Dec 31, 2003 By Paul Sunyak 8 min read

Fayette County Commissioners Ronald M. Nehls and Sean M. Cavanagh voted Tuesday to put Dave Lohr on the Fayette County Housing Authority and return Nick Ludi to the Fayette County Airport Authority. Commission Chairman Vincent A. Vicites abstained on those two votes, which denied reappointment to housing authority board Chairman Kenneth J. Johnson and to airport authority board member Martin Griglak.

Cavanagh and Nehls also conducted a makeover of the Mental Health/Mental Retardation Advisory Board, replacing four board members and reappointing only Kelly Piatti. They chose Mark Rabatin, Fred “Fritz” Rulli, Bo Joseph and former board member Jim Quinn for the MH/MR board, moves that denied reappointment to Griglak, Bernard Dolobach and William Zawislan.

Thelma Pearson, an incumbent MH/MR board member, did not seek reappointment.

The moves were not without legal controversy. Assistant county solicitor Sheryl Heid, subbing for regular solicitor Joseph E. Ferens Jr., cited 1991 case law in staking out a position that lame duck commissioners could not make any appointments until the terms of those individuals have expired.

All of the positions filled Tuesday have expiration dates of Dec. 31, according to county record keeping.

Heid further noted that the two authority positions held by Johnson and Griglak don’t expire until Jan. 5 under state law, even though the county lists them as expiring Dec. 31.

“No appointments can be made until the vacancy occurs,” said Heid, who added that authority positions expire the first Monday in January regardless of how the county has tracked them over the years.

Cavanagh said that the solicitor was being trotted out to block the majority’s will, using a time-honored political tactic. He said the ruse wouldn’t work on him, especially when there was a legitimate “differentiation of opinion” as to when the terms expire.

“(Throwing) this at me at the last day … is typical of people trying to circumvent things,” said Cavanagh. “I never let my solicitor make a decision for me. …I pride myself on that.”

Cavanagh said that if what Heid was saying is true, then Ferens has provided the commissioners with bad legal advice for the eight years that he and Vicites have been in office.

“Are you saying that for the last eight years, Commissioner Vicites and I have done them (board appointments) wrong?” asked Cavanagh, to which Heid replied yes. Cavanagh then added that it’s funny how doing it a certain way is OK “when things are going your way,” but becomes a problem when that tide turns.

“I ain’t lame and I ain’t no duck,” Cavanagh said. “Whoever wants to fight it out in court can.”

Nehls said that the Pennsylvania Municipal Authorities Act of 1945 is “completely silent” on the matter of when county commissioners can make end-of-year board appointments. Nehls said he conferred with Douglas Hill, executive director of the County Commissioners Association of Pennsylvania, who confirmed that stance.

“I’d like to carry out my duties as commissioner,” said Nehls. “I’m going to do it (make the appointments). …If anyone wants to challenge it, then they can challenge it.”

Vicites abstained on the aforementioned votes, as well as reappointments Nehls and Cavanagh made to five other public agencies, based on the legal opinion put forth by Heid and his belief that the incoming board of county commissioners should make the decisions.

“The fact that there was case law on this regarding ‘midnight appointments’ and that I had publicly stated that the new commissioners should have the opportunity to choose the people that fits their philosophy” was at the core of his decision, said Vicites, who noted, “They’re going to be working with them for the next four years.”

Vicites added that since applications were not solicited for any of the available spots, many people might not have had the opportunity to apply.

The other votes supported by Cavanagh and Nehls included the reappointments of Russ Mechling III to the Fayette County Industrial Development Authority; Joseph Koast to the North Fayette County Municipal Authority; H. Bailey Herring and Brent Robinson to the Agricultural Preservation Board; Rick Allen and Bill Geary to the Fayette County Conservation District; and Louis Agostini, Larry Franks and Rob Guierre to the Fayette County Planning Commission.

Nehls and Cavanagh also voted to reappoint Dexton Reed to the Regional Trail Corporation board, and voted to appoint Ken Minerd to that board, replacing Jim Smith.

In nominating Republican Lohr for a five-year term on the housing authority, Cavanagh thanked Johnson for his years of service but added that it was time for a change. Cavanagh said that Lohr, his running mate for commissioner in 1999, was a man of integrity who was robbed of a commissioner’s spot in 1995 due to voter fraud.

Nehls initially noted that he had no concerns about appointing Johnson to a third term on the housing board, but said he was “kind of torn” because he also thought Lohr would be a good pick. However, after brief reflection Nehls seconded Cavanagh’s nomination of Lohr for the spot.

After the meeting, Lohr said, “In general things have got to be done the right way (at the housing authority). I’m just a regular guy who pays the taxes … I’m there to watch.” He added that like many taxpayers, he’s tired of watching public money being swindled.

Commissioner-elect Angela M. Zimmerlink, who’s spent six years on the housing board and often locked horns with Johnson, said she would consider Lohr for the spot should the decision ultimately fall to the incoming administration of herself, Vicites and fellow Republican Joe Hardy.

“I would like to talk with Dave. Today is the first day that I became aware that Dave Lohr was interested in this position,” said Zimmerlink, who pledged to interview and consider other candidates but noted she would “most likely” vote for Lohr if put in a position to choose.

“I think he would make a good board member at the housing authority,” added Zimmerlink.

However, Zimmerlink said she agreed with the decision to not reappoint Johnson, because he did a lot of things in the past six years that were not “kosher when it came to keeping board members apprised of what’s going on.”

Fayette County Housing Authority board member Beverly Beal, who attended Tuesday’s meeting, said she was “very happy” about Lohr’s appointment. While lauding Johnson for doing “a lot of work for charity,” Beal said he didn’t do enough to hold FCHA Executive Director Thomas L. Harkless accountable.

“He (Johnson) is not the same person he was when he went on the board,” said Beal. “The executive director is way out of hand.”

Johnson did not return a phone call seeking comment.

In nominating Ludi for a five-year term on the airport authority, Cavanagh noted that Ludi is a former airport board member who “flies big-time jets” and is the pilot of commissioner-elect Hardy.

“He is Joe Hardy’s pilot but that has nothing to do with it,” said Cavanagh, who explained that he wanted to return Ludi to the airport authority on his own merit as an aviation expert.

Current airport authority board Chairman Fred K. Davis said that Ludi served with distinction in the early 1990s, during a time when Rich Spellman was also on the airport board. “He’s a good guy,” said Davis of Ludi. “He would always vote his conscience and has been instrumental in correcting problems at the airport in the past.”

Contacted on an airport runway via cell phone, Ludi said, “I’m real eager to serve. I feel that I have a lot of knowledge in the field and can get the airport moving, for the betterment of the community.”

Hardy couldn’t be reached for comment.

Griglak, a political confidante and strategist for Vicites, said that while he has no intention of mounting a legal fight over his reappointment, he worries about a setback in the progress he’s helped establish at the airport in the past two years.

“For the last 40 years that airport was stagnant and stayed stagnant. But when we got on there, the board that we have now, there’s been more progress in the last two years than in the prior 40,” said Griglak, who added that’s he’s done all the airport’s public relations and is the point man in talking to the owners of adjacent Laurel Mall about an economic makeover of the area.

Griglak also said that Cavanagh and Nehls engaged in “political revenge” against him, which he understands and accepts.

“Obviously, Sean is angry because I was the manager of Vince’s campaign. And I helped the (Bill) Lincoln campaign, too. He said he’s going to get even with me and I guess he did it,” said Griglak

Griglak added that Nehls “always resented me from day one” because he was advising Vicites and Cavanagh early in their administration and “Ron wasn’t in the room.”

While Cavanagh could not be reached for comment on Griglak’s assertions, Nehls said they were “ridiculous” as they concern him.

“Here’s the shortest response I could make: If he said that, he’s stupid,” said Nehls. “Martin Griglak set the tone for replacing him, not me. Many people who served with him in various capacities had numerous complaints. They came to me and I saw first hand. And their complaint was, almost to a person, that he’s a very divisive person.”

Zimmerlink said that the last-minute flurry of legal opinions regarding the board appointments was a practice she intends to end upon taking office.

“I think it is a shame that the information is given at the last minute,” said Zimmerlink. “And I can assure you that that won’t happen on a county level when I’m commissioner.”