Apr 16, 2015 5 min read

Emotions ran hot at Wednesday’s South Fayette Board of Commissioners’ meeting, as commissioners Deron Gabriel and Jessica Cardillo Wagenhoffer exchanged personal jabs over official business on the same day he filed a federal lawsuit claiming she, other commissioners and the township violated his civil rights after a censure vote against him while he was not present.

The ongoing spat drew comments from the audience, with some calling for commissioners’ resignations.

“I’m appalled at this behavior – of everybody on this board. You don’t throw daggers to get your point across,” said resident Nick Rodi. “I’m calling for all of your resignations.”

“It is morally wrong for people to go behind others’ backs,” said resident Lisa Carney, in reference to Gabriel’s censure stemming from his alleged actions seeking legal opinions of the township solicitor without consulting others. “And I will remember on voting day, that (Gabriel) is having the solicitor waste township tax dollars defending against this suit. You should resign if you can’t get along with the other commissioners.”

All sitting commissioners except Wagenhoffer are up for re-election in the May primary. Also running are challengers John Kosky and Gwen Rodi, the wife of Nick Rodi.

Earlier in the day, Gabriel filed the lawsuit, claiming the other four commissioners violated his civil rights with a 4-0 vote on March 18 to censure him for allegedly seeking opinions from the township solicitor without consulting them. Gabriel was absent from that meeting for business reasons.

Gabriel, chairman of the township’s legal committee, filed the suit through his attorney, Lawrence Fisher, after the motion to censure him was made by Wagenhoffer, who was charged with insurance fraud and was ordered by a Washington County judge to complete a first offender program. The suit states Gabriel sought a legal opinion from the solicitor of what impact criminal charges would have on Wagenhoffer’s role as a sitting commissioner.

The suit also claims the other commissioners ordered township employees, such as the manager, engineer and solicitor, to withhold information pertinent to the township that Gabriel needs to perform his duties as commissioner.

At Wednesday’s contentious meeting, the board voted 4-1 to advertise the sale of the former Star City Theater site for no less than $5 million with the stipulation the sale would close in July. Gabriel voted no, saying the township had not sufficiently explored a lease option, and that it should be put to the public on social media and other platforms to seek feedback.

Jim Scalo, one of the two developers who pitched initial visions of the property, said he cautioned the board against a high asking price and emphasized usage as a priority over initial revenue.

“This is the front door of the township … price is short-term, use is long-term. I think you need to really consider that. Five million dollars is a high number. I’m not sure we’ll be in the next round,” he said. In other business, the board voted 4-0-1, with Gabriel abstaining, to hire WTW Architects for $18,500 to evaluate the viability of the township municipal complex to potentially build a civic center or other improvements.

The board also heard a report from solicitor Jonathan Kamin that the township has to amend gas drilling ordinances because of the State Supreme Court’s ruling on Act 13. Similar to the process that is ongoing in Peters Township, Kamin said his firm’s new draft ordinances designate gas drilling as an industrial activity that would be allowed only in industrial-zoned areas, and not in areas zoned commercial or planned economic development, as the current ordinances allow.

The report caught residents John and Stacy Kosky by surprise.

“So you’re taking an area that was approved for something else and changing it. You’re telling me what I can do with my land, to take away the use of my 800 acres,” John Kosky said. The Koskys own parcels along Cecil-Sturgeon Road that have been designated as potential economic development zones.

Kamin said the draft ordinances would have at least two public hearings before they would be sent to the board of commissioners for a vote.

The board voted 4-1, with Wagenhoffer casting the lone dissent vote, to send the draft ordinance to the planning commission.

“I’m opposed to it regardless,” Wagenhoffer said. “I disagree with the ordinance proposal, moving drilling only to industrial areas. It seems more restrictive when we’re already overly restrictive. I’m just a firm believer in private property rights and being able to explore your minerals.”

The board also voted to continue the traditional fireworks display from El Rancho field on Hickory Grade Road on July 3, while also allowing Upper St. Clair to blast off their show from Fairview Park.

“This is kind of a transition year so as not to upset residents’ traditions,” said Commissioner Lisa Malosh.

Manager Ryan Eggleston said there was a miscommunication that had Upper St. Clair advertising a scheduled joint show on the township website. He added the “transition experiment” is needed this year.

“It’s an opportunity to evaluate what a Fourth of July fireworks show may look like in the future. We’re thankful the Watson Institute is allowing us again this year, but by that time next year, their school will be built, so a new location will be needed.”