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.
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Monongahela - Acquisition, demolition and relocation payments.
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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.
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441
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
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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?
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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
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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
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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
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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
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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:
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October 2 , 1975
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