The residents of Upper Milford Township wasted no time in addressing the board of supervisors at the Feb. 6 Upper Milford Township Board of Supervisors meeting during public comment regarding a request for relief of permit fees for existing pole building inspections.

A bill was listed at $1,116 for services provided by Key Codes to inspect the Upper Milford Western District Volunteer Fire Company building. Manager Bud Carter said the building needs to be inspected. Allen Brokate, zoning officer and building inspector for Upper Milford Township, is certified to do residential inspections and the Upper Milford Western District Volunteer Fire Company building is classified as a commercial building.

As a result, Key Codes was secured to complete the inspection. Residents inquired if Brokate is being paid as if he is certified to do inspections for both residential and commercial properties.

Supervisor John Zgura asked how this issue can be alleviated for the future. “Should the volunteer fire company be paying for it (the bill)? We are paying for it with taxpayer money.”

Planning Coordinator Brian Miller noted the building is zoned as rural/agricultural and will need commercial inspection. Resident Cole Ashbrook asked if Key Code is getting paid $1,100 every time (for each inspection) and added, “Sounds like we are making Key Code very rich.” Carter responded, “It depends what we need them for.”

Supervisor Angela Ashbrook said she would prefer items like these be given to the board two months earlier (before the inspections are done) rather than dealing with the bills after the inspections are completed. Carter and Board Chair Dan Mohr both acknowledged they (Western District) knew the building would have to be inspected.

The question of Americans with Disabilities Act compliance also surfaced in the discussion. Ashbrook asked about the number of permits Brokate sends to Key Codes in a year. Secretary/Treasurer Jessie O’Donald said Brokate handles the electrical, building and zoning permits except for commercial and that approximately three per year were sent to Key Codes.

Ashbrook asked if it would be cost effective for Brokate to become certified in commercial inspections and O’Donald said it would be better to pay Key Codes. “If something goes wrong,” O’Donald explained, “it is on them for liability.”

Mohr appeared to agree with O’Donald that if it is only three or four inspections a year, then it might be in the interest of the township to maintain Key Codes as the commercial inspector. Carter noted bills for these inspections would come from the general fund. According to Carter, if Western District would have wanted the payment to come from their own fund, they would have made the request for the bill to be taken from their own fund and not the general fund.

After a lengthy discussion, Zgura made the motion to pay the $1,116 bill from the general fund and Mohr seconded it. The bill was approved. Cole Ashbrook called the approval “grossly” negligent.

In new business, the board approved Resolution 2025-021 which is the Lenape Park Phase 2 Grant Application. Resolution 2025-022 involved the tax collector compensation for 2026. Carter proposed an 8.5% set from the previous meeting. Ashbrook said the Berkheimer contract is set under $10,000.

O’Donald was concerned no one would be at the township office to take tax collections if Berkheimer is used. Zgura described a “significant difference” between 3.5% which is approximately $16,000 and 8.5%, which is doubling money for the tax collector. O’Donald explained seniors who want the tax rebate will have to travel to Sixth and Hamilton streets in Allentown to see the Berkheimer tax collector who is only there two days a week.

Carter interjected this avenue is only needed if no resident in Upper Milford runs for the elected position of tax collector. Mohr said Berkheimer makes money on late fees. Ashbrook admitted she is “on the fence” recognizing the value of having someone in the township office, but also feels like the township “keeps reaching for the highest or most expensive” option.

O’Donald said she did not think money would be saved in the long run and many people prefer to pay in person. Mohr noted “we do not have a choice unless someone runs” (for this elected position). Mohr hopes one of the residents will see this as a good job opportunity.

Cole Ashbrook clarified to the board you can still have an elected tax collector and still make use of Berkheimer. Approximately 3,639 parcels are listed for Upper Milford Township. Approximately one-third of these pay at the township building and have multiple properties, according to O’Donald. Solicitor Marc Fisher said “if someone is elected then Berkheimer is out. If nobody runs for the position, then the board can go to Berkheimer.” Ashbrook reminded the board “we have a choice about compensation.”

Resident Phil Casey recommended keeping the rate of compensation the same or lower and having Berkheimer as a backup. Casey figures approximately $15,000 could be saved which could then be used to pay the permits from the earlier discussion. But what about residents who want to pay in person? Ashbrook said as the population changes, most people are used to paying online.

O’Donald reminded the audience the township needs a legally qualified tax collector which means the individual elected must take classes and continuing education classes in tax collection. If Berkheimer is used, this person would then “deputize” Berkheimer to collect taxes. The board agreed to set the wage and if nobody runs for the elected position of tax collector, then they will utilize Berkheimer.

The tax collector is an elected position for four years. The law allows for 5% commission. The individual works whatever hours are necessary to meet the tax deadlines. The individual must be a resident of Upper Milford Township. Interested individuals can contact the township office for more information.

The topic of earned income tax was brought into the discussion by Casey. O’Donald explained EITs are not paid in person. Human resources and employers take care of EIT and it is taken directly out of one’s paycheck.

After a long discussion, the board approved a 3% tax rate compensation. Zgura made the motion and Ashbrook seconded it. The tax collector compensation for term 2026 will be set at 3%.

In other new business, the board approved to share the park and recreation survey for data collection. The park and recreation plan needs to be updated for 2025. The survey will be shared publicly in the township newsletter and social media platforms in April.

Also, the board acknowledged receiving a letter from Joseph Terrible, secretary of the emergency services committee, regarding the truck purchase for Citizens Fire Company.

Resolution 2025-023 was approved for the conservation easement at 6730 Woodlawn Drive as well as the open space referendum in the amount of $83,199.32 for easement.

Lauren Haponski was appointed to the recreation committee through Jan. 5, 2026 to replace a previous resignation.

The board approved advertising for road bids per a letter from Kyle Walbert.

In new business for the planning commission, the board approved to continue with the plan at 4140-4170 Marion Place. They also agreed to an extension for Zionsville Bible Fellowship through June 30. It was also approved to send a letter of thanks to Emmaus Borough for the subdivision and land development review.

The final discussion of the night was another extensive one regarding the request for another extension for Kay Builders at Fields at Indian Creek through March 1, 2026. Residents of Kay Builder projects at Jasper Ridge were present to share their frustrations with this builder. Fisher shared that in newer agreements with Kay Builders such as Twin Run, it is written into the agreement a representative will need to be present at meetings in which extensions are requested.

Unfortunately, in the older agreements for Fields at Indian Creek and Jasper Ridge, this is not the case. Residents of Jasper Ridge shared their frustrations of living in developments over five years old and the street paving is still not done and the trees are not planted.

Numerous residents asked the board why they keep getting extensions and the work is not completed. One resident who did not want to be named said Kay Builders continues to get extensions and little to no work is being done. She asked, “Are they being held accountable? Why isn’t there a push to pressure them to get this done?”

Another resident who has lived in Jasper Ridge for five years noted Kay Builders fixes something, then it is done wrong. She is referring to the sidewalks that were completed but cracking. Three different residents on Benjamin Court, Stole Road and Mink Road each said sidewalks were put in, but cracked and needed to be replaced. The resident on Mink Road appeared happy his sidewalk was replaced before “they just up and left.” The other two residents are still waiting.

The board’s extension will force them to wait possibly another year through March 2026. A resident of Jasper Ridge said she is “embarrassed about how awful the streets look.”

Carter reminded the board it is their decision to provide the extensions. Ashbrook wanted a September deadline while Zgura wanted a December deadline. Mohr wanted to give them longer in case of bad weather but Ashbrook countered they “keep putting it off.” Zgura commented, “(If we have to) we go to court if they are not finished. I’m getting tired of this.” Residents have shared their complaints with the Better Business Bureau and the homeowner’s association. They get no response from Kay Builders.

The Press reached out to Rick Koze, president and owner of Kay Builders about the five unfinished projects in Upper Milford Township. Koze provided this statement, “The homes were finished in 6-9 months. We are working on the punch list in spring and summer. Get the facts.” He claims these complaints are “totally inaccurate.” He also noted no request was made by Upper Milford Township to send a representative to their meetings and there is “no point in going” as the project will be finished “next year.” A punch list is a list of any remaining work items that need to be completed before a construction project is finished and payment is issued.

The question emerged as to how developers can have multiple unfinished projects in the township? The board said state regulations and loopholes permit developers to create projects under different names. Email and phone communications were made to state Rep. Gary Day, R-187th, for comment on these state regulations but no response was available at this time.

Fisher interjected to remind the board to focus on the agenda item which is the extension for Fields at Indian Creek and to deal with the private concerns of the residents of Jasper Ridge as a separate issue.

Cole Ashbrook told the board “to find a way to make it (the deadline) stick. Get tough on them and take them to court.”

The current Fields at Indian Creek extension is through March 1 and the Jasper Ridge extension is through June 30. Carter acknowledged there is a financial gain for the builder to complete the project. If a builder defaults, it impacts the credit score to secure future bonds/loans. Fisher also noted the builder must be found in default and the lender would also need to agree to the default. Zgura asked this extension request be tabled until the next meeting and to place a request to have a Kay Builder representative attend the meeting.

Mohr thanked public works for trimming the trees and adding the additional stop sign at the intersection of Mill Road and Vera Cruz Road. This prompt response hopefully improves the safety at this intersection.