Almost as an afterthought, city council approved Bethlehem’s $73.85 million budget for 2016 at the meeting Dec. 15. It was not the subject that packed the rotunda that night. Residents and business owners spoke for more than two hours during the public comment portion of the meeting, urging council members not to approve the proposed rezoning of the Martin Tower site.

Council members approved the rezoning as amended by a 6-1 vote, with council member Cathy Reuscher the lone nay vote. “Well, we tried,” one resident said as she and the rest of the audience dispersed.

Earlier in the meeting, Mayor Robert Donchez spoke about the recent charges against his administration regarding how the zoning change was drafted.

He said recent public comments and press coverage “call for some direct and blunt replies.” He said efforts of the previous administration and state assistance failed to encourage developers Lewis Ronca and Norton Herrick to get the site developed. “When my administration took office, the problem arrived on my desk with no solution in sight. Even the CRIZ (City Revitalization and Improvement Zone) award failed to spark activity. I considered it my responsibility to find out from the developer if there was something we could do to encourage development,” Donchez said.

He also said, “Whether these developers, Mr. Ronca and Mr. Herrick, gave political contributions or not, whether they are the right developers for this site or not, they were not selected by me, and most certainly not for political favor.”

Donchez said, “The developers are people we have to talk to if we are to get something done.”

Residents and business owners also voiced their concerns with the rezoning.

Resident Barbara Diamond said, “We have a legitimate interest in what their plan is. We just wanted to know what is the plan for that property. I am not convinced that the plan will result in the best development for that property,” she said.

Steve Diamond asked council to table the vote. “Wait until next year when there is a new council,” he said. He also suggested holding a referendum on the issue to get a better view of public opinion.

Resident Dave Sanders said, “I’m asking you to do the right thing tonight.” He said many people’s fears regarding the rezoning will not come true. “Bethlehem is going to stay there with or without this. The right decision is to change the zoning,” he said. He said using the state CRIZ funds means “my tax dollars are staying in the city.”

Krisann Albanese, a resident and business owner, said she would like to see the site developed, but under the previous zoning. “Keep it as it is,” she said.

Bruce Haines, owner of Hotel Bethlehem, said “This developer doesn’t need to gain the windfall profit” and that using the CRIZ funds to subsidize development on the site is abuse of the CRIZ.

Resident and business owner Rod Holt said the issue has galvanized the business community. “We have resolved to watch,” he said.

Dyanne Holt, a member of the Business Advisory Committee, said, “We don’t fear competition. What we do fear is unfair competition.”

Resident Peter Crownfield said the mayor’s “pledge of transparency has not been achieved” and that Donchez “grossly understates the extent of the developer’s involvement.”

Jim Fiorentino said he first heard about the rezoning in June when the matter came before the Planning Commission, which he chairs. “I was told the developer’s involvement was no more than normal,” he said. Fiorentino told council members, “I believe you were misled.” He said he was struck by the specificity of the ordinance, which he said was more than usual. “This calls for a do-over so we can all start at the same time,” he said.”

Resident Dana Grubb said the ordinance should be tabled until neighborhood meetings can be held with the developers present to hear residents’ concerns.

Jeff Fegley, owner of the Bethlehem Brew Works, said to council members, “What is proposed before you is tainted. There was no transparency.”

One woman questioned the need for more retail space, while Bill Scheier compared the CRIZ funds to bailing out the developer. Comparing it with large banks during the financial crisis, he said, “This property is too big to fail.” He said the developer should be told what the city wants to do and not the other way around.

Before voting, Reuscher said to residents, “I do take everything you say into consideration. Nobody wants to see anything happen to storefronts on Main Street.” She said the ordinance has the unintended risk of creating sprawl and would have negative effects. Although this is the last council meeting in her term, Reuscher said, she would be willing to work with council in the future.

Council member Eric Evans, who had crafted amendments to the rezoning to limit the amount of retail on the site, said he does have concerns about the rezoning. He asked solicitor Jack Spirk to explain why the developer’s involvement in the rezoning proposal does not constitute illegal contract zoning.

Spirk said if a governing body asks for promises from a developer in exchange for certain zoning changes, courts will not enforce if the developer reneges on those promises. While it would be improper for council as the legislative body to have discussions with the developer, it was acceptable for the administration to do so, since it is not able to effect the zoning but must bring the matter before council. “You can’t contract zone if you can’t zone,” he said.

Evans asked Spirk if there was anything that concerned him in the recently released right to know information. Spirk said he saw nothing wrong.

Council member Michael Recchiuti said, “The city is not immune to financial issues. We have to be proactive with zones.” He said the rezoning is not about the CRIZ. “We don’t control that,” he said.

Many residents had asked to see an actual plan from the developer before the zoning is approved. “We can’t demand a plan,” Recchiuti said. “We can create an environment where development can occur.”

Responding to concerns that development on the site would create traffic issues, he said traffic would be addressed during the planning process. Any plan proposed by the developer would have to go back before the Planning Commission. “This is not the end of the process. It’s the beginning,” he said.

Recchiuti said, “The concerns are heavy on me,” but he said he considered the needs of all the residents when deciding his vote.

Council member Bryan Callahan said, “We all try to look at it as the city as a whole.” He said the amendments make “a more restrictive plan. That’s what’s before us.” Callahan told Donchez, “You’re going to be congratulated for getting something done.”

Council member Louis Stellato said, “It’s time to move on.”

Council member Adam Waldron said, “I think everything was aboveboard.” However, he said, it would have been better to bring the public into the process earlier. “This is a difficult decision,” he said. “I don’t think this is the best plan.”

Council President J. William Reynolds said, “I don’t think anything that was done was wrong.” He said there are many different views on the rezoning and council must consider all. “The job is to balance those individual self interests and do what is best for the city.”