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LEHIGH VALLEY WEATHER

Residents debate open comment period during meeting

The Upper Milford Township Board of Supervisors held an executive session before the regular meeting Feb. 5 to discuss a personnel matter.

In public comment, resident James Krippe said the corner of Mill Road and state Route 100 has snow piled so high cars have to pull out into the street to make the turn. He described it as an “unsafe condition.”

Resident Frank Kuklics also asked about township ordinances and addressed industrial land. “Are we prepared for this?” Kuklics asked.

Planning Coordinator Brian Miller explained the township is covered by water and sewage requirements. Kuklics encouraged the board to “speak with other municipalities to find out what the township could be missing before it is too late.”

After public comment, the board approved meeting minutes and the payment of bills.

In old business, supervisors approved Melanie Carwell be appointed as deputy tax collector. Supervisor Dan Mohr abstained from the vote.

In new business, supervisors approved Resolution 2026-021 which involves the dedication of Brookshire Drive, Bexley Court, Mount Vernon Drive, Granville Road and Stein Road (existing road with additional row added). These roads are all part of the Brookshire subdivision.

The board of supervisors addressed the issue of public comment during the meetings.

Chair Supervisor Angela Ashbrook requested public comments relating to subdivisions wait until the subdivision portion of the agenda is addressed rather than allowing it to be heard during opening public comment.

Solicitor Marc Fisher said the board of supervisors has to allow for public comment before action being taken; but explained “the board does not need to entertain public comment after each item of action” and the board has the “discretion to decide when the public comment is heard.”

Fisher further noted public comment is the “opportunity to voice their concerns.”

Ashbrook was concerned the board had been permitting public comment at the beginning of the meeting, at the end of the meeting and during discussions.

Fisher emphasized “legally, you have to provide public comment.” However, the debate emerged over the timing of the comments.

Township Manager Bud Carter clarified public comment is allowed at the beginning of the meeting and the board is requesting if the comments have to do with a subdivision item the speaker wait until the subdivision item on the agenda is addressed by the board supervisors. This issue originated from numerous residents attending meetings to speak out about issues in their subdivisions.

Fisher “strongly recommended” public comment only be permitted at the beginning of the meeting; however, explained to the board it is “your call if you want to allow it again during the discussion.”

The solicitor’s remarks did not sit well with resident Cole Hershinger. “The people I voted for are up there. I should be able to comment,” he said. “I went to a lawyer once and I will go again. He (Fisher) is not right.”

Fisher reiterated public comment is permitted at the beginning of the meeting and stated he would not “debate this with you (Hershinger).”

Hershinger told him, “I will call you out every time.”

Upper Milford Township, like many townships in Pennsylvania, provides opportunities for public comment during the board of supervisors meetings.

While public comment is generally open for specific agenda items, a “courtesy of the floor” period usually allows for discussion of items not on the agenda. The board could set reasonable time limitations on speakers to ensure meetings are efficient.

Based on standard practices in Pennsylvania townships, Upper Milford Township generally provides opportunities for public comment during board of supervisors meetings. Attendees are typically allowed to speak on agenda items and during a dedicated “courtesy of the floor” period, though specific time limits may be enforced to ensure orderly proceedings. Based on the Sunshine Law regulations, a reasonable time limitation is usually 3-5 minutes.

Krippe added, “If it ain’t broke, don’t fix it. Anybody on this side of the bench should be able to say something. You don’t need additional rules to stifle input. It seems to be working.” Hershinger supported Krippe by noting, “And it follows law.”

Township Tax Collector Phil Vanim said, “It’s important at the beginning of the meeting; but sometimes there are things on the agenda that we aren’t aware of and it (the public comments during the discussions) allows us to get input or clarify.”

Supervisor John Zgura clarified Ashbrook “just wanted to take subdivision talk and put it at the beginning of that portion of the meeting. We need to stay focused. Maybe we should try this out.”

Carter noted “I will provide a disclaimer that any comments for subdivisions will be held at that time.”

Moving forward for a trial run, the board will ask that any public comments pertaining to subdivisions be provided when the board discusses that item on the agenda. Residents will still be permitted to share their public comments.

The timing of subdivision comments will shift from opening comments to the subdivision portion of the meeting.

In other new business, the board approved, as long as the fire police are willing and able, to assist the Vera Cruz Community Association for upcoming events. Mohr abstained from this vote.

The board also approved Resolution 2026-022 which involved the snow emergency for Jan. 24.

Krippe said it is necessary for the board of supervisors to approve the snow emergency in case there is a need for state or FEMA aid.

Additionally, Carter asked the board of supervisors what they want to see the emergency services committee accomplish. The committee is seeking feedback.

Finally in new business, the board of supervisors approved the 6331 Batman Road time extension.

Miller shared a zoning, subdivision and land development ordinance update. Draft copies will be provided for board review before the adoption process. A representative will attend the next supervisors’ meeting to explain the process.

In subdivision news, Kay Builders requested an extension for Fields at Indian Creek Phase 1 until Sept. 29.

Kay Builder Attorney Frank D’Amore and Superintendent Jack Black were present at the meeting. Black reported the utility spray irrigation and walking path still need to be completed. He reported the sprayer irrigation is tied up in redesign and the weather is impacting the completion of the walking trail.

Carter noted the current completion date is set for March 28 and this could be the 10th extension request by Kay Builders. A motion to deny the request was on the floor. Fisher explained the township cannot take action until March 28.

President of Fields at Indian Creek Homeowners Association representative Dave Skinner said the walking path could have been completed anytime in the last five to six years but the retention pond is in the hands of Lehigh County Conservation District.

Firefighter and township resident Lucas Andrews said there are cinder block signs blocking the access gate entrance to the turnpike and the fire company has to stop and remove them in order to get through when on emergency calls.

Black reported he is not handling that aspect and it has been discussed multiple times but he “did not want to speak out of line.”

Skinner told the board the HOA wants the retention pond.

“We do not want to put obstacles in the way. We support the change,” he said. The biggest milestone is that Kay’s permit runs out June 6.

Skinner proposed splitting the retention pond and the walking path to benefit the residents.

D’Amore provided April 15 as the projection to complete the walkway and the irrigation for the end of May. The earlier motion to deny the extension was removed from the floor. Fisher suggested a retention pond extension through Dec. 31 is contingent upon completing the walkway by March 28. The board approved the motion.

In final public comment, Andrews reported an average of 20 calls for the month of January. In addition, the fire department assisted with Emmaus Ambulance.

Zgura requested the number of calls in which the fire department provided assistance to Emmaus Ambulance. Mohr said a nonresponse call on South Fifth Street had Vera Cruz Fire Department there before Emmaus Ambulance arrived.

“Those couple of minutes can save a life,” Mohr added.

Smith explained the real issue is there is one truck that covers Salisbury Township, Upper Milford Township and Emmaus Borough which covers approximately 45,000 people and 40 square miles. This could result in a response call of 30-40 minutes because of budget cuts to one truck.

It was noted Macungie has two trucks per day for Macungie and Lower Macungie Township. “There are not enough ambulances to cover these growing areas and that is why the fire companies are called in to help,” Smith said.

Resident Lauren Haponski said Zgura attended the recreation committee meeting to discuss the 250th celebration. Upper Milford Youth Association will work with the group. The Jasper Day 5K Run this year could take place in September for the 250th celebration. Zgura thanked Brian Miller and Kyle Walbert for their work on the planning and zoning program.

Mohr said the plans for the Vera Cruz Homecoming have begun.

The next meeting of the Upper Milford Township board of supervisors will be held 7 p.m. Feb. 19 in the township building, 5671 Chestnut St.

Editor’s Note: An additional story from the meeting will be in the Feb. 18 edition of The Press.

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