The Upper Mount Bethel Township Board of Supervisors are achieving a perfect score, if the objective is to be totally incompetent and appear to be corrupt. Previously, we covered that the BOS passed a comprehensive zoning amendment on September 9, written by developer Lou Pektor, that would exempt Pektor's planned development within the township's I-2 and I-3 zoning districts from having to comply with several articles of the zoning ordinance and SALDO (subdivision and land development ordinance). This was done against the strong dissent of the township engineer, the Lehigh Valley Planning Commission, two civil engineers who are township residents, the virtually unanimous opposition of residents, and the silence of township Solicitor Karasek. It is important to note the Karasek would be the one to legally advise the BOS that they are doing something inadvisable, yet he has and continues to act like a deaf-mute in regards to this matter. Karasek has taken an approach of "I am not in a position to offer an opinion on policy" - which is total and unadulterated bulls shit.
A Solicitor is responsible for advising the BOS, and if they develop a policy without going through standard procedures, the policy is likely to be poorly crafted. The problem in UMBT is the Solicitor represents the BOS, not the citizens, and Karasek is being a good soldier and doing what he feels the majority of the BOS wants him to do, as opposed to speaking up and saying "I would [strongly] advise the BOS to consider..."
Township engineer Coyle also serves the BOS, and in this case he pointed out at the eleventh hour at the adoption hearing on September 9 that while he should not be offering an opinion on the amendment, he was strongly in opposition to multiple elements of it. Following this, the very best Solicitor Karasek could offer was "If the BOS feels it isn't ready, it could table this until next month..." After all, he is earning a generous hourly rate. Of course, the BOS went ahead and immediately passed the amendment.
Recall that citizens were told by the BOS:
- That this amendment was necessary so that the developer would not have to come in for variances each time a business filed an application. Total nonsense - why should any use be exempted from needing variances?
- That there was a rush to pass the amendment, because the developer is hot to trot and there are "good businesses" ready to sign on to develop. Such rumors should never be counted on (which citizens pointed out multiple times), and furthermore ordinance amendments should never be rushed under any circumstance.
- When it appeared that there were issues not covered by the amendment, citizens were told that revisions would cause it to have to be sent back to the LVPC for review, so passing it and using "deed restrictions" to resolve outstanding deficiencies was the course of action to save time. This is total bullshit, dreamed up by Realtor/Supervisor Teel. The UMBT Solicitor in fact sent a second amendment to the LVPC for review on September 28 - only nineteen days after the first amendment was passed. Instead of simply editing the draft of the first amendment, and sending it back to the LVPC.
The lawsuit - appeal of the passage of the First Amendment
The big news is citizens filed a timely appeal of the passage of the amendment in the Northampton County Court of Common Pleas, and more details will be stated here in the near future. This group of citizens is not a collection of "not in my back yard" or NIMBY, the pejorative term that is commonly applied to citizens objecting in cases of zoning. Rather. it consists of members who have helped shape public policy, including one who is a former supervisor in another township. This has been covered in WFMZ, the Express Times and the Morning Call.
The Second Amendment - prepared and sent out with no public notice
No, not that second amendment lol. Karasek should have strongly advised the BOS at the September 9 hearing that not only due to concerns about the content of the amendment, but also because of what it did not yet contain, that the BOS should not adopt it that night. Apparently someone pulled their head out of their ass between September 9 and September 28 and realized Teel's proposed deed restrictions would not work. Was it Karasek? No citizen (and they are watching very very carefully) was aware that a second amendment draft was even prepared, until the LVPC issued a review letter on October 30. So the excuse by Teel - and that is all it was - that a delay would result by going back to the LVPC, was revealed to be nothing but more happy talk since within only a few weeks the BOS in fact had to go back to the LVPC as the Solicitor should have advised would be required.
Food for thought - if this amendment was not discussed at a BOS meeting, did the BOS even see it before Karasek submitted it? Was he authorized to send it?
Solicitor sends second amendment for review with no notice to the public
It must be noted that at the end of the review letter of the second amendment, the LVPC curiously compliments the UMBT BOS as to the amendment responding to some comments in the LVPC's review of the first amendment.
LVPC attempts to put lipstick on a pig with euphemisms - closer to consistent is not consistent
In this blogger's view, this is political bullshit. The second amendment does nothing to address the fact that several articles of the ordinance will not apply to the I-2 or I-3 district, that industrial business parks will be permitted by right and not by conditional use, the buildings of 100 feet are permitted by right, that traffic studies will not be required, that township environmental regulations will not apply. In fact, the LVPC in its review of the second amendment did again comment that buildings of 100' should not be permitted by right. Lastly, UMBT Supervisor Teel stated prior to receiving the LVPC's first review that he has no interest in what the LVPC has to say about anything. So Teel does not see the LVPC as the "regional expert on planning, zoning and development" as stated in the excerpt states.
"Good" business that was hot to trot, trotted right on past UMBT
The citizens warned on multiple occasions that making changes based on the rumor of any business filing an application was folly, because such projects very often fail to materialize. Undaunted, some UMBT Supervisors continue to sing this tune. At the October 12 BOS meeting, Economic Development Committee Chairman Scott Cole announced that Reddington Farms, which had been rumored to be seeking to site within River Pointe, was no longer planning to do so. Bam! Exactly as citizens predicted. It must be noted that Reddington Farms is not the kind of "manufacturing business" with good paying jobs that the BOS is ballyhooing as what they envision in River Pointe. Resident are rightfully concerned that they will end up with mostly warehouses and tons of truck traffic, and that by exempting River Pointe from township regulations control will be impossible. This is Engineer Coyle's concern. Reddington Farms is said to require 50,000 gallons of water a day at the site of one of its current operations - and lots of truck traffic.
Current Reddington Farms location - not coming to UMBT
Look at all those trucks
Second BOS member appointed to Planning Commission - to advise himself
At the October 12 BOS meeting, BOS and planning commission member Teel said that "considering the important issues coming before the planning commission in the near future, I think we need to fill the planning commission vacancy." Note that in the spring, Teel tried to put BOS member DeFranco on the planning commission, but yielded to concerns that having two BOS members on the planning commission would be inappropriate. No kidding. Having one BOS member on the planning commission is inadvisable - and especially one like Teel, who has exhibited no working knowledge of planning and zoning other than he hates the Lehigh Valley Planning Commission but knows it has to review ordinance amendments. Teel stated that DeFranco has "construction experience" as he promoted DeFranco. Whoo hoo. Big deal. What you want on a planning commission is someone with engineering experience, not what the standard sizes of lumber are. What Teel really wanted was DeFranco, a proponent of River Pointe, on the planning commission, to ram through the second amendment that only the BOS was aware existed and had been submitted to the LVPC for review. Then, when the second amendment comes before the township planning commission, likely at its November meeting, Teel and DeFranco will sing its praises and make sure it is recommended to the BOS - in other words to themselves - for approval. At the July planning commission review of the first amendment, which was over 20 pages and had been in members' hands for only hours, Teel said "I don't think we have to go through every page of this..." Of course not, if you want to ram a huge change to the zoning ordinance through without someone realizing major issues with it. The review of the second amendment at the planning commission is likely planned by Teel and DeFranco to be as thorough.
Supervisor Bermingham pointed out that with more supervisors on the planning commission, the independence of the committee from the BOS would be compromised. Supervisor Due joined Bemingham in voting no, with Pinter and Teel voting yes. Due actually stood up for what is right. However, after he had abstained, DeFranco voted yes to make it 3-2 and to install himself on the planning commission. After the vote, citizens pointed out that the independence of the planning commission is important and they are correct. The planning commission advises the BOS. Teel, DeFranco and Pinter obviously do not care about independence and informed and unbiased opinion, but rather about how to get what they want.
Musical chairs on UMBT Planning Commission
The LVPC's review of the first amendment was addressed to Scott Minnich, a civil engineer. Mr. Minnich gave constructive advice during the August 31 special hearing on the first amendment - which was promptly ignored. He was no longer on the planning commission when the review was received. Likewise, Stavros Barbounis was no longer on the planning commission when the review of the second amendment was received. Given how the BOS is acting, it isn't surprising that the planning commission is like musical chairs. What is very concerning is that an element within the BOS appears to have taken it over.
Township Engineer Ed Nelson shows off his knowledge - or lack thereof
At the September 28 BOS meeting, township manager Ed Nelson showed that even though he was once a township supervisor, he's generally an ignorant of municipal procedures and concepts. A far cry from the previous township manager, Rick Fisher. Nelson is the perfect stooge and partner for the corrupted process being perpetrated by the BOS.
First, Nelson said that he was "recommending to the BOS" that certain roads be changed to one-way. Karasek listened to this for several minutes before finally pointing out that the manager can not make such a recommendation by himself, that a traffic study would likely be required and the township engineer would have to be involved. Next, Nelson recommended that speed bumps be installed, in specific locations. Once again, Karasek had to intervene, with the same warnings he made about altering traffic direction.
Next, Nelson recommended to the BOS that it hire Pennoni Engineering to be a Community Planner as well as an Alternate Engineer for the township. This is interesting for a few reasons. The first it, apparently the BOS is showing some yield to the pleas by both citizens as well as the LVPC that it do planning before zoning changes. The problem is, they already made the zoning changes. Second, Pennoni apparently has ZERO experience in municipal planning. So Nelson, a place holder as township manager, recommended hiring a place holder as planner, as Rome burns. If Nelson had any initiative to actually find a planner, he would have discovered Urban Research and Development in Bethlehem, which has extensive experience in planning and zoning, including testifying in related court matters. But he was seeking to help create a veneer to make it look like the BOS was taking some action, when it was not. Or he was simply incompetent, or both.
Supervisor DeFranco's Economic Development Committee sings praises of River Pointe
Speaking of stooges, Supervisor DeFranco's Economic Development Committee has the perfect choice in Scott Cole. At the October 12 BOS meeting, Chairman Cole spoke effusively about the regular meetings that the EDC was having with "Lou's representatives" and "Lisa" (Lisa Pektor). Of course Lou is sending representatives to meet regularly with people on their knees eager to pleasure him orally, as well as continuing to keep tabs on the promises (and BOS actions) to exempt him from zoning regulations. Cole and the pro-River Pointe Supervisors appear completely oblivious to the fact that you do not treat a developer as your friend or partner. And certainly not this developer. Cole's words reflect that he is afflicted with a Stage IV case of euphoric crapulence for River Pointe, and as though he makes frequent trips to a fridge stocked with River Pointe Fever Kool Aid.
Cole announced that the EDC has done a lot of "analysis" of future revenue associated with River Ponte. Hmm, better change the Excel spreadsheet to reflect that Reddington Farms is gone. And since River Pointe is in the LERTA, don't expect much property tax revenue any time soon. Working hard on spreadsheets that predict the future is not necessarily working smart. There is a difference.
Cole also made a peculiar request. He stated that the EDC has been working for "many months" on River Pointe (doing God knows what, one has to ask), and that they have been using an outdated Comprehensive Plan. He said he was recommending to the BOS that it hire a planner to update the township's Comprehensive Plan. Perhaps Ed Nelson's Pennoni hire - an engineer with no planning experience? Now, the people up front in the room, the BOS and Manager Nelson, should be keenly aware that UMBT is a member of Plan Slate Belt, which is currently developing a 10-municipality Comprehensive Plan across the ten Slate Belt Communities. Each municipality has three representatives. Supervisors Due, DeFranco and Manager Nelson are the three representatives from UMBT. Not one UMBT representative showed up for the October Plan Slate Belt meeting, and not one person at the front of the room informed Mr. Cole that they are already working on the next comprehensive plan (are they?). Instead he was told it was a good suggestion and they would look into it.
Why isn't Mr. Cole already aware that UMBT is working on a comprehensive plan update, and why wouldn't one of the three township's representatives involved have told him (and the assembled citizens) when it became obvious he did not? Could it be because they aren't taking it seriously, or don't know what they are doing? Both seems likely in this case. A majority of UMBT supervisors are acting like the township is an island unto itself, and planning is the very last priority on their minds. The only planning they are doing is projecting for big big revenue from River Pointe, consequences and the potential for negative community impacts and economic losses be damned.
The first step to solving a problem is realizing that you have a problem. UMBT supervisors as a group are totally ignorant of how to do planning or alter zoning or the consequences of not exercising restraint in making quick changes, and they are not receiving competent advice from most of those who could or should advise them. The only solution that appears feasible is that citizens obtain relief in court.
Edit - UMBT will vote tonight to advertise Second Amendment
On the agenda for tonight, in Section VI, item 6 - is a vote to advertise the Second Amendment. That will cost several thousand dollars. More of taxpayer's tax dollars at work. Apparently Supervisors are expecting a favorable recommendation from Teel, DeFranco and whoever else is left on the planning commission when it meets on November 18. You can hear Teel now "I don't think we really need to go through this..." Why bother? It's all FUBAR and you will pass it anyway.
Then, the BOS will convene a hearing at which members of the public will object, make some good suggestions which will be ignored, and the BOS will pass the Second Amendment. We have seen this D-movie before.
