Whitehall Township Board of Commissioners have agreed to restore Attorney Kevin Fogerty as its conflict counsel. Fogerty will receive $120 per hour for his services.

Fogerty's rate is much lower than the $250 an hour rate proposed for Attorney Donald Lipson at the Jan. 6 reorganizational meeting. Board members indicated Lipson's fee was excessive.

Commissioner Gerard Palagonia, at the recent workshop meeting, requested the conflict attorney appointment be postponed to allow him an opportunity to contact Lipson and determine if he would be interested in the appointment as conflict counsel at the $120 hour rate.

In making the motion to name Fogerty to the position, Palagonia said his conversation with Fogerty indicated Fogerty "would be happy to accept the appointment."

The commissioners voted 5-0 to appoint Fogerty as conflict attorney. Fogerty had not filled the position for several years.

"I called him. He wanted to do it," Palagonia said of Fogerty agreeing to accept the appointment. Palogonia added Fogerty said he would be glad to accept the position.

"They [lawyers] are on the same page. It's fair," Palagonia said regarding hourly rates.

Board President Linda Snyder at the Jan. 6 commissioners reorganizational meeting expressed disapproval for the appointment.

"I don't understand it. It's like a slap in the face," she said, referring to longtime township solicitor Charles Fonzone's hourly rate.

Up until January, Fonzone was paid $125 an hour.

The board's vote appointed Gross McGinley, LLP, which Fonzone joined earlier after closing his private law practice. The appointment representation specifically named Fonzone as its attorney.

The board also voted for a $120 an hour rate for its various legal appointments.

Attorney Jeffrey Matzkin's rate, who previously received $75 per hour as counsel for the township's zoning hearing board of adjustment, was increased to $120 an hour.

Matzkin attends zoning board meetings and provides legal written opinions on the board's actions when appeals are filed with Lehigh County Court of Common Pleas by an appellant.