I agree it's politics as usual, but not by the commissioner's but by Rust and his gang at citizens for change and the friends group. Looks like Rust's motives all along have been political and the fact he had the audacity to reapply to be reappointed to the zoning board shows his arrogant attitude toward citizens knowing full well how political and divisive he and the friends have been all along, and how much he cost taxpayers (nearly $100,000!). You may not want to question Rust's integrity, but all one has to do is a quick google search for "Bob Rust east penn school board condemnation" to see that his interests aren't with property owners or citizens of LMT but with his own political agenda. He's been at this type of thing for years and has a history of politicking and divisiveness. Looks like history is repeating itself for him (you're too young to remember his actions; he cried "political payback" back in the late 1980s when he didn't get reappointed to a similar board at that time). Commissioners made the right decision by appointing Higgins. Rust needs to retire.

JT what did Bob do wrong on the zoning hearing board? That was the position he was dumped from. Also, could the $100,000 have been avoided if the Commissioners would have properly advertised the zoning change and went forth at a different pace with public imput? Third, should the citizens of Lower mac. not be concerned with increased flodding, increased school enrollment and school taxes, increased traffic in areas that cannot sustain it and the future tax ramifications when we have to deal with all of the infrustructe needs associated with over development at a future time?

Hey JT. Considering a recent Patch poll found 80 % against the zoning change and we easily got 1000 petition signatures against the rezoning, I would say the commissioners' decision to make a secret zoning deal is what is costing taxpayers $100,000, not the people opposed to the zoning. Without a doubt it is this current Board, not Rust or Friends of CFC, whose interests are not with the citizens or taxpayers.

Rust brought, and won a lawsuit on behalf of citizens who opposed the zoning change. LMT spent $100,000 to defend the lawsuit, and they lost. Now the BOC is spending taxpayer money to appeal the favorable decision that Rust won in the Court of Common Pleas zoning appeal case. The citizens are getting hit twice—their taxes are being used by the Commissioners to bring the appeal, and, they have to raise private money to fight the appeal. The Commissioners insist on appealling despite the strong opposition voiced by over 1000 people who have signed a petition opposing the Commissioners’ committment to appeal the favorable decision that Rust won in court.

The petition states in part:

“Lower Macungie Township Commissioners voted to spend taxpayer funds to appeal a recent court decision, thereby acting in the interest of the Jaindl Land Company and development plan and against the interests of township residents.”

So let’s get this straight, JT. The problem is not that “Rust and his gang at citizens for change and the friends group” are being "divisive" as you say. The problem is that the commissioners, their lawyers and Jaindl are acting in their own self interest without any regard for the will of the citizens who they are supposed to be representing.

JT - In regards to the 100,000, yes a real shame this taxpayer money was spent on legal issues. But as to who is responsible? Well two ways you can look at this. One as Carol said, the citizens represented by Rust won. Rust represents the appellants not friends. Let me say that once again, the citizens won. Judge Varricchio ruled in their favor, therefore vindicating the very appropriate lawsuit.

Secondly, from what I understand it was made known at a point when the BOC could have changed the trajectory of the way this was handled from the secretive meeting route, to handling it in the sunshine and with a public debate on Quarry vs. Warehouse, that this lawsuit was on the table. They were made aware this was coming if they continued the path they were on. And it was not a bluff, as some would call the Quarry. This along with point where the BOC CHOSE to appeal Judge V's decision were two critical moments where our officials made decisions knowing taxpayer money would be spent/wasted.

At the critical juncture of deciding to appeal, friends was fully prepared to laud the BOC as heroes for making the right choice. For restarting the whole process from the start with public input, studies and most important out in the sunshine. Heck the end result could have very well been the same if the PUBLIC felt the quarry plans presented could have ever been built to that massive of a scale or if accepting warehouses did make more sense then fighting a quarry altogether.

My hunch is JT is one of our illustrious commissioners in disguise...just sayin'

When are you "friendemenies" going to stop acting like you run the township. I've been following the case and you all should be embarrassed about how much you money you have caused the taxpayers. It 's one thing to be proactive in your beliefs and another to just cause damage not only to the township itself but to us as its citizens. Funny you all say "secret" negoitations but your own zoning hearing board found that the commissioners DID NOT do anything illegal or in secret. So, do us all a favor with your constant bashing and harping and put your time and energy into something that could really benefit your neighbors like come together in peace and work together to protect and preserve our community.

Are you?? Sounds like the commissioners acted in a way that would protect ALL of its citizens, not the select few dozen who would be angry with ANY result. Again, your comments are destructive and not constructive. Move on:)

Protect our community from two things:
1. Government intrusion on property rights
2. Devastation from a 700 acre HOLE in the ground that does nothing for our community.
At least we get a pretty big public park out of the MOU. Regarding dissenting views--you represent the dissenting view on this issue.
YOu may have gotten a 1000 signatures, but who knows what you are telling these people to get them to sign. If someone came to my door, asking me if I would like to help preserve farmland...(Without knowing all the fact, which I am sure you purposely leave out all the details), I would say YES!!!

And thats quarry vs. warehouse, which as I said don't think would have happened. And if so, the township could have fought. Something I believe the taxpayers would have felt worthy. But thats quarry vs. warehousing. There is also an argument to be made regarding high density housing 700 more town home or condo units and it's impact on EPSD. If it is Penns West like, or Annandale like these developments are kid factories. Starter homes sub divisions that churn out enrollment year after year. A municipality and it's zoning code has a responsibility to the school district I believe. Some make the argument LMT is directly responsible for enrollment issues in EPSD I believe.

You're wrong and ought to stop talking like you are a know it all. Jaindl's property rights were in question....he bought the land with the right to build a quarry and commissioners took that right away from him a few years ago. You're also wrong about what you're implying about the park in the floodplain...you can put a park in the floodplain and there's plenty of space for a good size park system. Ask your friend lanscek, he helped come up with the plan and thought it was a good idea. Oh wait, you don't know where he stands on the issue. sorry. And I am sure you will have to respond to this last statement, Mr.Beitler...as you MUST have the last word:))

Wrong again. commissioners took away his right to build a quarry a few years ago (sometime in 2009).
1) I care about flooding but the friends imply any new development will cause more flooding. That's not true. regulations exist to deal flooding. i bet regulations are better now than they were a decade ago when the real development boom came to LMT.
2) even if all 700 homes were built (which I seriously doubt will happen), it's a really small percentage of the already existing homes in the epsd..so crying that this project is the root of all evil is wrong.
3) jaindl has to address traffic if he builds anything, you know that.
4) yes.
5) you know and so do the friends that studies arent required to change zoning, studies come later
6) even the judge agreed residents got notice...the judge only said a few more words should have been included.
So, I think you should stop with all this grand standing, blowing things out of proportion cause it makes you feel good about yourself. It actually sounds like everyone complaining on this blog hates LMT. If that's the case, why live here?

I see you avoided all of the PA requirements for the quarry statements so very well on with the rest of it.
1) Jaindl's develompment near the 222 corridor is unopposed because it is not next to the Little Lehigh. The friends group does not oppose all development. That is development away from a major waterway with the roads to deal with it and it may bring economic development: Bravo! Look at Willow Lane Elementary School just down the road. Ove 30 kids in some 1st grade classes. Is that somebody else's problem? That's a new school marand. Not sure what makes you think Jaindl has to address traffic or anything else. He seems to be able to get around zoning so traffic should be a breeze. Look at what he pulled in Upper Mac. Twsp. Studies may not be required by law but the twsp. in the interest of its citizens certainly could have required them for this project. I think they got bullied for one and were also given bad advice by their their legal folks. That's understandable. What stinks is that they continue to dig their heels in. And this treatment of Bob Rust is completely absurd which was the pt. at the beginning of this discussion.

Also, not sure what this crap is about taking away the quarry rights. Jaindl himself said that it remains a viable option if the deal does not go through. If the land goes back to ag. he can try to build a quarry. The BOC took that away by changing the zoning but that has been defeated in county court which of couse is being appealed.

point is, there's a few sides to this issue. your group has been consistently nasty with their comments and involvement. turns off a lot of people. I like living in LMT, your group should be trying to help promote it, not tear it down.

Promote it? You mean encourage people to move into a township that gives no credit or thought to what it's residents feel will be a bad idea? Encourage new people to move into a township that basically is telling the residents it's our way or the highway? This township does one thing well, it keeps it's residents on the other side of the door when the important decisions are being made that will affect us in the future. Not sure why I would promote a township that holds its residents hostage to their ignorant decisions. I am sure I'm definitely responding to one of our illustrious commissioners though, especially when you can't reveal your real name

A quarry is a viable option, not the best use of the land but a viable one, much better than a 700 acre developed, new school causing, traffic congesting, property devaluing, monstrosity. Just what we need another mega warehouse. The one thing I do agree with Marand that new development would not add to the flooding and would most likely make some of the areas actually better. Discharge rates with Act 167 would make them handle all of the existing storm water plus any new water that they would generate. Also with the new MS4 regulations around the corner if the commissioners don't make Jaindl pay upfront the taxpayers are going to have some huge bills coming there way.

Robert, I think you give the commissioners too much credit at the end of your comments. While it sounds smart to all of us that jaindl should pay these fees up front , it's very clear with all the past proceedings that the commissioners have a different agenda to this entire process. If I'm not mistaken, three of the commissioners are in line to make a hefty amount of money from this development just by being on the payroll of one of the biggest realtors in town, the same realtor working with jaindl to get this property developed That alone tells me and many others that these commissioners will make jaindl any promise they can to get his work, including sticking it to the tax payer once again.

I guess I am talking on how it should work. beings a Supervisor in UMT we pride ourselves on how transparent everything is in our township. Just scares the hell out of me, what this thing is going to look like in the end, and the impact it will have not only on the residents of LMT but all of the surrounding communities. I am sure that a traffic study will reveal that more traffic lights are needed, and that only causes more gridlock during peak hours. Say good bye to your nice suburb's.......

Need some CORRECTIONS : None of the commissioners works for a realtor who is helping Jaindl develop his land. Comm. Ron Eichenberg works for the Frederick Group Realty Co. and this group has done business with Jaindl in the past but there is no evidence that the Frederick Group is working with Jaindl on this project. Comm. Ryan Conrad is CEO of the LV Realtors Association and there is no evidence this group is associated with this Jaindl project, and Comm. Roger Reis is a realtor with another realty company with no apparent connection to Jaindl. All of that is not to say that these three commissioners, as professional realtors, would naturally prefer to see this land developed.

As for stormwater, the Jaindl project would definitely worsen flooding in the Little Lehigh Creek during real heavy storms and hurricanes. State regulations only require rainfall from a two-year storm (about three inches) to be kept out of the creek. Anything more is allowed to discharge directly to the creek. This was verified in a letter from the township engineer to a Brookdale resident concerned about flooding. Every stormwater detention basin shown on the preliminary Jaindl subdivision plan shows overflow outlets directly to the creek.

Scott don't they have to meet ACT 167 requirements

http://www.stormwaterpa.org/assets/media/regulatory/02%203930-PM-WM0035.pdf
NPDES permit
appendix B page 11, first 6 questions. how are they going to get by this one ??

Yes they must meet Act 167 requirements, which now include water quality controls. But check the Act 167 ordinance for the Little Lehigh Creek, (google Act 167, Lehigh County) All Act 167 ordinances in the state are limited to controlling the two-year storm, which is the state requirement. The Little Lehigh Act 167 ordinance calculations all refer to the two-year storm, which is three inches of rainfall in a 24 hour period. A developer can only be forced to hold back water from a two-year storm. Anything more can go directly to the creek. I think it has always been this way.

Gotta disagree with characterization of Friends trying to "tear down the community" thats absurd. I meet with dozens of people in the group regularly and hundreds more through friends email communications. What I see is the opposite of that. These are people deeply invested in the area. People that deeply care. Which is why they simply won't "go away" when they see injustice in terms of a decision being rammed through a process without the chance to be engaged. With this zoning change citizen input should have been solicited not only to the bare minimum requirements of law, but above and beyond. As Robert stated, quarry is not the best option vs. remaining farmland. But Quarry vs. Warehousing? I'll take a Quarry on the scale that would have actually been built without a doubt. Actually all many people really want is to have had a say. In local gov't you don't vote to send commissioners to represent us in far away places like Harrisburg or DC. Locally citizens should have significant input in community decisions.

Mr bieber you will never convince anyone that those three realtor commissioners don't already have their hands dirty in the jaindl cookie jar, I'm not that stupid.

Isn't some of the Jaindl land at Quarry Lane the same property that the EPSD school board, with Rust as president, condemned shorty after it was zoned down nearly 25 years ago?