Council tables downtown overlay district ordinance after solicitor flags missing newspaper publication

The Shamokin City Council voted to table Ordinance 26-05, a proposal to establish a downtown overlay district amending Chapter 510 of the Shamokin City Code, after the city solicitor advised the ordinance had not been published in the newspaper and recommended re-advertising.

The city solicitor said the planning meeting and public hearing had been properly advertised but that the final ordinance publication in the newspaper — a step the solicitor described as necessary ‘‘out of an abundance of caution’’ — had not been completed. "My recommendation would be that you table and advertise it one more time regarding the enactment of the proposed ordinance by council so that no one can challenge the ordinance later," the city solicitor said.

Council discussion followed. One council member defended the planning process and said the matter had been reviewed by planning, the EDA and outside counsel. The solicitor replied: "No, frankly you can choose to disregard my recommendation — that is your choice. My legal advice is I think you need to do this." After motions and a roll-call vote, the council approved tabling the ordinance and directed staff to re-advertise for a specially noticed meeting.

Why it matters: The solicitor’s advice means the council paused enactment to reduce the risk of a later legal challenge, delaying any immediate zoning changes in the downtown overlay until the item is re-published and considered again at a properly advertised meeting.

Next steps: The council instructed staff to schedule and advertise a meeting with the sole purpose of considering enactment of the downtown overlay district; the ordinance will return after the required public-notice period.