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Solicitor critical of Muncy Township

Muncy Township Supervisors will have to take corrective action at their next meeting if they want to change their zoning officer and avoid continuing to skirt Sunshine Law, their solicitor said.

These improper procedural steps are occurring in a township that is the location for major economic development such as a proposed Bass Pro, Chick-fil-A and additions to The District, such as a Wawa and Hilton.

As cited as improper, the township recently sent “termination” correspondence to Code Inspection Inc. However, the supervisors never “voted” on this termination at the recent public meeting.

That would mean the action needs to be “ratified” at the next public meeting to avoid continued violation of the sunshine law, according to associate Solicitor Zach DuGan of the firm Perciballi & Williams LLC., 429 Market St., Williamsport.

The township took action at the last meeting for a secondary zoning officer/flood plain administration and building code officer. Again, this action will need to be corrected at the next meeting by the board to appoint that individual and entity.

Joe Lyons, of Codes Assessment Professionals, was named as who the board would want to proceed with but the items need to be on a properly posted agenda, DuGan stated.

The agenda needs to have both public comment sections on it — the first is for agenda items only and the second is open public comment, he stated.

Additionally, the agenda at the meeting also needs to match the one posted online unless an amendment to the agenda is made, which can be done under limited circumstances provided certain procedural steps are followed, he stated. DuGan’s correspondence to the board included a copy to township Solicitor Scott T. Williams.

When Supervisor Chair Terri Lauchle and the township part-time secretary were asked by an attorney seated in the room whether the board or the township part-time secretary Kathryn Harper were aware of the changed agenda and who asked for it to be removed, no one could indicate who or how the changes occurred at the last meeting.

A Freedom of Information Act request was sent to the township by the Sun-Gazette editorial board asking for any communication, including email, to its agenda provider, a local company.

The Sunshine Act requires agencies to provide a meeting agenda that includes a listing of each matter of agency business that will be or may be the subject of deliberation or official action at the meeting.

Supervisor Heath Ohnmeiss has frequently urged his colleagues on the board to be more mindful of proper meeting procedures.

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