The Upper Milford Township meeting May 15 opened with public comment from David Skinner, president of the Homeowner’s Association for the Fields at Indian Creek. Skinner spoke before a standing-room only crowd to address ongoing issues regarding Kay Builders.

The Fields at Indian Creek is part of Upper Milford Township as well as Emmaus Borough. Skinner noted “serious safety issues” and shared the HOA is involved in litigation with Kay Builders. He requested a formal letter from the township be sent to Rick Koze, president of Kay Builders, regarding the necessary repairs.

Skinner also requested the township sign off when the repairs are completed. Skinner appealed to the supervisors for “guidance in keeping residents safe.”

Skinner said residents have been dealing with these issues for the past four to five years even though the areas had been inspected by Key Code.

Supervisors Chair Dan Mohr said this is “unacceptable.”

Solicitor Marc Fisher said “we will take this (the letter request) under advisement.”

Following Skinner’s appeal, Luis Rene Rosa from Jasper Ridge community addressed the board. Rosa spoke on behalf of himself as well as his neighbors who are frustrated with the delays from Kay Builders.

According to Rosa, the last home in Jasper Ridge was sold in April 2023, yet the development remains incomplete. “These extensions need to stop,” Rosa stated. He added, “Roads are neglected in snow events. Kay fails to pretreat roads. This is a quality of life and safety issue. This is less about development and more about accountability. Deny (the extensions). We are opposed to indefinite development.” Rosa finished to a round of applause from the 50+ residents in the audience. There were also a number of residents who participated via Zoom.

Resident Jim Krippe expressed concern for a six-inch drop in his driveway that could create other issues if he elevates the driveway by six inches. Manager Bud Carter said he and the township engineer will take a look at the issue.

After the first hour of discussion regarding Kay Builders and issues at FIC and Jasper Ridge, Chris McLean, lawyer for Kay Builders, approached the board for additional extensions. Residents questioned why there are extensions for other phases when roads and sidewalks are not completed in earlier phases. McLean said he did not have that information. Skinner said “we have not heard from Kay about when things will get fixed.” He said “a walking bridge from 2021 is still not done, 40 driveways are not done. Like Jasper Ridge, no more extensions until work is being done.”

Skinner respectfully asked the board not to approve any more extensions. Fisher reminded the board at the May 1 meeting, they approved extensions through 2028. A resident asked why Koze is dragging this (completing the projects) out.

Skinner told McLean he is open to sitting down with Koze and Fisher told him he would need to work that out between themselves. Additional residents pleaded with the board to stop giving extensions and force Kay Builders to do the work.

Supervisor Angela Ashbrook inquired, “Why can’t this be done before Aug. 7?” McLean responded, “I don’t know specifically. My client has his crews at other areas.” To this, the audience responded together, “Exactly!” Residents began calling out that Koze is “overextending and that (he needs) to finish one thing before he starts another.”

Carter clarified that in FIC, the HOA owns the roads and that these are private. Jasper Ridge, though, will be township roads. Mohr was concerned that if the roads are not done correctly, they will need to be redone. Carter supported by saying, “This is why we do not want to rush this.”

Resident William Bedics said the frustration is not with McLean. “Our frustration is with roads and sidewalks not being done. Residents are in their 70s and 80s and are falling because of incomplete roads and sidewalks.” Another member in the audience who did not live in FIC shared a similar experience in which after 20+ years, “the developer has all but walked away. If you do not allow the extensions, the developer could go belly up. I’ve seen it. Be careful of potential results.”

Resident Hillary Yosopovici of Mink Road told the board, “If we do not push to get the development completed, we won’t get it completed. Three different colors of sidewalks? We deserve better. Mr. ‘K’ (Rick Koze) needs to honor his initial promises to the people who bought his houses. I was excited to move here and now ...”

Ginger Coleman, also of Mink Road, asked if the township could stop further developments by this builder. Mohr told her each one is its own LLC and are different corporations. Fisher added “they are all different projects and are treated individually.”

Lauren Haponski of Jasper Ridge noted she has seen the board provide tighter restrictions, timelines and try to hold (Kay Builders) more accountable. She was concerned she sees “workers come around for an hour of work and then they are gone. After the last house sold, they took off for somewhere else.”

Haponski asked the board to “limit it, get Koze to sit with the HOA and have workers work through an 8-hour day.”

She said a letter was sent to residents last week with a timeline of the work to be done. She thought the work might actually be completed only to find out that “the extensions are pushing it off again.”

Resident Slyvie Matteo compared Koze’s behavior to “a teen who wants to go to a concert and the township needs to be the parent and say that you get no money for the concert until your room is cleaned, etc.”

Supervisor John Zgura intervened and said “the state is like Grandma who gives him the money.” Skinner said FIC is being used to sell Twin Run and Kay Builders is being fined every month because FIC is being used to sell other developments.

Vice President of FIC HOA John DeVeau said “the multiple extensions equals frustration. We want things done right. They need a project timeline.”

Ashbrook shared a chart the board of supervisors was given. Mohr said a detailed report is provided when they want a release of money. Skinner questioned why the information the board is receiving is not shared with the HOA. The audience asked the board to fine Koze. Fisher said the board could raise the amount for future projects. Haponski shared “this is a topic that could be discussed all night and (Koze’s) lawyer does not have the answers. People aren’t talking to the people who matter -the people at FIC.”

In returning to the issue of the extension requests through Aug. 7, 2026, Ashbrook proposed an extension date of Sept. 15. Zgura proposed and approved to table both requests until Koze will meet with the board of supervisors. A resident asked, “What if Koze doesn’t show?” Mohr commented “we will deal with that when it happens.”

Resident James Livezey of Stole Road asked what happens if Koze defaults?

Mohr explained to the audience the board has never had to deal with this before. Previously, the developments were smaller and completed faster. “Apparently he (Koze) does not need the money,” he said. Mohr said the board never needed timelines from developers before and now they do. We do not want him (Koze) to just leave it. Trying to work with him to get it done, and done right.” Matteo pressed, “Hold them accountable. We’ve been too lenient. We are done. This room is telling you this. We are tired.” A resident inquired if the (township) office will let them know when Koze comes to meet with the board.

After a letter from township engineer Jeffrey Ott was shared, the board approved the release of credit No. 3 for the Fields at Twin Run in the amount of $275,792.72.

The next meeting will be 7 p.m. June 5 in the township building.