Flail to resign from zoning board following legal concerns over appointment
SHENANDOAH – Shenandoah is looking for a member of the Zoning Hearing Board as the appointee, who likely is not legally able to serve on the board, plans to resign.
Council voted at a rare midterm reorganization meeting earlier this month to appoint Jim Flail, the borough’s code enforcement officer, to the Zoning Hearing Board, ousting then-member Jack Rooney.
The Pennsylvania Municipalities Planning Code, which governs zoning in Pennsylvania, including the formation and operation of zoning hearing boards, specifically states the board must “consist of either three or five residents of the municipality appointed by resolution by the governing body.” It also specifically forbids employees of the municipality from serving on the board.
Flail lives in Frackville.
Council President Joe Boris said at Monday’s workshop that he withdrew his name from the zoning board.
“Jim would like to be involved with any zoning issues as code officer,” Boris said, adding that Flail felt there would be issues and believed it was in his best interest to withdraw.
Councilwoman Katie Catizone said that, because he was appointed, he may have to resign.
“He is going to resign,” Boris said.
Boris mulled the next steps for the position and said he would defer to Solicitor Shane Hobbs “so we do it right.”
Council will likely take up the matter at the January regular meeting next Monday.
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