HomeMy WebLinkAboutCOMM - Meeting Minutes - 87 - 10-4-1973 - COMMISSIONERIN MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Minute No. #87
Office of the County Commissioners
Washington, Pa., October 4, 1973
The Board of County Commissioners met in regular session with the following members
being present: Commissioners Jones, Paluso and Flynn. Also present being: Chief Clerk and
County Administrator Whalen; Administrative Assistant Crouse; County Solicitor Horruell;
Mr. Bob Robertson of The Observer -Reporter; Mrs. June Lilley of The Daily Notes; Mr. Earl
Bugaile - WKEG: Mrs. Helen Miller of The League of ubmen Voters; Mr. Fred Hevia of the
Valley Independent;
Meeting called to order by Chairman 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. #86,
each member having received a copy.
read.
Moved by Mr. Jones, seconded by Mr. Paluso, that Minute No. #86 be approved, as
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Reports - None
Old Business:
Moved by Mr. Paluso, seconded by Mr. Jones, that the following persons be appointed
to a three-year term effective immediately and expiring December 31, 1976, on the Child
Welfare Advisory Board; said action based upon the recommendation of the present members
of the Child Welfare Advisory Board:
Reverend William Davis
Mr. Carl Stark
Mrs. Ray Rhinehart
Roll call vote taken:
Dr. John Cairn
Reverend Alex Wilson
Mr. John Conte
Mr. Jone s - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Mr. John Merdian entered the meeting.
Chief Clerk presented a request from the Chief Assessor's Office which had been tabled
as Per Minute No. #84 dated September 13, 1973, in reference to the fieldmen attending the
assessors' training classes to be held at Seven Springs on October 15-16 and December 10-11,
1973.
Mr. Flynn: I would recommend that the above request be denied.
I
�
77
1
L- J
u
Moved by Mr. Jones, seconded by Mr. Paluso, that the above request made by the Chief
MINUTE BOOK 107.
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK .ZONES, JR., EDWARD M. PALUSO, COMMISSIONERS
[1
1
Assessor's Office be denied by the Washington County Board of Commissioners.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chief Clerk informed the Board that in reference to a request from George Kubovcik,
Chief Adult Probation Officer, for approval of membership dues in the amount of $5. 00 to the
Washington County Council of Health and Welfare (said request having been tabled as Per Minute
No. #85 dated September 20, 1973.), that a memorandum had been directed to Mr. Kubovcik
under date of September 26, 1973, requesting additional information. Chief Clerk then read
correspondence under date of September 28, 1973, from Mr. Kubovcik which informed that
to
said Office works with the general public and on occasion must refer/and take referrals from a
number of Health and Welfare Agencys and that the membership dues of $5. 00 is nominal to the
good received from the member agencies.
Mr. Flynn: I do not think that it is the obligation of the County to pay the $5. 00 and would
recommend that the above request be rejected by the Board.
Moved by Mr. Flynn, seconded by Mr. Paluso, that the above request made by Mr.
George Kubovcik be rejected by the Washington County Board of Commissioners.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Correspondence:
(bills)
Chief Clerk informed the Board of the receipt of the following checks:`_.1t
(a) Commonwealth of Pennsylvania - $35, 678. 00 - local government's proportionate
share of the Public Utility Realty Tax collected by the State.
(b) Commonwealth of Pennsylvania - $43, 741.17 - payments to Counties for Child
Welfare Services Programs.
(c) Commonwealth of Pennsylvania - $14, 650. 00 - Small Watershed reimbursement -
Harmon Creek Watershed Project.
(d) First National Bank and Trust Company - $2675. 30 - interest earned on certificate
of deposit.
Moved by Mr. Jones, seconded by Mr. Paluso, that the following bills be approved
fo r payment:
(a) William C. Porter - $89. 00 - preparation of deed, bring down search and certificate,
closing and disbursement, recording fee and notary fee in reference to Mae M. Ryan -
Mingo Creek County Park.
(b) Cole - Layer- Trumble Company - $8566. 66 - data processing services as per con-
tract - period covering October 1-31, 1973.
(c) Window Products Company - $9225. 70 - Washington County Courthouse Window Re-
placement - Estimate No. 3 - Final.
(d) Nottingham Township Supervisors - $2500. 00 - services rendered as per agreement
in connection with Mingo County Park - Township Road Maintenance.
11
1 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES. JR., EDWARD M. PALUSO, COMMISSIONERS
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
(Library Contributions)
Moved by Mr. Jones, seconded by Mr. Paluso, that the sum of $500. 00 be allocated to
the following Libraries: (budget items)
Charleroi Public Library
Brownsville Public Library
Roll call vote taken:
Donora Public Library
Byers Memorial Library
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chief Clerk read correspondence under date of September 25, 1973, from Mrs. August
Engelhardt, President - Chartiers -Houston Community Library Board of Directors, which
expressed appreciation to the Commissioners 6r their recent $500. 00 contribution.
Chief Clerk read correspondence under date of September 26, 1973, from Elliott
Bianchi, President - Monessen Public Library Board of Directors, which expressed apprec-
iation to the Commissioners for their recent $1000. 00 contribution.
Mr. Jerry Kelanic entered the meeting.
Chief Clerk read correspondence under date of September 26, 1973, from Anthony J.
Gaeta, P. E. - District Engineer - Department of Transportation, which invited the, County
Commissioners to attend the groundbreaking ceremonies signaling the official start of work on
I
relocated Route 50 on Monday, October 1, 1973, at 11:00 a. m.
Chief Clerk read a memorandum under date of October 3, 1973, from Eugene Tenaglia,
Bridge Engineer, which informed the Commissioners that as soon as a permit has been issued
by the Department of Transportation and the work advertised and contracted by the Buffalo
Township Supervisors, the traffic lights will be installed at the Intersection of 40 and 221 in
Buffalo Township.
Eric Bugaile entered the meeting.
Chief Clerk read correspondence under date of October 2, 1973, from William P.
Sember, Director of the Planning Commission, which enclosed a copy of the Six -Year Highway
Program submitted to the SPRPC October 1, 1973. Correspondence stated that the SPRPC
adopted a short-range program at said meeting held October 1, 1973 and that our two represent-
atives, Mr. Kenney and Mr. Engelhardt, voted negative on said program.
Chief Clerk read correspondence under date of October 1, 1973, from Frederick S.
Marcy, Chief Clerk - Westmoreland County Commissioners directed to Mr. Peter O, Steege,
Chairman -Southwestern Pennsylvania Regional Planning Commission, which informed of said
County's intent to take the necessary steps to terminate participation in the Southwestern Penn-
0
1
sylvania Regional Planning Commission.
MINUTE ■■
MA
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES. JR., EDWARD M. PALUSO, COMMISSIONERS
1
A long discussion was then held by the Board members in reference to the above
correspondence.
Mr. Flynn: I would recommend that the Commissioners direct the Chief Clerk to draft a
letter to the SPRPC stating that the Commissioners are taking an indepth look- at the situation
and further state that we are very sympathetic to the cause as suggested by Westmoreland
- , County.
Chief Clerk read correspondence under date of September 24, 1973, from William E.
Adams - Ross -Adams Engineers, Inc. directed to Peter Elish, County Controller, which
took exception to a recent newspaper article in the Valley Independent in reference to the Air-
port planning study. Correspondence enclosed a copy of Mr. Adams' professional biography
and a reproduction of the applicable page of the year book of the Florida State Board.
Chief Clerk read correspondence under date of September 21, 1973, from Donald B.
Hoffman, Member of County Records Committee - County of Lehigh, which attached the adopted
retention and distribution schedule of records in the offices of the County Commissioners' of
the various counties in Pennsylvania.
Chief Clerk read correspondence under date of October 2, 1973, from William P.
Sember, Director of the Planning Commission, directed to Mayor George Stewart, which
was in reference to the formation of Greater Washington Area Public Transportation Service
by use of State and Federal Grants. Correspondence stated that Mr. Sember would be very
much interested in said important undertaking and would be most happy to participate in future
meetings concerning the same.
Chief Clerk read correspondence under date of September 27, 1973, from H. E. Myers,
Director of the Bureau of Municipal Services - Department of Transportation, directed to the
County Commissioners, which stated that during the recent fiscal management seminar in
Harrisburg that County Commissioners were told that they are required to furnish the Depart-
ment of Transportation with a copy of the Annual Financial Report in order to qualify for the
June and December payments of County Liquid Fuels Tax Funds. Correspondence stated that
said action was a mistaken opinion.
Chief Clerk read correspondence under date of September 26, 1973, from Messrs.
Jerome Pelkowski, Executive Direr and James A. Fahey, Administrator - Harborcreek
School for Boys, which announced that effective January 1, 1974, the board rate will be $21. 06
per day.
Chief Clerk read correspondence under date of September 28, 1973, from C. Robert
Budd, Executive Director of the Pennsylvania State Association of County Commissioners,
which enclosed a copy of a letter from the Attorney General of Pennsylvania which is to be
mailed to all local governments on October 5th advising them that they will shortly be re-
110 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
ceiving notice of settlement proceedings in the Gypsum Antitrust Case. Correspondence stated
that the real purpose of the letter is to suggest that the staff be cautioned about the possibility
of accidently being excluded from sharing in the settlement.
Mr. Louis Waller entered the meeting.
Chief Clerk read correspondence under date of September 28, 1973, from Clay Graham,
Land Acquisition Agent, which enclosed a letter from O. Bard Judy, District Conservationist,
calculated that certain material will be necessary to seed five (5) acres of ground regarding
Harmon Creek Site 479 at the total sum of $270. 00. Correspondence stated that Mr. Graham
has contacted the Starvaggi Corporation and that said Corporation has agreed to apply said
material with their hydro -seeder and that it is Mr. Graham's recommendation that authorization
be given to purchase said material.
Moved by Mr. Jones, seconded by Mr. Paluso, that the Washington County Board of
Commissioners authorize the purchase of the material needed for the seeding of the five (5)
acres of ground as per above.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chief Clerk read correspondence from Mrs. Donald Burns under date of September 24,
1973, which reported on a very enjoyable trip to Mingo Creek County Park by the Fifth Grade
Class of the Pleasant Valley School.
Chief Clerk read correspondence under date of September 27, 1973, from William P.
Sember, Director of the Planning Commission, directed to Congressman Thomas E. Morgan,
which expressed appreciation for Congressman's Morgan's presentation at the Annual Planning
Conference on September 21, 1973.
Chief Clerk read correspondence under date of September 27, 1973, from FWer Elish,
County Controller, directed to Michael R. Flynn, Chairman of the Board of Commissioners,
which was in reference to Title IV of the Civil Rights Act of 1964 as amended and instructions
for completion of the Report EEO-4. Correspondence requested: (1) the establishment of a
personnel office either in the Controller's Office or Commissioners' Office; (2) advisement on
how the Commissioners wish to report on the Mentah Health and Retardation Program; ,and (3)
advisement on whether the Redevelopment Authority - recently made the Community Develop-
ment Agency for the County - reported as a separate entity. Correspondence stated that the
deadline for said report is October 31, 1973.
Mr. Whalen: I will answer the Controller.
Chief Clerk read correspondence under date of September 24, 1973, from C. Robert
Budd, Executive Director of the Pennsylvania State Association of County Commissioners,
which enclosed a questionnaire to be completed in reference to the effectiveness of Act No. 195.
11
1
Mr. Whalen: We have returned the questionnaire to Mr. Budd.
c■■
ill
0
1
J
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK .TONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Chief Clerk read correspondence under date of September 26, 1973, from Charles J.
Lieberth, Area Director, U. S. Department of Housing and Urban Development, directed to
Peter Jollick - Chairman of the Washington County Housing Authority, which enclosed a copy of
the report on audit - Washington County Housing Authority performed by Milinovich and Company,
Inc. Correspondence stated that said report has been rev wed and approved and in accordance
to the terms of the contract that authorization be given to pay said Company the sum of $2950. OC
for services rendered.
New Business:
Chairman made note that the Courthouse will be closed from 4:30 p. m. Friday, October
5, 1973, until 9:00 a. m. Tuesday, October 9, 1973, in observance of Columbus Day.
Moved by Mr. Paluso, seconded by Mr. Jone s, that Mr. Henry Walden be appointed
by the Washington County Board of Commissioners to a one-year term effective immediately
to fill the vacancy of "Educator" on the Planning and Implementation Council of the Washington -
Greene County Addictive Disease Program replacing Dr. William Lauda, who resigned.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chairman informed those present that the Board of Commissioners met with a repre-
sentative group of the Washington Senior Citizens Center on Monday, October 1, 1973.
Chairman stated that as a result of said meeting it was decided that the Commissioners would
look into the matter of any financial consideration. Chairman stated that Mr. Metro Petrosky,
Director of the Adult Welfare Services, has submitted a report to the Commissioners but that
additional information is still needed before the report can be finalized. Commissioner Paluso
stated that a definite decision should be able to be made by next Thursday's regular Board
meeting.
Chairman then read a Statement entitled "Injustice to the Taxpayers" which he requested
be made a matter of the record. Said Statement may be found at the conclusion of, the minutes.
Mr. Flynn: There still remains bills unpaid and for reasons. unknown to me as Chairman of
this Board, have not been submitted but I can say this for the record and I want it on the record
but I received a call from a certain gentlemen representing a security agency. And naturally
when he introduced himself to me and told me who he was he asked me when we intended to pay
him his bill. I did not know what he was talked about and so informed the gentleman. He told
me that he was retained by Judge Sweet to do some investigation work back in 1971, I believe,
and I toldh*nwe have no knowledge of it and suggested that he submit a letter to the Board of
Commissioners and submit 'the;! -.bill herewith. Well, again for reasons unknown to me we have
not received the letter or the bill however we do know for a fact that a bill for the services
L_ -
112 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
1 MICHAEL R. FLYNN, FRANK JONES. JR., EDWARD M. PALUSO, COMMISSIONERS
411ir
rendered by this private agency was submitted circumventing the County Commissioners to the
County Controller's Office. We have yet to receive that bill and the bill was approved by the
President Judge of this County. There is also outstanding bills in Philadelphia. These are
hotel expenses. 'Wwt.ve yet to see that.one although we know we have been notified. There are
other outstanding bills which have never been forwarded to us. Now the question in my mind is
when are these bills going to be presented to this County. Again, keep in mind gentlemen that
there have been money spent without authorization according to our statutory requirements and
after all we as Commissioners are responsible for the raising of the necessary taxes to pay
these bills and certainly we should be consulted prior to the expenditures of them or at least be
informed of what is going on and we do not know.
r
So lie ito r :
County Solicitor Hormell informed the Board that McDonald Associates have sued the
County and have filed a Complaint In Equity (#6879 In Equity -Book 41-Page 81) alleging that
there is past due an amount approximating $25, 000. 00 and requesting the Court to order that
said money be paid and in addition, as . hil !e directed to the County that the Court order
the Commissioners to pay the bills. Mr. Hormell recommended to the Board that Controller
Elish be named as defendant in said case.
Moved by Mr. Jones, seconded by Mr. Paluso, that the Board of Washington County
Commissioners direct the County Solicitor to pursue whatever legal means as are necessary
as per the above -mentioned case.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
County Solicitor Hormell presented background information in reference to kaiapplicafiat.
by Gysege_rn Enters for a mining permit in Mt. Pleasant Township. Mr, Hormell stated
that the Department of Environmental Resources ordered that a permit -Would not be granted be-
cause of adverse effect; that order was appealed and the Board reversed its decision and ordered
that a permit be issued subject to four (4) limitations. Mr.' Hormell informed the Board of said
limitations. Chairman recommended that no action be taken until such time that an indepth
study be made. Commissioner Paluso suggested that the Mt. Pleasant Township Supervisors
be contacted to determine their attitude. Mr. Hormell stated that he would be in a position to
make a report at the next Commissioners' Board meeting.
County Solicitor Hormell informed the Board of a Nisi Order of Certification issued by
the Pennsylvania Labor Relations Board which certified that Local 668 of the Service Employees
International Union has been designated as the bargaining agent, exclusive representative for the
Child Welfare and Mental Health/Mental Retardation Clinic.
E
1
MINUTE BOOK 11
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
County Solicitor Hormell reported to the Board that a hearing had been scheduled for
Wednesday, October 10, 1973, on exceptions which had been taken by the Union dismissing
their complaint of unfair labor practices. Mr. Hormell stated that subsequent to said hearing,
information had been received that the Union had withdrawn their complaint. Mr. Hormell
stated that upon receiving said Order,Mr. Whalen called the Labor Relations Board on the
28th of September and was advised that said hearing was cancelled due to said matter being
withdrawn. Mr. Hormell stated that said data should be made a matter of record because
of the advice received that the hearing had been cancelled was by telephone and no written
e verification has yet to be received.
County Solicitor Hormell informed the Board that the County Controller and the Court
en banc have filed an appeal to the Labor Relations Board's decision in the Commonwealth
Court. Mr, Hormell stated that said Court has informed that said .�tr vrfll be argued if
space is available because the Court's schedule has already been set. Mr. Hormell stated tha-�
said Court has also informed that in the event of a withdrawal or in the event of an original
jurisdiction proceeding that the County is to be prepared to argue on twenty-four (24) hours
notice either on November 7-8-or 9th. Mr. Hormell stated that otherwise, said matter will
be heard at the next available argument list at Harrisburg.
Chairman informed the Board that Mr. Louis Waller, Vice -President of McAnallen
Brothers, has submitted an additional proposal in reference to the proposed Home and Hospita:[
facility. Mr. Hormell informed the Chairman that he is in a position to give his legal opinion
but Chairman suggested that said opinion be held in abeyance in order that consideration may
be given to Mr. Waller's additional proposal.
Moved by Mr. Jones, seconded by Mr. Paluso, that the meeting adjourn.
Meeting adjourned.
THE FOREGOING MINUTE READ AND APPROVED:
, 1973
ATTEST:
CHIEF CLERK
-INJUSTICE TO THE TAXPAYERS -
It has recently come to my attention that another prisoner of Washington County, Silous
Huddleston, is not being held in the County jail but has been removed to some unknown place of
confinement much in the same manner and style which has been accorded his daughter, Annette
Gilly.
This again raises the question in my mind of the propriety and indeed the financial re-
sponsibility toward the taxpayers of Washington County for this type of activity.
The purported reason for this action is based upon security measons. I find this reasoning
114 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
unsound for the following reasons:
1. The Court has recently set bond for this defendant and although it is exceptionally
high, there still remains the very real potential bond could be posted and the prisoner
allowed to walk the streets. Why is special security outside the jail necessary when
conceivably, this man could walk free?
2. This particular defendant has been confined, unharmed, in the County jail several
years. Why is there now such a great need for security?
3. Despite some criticism to the contrary, our jail has passed all state and federal
regulations particularly in regard to our maximum security section. I can find no valid
security reason why these prisoners should not be confined the same as any prisoner.
It should also be mentioned that other defendants in this case are being held in our jail
without incident.
I believe it is high time the taxpayers of the County are given a complete explanation
of this situation. Criticism has been leveled at the County Commissioners to the effect that
the County is making money from the arrangements for Mrs. Gilly. This we steadfastly con-
tradict, and believe we have satisfactorily explained. The arrangements for Mr. Huddleston
are a deep dark secret to which we have not been informed or consulted.
I believe it is high time the responsible party - which in this case is and must be the judg a
in charge of the case - Charles G. Sweet - to come forward and explain why the taxpayers
should be burdened in this manner.
I will also note that the explanation that the federal or state government foots the bill
or most of it is unsatisfactory. After all, unless times have changed, they spend tax money
as well.