The Fed Ex Hub

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Yesterday an article in the Morning Call was accompanied by a heartfelt video of residents opposing the mega-project. I’m familiar with these kinds of stories living in Lower Macungie, but I stop short of feeling bad for these folks in this particular case.

Let me re-phrase that. I do feel bad. Folks are hurting because their lives are going to change. Warehouses destroy surrounding neighborhoods. That’s reality. But I don’t feel bad in the same way as I do for residents of Lower Macungie who now face more warehousing in the western portion of our township.

There is a huge difference….. Why? 

In Allen Township land was earmarked for industrial development for years. The couple in the article purchased their home 2 years ago. When you buy a home near a highway in the northeast and your surrounded by farms the first thing you do is head to your local municipal building and check the surrounding zoning. Then you check the regional zoning and comprehensive planning. If it’s zoned Industrial, think long & hard about the investment your about to make.

Lower Macungie is different. Here I do feel for the residents who were screwed. And I’m sorry for that language but there simply isn’t a better word.

Why? The Jaindl property was zoned agriculture protected for well over 2 decades.

The warehouses are a direct result of wholesale rezoning.  For over 2 decades 700 acres of prime farmland was planned and zoned to be prime farmland. If you bought a house off of Mertztown Rd. or in Heritage Heights 10 years ago and did your due diligence researching surrounding land uses you would have found that your backyard was permanently protected.  In fact, preserved both through zoning and not one but two regional plans.

Property rights are a two way street. Yes, landowners have rights. But zoning protects your neighbors rights. Your neighbor can’t do things that affect your home value outside the scope of what’s allowed in zoning.

If you live in a residential neighborhood someone can’t decide to build a strip club next to you. Not without you knowing it’s a possibility. 

So yes, I do feel bad for the folks in Allen Township because their neighborhood is changing for the worse. But in the end, they should have known. They should have done the research. Here in LMT folks who did the research were screwed.

Local Govs owe it to residents to be up-front what the future holds for certain neighborhoods. People who bought homes in the western neighborhoods are not millionaires. They are everyday people who made the biggest investments of their lives. We owed it to them to protect that investment based on fair and reasonable expectations. Officials in LMT failed.

 

Kratzer farm sale stopped

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Kratzer-Barn

At Monday’s re-organization meeting during old business I asked for an update on the Kratzer Farm sale. The Township Manager informed the Board that the subdivision was yet to be filed. After hearing the update I motioned to stop the subdivision process therefore stopping the sale of the house. This is consistent with my position as a candidate and resident over the last year plus.

Kratzer Farm Information

The original vote to sell the house was far from unanimous passing narrowly 3-2. Two of the primary drivers of the sale Ron Eichenberg and Roger Reis were defeated in the Nov. election. On Monday the motion to stop the sale passed 4-1.

I look forward to putting the fate of the house, barn and driveway back into the hands of our Parks Board, Planning Commission and EAC. All 3 volunteer boards opposed the sale at this time. The 1.5 acres is located in the heart of the park.

My hope is that the house and barn are examined as part of a full comprehensive plan for the 88 acre farm and park. If and when it’s determined that the house should be sold then those funds should be used solely for park improvements. That money should be reinvested into the Kratzer farm/park. It should not be rolled into the general or capital budget. I do not support balancing budgets with the sale of assets. This is not good financial planning as there are no guarantees that certain properties will sell at an appraised value. Counting on money before you have it is bad policy when it can be controlled.

 

TIFS & Jobs

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Organic, Incremental land development is always more desirable then the “magic bullet” project. The same can be said about job creation.

I’ve written alot about the Hamilton Crossings TIF. I’ve tried to keep the land use issues separate from TIF funding issues. At first from a land use perspective I felt it was a good project based on assurances of quality, context, function and form. Then the project slowly started to devolve. Today, it is a very large strip mall. Albeit, one with bells and whistles. Unfortunately, a smattering of bells and whistles doesn’t make a strip mall a town center lifestyle complex. Definitely not one in the mold of the promenade. Which is what we were promised in exchange for the township supporting a more intense/dense project.

We’re not getting what we were sold and that remains a problem. Assurances of quality were what made the TIF pill easier to swallow. If I were a County Commissioner looking at the topic my vote would be ‘no’ as the project stands today. First the infrastructure improvements need to include a limited access interchange. That’s the logic for the TIF. That the infrastructure improvements are a benefit to the whole region. We’ve got to get rid of the lights on the by-pass. Penndot at one time recommended a “skinny diamond” interchange. What happened to that recommendation? The Bypass needs to be a road moving cars quickly from point A to B while old Hamilton needs to be allowed to flourish into a Main Street. Streets are value capture mechanisms, roads move cars. We can’t afford to build side by side STROADS. Secondly, the project needs to represent what we were sold. There is a tax abatement in play and the public deserves to get what we were promised when the developer was trying to rally support.

Today, I want to talk TIF a little more. Specifically TIF’s and job creation. On patch this afternoon someone made a comment about the jobs. Fair enough. I hear that often. It’s an interesting conversation. I have some problems with the general argument and I’ll lay them out here.

There have been some good studies done on TIF’s and job creation.  Yes, TIF creates jobs. The problem is no one ever looks at the “but for” factor. What that means is if job creation, and economic development would not happen BUT FOR the existence of a TIF district then yes, proponents of TIF’s have a very good case. Where proponents logic is flawed however is that as soon as you look at the “but for” factor you quickly see that the studies that do take it into account very clearly show that most communities still get the economic development without the TIF. Especially ones with the strengths and desirability of LMT.

So while we might not get the big strip “Costco” mega project at THAT particular location without TIF, we definitely will still get continued job creation and economic development here in Lower Macungie. Why? Because we’re an attractive community for employers at a strategic location. We have developers literally filing litigation to get zoning changes to be able to build here. That’s how desirable our community is to employers. We have 1.5 million square ft of warehouses coming. 100’s of 1000’s of square ft of commercial development coming. Nearly 1000 more homes in the pipeline. Trust me, if Hamilton Crossings doesn’t build someone else will. Even with the mine wash issues. Someone will build. No one in their right mind can say we don’t have a very healthy amount of economic development here in Lower Macungie.  If you take into account the “but if” factor when considering a TIF for LMT the results are very clear. Yes, TIF’s produce jobs. But we’re producing jobs here in LMT without TIF’s. So how isn’t this picking winners and losers?

Exhibit A – I want to wait until this set in stone cause it’s so exciting. But presentations have already been made at public meetings. It’s safe to say there is a large company about to buy the Daytimers building. They want to bring nearly 200 great paying manufacturing jobs. Guess what? NO TIF NEEDED. Job creation will happen because we’re an attractive area. Not because of gov’t tax abatements. 

 

Related articles across the web

Rt. 100 Rezoning Request – LVPC response

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On tonight’s BOC agenda there is a letter from the Lehigh Valley Planning Commission (LVPC) regarding a rezoning request on a parcel at Rt. 100 and Quarry Rd. This is across from Ancient Oaks West. It’s currently open space, actively farmed and has been zoned agriculture protected for over two decades.

In the letter the LVPC states a request to rezone the tract from Agriculture Protected to “Highway/Neighborhood Commercial” is inconsistent with regional planning. I agree. The LVPC plan is not binding but as a Commissioner I value it’s recommendations. The BOC should only deviate from the plan when there is good reason.

Right now there are none and we have no obligation to change this zoning. Today, the Rt. 100 corridor still has a rural vibe. There is no reason why we can’t protect that character. It’s why we’re such a nice place to live. The only reason I can think of where it might make sense to take a look at this area is if and when the school district ever decides to build on it’s 98 acre parcel. Even then we have to be very careful what we zone here. Commercial tracts have major traffic implications. No one wants to see Rt. 100 become gridlocked as has happend in Upper Macungie. Even then, the right decision may be status quo.

Survey from the parks & open space comp plan – “By a large percentage, [Lower Macungie] residents support open space preservation with over 71% of respondents indicating that preservation of open space is important or extremely important, and over 59% saying it is extremely important. From the extent of comments, it is evident that, to many residents, open space preservation is one of the most important issues in the township.”

Clearly, an arbitrary rezoning of this parcel would represent a slap in the face to residents who just removed two seated Commissioners largely on the basis of poor rezoning and land development choices over the last 3 years.

Personally, I would like to see this parcel and those adjacent to it permanently preserved via a mechanism that fairly compensates the land-owners such as an open space referendum or a transferable development rights program. AP zoning is not a good mechanism for protection as it is political in nature. If a board comes into office that doesn’t value open space protection it can be repealed. I believe in permanent and fair solutions where landowners are voluntarily compensated at market value.

Here is the LVPC letter.

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Lower Macungie Christmas tree pickup, recycling information & dates

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Did you know that here in LMT when waste management picks up your Christmas Tree it is taken to our yard waste center for recycling?

ChristmasTreeRecycle

Why Recycle Christmas Trees: 33 million Christmas trees are sold in the U.S. every year. Compared to artificial trees, real Christmas trees are a renewable resource. 98 percent of trees are grown and harvested each year as a crop. 1000’s of locally owned and operated tree farms across the nation are supported. Real Christmas trees are carbon neutral and create biodegradable waste, making them the greener choice! It’s still important to keep Christmas trees out of landfills where they biodegrade slowly due to low oxygen levels. Here in LMT we’re doing our part by recycling trees into mulch/humus which is then available for pickup by residents at our yard waste recycling center.

Here is pickup schedule for Lower Macungie:

  • Christmas trees will be picked up by Waste Management on your normal trash collection day (by separate truck) during the weeks of January 6th and January 13th, 2014.

Remember: Trees will not be accepted if they are in plastic bags, bound with twine and/or have any ornamentation on them, including lights. 

  • If you wish to remove your tree earlier: They can be taken to the Yard Waste Recycling Center at 5536 Indian Creek Road. The same rules regarding ornamentation apply. Township website, www.lowermac.com has hours of operation.

*Note: Christmas wreaths cannot be placed out with your tree or brought to the Yard Waste Center. Wreaths should be placed in with your trash.

 

Allentown incinerator thoughts…

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Proposed 48,000 square-foot waste to energy facility.

Proposed 48,000 square-foot waste to energy facility.

There is a school of thought that the Delta-Thermo trash incinerator deal is not only a bad deal for the city, but also a bad deal for all the suburban communities. This includes Lower Macungie, Macungie and Alburtis, who may pay a little bit more to send their wastewater to the city sewage treatment plant. Over the past year the deal has generated alot of opposition within the city but not as much outside even though the deal definitely will have some effect on suburban communities. (It’s how some believe that in Allentown this past Nov. an underfunded independent challenger did alot better than expected against a well funded incumbent Pawloski who has a ton of name recognition.)

The increased cost is because of LCA’s new obligations since leasing the Allentown Water and Sewer System. Since LCA provides sewer service to these communities, it’s safe to assume rate-payers will shoulder cost increases associated with the Allentown deal.

The city agreed to pay Delta-Thermo an exorbitant premium to burn the sewage sludge in the incinerator, which was necessary to make the incinerator project financially feasible. Now they passed on the costs of sludge disposal to LCA. Sludge is a byproduct of the sewage treatment plant. The city currently pays to dispose of sludge in landfills. When the Lehigh County Authority won the lease to operate the city’s water and sewage system, it also inherited the deal to sell the sludge to the new waste to energy incinerator.

This is more expensive and the LCA will pass on this extra cost.

So just remember when you finish your business you’re also helping Allentown’s Mayor and Democratic gubernatorial hopeful. Also worth a couple minutes to Google Marcel Groen. He is a Democratic kingmaker apparently who is an investor in the incinerator and also an advisor to the Mayor’ gubernatorial campaign. You’ll find some noteworthy connections.

 

The 1st Amendment.

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The Duck Dynasty “controversy” is the hot button topic of the nation. To me it’s simple. Phil Robertson’s 1st amendment rights were not “violated” and to say so reflects a serious misunderstanding or worse blatant distortion of the constitution.

Let’s review: The gov’t did not arrest or restrict Robertson. The FCC didn’t fine him. He wasn’t prosecuted in a court of law for speaking his mind. What happened was an employer reacted to statements made in a public forum. This is fair since Phil is a public figure and A&E is a private company.

A&E paid (pays?) him handsomely to be in the public realm. It’s a choice to accept a job as a television personality. After his remarks, A&E made a business decision that his remarks could hurt their bottom line. Last I checked a cable network can’t restrict 1st amendment rights, they can only choose not to give that person a platform. When your in the public realm your subject to the free market. If your an athlete, television star, politician, musician ect. ect., your position hangs on public image. Those who support you and pay good money for a product have every right to choose not to support it based on your public persona. This has nothing to do with the 1st amendment.

It’s similar to the Gilberton issue. Yes, “Chief Kessler” has the right to make an ass out of himself on youtube. But the town, it’s residents and elected leaders have the right to not be represented by a clown. So they suspended him. They exercised their rights.

Time will tell if A&E made the right decision. In the end it may have been a bad decision, but it was their business decision to make. The government didn’t interfere with individuals deciding what they think is or is not offensive. The gov’t doesn’t decide who should be rewarded in the public realm. In this case viewers and sponsors do. The gov’t shouldn’t interfere with the market. If enough people were offended by Robertson’s remarks then A&E’s decision would prove correct. Only time will tell.

The 1st amendment protects us from the gov’t making laws that restrict free speech, the press and freedom of religion. A&E is a private company with the right to hire and fire.  Robertsons ‘rights’ weren’t restricted by Gov’t. Today, this very second Phil still has the right to say whatever he wants.

The storm of reactions implicating some sort of 1st amendment issue represents a lack of understanding about what the constitution is and isn’t. It’s alarming when politicians take part. People like Sarah Palin choose words carefully to strategically fan fires for gain. It’s pandering. I’ve come to expect that from Palin but was disappointed when someone like Bobby Jindal jumped into the fray. 

Someone nailed it in the comments in the Bacon’s rebellion post below… “How can you be an elected official who supports the Constitution and get it so seriously mixed up with free market businesses?”. To me that is scary. When we have issues where the constitution is slowly morphing (principles of federalism, the ACA, bottom up gov’t) we need Republicans who understand the document they claim to protect. When politicians choose to distort it and it’s principles for personal gain you hurt the Republican brand.

Other good reads on this topic:
Phil Robertson and A&E Fight Not About 1st Amendment, Expert Says

Bacon’s Rebellion

 

Lower Macungie BOC Agenda Preview 12/19

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FYI – This is a practice I started and will continue as a member of the BOC. In these previews  I may indicate a voting inclination, but it in no way means my mind is made up on any issue. During a critical hearing for the Jaindl issue, a Commissioner once spoke before public comment outlining he was voting to move forward the project regardless of what people said during public comment. That was wrong.

My hope is by doing this I open the door for conversations before public meetings. One of my biggest issues with the Jaindl debacle was people didn’t truly understand what was happening until it was “too late”. I plan on doing everything I can to make sure residents have background information and then my thoughts on issues before they come to a vote  in front of the board. This is one mechanism to do that. I hope people find it useful. Please contact me at ronbeitler@gmail.com if you have any questions about any issues.

12/19/13 Complete agenda with detail

NOTE: This will be the first BOC in the new meeting room. I have mixed feelings about this. Yes, it is beautiful. And most of the work was done by township public works staff. And they did a fantastic job. And yes, I think it includes much needed improvements to our Audio Visual setup. These are important since they allow better participation for residents during critical hearings and approvals. Especially ones dealing with land development plans. I firmly believe residents should be able to see what commissioners  see during hearings. The new room has a giant monitor just for this specific purpose. Additionally the recording equipment was updated.

Where my mixed feelings come into play is the giant (and I mean GIANT) new Dias. I do not think this was needed and felt moving the old Dias to the new room (previous ballroom) would have been sufficient if this would have resulted in cost savings. I do not think we needed additional seating and further I actually prefer volunteer commission meetings to take place in more informal settings. I think the formality of the room in some ways creates a barrier to participation. If I had my way, the pulpit would be removed and residents could speak (when called upon to maintain order) from their seats. I do understand this is tough because of the recording requirements of meetings. Basically, I think the AV enhancements were needed. But overall, the room is pretty exorbitant and I’m not sure if I would have voted for this version had I been seated in 2013. I would have liked to explore less costly and smaller Dias variations/options.

Announcements & Presentations
There are 2 Eagle Scout projects on the Agenda. This is always a pleasure to see.
Dr. Gary Cordner – Police Protection Study.
Executive summary outline here of police protection study.

Hearings and Approvals – None

Communication

  • 5 statements of interest for various positions. Remember,  these vacancies will be filled in January but the township always accepts applications! (they will keep on file for 1 year)
  • There is one letter opposing Hamilton Crossings TIF.
  • 6 letters opposing Real Estate Tax
  • 2 letters supporting increase EIT instead of Real Estate Tax
  • 2 letters in support of Real Estate Tax
  • 1 Letter encouraging investigation of Home Rule Charter
  • One letter encouraging creation of a police force and supportive of tax to support. (Note, seems to be the minority opinion based on conversations with residents)

Engineer – Approval of Hydrant Installation for Spring Creek Properties (Jaindl). Note, I believe we will be seeing Jaindl spring creek land development plans coming to the township next month. I will be sure to keep residents informed. The entire subdivision will be one of the largest development projects in township history. Over the last 3 years I opposed the rezoning of 700 acres of farmland where this industrial (warehouse) project will be built and I supported the resident funded litigation attempting to overturn the zoning. Moving forward, I think it’s critical residents stay involved in the process.

Township Manager: Presenting 2013 year in review.

Page 2 od LMT Manager Report 2013 in review

Page 2 od LMT Manager Report 2013 in review

Old Business:

Couple items here, one of note. The policy regarding appointments of incumbents to volunteer boards. I feel as though all applicants including incumbents should be interviewed. This will be addressed at a January meeting.

Nice letter about Willow Lane Elementary

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Below is a letter written by a resident about WLES. There was another couple weeks ago complimenting the crossing guards. Last BOC meeting was justifiably dominated by tax issues so I wanted to post the letter. It reflects alot of the rationale for building neighborhood schools as opposed to “sprawl campuses” that are disconnected from the neighborhoods they serve.

Yes, rollout was at times complicated to say the least. But when dealing with ensuring safe routes most of the parent safety concerns were warranted. After initial hiccups and the inevitable politicking that came during election season, from my observations the program has been a success. From my standpoint as a smart growth advocate, I agree with many of Scott’s comments below about fostering a connected community with a sense of place.

A community benefits when we build neighborhood schools. I was supportive of WLES’s location for this reason during the planning process. I think it’s a suburban walkable model located appropriately in the middle of 100’s of homes. Hindsight, I  wish the walking routes were discussed during land development so that walking was rolled out when the school first came online. I still to this day have no clue why they weren’t. I know it was late in the game that walking was postponed.

So let’s keep working through the kinks.  I have heard about speeding issues on the interior driveways leading to the school. I also still believe we need to texture the crosswalks and install “stalker boards” (radar boards that tell drivers their speed) on the corridor. Aside from that, I think the township improvements have worked out. I do think the crossing guards have done a fine job.

Anything else on the township end that we should be aware of? What do you think of the letter below? Let me know in the comments. 

How we make traditional development illegal.

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Interested in stunting the re-development of a traditional Main St.? Do you want to make entrepreneurship prohibitively expensive? How do you ensure your Main St. is a ghost-town during prime business hours?

Set up more barriers! Make sure you institute arbitrary parking requirements and require them of all commercial land uses.

Take 5 minutes to watch this case study of a place called Surrey. (From Stroad to Boulevard blog). This really demonstrates the insanity of arbitrary parking requirements.

At 3:30 mark is it coincidence the devolution of Front street occurred with the institution of arbitrary offstreet parking standards?

Main St. Macungie, the downtown business district – 11am on a Tuesday.

Macungie Borough business district 11am on a Tuesday. Parking issues?

Interested in Smart Growth issues in the East Penn area? Friends “FriendsLMT” on facebook! An online smart growth resident association.