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HomeMy WebLinkAboutCOMM - Meeting Minutes - 185 - 10-2-1975 - COMMISSIONER438 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK .TONES, JR., EDWARD M. PALUSO. COMMISSIONERS Minute No. 185 Office of the County Commissioners Washington, PA, October 2, 1975 The Board of County Commissioners met in regular session with the following members being present: Commissioners Jones, Paluso and Flynn. Also present being: Acting Chief Clerk Crouse, Administrative Assistant Fetcko; Solicitor Gilmore; Robert Umstead of the Redevelopment Authority; Mayor George Stewart; Mayor Wilson of Monongahela; Mayor Delsandro of Donora; Joseph Cavasina of Canonsburg Borough; Mrs. Louise Cislak of Monongahela; Roslyn Neidermeyer of Monongahela; Gerry Bowers of Gastonville; John Cadez of Engelhardt -Power & Associates; Mrs., Helen Miller of the League of Women Voters; Charles Wilson and John Stevens of the Observer -Reporter; Fred Hevia of the Valley Independei Earl Bugaile of- WKEG and Jerry Kolanic of WWVA. Special Order of Business: Presentation to Washington County Communities from HUD Commissioner Flynn stated that representatives from the Department of Housing and Urban Development were on hand today to make a presentation to several Washington County officials. The following HUD News Release gives further explanation concerning today', presentation: Officials from five Washington County municipalities plus county commission members today received official acknowledgement and Presidential congratulations for their recent approval of over $3.1 million in Community Development Block Grants. Officials from Canonsburg, Charleroi, Donora, Monongahela, and Washington City:, along with County Commission Chairman Michael Flynn, received personal letters from President Ford for their receipt of funds provided under Title I of the Housing and Community Development Act of 1974. The funds, "quaranteed" these 41Hold Harmless" communities and "urban county" are part of a nationwide $2. 5 billion yearly Federal expenditure for local Community Development. Canonsburg Charleroi Donora Monongahela Washington City Washington County $678, 000 $ 30„000 $392, 000 $490, 000 $952, 000 $615, 000 In his letters, the President congratulated the communities and asked the elected officials to ensure "total public participation" as the development plan is carried out. Washington County Block Grant recipients will use their community develop- ment funds for a wide variety of activities and projects. Highlighted activities include: Canonsburg - Acquisition and demolition of dilapidated structure. Charleroi - Demolition of old structures. Donora - Street construction, acquisition of site for Senior Citizen Center, and beautification projects. 1 F� Monongahela - Acquisition, demolition and relocation payments. MINUTE ■ ■ 439 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN. FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS City of Washington - Storm sewers and street improvements. Washington County - Recreational improvement, community center, water line extension, and emergency rescue service facility. President Ford said the 1974 law under which the plan was submitted is designed to "change the old, helter-skelter system of helping U.S. cities grow. " He said the New Act "is designed to let the cities and countries of our nation set their own priorities with maximum discretion - within broad federal guidelines. " The President said approval "is only the first step. " "I urge that you enlist all your citizens in helping to carry out this plan. This is a new direction in federal policy and required total public participation if it is to succeed," the President added. The presentations were mady by Larry Franks of HUD's Pittsburgh Area Office. Franks emphasized that the new law provides for local direction and local priorities in creating and carrying out development plan s. The following personal letter dated August 8, 1975, as mentioned in the above News Release, was received from President Gerald R. Ford: Last August, I had the honor of signing into law the Housing and Community Development Act of 1974. This historic legislation was passed by the Congress to change the old, helter-skelter system under which the Federal Government provided assistance to help our counties grow. The new act is designed to let the cities and counties of our Nation set their own priorities and make their own plans -- within only very broad Federal guidelines. I am pleased and delighted that your County has completed its own plan which has been approved by the Department of Housing and Urban Development. That is only the first step. I urge that you enlist all your citizens in helping to carry out this plan.- This is -a new direction in Federal policy and requires total public participation if it is to succeed. Congress has passed an excellent law. The Department of Housing and Urban Development has completed its task. Now it is up to you. / s / Gerald R. Ford Meeting called to order and roll call taken: Mr. Jones - Present; Mr. Paluso - Present; Mr. Flynn - Present Chairman asked if there were any corrections, additions or omissions to Minute No. 184 be approved, as read. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. 440 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR.. EDWARD M. PALUSO, COMMISSIONERS Correspondence: Acting Chief Clerk informed the Board of the receipt of the following checks: I( Bills) 1. Pittsburgh National Bank - Weekend Repurchase Agreement ck. #683844 - General Fund Principle $450, 000. 00 Interest $ 206.25 TOTAL $450, 206. 25 2. Treasurer of the U.S. - Manpower Program - ck. #82, 215, 521 ^ ^ ,, ,, ,, 3. Department of Environmental Resources - Chartiers Creek Local Flood Protection Project - ck. #46-601491 - $14, 583. 38 4. Department of Environmental Resources - Chartiers Creek Local Flood Protection Project - ck. #46-601228 - $40, 723. 30 5. Treasurer of the U.S. - Manpower Program - ck. #82, 225. 554 m. ^ --- __ 6. Pittsburgh National Bank - Weekend Repurchase Agreement ck. #684071 - General Fund Principle $500, 000. 00 Interest $ 229.17 TOTAL $500, 229.17 Acting Chief Clerk then presented the following bills to the Board for their considerati and approval: for payment. 1. Engelhardt -Power and Associates, Inc. - $608. 00 - for engineering work at Cross Creek Flood Protection Project, Site 662 2. Michael Baker, Jr., Inc. - $2,475.35 - County Airport proposal 3. Cole -Layer Trumble Company - $ 9, 766. 66 - data processing services as per contract 4. Observer -Reporter - $123.10 - Notice to Bidders for Stream Clearance and Maintenance 5. American Glass & Mirror Company $47. 87 - for emergency renovation at Women's House Extended Care Facility 6. McAnallen Brothers $175, 810. 77 7. Limbach Company $ 74,105.10 8. Sherry & O'Leary $ 9,417.24 9. Baldwin Election Co. $32, 861.18 10. Gateway Kitchen Equipment & Supplies $39, 289. 95 Moved by Mr. Jones, seconded by Mr. Paluso, that the above bills be approved Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. 1 1 --1 MINUTE :■■ 441 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS E 1 Acting Chief Clerk presented one (1) On the Job Training Contract between the Office of Manpower Planning and Jim Dellaria Lincoln Mercury for Fred Norman Smith as a mechanic. Moved by Mr. Jones, seconded by Mr. Paluso, that the Board approve and execute the On The Job Taining Contract as per above. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Acting Chief Clerk presented a proposal from the Manpower Office for a Letter of Agreement and Cooperation which would combine a four (4) County area - Washington County, Westmoreland County, Fayette County and Greene County - in establishing and operating a Miner I Pre -Employment Program. Remarks: Mr. Flynn: This is a proposal from our local Manpower Office, and is more or- less a basis in trying to set up a four County area to undertake a project which we feel 'Will be beneficial to the four counties involved. Therefore I recommend that the Board authorize this Letter 'of Agreement and Cooperation with the other three counties. Moved by Mr. Paluso, seconded by Mr. Jones, that the Board approve and execute the Letter of Agreement and Cooperation as per above. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Acting Chief Clerk informed the Board of a request from John Fantini, Personnel Director for permission to attend a seminar sponsored by the Comprehensive Employment and Training Act (CETA) concerning personnel policies and procedures which usually transc the CETA Program itself. Mr. Crouse also stated that the seminar will begin at 1:00 p. m. on November 12 and conclude at 12 noon on November 13, 1975. Said seminar will be held at the Hilton Inn in Trevose, Pa. R emarks: Mr. Flynn referred to the letter concerning this matter dated September 23, 1975 from the U.S. Department of Labor, Manpower Administration, and stated that this had been discussed with Mr. Piganell who had suggested that Mr. Fantini be given permission to attend rather than someone from the Manpower Office because Mr. Fantini will be the one to institute the progran Moved by Mr. Jones, seconded by Mr. Paluso, that the Board approve the request of John Fantini, Personnel Director to attend the seminar as per above. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Acting Chief Clerk read the following letter dated September 25, 1975 from the Church of the Brethren: 442 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES. JR., EDWARD M. PALUSO, COMMISSIONERS Dear Commissioners Flynn, Jones, Jr., Paluso We are looking for an organization, a group, or an institution who is in the process of purchasing or has purchased an area of land once stripped and now abandoned. I have been referred to you by, Robert Benko, from the Governor's Office. I am hoping you might be able to provide some valuable technical information in regard to reclamation and/or provide assistance and possible support for any reclamation work. Our dilemma is we do not have the funds to purchase the land ourselves. We do have the women and men power. The Brethren Volunteer Service is a program within the Church of the Brethren and open to all. The Church of the Brethren is a people and peace concerned church. And environment is another issue they would like to become more involved with. The director of the program, Chuck Boyer, is interested in acquiring some land once stripped and have it restored to its natural use. The reforestation and restoration of the land would be done by work camp groups, summer camp groups, volunteers from the program, church workers, and any- one who is willing to help under responsible leadership. Perhaps you could give me some possible organization or leads to people who would be more willing to help than you may be able to - or want to. Any concrete and reasonable suggestions are appreciated, thank you. / s / D. Fonte Volunteer Assistant Remarks: Mr. Flynn suggested that in view of the fact that we have no record of any abandoned strip mines... Mr. Flynn stated that this information would be available from the Department of Environmental Resources and we should acknowledge receipt of the letter, but notify Mr. Fonte that he should contact the DER for more information. Mr. Paluso suggested that copies of this letter be sent to the Planning Commission and DER. Acting Chief Clerk read a letter dated September 26, 1975 from The Genealogical Society of Southwestern Pennsylvania informing the Board that the Society was aware of our interest in the preservation and continued availability of the historic records located -in the Washington County Jail. Said letter also stated that they were aware that we are looking for an improved location for these records and hoped, at some future date, that all the records could be centrally located in a desirable area under the care of an archivist. Acting Chief Clerk informed the Board of a request from the Domestic Relations Office that Mr. Lou Wilson, Director be allowed to attend the Eighth Pennsylvania Conference on Family and Support, sponsored by the Domestic Relations Association of Pennsylvania. Mr. Crouse stated tha?the Conference will be held at the George Washington Motor Lodge in Allentown, Pa. on October 20, 21, and 22, 1975. Remarks: Mr. Jones: Was this a bonafide request? Mr. Flynn: The request was bonafide. The approval of the gentleman, who is under jurisdicti of the Courts, should have come from the Courts. The approval came from a member of the staff and the check was already drafted. Of course, it is up to the Commissioners whether or not we are to approve the gentleman's attendance at the seminar. Mr. Jones: Has he attended this in the past? 1 Mr. Fetcko: I was, informed that he has attended them for at least twelve years. MINUTE BOOK 443 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R FLYNN, FRANK JONES. JR., EDWARD M. PALWSO, COMMISSIONERS C Mr. Flynn: The request was addressed to the Honorable Judge Sweet from Lou Wilson regard the State Convention in Allentown. Now there is no provision in the Code that permits anyone to attend such a meeting. The statute does require that the Board of County Commissioners has to approve the attendance. The fact remains is that the request was sent to Judge Sweet and O. K. ' d by a member of his staff, then sent to the Controller's Office and a check was then drafted as of September 25 - and then sent to us. The Board of Commissioners have the right to make final approval or rejection. Mr. Jones: is there any money in the budget for this? Mr. Crouse: There is a historical situation on their budget this year. As you know, in the past year they reorganized their office and made a budgetary request in Personal Services areas which did reflect sufficient monies to cover. However, in areas of other services, in Materials and Supplies, I don't believe that they asked for appropriate amounts -in -those account; and we have a under -spending situation in the Adult Probation section of it and a over -spending situation in Domestic Relations. Mr. Flynn: I would like the record to show that here again is another classic example of circumventing the Office of the County Commissioners. This request was sent directly to Judge Sweet's office and approved by a member of his staff - a lady who I assume had authority to sign - and then sent to the Controller's Office. We had no knowledge of this request until it came time to approve payment, and this is not the system. Moved by Mr. Paluso, seconded by Mr. Flynir, that the Board approve the request made by Mr. Lou Wilson to attend the seminar on October 20, 21 and 22, with the reminder that proper procedures should be followed for requests in the future as per above. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried -unanimously. Acting Chief Clerk informed the Board of two items of correspondence dated September 24, 1975 from the Governor's Justice Commission which enclosed contract document on both the third year project grant for the Volunteer In Probation Program and the third year grant on financial assistance with a full-time District Attorney. Mr. Crouse added that these were copies of the approved contract signed by the LEAA. Acting Chief Clerk informed the Board of a notice received from Washington, D.C. to the Board of Elections, which read as follows: A possible flood disaster relief constitutional amendment - a question may need be placed on November 4, 1975 ballot. Please halt all printing of ballots for 48 hours at which time you will be notified. Mr. Crouse added that it was his understanding that they had called yesterday and advised that this amendment had been approved and -will -be placed .on the ballot. Acting Chief Clerk informed the Board of a memorandum dated September 25, 197! from the Pennsylvania State Association of County Commissioners regarding Drug and Alcohol Abuse Civil Service Personnel Contracts. Said memorandum stated that to date only twelve signed contracts have been returned to their office, and after contacting some counties, they ha( discovered the contracts were either never received or have been overlooked. The Association mentioned the fact that in order to continue receiving Federal Funds in the Drug and Alcohol Program, the Drug and Alcohol Council has been directed to have a Civil Service System in operation by December 31, 1975. Mr. Crouse stated that we had sent in our contracts last week, 444 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Acting Chief Clerk read a letter dated September 29, 1975 from Anthony Luppino, Director of Adult Welfare Services. Mr. Luppino requested permission to send Mr. Bruce Baker, Center Coordinator for their Canonsburg Senior Citizen Center, to Hershey, Pa. , on November 5 and 6 for a conference dealing with Multi and Neighborhood Service Centers for older persons. Moved by Mr. Jones, seconded by Mr. Paluso, that the Board approve the reque made by Anthony Luppino of Adult Welfare Services as per above. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Mr. Crouse stated that the Washington County Redevelopment Authority had asked that the Board be notified that there will be an advertised notice of a public hearing for the Pike Street Redevelopment in Canonsburg on October 23, 1975 at the Borough Building at 8:00 p.m. (Mr. Flynn stated that the reason for Mr. Whalen's absence today was due to his attendance as representative of the Board of Commissioners at the ribbon cutting ceremonies on the opening of the bypass in Burgettstown. ) Solicitor: Mr. Gilmore presented to the Board several Declarations of Taking for execution which the Board had previously taken action to authorize condemnation for lands in Harmon Creek belonging to Mary Holman, Glenn Roberts, Wanda Morgan and John Brown. Moved by Mr. Jones, seconded by Mr. Paluso, that the Board execute the Declarations of Taking for lands in Harmon Creek as per above. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Concerning the next item of business, Mr. Gilmore stated that several weeks ago the Board executed a lease and sent it to the lessor for their consideration regarding the Group Home for the Mental Health Program. Mr. Gilmore stated that the State is now requiring , some rather extensive renovation in the nature of a smoke and fire alarm detection system. He further stated that the owners, at the time of negotiation, did not know know that this was required and that they have asked that the rent, therefore, be modified to the extent of $50. 00 per month to cover the cost of putting in this system. Mr. Gilmore added that the Group Home people had recommended this and he recommended that the Board authorize him to make the necessary corrections in the lease. Moved by Mr. Jones, seconded by Mr. Paluso, that the Board authorize Mr. Gilmore to make the necessary corrections in the Group Home Lease as per above. Roll call vote taken: 445 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA _ MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS I Mr. Jones - Yes; Mr. Paluso - Yes; Mr'. Flynn - Yes. Motion carried unanimously. NIr. Gilmore stated that the Bridge Department had sent a request for the abandonment of Coal Bridge No. 7 over Dam No. 481 - Harmon Creek. Mr. Gilmore reco ed that the Board authorize him to prepare a petition for presentation in Court to abandon the bridge. Moved by Mr. Jones, seconded by Mr. Paluso, that the Board authorize Mr. Gilmore to prepare a petition for the abandonment of Coal Bridge No. 7 as per above. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Mr. Gilmore presented an Agreement between the County and Canonsburg Hospital for the provisions of certain services to the Mental Health/Mental Retardation Program. Mr. Gilmore stated that this agreement was negotiated and drawn up by the mental health people and the Hospital. He stated that he had gone over the agreement and found it satisfactory, but the only item of question is whether we could, sometime in the future, delete our facility here in the city. Mr. Gilmore stated that this is entirely up to the Board if they wish to do that, but he did not see any provisions that would specifically prohibit it. Mr. Gilmore added that other than this, he did not see any problem and that we do need the services. Moved by Mr. Jones, seconded by Mr. Paluso, that the Board approve and execute the Agreement with Canonsburg Hospital as per above. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Nlotion carried unanimously. Mr. Gilmore stated that according to various regulations regarding the Manpower Program, they are required to provide a method of stating a grievance or problem for empl that they have placed through the Manpower Program. Mr. Gilmore stated that this would include a hearing thereon and the making of certain findings. Mr. Gilmore stated that the Manpower Office has- asked that they be given some person, paid for by the federal government, to operate these hearings, render decisions and otherwise comply with the federal regulations. Mr. Gilmore further stated that he had gone over the regulations and recommended that they be authorize to hire someone with the knowledge and background to provide these type of hearings. R emarks: Mr. Paluso: Is there any type of compensation? Mr. Gilmore: We had discussed this and we felt that $50. 00 per hour to include the cost of a s L • 1 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK .TONES, JR., EDWARD M. PALUSO, COMMISSIONERS stenographer, reproducing and- any ancillary processes that go along with this service - not to exceed $150. 00 per hearing or case. Moved by Mr. Jones, seconded by Mr. Paluso, that the Board authorize the Manpower Office to employ a person to handle all grievance hearings and problems for employees that have been placed through the Manpower Program as per above. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. (Jerry Kolanic entered the meeting.) Concerning the bids that were opened at a previous meeting for Stream Clearence Projects, Mr. Gilmore stated that there were only two bidders and one of the bidders only bid on one project or one phase of the entire project. Mr. Gilmore stated that the one person who has bid on all phases and had the lowest bid on one particular project for which there were no other bidders was M-& M Equipment Sales Company. Mr. Gilmore also stated that this particular company has been reliable in the past and recommended that the bid be awarded to them. Remarks: Mr. Paluso: What this amounts to is approximately $100, 000 a year for three years. I think the idea of the three years was to perhaps try to get a better lower bidder, but it did not turn out that way, at least in my estimation. There is going to be considerably more work in the first year than in the other two years. I think that perhaps this should be rebid on a one year basis, if it is possible to negotiate it for one year. This is going to come out of Liquid Fuel funds which are really uncertain at this time. This could very easily amount to 25% of the Liiquid Fuel allocation for the entire County for a three year period. I think it would be prudent to do this on a one year basis at least for the first year until we find out what the situation is going to be in the future, concerning Liquid Fuels money. Mr. Jones: There other things to consider other than the money situation. There have been complaints from people in the Granville area since I arrived on the scene in 1972, and there are some homes down there that could be lost if we don't decide to do something soon. Mr. Flynn: Sometime ago we discussed this at length and an indepth study was made on this proposal. At that time, I believe that Mr. Paluso requested that we do an indepth study and he wanted to have all the specifications before him before we bid for these services. And I can quarantee it was an indepth study. It shows every phase of the work that must be done and the Corp of Army Engineers have been insisting that the Commissioners live up to the provisions of our contract to clean these streams. We have no choice - the Corp of Army Engineers will be here November 2nd to do a survey. The bids were on projects in the areas of Burgettstown, Granville, Washington, Pa. and the Canonsburg Houston Reach. The bids were set up over a three year period and it has been our experience .... for example, in Granville - I think the estimated cost would be around $20, 000 for one year. The point is, if there is no need you would not have to do this, but these four specific projects are what the Corp of Engineers have been on us about. It is our obligation and this is not Liquid Fuels money. You cannot use Liquid Fuels money for a flood control project. Mr. Paluso: Would it be possible to negotiate this for one year instead of three. Mr. Gilmore: I think you could enter into the contract so that if in the opinion of the Board or their experts that the clearance was not needed for the second year ... I think you could state it in the contract, as long as you give sufficient notice, so they won't go ahead and do the work. (Further discussion was held.) Moved by Mr. Jones, seconded by Mr. Flynn, awarding the contract for Stream Clearance and Maintenance to the M & M EQUIPMENT SALES COMPANY, Box 428, MINUTE BOOK 447 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN. FRANK .TONES, JR., EDWARD M. PALUSO, COMMISSIONERS E iJ Burgettstown, Pa. 15021, for the amount set forth in their bid; this being the lowest responsible bid received in accordance with specifications. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - No; Mr. Flynn - Yes. Motion carried. Mr. Flynn stated that Controller Mascara had asked that he be allowed to comment on the request made by Lou Wilson of Domestic Relations which the Commissioners had taken action on at today, s meeting. Mr. Mascara: There was some indication that there was a circumvention of the law in the processing of that bill and I want the record to show that according to Purdons, Section 1750 & 1751 that all claims and bills to the County are presented to the Controller. I agree with you that it is the responsibility of the Board to approve or reject that claim, but the claim was presented to the Controller's Office. Once your office either saw fit to or not to pay that bill, it should have been returned to the Controller. I just want the Board to know that it was not improperly processed. Mr. Flynn: The question was not made on the Controller. The request was approved by an employee in the Judge's office. Now when you leave your office, you appoint your Deputy Controller to function in your capacity and we know that he has the authority to sign because the law says so. When we leave the office, we assign Mr. Crouse as Acting Chief Clerk, but we notify your office. In this particular case, no one notified us and assuming I don't know this signature on this bill, anyone could send it down. This is the point I am trying to make. Mr. Flynn introduced three women from the Ringgold School District - Mrs. Louis Cislak, Mrs. Roslyn Neidermeyer, and Mrs. Gerry Bowers, who had asked to speak at today's meeting concerning the controversy of the Ringgold School District, Region III School Directors Election. Mrs. Louis Cislak: As I understand it, no County Election Board is to accept any certificate or petition unless the loyalty oath is attached to that paper. This is on Page 32 in "All About Elections", Section A & D. Mr. Dunmire withdrew from the six year post and the Republican Committee followed with his nomination for the four year post, but Mr. Dunmire's withdrawal letter was stamped by the Election Office September 2, 1975. According to the Election laws any candidate who withdraws from a primary in which he has been nominated must do so within 85,days of the General Election. September 2, 1975 is not 85 days. Plus the yellow book, "Pennsylvania Election Calendar" says any candidate who withdraws from a primary must do so before August 11. I am not reflecting this on Mr. Dunmire, but when he turned this letter into the'Election Office on September 2, 1975, they should have told him that it had to be in 85 days before the General Election. The two Committee's, the Democrat and the Republican's had to each elect nominees for the four year term. Since Mr. Dunmire had resigned, that left a vacancy on the six year term. The Democrats nominated Mr. Feick. Now according to the laws, Mr. Dunmire's seat was vacated two months before the General Election, and the law states that any nominee by a political party must be nominated 75 days before the General Election. The two political parties nomination certificates are dated September 8 and Septemb 15, that is not 75 days. According to the Pennsylvania Election Calendar, August 21 is the last day for the parties to submit nominees for the office. I believe that the two County Chairman are in violation of the Election laws. We looked at the nomination certificate and according to the Election laws there are forms that have to be on that certificate. It has to state who the candidates are and what their occupations are, their address, what committee people voted for them, are they authorized. None of this is in those two letters. I told .Mrs.; Farrah that I assumed that they would get the Loyalty Oath in there the same day tha I was in there, but under no circumstances, and there were three witnesses to this, would those Loyalty Oaths be stamped the same day that those Nomination Certificates were received because they were not together. Mr. Meehleib was appointed by the Republicans to fill the position created by Mr. Dunmire's withdrawal, that letter was dated September 15. Now according to the Election laws, the only time the 75 days rule is waived is on account of death or if the vacancy occurs two months before the General Election, then they have 50 days to file. Mr. Meehleib meets the 50 day requirement, but since Mr. Dunmire's withdrawal was reported September 2, 1975 which is 61 days before the General Election, and it does not meet the requirements, I under- 448 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS stand 'that we should go to Court, but I am a taxpayer and my money pays to run that office and I feel that it should be run according to those laws. Mistakes were made probably by employee not knowing the rules and regulations, but I do not see why I should go to Court to correct mistakes in an office that is being paid by my tax money. I feel that it is up to the Washington County Commissioners to send someone in to Court and to have these mistakes corrected. Ignorance can be an excuse until you know about it. According to those laws, and I understand there is no precedence to offset those laws which I have stated. According to those laws, I understand that if these ballots go ahead and are printed without these mistakes being correct ed, then the Washington County Commissioners can be held responsible because you are being notified of these violations before the ballots are being printed. We have been protesting this since the beginning of September and every time that we went in they would say that's not the law and we believed that they should know what they are talking about until we found out about the Loyalty Oath. And when she said that it was assumed that they had the Loyalty Oath. The Election Book says that the Loyalty Oath has to be turned in with the nomination certificate If we cannot get a decision here before the ballots are printed, we will go to the State Election Board. Mr. Flynn: We had discussed this yesterday and you have raised a very good valid point. We discussed this with Mr. Gilmore. What are your findings, Mr. Gilmore? Mr. gilmore: As to the Loyalty Oath, they are wrong. There are plenty of cases to say that you can file it any time prior to the Election and there are cases that say it is unconstitutional to require it. Mr. Jones: You say prior to it, how about after it? Mr. Gilmore: I have never seen a case saying that. They are correct, 85 days - the last day to withdraw is August 11. There are also cases that say it is not mandatory, that is directory on the Election Board. There are three cases, I guess the longest is about a week late, and they said that was alright. On the replacement thing, it is the same thing. That is what the cases say, Of course, it all depends on the facts of the case. Mr. Flynn: One of the main questions is that, for example, if I withdrew after the deadline, I drew up a petition to the Election Bureau to withdraw my name and not have it placed on the ballot, after the deadline. What is the status there, Mr. Gilmore? Do we, as a Board, have to accept this or can we reject it? Mr. Gilmore: Well, it is not entirely optional. I can only tell you what the cases have said, and they say that you do not under all cases have to observe those limitations. Those days or requirements. Now whether in any particular case you abuse that discretion. It is always possible. Mrs. Cislak: Mr. Bumgardner's vacancy was July 12, 1975 and the last day to file nomination was August 21, 1975. I think by filing in September, that was abused because they had enough time to fill that vacancy before the deadline. 0 Mr. Flynn: What you are saying in effect is that the gentleman that is serving in the six year term, when he petitioned to have his name removed, it was too late after the deadline to do so. Mrs. Cislak: Yes, it was almost a month. Mr. Flynn: In other words, you are saying that in effect, his name should remain on the ballot on the six year term. The only vacancy would be on the four year term. M>rp. Cislak: Yes, and I contend that those two County Chairmen had more than sufficient time to fill those posts by the deadline on that Election Code. Mr. Flynn:- Both County Chairmen did not submit names to the Election Board within the required time as outlined in the Election Code. Mrs. Gerry Bowers: I went to the Election Board on July 11 to find out what I had to do to file for this vacancy. On July 11, I called Mr. Hanna to let him know that this vacancy was not filled. My petition was filed by July 18. On that petition I had to have the Loyalty Oath, copies of the minutes of the School Board meeting, copies of the minutes of the meeting when they accepted his resignation, a copy of Mr. Dunmire's resignation, a copy of the minutes of the meeting when they notified the Court, attached to my petition. Mr. Flynn: Who required this? Mrs. Bowers: When I took my petition up to the Bureau of Election Office, they sent me to the Clerk of Courts. That was in July and these County Chairmen know the laws, why did they wait till September? At the Election Bureau, they told me that speed was of the essence. MINUTE BoOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN. FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 1 C Mr. Flynn: What we are saying in effect is that the gentleman who is serving on the six year term, there is no vacancy. The only recourse would be that he would go into Court and petitii the Courts to take it off. No. 2 - You are saying that both County Chairmen errored in not presenting a name to the Election Board to be placed on the ballot, so therefore neither one of those names should be on there either. So, you are saying in effect that the gentleman who was nominated on the six year ballot should remain on the ballot and that there should be two vacancies on the four year term. Mrs. Cislak: Mr. Gilmore said that if you Can prove that the privilege has been abused you can go after the deadline. But I feel that this deadline was abused as they had more than enough time to nominate someone. Mr. Flynn: May I ask you a question Mr. Gilmore, can we go before the Court and ask them to adjudicate this? Could we do this like tomorrow? Mr. Gilmore: No, and there is good reason for that. The County Commissioners do not serve as Election Board for the election period. Mrs. Bowers: I do not understand what Mr. Gilmore is trying to say. Those books are sent out. All you have to do is write and request them. It is written down, but interpretation is something else, but Mr. Gilmore did not say interpretation. He said you don't have to stick by those deadlines strictly. Now abuse is one thing, but not sticking to those deadlines, that leaves it wide open for anybody to do whatever they want to do. Mr. Gilmore: I am only telling you what the Supreme Court said. I have to go by what the cases say in interpreting the sections of the statute. Mrs. Bowers: Well why doesn't the 1975 book say the same thing? Mr. Gilmore: Because the book would be too thick if it carried all of the cases. Mrs. Bowers: That's not what I'm saying. It states about the Loyalty Oath in that book. Mr. Gilmore: I understand that. Mrs. Bowers: Then why do they even print the Loyalty Oath. They should just cut it out? Mr,, Gilmore: I don't know. That has been suggested. Mr. Jones: Well, what is your answer to what Mr. Flynn asked you about whether we can go to Court ? Mr. Gilmore: On what basis are we going? Can you tell me that? Do you want me to go up there and tell them that the Election Board doesn't want to decide it so therefore, will you? Mr. Flynn: Well, we have to because we are in an embarrassing position. We three are candidates and by statute we are supposed to be disqualified. What I am trying to say is, in order to expedite this, we could call a meeting of the Election Board and we could render a decision based upon what your recommendation is. However, time is of the essence. Assum we met here and ruled in favor of these ladies, and the two or three parties agree, we could take this up to court. Is that right? Mr. Gilmore: They could. Mr. Flynn: Now assuming that we ruled in their favor, these ladies could then take us up into court. Now in order to expedite this, why can't we go up into court as the Board of County Commissioners and ask them to resolve this problem. Mr. Gilmore: Well we could try. Mr. Flynn: Hopefully, we can do it tomorrow, based upon the information and all the data supplied by these ladies which will be a matter of record. I must say again that time is of the essence. We have less than 32 more days before the election. Mrs. Cislak: When I talked with Mr. Gilmore yesterday, he advised me that I seek legal advice That is going to cost me an attorney. I told him that I could not afford an attorney. I asked him if I could speak with a Judge and he said yes. So I called the Judge, and he told me that as a Judge he might be called to sit in on this case and, therefore, he could not advise me. We have no where to turn. Mr. Flynn: We are trying to devise some means to expedite this. Just be patient. could we petition the court and ask them to hand down a ruling on this tomorrow? either party aggrieved, then they have the time. We don't. Mr. Gilmor , This way, if 450 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Mr. Jones: Would it be better to proceed that way,or for the Election Board to make a decision? Mr. Gilmore: I think it would be better if the Election Board made the decision. That way, you are appealing for the decision of the Election Board. , Mr. Jones: Which is the fastest? In either case the Judges would listen to us. Mr. Gilmore: I don't know if either way would be the fastest. Mr. Flynn: Mr. Gilmore, some time today would you please get in touch with the courts and ask them if they would follow through this course and if they would accept it. If they say no, I have no other choice but to call a meeting of the Election Board. Then on the basis on the of the evidence presented this morning, we would have to make a decision. Would you gentlemen agree with this? Mr. Paluso: Sure, I agree that this would be the smart way to do it. What if the other parties appear this afternoon and they can't afford an attorney either? Mr. Flynn: Assuming the courts would agree to our recommendation, then I would think it would be encumbent upon us to bring all parties to court sometime tomorrow afternoon. Or if the courts would say no, then we have no choice but to have a hearing. Is that satisfactory to you ladies? Ladies: Yes, that would be fine. Mr. Gilmore: I can guarantee there will be no hearing tomorrow. Mr. Flynn: If the courts cannot set up a hearing for Monday, then we will have to call an Election Board meeting. Mrs. Cislak: If the Board holds a hearing, will we be notified? Mr. Flynn: Most certainly. You will be notified. Everyone involved will be notified. Meeting adjourned. THE FOREGOING MINUTES READ AND APPROVED: ATT October 2 , 1975 F CLERK bg 1