Supervisors replace 3 of 5 appointments
A legal glitch resulted in the invalid appointments, the solicitor said.
By MARY GRZEBIENIAK
NEW CASTLE, Pa. -- Union Township supervisors have replaced three of five members appointed in 2004 to the township sewer and disposal authority after the solicitor advised them the men's 2004 appointments were invalid.
They were replaced when supervisors met earlier this month for their reorganizational meeting.
Carmen Merolillo, Frank Magusiak and William Magusiak were never validly appointed, according to a memorandum provided by Township Solicitor Gabriel Cilli.
He said the appointments were made before articles of incorporation were amended to increase board membership.
The appointments of two other members, Randy Conti and Sam Marino, were valid because they were appointed after the articles of incorporation were amended.
As a result of Cilli's memorandum, supervisors have appointed James Connerly to the sewer authority for a one-year term ending Dec. 31, 2007; Arwood Pinkerton for a two-year term ending Dec. 31, 2008; and Gerald Brown for a three-year term ending Dec. 31, 2009, to replace the three invalid appointments.
Supervisors filled other vacancies by appointing Michael Annarella and Donald Pagley for five-year terms ending Dec. 31, 2011.
The votes were unanimous except for the appointment of Brown, which Supervisor Pat Angiolelli opposed.
Cilli's memo says at the sewer authority's January 2004 reorganizational meeting, members defeated a motion to expand the board from six to 11 members.
Cilli states that a motion made to study and discuss the need for an expansionof the board also was defeated.
Stephen Galizia, who was a township supervisor at the time, then told the board "that if they did not reconsider their action he would do whatever is necessary to remove the present members," Cilli's memorandum states.
The earlier motion was then rescinded and members voted to increase the board to 11 members. Cilli goes on to explain, however, that the five new members could not be appointed by township supervisors until the sewer authority voted to increase board membership and the articles of incorporation were amended to increase the membership.
The articles were amended between the March and April 2004 meeting, according to the board's solicitor at the time, Cilli states. So Conti and Marino were legally appointed in 2005, but there was no evidence given that supervisors ever appointed Merolillo or the two Magusiaks after the articles were amended.
Also at the 2007 reorganization meeting:
Supervisor Clair Damon was reappointed as chairman and roadmaster to work 40 hours per week. His wages were continued by township auditors at 15 per hour.
Sally Byler was reappointed secretary-treasurer and given a 5-per-hour raise over last year's 10 per hour.
Supervisors will meet one hour earlier than in 2006, at 6 p.m. the third Thursday of the month.
Cilli was reappointed solicior at 100 per hour. Atty. Thomas Leslie was reappointed as zoning solicitor at 85 per hour.
Willis Alley was reappointed township zoning officer at 6,000 annually, a 2,000 increase because, Byler said, of the many hours Alley spent in the office and the good job he did in 2006.
Supervisor appointments were Angiolelli as department head to the sewer authority; Kevin Guinaugh as department head of Scotland Meadows Park; and Damon as department head of the planning and zoning board and of the township police department.