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WILKES-BARRE TWP. — The groundbreaking for the expansion of the Mohegan Sun Arena at Casey Plaza could happen in July, but board member George Horwatt might not be around for it.
The Luzerne County Convention Center Authority on Wednesday voted to ask county council to remove Horwatt for missing three consecutive meetings without an excuse.
Horwatt, 60, of Dallas, who participated in the regularly scheduled meeting at the arena by phone, voted against the measure, despite legal advice that he should abstain in order to avoid a conflict of interest.
One of 11 authority members appointed by council, Horwatt was targeted for removal last year for the alleged bullying and harassment of chairwoman Donna Cupinski and the arena’s former general manager, Rebecca Bonneviere, in a series of emails.
Horwatt was only going to be warned of his absences after authority member Hal Bloss brought them up.
“We need people here to conduct our business so that in the future if this happens again, I will be asking the board to pass a resolution for any member that misses three meetings, consecutive meetings to be removed,” Bloss said.
Upon confirmation by Cupinski that Horwatt was not excused from the meetings, authority member Dave Palermo spoke up.
“I would like to notify whoever the appropriate agency is that we have a board member that has missed three meetings unexcused.
“That would be county council,” Cupinski responded and cited the state Municipal Authorities Act as the applicable law.
“Let me read it for you,” she said. “Unless excused by the board, a member of a board who fails to attend three consecutive meetings of the board may be removed by the appointing municipality up to 60 days after the the date of the third meeting of the board which that member failed to attend.”
County Council Chairwoman Linda McClosky Houck said Cupinski’s reading of the act is correct. However, McClosky Houck said “It doesn’t say we must remove him.” Council will consider the matter if it’s presented with it, she added.
Horwatt, whose term expires at the end of 2016, said for one of those meetings he called in to say he was ill and would not attend. He ignored the counsel of authority solicitor Murray Ufberg to abstain.
Cupinski sought and received approval from the board to move its meeting from July 8 to coincide with the groundbreaking on July 9. The project to add a lounge and food and beverage areas is still in the design stage. “We hope to have it out to bid by the end of April,” she said.
Authority member Alex Milanes also sought assistance from Ufberg on a contract-related issue with SMG, which manages the arena.
“I pored over our contract with SMG and I don’t see anywhere ,and I hope Murray can clarify this for me ,where SMG is allowed to use our facility, our office space rent free. I believe that is the case right now,” Milanes said.
Ufberg said he would research the issue for the next meeting set for noon on May 13.