Judge to make decision on commission restructure soon
Fayette County Judge Stephen P. Leskinen will review prior case law before making a decision regarding an appeal by the City of Connellsville to restructure its planning commission. “I’m hoping I can find something to guide me,” said Leskinen on Friday before adjourning the hour-long hearing in the matter.
The city, through its solicitor, Joseph Ferens, filed an appeal to Leskinen’s October ruling that prohibited Mayor Judy Reed and council from removing commission member Randy Strickler from the panel and replacing him with another city resident.
During the hearing, Ferens argued that because an earlier administration had improperly installed four of the five commission members, their participation on the panel should be terminated and the in-place council be permitted to select the membership and set the terms of office.
Ferens said the five-year terms for commission members David Leeder, Samuel Spotto, Thomas Trimpey and Stricker, established by the prior mayor and council to expire Dec. 31, 2005, were not in compliance with the state’s Municipal Planning Code that stipulates only a four-year term of office for commission members.
Additionally, the terms of office are to be staggered, so that no more than two members are leaving the panel in any one year.
“There is clearly a mistake here that needs to be corrected,” said Ferens, noting the planning code instructs the mayor, with council approval, to make the appointments. “Let them start from ground zero, and let them appoint who they want.”
Strickler’s legal counsel, attorney Richard Bower, meanwhile, requested that Leskinen re-structure the terms of office for the in-place members to comply with the code and not entirely void the action taken by the previous administration.
Bower offered that Leeder and Spotto be the first to vacate the panel, and that Trimpey and Strickler be given a longer term of office.
“(The prior appointments) were duly made by the (previous) mayor,” argued Bower. “They can not now be declared null and void.”
Leskinen informed the two sides that he would issue a ruling by Tuesday.