Monday, August 29, 2016

The history of the bells of St. Matthews United Church of Christ, Kunkletown

Perched high on a hill over the village of Kunkletown sits the St. Matthews United Church of Christ.  A visit to Kunkletown is enriched in this blogger's opinion if one happens to be in the vicinity at the top of the hour from 2pm to 10pm, because the carillon of St. Matthews, emanating from the church tower, is heard all round K-town at these times.  A tune is played, followed by the striking of the hour.  On a recent visit with a friend, as we sat whiling away a lazy sun-drenched and serene afternoon in the bucolic splendor of the lush Kunkletown hills and valleys, strikes at 2pm, 3pm and 4pm were all that reminded us on this day that time was not standing still.

During certain times of the year, such as Independence Day and Christmas, a special tune is played in recognition of the holiday.

View of St. Matthews ca. 1950

On the hill surrounding the church are headstones with family names that trace back from many living residents to ancestors who founded or settled in Kunkletown in days long since passed: Berger, Borger, Christman, Engler, Frable, Frantz, George, Gower, Greenzweig, Kleintop, Kunkle, Smale, Smith.  Life long resident Vernon Barlieb and a childhood acquaintance dug graves on this hill by hand in their youth - Vern recalls that it took two young men a day's work to dig one grave through the shale and rock.

Chimes were donated in memory of lifelong resident Verna Gower Barlieb

On a social visit to K-town in June, a resident made reference in passing that the St. Matthews chimes served to remind fellow residents Vernon and Leon Barlieb of their mother, Verna Barlieb.

Fascinated by this suggestion, the speaker was asked to explain.  Through further discussion and an interview with Vernon Barlieb, the following was gleaned.

Verna and Herman Barlieb

Verna Barlieb and her husband Herman raised 3 children in Kunkletown, Leon, Vernon and Gladys.  Verna was born in Kunkletown to Alvin and Rilla (Smith) Gower.  Verna and Herman ran Barlieb's Feed and Grain Service in Kunkletown for 22 years.  Prior to the Barlieb's ownership, Herman was a manager for the previous operation known as the Flory Milling Company, which commenced operations in January 1932.  The mill and store were located directly on the Chestnut Ridge Railway - as may be seen in the picture blow.

Typical product available at Barlieb's  Feed and Grain Service

Flory's - predecessor of Barlieb's Feed and Grain Service

Verna was a pianist for the church for 45 years and also a choir member, and she passed to eternal rest on November 30, 1988.  To honor Verna's memory and service, Mr. Barlieb and his three children donated the chimes to St. Matthews in 1989.  Sometime in the late 1990's, the chimes went silent due to lightning damage.  Insurance did not cover the entire cost of repair, and the chimes were deemed to not be worth repairing.  The Barlieb family, having lost patriarch Herman on September 14, 1995, again showed their generosity by donating the funds required to fully cover replacement and an upgrade of the original unit. 

St. Matthews carillon is an innovation of technology

This blogger has hands-on experience with carillons manufactured by Schulmerich Carillions in Quakertown PA (originally Sellersville PA).  Those chimes are electromechanical; tiny cast bronze rods, which when amplified create a sound almost indistinguishable from actual bells, which are far more heavy, expensive and bulky.


The St. Matthews carillon is manufactured by the Verdin Company, and is an innovation beyond miniaturization - it is totally electronic - there is only the control unit and an amplifier in the body of the church, and the loudspeakers are located in the church tower.

The next time you hear the chimes of St. Matthews bathing the village of Kunkletown in song, think of Herman ringing up orders at the Feed and Grain, and Verna playing for Sunday School each weekend.  It doesn't take much imagination to see her at the piano, serving her church and community.

Thursday, August 25, 2016

Penn Forest Wind Farm Special Exception Hearing continues tonight August 25 at 6pm

In an earlier post today, I noted that 16-year old Kunkletown teen Jade Eve Manz is missing.  Prayers that this girl is returned home safe and sound.

Wind Mill farm near Centralia PA

Tonight, at Penn Forest Fire Company #1 1387 Route 903 the Special Exception hearing for a permit for a 37-turbine wind farm continues at 6pm.

I have attended three of the hearings, and the community has mounted a comprehensive (and expensive) defense, in an attempt to keep this development from occurring on a forested ridge in one of the more pristine areas in and neighboring Monroe County.  It targets the land containing a watershed that the City of Bethlehem uses as a water source.

Each turbine is about 525' tall, with blades swinging a 300' circumference.

At a recent hearing, a woman who lives 1600' from a similar wind farm described how the noise and blade shadows that inundate their home have destroyed their lives and the value of their property.  She and her husband drove 4-1/2 hours from Somerset PA to testify.  This woman held up well in testimony, but when I spoke with her after the hearing she appeared emotionally devastated.

Another witness, Dr. Pam Dodds, Hydrogeologist, testified at length to the damage that the widening and construction of roads, and installation of bases for the towers will do to the flora, fauna and the water quality of streams on the property, and hence the reservoir(s).

This blogger is planning to attend in a show of support for the community.  Others from surrounding communities have also been spotted at hearings, and the reporter who covered Nestle in Kunkletown has been to each hearing.

Kunkletown teen Jade Eve Manz missing

I don't usually post a story not related to water extraction in Kunkletown, Eldred Township on this blog, but I am making an exception. According to a story on WFMZ, Kunkletown resident 16-year-old Jade Eve Manz was reported missing on Wednesday around 7 p.m. She has reportedly been missing since August 19.

 

Tuesday, August 23, 2016

One year later, leader of the effort to protect the natural resources of Eldred Township from Nestlé's grasp pauses, shares reflections and continues to contribute to community


A year ago, Donna Diehl had a table at the West End Fair, to publicize the fact Nestle Waters was in town. The now famous "Stop Nestle" banner was born for the purpose of increasing foot traffic to her table. As Donna says "We really didn't know what was happening at that time, and what the effort to keep Nestle out would expand to, but we were scared." She pauses with a smile and says "All we had to hand out was negative information on Nestle." Imagine that - in this case foresight and hindsight were both 20-20.

A year later, on August 23rd, Donna is perched on a gurney at the Lehighton Hospital, with her husband and son at her side. She has various monitors attached to her. Her hair is "spiked" and looks like a fresh updo, which she points out is not the result of grooming but rather because 30 probes were just removed from her scalp. They don't have a sensor large enough though, to measure the size of Donna's heart. Here she is going through a battery of tests ordered by her doctor, but talking about how to improve the food bank, what to do with community projects such as Mock Park, and how to help other people. She looks like a million bucks on this day, which incidentally is about the amount of profit Nestle would have made each week if its Kunkletown project had been successful. Donna and her family are waiting for the doctor to review all the scanned, electronic and blood tests that have been done.

In the parking lot, I meet a lovely woman who is a member of the Polk Township Historical Society, who had overheard Donna and I in the hospital speaking about the West End Fair. She approaches me from all the way across the parking lot and effusively tells me "you simply must stop to see the Bake Oven, which was moved from the Jonas Hotel by the Amish to the West End Fair site and reconstructed. The last I saw, they made some bread in it." The only reason I know where Jonas is, is a few trips to Penn Forest Township to witness the Wind Farm zoning hearings. This pushed my knowledge of Polk Township as well, having attended a Polk Township municipal meeting with Donna and several others from Edlred Township, in support of those appearing to protest a possible water extraction project there. Lots of scenic and beautiful country all around this area, and beautiful people too. People who help each other. The mention of the Jonas Bake Oven made me think of fresh apple pie, not bread, on this cool August day. How I look forward to baking that first pie of the season.

I have plans to visit the West End Fair, with some new friends I have made in Monroe County, and have a great time. Friends like Donna Diehl. What I've discovered in 6 months of visiting in the West End is that there are several others like Donna - people with big hearts who care about others and diligently work to improve the lives everyone in and around the community - especially the less fortunate. It is a blessing to have crossed paths with this community.

Thursday, August 11, 2016

Eldred Township BOS votes to meet with Citizens' attorney to discuss potential ethics and/or criminal investigations of possible conspirators related to failed Nestlé project

At the August 10, 2016 Eldred Township Board of Supervisors meeting, a motion was made for two of the three Eldred supervisors to meet with James Preston, the attorney who ably represented Citizens in the defense of their rights in the face of Nestle Waters/Deer Park attempting to rape Kunkletown of its most precious natural resource.  Mr. Preston is the attorney with the most thorough knowledge of the hijinx that is known to have taken place leading up to passage of the 2014 water extraction amendment.

The purpose of this meeting will be to explore possible legal and ethics complaints that could be made against those involved in the water extraction amendment illegally passed in 2014 - at least two years after Nestle first targeted the Gower property for its operation.


When questioned by an Eldred citizen as to what is to be gained by potential investigations, Supervisor Hoffman replied that it is unknown at this point - however, he believes that there is significant support in the community to investigate this course of action, and he feels it is his responsibility to do what the citizenry he represents wishes.  Kudos to Mr. Hoffman for listening to his constituents.

The vote was 2-0-1, with Gary Hoffman and Joann Bush voting "aye", and Mary Anne Clausen abstaining.  Ms. Clausen was new to the Eldred BOS when the amendment was passed on May 1, 2014.  Transcripts reflect that she attempted to understand and follow procedures, but to some extent relied on bullshit fed to her by those whom she had reason to trust.  Let's see - for example, like being told that the Eldred Planning Commission voted to approve the amendment change - a lie fed up in a dish for Ms. Clausen to consume in preparation for the April 27, 2014 CJER meeting.  Think Colin Powell on February 5, 2003, presenting "intelligence" on weapons of mass destruction to the UN, sourced originally from someone now know to be Curveball - a purported Iraqi informant but not vetted by Cheney's office.  Remember that Dick?

Who threw/are the "curveballs" in the Eldred Township matter?  Who manipulated the system?  A review of the posts on this blog provides a good starting point - make no mistake it is a cast of characters, not one individual.  The unknown person with moose-sized balls and suffering from the most intense state of euphoric crapulence of all called the Pocono Record and had a legal notice modified.  There is enough low-hanging fruit here to satisfy even the most voracious appetite.

In another official action, Eldred supervisors voted 2-0-1 (Mary Anne Clausen abstaining) to send a letter to landowner Rick Gower and Nestle Waters, again requesting that all 15 wells that Nestle drilled be closed - since Nestle's project is defunct.  Eldred's counsel previously sent a similar letter.  Nestle claimed in its reply that its lease agreement (never submitted to Eldred Township - only an agreement of intent was provided) with Gower provides for passing improvements on to Gower at completion of the lease, but Nestle did not obtain a permit so the lease agreement may be void.  Nestle stated that it intends to close 11 monitoring wells and the two production wells, per Gower's request to retain two of the monitoring wells for unknown purposes.

Note: there has been some confusion about the number of wells Nestle drilled.  The number 17 represents the total number of wells on the Gower property, and includes two pre-existing wells.

Monday, August 8, 2016

Landowner Gower requests to keep open 2 of 15 wells that Nestlé drilled at abandoned project site - for what purpose?

The PA DEP has a procedure for decommissioning wells.  It may be seen here.

Nestle drilled two production well boreholes and 13 monitoring wells (total of 15) on Rick Gower's property in Kunkletown - before they verified that their ill-conceived project even met the zoning - which their June 8, 2016 withdrawal letter announcing project abandonment acknowledged it did not.  Dumb and dumber.  Nestle stockholders should demand an explanation of this folly that must have cost a half million dollars and resulted in a failure to achieve planned expanded production at the (Allentown) Breinigsville, PA bottling facility. (note: number of wells above corrected on August 11, 2016)

Best laid plans for obscene profits shredded by Citizens of Kunkletown

On July 11, 2016 Eldred Township Solicitor Michael Gaul submitted a letter to Nestle Waters, requesting that the wells be decommissioned and that the results be certified.

On July 25, 2016, Nestle Waters counsel R. Timothy "we didn't call our water tanks silos to get around the zoning ordinance" Weston responded to Eldred's letter, indicating that landowner Gower has requested to keep wells MW-4 and MW-8 open.  For what purpose?

Well MW-4 is near the current shop location and a rationale for retaining it might be possible (though it apparently has not been supplied).  However, well MW-8 is 242' from the residence on the property, and located close to production well PB-1.  There appears to be only one reason to retain MW-8 - for the purpose of extracting water for use off-site, which is not a permitted use.  MW-8 should not be permitted to be left open.

Location of wells MW-4 and MW-8 on Gower property.  Production wells PB-1 & PB-2 are east of MW-8 and all three are located over the aquifer.

At the Wednesday August 10 Eldred Township BOS meeting this topic may be discussed.  Also on the agenda may be a discussion regarding Eldred Township submitting a complaint to the Disciplinary Board of the PA Supreme Court, in relation to Attorney James "let's do lunch Darcy" Wimmer's activities in relation to passage of the 2014 Eldred Township water extraction amendment.  This topic was discussed at the July 21, 2016 Eldred Township Planning Commission meeting, at which Planning Commission and Board of Supervisors Solicitor Gaul said the issue was "being explored".  There is no need to explore it - the facts have been known for several months.  Just do it.

Thursday, July 28, 2016

Landowner Gower's attorney attempts CYA move on day following Nestlé withdrawal with premature motion for summary judgment - and stipulation ending the appeal

"When you are confronted with a problem involving people - a problem that you don't understand, stop and ask yourself 'What is the nature of man?" V. Barlieb

On June 8, 2016, Nestle Waters North America/Deer Park withdrew its badly flawed application for a special exception permit to withdraw water from a property in Eldred Township.  The very next day (June 9) landowner Gower's attorney, who works for the same law firm as CJERP Solicior Fareri, filed a 115-page Motion for Summary Judgment in the Monroe Court of Common Pleas.

 A motion for summary judgment is appropriate when there is no dispute over facts.  It isn't filed before evidence is put into the record.  In this case, the dispute was still in the discovery phase.  Depositions had not yet taken place.  There wasn't a single piece of evidence in the record.  There is no way to know if facts are in dispute or not.  The motion merely contained a refined version of all the crap Newman Williams had filed to date - with unfounded claims that everything was done properly.  Why would this be filed, since Nestle was gone goodbye?  Why cling to claiming everything was done right when it obviously was not, and more importantly after Rick Gower had no more hope of Nestle lining his pockets and allegedly no longer interested in pimping Kunkletown's water supply?

Who paid for this premature, pathetic steamy pool of crap?  Granted, most of the 115 pages is exhibits.  But someone put it together so that it told the desired fable.  There in no way landowner Gower paid for this - he wanted out.  Why not wait for a stipulation?  This blogger's guess is that this is Newman Williams' last gasp to attempt to cover its ass, since its attorney represented Eldred Township as a CJER member in 2014, as well as today.  It was a clear conflict of interest for Newman Williams to agree to represent the landowner - one that would have become an issue if the case had proceeded.

Here is the premature motion, with annotations in bold debunking the claims made:



An interested party was pissed off by this absurd motion, and sent the attorneys of record and Judge Zulick a letter outlining why he thought it was absurd.

Update: Stipulation has been filed, ending the lawsuit with no possibility of another

This blogger's understanding is that Attorney Preston for the Citizens laughed out loud when he saw the utterly ridiculous Motion for Summary Judgment above.  It's hard to imagine what Judge Zulick thought when his assistant dropped this pile of garbage on his desk on June 9 - attorneys are advised to keep motions for summary judgment brief and succinct.  Newman Williams attempted to hold a trial in its motion - the exact opposite.  On July 18, 2016, a stipulation was filed, signed by all parties, settling the lawsuit without prejudice.  Newman Williams' Hail Mary didn't work, and is nothing more than a footnote in this sordid tale.  See the bottom of this post for an explanation as to why Mr. Preston insisted on a settlement "without prejudice".

The question is, will the bullies in control of CJERP now announce that CJER, its Solicitor, the Monroe County Planning Commission, and Planning Consultant Carson Helfrich all made serious procedural errors in the passage of the 2014 Eldred water extraction amendment?  This not a "local issue," as Jack Rader told an Eldred resident in February.  These organizations and representatives at the regional and county level failed Eldred Township.  Getting rid of so-called professionals is easy - kick their useless asses out the door, but CJERP and the Monroe County Planning Commission owe Eldred Township an explanation and an apology.  And Mr. Rader needs to wake the hell up - if you aren't blind, there is no call to act like you are.

Will CJERP continue to hide and let its Solicitor speak for it, with his patently obvious conflict of interest, and self-interest in not admitting errors that he made?



"Without prejudice" protects plaintiffs (Citizens)

The purpose and effect of the words without prejudice in a judgment, order, or decree dismissing a suit are to prohibit the defendant from using the doctrine of res judicata in any later action by the same plaintiff on the subject matter. The doctrine of res judicata (from the Latin, "a thing decided") is based on the importance of finality in the law. If a court decides a case, the subject of that case is firmly and finally decided between the persons involved in the suit, so no new lawsuit on the same subject may be brought by the persons involved. Therefore, the words without prejudice protect the plaintiff from a defendant's res judicata defense.