Shenandoah Borough is now in search of a new member for the Zoning Hearing Board after the recent appointee, Jim Flail, plans to resign due to legal concerns regarding his appointment.
At a special midterm reorganization meeting earlier this month, the borough council voted to appoint Flail, who serves as the borough’s code enforcement officer, to the Zoning Hearing Board.
This decision led to the removal of Jack Rooney, who had previously been a member of the board. However, a deeper look into the Pennsylvania Municipalities Planning Code, which governs zoning in Pennsylvania, revealed a critical legal issue with Flail’s appointment.
The code specifically requires the Zoning Hearing Board to consist of either three or five residents from the municipality. It also explicitly prohibits municipal employees, like Flail, from serving on the board. Flail, who lives in Frackville, does not meet the residency requirement, and due to his role as a borough employee, his appointment violates the Pennsylvania Municipalities Planning Code.
This legal issue led to concerns within the borough council about whether the appointment was valid and whether Flail could continue in the role. Council President Joe Boris explained the situation at a recent meeting, noting that Flail decided to step down from his appointment to avoid further complications.
“Jim would like to stay involved with zoning issues as the code officer,” Boris said. “However, he realized that being on the board while holding a position as a municipal employee could lead to problems, so he felt it was in his best interest to withdraw.”
Flail’s withdrawal from the zoning board has been confirmed by Councilwoman Katie Catizone, who noted that due to his official appointment, Flail would need to resign formally. “He is going to resign,” Boris added, emphasizing that the resignation was necessary to comply with the legal restrictions.
The council is now left with the task of finding a new member for the Zoning Hearing Board. Boris stated that the council would defer to the borough solicitor, Shane Hobbs, to ensure the process is done correctly and in accordance with the law. “We want to make sure we do it right,” Boris said, indicating that the next steps would be handled with care.
The resignation of Flail has put the borough council in a difficult position, as they now have to move quickly to fill the vacancy. The council is expected to address this matter at their regular meeting scheduled for next Monday, where they will discuss potential replacements for Flail and ensure that all zoning board appointments are legally compliant.
This incident serves as a reminder of the complexities surrounding zoning and municipal regulations and the importance of careful adherence to legal guidelines when appointing individuals to important positions in local government. It also highlights the need for transparency and communication within the council, especially when legal issues arise that could potentially disrupt the functioning of the borough.
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