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HomeMy WebLinkAbout1380 PerrottiIn Re: Robert Perrotti File Docket: X -ref: Date Decided: Date Mailed: Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Donald M. McCurdy Paul M. Henry Raquel K. Bergen Nicholas A. Colafella 04 -057 Order No. 1380 12/12/05 12/23/05 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was not filed and a hearing was waived. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement was subsequently approved. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. Perrotti, 04 -057 Page 2 I. ALLEGATION: That Robert Perrotti, a public official in his capacity as Supervisor of New Garden Township, Chester County, violated provisions of the State Ethics Act (Act 9 of 1989, 65 P.S. §401 et seq.) when he used the authority of his office for a private pecuniary gain of himself and the business with which he is associated by participating in discussions and actions of the board including making recommendations regarding plans and /or other actions for companies with which his company, V.P. Electrical Contracting, has or had contacts [sic]; and when he used the authority of his office for the private pecuniary gain of a member of his immediate family when he participated in discussions and actions of the board including but not limited to making recommendations to rezone property owned by his sister. II. FINDINGS: 1. Robert Perrotti has served as a supervisor of New Garden Township since January 2, 2002. a. Perrotti previously served on the township's planning commission from 1998 through 2001. 2. Professionally, Perrotti owns and operates V.P. Electrical Contracting, 950 Penn Green Road, Avondale, PA 19311. a. V.P. Electrical has been providing electrical services in the New Garden Township area since approximately April 11, 1980. b. V.P. Electrical is a family run business with Perrotti serving as president and his wife, Edna Perrotti, serving as the business' Secretary and Treasurer. 3. Articles of Incorporation on file with the Pennsylvania Department of State include the following corporate filings for V.P. Electrical Contracting: a. Entity Number: 2515521 Filed: April 11, 1980 Entity Type: Fictitious name Entity Name: V.P. Electrical Contracting Fictitious Owner: Robert J. Perrotti b. Entity Number: 2084739 Filed: April 6, 1992 Entity Type: Pennsylvania Business Corporation Corporate Officers: Robert J. Perrotti, President; Edna D. Perrotti, Secretary and Treasurer. 4. Perrotti disclosed his position as President of V.P. Electrical on Statements of Financial Interests forms he filed for the 2002, 2003, and 2004 calendar years. 5. V.P. Electrical Contracting clients include but are not limited to Manfredi Cold Storage /Manfredi Mushrooms, Box 368 Kennett Square, PA 19348 and Laurel Valley Soils /Laurel Valley Farms, 705 Penn Green Road, P.O. Box 640, Avondale, PA 19311. a. V.P. Electrical has been involved in electrical projects for both Manfredi Cold Storage /Manfredi Mushrooms and Laurel Valley Soils /Laurel Valley Farms prior to Robert Perrotti becoming supervisor in January 2002 or a planning commission member in 1998. Perrotti, 04 -057 Page 3 6. V.P. Electrical's business relationship with Manfredi Cold Storage /Manfredi Mushrooms dates back to at least 1988. a. V.P. Electrical has served as Manfredi's emergency electrician and is the outside electrical contractor who performs the majority of the electrical work for Manfredi. 1. Smaller electrical repair jobs are performed by employees of Manfredi Cold Storage. b. Frank Manfredi, Vice President of Manfredi Mushrooms, is Robert Perrotti's second cousin. 7 V.P. Electrical's business relationship with Laurel Valley Soils /Laurel Valley Farms dates back to at least 1990. a. V.P. Electrical is the sole electrician for Laurel Valley Soils /Laurel Valley Farms. 8. Financial records of Manfredi Cold Storage /Manfredi Mushrooms identify payments totaling at least $166,864.23 for work performed by V.P. Electrical since Perrotti became a township supervisor in January 2002. Annual payments were as follows: a. 2002: $37,427.89 b. 2003: $34,288.58 c. 2004: $68,660.96 d. 2005: $28,110.92 (through 4/28/05) 9. Financial Records of Laurel Valley Soils /Laurel Valley Farms identify payments totaling at least $178,326.66 for work performed by V.P. Electrical since Perrotti became a township supervisor in January 2002, Annual payments were as follows: a. 2002: $83,757.19 b. 2003: $52,894.99 c. 2004: $27,218.48 d. 2005: $14,456.00 10. Manfredi Cold Storage /Manfredi Mushrooms had three (3) separate projects which went before the New Garden Township Board of Supervisors for consideration since Perrotti became a supervisor. Manfredi Cold Storage /Manfredi Mushroom proposed projects included: a. The placement of a mobile home on Manfredi Mushroom property replacing dilapidated housing previously on the site. b. An addition to Manfredi's cold storage facility on the west side of Chambers Road. c. A cold storage unit to be built on the east side of Chambers Road. Perrotti, 04 -057 Page 4 11. Manfredi's Mushroom Farm is located at 275 Chambers Road, Kennett Square, PA. a. Situated on this property were at least one structure and a mobile home used to house migrant workers employed by Manfredi. b. These structures had utilities including electrical service. c. On or about March 2002, Manfredi removed a dilapidated housing structure from the property with the intention of replacing it with the mobile home. 12. On March 4, 2002, Frank Manfredi submitted an application to the New Garden Township Board of Supervisors for approval to place a second mobile home on his Chambers Road Mushroom Farm. a. The mobile home was going to be located on the same spot which formerly held the dilapidated structure. b. The mobile home essentially was replacing a structure already there and was not adding anything new to the property. 13. The New Garden Township Board of Supervisors considered Frank Manfredi's mobile home application request between March 4, 2002, and May 6, 2002. a. Perrotti participated in discussions and official actions of the board of supervisors on this application. b. Perrotti advocated for approval of the application believing that housing for migrant workers was in short supply in New Garden Township specifically and Chester County in general. 14. Minutes from New Garden Township supervisor meetings of April 1, 2002 confirm that Robert Perrotti participated in the vote to issue a permit to Manfredi for the trailer. 15. At the time of Perrotti's vote to approve Manfredi's application he did not have an expectation of additional business work for V.P. Electrical as a result of the project. a. Electrical connection service was included as part of the package Manfredi selected. b. V.P. Electrical was not the electrical contractor included in the package price. c. V.P. Electrical did have an ongoing business relationship with Manfredi Cold Storage /Manfredi Mushrooms at this time. 1. V.P. was paid $11,557.33 in April and May 2002 by Manfredi. 16. After receiving approval from New Garden Township, Frank Manfredi purchased a mobile home package for the site. a. The package included the mobile home, site delivery, setup, tie down and utility hook -up. b. Specifically included in the package was connection of the mobile home to electrical service. Perrotti, 04 -057 Page 5 17. The electrician slated to do the work as part of the package deal was unable to perform the work in a timely enough manner to satisfy Frank Manfredi. a. Manfredi contacted V.P. Electrical to handle the electrical installation deducting it from the mobile home package. b. V.P. Electrical handled the electrical installation at a time and materials rate. 18. On September 18, 2002, V.P. Electrical submitted an invoice in the amount of $1,624.12 to Manfredi Cold Storage for connecting the mobile home's electrical service. a. Manfredi Cold Storage issued business check number 1141 in the amount of $1,624.12 to V.P. Electrical on October 8, 2002 for the electrical work. 19. Throughout 2002 Manfredi Cold Storage submitted land development plans for proposed projects on both the east and west sides of Chambers Road. a. b. Both projects involved the construction of additional cold storage units to be used by Manfredi's Cold Storage business. The east side project never came to fruition. 20. Perrotti participated in discussions and official actions of the New Garden Township Board of Supervisors during 2002 relating to Manfredi's proposed cold storage units on both the east and west sides of Chambers Road. a. At the time these proposals were before the Board of Supervisors, Perrotti d /b /a V.P. Electrical had an ongoing business relationship with Manfredi Cold Storage. 21. Robert Perrotti participated in discussions and official actions on the proposed cold storage unit on the east side of Chambers Road during meetings of the board of supervisors including granting extensions and approving land development plans. 22. Perrotti participated in board approval of Manfredi Cold Storage's preliminary land development plans for the east side of Chambers Road granted on November 11, 2002. a. Approval of a land development plan is required prior to any site development. 23. Manfredi Cold Storage opted not to pursue its proposed development of the east side of Chambers Road after receiving preliminary land development approval on November 11, 2002. a. Manfredi Cold Storage decided to focus its attention on developing its proposed cold storage project on the west side of Chambers Road. 24. Perrotti d /b /a V.P. Electrical performed no services and received no compensation in relation to Manfredi Cold Storage's east side land development proposal. 25. Manfredi Cold Storage pursued its development of the west side of Chambers Road from the townships planning commission, through the board of supervisors to the project's ultimate completion. Perrotti, 04 -057 Page 6 a. Frank W. Manfredi filed an application for land development/subdivision with New Garden Township on July 25, 2001. 1. The name of the land development /subdivision is indicated as "Manfredi Cold Storage - New Facility." 2. The location of proposed facility was indicated at "West Baltimore Pike, south side, west of Chambers Road." The total acreage is 11.8 acres. 26. Manfredi Cold Storage's land development plan came before the township's board of supervisors on February 11, 2002. a. This occurred six (6) weeks after Perrotti became a township supervisor. b. Perrotti d /b /a V.P. Electrical was engaged in private business dealings with Manfredi Cold Storage at this time. 27. Between February 11, 2002 and April 14, 2003, Perrotti, in his official capacity as a New Garden Township Supervisor, participated in the following actions related to Manfredi Cold Storages land development plan for its property on the west side of Chambers Road, Kennett Square, PA. a. Review /approve final subdivision plan. b. Grant extensions of time. c. Waive traffic study. d. Preliminary site plan approval. e. Final site plan approval. 28. Robert Perrotti's participation in the proposed cold storage unit on the west side of Chambers Road occurred during the following meetings: a. 02/11/02 "Subdivisions (Item 2.) Manfredi /Richards - final subdivision plan to add 1.5 acres from Richards property to Manfredi property. Mr. Perrotti moved to approve this plan. Second by Mr. Nunn and carried with a unanimous vote." Attendance: Perrotti, Keeney, Taylor, Sundermeir, Nunn b. 08/12/02 "Subdivisions (Item a.) Extension letters Manfredi Bldg. Expansion to September 16, 2002. Mr. Keeney moved to grant the extension. Seconded by Mr. Perrotti and carried with a unanimous vote." Attendance: Perrotti, Keeney, Taylor, Sundermeir, Nunn c. 09/09/02 "Subdivisions (Item 4.) Frank Manfredi Addition: Mr. Manfredi was present and asked for relief form the traffic study since this addition will not add any more traffic. Mr. Sundermeir moved to waive the traffic study. Seconded by Mr. Perrotti and carried with a unanimous vote. Mr. Manfredi presented an extension of time letter re this project to October 18, 2002. Mr. Sundermeir moved to grant this extension. Seconded by Mr. Perrotti and carried with a unanimous vote. Attendance: Perrotti, Keeney, Taylor, Sundermeir, Nunn Perrotti, 04 -057 Page 7 d. 10/14/02 "Subdivisions (Item 3.) Manfredi Addition, west side of Chambers Road, preliminary plan. Mr. Nunn moved to approve preliminary plan. Mr. Nunn moved to approve preliminary plan subject to the above conditions. Seconded by Mr. Perrotti and carried with a unanimous vote." Attendance: Perrotti, Keeney, Taylor, Sundermeir, Nunn e. 11/11/02 "Subdivisions (Item 4.) Manfredi Addition - final plan - west side of Chambers Road. Mr. Perrotti said trees along Chambers Road must be short so trains can see past them at this intersection. Mr. Manfredi presented an extension of time letter to December 16, 2002. Mr. Sundermeir moved to approve this extension of time. Seconded by Mr. Perrotti and carried with a unanimous vote." Attendance: Perrotti, Taylor, Nunn, Sundermeir f. 12/09/02 "Subdivisions Frank Manfredi - addition on west side of Chambers Road. Mr. Keeney moved to table to December 17. Seconded by Mr. Nunn and carried with a unanimous vote." Attendance: Perrotti, Taylor, Nunn, Sundermeir, Keeney h. 12/17/02 "Subdivision /Land Development Manfredi addition, final plan, west side of Chambers Road: Mr. Perrotti moved to approve this plan contingent on Mr. Brutscher approving the agreement. Seconded by Mr. Nunn and carried with Mr. Sundermeir. Mr. Keeney was opposed." Attendance: Perrotti, Keeney, Sundermeir, Nunn 04/14/03 "Subdivisions 4. Manfredi Addition, west side of Chambers Road - final land development plan: Mr. Sundermeir moved to accept the agreement. Seconded by Mr. Taylor and approved with a unanimous vote. They will write an agreement for Mr. Brutscher to approve. Plan was given final approval based on this condition. Mr. Brutscher said plan can be signed now and if the agreement does not come through we can revoke the building permit. Supervisors will sign plan tonight." Attendance: Perrotti, Taylor, Nunn, Sundermeir, Keeney 07/07/03 "Manfredi Addition: This land development plan was approved three months ago with conditions. Supervisors want to check and make sure all the conditions have been met before they sign the plan. Mr. Keeney is concerned re the cap on money to repair Baltimore Pike and Chambers Road. Supervisors want to table this until next month. We will have them present at the second meeting in May." Attendance: Perrotti, Taylor, Nunn, Sundermeir, Keeney 29. On or about September 4, 2003, Frank Manfredi contacted Perrotti as V.P. Electrical requesting a bid quotation to perform electrical services as part of the west side of Chambers Road project. a. Perrotti d /b /a V.P. Electrical had an ongoing business relationship with Manfredi Cold Storage at the time. J. b. Perrotti verbally quoted the electrical portion of the job at $75,000. Perrotti, 04 -057 Page 8 30. On February 23, 2004, V.P. Electrical submitted business invoice number 14070 in the amount of $74,361.34 to Manfredi Cold Storage. a. This invoice includes materials, labor and the electrical inspection required to complete the job. b. The breakdown for each category was materials $43,247.96; labor $28,560.00 and electrical inspection $225.00. c. V.P. Electrical's services were completed after Perrotti participated in the votes to approve the land development plan. 31. On February 27, 2004, John Manfredi issued building addition check number 1019 in the amount of $74,361.34 to V.P. Electrical. a. In the memo portion of the check is the notation "Inv. # 14070." The following findings relate to the allegation concerning Perrotti's actions in relation to Laurel Valley Farms. 32. Laurel Valley Farms /Laurel Valley Soils, 705 Penn Green Road, Landenburg, PA has been in business since 1979. a. Laurel Valley Soils is a subsidiary of Laurel Valley Farms. b. Laurel Valley Soils supplies soil products in Southeastern, PA, Delaware, New Jersey and Maryland. 33. V.P. Electrical has had a business relationship with Laurel Valley serving as its electrician for at least fifteen years. a. V.P. Electrical is Laurel Valley's sole electrical contractor. b. V.P. Electrical handles all of Laurel Valley's electrical repairs and routine maintenance. c. V.P. Electrical does not have a written contract with Laurel Valley. d. V.P. Electrical provides Laurel Valley with electrical repair service on an as needed basis. 34. While serving as a member of the New Garden Township Planning Commission, Perrotti participated in discussions on Laurel Valley's proposed bulk processing facility during calendar year 2000. 35. As a result of the May 19, 2003 meeting Glenn Cote of Laurel Valley contacted Perrotti to do a site inspection for the purpose of preparing the electrical layout for the proposed composting project. a. Perrotti did this site inspection during June of 2003. b. Perrotti and Cote discussed and agreed upon an electrical layout for the project. c. Perrotti did not charge Laurel Valley for the site inspection. Perrotti, 04 -057 Page 9 36. As a New Garden Township Supervisor, Perrotti participated in discussions and official actions of the board of supervisors relating to Laurel Valley's passive composting site proposal. a. Perrotti routinely participated in discussions and actions on this project between February 3, 2003, and August 11, 2003. b. During the same period Perrotti, as V.P. Electrical, completed an electrical layout for the project and discussed the electrical work associated with the project with Laurel Valley representatives. 1. Perrotti's company was also being utilized and compensated by Laurel Valley for other projects. 37. The Laurel Valley proposed 13 acre passive composting site was discussed by the board of supervisors between February 3, 2003 and September 8, 2003. 38. On July 14, 2003 a resident questioned whether any supervisor had a conflict with the Laurel Valley Farms proposal. "One resident said that any Supervisor that had a conflict of interest with the owners of Laurel Valley should excuse himself from voting on this project. He thinks one of the Supervisors does work for Laurel Valley. Mr. Nunn moved to table this discussion to next month. Seconded by Mr. Taylor and carried with a unanimous vote." Attendance: Perrotti, Keeney, Taylor, Sundermeir, Nunn 39. On August 11, 2003 the board of supervisors voted to approve the Laurel Valley Farms agreement. a. Perrotti stated that last month a resident said he had a conflict of interest because he works for Laurel Valley. b. Perrotti then excused himself from further discussions. c. The agreement was approved by a 4 to 0 vote. d. Perrotti did not participate. 40. Perrotti participated in public discussions and executive sessions of the board of supervisors until the August 2003 agreement was approved. a. Perrotti spoke in favor of the plan and defended the plan during board meetings. b. Robert Perrotti excused himself from the approval of the agreement on August 11, 2003. c. During the time frame when he participated in board actions, Perrotti as V.P. Electrical, prepared the electrical layout of the project knowing that V.P. Electrical was the company that was going to do the work. 41. V.P. Electrical billed Laurel Valley Farms /Laurel Valley Soils a total of $23,942.82 for the work performed as a result of this project. a. Due to weather conditions, work had to be completed during two separate Perrotti, 04 -057 Page 10 occasions resulting in the two separate billings. 42. V.P. invoiced Laurel Valley Farms as follows: Date Invoice No. Amount Date Paid 7/20/04 14733 $16,960.43 8/19/04 2/18/05 15031 $ 6,981.89 4/04/05 These Findings relate to Perrotti's participation in rezoning property owned by his sister. 43. Phyllis Testa is Robert Perrotti's sister. a. Mario Testa is Phyllis Testa's husband. b. Diane Testa is Robert Perrotti's niece and would appear before the board of supervisors on her parents behalf. 44. Mario and Phyllis Testa own 13.20 acres of land (parcel # 60 -3 -154) that is adjacent to their residence, 812 Newark Road, Toughkenamon, PA (Parcel #60 -3 -150). a. This land is located near the Newark Road /Route 41 intersection. b. Mario and Phyllis Testa's ownership of this property is recorded in Chester County Recorder of Deeds Book #3957 pages 576 -586. 45. In 2001, the New Garden Township Board of Supervisors began exploring rezoning within the township. a. Proposed changes to the township's zoning map had the potential to change the zoning classifications of properties around the Route 41 /Newark Road intersection. b. Changes in the zoning classification of this area had the potential to affect Testa's property. 1. The Testa's appeared before the board of supervisors during an August 13, 2001 public hearing and September 10, 2004 requesting that their property be rezoned from R -2 to H/C instead of R -1. 46. Discussion by the board of supervisors regarding rezoning the Testa property and others in the Route 41 /Newark Road area continued into 2002 after Perrotti took a seat on the board of supervisors. a. Perrotti participated in discussions and official actions taken on the rezoning issue during the supervisors January 14, 2002 meeting. b. Perrotti abstained from discussions and official action taken on the rezoning at the board level after January 14, 2002 including meetings on March 1, 2004, March 8, 2004, April 5, 2004, and May 10, 2004. 47. Phyllis Testa's residence (parcel #60 -3 -150) was not included in the final ordinance. a. Testa's 13.20 acres (parcel #60 -3 -154) was rezoned from R1 to Highway Business District. Perrotti, 04 -057 Page 11 48. The Testa's currently retain ownership of this property and have not realized any pecuniary gain to date as a result of the zoning change. III. DISCUSSION: At all times relevant to this matter, the Respondent, Robert Perrotti (Perrotti), has been a public official subject to the provisions of the Public Official and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et seq., as codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., which Acts are referred to herein as the "Ethics Act." The allegations are that Perrotti, as a New Garden Township Supervisor, violated §1103(a) of the Ethics Act when he participated in discussions and actions of the board regarding plans or other actions for companies with which his company, V.P. Electrical Contracting, had contracts; and when he participated in discussions and actions of the board regarding the rezoning of property that included realty owned by his sister. Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest. The term "conflict of interest" is defined under Act 9 of 1989/Act 93 of 1998 as follows: Section 1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 Pa.C.S. § 1102. Section 1103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are reproduced above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Perrotti has served as a Supervisor on the five member board in New Garden Township since January 2002. In a private capacity, Perrotti owns and operates VP Electrical Contracting (VP Electrical), a family run business that provides electrical Perrotti, 04 -057 Page 12 services in the Township area. In addition, Perrotti is President and his spouse is Secretary and Treasurer of Pennsylvania Business Corporation. VP Electrical Contracting has clients that include Manfredi Cold Storage /Manfredi Mushrooms (Manfredi) and Laurel Valley Soil /Laurel Valley Farms (Laurel Valley). VP Electrical acts as an outside contractor and performs the majority of electrical work for Manfredi. For Laurel Valley, VP Electrical is the sole electrician. While Perrotti has served as a Township Supervisor, Manfredi has had three separate projects before the Township Board. Those three projects consisted of the placement of a mobile home on Manfredi's property to replace a dilapidated building on the site, an addition to Manfredi's Cold Storage facility on the west side of Chambers Road and a cold storage unit to be built on the east side of Chambers Road. As to the mobile home project, Manfredi submitted an application to the Board of Supervisors in March of 2002. Perrotti participated in discussions and official action of the Board as to Manfredi's mobile home application. Perrotti advocated for approval of the application and participated in the vote to issue the permit to Manfredi. At the time of the vote, the mobile home package included electrical connection services so that VP Electrical would not have been the electrical contractor for the project. Although VP Electrical had an ongoing business relationship with Manfredi, there was no expectation of additional business work for VP Electrical as to the project. When the slated electrician was unable to perform the project work in a timely and satisfactory manner, Manfredi contacted VP Electrical to complete the installation. The work was done on a time plus materials basis. VP Electrical then invoiced Manfredi in the amount of $1,624.12, who made payment to VP Electrical. Manfredi submitted land development plans for proposed projects on the east and west sides of Chambers Road as to cold storage units. For those two proposals, Perrotti participated in the discussions and official actions of the Board of Supervisors. At the time, VP Electrical had an ongoing relationship with Manfredi. However, Manfredi chose not to pursue the development of the east side of Chambers Road and VP Electrical performed no services and received no compensation as to that particular proposal. Manfredi did pursue the development of the west side of Chambers Road. Manfredi filed an application for land development subdivision with the Township for the west side of Chambers Road. The matter came before the Board in February 2002 and Perrotti participated as to the review and approval of the subdivision, the grant of extensions, the waiver of a traffic study, the preliminary site plan approval and final site plan approval. See, Fact Findings 27, 28. In September 2003, Manfredi contacted Perrotti to submit a bid for performing electrical services for the west side Chambers Road project. Perrotti made a verbal quote of $75,000. VP Electrical received the contract and performed the electrical work. Subsequently, VP Electrical submitted an invoice in the amount of $74,361.34 and Manfredi made payment. Laurel Valley also had matters pending before the Township. Laurel Valley had a business relationship with VP Electrical for 15 years. In this regard, VP Electrical acted as the sole electrical contractor for Laurel Valley. In May 2003, Glenn Cote of Laurel Valley and Perrotti on behalf of VP Electrical met for the purpose of preparing an electrical layout for a proposed composting project. When Laurel Valley submitted its proposal to the Township, Perrotti participated in discussions and official actions of the Board relating to Laurel Valley's proposal. At that time, VP Electrical completed an electrical layout for the project and Perrotti, on behalf of VP Perrotti, 04 -057 Page 13 Electrical, discussed electrical work associated with the project with Laurel Valley representatives. The Board of Supervisors met in August 2003 to approve the Laurel Valley Farms agreement. The meeting occurred after a Township resident raised the issue of whether Perrotti had a conflict as to the Laurel Valley Farms proposal. Perrotti noted the conflict issue and then recused himself from further discussions. The proposal of Laurel Valley Farms was approved by a vote of four members of the Board with Perrotti abstaining. However, Perrotti had participated in earlier public discussions and executive sessions of the Board of Supervisors prior to the August 2003 Board approval. VP Electrical performed work on that project, billed Laurel Valley and received $23,942.82 in payment. The third factual scenario in this case involved a rezoning of property that was co- owned by Perrotti's sister. Perrotti's sister, Phyllis Testa, and her spouse, Mario, owned approximately 13 acres of land in the Township adjacent to their residence. In 2001, the Board of Supervisors began exploring rezoning within an area of the Township that had the potential to change the zoning classifications of properties near the Testas and affect the value of Testa's property. Discussions by the Board of Supervisors regarding the rezoning continued into 2002 after Perrotti came on the Board. Although Perrotti participated in discussions and official actions on the rezoning issues during a January 2002 meeting, he abstained from discussions and official actions at the meetings after January 2002. The Testa residence was not included in the final ordinance. The Testas retained ownership of the property and the resultant zoning change did not have any pecuniary gain as to the Testa's property. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations. "3. The Investigative Division will recommend the following in relation to the above allegations: a. That no violation of Section 1103(a) of the Ethics Act occurred regarding the allegation that Robert Perrotti participated in discussions and decisions of the Board of Supervisors for New Garden Township regarding the Manfredi mobile home approvals; b. That an unintentional violation of Section 1103(a) of the Ethics Act occurred regarding Robert Perrotti's participation in board discussions and actions concerning the Manfredi applications for the Chambers Road projects; c. That an unintentional violation of 1103(a) of the Ethics Act occurred regarding Robert Perrotti's participation in board discussion and actions concerning the Laurel Valley composting facility between February 3, 2003 and August 11, 2003; d. That no violation of Section 1103(a) of the Ethics Act occurred regarding the rezoning recommendations and discussions made by the Board of Supervisors concerning property owned by Robert Perrotti's sister. 4. Robert Perrotti agrees to make payment in the amount of $2,500.00 in settlement of this matter. Said amount to be payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Perrotti, 04 -057 Page 14 Commission. Payments in the amount of $1,250 will be due by January 1, 2006 and July 1, 2006." Consent Agreement, ¶3, ¶4. Regarding the mobile home project application submitted by Manfredi to the Board, Perrotti participated in discussions and official actions on the application. Perrotti advocated for approval of the application and participated in the vote to issue a permit to Manfredi. Such actions were uses of authority of office on his part. See, Juliante, Order 809. At that time, however, Perrotti did not have an expectation of receiving any electrical work from Manfredi. See, Fact Finding 15. It was only after the electrician, who was slated for the project, was unable to perform the work in a satisfactory and timely manner that Manfredi contacted VP Electrical to complete the work. VP Electrical completed the work and submitted an invoice of $1,624.12 that was paid by Manfredi. In applying §1103(a) of the Ethics Act, the Stipulated Findings reflect that Perrotti had no expectation of receiving work from Manfredi on that project. In addition, the work that Perrotti received was after the approval by the Board and the issuance of the permit. Based upon Amato, Opinion 89 -002, we must conclude that there was not a use of authority of office to obtain a private pecuniary benefit. Accordingly, Perrotti did not violate §1103(a) of the Ethics Act regarding the Manfredi mobile home project in that there was not a use of authority of office to obtain a private pecuniary benefit. Amato, supra. Applying §1103(a) of the Ethics Act to the allegation concerning Perrotti's participation in the cold storage units, there were uses of authority of office by Perrotti. But for the fact that Perrotti was a Township Supervisor, he would not have been in a position to participate in the discussions and decisions as to the proposals. However, as to the east side proposal, the uses of authority of office did not result in a private pecuniary benefit to Perrotti. Manfredi did not pursue its proposed development on the east side of Chambers Road. Consequently, there was no pecuniary benefit to Perrotti. Without the element of a private pecuniary benefit, there can be no violation of §1103(a) of the Ethics Act. See, Lomire, Order 1323; Johnson, Order 1338. Accordingly, Perrotti did not violate §1103(a) of the Ethics Act as to his participation in discussions and decisions of the Board as to the Manfredi project on the east side of Chambers Road in that neither Perrotti nor VP Electrical received a private pecuniary benefit. Id. As to the Manfredi proposed storage unit on the west side of Chambers Road, Perrotti participated in discussions and official actions of the Board. See, Fact Findings 20, 27 and 28. Such actions on the part of Perrotti were uses of authority of office. Manfredi, in September of 2003, contacted Perrotti for a quote as to the project on the west side of Chambers Road. After Perrotti obtained the contract and completed the electrical work, VP Electrical submitted an invoice in the amount of $74,361.34 to Manfredi who issued a check in payment to VP Electrical for such services. The uses of authority of office of Perrotti resulted in a private pecuniary benefit to Perrotti or VP Electrical, a business with which Perrotti is associated. Accordingly, Perrotti unintentionally violated §1103(a) of the Ethics act when he participated in board discussions and actions as to the Manfredi project on the west side of Chambers Road that resulted in a private pecuniary benefit to Perrotti or VP Electrical, a business with which Perrotti is associated. See, Schmitt, Order 1020. Turning to the matter of the Laurel Valley composting facility, Perrotti participated in discussions and official actions of the Board relating to Laurel Valley's proposal. Such actions were uses of authority of office. It is noted that after a resident raised a question of a conflict on the part of Perrotti, he then abstained and did not participate in that matter at the August 2003 meeting of the Board of Supervisors. Perrotti received a private pecuniary benefit as a result of his uses of authority of office. In this regard, Perrotti's business, VP Electrical, received a total of $23,942.82 for electrical work that was Perrotti, 04 -057 Page 15 performed upon this project after Laurel Valley received approval from the Township Board. That private pecuniary benefit inured to Perrotti or VP Electrical, the business with which he was associated. Accordingly, Perrotti unintentionally violated §1103(a) of the Ethics Act when he participated in Board decisions and actions concerning the Laurel Valley composting facility as to which he or the business with which he is associated received a private pecuniary benefit for performing electrical services for Laurel Valley Farms. As to the last matter involving a rezoning problem concerning property that was owned by Perrotti's sister, Phyllis Testa and her spouse, Perrotti used the authority of office by participating in discussions on the rezoning issues. We note that Perrotti abstained from discussions and official actions from March 2000 forward. In any event, the Testa's property was not included in the final rezoning ordinance. More importantly, the Testa's did not receive any pecuniary benefit as to the value of her property vis a vis the zoning change. See, Fact Finding 48. Without a private pecuniary benefit, there can be no violation of §1103(a) of the Ethics Act. Id. Accordingly, Perrotti did not violate §1103(a) regarding rezoning recommendations and discussions of the Board concerning property owned by his sister in that there was no private pecuniary benefit. We determine that the Consent Agreement submitted by the parties sets forth the proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, Perrotti is directed to make payment in the amount of $2,500.00 in settlement of this matter. Said amount to be payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission. Payments in the amount of $1,250 will be due by January 1, 2006 and July 1, 2006. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. Robert Perrotti, as a Supervisor of New Garden Township, Chester County is a public official subject to the provisions of Act 9 of 1989 as codified by Act 93 of 1998. 2. Perrotti did not violate Section 1103(a) regarding the Manfredi mobile home approval in that there was not a use of authority of office to obtain a private pecuniary benefit. 3. Perrotti did not violate §1103(a) when he participated in discussions and decisions of the Board as to the Manfredi project approval on the east side of Chambers Road in that neither Perrotti nor VP Electrical received a private pecuniary benefit. 4. Perrotti unintentionally violated §1103(a) when he participated in board discussions and actions as to the Manfredi project on the west side of Chambers Road that resulted in a private pecuniary benefit to Perrotti or VP Electrical, a business with which Perrotti is associated. 5. Perrotti unintentionally violated §1103(a) when he participated in Board decisions and actions concerning the Laurel Valley composting facility as to which he or the business with which he is associated received a private pecuniary benefit for performing electrical services for Laurel Valley. 6. Perrotti did not violate §1103(a) regarding rezoning recommendations and discussions of the Board concerning property owned by his sister in that there was no private pecuniary benefit to her. Perrotti, 04 -057 Page 16 In Re: Robert Perrotti File Docket: 04 -057 Date Decided: 12/12/05 Date Mailed: 12/23/05 ORDER NO. 1380 1. Robert Perrotti, as a Supervisor of New Garden Township, Chester County, did not violate Section 1103(a) regarding the Manfredi mobile home approval in that there was not a use of authority of office to obtain a private pecuniary benefit. 2. Perrotti did not violate §1103(a) when he participated in discussions and decisions of the Board as to the Manfredi project approval on the east side of Chambers Road in that neither Perrotti nor VP Electrical received a private pecuniary benefit. 3. Perrotti unintentionally violated §1103(a) when he participated in board discussions and actions as to the Manfredi project on the west side of Chambers Road that resulted in a private pecuniary benefit to Perrotti or VP Electrical, a business with which Perrotti is associated. 4. Perrotti unintentionally violated §1103(a) of the Ethics Act when he participated in Board decisions and actions concerning the Laurel Valley composting facility as to which he or the business with which he is associated received a private pecuniary benefit for performing electrical services for Laurel Valley. 5. Perrotti did not violate §1103(a) regarding rezoning recommendations and discussions of the Board concerning property owned by his sister in that there was no private pecuniary benefit to her. 6. Per the Consent Agreement of the parties, Perrotti is directed to make payment in the amount of $2,500.00 to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission. Payments in the amount of $1,250 will be due by January 1, 2006 and July 1, 2006. a. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. b. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair