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Priest, nonprofit head seek amicable solution with Sugar Notch official, who says plan violates zoning laws.

SUGAR NOTCH – The pastor of the church that has agreed to shelter homeless men for seven nights in January said he was taken aback by borough council’s decision to threaten a $500 per day fine if the church goes through with its invitation.
The Rev. Joseph Kakareka of Holy Family Roman Catholic Church said a letter from the borough’s zoning and code enforcement officer threatening the fine “came out of the blue.” He said church officials are “trying to take some positive steps toward a wholesome, amicable conclusion well in advance of V.I.S.I.O.N. coming here on Jan. 11.”
V.I.S.I.O.N., a nonprofit organization that shelters homeless men in Luzerne County, sets up a base at churches and camps throughout the county on a one-week or two-week basis. This week 40 men are staying overnight at St. Jude’s Church in Mountain Top. Next week they’ll be taken to Central United Methodist Church in Wilkes-Barre.
The next planned stop was to be Holy Family Church in Sugar Notch, but the borough got wind of the plan and acted with an enforcement letter addressed to the church and delivered by registered mail on Dec. 18.
The threat of a fine has not altered Vince Kabacinski’s plans to establish the temporary shelter at Holy Family. Kabacinski, director of V.I.S.I.O.N., was fielding calls throughout the day Monday and again Tuesday on the matter. Two of the callers pledged to pick up the tab for one day’s worth of fines.
He said the tug-of-war that’s involving a church, a homeless advocacy organization that has agreements with 36 churches in the county to shelter men, and a small borough’s council has brought unwanted attention to all three groups.
“This is just totally unnecessary,” Kabacinski said. “This is just some people inciting other people, refusing to listen to reason.”
Herman Balas, a Sugar Notch councilman who spoke out against the parish council’s decision to allow the shelter, said he’s sticking to his stance that the shelter would violate borough zoning ordinances and that he’s “fearful for our residents” if the homeless shelter is established. He said he’s heard the negative comments on the matter, but he feels he’s doing what the law requires, even if it means the church he’s a parishioner of gets fined.
Efforts to reach other council members, including Council President James Mullin, were unsuccessful Tuesday.
The story posted on www.timesleader.com drew 77 reader comments by 5:30 p.m. Tuesday. It was also a main topic on the WILK news radio airwaves Tuesday morning. The majority of the comments were in defense of the church and the organization, though a few did defend the borough’s decision, citing public safety concerns.
Kakareka said he, too, heard numerous comments about the issue.
“All sentiment that has been expressed to me personally has been in favor of housing the homeless,” the priest said. He declined to elaborate on what efforts are being made to bring the matter to an amicable end but said litigation isn’t on the table.
When asked about a potential appeal of the zoning officer’s decision to the borough’s zoning hearing board, he said “that remains a distinct possibility.” Other possibilities include calling for overnight prayer vigils that week, which could skirt zoning laws.
As of Tuesday evening, Kabacinski and Kakareka said they’re both moving forward with plans to house the homeless from 6 p.m. to 7 a.m. in the church’s basement the week of Jan. 11.
“Our offer to host them still remains,” Kakareka said.
“As of right now, we are opening up a shelter at Holy Family Church in Sugar Notch on Jan. 11,” Kabacinski said. When pressed as to whether the 40 homeless men will have a shelter if a decision is made by the church or the borough that the church isn’t an option, Kabacinski declined to comment, other than to say he’s not exploring other possibilities because he’s confident the church is within its rights to shelter the homeless for a week.
“We don’t think they (the borough) have a legal leg to stand on,” he added.
Balas said he, too, hopes an amicable solution is found that “keeps them out of a residentially zoned neighborhood.” But he said the zoning codes will be enforced and the fines will be levied if the church allows the homeless to seek shelter there in January.