Council splits vote to appoint zoning hearing board member
SHENANDOAH – Borough council split 4-2 Monday in their vote to appoint a zoning hearing board member, once again voting to replace Jack Rooney.
This time, the vote follows the Municipalities Planning Code as the vote appoints a west end resident.
Jacob Alinsky was nominated by Council Vice President Mike “Zeckie” Uholik while Councilman James Burke nominated Rooney.
In his letter of interest, as read by Council President Joe Boris, Alinsky touted his experience in network design engineering and collaborative work.
Voting in favor of Alinsky were Boris, Uholik, Councilman Joe Gawrylik, and Councilwoman Diane Korenda. Voting for Rooney were Burke and Councilman Mike Whitecavage. Councilwoman Katie Catizone was absent.
The vote came following Jim Flail’s resignation from the board.
Flail, the borough’s code enforcement officer and a Frackville resident, was appointed to the board at a reorganization meeting earlier this month. The Sentinel reported the next day that the vote was likely a violation of the Pennsylvania Municipalities Planning Code, which governs zoning, and zoning hearing boards, in the state.
It 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.
He said at last week’s workshop that he planned to resign from the zoning board.
“There was an issue with him being in Frackville and everything and he didn’t want it to be a distraction,” Boris said Monday before the vote to accept the resignation. “He still wants to be involved.”
“I want it to be on record that I’m not okay with it, I’m going to do that to please everyone,” Flail said. “When you get someone that comes to your town and, you guys see my work record — I don’t sit around very much at all — offering my time to help Charlie [Vascavage, zoning board chair] and the zoning board, that’s something I take pride in. I didn’t do it as a joke.”
“Next time that comes up, maybe somebody wants to sit down and say ‘hey, look, maybe there is something you could do,’ and the next time, somebody like me will have the right to do that,” Flail said. “I’m resigned. I’m done [on the zoning board.] I just want to be on record that I’m not happy about that. I just think it’s not the right thing.”
Mayor Andrew Szczyglak mentioned that a member of the Municipal Authority of the Borough of Shenandoah board was from Ringtown. Municipal authorities are governed by the Municipal Authorities Act of 1945, which allows members of the board to be either residents, taxpayers, or business owners in municipalities served by the authority. A majority of the board members, however, must be residents of the incorporating municipality.
“It should be something you guys should work out to allow or never allow,” Flail said.
Vascavage said he would appreciate Flail’s help on the board.
“He would be a plus for the community as far as zoning and planning and anything like that,” Vascavage said. “I wish it wasn’t the way it’s going.”
In the public comment portion of the meeting, Tom Twardzik, owner of Mrs. T’s Pierogies, Shenandoah’s largest employer, reminded council that municipal law covers the issue.
“Municipal law covers the zoning question for poor Mr. Flail. It’s not a matter of policy, it’s municipal law,” Twardzik said. “You have to follow municipal law in setting your policy.”
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