(5th in a series of posts on 306 S. New St.)
Fault-finding.
The blame game.
Who’s at fault here? Who’s to blame?
The Zesters? or the City?
As Prez Waldron said, “Somewhere along the way, somebody dropped the ball.”
Who? the City?
- The city official threw herself on her sword. She appreciated suggestions by CW Van Wirt and CM Colon that there was shared blame. But she did not duck. She accepted accountability. The “mistake is on us.” She felt a “sense of responsibility.” It was a “highly unusual situation.” A half-dozen people missed it. The closest she came to an excuse was the quantity of work — 2500 or so such files to go through. Seems no doubt the city did mess up.
- The city official pledged to review the process with the goal of improving it. I think Council is owed a detailed report on her evaluation and changes that have been instituted to prevent such a thing from happening again. And a public report – public perception of city fairness was wounded here and needs to be repaired. We need to be assured that concrete steps have been taken to avoid this kind of thing happening again.
Who? the developer?
- At the very beginning of the meeting, the HCC chair, quoting minutes from the Nov. 19 HCC meeting, says that the approval of the 6th floor was “predicated” on the set-back. Predicated. No weak word. Meaning the foundation, the basis. The developer will go on to make light of the HCC stipulation, when, in fact, it is the essence of the HCC decision.
- The developer makes it sound as if this is the first time he’s hearing of the HCC stipulation and that he must depend on the HCC chair’s explanation to understand it. He talks of reading the correspondence from HCC to whomever. As if he/his company were never directly notified of the HCC ruling and got a copy of it. And when he understands the stipulation through the HCC chair’s explanation, he doesn’t understand it. He questions HCC thinking. But could he not have been aware of this from the beginning? I was barely paying attention to city matters in 2015 and 2016, but even I knew the height of the building was a problem just from the newspaper coverage.
- There were 4-5 meetings with the HCC apparently prior to approval in which the compromises and negotiations for final approval were worked out. Was the developer there at those meetings? Who was at those meetings? I won’t know unless minutes can be obtained. But even if he wasn’t, he’s the boss, and it’s hard to believe he didn’t receive a detailed report of everything, especially since changes had to be made to gain approval. So it’s very, very hard to accept his feigning ignorance, and it is not his place at this moment to question that original judgment of the HCC.
- And the developer passes the buck to his leasing/management agent. Why weren’t all relevant details transmitted to his agent? Does Council have something like subpoena power? I’d like to have served one on the agent and heard his “sworn” story. Why wasn’t he at the meeting with Council to answer questions? But, in any event, the boss can’t pass the buck. If your “agent” made a mistake, you made a mistake.
- It’s also hard to believe that somewhere, sometime the restaurateur didn’t talk to the developer about what would be a highlight of his business – that dining area with a fabulous view. It may just be “the” special place in the room. It had to come up.
- So it seemed to me that the developer was playing Council. And I would like him to pay a price of some sort. To be held accountable. If only it is a kind of public reprimand that he should have known better, which, actually, Prez Waldron came close to giving him when answering his “we didn’t know” about the stipulation with HCC’s belief that he should have known. He should have known.


a vacant lot, as if that’s all the choice we have. . . . The rules in Bethlehem have become muddy. We give $800,000 grants to developers inappropriately. We let developers build an illegal terrace when they knew exactly what was allowed. We gave them 11 variances on the Armory project with no safeguards that the Armory would ever be protected and built. . . . So on this road where one or two developers get to blow out the red lights, we are in control, not the developers, and good community developers, people who want to invest in our city, stay away because the rules are ever changing, because the rules favor a few investors — be they developers, businesses, or home buyers, they want to know that the rules are clear, applied equally, and that their investment will be safe from changing rules. This Council and the administration has created an environment in which investors stay away due to exactly the thing we are talking about tonight, breaking the rules for a connected guy with the Benner terrace vote or the 2 W. Market vote. . . . This is our limited, parochial, swampy future we are creating here by eviscerating the rules that keep us on the road. We don’t have to accept just what the developers hand us; we can build our tax base by giving them straight rules to follow.
from him, nor would I, especially after this. But I’m making this decision based on what I see. . . . Nothing shady’s happened, there’s not this pay-to-play scheme that everybody’s trying to present. . . . There are some developers in the city. We are very fortunate that we have about six of them. I know Mr. Pektor, Mr. Ronca, Mr. Benner, Mr. Petrucci, Mr. Perucci – they’re two different people — and another developer with a property on Center and Dewberry [Atiyeh]. We don’t rubber-stamp like some people assume we do. Or accuse us of doing. We try to look at every single development on its own merits. And to accuse us of being in the pockets, or this was illegal. . . . We’ve tried to do our best with Mr. Rij’s property. . . . I think it’s a shame that developers are being attacked, Council people are being attacked, we’re on the take, there’s pay-to-play going on. . . . Stop it. It’s nonsense.
to the image Antalics raised, recounting the sad feeling she felt driving with her daughters through the neighborhood from Hayes St. toward Five Points.
Southside. He sees such criticism almost as a personal affront. You can see here how developers and development money are wrapped up in his bruised feelings. Use the link at the top or bottom of this page to listen to the full second comment on December 18, for you should hear his urgency in his own voice. But here is a selection focusing on his Southside feelings.
was “unconscionable.” Tough talk by ol’ Gadfly.
thought was collegial culminated in a “threat” regarding the future fate of the property if the petition was denied by this man canonized by his supporters on and off Council and the kind of behavior explicitly denied several times by his character witnesses. One would think this rather dramatic revelation might give people who praised Mr. Rij some pause. It certainly did so for Gadfly.
was clearer, stronger, and added a new element. Certainly there was re-thinking here. He enumerated his supporting evidence, and he offered a way to look at the disputed property lists in a positive way. His yes vote was more strongly based this time.
– in effect, putting himself above the law. But CM Callahan didn’t seem to understand or think about that challenge to his position and the dangers therein. He stood pat. He was content with his stated first-reading position as extra-legal authority and did not even restate it vigorously this time. In truth, the thrust of his comment on second reading was what he was upset by and offended by in the process by those who saw the issue differently – and we’ll come back to that in a later post when we pick up his second comment.
and reading in the records of discussions on the new zoning ordinance in 2012. Gadfly is a sucker for a guy who does his homework. In doing so, CM Reynolds advanced a new argument for his yes vote that made Gadfly stop and think. CM Reynolds gave “corners” a history in city zoning conversations and reminded us how distinct corners are, how positive corners are, how interesting corners are, how character-forming corners are. And on that basis he argued for flexibility in the zoning code. Gadfly might not have changed his vote on the basis of CM Reynolds’s rationale, but he was hooked. Well done.






