The Cumru Township Zoning Hearing Board has chosen new leadership and legal representation following the resignation and replacement of five of its six members.
At a meeting May 8, board members voted to nominate Jason Ulrich of Gross McGinley LLP, Allentown, as the board’s new solicitor, at a rate of $165 per hour.
Other options included representatives from Masano Bradley and Kozloff Stoudt Attorneys, both of Wyomissing, as well as Alex Elliker, Kutztown.
Ben Fisher, the only member left over from the original zoning hearing board, was named chairman, also by unanimous vote.
“He’s had the longest tenure on the board,” said board member Todd Woodworth, who nominated Fisher.
Scott Horner, the third regular member, was selected as vice chairman.
Old members resign
In a letter to the township dated April 22, zoning hearing board members Matt Keperling, Branden Strickland, alternate member Ken Remp and board Chairman Gene Waltz announced their resignations.
Fisher served on the old board as an alternate but was made a regular member by commissioners at a meeting in April.
Also at that meeting, Todd Woodworth and Scott Horner were selected as regular members, with Don Lebo, Mike Nowotarski and Betty Volk picked as alternates.
Alternates act as stand-ins for regular members and cannot vote unless a regular member is unable to serve.
Another member, Patrick Marz, also resigned in April for health reasons.
In the letter, the four resigning members said they left because of retaliation from some Cumru commissioners following legal battles waged by residents and Penske against a zoning hearing board decision.
The old zoning board stood by their decision to uphold a zoning change allowing warehouses on a plot bordering Route 10 and the Flying Hills residential development and claimed that commissioners had acted against them as a result.
Commissioner Greg Miller said the actions of some commissioners, including two public calls for Waltz’s resignation, were in the name of accountability, not retaliation, since the zoning hearing board’s ruling on the Route 10 plot was found to be flawed in Berks County Court, and the issue is set to be relitigated.
Miller also noted that the zoning hearing board’s failure to convene a meeting led to the automatic approval of zoning relief for a light industrial facility proposed by OHB Properties LLC, at Morgantown Road and Kachel Boulevard.
That automatic, or deemed approval was also overturned in county court, and the developers have since pulled plans for the part of the facility that would have been in Cumru Township, township officials said.
Another part of the facility is still under development in neighboring Robeson Township.
Solicitor chosen
At their meeting in May, Fisher said it was important that the new zoning hearing board avoid any perception of bias or conflict of interest.
He noted that one of the candidates for solicitor, Christopher Muvdi, had represented a group of Cumru residents against the zoning hearing board.
Woodworth noted that attorneys are allowed to represent private clients, as well as municipalities, and have said they would recuse themselves in cases of conflict of interest.
Fisher also read a letter from resident and planning commission member Beverly Leonti, who said she was concerned about Chris Muvdi and Masano Bradley.
“He and his firm have cost the township money,” Leonti said. “Not only were there legal fees involved (during the litigation of the zoning hearing board Route 10 ruling), but the soft costs of no additional earned income tax and property tax (from a new warehouse) hurt the township.”
Township manager Jeanne Johnston said defending the rezoning cost the township $25,000 in legal fees.
Muvdi did not return a request for comment.
Nowotarski said he didn’t believe Muvdi’s past representation was a conflict of interest.
“He’s from our township, he’s trying to protect our open spaces,” Nowotarski said of Muvdi. “We need the right kind of economic growth here. We need homes, we need residents, not necessarily tractor trailers in a residential area.”
Horner said the board would ideally choose a candidate from outside of Berks County to prevent any conflict of interest.
“If I stay with the idea of getting (a solicitor) from outside of Berks, I would go with Ulrich,” Horner said.
Fisher said he had gotten in touch with officials from Mohnton, where Ulrich also serves.
“They said he’s good, that he’ll give it to you straight,” Fisher said.
Ulrich was also the least expensive per hour among the firms who offered their services, with Kozloff Stoudt costing $250 per hour, and Masano Bradley costing $185.
“I recommend we consider Mr. Ulrich due to the tax savings, and also it seems like he might have less appearance of a conflict of interest,” Fisher said.
The board then voted 3-0 in favor of Ulrich as solicitor.
Source: Berkshire mont
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