Dunbar amends vacancy resolution
DUNBAR — Borough council amended its procedure to fill a vacancy for an elected or appointed position to coincide with the Sunshine Act as two resignations take effect next month.
Council on Monday voted unanimously to delete certain wording in a resolution on the procedure it adopted in May that indicated any member could enter into executive session to discuss and/or interview potential candidates in filling a vacancy.
Councilman Norman Gordon said after researching the matter he found that holding executive sessions for vacancy appointments were not permitted under the Sunshine Act, which was verified by the solicitor.
Councilwoman Amy Gross and Mayor Ron Gross submitted letters of resignation last month effective Oct. 9 due to a change in residency leaving their positions vacant.
In conjunction with the resignations, council received three letters of interest from residents Bob Opst, a former councilman, DeAnn Driscoll and Scott Dunn.
Whomever is appointed by council would serve out the reminder of the existing terms of Amy Gross, which expires Dec. 31 and Ron Gross, which expires in 2013.
Amy Gross noted she captured her party’s nod in the May primary election and will appear on the November ballot for both a two-year and a four-year seat that council will need to fill unless there is a write-in candidate.
According to solicitor Doug Sepic, council has 30 days from the date of the Gross’s resignations to appoint someone to fill the vacancies.
If council fails to make a decision, Sepic said it is then determined by the vacancy board before going to Fayette County Court.
If council fails to appoint someone as mayor, council President Patrick Fitzgerald would be required to serve in the post until it is filled.
Fitzgerald noted his term also expires Dec. 31 however, he did not seek re-election.
Turning to other business, council set the Halloween parade for 3 p.m. Oct. 30 followed by trick-or-treat from 4 to 5 p.m.
Council also learned from Councilman Jason Bartholomai, who is public works chairman, that the borough’s storm drain project should be completed by the end of October.
Council received a $75,000 grant for the project from the state Department of Community and Economic Development.
Additionally, council adopted an ordinance to remove a portion of Watt Street from the borough following a public hearing last month.
Ron Gross cast the tie-breaking vote in favor of the move after council voted 3-3 with Fitzgerald abstaining.