The New Hope developer who refused to pay Pennsburg Borough a $45,000 settlement over the condition of a five-acre parcel at 704 Montgomery Avenue apparently changed his mind.
According to council President Diane Stevens, the municipality received a check for that amount last week from Tim Hendricks.
The payment eliminates the need for a summary trial, scheduled for Wednesday, before Red Hill District Judge Maureen Coggins, on 110 citations filed against him by the borough's code enforcement officer during June, July and August for alleged violations at the site of the proposed Deerfield Land Development. Hendricks was facing $100,600 in fines related to property he owns.
Hendricks - the managing member of Hendricks Group Developers, LLC – agreed to pay the settlement on Oct. 2. Stevens said the members agreed unanimously to accept the payment during an executive session.
In a text message received after the meeting, the council president said the developer agreed to pay the settlement by Oct. 11 or the municipality could enter a judgement against him.
Stevens said Hendricks has removed most of the debris on the former Kline property but several issues remain at the property, including additional debris, fallen trees, high grass and rats.
Between June 20 and Aug. 8, the borough's Code Enforcement Officer (CEO) issued numerous summary offenses. They included the alleged accumulation of rubbish or garbage; certain growths prohibited, nuisance declared; failure to maintain the exterior property, not properly maintaining vacant structures and land along with high grass.
Most of the violations were worth $1,000 each. The others totaled $600 each. The code enforcement company billed the borough $2,040 to handle the citations, according to a copy of the Deerfield violation invoices obtained from Stevens.
Between June 20 and June 22, the CEO issued 12 citations. Nine more were filed on July 6. Seven days later, 20 non-traffic citations were added to the court docket. On July 20 and July 27, 20 additional citations were filed.
Stevens noted repeated citations were necessary due to the accumulation of trash and debris and high grass at the property.
On Sept. 12 council voted unanimously to accept a similar settlement from Hendricks. However, the following afternoon, the Upper Gwynedd attorney representing Hendricks sent Stevens an email message stating that the developer did not agree to the settlement. Carl Weiner didn't agree with the borough's request for a higher payment amount, according to a text message from the council president following Tuesday's meeting.
Now that the borough has received its payment, Hendricks can resume his plan for the development. However, he has to start back at square one, according to Stevens. Last month, she said he recently submitted a new sketch plan for the 5.05-acre property.
In other news, Member Wayne Stevens said the work to remove the bridge on Route 29 near the Red Hill border is nearing completion and should be able to handle the Upper Perk Halloween Parade, scheduled for Oct. 29. He said after the meeting that even if it's not ready for traffic by then it would be open for parade participants.
"It's close," Wayne Stevens said after the meeting.
The new roadway is ready to be paved, according to the member. He said the sidewalk and concrete work is complete.
Mayor Charles Shagg, participating by phone, announced that Trick or Treating in the borough will occur from 6 to 8 p.m. on Oct. 31.
Council met in executive session following the public portion of the meeting. Diane Stevens said the members discussed a personnel issue related to the budget and two separate items of potential litigation.
In September, the Upper Perk Police Department responded to 626 total incidents, according to information presented by Lt. Matthew Boaman. He identified 204 incidents of public service, 127 vehicle investigations and 95 traffic details.
The department issued 77 traffic citations and 59 warnings. It also issued 12 non-traffic citations and four parking tickets or warnings, according to information collected by Chief Joe Adam. Officers made two criminal arrests, and responded to two reportable accidents and eight non-reportable accidents.
Police responded to five reported incidents of theft, three DUIs, two protective order violations and sex offenses and one incident each of assault/harassment stalking, forgery/fraud/identity theft, shoplifting and vandalism/criminal mischief.