits.

We are a community that contributes .25% of our earned income tax to protect the environment and hold off development. Many of our current council member s first walked through the council room doors to object to various projects that were going to impact their quality of life. For Maxfield it was a cell tower; deLeon it was a quarry, and Willard it was the Phoebe Retirement Community. For the most part, these council members have continued to maintain the quality of life by enforcing the current zoning codes. That was until the proposed rezoning the Applebutter Road area. We watched one of our council members flip-flop on the issues because it would be financial beneficial to the township.

If it wasn't for the people living around the landfill, IESI’s dream of a western expansion would now have been realized. The residents are not objecting to IESI expanding within there existing foot print into the southeastern area by placing new trash on top of old trash and would extend the life of the landfill 6-7 years.

Through our fight to save not only our community, environment, and quality of life, but all residents, we have forced IESI to revise their dream for the landfill expansion.If the new eastern expansion is approved it will generate an additional $6,000,000 in revenue to the township while not using any new land. This revenue would never have been a reality if it wasn't for the people opposed to the zoning change.

I am not anti-business, in fact many of my neighbors own small business that employ ten times the amount IESI employs; somewhere between 8-12 people. I have never had a bad word to say about my neighbors that operate businesses, in fact I'm friends with many of them. Our community will be here long after the landfill has closed and are departed. I know who I am voting for on Election Day! It will not be for any candidates that benefited from a corporation or developer that can spend an unlimited amount of money to chan ge the very thing that protects all residents quality of life - ZONING.

This is not Washington special interests cannot be allowed to win elections when informed residents VOTE.

Matthew McClarin
[redacted]
Lower Saucon Township

Landfill Owner Dumps $95,600 Into Lower Saucon Race

Bethlehem Landfill in September

(Blogger's Note: This is an update from a story published earlier in the week.)

At a time when pay-to-play has caught the attention of federal authorities in Allentown and Reading, and has even raised eyebrows in Bethlehem, IESI Corporation has quietly dumped $95,600 into the Lower Saucon Township Council race, according to campaign finance reports on file at the Northampton County elections office. Its goal is to remove landfill opponents Priscilla M deLeon and David Willard, who currently sit on Council. It is supporting incumbent Tom Maxfield and challenger Sandra Yerger.

Who is IESI Corporation? It's the owner of the Bethlehem Landfill located in Lower Saucon Township. But how much longer it stays there is unclear. It will reach capacity sometime next year. If the state grants permission to stack garbage on top of 29 acres at its 201-acre site, it can remain operational for another six years. But what then? IESI has purchased 83 acres on the western side of its property, and wants to use 58 acres for garbage. Its problem? Zoning. That would have to change from residential to light industrial, and the current Council is no hurry to grant this wish. In an effort to get a more complaint Council, IESI has inserted itself in the electoral process.

Three Council seats are up this year. Two are held by Priscilla deLeon and Dave Willard, Democrats who have tended to be anti-landfill. The third Council seat is held by Republican Tom Maxfield, who has generally been supportive. If deLeon and Willard can be knocked off by a slate of pro-landfill Council members, IESI would be that much closer to an expansion.

Before the primary election, the landfill contributed a total of $40,000 to a political action committee (PAC) calling itself Responsible Solutions for Pennsylvania. This PAC supported a slate consisting of Maxfield and two other pro-landfill Republicans, Bill Ross and Sandra Yerger. It funded robo calls, live calls, five mail pieces and the creation of a web page. It also paid somewhere around $13,000 to a Philadelphia law firm (Obermayer, Rebmann, Maxwell and Hippel) who took care of filing the pre- and post-primary election reports.

Under Pennsylvania's campaign finance laws, corporate contributions are illegal. But these lawyers assured District Attorney John Morganelli that the usual ban on corporate contributions fell by the wayside because the contributions are "independent expenditures."

The Supreme Court's ruling in Citizen's United prevents any restriction on independent political spending. .

When the dust had settled on the primary, two of the three members of this slate had won. Sandra Yerger had 468 votes, and Maxfield garnered 441 votes. But Bill Ross, the third member of this slate only attracted 345 votes and lost out to Republican Donna Louder, who is anti landfill.

IESI spent $31.90 for every vote cast in support of the pro-landfill candidates.

deLeon (487 votes) and Willard (382 votes) captured the Democratic nod, along with Gary Gorman.(323 votes).

Now new campaign flyers are out, directly paid for by the landfill, promoting Yerger and Maxfield pro-landfill team. Campaign finance reports just filed in the elections office indicate that IESI has directly spent $55,100 for polling, research, canvassing door-to-door, and the purchase. It is using Mercury LLC, which bills itself as a "high-stakes public strategy firm" with "extensive must-win campaign experience."

As of the second Friday before election day, IESI has spent $95,600 in what increasingly appears to be an effort to buy an election. Whateverit spends between now and election day mist be reported in what are called 24-hour reports.

deLeon, Willard and Louder have formed their own bipartisan anti-landfill team. "We've spent hundreds," laughed deLeon. Their finance reports pale in comparison, and most of their small sums come from family and friends Whether this trio can win against vast amounts of corporate money remains to be seen in what appears to be a David v.Goliath race

deleon and Willard decided against teaming up with Democrat Gorman because his wife Cathy is the Township's Finance Director.

Pay to Play, Landfill Style

IESI Corporation is the owner of the Bethlehem Landfill located in Lower Saucon Township. But how much longer it can stay there is unclear. At the rate things are going,  it will reach capacity sometime next year. If the state grants permission to stack garbage on top of 29 acres at its 201-acre site, it can remain operational for another six years. But what then? IESI has purchased 83 acres on the western side of its property, and wants to use 58 acres for garbage. Its problem?  Zoning. That would have to change from residential to light industrial, and the current Council is no hurry to grant this wish. In an effort to get a more complaint Council, IESI has inserted itself in the electoral process in a big way. In the primary race alone, the corporation has spent $40,000 to get what it wants.

Three Council seats are up this year. Two are held by Priscilla deLeon and Dave Willard, Democrats who have tended to be anti-landfill. The third Council seat is held by Republican Tom Maxfield, who has generally been supportive. If deLeon and Willard can be knocked off by a slate of pro-landfill Council members, IESI would be that much closer to an expansion.

Before the primary election, the landfill contributed a total of $40,000 to a political action committee (PAC) calling itself Responsible Solutions for Pennsylvania. The PAC supported a slate consisting of Maxfield and two other pro-landfill Republicans, Bill Ross and Sandra Yerger.. This money funded robo calls, live calls, five mail pieces and the creation of a web page that is no longer active. It also paid somewhere around $13,000 for a Philadelphia law firm  (Obermayer, Rebmann, Maxwell and Hippel) that took care of filing the pre- and post-primary election reports.

Under Pennsylvania's campaign finance laws, corporate contributions are illegal. But these lawyers assured District Attorney John Morganelli that the usual ban on corporate contributions fell by the wayside because the contributions are "independent expenditures."

The Supreme Court's ruling in Citizen's United prevents any restriction on independent political spending. .

When the dust had settled on the primary, two of the three members of this slate had won. Sandra Yerger had 468 votes, and Maxfield garnered 441 votes. But Bill Ross, the third member of this slate only attracted 345 votes and lost out to Republican Donna Louder, who is anti landfill.

IESI spent $31.90 for every vote cast in support of the pro-landfill candidates.

deLeon (487 votes) and Willard (382 votes) captured the Democratic nod, along with Gary Gorman.(323 votes).

Now new campaign signs are out, paid for by Responsible Solutions for Pennsylvania, promoting the Yerger and Maxfield pro-landfill team. deLeon, Willard and Louder have formed their own bipartisan anti-landfill team. deleon and Willard decided against teaming up with Democrat Gorman because his wife is the Township's Finance Director.

Will the landfill buy this election? Stay tuned.

Why Repyneck Will Avoid Candidates' Nights

Last week, I told you about a candidates' night in the Magisterial District Judge race in Hellertown and Lower Saucon Township. Incumbent David Tidd is facing two challengers, Attorney Amanda Kurecian and David Repyneck, a former probation officer and retired military man. The Northampton County League of Women Voters has scheduled a debate for Tuesday, May 12, 7 pm, at the Hellertown Library. Tidd "looks forward" to it. Kurecian is "excited" by the opportunity. But Repyneck will be a no-show. Asked if some other night might work, retired Repyneck is too busy. Obviously, he's unwilling to face some hard questions.

1. Why did Repyneck's career in criminal justice end so suddenly? - On his web page, Repyneck takes credit for 13 years of experience in criminal justice. He is apparently referring to his work as a Lehigh County Probation Officer. So why did his career there suddenly end after just ten years? Did he resign on his own or was he asked to quit? He owes voters an answer to that question. His ex-wife is still employed there, and as a probation officer.

2. Is Repyneck using, and possibly selling, drugs? - That's what his ex-wife has told Lower Saucon police on several occasions. Now this could be "Hell hath no fury like a woman scorned" situation, or it could be true. She is, after all,  a probation officer. On June 7, 2011,  PTL Robert Winters witnessed a custody exchange in an empty Pathmark parking lot, noting that Repyneck displayed an "attitude." After it was over, his ex told police of different areas they should watch, where he uses and sells drugs. On July 13, 2012, she spoke to PTL John Bowlby, in response to a harassment complaint that Repyneck made about her. Denying any kind of harassment, she told the officer that Repyneck has been under the influence of marijuana and alcohol in the presence of their children. She expressed concern about his "supposed drug use" again to PTL Bowlby on September 22, 2012. After a custody exchange on March 4, 2010, he approached PTL Charles Werkheiser and "seemed to be on a short fuse."

3. Does Repyneck have a legal and illegal gun stash? - That's what his ex told PTL Robert Winters on Jun 7, 2011, claiming "he does have a large 'arsenal' of legal and illegal firearms stashed throughout the township (one apparently being as close as two blocks away from the PD)."

On March 9, 2010, a temporary Protection From Abuse Act Order was entered in Lehigh County against Repyneck, but it was withdrawn pursuant to a March 16, 2010 Stipulation. Under its terms, his wife was awarded exclusive possession of the marital residence, located in Salisbury Tp.

I should note that I'm unable to find any evidence that Repyneck has ever been charged, let alone convicted, with so much as a parking ticket. But he's running for a judicial position and has an obligation to respond to these serious allegations. Considering the source, I do take them with a grain or two of salt. But before he asks anyone to vote for him, I think he needs to answer these questions. I have asked him to provide an explanation, which I will post here.

Blogger's Note: The police reports are below, and I believe I have fairly and accurately portrayed the information in them.  I do have information concerning the PFA, but am not posting it.

Police Reports Concerning David Repyneck

Allentown Woman Charged in Starter's Pub Infanticide

Coroner Zach Zysek: Baby was a health boy

A 26 year-old Allentown woman, Amanda Catherine Hein, has been charged with the infanticide of her own son, right after giving birth to him in a toilet stall at Starters Pub in Lower Saucon Township on August 18. Northampton County District Attorney John Morganelli was able to explain what happened at a Monday afternoon news conference, but not why. "I can't get inside this lady's head," he remarked, but she "made a very, very bad choice. Whether it's an hour old or a minute old, a person's life was taken."

Here's what happened, as determined by an investigation spearheaded by Lower Saucon Police Officer James Connell. On August 18, Hein was with three male acquaintances to see a Pay Per View event at Starters. She began to complain of back pain and left to use the rest room. Her friends became concerned because she was gone for forty minutes and did not answer their text messages. When she returned, companion Louis Rivera noticed that she appeared to be wet and thought it could be blood. He repeatedly asked her if he could take her to the hospital, but she declined. She did go outside for a smoke, and then returned to watch the remainder of the Pay Per View without telling anyone what had happened.

She had never told anyone that she was pregnant.

In a toilet stall, she delivered a 33-36 weeks old healthy boy, wrapped him in a plastic trash liner retrieved from a trash can, and slipped him into the toilet tank well while he was still alive.

The baby's body was discovered the next day when Starters staff cleaned the rest room before opening.

According to coroner Zach Lyseck, who ruled the death a homicide, the baby suffocated.

Hein admitted to wrapping her newly born son in a plastic trash bag and placing him in a toilet tank well alive. She's been charged with homicide, and could face the death penalty because the murder of anyone under age 12 is an aggravating factor. But Morganelli stated that decision will be made later.  She is being held without bail after a preliminary arraignment before District Judge David Tidd.

Lyseck pointed out that every hospital in this area has cradles where mothers can drop off new born infants, no questions asked.

Updated 7:16, to reflect preliminary arraignment before Judge Tidd, as per The Express Times.

What I Like About Lower Saucon Township's Council

Manager Jack Cahalan (left) and Council Prez Glenn Kern (right)

Over the years, I've attended lots of municipal meetings. Sometimes, especially when a land development or park project is being discussed, it is nearly impossible for the public to follow what is going on. But I have to give Lower Saucon Township Council credit for going out of their way to make sure the public is informed.

As a plan is being discussed, a member of Council actually gets out of his seat and shows the public exactly what is under discussion on an easel located in the front of the room.

In addition to this effort, the agenda item under discussion appears on a screen behind the dais.

This might seem like a minor matter to you, but it makes a major difference during a meeting, keeping one and all on the same page. It's also very transparent.

Bert Daday, Rabble Rouser

Last Thursday, when I visited Lower Saucon Township Council, I was astonished to see the biggest rabble rouser there was none other than the Lehigh Valley Partnership's very own Bert Daday. In several trips to the podium, he simultaneously complimented and chided Council..

Ron Angle would have been very impressed.

Daday, and a room full of Colesville Road residents, were there to object to a new development called "Old Saucon." Everything in that gated community, except for a driveway to a proposed bank and restaurant, is located in Upper Saucon Township. So the Township waived the usual subdivision process.

That drove Daday nUtZ.

"Do we really need another restaurant?" he asked, prompting several Council members to remind him that the proposed restaurant is in another frickin' townshiip.

"You're advocating irresponsibility!" he thundered, arguing that a driveway from Colesville Road would increase traffic along Colesville Road and end the world as we know it.

Then, in his deepest baritone, he basically called council a bunch of crooks. "There must be some reason why this Council is so willing to accommodate this development."

Yeah, Bert. It's in another frickin' Township. Go call them a bunch of crooks.

Council was very nice to Daday, by the way.

Lower Saucon to Join NIZ Litigation

Following an executive session, Lower Saucon Township Council has decided to join in a legal challenge to Allentown's EIT tax grab for the purpose of financing a downtown hockey arena and 7-story hotel.

The vote was unanimous, at the end of a lengthy meeting involving numerous land planning issues. Ironically, one on the requests considered, and denied, was to relieve Lehigh Gas of its 18-month maintenance period at a Lower Saucon Township site it left for the Allentown Neighborhood Improvement Zone (NIZ).

Lehigh Gas was the first tenant at the NIZ.

Lower Saucon voters, last November, passed a referendum devoting a portion of EIT to open space. Allentown's EIT tax grab has effectively abrogated the will of the Township's electorate.

Last week, Hanover Township Supervisors authorized its Solicitor to pursue litigation aimed at top Allentown's "misappropriation" of Hanover Township EIT within a downtown Allentown 130-acre Neighborhood Improvement Zone. On Monday night, Bethlehem Township Commissioners voted to join in Hanover's legal action.

Now, three Northampton County municipalities are joined together in a regional effort to stop what advocates of the NIZ insist is good for regionalism. I guess it is, but not in the way hoped.

Next week, both Palmer and Lehigh Townships will be discussing potential litigation.

And so the dominoes begin to fall, one by one.

Priscilla DeLeon, the LV's Most Anal Retentive Official

I think I know why Lower Saucon has sent Supervisor Priscilla DeLeon as their rep to Northampton County's Gaming Authority. It gets her out of their hair, even if it's only for a few hours. What a tight ass! I'll bet she irons her underwear.

On Monday night, she and Hellertown's Stephanie Kovacs cooked up some kind of deal to depose Jay Finnigan as Authority Chair. But they forgot to talk to anybody else. So when Priscilla nominated Stephanie as Chair, and Stephanie nominated Priscilla as Vice Chair, both motions fell on their face for lack of a second.

One thing I've noticed, both in the one meeting I've attended and the others I've watched on the County's video page, is that Priscilla even turns approval of the minutes a major ordeal, with a litany of minor changes that should be included. She's apparently unaware there's a frickin' webcast.

But if you want to see a real anal retentive in action, check out the tail end of Monday night's webcast, when copies of the annual report were handed out. DeLeon wanted Solicitor's Opinions from Scott Allinson added, and explained that she meant his formal, written opinions.

"We did pay him for his services," she snarked.

Jay Finnigan said they could just be pulled from the minutes, and Priscilla gave Allinson another barb. "We don't need to pay you again."

A little confused, Allinson didn't know whether she wanted copies of the informal opinions he gives during meetings, in addition to his written opinions.

"I think you hear what you think you hear when I say things," responded DeLeon in her third shot. She then reversed herself and said if Allinson gives an informal opinion during a meeting, it should be excerpted out and added to the annual report.

A little confused, Allinson wondered whether he was being asked to excerpt his opinions from meetings and write up memos about them, which would obviously be time-consuming. "I'm sorry. I'm speaking English. I'm sorry you don't understand." Zinger #4. DeLeon then reversed herself again, saying only written opinions need be included.

A little confused, Allinson said he'd do whatever the Chair directs him to do, in writing. But Finnigan was confused, too.

Authority VP Deb Hunter assumed the role of translator and suggested that DeLeon wanted informal opinions rendered during meetings included in the annual report, too. DeLeon said that's what she wanted and asked Allinson, "Isn't that why you're here?" Shot #5.

Finnigan then polled the Board. The men (Mayor Yob, Commissioner Nolan and Finnigan) only wanted written opinions. But in a battle of the sexes, the women (Stephanie Kovacs, Deb Hunter and Priscilla) wanted everything. Then DeLeon reversed herself again and said she only wanted written opinions..

A little confused, Finnigan responded, "I think that's what we said."

At this point, Allinson said, "I'm crystal clear."

Finnigan mumbled, "We have no clue."

I know I don't.

In Hellertown's Crowded Magisterial Race, Is Hill Over the Hill?

Nine candidates are duking it out for the magisterial seat currently held by Diane Repyneck in Hellertown and Lower Saucon. Candidates include Dano Guerrieri, Stephanie A. Hoppes-Kovacs, Herb C. Payung, Kristin M. Seyfried, David Tidd, Donna Zawick-Long, Carol Ortwein, Tony Branco and James W. Hill.

Yes, former Northampton County Council member Tony Branco, who actually lied about using campaign consultant campaign consultant Scissorhands Severson during his county council bid, thinks he has what it takes to be a mini-judge. According to a sexual discrimination lawsuit he filed against Douglass Township, which fired him as their manager, he suffers from "anxiety" and "heart disease." What's really sad is that he has a serious shot at winning, too.

But this post is actually about one of Tony's rivals, James W. Hill. He just changed his voter registration from Springtown in Bucks County to Northampton County on February 9th. Anyone who wants to be a district judge must live in the district for an entire year preceding his election. Hill tells election officials that he will have lived in Hellertown for a year, and just got around to changing his registration in February. So if Hellertown is really his residence, where did he vote in November's election?

The Hellertown property Hill lists as his residence is actually a rental property owned by Winfield and Lona E Hill, who themselves live in Bucks County. Hill has been practicing law in Springtown, Bucks County, for the past eight years.

Will one of Hill's opponents challenge his residency? Stay tuned.

Resident to Lower Saucon Township: "Don't Fence Me In!"

Lower Saucon Township resident Richard Jacobs has challenged the township's decision to create a municipally subsidized gated community. Without bothering to conduct a traffic study, the township has gated off Stover Road from his subdivision.

Blocking off the road makes it much more difficult for people using the main drag, Route 412, to access his neighborhood, the Arden subdivision. Residents of this wealthy quarter, including a township supervisor, are all for this obstruction. You see, they don't like the idea of unwanted guests barrelling through their green zone. They might be poor people, damn it!

Jacobs had previously warned township officials that blocking this road creates a public safety hazard. And soon after the gate was installed, Jacobs had the unhappy fortune to be proved correct. His wife had a nasty fall and he called for assistance. Had that road been open, an ambulance would have been at his wife's side at least five minutes earlier.

This gate, installed at township expense, does more than keep the poor people out. It also screws handicapped people, making it impossible for a person on a wheel chair to get around.

Ten years ago, there were at least thirty thousand gated communities across America, and anywhere between 4 and 8 million people had "forted up." By contrast, Canada has about 300. They're more relaxed ... and less snobby.

Undeniably, gated communities present challenges for emergency vehicles. They exclude our new "untouchables," like the "bus people" I occasionally see derided on this and other blogs. According to at least one study, non-whites make up only a tiny portion of gated community residents. Hmmm. Heavy Trash, another blog, notes that "gated communities do not increase people’s trust in each other or the overall quality of life. They may in fact do harm to both.”

The Great Wall of China never succeeded in keeping out invaders. The Berlin Wall was a bad idea, too. The Stover Road gate will likely be opened by Jacobs' litigation. For those of you who'd like more detail, his complaint is below.

NOW COMES THE PLAINTIFF upon a cause of action of which the following are statements:

1. Plaintiff is an adult individual residing at XXXX Arden Lane, Bethlehem, Pennsylvania, Lower Saucon Township, Northampton County.

2. Defendant is a Second Class Municipal Township with a business address at 3700 Old Philadelphia Pike, Bethlehem, Pennsylvania, Lower Saucon Township, Northampton County.

3. Plaintiff resides in the Arden Subdivision, at the corner of Arden Lane and Stover Road.

4. Stover Road is located on the approved plans of the Arden Subdivision and is a public road.

5. Stover Road is also a proposed public road on the Meadows Subdivision which is an approved subdivision located immediately to the north of Plaintiff’s property and will connect to that portion of Stover Road located on the Arden Subdivision. That portion of Stover Road located on the Arden Subdivision has been dedicated to the Defendant, however, that portion of Stover Road located on the Meadows Subdivision is still not fully constructed and has not yet been accepted by the Defendant.

6. The Meadows Subdivision was approved by the Defendant on September 7, 2005, and the plan was recorded on October 26, 2005, and is recorded in the Northampton County Deeds Office in Vol. 2005-5, page 631, et seq.

7. Appearing on the recorded plan of the Meadows is the following notation relative to a possible gate located on Stover Road at the point where the Meadows Subdivision and the Arden Subdivision meet. “The location and type of gate will be determined by the Lower Saucon Township Council if deemed necessary after Stover Road is constructed.”

8. The gate as set forth in paragraph number seven would prevent the free flow of traffic along Stover Road from the Arden Subdivision to the Meadows Subdivision and points north and east.

9. Prior to the adoption of the Meadows Subdivision Stover Road was always planned as an open, unobstructed roadway along its entire length.

10. Prior to the approval of the Meadows Subdivision certain residents located in the Arden Subdivision desired to have their Subdivision gated off from the Meadows Subdivision and requested Lower Saucon Planning Commission to recommend a gate be placed in the center of Stover Road to prevent the free flow of traffic from the Arden Subdivision to the Meadows Subdivision and points north and east.

11. The Lower Sacuon Township Planning Commission considered the requests of the residents and on March 13, 2000 voted to grant preliminary approval of the Meadows Subdivision and specifically voted “to recommend a through road connecting Stover Road without an emergency access gate”.

12. In September 2008 The Lower Sacuon Township Council voted to require a gate be placed in the center of Stover Road preventing the free flow of traffic along its entire length.

13. The placing of the gate in the center of Stover Road was contrary to the specific recommendations and desires of fire, medical and other first responders of emergencies that may be required to travel along Stover Road to access the Arden Subdivision and the residents who live to the south and west of the gate. The Defendant was warned of possible adverse consequences to the public if the Stover Road was blocked by such a gate in a letter dated February 1, 2000, a copy is attached hereto as Exhibit A.

14. The placing of the gate in the center of Stover road will prevent police vehicles responding to emergencies in a timely fashion if they are required to use Stover Road.

15. The residents on the Arden Subdivision and other residents who live to the south of the gate on Stover Road will have only one method of egress and ingress to their homes if Stover Road is blocked by the proposed gate.

16. The placing of the gate in the center of Stover Road is a clear danger to the health, safety and welfare of the public.

17. The placing of the gate in the center of Stover Road is contrary to the Lower Saucon Township Subdivision and Land Development Ordinance.

18. Defendant has not adopted any regulations or standards as part of its Municipal Code to determine the placing of, use of, or construction of gates placed on public roads or streets such as the one on Stover Road and is done on an ad hoc basis.

19. By placing a gate in the center of Stover Road prior to the completion of construction of Stover Road, Plaintiff will be and is unable to complete a traffic study by counting the cars which will traverse Stover Road and its connecting road, Old Mill Road, to adequately assess the impact on any increase in traffic if Stover Road was unobstructed.

WHEREFORE, Plaintiff prays that This Honorable Court grant the following relief:

A. Preventing and enjoining Defendant from placing a gate in the center of Stover Road as set forth above,
B. Preventing and enjoining Defendant from placing a gate in the center of Stover Road as set forth above until the completion of Stov er Road,
C. Preventing and enjoining Defendant from approving and or installing any further gates blocking public roads,
D. Preventing and enjoining Defendant from approving and or installing any further gates which would block public roads until standards and regulations have been promulgated and adopted by Defendant,
E. Preventing and enjoining Defendant from approving and or installing any further gates which would block public roads until standards and regulations have been promulgated and adopted by Defendant following public hearings,
F. Immediately ordering the Defendant to conduct a car count on Old Mill Road prior to the completion of Stover Road , or with Stover Road blocked by the gate, to determine the actual use of Old Mill Road so it can be compared to the use of Stover Road when it is unobstructed,
G. Ordering the Defendant to conduct a car count on vehicles actually traversing Stover Road and Old Mill Road after Stover Road is completed and unobstructed with any barriers.
H. Ordering an independent traffic study from a source unaffiliated from the Defendant relative to the proposed gate on Stover Road,
I. Grant such other relief which would be appropriate to protect the health, safety and welfare of the public.