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Riverwalck, Parryville reach agreement

Published February 12. 2013 05:01PM

An agreement between a Parryville restaurant owner and the Borough of Parryville was opened to public scrutiny recently, due to a request through the Right to Know Law.

The agreement was signed in late December by Riverwalck Saloon owner Mark Stemler and Mike Grant, president of Parryville Borough Council. Other council members were aware of the agreement, but were not required to sign it.

At the most recent meeting of council, attorney Michael Greek noted that the agreement ends the borough's disputes with Riverwalck, which is located at 8 Centre St., and borders SR248. Greek said he advised council to sign the agreement to move forward.

At the Jan. 22 meeting, members of the Parryville Zoning Hearing Board and zoning Officer Dick Fedor, loudly proclaimed that they had no say in the signed agreement and were not pleased that the borough had signed off without their input or consent.

The agreement also has a confidentiality clause that stated both parties agreed to the terms and conditions of the agreement and the terms of the agreement would remain confidential and would not be disclosed to any individual not a party to the agreement. The agreement noted that the parties could disclose the terms and conditions to their immediate family members, their affiliates, insurance carriers, attorneys, accountants, tax advisers or anyone required by law.

The agreement is linked to three Carbon County civil court cases and according to the agreement settles those disputes between Stemler and Parryville that have been ongoing for four years.

Through this signed agreement, Riverwalck Saloon effectively has a ratio of parking spaces to seats at 3.5, which had been disputed by the zoning hearing board.

The board had wanted a 1.5 ratio of parking spaces to seats. Plus the trailers parked on Riverwalck property may be used for business and other purposes, as long as they are not used for overnight living accommodations.

The agreement also notes that the archway may remain at its present location until Stemler decides to move it according to applicable law and will not be deemed a zoning violation or any other violation of law enforcement by Parryville. The agreement goes into further detail about past decisions of Parryville Zoning Hearing Board on this subject, saying past notices are invalid, ineffective, moot and of no force or effect, and that any notices issued by the Parryville Zoning and Building Code officers to Stemler and Riverwalck are declared invalid as well.

The agreement also goes into the sewage issues of Riverwalck.

The agreement notes that Riverwalck Saloon has a functioning septic system and that there is no present evidence of any system malfunctioning.

The agreement notes that Parryville will withdraw its petition for a preliminary injunction and complaint seeking injunction relief and that this issue is marked settled and discontinued with prejudice. Unless and until there is evidence of septic system failure, the borough shall not institute any proceedings.

The agreement includes the withdrawal of a contempt petition alleging violations of the Court Order dated Dec. 16, 2009.

Parryville agrees that any allegations in this action are deemed moot by the agreement and are not enforceable.

In a section with a headline, going forward, the agreement lists that Fedor, borough code enforcement officer Duane Dellecker and borough sewage enforcement officer Shawn Corey, will no longer be involved in any way, directly or indirectly with Stemler and Riverwalck, or any other business or property Stemler owns in Parryville.

In the agreement, Stemler agrees to have a third party code official/inspector prepare applications.

The agreement releases Stemler and Riverwalck from any and all liabilities and claims that the borough has had from the beginning until the effective date of the agreement.

Stemler discharges Parryville and assigns, but without limitation Fedor, Dellecker and Corey from any and all liabilities.

The agreement notes that each executed the agreement of its own free will, and the terms are binding.

The former Walck Restaurant was purchased several years ago by Stemler. With its multi-level outdoor decks, fire pits and new facade, it has become a popular area eatery.

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