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HomeMy WebLinkAboutCOMM - Meeting Minutes - 96 - 12-4-1973 - COMMISSIONERMINUTE Bo❑K BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES. JR., EDWARD M. PALUSO, COMMISSIONERS Minute No. #96 Office of the County Commissioners Washington, Pa., December 4, 1973 A Special meeting of the Board of County Commissioners was held on Tuesday, December 4, 1973, at 11:20 a. m. in the Commissioners Conference Room with the following members being present: Commissioners Jones,' Paluso and Flynn. Also present being: Chief Clerk and County Administrator Whalen; County Solicitor Hormell; and Mr. Robert Zeman, Esq. - Special Counsel for the Chartiers Creek Flood Control Project. Chairman requested that the records indicate that the Chairman of the Board of County Commissioners called said Special meeting as of said date and that a memorandum unde date of December 3, 1973, was directed to the two (2) County Commissioners as required by statute notifying them of said Special meeting for the specific purpose of discussing land con- demnation proceedings on the Chartiers Creek Flood Control Project. Chairman requested that roll call be taken: Mr. Jones - Present; Mr. Paluso - Present; Mr. Flynn - Present. Mr. Zeman stated that he had talked to Mr. DeiCas and was informed that Mr. DeiCas would be meeting with Mr. Leonard Lucas at Forbes Steel. Mr. DeiCas informed Mr. Zeman that he is going to try to prevail on Mr. Lucas to move farther from the Creek to take in the limits that are now being acquired so that the County will legitimately come within the Flood Control Plan. Mr. Zeman stated that there is no reason why Mr. Lucas cannot do this; and that if it can be done, the County would be in a much better legal position. Mr. Zeman stated that the procedure to be followed is: (1) The Board by special resolution condemn a specific property for a specific purpose; therefore, two (2) resolutions have been prepared: one for the northeast corner owned by Silvio Tonti et ux et al, and one for the northwest corner owned by Donaldson Supply & Equipment Company. (2) Once the resolutions are passed then the Commissioners would sign a Declaration of Taking. (3) The Declaration of Taking is then filed in the Prothonotary's Office and on the same day the notice must be filed in the Recorder of Deeds Office so that everyone is put on notice as to the Taking. Mr. Zeman stated that the thirty (30) days does not start to run until a copy of the Declaration of Taking and the notice upon the person whose 14nd is being taken is served. Mr. Zeman further stated that in that service the County must either pay the party or give the party a written offer for what is believed to be just compensation. Mr. Zeman stated that the County is required to offer Silvio Tonti et ux et al and Donaldson Supply & Equipment Company the amount which the County estimates to be the just compensation. Mr. Zeman stated that if preliminary objections are filed then the Coun ty does not have to pay; however, if preliminary C J objections are not filed, then the County must be prepared to pay. Mr. Zeman stated that if MINUTE BOOK 185 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK .ZONES, JR., EDWARD M. PALUSO, COMMISSIONERS the party is overpaid then the County cannot get the amount back so that as a result the County must be very careful in what amount is offered for the property and that the offer should be as low an amount as possible. A discussion was then held on the amount to be offered for the property. Moved by Mr. Jones, seconded by Mr. Paluso, that the Washington County Board of Commissioners adopt the Resolutions by Zeman & Zeman, Special Counsel, and that said Special Counsel be hereby directed to carry out the terms within the Resolutions. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. A discussion was then held on the above motion. Moved by Mr. Jones, seconded by Mr. Paluso, that Zeman & Zeman, Special Counsel, be authorized and directed by the Washington County Board of Commissioners to carry out the purpose and intent of the Resolutions. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Mr. Zeman stated that all that would be necessary is to have the Declaration of Taking and the Notices sworn and subscribed by whomever wishes to sign them and that there must be at least two (2) signatures. Each Commissioner then signed the Resolutions and the Chief Clerk notarized the Resolutions. Mr. Zeman stated that a copy of the Resolutions would be distributed to all necessary parties. Chairman then stated that by agreement of all members of the Board that said meeting would be recessed until Wednesday, December 5, 1973, at a time to be later designated in order that certain information may be obtained from Clay Graham, Land Acquisition Agent. Meeting recessed. Meeting reconvened at 12:05 p. m. on Wednesday, December 5, 1973, with the following members being present: Commissioners Jones, Paluso and Flynn. Also present being: Chief Clerk Whalen; County Solicitor Hormell; Administrative Assistant Crouse; and Mr. Clay Graham, Land Acquisition Agent. Chairman stated that said meeting was calledi in order that the Board of Commissioners would be able to secure important information from Mr. Graham concerning the steps that would have to be followed in the condemnation of property. Mr. Graham stated that condemnation papers would be served tomorrow to the parties involved..`Mr. _Graham stated that it is not necessary to give an offer to said parties and that there is a months' time in order to come up with an offer. A discussion was then held on the above matter. 1 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Chairman then stated that the Corps of Engineers should be informed that the necessary action has been taken for the condemnation of property. Chairman further stated that Special Counsel Zeman be notified that he is now in position to condemn in accordance with the procedure that has been taken in the past and in accordance with the provision of the Eminent Domain Code relating to the notice necessary to be given to the condemnee as per Solicitor Hormell's suggestion. Moved by Mr. Jones, seconded by Mr. Paluso, that the meeting adjourn. Meeting adjourned. THE FOREGOING MINUTE READ AND APPROVED: December 5 , 1973 ATTEST: C$IEF CLERK L 1