Council, again, tries to appoint employee to zoning board, reveals apparent text vote

SHENANDOAH – In a meeting rife with shouting matches reminiscent of Shenandoah politics of old, Borough Council initially voted afoul of one state law for the second time this year and revealed a potential violation of another state law.

Council President Joe Boris said there was an opening on the zoning hearing board. The borough advertised the opening in the classifieds of the Pottsville Republican-Herald newspaper.

He said only one letter of interest was received by the Oct. 17 deadline.

That letter was from Jon Levandusky, of Shenandoah. He is an employee of the borough.

“He works on the garbage truck,” Boris said of Levandusky. He added that he told Levandusky that he could put his name in for the position.

Councilwoman Katie Catizone motioned to appoint Levandusky, seconded by Diane Korenda. Council voted 7-0 to appoint Levandusky.

Later in the meeting, Catizone sought to revisit the matter.

“I have no objection to it, however, can I let it stand on the condition that Mr. [James] Crossen (borough solicitor) investigate the issue as to whether or not a borough employee can serve on the zoning board,” Catizone said.

Boris believed it pertained to elected officials and not employees. Crossen agreed.

“I think it’s okay for an employee, as long as their not elected,” Crossen said.

The Pennsylvania Municipalities Planning Code, which governs planning, zoning, and the existence of their corresponding commissions and boards, explicitly prohibits an employee of the municipality from serving on its Zoning Hearing Board.

“Members of the board shall hold no other elected or appointed office in the municipality, nor shall any member be an employee of the municipality,” the law reads.

It was the second time this year council voted to appoint an ineligible person to serve on the Shenandoah Zoning Hearing Board.

In January, council voted to appoint then-code enforcement officer Jim Flail to the board. Flail was ineligible both as an employee of the borough and as a resident of another municipality. Board members must be a resident of the municipality.

Following Sentinel reporting exposing the issue, Flail resigned from the zoning hearing board.

In the public comment portion of the meeting, council was reminded of the text of the law and voted 7-0 to “hold off on Mr. Levandusky until our solicitor does all of the background to check and make sure.”

Possible Sunshine Law Violation Revealed

Several months ago, borough council engaged Mike Young Paving, of Milton, to pave certain streets in town.

A change order adding an additional nine streets to the paving project was on Monday’s agenda, but, Boris revealed the matter had already been decided outside the public view.

“We did talk about it through our texting and it was a 6-0 vote, but we need to make it official,” Boris said as he sought a motion on the matter.

Except in specific situations, the Pennsylvania Sunshine Act requires municipal business to be deliberated at a public meeting.

“Voting members of an agency are not permitted to deliberate except at a public meeting,” the Pennsylvania Office of Open Records says. “In other words, agency members exchanging opinions about an upcoming vote or encouraging other agency members to vote a particular way in an email discussion or a discussion held via social media would violate the Sunshine Act.”

The change order is at an additional cost of $228,793 for parts of Jardin Street, Oak Street, and West Columbus Street.

Borough Manager Mike Cadau said the paving work the borough has had performed would have cost nearly $1 Million if it were bid out traditionally.

“We only paid $469,000 as of right now, until all the rest of the figures come through,” Cadau said.

Crossen implied that the additional work was permissible because the price per square foot remained the same.

The vote passed 7-0.

Councilman Mike Whitecavage raised concerns over where the money is coming from for the paving work. Boris said it is coming from the proceeds from the sale of the Municipal Authority of the Borough of Shenandoah, which Whitecavage described as a “piggy bank.”

With the paving projects and a vote Monday to purchase a truck, Whitecavage worried where the account stood, and asked how much interest is being generated.

“You’re working on the principal now,” Boris said. “The interest is gone. You know that and I know that. But, the streets have to get done, and you need two police cars.”

Cadau clarified that about $800,000 of the funds spent so far has been interest.

Shouting Matches

Monday’s meeting was a raucous one reminiscent of council meetings decades ago.

Numerous ongoing issues the borough is grappling with came to light once again and tempers flared as some sought to cast or imply blame as investigations continue.

Cadau recapped portions of reports recently distributed to media outlets regarding the misuse of worker’s compensation and the inappropriate issuance of payroll checks, among other issues currently under investigation.

“We’ve been talking for eight months, irregularities, whatever it’s going to end up being, I haven;t seen one charge yet, one arrest yet,” Whitecavage said.

A shouting match between Whitecavage, Cadau, Catizone, and Council Vice-President Mike “Zeckie” Uholik ensued.

“I just want you all to know something,” Cadau said. “If you’re calling this a witch hunt or someone hasn’t been charged, our residents have been screwed. They have been screwed. And for someone to say no one’s been charged.”

“Mike, you know how charges work, you don’t just charge someone in a day,” Cadau added. “This is what’s wrong with our town.”

Boris reiterated previous quarrels regarding the sale of MABS, which he said was worth $25 Million, double the amount it sold for. An interruption by Catizone prompted both to shout and Boris to bang the gavel.

Catizone and Cadau then engaged in a lengthy shouting match over a letter to council members directing them to preserve records. Catizone contended the records should exist in possession of the borough.

“Maybe I go home and shred them, it’s none of your business,” Catizone said.

“You went home and shredded them?” Cadau responded.

“Maybe I do, it’s none of your business,” Catizone said. “Why doesn’t the borough have them?”

Another dispute came as Donna Gawrylik spoke during the public comment portion.

Borough Council instituted a three minute limit for public comments at a prior meeting, which was not enforced at Monday’s meeting as Gawrylik discussed prior meeting minutes relating to issues discussed at the meeting.

“Do we only keep some people to the three minute time limit,” Catizone asked just over seven minutes into Gawrylik’s comments. Aside from Cadau responding to Gawrylik offering copies of her documents, she was uninterrupted up to that point.

“When you go into a dialogue with someone, the three minutes is off,” Boris said. As the two discussed the matter, Gawrylik began shouting “Time out.”

“There was screaming in this place awhile back and nothing was said,” Gawrylik shouted. “Time out, time out, time out.”

Gawrylik continued for another two minutes, to a total of nearly ten minutes.

More ‘Irregularities,’ Some ‘Estimated Losses’ To Be Recouped

Regarding the estimated losses revealed in the forensic reports, Cadau said the bond insurer, Travelers, will cover $100,000.

He said discussions continue to recoup the rest and “there is a lot more auditing to be done.”

Cadau also revealed that coronavirus relief funds may have to be returned, as he said it appeared they had been used in the legal dispute regarding payments in lieu of taxes owed as part of an agreement with the Schuylkill County Housing Authority.

He also said L. Sam Deegan CPA will present a report at next month’s meeting.

The financial irregularities, Cadau said, are being investigated by or have been referred to the Attorney General’s Office, IRS, and others.

Council also voted to pay $25,000 to settle an issue relating to a former employee which Boris and Cadau said arose from prior administrations. The vote is pending a release agreement to settle a potential lawsuit.

This article has been updated to add detail to Cadau and Catizone’s back-and-forth regarding records retention.

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