HomeMy WebLinkAboutCOMM - Meeting Minutes - 13 - 3-25-1976 - COMMISSIONER86 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MALCOLM L. MORGAN, MICHAEL R. FLYNN. EDWARD M. PALUSO, COMMISSIONERS
inute No. 13
Office of the County Commissioners
Washington, Pa., March 25, 1976
The Board of County Commissioners met in regular session with the
following members being present: Commissioners Flynn, Paluso and Morgan. Also
being present: Chief Clerk Brady, County Solicitor Diamond; Mrs. Miller of The
League of Women Voters; John Cadez from Engelhardt -Power and Associates; Mr.
Bard Judy of the Soil Conservation Service; Attorney Robert Zeman; Bob Robertson
of The Observer Reporter; Earl Bugaile of WKEG and Phil An elo of The Daily Note .
Chairman stated for the record that the three Commissioners, the
Chief Clerk and the County Solicitor were in attendance.
Chairman asked if there were any corrections, additions -or omissions
to Minute No. 12, each member having received a copy.
Mr. Flynn: On Page 83 concerning our arrangements across the street, the
Minutes relate that the space was needed for the law library and this was the
most reasonable and convenient spot. What I stated was the most convenient
spot available to relocate the Tax Assessment Office, so we could put the law
library where the Tax Assessment Office was formally located. In other words,
in reading the minutes the way they are now, you would think that we are leasing
this space over to the law library. It should read that you leased space for
the Tax Assessment Office to make room for the law library where it is presently
located right across the hall.
Moved by Mr. Paluso, seconded by Mr. Flynn, that Minute No. 12 be
approved with the correction as per above.
Roll call vote taken:
Mr. Flynn - Yes; Mr. Paluso - Yes; Mr. Morgan - Yes.
Motion carried unanimously.
Special Order of Business: Soil Conservation Service
Chairman stated that Mr. Bard Judy of the Soil Conservation Service
was on hand today to present an item of business to the Board. Mr. Morgan then
asked Mr. Judy to come forward and give a further explanation concerning this
matter.
Mr. Judy: Before we can get into any more construction of any kind, we have to
have a commitment for the Corps of Engineers. The name of the applicant, of
course, is the Board of Washington County Commissioners. This is for construct
of Cross Creek Site 661 out in the County Park. It is to be built for flood
control and will be used for public use. We hope to begin work sometime around
July 1st of this year. These permits are good only for three years, from July
1976 to December 1979. We have two other permits from DER, a construction
permit and a water quality certification that we will have to obtain later afte
all the designs are done. I have already given the Corps of Engineers a copy
of the work plan and have attached the necessary maps that they will need.
This is just an application to be signed by the sponsors for the permit and it
also states that any governmental unit will not have to pay any fees for this
permit.
Mr. Paluso: What you are saying is this is part of the necessary red tape and
documents needed prior to the construction?
Mr. Judy: Yes. We will have to have one of these for every structure that we
build from now on. On Harmon Creek Site 483, which we have already built, we
have a little leakage problem, which we are going to grout. This is an amend-
ment to the project agreement which you signed some years ago and in which we
state that we are going to spend some $201,550.00 for the grouting work.
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R FLYNN. FRANK .TONES, JR., EDWARD M. PALUSO, COMMISSIONERS
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The Service will pay 100% of the cost. This is really nothing more than informi:
you that we are going to do this. Then we will have another amendment #2 which
will be for the drainage. There are going to be two contracts for Site 483, one
for the grouting and one for the drainage.
Moved by Mr. Paluso, seconded by Mr. Flynn, that the application for
Corps of Engineers regarding Cross Creek Site 661 and the resolution amend-
nt regarding Harmon Creek Site 483 contract be approved and executed as per
Roll call vote taken:
Mr. Flynn - Yes; Mr. Paluso - Yes; Mr. Morgan - Yes.
Motion carried unanimously.
Chairman stated that he had received a petition from the senior
citizens of East Bethlehem Township requesting that the park at Ten Mile Creek
be opened earlier than May 1st to take advantage of the spring fishing season.
. Morgan stated that this matter will be referred to the Chief Clerk who will
contact Mr. Michael George of Parks and Recreation for review to see if this
equest can be met.
As a result of a meeting yesterday afternoon with the Department
Public Welfare, Director Robert Stewart, Mr. Gannon, President Judge Sweet,
representatives of the Domestic Relations Office and the Commissioners Office,
Chief Clerk Brady presented a Child Support Program Cooperative Agreement for
the Commissioners action. Mr. Brady stated that under this program, we might
anticipate approximately $100,000.00 a year in return payments. If we are
able to sign this prior to March 31, 1976, we would be entitled to receive
incentive payments for January of $4659.76 and for February $7,389.11. In the
future, the DPW would reimburse 75% of the child support costs for operating
in the Domestic Relations Office through the period of January 1 through June
30th. Mr. Brady also stated that -we -can withdraw from this program any time
on 60 days notice.
Remarks:
Mr. Paluso: It was a result of the meeting we had with them. They have
changed it around to a 60 day cancellation clause. We do not have to use the
incentive money in exactly the same way as before. In other words, you increase
your budget. If you recall in the original document, that was not so. It had
to be in addition to. It will be based on the 75 budget, so its really for our
advantage, the new agreement and the new explanation that we received....
Mr. Flynn: The 60 day clause was in the original contract because I gave the
files I had to Mr. Brady. I went through them quite throughly. The question
in my mind is this, if you have a budget of $100,000.00, a hypothetical figure,
you cannot reduce that. I don't care if they give you $300,000.00 from the
federal government, you cannot reduce that. You must submit.... You are talking
about additional staff and so on and so forth. My humble opinion is, under
the present setup, it is one of the most unique systems in this Commonwealth
in so far as having Domestic Relations problems. Now I would like to ask a
question, Mr. Gillespie is in charge of the .......as Program Director. What
is you opinion, Mr. Gillespie?
Mr. Gillespie: I was not at the meeting.
Mr. Flynn: No, but you are familiar with the program. What I am trying to say,
is the program up to us, or is it going to be a liability.
Mr. Paluso: It looks like under the-.w,rules,and Mr. Stewart apologized at the
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00 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK .TONES, JR., EDWARD M. PALUSO, COMMISSIONERS
previous meeting we had in this room in September for four hours, he was not
familiar himself with the exact usage. Your right, we cannot reduce our budget
which was $48,684.00 in 1975, but any increase to that budget naturally with
inflation and salary raises, it would grow each year as we all know.
Mr. Morgan: They key factor, Mr. Flynn, in the meeting that I attended and
my opinion about this was that the increased revenues that we receive can be
used for the present staff for increments and etc., and the size and the
possibility of adding a staff.
Mr. Flynn: It also increases the number of personnel, is that right, sir?
Mr. Paluso: Only within the frame work of the amount that they receive.
Mr. Flynn: That is what I am saying. That is where the catch is. The
questions is, is the personnel needed. Did you evaluate the number of cases
handled with the number of personnel.
Mr. Paluso: According to Mr. Koval, he handles 1700 of them which we will be
reimbursed. Now the ones he handles now, as well as the 3700 handled here.....
Mr. Morgan: Now they have a total case load of 4400. 1750 of them are the
DPW.
Mr. Paluso: We will get incentive money for both. For the work that he is
already doing. It seems to be, under this set-up, to our advantage. We can
always withdraw. It looks like a reasonable deal.
Mr. Flynn: I would like to suggest, in the future, that Mr. Gillespie as
Program Chairman be invited to attend these meetings to also make recommendati
Moved by Mr. Paluso, seconded by Mr. Morgan, that the Board adopt
the Child Support Program Cooperative Agreement as per above.
Roll call vote taken:
Mr. Flynn - No; Mr. Paluso - Yes; Mr. Morgan - Yes.
Motion carried.
Chairman stated that Attorney Robert Zeman was present today to
discuss a special item of business that was discussed yesterday concerning a
matter at the Chartiers Creek Flood Control Project. Mr. Morgan then asked
Mr. Zeman to step forward and give further details regarding this matter.
Mr. Zeman: Gentlemen, I received some rather angry calls yesterday morning.
One from Anna DeMarino and some persons whose identities are unknown, apparently
some friends and neighbors of hers who were sitting, at her,, invitation, either
in or next to a dilapidated metal shed down on the south bank of the Chartiers
Creek. The Contractor, Ram Construction, was ready to begin with his bulldozer
and he was fearful if he did so, anal -the building was undermined and fell in,
that certain people would be injured. Mr. Lastooka asked me to go down and
forceably remove Mrs. DeMarino and her invitees and I said that I could
obviously not do that. That this wasn't the job of the County in the first
place. He said, we are losing time and there is going to be a lot of cost,
expense and damage, and we are going to hold the County liable. I got in
contact with Mrs. DeMarino's lawyer, Mr. Julian, who had some weeks ago said
that .... made an adverse clasm to am -portion -of the ground within the lines of the
project. I told -him that obviously if he felt there was any merit to his claim
that what he should do was proceed with a petition for a plaint of viewers.
I understood, in fact he told me, that he was preparing that petition. So far,
to my knowledge it hasn't been filed at least, it hasn't been served on me.
Z then got"in touch with Mr. Lastooka of Ram Construction and asked him if he
cared try join Washington County in an injunction proceedings, as Plaintiff.
He said No, and I said I am going to have to name you as a Defendant because
under the law anybody who has In interest in the cease of equity litigation
must be named as a party, either Plaintiff or Defendant. I then called the
office of the Corps of Engineers and spoke to Mr. Burdett, who is counsel for
Colonel Janiero and asked him whether the Colonel would join as a party
plaintiff, and he said No, so I said in that case, we are going to have to make
you a Defendant, and he said alright, do so. Then I spent the rest of the day
preparing an injunction proceedings in the form of a complaint in equity and
read it to the County Solicitor yesterday. Mr. Julian, by the way, had asked
for $4,000 on behalf of his client in our original conversation, and then on my
way to the office, he put in another call this time to the office, and when I
got to my office, I saw there was a note in which he was claiming $15,000. So
with that, I went ahead and prepared a proposed complaint in equity. The
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MIUUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY; PENNSYLVANIA
_ MALCOLM L. MORGAN, MICWAWL. R. FLYNN, EDWARD M. PALUSO, COMMISSIONERS
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same time, I prepared a resolution for your consideration which is short and
with your permission I will read it.
RESOLUTION
WHEREAS, Anna DeMarino is claiming an interest in lands
lying within the lines of the Chartiers Creek Flood Protection
Project, Canonsburg -Houston Reach Unit 2 and is preventing John
Lastooka, doing business as Ram Construction Company as contractor,
from proceeding with necessary construction work on said Project
and he has threatened to make a claim against the County of
Washington for all losses and damages suffered by him by reason
of the delay in his construction work; and
WHEREAS, the County of Washington denies that the said
Anna DeMarino has any interest in said lands.
NOW, THEREFORE, BE IT RESOLVED, That the County of
Washington institute, and prosecute, such action or actions that
may be proper and appropriate to prevent the said Anna DeMarino
and any persons acting at her. -invitation from impeding the progress
of said construction work and to name as parties -defendant to such
action or actions any persons having an interest in the outcome
thereof.
The adoption of the foregoing Resolution was moved by
seconded by and duly passed this 25th
day of March, 1976.
ther remarks:
Mr. Zeman: I have with me, but will not take your time at the moment to read the
proposed Complaint in Equity, but I have copies if you wish to read it because
it will be necessary that if you approve this resolution and approve the form and
content of the Complaint in Equity that you swear to it and subscribe to it, so
that it may be presented to the Court. Let me say one thing, Mr. Julian, on
behalf of his client, Mrs. DeMarino, is claiming two ways. First he is claiming
by virtue of the deed description which does not bear out his position. And
secondly, he is claiming by virtue of adverse possession. Now these are mutually
contradictory legal concepts. In other words, he either owns it or he has
squatters solvency. I think that the two previous Commissioners sitting here
will recall that we had a meeting with Colonel Delbridge, and at that time I
called to his attention that there was a number of slivers of land along the
south bank of the creek which were causing us a lot of difficulty. The Colonel
at that time said remove them from the project and the following morning
Mr. Lucas called me and said they are removed. At that time, a very small
sliver of land owned by DeMarino's was included in the project. As a matter
of fact, it was so narrow, that a person with relatively long legs could step
across it with one step. The Colonel realized that.this was ridiculous. I
think the Commissioners will also recall that at last Friday's meeting the
representatives of the Corps had said that in making the design of the channel-,,
they had paid no attention to the property lines and many of these items should
be reconsidered in order to form the property lines. This is. ---exactly what
occurred in this situation. Apparently the DeMarino's felt that they were
included in the project because..... they did try to reach Mr. Graham to discuss
the matter of settlement with Mr. Graham, but were unable to reach him. So
the parcel was removed. We are not in the -position -_to condemn, at least I do not
believe we are, the DeMarino property because it is not, according to the proper-
ty lines and according to the drawings, in the line of the project. So that our
only recourse is to try and have the court issue an injunction. Now the proper -
proceeding here is, if it be finally determined that the DeMarino's have an
interest then the proper procedure -for them, or the widow, Mr. DeMarino has
since died, to either institute an action in treppass or to file a petition
for the appointment of viewers alleging the fact of taking. According to the
drawings, according to the plan and according to the Forbes Steel title, there
is no interest in DeMarino within the present lines of the property. They have
not filed any certificate of adverse possession against Forbes Steel, at least
the public record doesn't disclose it and the deed lines do not call for land
bounded by the creek. So I submit, for your favorable consideration, the
resolution and perhaps at the conclusion of this meeting or some other time,
you might wish to go over the Complaint in Equity; and if you are satisfied
with the averments and the truth of the averments based upon your own knowledge
and information given to you, then you may execute the affidavit and I will
Present the matter to the Judge of the term later in the day.
Mr. Paluso: To simplify this for the public, what you are saying is the proper-t
ty line and the project line coincide with the project in this case, and the
shed you refer to is not on the side of the private property, but on the side
of the project line that we have already changed.
. Morgan: Mr. Zeman is our special counsel for the Chartiers Creek Project
90 MINUTE BOOK
BOARD OF COUNTY" COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MALCOLM L. MORGAN, MICHAEL R. FLYNN, EDWARD M. PALUSO, COMMISSIONERS
and you recommend that we proceed with this.
Mr. Zeman: Yes, because there is nothing much else that we can do. I don't
think the County has any liability to Mr. Lastooka. I think that we are inviting
litigation from him which could be very substantial and there_is_.,no point in
doing this. Incidentally, I forgot to mention, in the speed that was required
here, I have entered my appearance on behalf of the County as a Special Solicitor
and as the County's counsel and with the approval of the Solicitor.
Mr. Diamond: That is true.
Moved by Mr. Paluso, seconded by Mr. Flynn, that the Board adopt the
resolution as presented by Mr. Zeman as per above.
Roll call vote taken:
Mr. Flynn - Yes; Mr. Paluso - Yes; Mr. Morgan - Yes.
Motion carried unanimously.
Correspondence:
Chief Clerk informed the Board of the receipt of the following checksi
(1) Mon Valley Health and Welfare Council, Inc. ck. #1627
dated 3/15/76
6-B-10 Protective Care
6-B-21 Companion Chore Service
6-B-22 Meals on Wheels
6-B-23 Adult Foster Care
TOTAL
(2) Mon Valley Health and Welfare, Inc.
Ck. #1390 dated 12/31/76
Renovation Claysville Center
Ck. #1560 dated 3/15/76
Jan. Reimbursement - Mon Valley
Ck. #1626 dated 3/15/76
Jan. Reimbursement - Mon Valley
TOTAL
$2,532.93
$4,953.16
$ 417.92
$1,115.23
9 , 019.24
$6,900.00
$3,168.12
$5,268.89
$f 5, 337.01
(3) Treasurer of the U.S. - ck. #82,613,255 dated 3/16/76
$105,000.00
(4) Commonwealth of Pa. - ck. #93-709972 dated 3/16/76
Child Welfare Services for the month of Oct. 1975
$8,225.26
(5) Pittsburgh National Bank - ck. #775113 dated 3/16/76
30-day investment @ 4 3/4% interest (C.D. #1384)
1975 Bond Issue Account
Principle $2,550,000.00
Interest $ 10,093.75
TOTAL 2,560,093.75
(6) First National Bank - Redemption of Certificate of
Deposit #9991 - ck. #085028 and #50712 dated 3/22/76
Washington County Liquid Fuels Escrow Acct.
Principle $100,000.00
Interest $ 427.40
TOTAL �100,,427.40
(7) First National Bank - Redemption of Certificate of
Deposit #9988 - ck. #085027 and #50714 dated 3/22/76
Washington County Liquid Fuels Tax Fund
Principle $200,000.00
Interest $ 854.79
TOTAL $200,854.79
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MINUTE ■■
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MALCOLM L. MORGAN, MICHAEL R. FLYNN, EDWARD M. PALUSO. COMMISSIONERS
91
(8) First National Bank - Redemption of Certificate of
Deposit #9987 - ck. #085027 and #50713 dated 3/22/76
Parks and Recreation Acct.
Principle $190,000.00
Interest # 812.05
TOTAL 190,812.05
(9) Pittsburgh National Bank - Weekend Repurchase Agreement
ck. #775126 dated 3/23/76 - General Fund
Principle $250,000.00
Interest $ 83.33
TOTAL 250,083.33
(10) Commonwealth of Pa. - ck. #31-711425 dated 3/18/76
State Grant Funds for Juvenile Probation services
$24,114.00
Chief Clerk presented the following bill to the Board for their
consideration and approval:
(1) Register of Wills & Clerk of Orphan's Court Association
of Pennsylvania, Dr. - $100.00
Moved by Mr. Paluso, seconded by Mr. Flynn, that the foregoing bill
be approved for payment.
Roll call vote taken:
Mr. Flynn - Yes; Mr. Paluso - Yes; Mr. Morgan - Yes.
Motion carried unanimously.
Chief Clerk presented to the Board for their consideration a reso+
lution to establish funds in the following accounts in regard to the Bond Fund
expenditure accounts.
(1) Tax Reassessment in the amount of $1,000,000.00 to bear
the title "Washington County Appraisal Fund 1974" -
Gallatin Bank
(2) General Fund Capital in the amount of $150,000.00 to
bear the title "Washington County General Fund Capital
Account 1974" - Mellon Bank
(3) Cross Creek Park in the amount of $620,000.00 to bear
the title "Cross Creek Park Fund 197+4" - Keystone Bank
(4) Harmon Creek in the amount of $50,0n0.00 to bear the
title "Harmon Creek Flood Control 1974" - Mellon Bank
Moved by Mr. Paluso, seconded by Mr. Flynn, that the resolution to
establish funds in the above listed accounts be approved as per above.
Remarks:
r. Flynn: In order to keep the record straight, under date of February 5, 1976
r. Gillespie as Budget Director submitted a memorandum to the Board of County
Commissioners concerning what he described "extremely dangerous fiscal practices
and Number 1 - checks being signed by persons unauthorized under Section 1751
of the County Code under the Voucher/Check system. I have to agree with the
gentleman. He submits to us four xerox copies. Now he is talking about the
Governor's Justice Commission whereby we would obstruct.....as a matter of
fact before we received,' -the( -money, it was mandatory by the Governor's Justice
Commission and we had to accept it that the prime sponsors would be the Board
of Commissioners and the Chairman of the Board had it signed in conjunction
with the Project Coordinator. I subscribe to that. Number 2, $7,000,000.00
worth of Certificates of Deposit, in the name of the former Chief Clerk,
instead of the County Treasurer. I can't subscribe to that because it is in
the name of the County in care of the Chief Clerk. Number 3, the transfer
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MINUTE BOOK
BOARD OF COUNTY' COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MALCOLM L. MORGAN, MICHAEL R. FLYNN, EDWARD M. PALUSO, COMMISSIONERS
of money as Chairman of the Board of County Commissioners to Pittsburgh National
in violation of the legal voucher/check system. Now, Mr. Gillespie has prepared
a breakdown and he has followed through any action taken... It was on the debit
and credit system, which is a acceptable practice and the gentleman agrees to
it, so far as banking circles and insofar • as operations of the government are
concerned. The reason I am bringing this up, Mr. Chairman, is because this may
very well concern you sometime in the near future. It was voted on unanimously
by the Board of County Commissioners and authorized, the transfer of this money.
It is a matter of record. And it is a matter of record on the debit memo to
the County Controller. The purchase of Certificate of Deposit by memorandum
instead of voucher checks, I went into that before. The intent, is like we have
now. We authorized at the beginning of the year to invest monies so this is a
continuation. And as I am told, so long as you have a complete audit trail that
is all that is necessary., and this is an accepted fact. I have repeatedly
said that, and I hope you will agree and I am sure you will, that we as County
Commissioners are the Chief Fiscal Officers. Over the years, you have heard it
said and again, Mr. Morgan, I think this will affect you sir in your capacity.
Let me ask -you a question. When you talk about fiscal responsibility, it is our
responsibility as the Board of Commissioners as Chief Fiscal Officers, who keeps
the records and who is required by law, the Commissioners? or what office?
Mr. Gillespie: The Controller.
Mr. Flynn: That is right. This relates to what I am relating to, Mr. Chairman.
On the recommendation of transferring this money, Mr. Gillespie, in his memos
to us, he makes reference to the fact .... the monies in that Bond Fund Account.
And he says this and I quote, this is under date of March 1, " in this manner,
the dormant funds can be invested and the interest properly accrued by each accou
in the ratio of each account to the total bond issue." The dormant funds have
been invested. Now, Mr. Gillespie submitted to all the Commissioners a report,
an itemized accounting from July 5, 1974 to January 19, 1976. This report -of -the
Bond Issue. I asked Mr. Gillespie where he got his figures from and he said from
the Controller's office. Let me give you one specific point - interest earned
on investments from July 5, 1974 to January 19, 1976, according to these figures
here of $227,668.15 When I brought this to your attention, you checked with
the bank and what was the true interest figures that you received? There is the
point that I am trying to make.
Mr. Gillespie: As of February 18, it was $352,062.32
Mr. Morgan: In opening these four accounts,one of the things that I have been
saying, Mr. Gillespie, is that I would like a complete breakdown of what has
transpired with the $5,000,000 since it was borrowed two years ago. And this is
nothing more than a beginning breakdown, plus many of these things are now
becoming active. As you well know, we have expended $12,000 in the Cross Creek
Park and we need some money in the account to start allocating it for West Penn.
This is nothing more than my instructions to Mr. Gillespie to get these funds
established as it was proposed in the perspectus that you all put out two years
ago. So that we have the money in the postion where it belongs. Now each and
every one of these amounts, other than what is called upon to be expended, and
Mrs. Falcon -,-,acting in her capacity as the financial manager of the County, is
instructed to invest every penny of it that is not being utilized. Now this is
the way we will follow every account as to what is transpired. This has been
done with the County Treasurer and with the County Controller. What has tran-
spired in the past, I am not here to elude to.
Mr. Flynn: Sir, you misunderstand me. I seconded the gentleman's motion. I
agree with everything you are saying. The only thing I want to clear up for the
record is that when Mr. Gillespie says that the money is dormant funds and not
because is has been continually invested from July 5, 1974 until the present
time. That is the point I am trying to make. Instead of earning $200 and some
odd thousand dollars according to figures ..... of the $227,000 they have earned
$352,000, that is the point I am trying to make, up until the date the gentleman
is stating.
Mr. Morgan: As I read the papers, there was $255,008 of that interest committed
at the time of the Bond Issue to go to Industrial Development.
Mr. Flynn: Of the $24 some thousand dollars, you have in that bank, Mr. Chairman
right now, $117,156.07 is in interest alone, which you can utilize for any projec
that you so desire.
Mr. Morgan: I read a legal opinion here recently, that our accounts were out of
plum, and this is the beginning attempt to put accounts in plum.
Mr. Flynn: The accounts are not out of plum. The accounts are accounted for.
If they are out of plum, that is up to the Controller. Not the County
Commissioners.
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Roll call vote taken:
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MALCOLM L. MORGAN, MICHAEL R. FLYNN, EDWARD M. PALUSO, COMMISSIONERS
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llocations:
Mr. Flynn - Yes; Mr. Paluso - Yes; Mr. Morgan - Yes.
Motion carried unanimously.
Chief Clerk informed the Board of the following requests for budget
(1)
Washington County
Agricultural and
Home Economics
Extension Service
- $5,000.00
(2)
Washington County
Conservation District - $10,000.00
(3)
Washington -Greene
Community Action
Corporation - $5,000.00
(4)
Bicentennial Commission of Washington County - $21,000.00
(5)
Southwestern Pennsylvania Regional
Planning Commission
$9,990.00
(6)
Washington County
Humane Society -
$7,000.00
Moved by Mr. Paluso, seconded by Mr. Flynn, that the Board approve
above listed budget allocations.
Roll call vote taken:
Mr. Flynn - Yes; Mr. Paluso - Yes; Mr. Morgan - Yes.
Motion carried unanimously.
Chief Clerk informed the Board of a letter dated March 11, 1976 from
Louise Abel of Child Welfare Services. Said letter informed the Board that the
Spring meeting of the Pennsylvania Council of Child Welfare Administrators will
be held from Wednesday, March 31 to Friday, April 2, 1976 at the Hershey Motor
Lodge, and will center on the new Child Abuse Regulations, Senate Bill 852,
Title XX and other matter important to Child Welfare. Miss Abel requested that
approval be given for the Directors to attend these meetings.
Moved by Mr. Paluso, seconded by Mr. Flynn, that the Board approve
the attendance of the Child Welfare Directors at the Spring meeting of the
Pennsylvania Council of Child Welfare Administrators as per above.
Roll call vote taken:
Mr. Flynn - Yes; Mr. Paluso - Yes; Mr. Morgan - Yes.
Motion carried unanimously.
Chairman Morgan stated that Miss Louise Abel would like to present
another matter of business at today's meeting.
Miss Abel: I have asked for a 25� a day increase for room and board for foster
parents and also an additional clothing allowance for school age children twice
a year of $50.00 each or $100.00 a year. In the foster care budget put through
Controller's, we spent about $115,000 last year. For the 1976 budget, you gave
us an increase to $120,000 with the 25t a day increase approximately half is
already included in the present budget, and we might need about $123,000 plus
to cover the 25� a day increase if we have 100 children in foster care for the
next 12 months. For the clothing we spent about $35p.004 last year.You gave us
an increase of $40,000 to cover the special clothing allowance for school age
children would-oe about $7,500, so it would be a matter of $2,000.
Mr.'Paluso: What you are asking really for is a increase from $3.25-to $3.50-th e
daily maintenance for foster children and two increases, twice a year or $50.00
each for school age children only. If it would become necessary later in the
year then a supplemental appropriation would be made.
Moved by Mr. Paluso, seconded by Mr. Flynn, that the Board approve
94
M I N UTE B❑❑ K
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MALCOLM L. MORGAN, MICHAEL R. FLYNN, EDWARD M. PALUSO, COMMISSIONERS
the increases requested by Miss Louise Abel from $3.25 to $3.50 and the additi
$100.00 clothing allowance for school age children as per above.
Roll call vote taken:
Mr. Flynn - Yes; Mr. Paluso - Yes; Mr. Morgan - Yes.
Motion carried unanimously.
Further remarks:
Miss Abel: On the subsidized adoption, whenever I had mentioned it, if we ap
of that we will get 80% instead of 60% reimbursement from any family that may
want to adopt children. They will pay the room and board and we will get 80%
reimbursement.
Moved by Mr. Paluso, seconded by Mr. Flynn, that the County agrees
to adopt the state subsidation plan as it pertains to the adoption of children
by eligible adults.
Roll call vote taken:
Mr. Flynn - Yes; Mr. Paluso - Yes; Mr. Morgan - Yes.
Motion carried unanimously.
Chief Clerk informed the Board of a letter from the Governor's Office
announcing that the Governor's Highway Safety Conference will be held in
Harrisburg on May 18, 1976. Said letter stated that this Conference offers
an excellent opportunity to learn more about the efforts which have been carried
out and are being planned to deal with the wide variety of highway safety
concerns. Mr. Brady also stated that Coroner Farrell Jackson had requested that
he be given permission to attend this Conference.
Remarks:
Mr. Paluso: He has really been our only County arm in the field of traffic
safety and it has resulted in some railroad crossing improvements and lighting
improvements on highway signals, so it might be a good idea to have a representa-
tive there.
Moved by Mr. Paluso, seconded by Mr. Flynn, that the Board approve
the attendance of Coroner Farrell Jackson at the Governor's Highway Safety
Conference as per above.
Roll call vote taken:
Mr. Flynn - Yes; Mr. Paluso - Yes; Mr. Morgan - Yes.
Motion carried unanimously.
Chief Clerk informed the Board of a letter dated March 22, 1976 from
John W. Ringling, Garage Superintendent of the Washington County Garage.
Mr. Ringling requested that he be released from his duties at the Garage to be
effective March 26, 1976, and stated that his retirement takes effect on March 2A
1976 and would not be to his advantage to work after that date.
Remarks:
Mr. Paluso: I would recommend that the Chief Clerk be instructed to send a
letter to Mr. Ringling thanking him for his long service to the County and for
the excellent job he has done.
1
[I
1
MINUTE BOOK 95
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MALCOLM L. MORGAN, MICHAEL R. FLYNN, EDWARD M. PALUSO, COMMISSIONERS
Chief Clerk informed the Board of the receipt of four (4) Public
otices: From the Department of the Army notice is given that Sevecora, Inc.,
f Denbo, Pennsylvania has made application pursuant to Section 10 of the 1899
iver and Harbor Act for permit to construct small boat docks along the left bank
f the Monongahela River at Denbo, approximately 58.7 miles above the mouth of
the river, and interested parties are invited to state any objection they may
have to the proposed work. Also from the Department of Army notice is given that
Duquesne Light Company has made application pursuant to Section 10 of the 1899
River and Harbor Act for permit to construct a submarine cable crossing under
the channel of the Ohio River at Brunot Island, Pittsburgh, Pa. From the
Commonwealth of Pennsylvania advising that the Commission has scheduled a public
hearing on the Investigation on Commission motion of the safety of the Cabot -
Wylie Ridge 500 KV transmission line constructed by West Penn Power Company in
Washington, Beaver and Butler Counties, on April 9, 1976 in City Hall, 140 W.
North Street, Butler, Pa. at 10:00 a.m., to provide interested member of the
public an opportunity to state for the record their concern about the safety
of the Cabot -Wylie Ridge line. Said notice also stated that a further hearing
in this matter has been scheduled to be held Tuesday, April 13, 1976 in Butler,
to provide West Penn Power Company an opportunity to state for the record the
safety considerations which were incorporated into the design, construction and
operation of the Cabot -Wylie Ridge line.
Chief Clerk -.informed the Board of a letter dated March 15, 1976,
from the law offices of Greenlee, Richman, Derrico and Posa giving notice that
Washington Archery Club, 1065 Vermont Drive, Washington, Pa., has filed a
Certificate of Election to Dissolve and is winding up its business.
Chief Clerk informed the Board of a letter dated March 10, 1976
from the Department of Commerce, Harrisburg, Pa., announcing that Mr. Joseph A.
Fanone, Esquire has recently been appointed as the new Executive Director of
the Pennsylvania Nursing Home Loan Agency. Said letter stated that Mr. Fanone
was formerly involved in the legal aspects of the program while with the
Department of Commerce, thus assuring continuity in the nursing home program.
Chief Clerk informed the Board of a notice from the Mid -Monongahela
Valley Council of Governments announcing that the March COG Meeting is scheduled
for Thursday evening, March 25, 1976, at 7:30 p.m.
Chief Clerk stated that he would be attending County business in
Harrisburg on March 31, April 1, 2, and requested that the Board appoint
Mr. Charles A. Gillespie as Acting Chief Clerk for that period of time.
Moved by Mr. Paluso, seconded by Mr. Flynn, that the Board approve
the appointment of Mr. Charles A. Gillespie as Acting Chief Clerk as per above.
Roll call vote taken:
Mr. Flynn - Yes; Mr. Paluso - Yes; Mr. Morgan - Yes.
Motion carried unanimously.
C)
E
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MALCOLM L. MORGAN, MICHAEL R. FLYNN, EDWARD M. PALUSO, COMMISSIONERS
Chief Clerk stated that he had received correspondence from Clay
Graham, Land Acquisition Agent, requesting that the Board authorize and approve
the payment of $15,000 to John & Mary Seston in care of their attorney, Peter J.
Mansmann. Mr. Brady stated that this is for replacement housing payments for the
Mingo Creek properties.
Moved by Mr. Paluso, seconded by Mr. Flynn, that the above payment
be approved pending the recommendation of Mr. Robert Ceisler, who is the attorney
for the Mingo Park properties.
Roll call vote taken:
Mr. Flynn - Yes; Mr. Paluso - Yes; Mr. Morgan - Yes.
Motion carried unanimously.
Concerning the Offender Aid and Restoration Program for the County,
Mr. Morgan stated that he still has a few questions concerning this program
and will hold it in abeyance until next week when a final decision will be made.
Cfllini i-nr-
Mr. Diamond informed the Board that he has prepared a letter reques
a ninety (90) day extension for five (5) Magistrates leases, which expire on
March 31, 1976 in order to give us an opportunity to look them over and determine
the terms and conditions of the renewal lease. Mr. Diamond stated these letters
are being sent with the request that they be returned with the lessors approval
on or before March 31, 1976. Mr. Diamond also stated that if they are not
returned prior to that time, we will take appropriate action and -unless -we want
an automatic six year extension of the lease, we will cancel it. Mr. Diamond
stated that these leases are for the premises located at 415 Fallowfield Ave.,
Charleroi, 609 Main Street, Bentleyville, 950 S. Central Ave. Extension, North
Strabane, 309 Barr Street, McDonald and 17 Railroad Street, Burgettstown.
Remarks:
Mr. Morgan: I have had a couple of calls. There is only one Magistrate in
there that thinks he would like to move and one of the others wants air
conditioning and some things changed, so I think that Mr. Diamond is in order
to request an extension to try and satisfy what the Magistrates are requesting.
Moved by Mr. Flynn, seconded by Mr. Paluso, that the Board go on
record authorizing the Solicitor to request a ninety (90) day extension for
the Magistrates leases listed above.
Roll call vote taken:
Mr. Flynn - Yes; Mr. Paluso - Yes; Mr. Morgan - Yes.
Motion carried unanimously.
Mr. Diamond stated that Clay Graham, Land Acquisition Agent, was on
hand today to give the facts and background to the matter that he was going to
present today to the Board. Mr. Diamond stated that this generally concerns our
Chartiers Creek Flood Control Project and particularly with Disposal Area No. 1.
Mr. Diamond also stated that the Borough of Canonsburg has requested that we aid
in
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MALCOLM L. MORGAN, MICHAEL R. FLYNN, EDWARo M. PALUSO, COMMISSIONERS
hem in facilitating the laying of 300 feet of 60 inch corrugated pipe, at a
cost of $11,078.00 which will be completely reimbursed, 50% by the Department
of Environmental Resources and 50% by the Borough of Canonsburg.
Remarks:
Mr. Graham: The County and the Borough being primary sponsors for the Chartiers
Creek Flood Control, this was one of the requests made by the Borough that they
incorporate this as a disposal area many years ago. The Corps has so done
with the stipulation that the Borough install a minimum of 300 feet of pipe to
accomodate this fill. About a month ago, we had a meeting with the Corps,
the Borough and myself to discuss this problem. Apparently the Borough is
faced with a financial situation. They have the pipe, 1 understand, bought
some years ago, but they are in a financial strain and cannot install the
pipe at this time. They have a bid from the Ram Construction of the figure
that Mr. Diamond quoted and it has been approved by their engineer, Mr.
Englehardt. At that time, we kind of reached an impass as to what to do with
this dirt in that the Corps had designed it and designated it as Disposal No 1.
They began to put the fill in there and Ram Construction felt that since the -
pipe was not installed, they had to come out of there. They have since been
trucking it up 519 across the interstate to another area that was not designed
as a disposal area. Apparently this is causing conflict with the road, the
Borough, etc. I investigated and found that if we, as one of the co-sponsor
ing agents of this project, would guarantee to reimburse Ram Construction on
their contract with the agreement of DER and with the Borough, then we could
expedite this matter and get it going again. The DER has given us a commit-
ment that they will reimburse the project 50% and I believe that we have a
letter of commitment from the Borough Manager for their 50% sometime in May.
It is my understanding that we are simply being the good guys here, the
intermediary, to reimburse Ram Construction at the conclusion of the install-
ation of this pipe.._
(Discussion was held.)
Mr. Flynn: I would suggest that we draft the necessary contract with the
Borough of Canonsburg because we have had the experience whereby a verbal
agreement was made and when it came time to make payment, the money was not
forthcoming.
Mr. Graham: We have a written commitment, and I do believe that Mr. Morgan
has talked with one of the council members and he agrees with this project.
Mr. Diamond then read the following written commitment from the Borough of
Canonsburg and directed to Mr. Morgan:
Dear Mr. Morgan:
With regard to our telephone conversation dated March 4, 1976,
please be advised that the Borough will participate in the
amount of $5,539 or half of the project cost. We are in hopes
that the final payment will be presented in May of this year,
but in the event that it isn't, we will be able to pay our
share. I am enclosing the proposal from Ram Construction per
your request.
Thank you for your cooperation.
/s/ James Puchany
Borough Manager
Moved by Mr. Paluso, seconded by Mr. Flynn, that the County intends
to cooperate with the Borough of Canonsburg, the Corps and Ram Construction
in furthering above said Project, and instructs the Solicitor to draw up the
necessary legal papers between the Borough, the County and Ram Construction,
as per above.
Roll call vote taken:
Mr. Flynn - Yes; Mr. Paluso - Yes; Mr. Morgan - Yes,
Motion carried unanimously.
Mr. Flynn stated that Mr.Mtacken.zie, MAdkenzie Electric Company was
on hand today concerning the lighting arrangements at the Washington County
98
i
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MALCOLM L. MORGAN, MICHABL R. FLYNN, EDWARD M. PALUSO, COMMISSIONERS
Airport. Mr. Flynn stated that Mr.MAckenzie wanted to know the outcome of the, -
lease arrangement or what the finding is of the legal counsel. Is it a legal
document or not?
Remarks:
Mr. Morgan: First, since Mr. Mackenzie is here maybe we can clarify a few things
Mr. Mackenzie,#i just what is the scope of the work involved on the contract that
you have?
Mr. Mackenzie: We have beacons used by the airways, a safety factor used by the
local pilots here to guide and point. The lights on the towers and the lights
on the poles. My job is to keep those lights working and the beacon operating
day and night. The times that they have vandalism is something that I can't
help. The lights are ours. We furnish the bulbs and I operate with West Penn
on the towers. We have three lights and the beacon, there are separate poles
that belong to the County. I have controlling operations day and night.
Mr. Morgan: You are saying that there are four obstruction lights?
Mr. Mackenzie: There are five. One I had to condemn last year.
Mr. Morgan then drew the location of the lights that Mr. Mackenzie mentioned.
Mr. Morgan: Why did you mount that on and off switch on the south....
Mr. Mackenzie: That has been there years before I got here.
Mr. Morgan: Clear at the top of the pole, the junction box, the wires are
stripped out.
Mr. Mackenzie: I am taking care of the lights. They are all on now and I have
had no complaints.
Mr. Clark Mitchell: If I may clarify the man. We are not talking about the
work, we are talking about the contract which was signed by the two Commissioners
which ....... by your Solicitor. Now, if it is something concerning Mr. Mackenzie'
ability to work out here or not to work out here, that is something that you
should have negotiated before the contract was signed.
Mr. Morgan: I am talking about the scope of the work that is involved.
Mr. Mackenzie: We have four lights that are not out except the -one that I
condemned and there is a lot of work there in controlling devices and I work
with West Penn and it's a safety factor and I'm really doing a job.
Mr. Morgan: I'm complaining, Sir, that the contract is an overpayment for the
amount of work that is being done.
Mr. Diamond: First, of all, I do not see anything on this agenda today suggest-
ing that this matter was going to be taken up today. If Mr. Mackenzie wants to
come to a public meeting he has the right to do so, but he does not have the
right to expect nor does his counsel have the right to expect a legal opinion
at this time. I am investigating this matter and when I have all the facts,
then I will give a legal opinion.
Mr. Mitchell: We have a contract and that contract is either binding or not
binding. You are either going to enforce one or two things, you are going to
give an opinion as to the legality or I am going to have to produce a law suit
based on breach of contract.
Mr. Diamond: That is your function as a representative of Mr. Mackenzie. At
this particular point as far as I know, Mr. Mackenzie continues to get paid at
the contractual price.
Mr. Mitchell: He has not been paid.
Mr. Diamond: Well, if he has not been paid, then he should be paid up until the
time the contract is abrogated.
Mr. Mitchell: That is all that I am after.
Mr. Flynn: Prior to you having your opinion and it becomes a matter of the
agenda, I think that we should notify Mr. Mackenzie.
Mr. Morgan: We shall. Now that we have touched on the Airport, let me bring
something that has just been brought,to me,. I have a letter from the Federal
Aviation Administration addressed to me. "'In September of 1972, we have been
holding a payment of $8,995.12, due to the County's failure to complete work
on the Airport project started in 1968. To compound matters on December 17,
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MINUTE B®UK 99
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MALCOLM L. MORGAN, MICHAEL R. FLYNN, EDWARD M. PALUSO. COMMISSIONERS
1
1
F�
1975, we advised the County Commissioners of six specific deficencies in the
maintenance of the Washington County Airport which were serious enough to place
the County in non-compliance with this agreement with the U.S. The only
response that we have received as to this date is two letters from Mr. Graham
regarding the property to be acquired. Incidentally, the $8,995.12 mentioned
above is the Federal share of the construction costs already expended. We
are still prepared to pay the 50% costs of the land and tree clearing acquired
by the project. We would like very much to meet with you at the earliest
convenience to discuss these problems since it is our mutual interest to
resolve them as soon as possible." In light of this letter, Mr. Paluso, I am
putting you in charge of doing a report and I would like to have a complete
outline of the whole Airport situation. Will you accept this assignment?
Number one, I would like for you to research what all the problems are at the
Airport and Number two, then arrange for a meeting of all parties concerned.
Mr. Flynn: Who signed that letter?
Mr. Paluso: L.W. Walsh
Mr. Flynn: Does he say that he hasn't received any communication?
Mr. Paluso: No, he says that the.only•response we have had is two letters from
Clay Graham, regarding the properties acquired.
Mr. Flynn: Our minutes will bear out, it is a matter of record, that this
:matter was brought out to the attention of this Board. On September 15,
this gentleman, Mr. Walsh, wrote to me and reminded me that there was a sum
of $8,995.12 due to this County, but there were certain things that we had to
do in order to get it and he couldn't understand why we hadn't had it since
1960 something, and quite frankly neither could I. On I -December 3, he again
wrote to me, he outlined in here, 6 different items that had been neglected
at the Airport. As a result of that letter, I did some research myself, I
wrote him a letter on December 17, and this is a matter of record.
Mr. Flynn then read said letter.
Mr. Flynn then read a reply he received under date of January 2, 1976.
Mr. Morgan: Mr. Flynn, would you please turn those two pieces of communication
over to Mr. Paluso and Mr. Paluso, please expedite the Airport matters and see
that we get in compliance before we loose our funding.
Concerning the MH/MR Program, Mr. Morgan stated that he had received
a letter from Mr. Beal. Mr. Morgan stated that he had asked the Auditor General
to audit our MA/MR Program, and they wrote back that they were unable to do it
because of staff limitations and that perhaps the Department of Public Welfare
would be able to do it. Mr. Morgan stated that he now has a letter from DPW
in which they stated that due to their limited auditing staff, they are unable
to do the audit. Mr. Morgan further stated that Mr. Mascara will have to do
the auditing for the MH/MR Program.
Meeting adjourned.
THE FOREGOING MINUTES READ AND APPROVED:
ATTEST:
25
1976