Frustration with Kay Builders continues
Chair of The Upper Milford Township Supervisors, Dan Mohr, opened the July 17 meeting by noting an executive session was held 6:30 p.m. to discuss legal matters.
This meeting was standing room only with residents present from the Kay Builders communities of Fields at Indian Creek and Jasper Ridge.
Resident Lauren Haponski opened with public comment regarding the intersection of Chestnut Street and Mill Road. Haponski said she and her husband were trying to make a left on Chestnut Street into Herbein’s Garden parking lot when a car came down the hill so fast it almost hit them. New to the area, Haponski learned numerous accidents have occurred at the intersection. She inquired about the process for safety concerns.
Manager Bud Carter said the Pennsylvania Department of Transportation is beginning $7 million in improvements to this and similar intersections. They will be raising grades and adding turning lanes starting this winter, Carter said.
Haponski also said residents of Benjamin Court are interested in having a campout in the neighborhood as a social activity at Arrowhead Park and inquired about how to get permission for this. Carter responded the park ordinance states no one is permitted in the park after dark and no campfires are allowed. The ordinance would need to be amended or an exception would need to be made. Supervisor Angela Ashbrook recalled a group doing something similar at Jasper Park. Carter encouraged Haponski to write a letter of request to the board where the board can discuss this issue.
Haponski also alerted the board to a fire hydrant appearing to be out of commission at Jasper Park. Carter said he will check with the Lehigh County Authority and look into this concern.
Dave Skinner, president of the Homeowners’ Association for the Fields at Indian Creek, said while he appreciates some of the changes being made in FIC, the concerns for the sidewalks and curbing continue. He said the vice president of Kay Builders lives in this development. Carter said he will speak to the township engineer and look into this.
Skinner thanked the board of supervisors for all they have done and continue to do to help the residents at FIC.
Jim Krippe spoke next regarding issues with his driveway as well as cracks in his neighbor’s driveway since the previous inspection. Krippe said Rose Drive is deteriorating. Carter noted he is arranging a meeting regarding Krippe’s concerns.
Solicitor Marc Fisher led the public hearing for Joe’s Kwik Mart, LLC. This Exxon-branded store is interested in an intermunicipal liquor transfer to the store at 4002 Chestnut St., Emmaus. The mart would like to add the sale of beer at this location. An opening statement was made by Attorney Matthew Ford and questions were posed to Stanley Barth, regional manager for Kwik Mart.
Barth explained Kwik Mart sells food and gasoline and they maintain many stores in Pennsylvania. Other locations have PLCB licenses and they have had no issues or violations. The store is interested in only selling beer. He further explained workers are trained and “ramped certified” with online courses. An ID system is integrated into the register system. If beer is purchased, then it is mandatory to scan an ID license.
Barth said his company complies with the Pennsylvania Liquor Control Board – “100% and employees are fired if they do not card.” Barth also said while customers can consume beer at the location, it is limited to one drink on the premises. He noted customers do not drink at the convenience store. He said, “most people stop in to pick up beer for weekend events or grab a 6-pack to take home. They are not hanging out at the store drinking.”
Ford emphasized Kwik Mart takes this license seriously. Ashbrook asked if this was similar to the model used by Wawa and Ford said it is. Ford also acknowledged the township currently has three active licenses.
The PLCB ultimately has the final decision to approve the license; however, the township has to approve this request before it can proceed to the PLCB. There were no public comments made and Fisher closed the public hearing.
The board approved Resolution 2025-031 and Ordinance No. 174 which is the debit for the state-mandated emergency radios.
This meeting stretched a little over two hours due to the lengthy discussions regarding Rick Koze of Kay Builders’ requests for further extensions in FIC and Jasper Ridge. Koze requested extensions through Aug. 7, 2026.
Carter said “they (Kay Builders) have started repairs.” Ashbrook questioned the charts provided by Kay Builders and described them as inaccurate. Attorney Frank D’Amore, representing Koze, said “I want this done. I’m hoping to get this done. He (Koze) wants his letter of credit released. This is not good for him either.”
Both Carter and Fisher said no funds are released until the township engineer reviews the finished work and then informs the board. The board then would release the funds. Carter added funds could be released earlier for curbs and sidewalks, but a certain percentage is retained.
Ashbrook asked about the streets and landscaping at FIC. Skinner said, “Not done yet.” Ashbrook asked why the timeline could not just be pushed back? D’Amore said, “I wish Brett (manages construction for Kay Builders) were here. He asked for an August 2026 extension and hopes to be done by November/December 2025.” Ashbrook noted “this keeps going on and on. In November, he’ll (Koze) ask for more. We will be here for the next development asking for more extensions.”
Carter refocused the discussion to the extension request at FIC Phase 3. Fisher reminded the board they needed to act at this meeting on this extension request. Supervisor John Zgura said “This is the final extension. (Phase 3) needs to be finished by November. I want to give him until November. That’s it.”
The board approved to grant the extension to Nov. 7 and noted this will be the last extension granted for Phase 3. Skinner asked the board to get a plan because he doubted Kay Builders will complete the work in 90 days.
D’Amore said he will inform Koze this is the last extension for Phase 3 and the township would like for Koze or someone with knowledge of construction to answer questions.
After the lengthy discussion of Phase 3 extension request, the extension request for Phases 4 and 5 at FIC was brought to the table. The board approved an extension through Nov. 7 for Phase 4 for FIC and noted this is the final extension for Phase 4. Zgura recommended tabling the extension request for Phase 5 to determine what Koze has accomplished by the November date. The board and FIC HOA agreed to share updates with one another regarding the progress at FIC.
Next on the agenda was Koze’s extension request for the Fields at Jasper Ridge through Aug. 7, 2026. Zgura suggested giving Koze until October to finish the roads, but was concerned about the pipe irrigation system.
Kyle Walbert, sitting in for Secretary/Treasurer Jessi O’Donald, shared photos from the Jasper Ridge community depicting open sidewalks from April and debris/garbage left behind in the parking lot preventing residents from using it.
The board approved an extension through Nov. 7 for anything except the irrigation system and noted this is the final extension for Jasper Ridge. The board noted an extension might be necessary for the irrigation system.
In new business, the board approved the sale of the 1996 backhoe for $18,400 to Stephen Bullick of Schuylkill Haven. The board also approved Resolution 2025-032 after Fisher shared he corrected the language suggestions and revised the complaint and enforcement policy.
The next meeting will take place 7 p.m. Aug. 7 in the township building, 5671 Chestnut St.