In another round of political and legal maneuvering, the new Upper Pottsgrove Board of Commissioners (BOC) voted to remove the current Township Zoning Hearing Board (ZHB) solicitor and replace that solicitor with one of their own choosing—a choice that is not theirs to make. The move to change the ZHB solicitor came without notifying the ZHB or the administrative staff.
The Pennsylvania Municipalities Planning Code (MPC) gives the authority to select the ZHB solicitor to the ZHB itself. This is because the ZHB is a quasi-judicial body and functions independently of the BOC and may hear appeals concerning the zoning officer or the governing body.
The BOC, with Commissioner Al Leach making the motion and Commissioner Dave Waldt seconding it, unanimously approved the appointment of Greg Phillips from Picardi, Phillips, and Ottaviano as the ZHB solicitor. The current solicitor for the ZHB is the law firm Robert L. Brant & Associates.
What is astounding is that no one bothered to notify the ZHB that the solicitor appointment was on the agenda, let alone the fact that the BOC does not select ZHB solicitors. Even more troubling is the issue of Waldt seconding the motion and Commissioner Cathy Paretti voting for it when they both have been on the BOC for over six years and should know better.
Asked to comment, former Commissioner and Board President Trace Slinkerd said, “It is important that the board president, as well as all BOC members, understand the requirements of the township committees and work closely with the committee leads concerning personnel matters and support.” When asked about Waldt and Paretti’s vote, he said, “They both, over the last several years, have consistently made comments such as ‘no one tells us anything’ and ‘I didn’t know anything about that,’ so it is not surprising that they don’t understand the ZHB.”
Former Commissioner and Vice President Hank Llewelyn said, “The ZHB is an independent body and needs to select its own solicitor.” He went on to say, “Whether it involved solicitor support or appointing members to any committee, we always consulted the leadership of those committees. I would think Commissioner Elwood Taylor should know how the ZHB works; he has been in and out of office since 1998.”
A major concern with this move to place the BOC’s own named solicitor on the ZHB relates to overdevelopment. This new board has consistently touted its intention to move forward with development projects that the former board opposed. Any move to remove the ZHB’s solicitor and replace their solicitor with one of the BOC’s choosing is troubling, to say the least. The ZHB is an independent body and must remain so when development zoning matters come before it.
The Upper Pottsgrove Journal has asked Mr. Leach to comment, but there has not been a response.