PAINT TWP., Pa. (EYT) — Wednesday’s meeting of the Paint Township Board of Supervisors was a contentious one, fraught with questions of order and legality.

The issues began early in the meeting as former supervisor and current auditor Randy Vossburg entered into the discussion of the previous meeting’s minutes, requesting several changes.

However, Solicitor John Marshall brought the discussion of the minutes to a halt, noting that the approval or disapproval of the minutes and changing of the minutes is for the supervisors only, and any public comments should be held for the public comment period.

“Well, my comment’s wrong, John. When I say something, it should be put in the minutes that way and not diluted,” Vossburg argued.

Vossburg then brought up the issue of a rented trailer, and he and supervisor and board chairman Jeff Corcetti began to argue, and Marshall had to step in again.

“Gentlemen, we need to get control of this meeting right now. Mr. Vossburg, you are out of order. The meeting is between the supervisors to approve, change, or disapprove of the minutes.”

However, despite the moment of calm after Marshall stepped in, Vossburg spoke up again.

“I can’t have something put in there that’s not in there,” Vossburg said.

“Mr. Vossburg, do we need to call someone to have you removed?” Marshall asked.

“We might later on,” Vossburg replied.

“We can just do it now. I’d be fine with that,” Corcetti added.

“You don’t get to ask questions at this point. You’re not controlling this meeting,” Marshall told Vossburg.

The meeting was then returned to chairman Corcetti’s control, and after a short discussion of a change in the minutes, the minutes were approved with the modification.

The first order of business brought more contention, this time between supervisor Don Clinger and Marshall.

The agenda item was the consideration of the resignation of Jeff Corcetti from the board.

However, Corcetti explained that on March 31, he submitted a resignation but had since discovered new information and wanted to withdraw the letter of resignation.

“I feel that I’m entitled to still be in the position of Paint Township supervisor even though I do not live in Paint Township.”

Clinger asked how he had come to that conclusion, and Marshall answered, noting there was a Pa. Supreme Court precedent set in 2003.

“That case held that township supervisors and local officials that have been elected and taken office can only be removed from office through the impeachment process or through the governor and that type of process. There’s no authority to require a residence requirement in the Constitution of Pennsylvania.”

Marshall went on to note that as long as the supervisor was eligible to assume the office at the time of their election and lived in the township for a year, once they assume office, there is only one way they can be removed, and that’s through the impeachment process. He also stated that was reflected in the most recent borough code that was enacted, which changed the procedure for removal of borough officials.

However, during his explanation, Marshall used the phrase “in my opinion,” which Clinger took up as a point for contention.

“Keyword is your opinion. You have to reside in the township,” Clinger said.

Clinger went on to take issue with Corcetti’s intent to withdraw his letter of resignation, arguing that he could not withdraw it now.

Marshall disagreed, explaining that a resignation does not become official until the Board of Supervisors vote to accept it.

Clinger continued to argue, contending, “That’s not what the state says.”

Marshall then told Clinger he’s welcome to challenge the issue, but his understanding is that a resignation can be withdrawn at any time before it is officially accepted.

“He doesn’t need anyone’s approval to remove that, so long as it hasn’t been accepted by the Board of Supervisors by a vote, he’s still in office.”

The meeting then moved on to the next item on the agenda and approved the resignation of Henry Smerkar from the vacancy board.

Corcetti then moved onto the subject of the excavator trailer purchase delay from SIC Metals, noting the township had received a letter saying the company still planned to deliver the trailer, which was ordered in November of 2019.

The trailer still had not been delivered as of Wednesday evening.

The supervisors went on to discuss the following items:

– Approve an advertisement for bids on road work suggested by PennDOT,
– Announce a notice that Keystone Collection has extended the Tax Deadline to May 17,
– Announce a public notice of a permit application for Chapter 102 permits for stormwater from CM Holdings LLC, and
– Announce a land development notice from TTC Clarion for a property along State Route 66.

The agenda for the evening also included an item listing Randy Vossburg’s wish to give a statement on bids and purchases. However, when Vossburg was given the floor, he began questioning the supervisors again, and Marshall interjected.

“Just so everybody’s aware, this is a public comment period, and you guys are not required to answer questions if you don’t want to.”

Vossburg argued that the period should not be considered public comment since he was on the agenda.

“I understand that. You’re allowed to have your say, but they’re not required to answer your questions.”

The township officials chose not to answer the question, and Vossburg and Marshall then began to argue again over what information Vossburg is entitled to have as township auditor.

Vossburg went on to suggest the supervisors return to a previous format for the meetings where more of the bills are discussed publicly.

“Thanks for your opinion on how we should do things,” Corcetti responded.