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Settlement to finish infrastructure in Brimington Farms development in the works

November 20, 2012|By JENNIFER FITCH | waynesboro@herald-mail.com

WAYNESBORO, Pa. — Homeowners upset about their unfinished development in the Borough of Waynesboro might be getting a reprieve, according to a representative of the company responsible for the money needed to pave streets, install sidewalks, and finish water and sewer lines.

A settlement agreement is being finalized with the municipality, and the bid process to find a contractor for the work in Brimington Farms is starting, Lexon Insurance Co. CEO David Campbell said in a phone interview Tuesday.

The Waynesboro Borough Council has been trying to collect more than $1 million in bonding from Lexon Insurance Co., a business that guarantees a developer (in this case DLM LLC and Gemcraft Homes) will complete the work spelled out in approved land development plans and local law.

Development of Brimington Farms, which is off State Hill Road, ground to a halt due to bankruptcy filings.

Campbell said efforts to finish the infrastructure are proceeding and his company wants to work with the borough.

Borough Solicitor Sam Wiser confirmed the details are being worked out in a proposed settlement agreement. The negotiations come six months after the borough council filed a writ of summons in court indicating it may sue Lexon and the developer regarding unfinished infrastructure.

“Things are progressing with the bonding company, and they’ve been much more responsive than (they were) two to three council meetings ago,” Wiser said Tuesday.

Borough officials said that because the streets in Brimington Farms are not finished and remain private property, the municipality cannot legally plow snow or send police officers for routine traffic offenses such as speeding. They said they can only intercede in emergency situations.

John Isenberger from Evangeline Drive said the situation within his development weighs on him. He lamented paying taxes for municipal services he does not receive.

“I can’t sleep at night just thinking about this. ... I feel like I’m a second-class citizen,” he told the council Tuesday.

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