125 Meeting of the Fulton County Commissioners-1 Tuesday, November 1, 2022 Present: Commissioner Ulsh, Commissioner Bunch & Commissioner Shives 8:30a.m. at the Commissioners' Office Absent: None Others Present: Fulton County Residents, James Leslie & Brad Wissinger Commissioner Ulsh opened the meeting with silent prayer and all recited the Pledge of Allegiance Commissioner Ulsh opened up the floor for public comments. Fulton County residents James Leslie and Brad' Wissinger both presented petitions to the Commissioners to hand count ballots for the 2022 General Election. Commissioner Ulsh stated that the matter would have to be discussed with the County Solicitor to see if it could be done. Attorney Stein was contacted by telephone to discuss the matter and advised the Commissioners according to the following statute of the Election Code; 25 P.S. S 3031.17 Statistical Sample, "The county board of elections, as part of the computation and canvass of returns, shall conduct a statistical recount of a random sample of ballots after each election using manual, mechanical or electronic devices of a type different than those used for the specific election. The. sample. shall include at least two (2) per centum of the votes cast or two thousand (2,000) votes whichever is the lesser". Attorney Stein also advised the Commissioners according to Statutes 25 P.S. $ 3261 and 25 P.S. S 3262 (see attached), that three qualified electors of the county would have toi file petitions with the Court for hand counting of ballots if they! have a reasonable belief that there was specific fraud or error after the election. Motion by Commissioner Shives to approve the Commissioners' Minutes of the October 25, 2022 Motion by Commissioner Shives to approve the Accounts Payable dated October 31, 2022 in the tot the flag. Elections Director Patti Hess was also in attendance for the discussion. meeting. Alli in favor. amount of $227,337.78. All in favor. Fund 100 General Fund Fund 201 Liquid Fuels Fund 235 Law Library Fund 247 CDBG Fund 400 Debt Service 178,772.21 $0.00 $178,772.21 1,510.33 246.10 13,974.84 950.00 3,153.15 28,731.15 $227,337.78 Manual Checks TOTAL GENERAL FUND Fund 262 Act 13 Marcellus Shale Recreational Fund 269 DCED Grant Funds-Election Integrity TOTAL ALL FUNDS Motion by Commissioner Bunch to approve Payroll dated November 4, 2022 in the amount of $114,392.88. Alli in favor. 126 Commissioners met with Patti Hess, Elections Director and CDBG Coordinator to discuss the naming ofa stream in Wells Township. Wells Tannery resident Gerald Wright requested the name of the stream to be called "Wishart Mine Run". The stream is 2.8 miles long and flows into a tributary of Motion by Commissioner Shives to approve Resolution 9 of 2022, A Resolution of the County of Fulton recommending the official identification and naming of an unnamed stream in Wells Commissioners met with Brad Seville, Building and Maintenance Director, to discuss the Warfordsburg Senior Center bathroom remodeling project. Commissioners gave recommendations Motion by Commissioner Ulsh to approve Resolution 8 of 2022, a Resolution "enacting the provisions of Act 57 of 2022 requiring all tax collectors acting on behalf of the County of Fulton to waive additional charges for real estate taxes provided the taxpayer complies with all of the requirements set forth in said Act and all other provisions of said Act have been met. This resolution shall become effective for all real estate taxes of the County of Fulton originating onor A bid opening for the Probation Steps Project was held at 10:00. AM. Tom Morisi, Keller Engineers, Motion by Commissioner Ulsh to table awarding the Probation Steps Project bid until reviewing of the bid by Keller Engineers, with action to be taken at the November 8, 2022 Commissioners' Motion by Commissioner Ulsh to approve a Budget Transfer Request from FY 2022 submitted by Devin Horne, MDJ4 Office, from line item 100-40921-521000 to 100-40921-545300 in the amount of$1250.00andf from linei item 100-40921-521500to1 100-40921-545300 in the amount of$1250.00, Commissioners met with IT Director Eldon Martin and Rick Grissinger in relation to hand counting of ballots if ordered or needed and if doing a live feed would be possible. Commissioner Shives requested to see something in writing from the state stating that the process would be legal to do Commissioners met with Food Basket Director Sue Cubbage to follow up on previous meetings pertaining to the Food Basket Truck. Commissioners asked Chief Clerk Stacey Golden to compose an Commissioners signed the October 25, 2022 Salary Board Minutes. A PComp Application for Safety Grant funding was also signed for newspaper advertising fees for the Probation Steps Project in the amount of $470.50. A letter to all of the Township Supervisors giving an update on the Broadband Motion by Commissioners Ulsh to enter into Executive Session for legal matters at 12:15 PM. All the Laurel Fork Creek which runs into Sideling Hill Creek. Township, Fulton County "Wishart Mine Run". All in favor. to Seville about the project. after. January 1, 2023." All in favor. was present for the bid opening. One bid was received. Meeting. Alli in favor. for carpet replacement in the office. Alli ini favor. SO. email to CCA. Project asking for support was also signed by the Commissioners. in favor. 127 Motion by Commissioner Ulsh to adjourn the meeting at 12:46 PM. Alli ini favor. FULTON COUNTY COMMISSIONERS Dhn MILL Randy/ A/Bunch,Vice-Chair E Paula. J. Shives Chair da Musa Respectfully: Submitted, Stacey M. Golden Chief Clerk Sacsy m gl 128 25Pa. Uncons. Stat. § 3031.17 Statistical sample (Pennsylvania Unconsolidated Statutes (2022 Edition)) $3031.17. Statistical sample The county board of elections, as part oft the computation and canvass of returns, shall conduct as statistical recount ofa random sample ofballots after each election using manual, mechanical or electronic devices ofa a type different than those used fori the specific election. The sample shall include at least two (2) per centum oft the votes cast or two thousand (2,000) votes whichever is thel lesser. History: 1937,June 3, P.L. 1333, art. XI-A, $1 1117-A, added 1980, July 11, P.L. 600, No. 128, $4, imd. effective. fastcase 25Pa. Uncons. Stat. § 3261 Opening ballot boxes upon petition of electors alleging fraud or error; deposit orl bond (Pennsylvania Unconsolidated Statutes (2022 Edition)) $3 3261. Opening ballot boxes upon petition of electors alleging (a) Except as set forth in subsection (a.1), the court of common pleas, ora judge thereof, oft the countyi in which any election district is located in which ballots were used, shall open thel ballot box ofs such election district used at any general, municipal, special or primary election held therein, and cause the entire vote thereof tol be correctly counted by persons designated by such court or judge, ifthree qualified electors oft the election district shall file, as hereinafter provided, aj petition duly verified by them, alleging that upon information which they consider reliable theyl believe that fraud or error, although not manifest on the general return of votes made therefrom, was committed ini the computation oft the votes cast for all offices or for any particular office or offices in such election district, ori in the marking oft the ballots, or otherwise in connection with such ballots. It shall not be necessary for thej petitioners to specify in their petition thej particular act of fraud or error which they believe tol havel been committed, nor to offer evidence to substantiate the allegations oft their petition. (a.1) In cases resulting from a recount or recanvass order by the Secretary of the Commonwealth under section 1404(g), all of thei following apply: (1) Upon petition under clause (2), Commonwealth Court shall: ()open the ballot box of each election district in which ballots were used at ag general, municipal, special or primary election; and (ii) cause the entire vote oft the election district tol be correctly counted by fraud or error; deposit or bond persons designated by the court. (2)To obtain relief under clause (1): ()Three (3) qualified electors ofa a county must file a verified petition alleging that, uponi information which they consider reliable, they believe that fraud or error, although not manifest on the general return of votes, was committed: (A)i in the computation ofvotes cast; (B) in the marking of thel ballots; or (C) otherwise in connection with the ballots. (ii) Iti is not necessary for thej petitioners tos specify in their petition the particular act of fraud or error which they believe to have been committed nor to offer evidence to substantiate the allegations oft their petition. lastcase 25Pa. Uncons. Stat. § 3261 Opening ballot boxes upon petition of electors alleging fraud or error; deposit orl bond (Pennsylvania Unconsolidated Statutes (2022 Edition)) (b) Every petition for the opening ofa al ballot box under thej provisions of this section shall be filed ini the office oft the prothonotary oft thej proper county, accompanied by a deposit of cash in the amount off fifty ($50.00) dollars, or byal bond signed by thej petitioners as principals and by a corporate surety to be approved by the court, in the amount of onel hundred ($100.00) dollars, conditioned upon thej payment tot the county treasurer: for the use oft the county of the sum ofi fifty ($50.00) dollars, in the event that, upon the opening oft thel ballot box, its shall not appear that fraud or substantial error was committed ini the computation oft the votes cast on thel ballots contained therein, or fraud ini the marking oft thel ballots contained therein, or (c) Before any ballot box is opened under the provisions oft this section, the court shall direct that notice of time and place of proposed recount be given, either personally orl by registered mail, to each candidate for the office or offices which aret tol bei recounted by the order oft the court, and each such candidate may bej present at such recount, eitheri inj person or by] his attorney orl byl his duly authorized representative, under such regulations as the court (a), If, upon opening any suchl ballot box, it shall appear that fraud or substantial error was committed ini the computation of the votes cast on the ballots contained therein, or fraud ini the marking of the ballots contained therein, or otherwise in connection with suchl ballots, its shall bei the dutyo of the court to certify such fact tot the prothonotary and thereupon the prothonotary shall return toi thej petitioners the said sum ofi fifty ($50.00) dollars, orifthe petitioners shalll have filed al bond in lieu of cash, to mark said bond cancelled and notify thej petitioners that hel has done SO. (e)If, upon opening any ballot box under thej provisions of this section, it shall not appear that fraud or substantial error was committed ini the computation of the votes cast on thel ballots contained therein, or fraud in thei marking oft thel ballots contained therein, or otherwise in connection with: such ballots, the persons upon whose petition such ballot box shall have been opened, shall forfeit to the county the sum of fifty ($50.00) dollars. Ifs said petitioners shall have deposited the said sum in cash withi the prothonotary at thei time of filing thej petition, the prothonotary, upon certification oft the court that fraud or substantial error was not discovered, shall pays said sum deposited with him to the county treasurer; and ift the petitioners shall have filed with their petition al bond int the sum of one hundred ($100.00) dollars, its shall bet the duty oft the county treasurer forthwith to collect from thej principals or surety on said bond, the sum of fifty ($50.00) dollars, and costs of suit, and: for this purpose, he is hereby authorized toi institute any necessary legal proceedings. When SO collected, otherwise in connection with such ballots. may: prescribe. fastcase 25Pa. Uncons. Stat. § 3261 Opening ballot boxes upon petition of electors alleging fraud or error; deposit orl bond (Pennsylvania Unconsolidated Statutes (2022 Edition)) the said sum off fifty ($50.00) dollars shall bej paid over to the county (f) Ballot boxes may be opened under the provisions oft thiss section at any time within four months after the date oft the general, municipal, special or primary election at which thel ballots therein shalll havel been cast. treasurer. History: 1937, June; 3, P.L. 1333, art. XVII, S 1701. Amended 2004, Oct. 8, P.L. 807, No. 97, S: 11, imd. effective. fastcase 25Pa. Uncons. Stat. § 3262 Recanvassing voting machines upon petition of electors alleging fraud or error (Pennsylvania $3 3262. Recanvassing voting machines upon petition ofe electors Unconsolidated Statutes (2022 Edition)) alleging fraud or error (a). Judicial proceedings shall be as follows: (1) Except as: set forth in clause (2), the court of common pleas, or aj judge thereof, of the county in which any election district is located, shall: make visible the registering counters oft the voting machine or machines used in such election district at any primary or election, and without unlocking the machine against voting, shall recanvass the vote cast therein, ifthree qualified electors oft the election district shall file a petition, duly verified by them, alleging that, upon information which they consider reliable, they believe that fraud or error, although not manifest on the general return of votes made therefrom, was committed ini the canvassing oft the votes cast on such machine or machines. Its shall not bei necessary for thej petitioners to specify int their petition the particular act of fraud or error they believe to havel been committed, nor to offer evidence to substantiate the allegations of (2): In cases resulting from aj recount or recanvass ordered by the Secretary of the Commonwealth under section 1404(g), all oft the following apply: (i) Upon petition under subclause (ii), Commonwealth Court shall: (A) make visible the registering counter oft the voting machine used; (B) without unlocking the machine against voting, recanvass the vote cast in their petition. the machine. (ii) To obtain relief under subclause (i): (A) Three qualified electors oft the county must filea a verified petition alleging that, uponi information which they consider: reliable, they believe that fraud or error, although not manifest on the general return of votes, was committed in the canvassing oft the votes cast on thei machine. (B) Itisnot necessary for the petitioners to specify int their petition the particular act of fraud or error they believe tol have been committed nor to offer evidence to substantiate the allegations oft the petition. (a.1) Every petition for the recanvassing of votes cast in the voting machine, or voting machines of an election district, under thej provisions oft this section, shall bei filed ini the office oft the prothonotary oft thej proper county accompanied by a deposit of cash in the amount of fifty ($50) dollars, orl bya bond signed by thej petitioners as principals and by a corporate surety tol be approved by the court ini the amount of one hundred ($100) dollars, fastcase 25Pa. Uncons. Stat. § 3262 Recanvassing voting machines upon petition of electors alleging fraud or error (Pennsylvania conditioned upon the payment toi the county treasurer for the use oft the county oft the sum off fifty ($50) dollars, int the event that upon the recanvassing of the votes casti in a voting machine or voting machines, it does not appear that fraud or substantial error was committed ini the canvassing oft the votes cast on such machine or otherwise in connection (b) Before the votes cast on any voting machine are: recanvassed under the provisions oft this section, the court shall direct that notice oft thet time and place of thej proposed recanvass be given, either personally or by registered mail, to each candidate whose name appears on thel ballot labels, and each such candidate may bej present at such recanvass, eitherin person or by his attorney, orl byl his duly authorized representative, under such regulations as (b.1) If, upon the recanvassing of the votes in any voting machine, its shall appear that fraud or substantial error was committed ini the computation of the votes cast on the voting machine or otherwise in connection with such voting machine, it shall bet the duty oft the court to certify such fact to the prothonotary, and thereupon the prothonotary shall return to the petitioners the: said sum of fifty ($50) dollars, ori ift the petitioners shall have filed al bond, inl lieu of cash, to mark: said bond cancelled and notify the (b.2) If, upon the recanvassing oft the votes in any voting machinei under the provisions oft this section, it shall not appear that fraud or substantial error was committed in the computation oft the votes cast in the voting machine or otherwise in connection with such voting machine, the persons upon whose petition such voting machine was recanvassed shall forfeit to the county the sum off fifty ($50) dollars. Ifsaid petitioners shalll have deposited the said sumi in cash with thej prothonotary at thet time of filing thej petition, the prothonotary, upon certification oft the court that fraud or substantial error or otherwise in connection with such machine was: not discovered, shall pay said sum deposited with him to the county treasurer, and ift the petitioners shalll have filed with their petition al bondi ini the sum of one hundred ($100) dollars, it shall bei the duty oft the county treasurer: forthwith to collect from thej principals or surety on said bond the sum of fifty ($50) dollars and costs ofsuit, and for this purpose hei is hereby authorized to institute any necessary legal proceedings. When sO collected, the said sum of fifty ($50) (c) Voting machines may bei recanvassed under thej provisions oft this section at any time within twenty days after the date oft the primary or election at Unconsolidated Statutes (2022 Edition)) with such voting machines. the court may prescribe. petitioners that he has done: SO. dollars shall bej paid over to the county treasurer. which they were used. fastcase 25Pa. Uncons. Stat. § 3262 Recanvassing voting machines upon petition of electors alleging fraud or error (Pennsylvania Unconsolidated Statutes (2022 Edition)) History: 1937, June; 3, P.L. 1333, art. XVII, $ 1702. Amended 1959, Dec. 17, P.L. 1891, $1; 2004, Oct. 8, P.L. 807, No. 97, $ 12, imd. effective. fastcase