Lower Saucon Township votes to switch sides in landfill expansion fight

LOWER SAUCON TWP., Pa. – In a marathon eight-hour meeting Wednesday, rife with interruptions, allegations and insults, Lower Saucon Township Council voted to switch sides in a lawsuit regarding Bethlehem Landfill’s proposed expansion.

The action was read by Councilmember Victoria Opthof-Cordaro, who spoke in increasingly louder tones as Councilmember Tom Carroci, who attended by phone, fought to get his comments in.

The trend of speaking over each other continued throughout the meeting.

Opthof-Cordaro’s motion authorized the solicitor to not contest and to join in the actions filed against the landfill. Further, the motion authorized the solicitor to indicate that prior council was wrong in their earlier decisions and to take any action accordingly to use any other resources, such as special counsel, to further the township’s position.

Despite a plethora of insults, over-talking, insinuations, overall contentious behavior and chaos, the council eventually voted to approve the motion in a 3-2 vote. Councilmembers Thomas Carroci and Jason Banonis cast the “no” votes.

According to the lawsuit posted by Citizens for Responsible Development LST and filed April 16, eight Lower Saucon residents are listed as plaintiffs: Bruce Petrie, Ginger Petrie, Andrew G. Krasnansky and Tina-Louise Krasnansky, Robert Duane Blasko and Robert McKellin and Cynthia McKellin.

Lower Saucon Township, Bethlehem Landfill Company and IESI PA Bethlehem Landfill Corporation are listed as defendants, while St. Luke’s Hospital- Anderson Campus, Bethlehem Township and Delaware and Lehigh National Heritage Corridor, Inc. are listed as intervenors.

According to the document, the court denied all but one preliminary objection brought by the landfill to the complaint.

The objections calling for the suit’s dismissal were based on legal insufficiency, factual insufficiency, and lack of standing and/or capacity to sue, according to the document.

Maryann Garber, attorney for the landfill, objected to Opthof-Cordaro’s participation in decisions in respect to the landfill expansion due to her alleged conflict of interest.

“I agree,” commented Councilmember Jason Banonis.

Garber said a court ruling on the council member’s conflict of interest is currently pending.

Previously, Garber has said that the councilmember had a “clear conflict of interest in matters related to the expansion of the Bethlehem Landfill.”

At that time, Garber said the councilmember’s parents were in litigation against the landfill.

In a familiar refrain, Opthof-Cordaro refused to recuse herself.

“No, I have no conflict of interest. No, I will not recuse myself until or unless there is a court order telling me I must do so. There is no court order indicating that I have a conflict of interest,” Opthof-Cordaro said.

Expansion supporters say landfill fees support Lower Saucon’s budget, while opponents say the expansion will damage the environment and threaten the scenic beauty of the Lehigh River.

Banonis said the landfill is responsible for 35% of the township’s budget.

Wednesday’s motion would essentially raise taxes for township residents, he said.

With a new host agreement in place, the township could see $75 to $80 million over the next 18 to 20 years, Banonis said.

“It’s really terrible what you’re doing, you’re going to be raising taxes dramatically,” Banonis said.

According to Opthof-Cordaro, the crux of the issue is land conservation.

In 1994, the township placed 208 acres of wooded area in a conservation easement with the City of Bethlehem. The conservation easement meant that the land would “stay in its natural state for the benefit of the Lehigh and Delaware National Heritage Corridor,” Opthof-Cordaro explained.

In 2023, the township council voted to rescind that conservation easement to allow for the landfill’s proposed expansion. The township also voted to join in litigation against those who opposed the expansion.

“They were partners in crime, as I see it,” Opthof-Cordaro said, to which Carroci responded, “That’s defamatory.”

In 2023, after nearly two hours of public comment overwhelmingly against it and a further four-hour public hearing, the council passed a controversial rezoning plan by a 3-2 vote, paving the way for the Bethlehem Landfill Co. to propose land development that would expand its operations.

Several councilmembers argued they didn’t have to abide by those easements because there was no third party listed to enforce them. Despite people holding signs calling for him to resign, then-Council President Banonis said the expansion should go forward to keep the money from the landfill.

Departure of township manager

In other news, the council discussed the departure of Acting Township Manager Cathy Gorman.

Taking over for Gorman is John “Jay” Finnigan Jr., formerly of Hanover Township.

Gorman took the reins in April 2024 following Mark Hudson’s departure. In a twist, Hudson was hired to serve as township manager for Hanover Township at that time.

Finnigan will serve as acting township manager, acting secretary, and acting township planning/zoning administrator, according to council documents.

The agreement’s term is four months and compensation is listed as $145 per hour with an increase to $225 for attending council meetings from midnight to 5:59 a.m.

Formerly retired, Finnigan comes to the position with 22 years of service in Hanover Township.

Gorman has accepted a manager position with another township.

In her time with Lower Saucon Township, Gorman served as acting manager, assistant manager and finance director. Gorman started as finance director in 2006 and was appointed assistant township manager in 2022. She has served as acting township manager since April 2024.

“(Gorman’s) departure leaves a significant void in the township,” said Opthof-Cordaro.

Banonis expressed dismay at losing the township’s “last semblance of historical and institutional knowledge we have here,” Banonis said.

Banonis went on to congratulate Opthof-Cordaro and Priscilla deLeon for “fully dismantling any inkling of credibility and decency this township had.”

For his part, Carroci reminded council he tried numerous times to have Gorman added permanently to township staff, but each time his motion was voted down.

Gorman addressed rumors of mistreatment.

As for Council President Laura Ray, Opthof-Cordaro and deLeon, Gorman said, “The ladies have not done anything above and beyond what I would expect them to do.”

Similarly, Gorman said she has not been called and harassed daily by Carroci and Banonis as had been alleged.

“I hope that allays some of the rumors and accusations,” Gorman said.

Council also approved a $8,413.12 payout for 112 hours of Gorman’s unused paid time off allocation.

Council salaries

The township manager’s discussion continued to a public hearing establishing compensation of township councilmembers.

According to township solicitor Steven Goudsouzian, the action that increases council compensation would not pertain to the councilmembers currently serving their term. Goudsouzian said the council’s compensation changed to reflect Pennsylvania guidance related to maximum compensation based on population. For a municipality with a population ranging from 10,000 to 14,999, the rate would be $5,450, according to council documents.

According to Ray, compensation has not been changed since 1995. The adjustment reflects a 67% increase in the board’s current compensation, Ray said.

Banonis proposed presenting the issue via referendum to township voters, a suggestion with which Carroci agreed.

“I think it makes sense to let the voters decide why you should vote for something that is in your self-interest?” Banonis said.

“Total self-dealing,” he said.

“I’m not lining my pockets,” countered deLeon.

Public comment echoed Carroci’s sentiments.

“You shouldn’t be voting on this, bottom line,” said Resident David Boulin.

“You probably shouldn’t vote on a raise, even if it’s not for you,” added Resident Ann Marie Slavick.

Councilmember Carroci made a motion that was seconded by Banonis whereby council should not receive any compensation until a township manager is hired.

The pay increase was approved in a 3-2 vote.