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HomeMy WebLinkAboutCOMM - Meeting Minutes - 90 - 10-25-1973 - COMMISSIONER140 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Minute No. # 90 Office of the County Commissioners Washington, Pa., October 25, 197�3 The Board of County Commissioners met in regular session with the following members being present: Commissioners Jones and Flynn. Absent being: Commissioner Paluso. Also present being Chief Clerk and County Administrator Whalen; Administrative Assistant Crouse; County Solicitor Hormell; Mrs. June Lilley of The Daily Notes; Mr. Dave Budinger of The Observer -Reporter; Mr. Earl Bugaile - WKEG; and Ms. Helen Miller of The League of Women Voters. Meeting called to order by Chairman and roll call taken: Mr. Jones - Present; Mr. Paluso - Absent; Mr. Flynn - Present. Chairman asked if there were any corrections, additions, or omissions to Minute No. #K, each member having received a copy. Moved by Mr. Jones, seconded by Mr. Flynn, that Minute No. # 89 be approved, as read. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. Reports - Commissioner Jones: Re: Water Problem at Claysville Borough. Commissioner Jones reported to the Board that at a Civil Defense meeting of all Civil Defense Directors on Tuesday, October 23, 1973, the Civil Defense director from Claysville Borough brought to our attention the water problem that Claysville is having. Mr. Davies, who is from the State Civil Defense, was also there. Mr. Jones asked him what we could do for Claysville Borough and Mr. Davies told him to contact their local Department of Environmental Resources and the Civil Defense would supply the pipes and the pumps`for the adjoining lake. As of the present time, the water in their main lake is low on water. Mr. Davies suggested thst we contact the D. E. R. , and on their approval, they would contact the central office in Pittsburgh and make arrangements for the pipe to be delivered from Harrisburg. The Claysville Borough would have to supply the truck to go with the pipe. Mr. Bohner and Mr. Jones have kept in touch with Fred Large, the Mayor of Claysville. Mr. Large went ahead and contacted Manufacturing Light and Heat until the D. E. R. has given approval to bring the pipe in from Harrisburg. They Ive made arrangements at M. L. & 'H. to supply them with 4, 000 feet of metal pipe and also the appropriate pumps. This is a private lake. Mr. Jones stated that Mr. Maher is going to call him later in the day and let him know how they are progressing. The work will begin today in connection with the above matter. Additional material will be supplied by the D. E. R. through the Civil Defense. Mr. Maher had stated that the international spring will pump 37, 000 gallons of water up over the hill. There has been immediate action from all parties involved. 0 1 L MINUTE BOOK 141 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 2 -.-:- T i-1 - -. **� .._ (Mr. Merdian - WJPA, entered the meeting). Old Business - None. Correspondence: Mr. Whalen. (Bills) Moved by Mr. Jones, seconded by Mr. Flynn, that the following bills be approved for payment: (1) Washington -Greene Community Action Corporation -.$5, 000. 00 - further quarter allocation. (2) Burgettstown Community Library - $500.00. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chief Clerk read correspondence under date of October 17, 1973, from M & M Equipment Sales Company. The letter is in regards to Chartiers Flood Control Project. Mr. Whalen: It was brought to our attention that in Phase I there is an area of about 300 yards that has not been properly constructed with the "rip -rap" materials. We received a couple estimates in connection with this work which I forwarded to the Corps of Engineers in Pittsburgz, requesting that they give this consideration because the budget is a construction part of this project. Chief Clerk read correspondence in connection with Phase I concerning removal of debris, silt and sandbars and also tree growth within the slope and ten feet easement area of the channel. Mr. Whalen stated that the County is responsible for maintenance. He stated that thi:,, quotation is for informational purposes only, and it is in the amount of $16, 800. Mr. Hormell: Of course with the proposal being that figure, it *,ould require advertising for that specific project. We have been directed to look into this matter, and we find this is a a special type of work that only certain types of people are equipped to do. Yet it is/repetitive type of work that from time to time maintenance is required and sometimes emergencies come up and sometime they do not. I am prepared to recommend to the Board that they advertise (for a proposal with some competent group, to execute and enter into with that group or organization advertisement a contract for maintenance. Then I think onde that /is done and the Board has had an opportunity to listen to all proposals, we could legitimately enter into an agreement that would provide for -he continous maintenance of this sort of thing. Discussion was held as per above. Moved by Mr. Jones, seconded by Mr. Flynn, that Solicitor Hormell's recommendattion Roll call vote taken. as per above, be approved. Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously Chief Clerk read correspondence under date of October 17, 1973, from Corps of Engineers, directed to Mr. Flynn, regarding Chartiers Creek Flood Protection Project, Canonsburg -Houston Reach; Environmental Improvement. 142 MINUTE ■■ BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Mr. Flynn stated that the Board did meet with the representatives of the Corps of Engineers ant what this amounts to is a Bureauification Program. It would be a big asset to the project. Mr. Flynn also stated that before we could take that action we would have to notify that gentleman that we would have to consult our engineer and that we will have to hold this in abeyance until such time that we can determine how much cost this will involve. Mr. Flynn suggested that we table it for the time being and acknowledge same to the Corps of Engineers that we will notify them at a later date. Chief Clerk read correspondence under date of October 18, 1973, from Richard E. Horma-i, Executive Director of the Governor's Council on Drug and Alcohol Abuse:. "It has come to my attention that certain programs are releasing the names of patients or other identifying information to the Federal government through the Client Oriented Data Acquisition Process (CODAP). Reference should be made to my letter of July 31, 1973, warning against such releases of information as being in violation of Subsection 8 of "The Pennsylvania Drug and Alcohol Abuse Control Act" (Act 63). This letter reiterates this warning and is to further inform you that any continued violations after ten days from the date of this letter will be referred to the Attorney General's Office for immediate legal and administrative action. This letter is to be regarded as a final warning. I am also advising you, at this time, that the Federal government, as an interim decision, is no longer requiring Federally funded programs in the Commonwealth of Pennsylvania to submit identifying information to them. Therefore, it should be apparent that there no longer exists any pressures that could be construed to force you to supply this identifying information to the Federal CODAP program. While we have been very concerned about the programs being caught between the conflicts in State law and Federal policy, I feel that it is imperative for each one of us to remember that our prime responsibility is to the patient and his civil and legal rights. " Mr. Flynn suggested we acknowledge receipt of letter from Mr. Horman and forward a copy to Mr. John Fantz. Chief Clerk read correspondence under date of October 16, 1973 •nrrom Theodore J. Mitch(ll, Department Commander, Disabled American Veterans. The letter isregards to a very important matter concerning disabled veterans. Attached was a copy of a resolution which was passed by unanimous vote of the membership at their Department Convention on June 23, 1973. It voices the deep concern that the Disabled American Veterans have regarding the Manpower Training and other programs that will be controlled by local communities through Manpower Revenue Sharing. Mr. Flynn suggested we acknowledge receipt of letter from Mr. Mitchell and forward a copy to Mr. M cAmbley. Chief Clerk read correspondence under date of October 15, 1973, from the Joint Monongahela Ferry Commission directed to Mr. Flynn: "Respectfully consider a change of Section 2 of the Ordinance creating the Joint Monongah•:1a Ferry Commission. This would change the number of members of the Commission f -o,m seven(7) ter eight (8). Instead of having three (3) members from one county and four (4) members from tf.e other, alternating each year, this would involve four (4) members from each county serving simutaneously. Also, the Solicitors from bath counties would serve at the same time. Forceal le retirement of a member each year would be a detiement to the Commission. This is an opinion of the entire Commission and has been duly acted upon. Your consideration in this matter would be greatly appreciated. " Discussion was held on the above matter. I I Mr. Hormell: It would by my recommendation to table the matter until such time as you and yowr 1 n MINUTE BOOK 143 BOARD OF COUNTY COMMISSIONERS 0 WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN. FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 4 Board have had an opportunity to discussed it with Mr. Lebder and the Fayette Board of Commissioners and to look into all the ramifications and come up with a decision. Then when that, decision is made, notify the Commissioners what you are going to do. D 6ussion was held on the above matter. Mr. Jones stated that he is interested in the Commission moving toward the function for which it was created. When and if problems arise, by virtue of the number of*embers on the committee, it can be taken care of then. Moved by Mr. Jones, seconded by Mr. Flynn, that the change of Section 2 of the Joint Monongahela Ferry Commission Ordinance, as per above, be approved. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chief Clerk notified the Board of a situation concerning the Charleroi Senior Citizen3 Center. The Charleroi Senior Citizens Center involves a $1. 00 per year lease with the Sc'bDol District for the use of these facilities. The gas line that furnishes the gas has been declared beyond use. At the present time the gas is shut off in the building, The estimate cost to replac this gas line is $400. 00. The alternative is to either move or put a gas line in. Discussion was held on the above matter. Mr. Hormell: Mr. Hormell commented on leases the Board of Commissioners have. He also stated that in view of the fact the property involving the S. C. C. is owned by a school district, which is another public entry, I think that an expediture could be construed as a payment for rent for the buibd1hg. As you know, we can not spend public money to improve private property, nor can we do it with public property without certain safe guards having been made. Mr. Hormell stated he believes, however, that in this case, we can pay to the school district this amount of money and it in turn can be used for repair of the gas line, provided that the school district is notified and is agreeable to this. Mr. Hormell stated that it would be his recommendation, therefore, that the Board would and could appropriate the money necessary for that purpose, subject to those conditions. Moved by Mr. Jones, seconded by Mr. Flynn, that the Board allocate the amount of $400. 00 to the said School District and it in turn can be used for repair of the gas line as per above ,Mahe recommendation of Solicitor Hormell. Remarks: Mr. Jones stated that he feels we shouldalways help in anyway we can to keep the Senior Cities Centers operating. Mr. Whalen stated he would notify Mr. Pe trosky and have him follow through on the procedure as per above. was Roll call vote/taken: Mr. Jones - Yes; Mr. Flynn' - Yes. Motion carried unanimously. 144 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS • WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Chief Clerk notified the Board of a request from the Washington County Fair Association. He stated that the request was to permit McAnallen Brothers to remove about 3, 000 cu. yards of dirt from behind the buildings down there. Mr. Whalen stated that he feels it will definately be an improvement to the grounds. They need this for an improvement the.,Dy,a net Corporation in the Arden area. Mr. Whalen stated he talked to Mr. Hank yesterday and that he told him any approval would be subject to compliance with the recent sedimentation control that have been established by the State. Mr. Whalen stated that it his opinion that there would be a contingency on the approval that Mr. Sember of the Planning Commission inspects it and makes sure it falls in the sedimentation control guide lines. Discussion was held on the above matter. Mr. Hormell stated he thinks approval of the request should be subject to two (2) conditions: (1) All requirements with respect to sedimentation and any other state and federal regulations be met. (2) This organization agree to idemnify and hold 'harmless Washington County in ` thb event of any damage or injury to personal property. Mr. Hormell stated that subject to those two (2) conditions, it would be legal to grant the above request. Moved by Mr. Jones, seconded by Mr. Flynnthat the request for the McAnallen Bros. to remove said dirt as per above be approved subject to the conditions recommended by Solicitor Roll call vote taken. Hormell. Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chief Clerk stated he has a letter he would recommend the Boards approval to make an application to the Corp of Engineers for a Flood Control Project that involves a stream in West Bethlehem Township. The stream is approximately two hundred (200) feet long. Mr. Whalen stated that he requests approval to submit this to the Corp of Engineers for their consideration. Discussion was held on the above matter. Moved by Mr. Jones, seconded by Mr. Flynn, approving the request to submit an application to the Corp of Engineers for a Flood Control Project as per above. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. read Chief Clerk/copy of correspondence from himself to Mr. Allen J. Kline, President, United Way of Mon Valley acknowledging receipt of letter dated October 4, 1973, concerning Drug and hlcohol Program. Copy of this letter was sent to Mr. John Fantz. Chief Clerk read correspondence from himself directed to Mr. William R. B. Froehlich, 1-Executive Director, SPRPC, stating that the Washington County Board of Commissioners went on re cord recently as being seriously opposed to the makeup of the Transportation Committee which is recom- mending allocations and policy as far as the Federal, State, and local programs concerned. Th:.s 1 1 Board is of the opinion that five (5) votes for Allegheny County, two (2) votes for the City of Pittsburgh, and one (1) vote for each of five (5) remaining counties does fairly represent this 91 n 1 MINUTE B❑©K145 E30ARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 6 County. Also PennDOT representation includes their Allegheny Beaver County District Engineer. This Board feels the District Engineer handling our District should be included in matters effecting this District. ( Liquid Fuel Grants) Moved by Mr. Jones, seconded by Mr. Flynn, approving the two (2) applications for ($20, 000) ($22, 500) additional County Aid for Deemston Borough and Centerville Borough. Solicitor: Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. Solicitor Hormell stated that he has an original and six (6) copies of an Amended Agreement between the Department of Environmental Resources and the County of Washington. They are necessary to indicate what the Commonwealth's total allocation will be to the Chartiers Creek Local Flood Protection, Project, Canonsburg -Houston Reach, through Fiscal Year 1974 (June 30, 1974). The Commonwealth had obligated themselves for the payment of $1, 000. 00 toward that project. This would amend the agreement which we have with them and it would increase the allocation from $1, 000. 00 to $1, 045. 00. Mr. Hormell stated that this amended agreement is the direct result of the work of the representative the Board sent to Harrisburg to see if they could get more money on this matter. Mr. Hormell advised that said representative has been successful. Mr. Hormell recommended the adoption and signing of the agreement and also regiuested that when the Chief Clerk sends the agreement, .end if it is adopted; to Harrisburg, that in his cover letterhe point out that on the second page our office has noted that the certification required for the Comptroller indicated . $1, 000. 00 and that it should be $1, 045. 00. Moved by Mr. Jones, seconded by Mr. Flynn, that the Amended Agreement between the Department of Environmental Resources and the County of Washington be executed and that tie Chief Clerk, after the conditions having been executed, send it to the Commonwealth with the above cover letter calling their attention to said typigraphical error, as per recommendations by Solicitor Hormell. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. Solicitor Hormell read correspondence under date of October 20, 1973, from the Department of Agriculture, directed to Mr. William S. Stacko, in regards to an application for Flood Relief. Moved by Mr. Jones, seconded by Mr. ( lynn, that the Board execute the certificatJons of ownership in order that Mr. Stacko may receive his flood aid; said action based on the recommendation of Solicitor Hormell. i MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 7 Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. Solicitor Hormell stated that back in February, it was called to his attention that the Flyers Club had requested that we permit them to lease a jeep. Nothing was, done about that, and the it matter was not consummated. Solicitor Hormell stated that/is his opinion that such a lease would continue to carry on a bad thing and he thinks the matter should be disposed of pursuant to the Provision of the County Code and the property sold. Solicitor Hormell stated he believes Mr. Flynn and Mr. Jones have estimated the property to be junk. In which case, he thinks it would fall in the Provision of Section 1805 of the County Code wherein it provides: "That if personal property proposed to be sold, is estimated to have a value of less than $200. 00, a notice of a proposed sale can be posted at least ten (10) days in a commonly place in the County Courthouse describing and itemizing the property and directing that bids may be made at the Chief Clerk. Thereafter, the Commissioners may sell the property. " Solicitor' Hormell requested the following of the Commissioners: (1) An agreement that the Commissioners agree that they have seen the property and that they estimate the property value to be less than $200. 00. (2) The following resolution: "Resolved that having found that the jeep and mower at the County Airport are junk -and that the total value of the same is estimated to be less than $200. 00 that they be exposed for sale by placing notices of the proposed sale and posting them in the Courthouse and there- after, to be sold to whomever gives the best price for the property involved. " Discussion was held on the above matter. Moved by Mr. Jones, seconded by Mr. Flynn, that the foregoing resolution be adopted; said action based on the recommendations of Solicitor Hormell. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. (Juvenile Detention Agreement - Greene County) Solicitor Hormell contacted Judge Toothman of Greene County; and the Judge stated he was unaware of the fact there had been no agreement involving juvenile homes. Mr. Hormell went on to explain the procedure taken when a juvenile is put into a home. Mr. Hormell stated he is therefore ready to make the following recommendations due to consultation with Judge Toothman: (1) All orders which have been made in the past for children that have been placed in detention be ascertained. That is a figure determined for the cost of detaining these children and that Greene County be billed for that cost. (2) That Judge Toothman continue in his arrangements provided that when he makes an order for detention that he add to that order for detention, and the cost of the same be tilled to Greene County. (3) When Judge Toothman has an opportunity to speak to the Greene County Commissioners and Mr. Marion, Solicitor Greene County, that we would prepare an agreement similar to the one approvedfor Westmoreland F MINUTE BOOK 147 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN. FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 8 County; that our detention home would be available if space permitted for his use, and subject to of course; not being available, at a rate to be set. Discussion was held. (Judge Simmons and Dave Posner entered the meeting.) Moved by Mr. Jones, seconded by Mr. Flynn, that Solicitor Hormell's recommen- dations, as per above, be approved. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. ( Budget) Mr. Flynn: As per our meeting of last week, concerning the status of our County. My under- standing was that Mr. Elish and Mr. Roney were supposed to get in touch with you (Mr. Whalen} about the accounts and make recommendations to this Board to make necessary appropriations or transfer money from one account to another to bring them up to their right respective. Mr. Whalen: As you recall, I requested they give us an indepth analysis on four (4) accounts. They were as follows: (1) Recorder of Deeds; (2) District Attorney;�3) Sheriff; (4) Courts. Up to this pointy haven't received any information. Discussion was held on this matter. Mr. Whalen state. that Budget Hearings for 1974 will begin to be scheduled on November 7, and they will continue as appropriate from 7th, 8th, 9th and through the week of November 12. Mr. Flynn stated that we could very well be in Commonwealth Court on the dates set for the Budget Hearings; therefor e, he suggests that we should have at least twenty-four hour notice of all Budget Hearings. Moved by Mr. Jones, seconded by Mr. Flynn, that the meeting be adjourned. Meeting Adjourn. THE FOREGOING MINUTE READ AND APPROVED: ""7 1973 ATTEST: CHIEF CLERK