Precipitous drop in median Kunkletown home sales price in last quarter

While verifying that the Kunkletown Pub is still for sale, it was noticed that there is a home sales price trends chart below the listing.  It shows about a 33% drop in median sales price in Kunkletown in the most recent quarter.  This is only one data point, and may reflect seasonal influence.  One resident reported that in November of 2015 their Kunkletown home was judged by a loan company to have dropped significantly in value due to "a local condition."  The chart is presented without further research, but it may reflect a drop due to the knowledge beginning in the spring of 2015 that Nestle is targeting a site in the village of Kunkletown.  It doesn't take a rocket scientist to see that this chart may reflect reality - the introduction of continuous 40-ton truck traffic from 6am to 11pm 7 days a week to the village is not going to make properties more attractive.  Kunkletown indeed is dealing with a local condition for the moment.

The CJER and (former) Eldred politicians responsible for standing by and letting this happen and have not lifted a finger since to admit, apologize or correct their actions  (Sharon Solt, Gretchen Gannon Pettit, Jack Rader, Chuck Gould, Howard Beers) should be totally embarrassed.  Eldred Supervisor Clausen was new in 2014, and didn't come up to speed fast enough to detect this travesty in progress, though the record reflects she attempted to make sure amendments were reviewed and passed properly.  She clearly didn't discover quickly enough the playbook of her fellow supervisors.  In addition county planning commission staff members Chrisitne Meinhart Fritz and Eric Koopman bear very significant responsibility, as well as two township solicitors (Mike Kaspszyk and Dan Lyons) and the CJER regional planning solicitor James Fareri.  Last but not least, so-called "professional" planner Carson Helfrich, who bears the most responsibility of all.  This is the cast of characters on which landowners should lay the blame for inviting Nestle to plant an industrial operation in a commercial district, and in the process threatening to decimate the character, charm and value of the village.  Job, done.  So poorly that it escapes civil verbal evaluation.  We'll let Bucky do the talking:

Bucky and his wife sucked it up - but you don't have to, ey?

Sharon Solt, former Secretary, Treasurer and CJER Secretary states she has no clue who authored the water extraction amendment to Eldred ordinance

On June 30, 2015, Sharon Solt responded to a Right to Know request in which the requester asked for the identity of the author of the water extraction amendment.  As Right to Know Officer it is Solt's obligation to find out if a record exists.

Let's pause and consider what the Municipalities Planning Code dictates the procedure shall be.  First, the supervisors send an amendment  to their planning commission.  To do this, they must hold a public hearing, after discussion someone makes a motion which is seconded, and then a vote is taken.  Then the BOS Secretary will send the amendment to the planning commission.  Since the BOS Secretary is present when an amendment is authorized (voted on), they would know who authored it.

Now let's review what actually happened.  First, the landowner's attorney sent an amendment directly to planning consultant Helfich, who forwarded what he received to the county planning commission(!).  Helfrich went ahead and drafted it for possible consideration.  This was discussed at the March 2014 CJER meeting, at which all the Eldred supervisors were present.  Helfrich said he could move forward if it were authorized, but it was not.  Helfrich sent the draft to Sharon Solt as Eldred Township Secretary, and she forwarded to the Eldred Township Planning Commission.  At their April 2, 2014 meeting the supervisors had an opportunity to announce to the public the proposed amendment and vote to authorize it.  As you can guess, that did not happen.  The first critical step was completely ignored - a step that Sharon Solt as Secretary was responsible for seeing took place (as well as former Solicitor Kaspszyk).

Sharon Solt should have known full well how the water extraction amendment came into being, because at the March 27, 2014 CJER meeting when it was first discussed, she was present and Helfrich said at that meeting that a landowner's attorney had contacted him and he had gone ahead and drafted the amendment.  The landowner was also present at this meeting.  How could an amendment possibly come into being in a township, without the knowledge of the Board of Supervisors Secretary and a member of the Board?  You just could not make this up.  It stinks worse than a brothel two hours after the fishing fleet comes in - no offense to fishermen.

See the magic at the bottom of the response letter to the request.  It basically says "I don't have a darned clue who authored an amendment in my town while I was supervisor, board secretary and regional planning CJER secretary, and I have no way of finding out."

Eldred Township Supervisor and Secretary has no clue who advertised water extraction amendment

Note:  The citizen who received this response did not accept it as complete.  Under pressure to deliver the information, Ms. Solt produced the damning Wimmer Letter.

 Recall in the April 28, 2016 Pocono Record article that Carson Helfrich said he doesn't remember speaking with landowner attorney James Wimmer.  But on March 21, 2014 Mr. Wimmer wrote in the letter containing the amendment to Helfrich that the two had spoken the day prior:

Helfrich, of Community Planning and Management, said he never felt Wimmer placed any pressure upon him to change the ordinance.  "It was just a written request.  I don't even remember speaking to the gentleman." he said, referring to Wimmer. (emphasis added)

Mr. Helfrich doesn't recall speaking with Mr. Wimmer in Apr 28, 2016 Pocono Record article

Yet Mr. Wimmer says the two spoke the day before said letter was received by Mr. Helfrich

At the March 27, 2014 CJER meeting these key actors were patting themselves on the back and stroking their collective egos.  The verbal praise was so intimate that various forms of latex must have been used to prevent passage of a disease.  Now they are advanced Alzheimer's patients.  You would be better served using a rock for a brain if nonsense like this dribbled out of your mouth.

Questions

• Could it be that Ms. Solt didn't want to inform the requester that the landowner's attorney authored the amendment?
• If Mr. Helfrich didn't feel pressured to change the ordinance on receipt of Wimmer's letter, why did he go ahead and do it, as well as forward it to the Monroe County Planning Commission?
• Do these people really think the citizens are that stupid?

Cross examination of first Nestle witness reveals weaknesses in Nestle application

Last night, civil engineer Ed Davis was cross examined for about 2 hours by Eldred Township counsel Mark Freed, of Curtin Heefner.  This followed Nestle being allowed for the second time to submit numerous changes to its Site Plan - changes received by the township only a few days before - and continued direct examination of Mr. Davis.  Some objectors received the latest update only upon arrival at the hearing - but were very thankful that Ms. Velopolcek brought copies to hand out to them.  Thanks, Ann.

Mr. Davis suddenly didn't appear to know much is a very brief summary of the cross examination.  Not about roads on the site, not about the Eldred Township Comprehensive Plan, not about existing operations on the Gower property.  For the person responsible for zoning, the site plan, and operations, his responses were underwhelming to be kind.  He suggested that Nestle Solicitor Weston, Gower counsel Mr.Wolfe, and landowner Gower could answer some questions that he could not.  There is no mechanism to do that while a witness is on cross examination.

There is insufficient time this evening to post a proper summary of what happened at the hearing, but one will be posted this weekend.  If you attend the citizen's meeting tomorrow evening at the Community Center, a short summary will be presented at that time, as well as status of the zoning hearing board review and the court appeal.

Community meeting Friday evening - don't be square ;)

Hood River County Oregon has DEFEATED Nestle's plan to take over the town of Cascade Locks

The poll results in Hood River County are in, and it appears that voters have voted by an overwhelming 2 to 1 margin to pass a law banning large water extraction/bottling operations.  The town of Cascade Locks has been a target of Nestle for six years.  It is believed that passage of this measure will bring Nestle's plans to an end.

Poll results will be updated later, but it appears that all precincts have reported, and half of registered voters voted.  It is measure 14-55, on the last page of the results.  So much for the tone-deaf politicians that decreed that this would be good for residents.  The people have spoken.  Boo the heck yah!

Looks like Nestle's PR machine was a tad bit off on this one.  From Nestle's site describing the proposed project: "Nestle Waters is working closely with Cascade Locks to ensure our proposed project meets our shared environmental and economic goals."  The goals of the community and Nestle turned out to be mutually exclusive, as they are in Eldred Township.  Nestle wagged 50 jobs in front of citizens in depressed Cascade Locks, and the voters said loudly "keep your paws off our water."  In Eldred Township, there are zero (0) jobs promised.  All Nestle has to offer Eldred is a one time payment that amounts to up to (not exceeding) $82.19 per day over the 25 year initial lease.  Yes, $82.19 * 365 * 25 = $750,000.  This is .04 cents per gallon (4 hundredths of one cent).  How does it feel to be targeted as a prostitute, but being paid worse for your services and goods than in a third world country?

Note: the term of Nestle's lease is not shown in the document that Nestle posted on its website for this project, but it is shown in the document on file at the county clerk's office.  There's some transparency for you!

Hood River County Preliminary Election Results - Cascade Locks Nestle facility

Fourth Zoning Hearing Board hearing is first opportunity to hear cross examination of important Nestle witness

Nestle plans to put on four known witnesses, and forewarned in the first hearing that they will put others on as well.  The four known witnesses are:

• Civil engnieer - Site Plan and zoning issues
• Hydrogeologist - Hydrology and geology of the site
• Traffic engineer - Traffic and truck route issues
• Sound engineer - Sound measurements and analysis

Thus far, Ed Davis, civil engineer, has testified on direct examination - during the 2nd and 3rd hearings. Wednesday night, cross examination is scheduled to begin at the beginning of the hearing.  First, the Zoning Hearing Board members will ask questions.  Then attorneys for the township and concerned citizens with will cross, followed by citizens.

Those who have attended the hearings thus far have heard from Mr. Davis all about how Nestle satisfies the zoning requirements of the ordinance.  Of course an Applicant will argue this - this is a requirement to obtain a special exception permit.  It went a bit too far, however, and township attorney Freed successfully objected to Mr. Davis and Nestle Attorney Weston stating conclusive interpretations of the zoning ordinance.  The Zoning Hearing Board's has sole responsibility to do this in this setting.

Readers are likely aware that the township engineer has issued reports that found significant deficiencies in Nestle's application., including the site plan.  Wednesday evening is when Mr. Davis will first be questioned by objectors as to these deficiencies.

The two most important Nestle witnesses will be Mr. Davis and hydrogeologist Lou Vettorio.  Sound and traffic are not going to determine the outcome of this application.  Therefore, Wednesday evening's cross examination is critical to the outcome of the hearing process.  The hearing is 7pm at the Kunkletown Fire Hall.

Rumor is additional news outlets have taken notice of this matter, and a prominent one will attend Wednesday evening's hearing.  Let's continue to put rear ends in the seats in a show of community unity.  Water is one of our most precious resources.

You have to be in it to win it

"Professional" planner Carson Helfrich billed to make Eldred's zoning consistent with others, but he violated that goal without informing anyone

With Carson Helfrich,  CJERP, CJERP Solicitor Fareri, and the Monroe County Planning Commission at the helm, what could possibly go wrong?

During late 2013 and early 2014, regional planning body CJER was putting the finishing touches on a three-year-long project to align the definitions in the zoning ordinances of the member townships Chestnut Hill, Jackson, Eldred and Ross.  The main agents of this final effort were planning consultant Carson Helfrich of Community Planning and Management LLC, author of Eldred's first zoning ordinance in 2004, CJER and the Monroe County Planning Commission - the ultimate planning and zoning review body in Monroe County.  It has been reported by planner Matt Neeb of CJER/CJERP and senior planner Eric Koopman of the Monroe County Planning Commission that an overarching tenant of this project was consistency.  A project goal that relies on consistency was to share uses between the townships, so that each township would not have to provide for all uses - this state requirement may be spread across municipalities that participate in regional planning (CJER/CJERP) and define uses similarly.  Note: Carson Helfrich refers to the project as "CJERP", though Polk Township did not join until 2015.

Carson Helfrich Community Planning and Management Invoice April 2014

Planning Consultant Carson Helfrich refers to the project as "CJERP Consistency Project",

and on the eve of the May 1 adoption bills "final consistency changes"

It should be noted that a planning consultant must be ever aware that changes in definition must be carefully done so as not to inadvertently change land use.  Land use is the concept that different use categories come with different impacts on adjacent uses, and the zoning map reflects a carefully thought out placement of the categories so they do not unduly impact each other.  A professional planner advises local planners (planning commission) and the advisory body (BOS) on changes to land use - it is ultimately the BOS that adopts changes after careful and public deliberation.

This should be child's play, right, because Mr. Helfrich as the original author is the expert on Eldred's zoning ordinance?  Right expectation, wrong outcome...

Mr. Helfrich's task was to go through each township's ordinance, and make the definitions the same in each township.  He did this, prior to the March 27, 2014 CJER meeting at which the ordinances of all the townships would be adopted.  At the Mach 27 meeting, Ross Township was not prepared to adopt, so another meeting was scheduled on May 1 to adopt the ordinances simultaneously.  However, at the March 27 meeting, multiple members of CJER and consultant Mr. Helfrich all spoke of how the changes were "minor", to bring the ordinances into alignment through consistency.  There was no discussion of land use changes to a higher intensity use in a zoning district in any of the townships.

Mr. Helfrich mentioned an amendment to change the definition of water extraction in Eldred Township that he had received from a landowner's attorney (improper - it should come from the township), and he said that he already had the change on his list.  He then said if the Eldred Supervisors would authorize it, he would move forward.  They did not authorize it, but he left this meeting and went forward with it.  Remember, this is a professional.  The transcript reflects that Mr. Helfrich did not:

1. Remind everyone that he had made the definition of water extraction uniform in the pending ordinances of all the townships that were to be adopted that night.
2. Point out that water extraction was defined as industry in the pending ordinances, and the landowner's request was to change the definition only in Eldred Township to a light manufacturing use, violating the overarching goal of CJER and the county planning commission to have consistent use definitions across the region.
3. Point out that the proposed change would define a single use to have multiple use intensities in the planning region - creating a contradiction and violating the entire concept of regional planning.
4. Point out that a use of industrial impact in the current ordinance (2004, that he authored), would be added to the Eldred commercial zoning district as a result of this change - where industrial uses are not permitted.

Light manufacturing and industry are two very different land uses.  Light manufacturing can be located adjacent to homes, industrial uses should not be. The ultimate and painful irony is that Mr. Helfrich describes what he did in April 2014, when he drafted the water extraction amendment, as "Final consistency changes".  In drafting and submitting this amendment, he violated the core principle the entire effort was based on - consistency - without warning a single person.  Here is the result of Mr. Helfrich's handiwork, which CJER, CJER's solicitor and the county planning commission all looked past without comment:

Carson Helfrich was hired at $80/hr to make these consistent.  How can you have the same use defined in two different land use categories in the same planning region (CJER/CJERP)?  WTF?

When asked by a resident in 2015 how this could have happened, Mr. Helfrich explained that he does approximately thirty ordinances.  Evidently he was saying that as a professional, he has trouble remembering what he is doing.  Yet he bills for professional services.  Fail.

In a recent Pocono Record article, when questioned about receiving the amendment request from the landowner's attorney, Mr. Helfrich replied that he "[doesn't] remember speaking with the gentleman."  Does he receive requests from landowners or their attorneys routinely to change zoning ordinances?  Evidently the definition of "professional" is different for Mr. Helfrich than for the rest of the world.  Mr. Helfrich's memory was a lot better on March 27, 2014:

Mr. Helfrich states that he spoke with the landowner's attorney - today he doesn't remember this conversation

Fail.  OK, so your planning consultant and zoning ordinance author turns out to be a candidate for dementia instead of Mensa..  What happened to the oversight of CJER and the Monroe County Planning Commission?  Simple, they were asleep at the switch:

1. There is no evidence that CJER Solicitor James Fareri reviewed the water extraction amendment, and he was the sole lawyer to review zoning amendments at the time.
2. There is no evidence that the Monroe County Planning Commission reviewed the water extraction amendment, as it should have.
3. CJER cancelled its regular April 2014 meeting, at which the supplemental amendments including water extraction in Eldred could have, and should have been reviewed.  The CJER intergovernmental agreement required CJER townships to review and comment on zoning amendments - this did not happen with the water extraction amendment.  This is something Mr. Fareri should have made sure was done, but apparently did not.  CJER took a powder, and today, CJERP Solicitor Fareri has the unmitigated gall to claim that this amendment was passed properly.  He has to state this, because his law firm agreed to represent landowner Gower, whose entire case relies on the argument it was passed properly.  Mr. Fareri can't admit mistakes were made, because it would compromise the firm's other client.  And CJERP's so-called "leadership" refuses to do what is right, and admit mistakes were made.  Whom are they protecting?  They are hiding behind the patently biased advice of their solicitor - someone who would also have motive to conceal his own potential mistakes.  Most law firms would not have taken on Mr. Gower, due to a conflict of interest.   This CJERP planning body has a built-in structural defect.  It is required to have a supervisor from each township.  As a consequence, it is run by politicians, not citizens with expertise appointed by politicians - which is the typical case for members of your local planning commission.  The result is what you have today - CJERP refuses to acknowledge they screwed up big time, and has pulled a cone of silence over themselves.  Eldred has made statements that it disagrees with CJERP's position, to no avail.  It is disgraceful that CJERP has left member Edlred Township to twist in the wind, while as a body is accepts zero responsibility.  This ignorance is going on under chairperson Gould, who was in charge in 2014 when CJER totally dropped the ball.  Will he apologize to Eldred months from now, when the truth comes out in court?

You just could not make this sh!t up, people - go ahead and try.  You could not.

Carson Helfrich's Island - an $80 per hour tour

Documents do not reflect that CJER Solicitor James Fareri reviewed the 2014 water extraction amendment

In the March to May 2014 period, regional planning body CJER solicitor James Fareri was solely responsible for reviewing zoning ordinance amendments.   Normally, they would be reviewed by both the township solicitor and the township planning commission solicitor (Dan  Lyons).   But the CJER townships fatefully agreed to allow a slip-and-fall attorney do all amendment reviews, as reported by then Eldred Township Solicitor Mike Kaspszyk:

Eldred Solicitor Kaspszyk states that James Fareri is solely responsible for doing a comprehensive review of zoning ordinance amendments

Via a Right to Know request, Attorney Fareri's billing statements for the March 2014 and April through May 1, 2014 period were obtained.  Recall that CJER met on March 27, 2014 in anticipation of passing the draft ordinance, that the supplemental amendments including water extraction were drafted the week after this meeting, and that both the March 27 draft and the supplemental amendments were adopted on May 1.

Fareri March Billing

In March, on the very day of the March 27 CJER meeting, Attorney Fareri "crammed" and reviewed the ordinances that were to be adopted that evening.  His bill for all of March for CJER was $913.50, but on March 27 he billed $217.50 for reviewing the ordinances for all four CJER townships.  Eldred Township's portion of this based on population was 9%, or $19.58.  To have Eldred Township's 265-page draft zoning ordinance reviewed comprehensively, with hundreds of changes, cost $19.58 for a lawyer who billed $145 per hour.  This means that Eldred's entire draft ordinance was reviewed in about 8 minutes and 6 seconds.

Fareri April Billing

OK, we know that 4 pages of supplemental amendments were drafted after the March 27 meeting.  Let's see how much time was spent by Mr. Fareri to review said amendments, by examining his April through May 1 bill.   Hmm.  Only one billable item for Mr. Fareri.  Appearing at the May 1, 2014 CJER meeting.  Thanks for coming in - hope you didn't break a sweat.  This would indicate that .09*(0) hours were spent reviewing the water extraction amendment, or 0 hours 0 minutes and 0 seconds.

Update May 15 11:30pm: Note that on March 2nd and 3rd Mr. Fareri billed for preparing and reviewing the notice of advertisement for the March 27 meeting, but there aren't equivalent entries for the May 1 meeting - in which there were new amendments.  Who prepared the May 1 advertisement of the water extraction amendment, and who reviewed it?

Based on these invoices, it appears that Mr. Fareri, the sole solicitor to review zoning amendments, spent a couple of minutes reviewing the entire Eldred draft zoning ordinance, and no time at all reviewing the questioned Eldred water extraction amendment.  Recall CJER didn't bother to meet in April 2014, at which time CJER could have reviewed the supplemental amendments - so they didn't review them either.  Recall further that the record also does not reflect that the Monroe County Planning Commission reviewed the supplemental amendments, including the water extraction amendment.

No wonder Solicitor Fareri advised CJER members in January of 2016 to keep their mouths shut about what happened on May 1, 2014 - because CJER screwed up big time.  The puzzling thing is how on Earth he can maintain that the amendment was passed through proper procedure, while keeping a straight face.  A group of monkeys could have done an equally competent job.

Ship of Fools

Footnote:  Take note of the fact that Attorney Robert Kidwell also charged time on the April invoice.  Mr. Kidwell is representing landowner Rick Gower, another indication of the conflict of interest for Fareri and Kidwell's law firm.  You just could not make this #@)! up people.