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County seeks council resolution to appoint Palmetto Posting for tax-sale personal service after Commonwealth Court ruling
Summary
Tax-claim staff asked County Council to adopt a resolution appointing Palmetto Posting to perform personal-service notices for the county’s tax-claim sale after a Commonwealth Court decision clarified that the appointment requires council action rather than an executive appointment.
Erie County’s tax-claim bureau asked County Council to adopt a resolution appointing Palmetto Posting and its agents to perform personal-service notices required under the real estate tax-sale law.
A tax-claim staff member explained that under the county’s home-rule charter the historical split of duties between a county executive and county council raised questions about whether the executive could unilaterally appoint agents to perform personal service. A recent Commonwealth Court decision interpreting the statutory phrase “county commissioners” requires the appointment to be made through an open, public resolution by the county legislative body (county council) rather than solely by the county executive.
Staff told the council that Palmetto Posting has performed the posting and personal service work for the county for several years and that the company provides GPS-tagged field reports and photographs each time it posts a property. Staff said the company posts the entire county in under a week and that the contract rate is about $22.50 per posting; by contrast, staff said the sheriff’s office estimated personal service would cost about $80 per parcel if the county used deputies. The staff member said the contract was in place before she took over the department and that the contract currently runs through the end of the year.
Council members asked about procurement history, costs and whether the county had run an RFP; staff said Palmetto has been used since at least 2016–2022 and that the county’s overtime and staffing costs made the vendor more economical. Staff recommended the council adopt a resolution naming the vendor and listing its field personnel as required by the court decision so the September tax sale can proceed.
The transcript shows the issue was presented and discussed; the county sought council adoption of a resolution to preserve the tax-sale process in light of the court ruling.
