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South Strabane supervisors move to require property owner attendance at public hearings

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At the end of their meeting Tuesday, South Strabane Township supervisors added a resolution to their agenda requiring property owners to attend public hearings concerning land use.

Board chair Bracken Burns read the resolution, and then opened the floor up for public discussion, as it had not been advertised prior to the meeting. Following discussion, the resolution passed unanimously.

“It is a resolution … Which would require attendance of applicants and property owners at all public hearings conducted for the purpose of considering submitted applications for conditional use or any other land use,” Burns said. He later clarified that applicants would be able to appear by Zoom, if necessary.

“We’re not looking to inconvenience somebody, but it’s very difficult for this board, or the planning board, or zoning board, or anybody else to conduct a discussion with somebody who isn’t there, and sends representatives who don’t know who they’re representing,” Burns said.

The move comes on the heels of a contentious public hearing last month in which the supervisors considered a proposal from Champion Center Enterprises LLC for a co-working office space at 65 Fischer Road. Supervisors were concerned the group was not honestly representing itself, and that the owner did not attend the meeting.

Washington Attorney Thomas Lonich, representing Champion Center, attended Tuesday’s meeting to speak against the resolution and how the supervisors went about passing it.

“Is the board planning on allowing that resolution to be viewed by the public, or is the motion of the board that you’re going to, on the last item, amend the agenda to pass a resolution, which the public has no opportunity to comment on?” Lonich asked. “This agenda has been published for several days now. At the beginning of this meeting you didn’t intend to amend this agenda.”

As for the resolution itself, Lonich told the supervisors it is in contradiction with both county and state law, which allows for the principle parties to appoint representatives to speak on their behalf at hearings.

Burns defended the resolution, and said the board followed proper procedures in adding it to the agenda.

“We’re not trying to pull a fast one here. This is just a timely issue that has come before this board, and we decided to address it sooner rather than later,” Burns said.

Melissa Melewsky, an attorney with the Pennsylvania NewsMedia Association, said that while government agencies are allowed to add items to their agenda during a meeting, such an action should be reserved for smaller issues.

“Agencies should only use this last-minute addition with something that doesn’t have a large impact,” Melewsky said.

She added that this issue is currently being litigated. In Lehigh County, a man is suing the Parkland School District for a last-minute agenda addition. At a meeting on Oct. 26, 2021, the school board added a collective bargaining agreement with the Parkland Education Association to its agenda, and then approved the agreement.

A common pleas judge ruled in favor of the district last November, but the decision is being appealed.

Melewsky said applicants should honestly represent themselves, but that the supervisors overstepped in response to the Champion Center hearing.

“Now they’re punishing everyone. Obviously, if you come before the board, you need to tell them the truth. A policy like this isn’t just affecting that party they have an issue with. Everyone should have been fully informed that this would be an issue,” Melewsky said. “That’s the whole reason we have the agenda requirement.”

According to Melewsky, the resolution itself is also problematic.

“I can say that the Sunshine Act issue is not the only issue here. Requiring personal appearance may be unduly burdensome,” Melewsky said.

Champion Center’s co-working office space proposal came after Champion Christian Center filed, and later withdrew, an application to build a church at the same property last November. Supervisors felt they could not get a straight answer about how the groups are connected.

Nathan Miller co-founded Champion Christian Center with his wife, Joie Miller. Property records indicate that the Millers’ home address and the business address of Champion Center Enterprises are the same.

Johnny Miller, Nathan Miller’s brother, appeared at the March meeting representing himself as the project’s developer. He told supervisors he did not know who owned either entity.

When pressed on whether or not he is related to Nathan Miller, Lonich advised Johnny Miller not to answer the question.

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