Resident asks for help with crowing roosters
The Upper Milford Township meeting began with a request from Jim Krippe asking the board to have the agenda placed on the township web page on a more timely basis.
Secretary/Treasurer Jessi O’Donald said there have been errors occurring with the updates being made to the agendas. She noted there is a company looking at the errors hoping they can be corrected. O’Donald said she makes sure all the updates are included in the agendas and they are made available before the meeting times.
Also in public comment, resident Don Maxwell appealed to the board for help with a situation with a neighbor. Maxwell said he moved into his home in 2016 and lived quietly until a new neighbor moved in December of 2022 onto Columbus Drive. Columbus Drive is a back road on the mountain just off South Fifth Street in Emmaus. He said if you roll down your car window, the quiet and stillness allows for one to appreciate the quiet sounds of birds chirping and the soft sounds of deer moving about.
These are sounds Maxwell appreciated until mid-2023 as he learned his new neighbor began raising chickens. Maxwell’s days for the past two years involve being awakened at 4 a.m. to roosters crowing. Maxwell said he approached the neighbor to find a way to quiet the roosters. By December 2023, he filed a noise complaint but was informed “There is nothing the township could do.”
Maxwell provided information regarding zoning amendments and questioned parts which have been changed and even omitted. For example, one change Maxwell noted was a resident who previously was permitted to have 25 chickens per lot could now have 25 per acre, allowing this particular neighbor to have 222 roosters if he chooses.
In 2024, Maxwell had 24 arborvitae trees planted to provide somewhat of a barrier to the noise; however, the deer destroyed the trees before they could grow.
This past spring, Maxwell reached out to his neighbor again pleading with him to soundproof the roosters. Visibly upset, Maxwell said he cannot even enjoy his own home. Nobody wants to come to his house because they cannot hold conversations outside because the roosters crow all day long. “They crow all day long, he said. “Why am I being asked to live with this? I will have to sell my house. What can I do?”
Chair Dan Mohr said they have heard similar issues with a local gun range. “If noise is intermittent, it doesn’t count,” Mohr said. He told Maxwell he will need to measure the decibels. Mohr said people want to raise chickens for eggs but they do not realize not all chickens become hens, and some grow into roosters. Maxwell told the board his neighbor informed him he is breeding roosters and is even considering adding donkeys to his property.
Planning Coordinator Brian Miller noted the ordinance was “unenforceable the way it was.” He added “we need to look at this. The old ordinance did not specify the size of property.” Solicitor Marc Fisher commented Maxwell could have a private right to action.
Manager Bud Carter said he will look into this situation.
After the minutes and bills were approved to be paid, Fisher reported this was the public hearing for properties to be added to the Upper Milford Agricultural Security Area. Fisher said the properties at 7542, 7571 and 7602 Saint Peter’s Road were reviewed and recommended to be included in the Township Security Area. The board approved this in Resolution 2025-026.
In old business, the discussion continued on filling a vacancy in the public works department following the retirement of Brent Fegley. Supervisor John Zgura gave Carter permission to advertise for a full-time or part-time position, but there would only be one hire. Carter said advertising the position as full-time or part-time will limit the target audience. Carter preferred waiting until the board decides whether the position will be full time or part time, and then to advertise as such. Zgura said he “has a lot of ideas to sub-out work.”
Supervisor Angela Ashbrook added the purchase of the new truck was to provide more efficiency in the work. Carter reminded the board more roads are being dedicated in the township and the incoming public works director “Jared (Bailey) feels a full-time worker is necessary.” Ashbrook wanted to wait to see what is needed.
Mohr reminded the board public works is “not just snow plowing. It involves much more in the township. We finally got the seventh guy and now we are not for it? I feel like we are going backward.”
Mohr made a motion to advertise for a full-time public works vacancy but received no support from Zgura or Ashbrook. The motion died and could be revisited in a future meeting. Resident Frank Kuklis told the board they need to “strike a balance.” He told them that on one hand there are purchases of new equipment and on the other “we can’t spend money for stuff we aren’t going to use.”
In new business, the board approved Resolution 2025-028 which updated the administrative fee schedule to include small wireless communications. These are miniature cell towers, no higher than 80 feet and are attached to a pole. Carter said they are meant for a targeted area. Miller added “they are all over Emmaus already.”
The board also approved a temporary account be established at New Tripoli Bank for the DCED Grant. O’Donald said the township can only accrue $500 interest on the grant money. This temporary account will be used for down payments on the truck.
Third, the board approved Lee Marks be appointed to the open space committee with a term to expire Jan. 5, 2026. Marks’ experience living in the township and his interest in open space makes him a valuable resource, according to Carter.
Fourth, the board approved the agreement for the Citizens’ Fire Company pumper tanker. The fire department signed and agreed to it as well.
Finally, the board approved Resolution 2025-027 providing workers’ compensation for volunteer firefighters. Resident Phil Casey questioned the premium involved.
O’Donald said the premium for 2025 is $53,000 and covers all township employees and firefighters. She noted it is a state mandate to include volunteer firefighters in this agreement.
The premium amount is based on the number of township residents. Casey asked, “If a firefighter is injured, does it increase the premium?” O’Donald affirmed “it is a state mandate. We have to cover them.”
Resident Colt Hershinger inquired if the premium would decrease if there were only one fire department instead of two. O’Donald repeated the premium “is based on population.” Resident Jim Krippe asked who regulates the injuries. O’Donald noted the fire chief is responsible for reviewing any paperwork involved in workmens’ compensation for firefighters.
Regarding subdivisions, Carter shared a letter from township engineer Jeffrey Ott stating the inspection for the Alan Street Signal Project was completed and approved.
The board approved to release $24,141.58 to Kay Builders in Release No. 3. Also, President of Kay Builders Rick Koze requested a time extension for the Fields at Indian Creek Phase 1 until March 28, 2026.
According to the representative for Kay Builders, Phases 2-6 are expected to be completed by November. Zgura inquired if there is a completion date for the entire project. The representative did not have a date for the final completion but shared Koze will be asking for additional extensions in other phases. No one from the Fields at Indian Creek was present in the audience. The board approved the extension through March 28, 2026.
In the manager’s report, Carter said the work scheduled for Lenape Park will begin in two weeks due to the contractor needing to reschedule.
In the supervisor’s report, Zgura requested the agenda for the meetings be made available by 4 p.m. Tuesdays so the public has time to review before meetings. O’Donald said there are folders the supervisors can look into to help them prepare for the meetings.
Lastly, Casey asked about a speeding monitor purchased a few years ago and if it is being used on a regular basis. Carter said it is “used as needed.”
Casey requested it be placed at Main Road East. Miller added the township has been discussing putting it at that specific location before this meeting.
The next meeting will take place 7 p.m. May 15 in the township building.