Borough votes 6-1 in favor of selling MABS

KAYLEE LINDENMUTH / SHENANDOAH SENTINEL - The entrance to the Municipal Authority of the Borough of Shenandoah property in Raven Run on Oct. 1, 2020.

SHENANDOAH – Despite a last minute plea by a business leader and community members, borough council has approved the sale of the Municipal Authority of the Borough of Shenandoah.

Council voted 6-1 to approve an ordinance authorizing the sale at a special meeting Wednesday night.

Prior to the vote, council heard comments from members of the public who either attended in person or via Zoom. Council also received a letter from Ateeco, Inc. Owner/ President Tom Twardzik, asking council to vote against the sale, and for council President Gordon Slater and member Leo Pietkiewicz to recuse themselves.

“From the information provided at the meetings I attended, it appears that MABS is currently in position to effectively run the system and increase rates to fund and manage the ongoing maintenance and improvements to the system,” Twardzik wrote to council. “As always, the rate payers will have to pay for all maintenance and improvements to the system.”

Twardzik described his company as the single largest industrial customer of MABS, and said that “a requisite burden” of rate increases would be borne by his company and its consumers whether MABS is sold or not.

“By remaining independent, however, we retain ownership and control of a critical natural resource for our service community,” Twardzik added. “Once sold, it is lost forever and there is no recourse against the new owner.”

Twardzik added that, as the MABS board is appointed by council, council is therefore responsible for its management, and questioned how council could be dissatisfied with information received by MABS while a councilman served on its board.

He then asked that Slater and Pietkiewicz recuse themselves — Slater, alleging he lives in Tennessee, and Pietkiewicz for a conflict of interest, serving on both boards.

“Please retain Shenandoah’s private ownership of its water resources and demand sound management by appointing sound members, attending Authority meetings and asking the necessary questions of the Board at their meetings,” Twardzik concluded. “Selling is abdication, not management.

During the public portion of the meeting, Twardzik, attending via Zoom, asked if the vote means the sale is a “done deal.”

“There are provisions in the agreement for either party, if things don’t work out the way that they’re supposed to, they can terminate the contact,” Solicitor Jim Amato, also attending via Zoom said.

Mary Catherine Berresford questioned Slater’s residency as well. Slater has not attended a council meeting in person since August, though he has attended the meetings in the interim via Zoom or telephone.

“It’s not fair to me, nor is it fair to any other property owner or renter in this town,” Berresford said, on Slater’s ability to serve on council from Tennessee.

Slater said he is in Tennessee helping his son settle after a move, and he himself has not moved out-of-state permanently.

According to Amato, Slater can serve on council as long as he’s a registered voter in the borough.

Donna Gawrylik also questioned Pietkiewicz’s intent and ability to vote on the matter.

“I have every intention of casting my vote, yes,” Pietkiewicz responded to Gawrylik. “I have a right to voice my opinion and my vote.”

Following an executive session, council voted to approve the ordinance 6-1, with Eileen Burke casting the lone dissenting vote.

In other business, council unanimously approved an ordinance restricting the use of fireworks and an ordinance renewing the borough’s non-uniform pension plan.

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