HomeMy WebLinkAboutCOMM - Meeting Minutes - 119 - 5-16-1974 - COMMISSIONERMINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN. FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Minute No. 119
Office of the County Commissioners
Washington, Pa., May 16, 1974
The Board of County Commissioners met in regular session with the following
bers being present: Commissioners Jones, Paluso and Flynn. Also being present: Chief Cler
and County Administrator Whalen; Administrative Assistant Crouse; Assistant County Solicitor
Gilmore; County Controller Mascara; Deputy Controller Daniels; Land Acquisition Agent Clay
Graham; Marsha R,ojewcez, Henry Fisher, and Robert Arthurs of Babbitt, Meyers & Waddell;
J. Craig Kuhn of Kuhn, Engle, Blair & Stein; Victor Lynch of Litman, Litman, Harris &
Specter; Mrs. Miller of The League of Women Voters; Earl Bugaile of WKEG Radio; Jack Mer-
dian of WJPA; Mrs. Lilley of The Daily Notes; Paul Carson of The Observer -Reporter; Jerry
Kelanic of WWVA; and Mrs. Beaver Perkins of Volunteers In Probation.
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. 118, each member having received a copy.
as read.
Moved by Mr. Jones, seconded by Mr. Paluso, that Minute No. 118 be approved,
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Reports: None
Old Business: None
Special Order of Business: Washington County Bond Issue
(Establishment of Sinking Fund Account Fund No. 1)
sioners:
Chief Clerk read the following letter dated May:16, 1974, addressed to the Commis
Gentlemen:
1. Subject to the conditions outlined herein, we offer to purchase
from you $5, 000, 000 par value of General Obligation Bonds, Series of 1974,
of the County at a price of $4, 875, 000 and accrued interest on the principal
amount thereof to date of delivery or to June 11, 1974, whichever occurs
first. We enclose our check in the amount of 2% of the principal amount
of the Bonds, which check represents our good faith check as required.
These Bonds are to be issued in accordance with the provisions of the
Local Government Unit Debt Act (Act 185 of 1972).
2. The Bonds will be dated June 1, 1974, and will be of the denom-
ination of $5, 000 par value each, will be registrable as to principal only at
the option of the holder, will bear interest (coupons maturing each June 1 and
December 1), and will mature in numerical order on June 1, in the years and
at the rates of interest in the schedule attached to this offer.
352
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
3. The principal and interest of all the Bonds will be payable at the Principal
Office of Pittsburgh National Bank, who will act as Paying Agent.
4. The Series of 1974 Bonds maturing after June 1, 1984, are redeemable
for other than Mandatory Sinking Fund purposes at the option of the County, at
100% of their principal amount (par) plus accrued interest, in the inverse order
of their maturities, by lot within a maturity, on not less than thirty days' notice,
as a whole at any time or in part on any interest payment date, on or after June 1, 1984
The Series of 1974 Bonds maturing on June 1, 1999, are subject to mandatory
redemption in part, by lot, at 100% plus accrued interest, upon at least thirty days'
published notice on June 1 in certain years beginning 1991 as set forth in the schedule
attached to this offer.
5. Our offer to purchase the Series of 1974 Bonds and our obligation to do
so, arising from your acceptance of our offer, shall be subject to the following
conditions.
A. The required Authorizing Ordinances shall be properly advertised in
accordance with Act 185 of 1972, as amended. Proof of said advertisements,
places of advertisement, and the text of said Ordinances shall be satisfactory
in form and substance to us and to Bond Counsel, Messrs. Kuhn, Engle, Blair
and Stein, Pittsburgh, Pennsylvania, and Messrs. Litman, Litman, Harris
and Specter, P.A. , Pittsburgh, Pennsylvania.
B. At or prior to the closing, you shall have delivered to us the unqualified
approving legal opinion of Messrs. Kuhn, Engle, Blair and Stein and Messrs.
Litman, Litman, Harris and Specter, P.A. , which shall state, among other
things, that (i) the interest on the Series of 1974 Bonds is not subject to pre-
sent Federal Income Taxes under existing statutes and decisions, and (ii)
the Series of 1974 Bonds, their transfer and the income therefrom, including
any profits made on the sale thereof (other than the underwriting spread in a
distribution), are free from taxation within the Commonwealth of Pennsylvania,
except inheritance, estate, succession and gift taxes, or any other tax not
levied or assessed directly on the Bonds or the income therefrom. Said
opinion shall also cover such other relevant matters as we shall reasonably
request.
C. At or prior to the closing, we shall have received a certificate of no
litigation, proof of approval by the Department of Community Affairs, a
certificate stating the Borrowing Base of the County, a certified Debt
Certificate, and all other customary closing proofs.
D. All expenses incident to the printing of the Bonds, the Ordinances, the
Official Statement, the rating (if any), the fees and expenses of Bond Counsel,
accounting fees, and advertising and filing expenses will be paid by the County.
6. You agree to notify us your intention to deliver the Bonds at least six (6)
days prior to the time delivery and payment are to be effected, but in no event will
you attempt to deliver during any period allowed for appeal pursuant to Act 185 of
1972 unless waived in writing by us; however, we may, at our option, request de-
livery and make payment prior to the expiration of this six -day period. You agree
that this offer to purchase is °subject to the completion to our satisfaction of all
the conditions outlined above, together with all requirements pursuant to Act 185
of 1972, and the delivery of the Bonds to us, not later than June 11, 1974; and,
if delivery is not completed, you will return our good faith check to us at that
time. We may, however, if delivery of the Bonds has not been accomplished by
you at that time, at our option, extend the time for completion of these conditions
(including delay of your return to us of our good faith check) and the delivery of
the Bonds from time to time, for whatever periods we may deem necessary and
appropriate, such period or periods, however, not to exceed in its entirety six
months from the date of this offer; or we may cancel entirely our contract to
purchase.
7. If the foregoing bid for the County's Bonds is accepted by you, please
indicate your acceptance in the appropriate section below.
Yours very truly,
BABBITT, MEYER,S & WADDELL
1
/s / Robert C. Arthurs
Robert C. Amours
Partner
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
1
1
ACCEPTANCE
AND NOW, this 16th day of May, 1974, the proposal of Babbitt, Meyers &
Waddell, of which the above is a true copy, is hereby understood to be a binding
contract between Babbitt, Meyers & Waddell, and the County of Washington,
Pennsylvania.
ATTEST:
/s/ F. D. Whalen (Seal)
Chief Clerk
COUNTY OF WASHINGTON
Pennsylvania
By / s / Michael R.. Flynn
Chairman
By /s/ Frank Jones, Jr.
Commissioner
By /s/ Edward M. Paluso
Commissioner
'i' i<mmm�ti ncm %icm=F�=ic �cm
$5, 000, 000
COUNTY OF WASHINGTON
PENNSYLVANIA
General Obligation Bonds - Series of 1974
Schedule
Dated: June 1, 1974 Due: June 1, as
shown b elo w
Maturity Schedule
Rates of
Year Amount Interest
1975
$ 95,000
5. 20%
1976
100,000
5.25
1977
105,000
5.30
1978
110,000
5.35
1979
115,000
5.40
1980
125,000
5.45
1981
130,000
5.50
1982
135,000
5.55
1983
145,000
5.65
Rates of
Year
Amount
Interest
1984
$155, 000
5. 75%
1985
160,000
5.85
1986
170,000
5.90
1987
180,000
5.90
1988
190,000
6.00
1989
205,000
6.00
1990
215,000
6.00
1999
2,665, 000
6.50
Mandatory Redemption Schedule
Year
Amount
1991
$ 225, 000
1992
240,000
1993
260,000
1994
275,000
1995
295,000
1996
310, 000
1997
330,000
1998
355,000
Mr,. Kuhn read the following to be made a matter of record:
COUNTY OF WASHINGTON
COMMONWEALTH OF PENNSYLVANIA
ORDINANCE
z
AN ORDINANCE OF THE COUNTY OF WASHINGTON INCREASING THE
BONDED INDEBTEDNESS OF THE COUNTY BY AN ISSUE OF GENERAL
OBLIGATION BONDS, SERIES OF 1974, IN THE AMOUNT OF. $5, 000, 000
FOR THE PURPOSES OF ACQUIRING LAND FOR INDUSTRIAL DEVELOP-
MENT, CHARTIERS CREEK FLOOD CONTROL, HARMON CREEK FLOOD
354
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
CONTROL, ACQUIRING AND DEVELOPING LANDS FOR. PARKS AND
RECREATION AND LAND CONSERVATION, FINANCING TAX RE-
ASSESSMENT, IMPROVEMENTS TO COURT ROOMS, LAW LIBRARY
AND THE COURT HOUSE, REFUNDING OUTSTANDING NONELECTOR.AL
DEBT, MEETING ANTICIPATED CAPITAL FUND NEEDS FOR VARIOUS
COUNTY OFFICES, CONTRACTING FOR RECORD COPYING SYSTEMS
FOR. THE OFFICES OF THE REGISTER OF WILLS, RECORDER OF
DEEDS AND PROTHONOTARY, PARTICIPATING WITH THE UNITED
STATES GOVERNMENT AND INDEPENDENCE TOWNSHIP IN THE
ACQUISITION AND DEVELOPMENT OF LANDS FOR, CROSS CREEK
DAM AND PARK, PARTICIPATING IN THE JOINT MONONGAHELA
FERRY COMMISSION WITH FAYETTE COUNTY, AND PAYING COSTS
OF THE BOND ISSUE, FIXING THE FORM, NUMBER, DATE, INTEREST
RATES AND MATURITIES THEREOF, LEVYING A TAX FOR PAYMENT
OF DEBT SERVICE CHARGES, AUTHORIZING EXECUTION, SALE AND
DELIVERY THEREOF, PLEDGING THE REPAYMENT OF SAID BONDS,
AND AUTHORIZING AND DIRECTING THE FILING FOR, APPROVAL OF
SAID DEBT WITH THE PENNSYLVANIA DEPARTMENT OF COMMUNITY
AFFAIRS AND AUTHORIZING THE PAYMENT OF THE REQUIRED FILIN G
FEE THEREFOR.
WHEREAS, it is necessary that the bonded indebtedness of the County of
Washington be increased by the amount of Five Million Dollars ($5, 000, 000) for the
purposes of acquiring land for industrial development, Chartiers Creek Flood Control,
Harmon Creek Flood Control, acquiring and developing lands for parks and recreation
and land conservation, financing tax reassessment, improvements to court rooms,
law library and the Court House, refunding outstanding nonelectoral debt, meeting
anticipated capital fund needs for various County offices, contracting for record
copying systems for the offices of the Register of Wills, Recorder of Deeds and
Prothonotary, participating with the United States Government and Independence
Township in the acquisition and development of lands for Cross Creek Dam and
Park, participating in the Joint Monongahela Ferry Commission with Fayette County,
and paying the costs and expenses of preparing, issuing and marketing said $5, 000, 000",
General Obligation Bonds, Series of 1974, of the County; and
WHEREAS, the County's presently outstanding indebtedness in the amount of
One Million Three Hundred Sixty Thousand Dollars ($1, 360, 000. 00) evidenced by a
Temporary Indebtedness Note, Capital Reserve Fund, Series 1972, is to be refunded
in conformity with the provisions of §1103 (b) of the Local Government Debt Unit Act
from the proceeds of the General Obligation Bonds, Series of 1974, maturing June 1,
1975, through June 1, 1986; and
WHEREAS, the County has heretofore determined and solicited a negotiated
bid for the sale of said $5, 000, 000, General Obligation Bonds, Series of 1974, from
Babbitt, Meyers & Waddell, Pittsburgh, Pennsylvania, and has received an appro-
priate bid therefor.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Board of
County Commissioners of the County of Washington, and it is hereby ordained and
enacted by authority of the same as follows:
SECTION 1. The Board of County Commissioners hereby approves the
Cost Estimates, copies of which are attached hereto and made a part hereof as
"Exhibit A", in compliance with Section 106 of the Local Government Debt Unit Act.
SECTION 2. The Board of County Commissioners hereby accepts the nego-
tiated proposal from Babbitt, Meyers & Waddell for the purchase of the $5, 000, 000,
General Obligation Bonds, Series of 1974, with the discount, interest rates, redemp-
tion provisions, and the maturities as set forth in "Exhibit B" which is attached hereto
and made a part hereof.
In accordance with the aforesaid bid and subject to the approval of the author-
izing proceedings by the Pennsylvania Department of Community Affairs, the County
Controller is hereby directed to deliver said Bonds when fully executed to Babbitt,
Meyers & Waddell upon the receipt of the purchase price, including accrued interest
to the date of delivery as specified in said bid.
SECTION 3. The nonelectoral indebtedness of Washington County be and the
same is hereby increased by the amount of Five Million Dollars ($5, 000, 000) for the
purposes of acquiring land for industrial development, Chartiers Creek Flood Control,
C
7
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
C
Harmon Creek Flood Control, acquiring and developing lands for parks and
recreation and land conservation, financing tax reassessment, improvements to
court rooms, law library and the Court House, refunding the presently outstanding
$1, 360, 000 nonelectoral debt, by repayment of the Temporary Indebtedness Note,
Capital Reserve Fund, Series 1972, meeting anticipated capital fund needs for
various County offices, contracting for record copying systems for the offices of
the Register of Wills, Recorder of Deeds and Prothonotary, participating with the
United States Government and Independence Township in the acquisition and develop-
ment of lands for Cross Creek Dam and Park, participating in the Joint Monongahela
Ferry Commission with Fayette County, and paying the cost and expense of preparing,
issuing and marketing the Bonds. The period for accomplishing the acquisition and
construction of such purposes has been estimated' by the County as three (3) years.
SECTION 4, The said indebtedness shall be evidenced by one thousand (1, 000)
General Obligation Bonds in coupon form, numbered consecutively from I-1 to I-1, 000,
inclusive, each in the principal sum of Five Thousand Dollars ($5, 000. 00), dated and
bearing interest from the first day of June, 1974, at the rate or rates of interest per
annum, payable beginning December 1, 1974, and thereafter semi-annually on the
first day of the- months of June and December in each of the years during the term
of said Bonds, and which shall mature in numerical order on June of each year and
be paid, all as set forth in the schedule marked "Exhibit B" which is attached hereto
and made a part hereof.
The principal and interest on said Bonds shall be payable at Pittsburgh Na-
tional Bank, Principal Office, Pittsburgh, Pennsylvania, without deduction for any
taxes (except gift, succession or inheritance taxes or any other taxes not levied
directly on the Bonds, the receipt of the income therefrom, or the realization of
gains on the sale thereof) which may be levied or assessed thereon or on the'debt
secured thereby pursuant to any present or future law of the Commonwealth of
Pennsylvania, all of which taxes the County assumes and agrees to pay as the
same may be from time to time assessed thereon.
Certain of the Bonds of this issue shall be callable and subject to redemption
in accordance with the schedule set forth in "Exhibit B" which is attached hereto
and made a part hereof, provided notice of such call shall be given by registered
mail to all registered owners and by advertisement once a week for two successive
weeks in a daily newspaper of general circulation published in the City of Pittsburgh,
Pennsylvania, the first advertisement to be made at least thirty (30) days before
the date on which the Bonds will be redeemed and paid, upon payment of the appli-
cable redemption price as set forth in said schedule in "Exhibit B", in each case
together with accrued interest to the date fixed for redemption.
SECTION 5. The periods of usefulness of those improvements to be acquired
and constructed and for which, in part, the said Bonds are to be issued are forty
(40) years.
SECTION 6. The said Bonds are General Obligation Bonds and shall be
nonelectoral debt of Washington County.
SECTION 7. The form of said Bonds and the Coupons to be attached
thereto shall be substantially as follows:
NO.
UNITED STATES OF AMERICA
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
GENERAL OBLIGATION BOND
SERIES OF 1974
KNOW ALL MEN BY THESE PRESENTS, that the County of Washington,
Commonwealth of Pennsylvania, a municipal corporation existing by and under
the laws of said Commonwealth, for value received, hereby acknowledges itself
indebted and promises to pay to the bearer hereof, or, if registered, to the
registered owner hereof, the sum of FIVE THOUSAND ($5, 000. 00) DOLLARS
on the first day of June, A. D. 19 , with interest at the rate of
per centum ( %) per annum, payable beginning December 1, 1974, and
thereafter semi-annually on the first day of the months of June and December
in each year, on presentation and surrender of the interest coupons hereto
attached as they severally become due, without deduction for any taxes (except
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSQ, COMMISSIONERS
gift, succession or inheritance taxes or any other taxes not levied directly on this
Bond, the receipt of the income therefrom, or the realization of gains on the sale
hereof) which may be levied or assessed thereon or on this Bond or on the debt
secured hereby pursuant to any present or future law of the Commonwealth of
Pennsylvania, all of which taxes the County of Washington hereby assumes and
agrees to pay, as the same may be from time to time assessed thereon.
Both the principal and interest are payable in lawful money of the United
States of America at Pittsburgh National Bank, at its Principal Office, in Pitts-
burgh, Pennsylvania, or at the principal office of any successor Paying Agent.
This Bond is one of a series of one thousand (1, 000) bonds of like date,
amount and tenor, except as to the date of maturity, numbered consecutively
from I-1 to I-1, 000, both inclusive, amounting in the aggregate to the sum of
Five Million Dollars ($5, 000, 000), and issued for valid muni(;ipal purposes in
accordance with the Act of General Assembly of the Commonwealth of Pennsyl-
vania, known as the "Local Government Unit Debt Act," approved July 12, 1972,
as amended, and by virtue of an Ordinance, adopted May 16, 1974, of the County
of Washington (herein called the "Bond Ordinance"), and with the approval of the
Department of Community Affairs of the Commonwealth of Pennsylvania.
Certain of the Series of 1974 Bonds shall be callable and subject to redemp-
tion as hereinabove set forth, provided notice of such call shall be given by regis-
tered mail to any registered owners thereof and by advertisement once a week for
two successive weeks in a daily newspaper circulating generally in the City of
Pittsburgh, Pennsylvania, the first advertisement to be made at least thirty (30)
days before the date on which the Bonds so to be called will be redeemed and paid,
said redemption and payment to be made upon presentation and surrender hereof
on or after said call date at Pittsburgh National Bank, at its Principal Office,
in Pittsburgh, Pennsylvania, or at the principal office of any successor Paying
Agent. ,
It is hereby certified that all acts, conditions and things required to be
or be done, happen and be performed precedent to and in the issuance of this
Bond or in the creation of the debt of which it is evidence, have been done,.
happened and been performed in regular and due form and manner -as required
by law; and that this Bond, together with all other indebtedness of the County
of Washington is not in excess of any constitutional or statutory limitation, and
for the prompt and full payment of all the obligations of this Bond, the full faith,
credit and taxing power and resources of the said County of Washington have
been irrevocably pledged.
This Bond shall pass by delivery or it may be registered upon the books
of the County Controller, as Registrar. After such registration of ownership,
which shall be certified hereon by the said County Controller as the Registrar,
no transfer shall be valid except upon the books of said Registrar, unless the
last transfer so registered shall have been to bearer and transferability by
delivery thereby restored; but it shall continue subject to, successive registra-
tion and transfer to bearer as aforesaid, at the option of the holder. The trans-
ferability of the coupons by delivery shall not be affected by registration of this
Bond.
It is hereby further certified that aniannual tax sufficient for the payment
of all future debt service charges and State taxes (if any) on the issue of Bonds of
which this Bond is a part has been properly levied and assessed and that said tax
is not in excess of any legal limitation.
Neither this Bond nor any interest coupon hereto attached shall be entitled
to any benefit under the Bond Ordinance or be valid or become obligatory for any
purpose until this Bond shall have been authenticated by the execution by the Sinking
Fund Depositary and Paying Agent of the certificate of authentication endorsed
hereon.
IN WITNESS WHEREOF, COUNTY OF WASHINGTON has caused this Bond
to be properly executed manually anO/or in facsimile by the Chairman and the
members of the Board of County Commissioners, and a facsimile of its corporate
seal to be affixed and attested by the manual or facsimile signature of the Chief
Clerk, and to be countersigned with the manual or- facsimile signature of the
County Treasurer l* and has caused the coupons hereto attached to be authenticated
with the facsimile signature of the, County Treasurer, all as of the first day of
June, A. D. 1974.
and the manual or facsimile signature of the County Controller,
MINUTE BOOK
357
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
COUNTY OF WASHINGTON
By
Chairman of the Board of
County Commissioners
By
County Commissioner
(COUNTY SEAL) By
Attest: County Commissioner
By
Chief Clerk
Countersigned:
1-0
10
1
1
County Treasurer
County Controller
CERTIFICATE
This Bond is one of the Bonds, of the series designated therein, described
in the within -mentioned Bond Ordinance.
The Text of Opinion printed on the reverse hereof is the text of the opinion
of Messrs. John F. Bell, of Washington, Pennsylvania, Special Counsel for the
County Commissioners, and of Messrs. Litman, Litman Harris and Specter, P.A. ,
and Messrs. Kuhn, Engle, Blair and Stein, of Pittsburgh, Pennsylvania, Co -Bond
Counsel, an executed counterpart of which, dated the date of delivery of and pay-
ment for the series of Bonds of which this Bond is one, is on file at the Principal
Office of this Bank.
PITTSBUR.GH NATIONAL BANK, Sinking Fund
Depositary and Paying Agent
Rom
Authorized Officer
(FORM OF INTEREST COUPON FOR, DEFINITIVE SERIES OF 1974 BONDS)
No.
R
On , the County of Washington, Pennsylvania, will
(unless the Bond herein mentioned shall have been duly called for previous redemp-
tion and payment thereof duly provided for) pay to the bearer at Pittsburgh National
Bank, at its Principal Office, in Pittsburgh, Pennsylvania, or at the principal office
of any successor Paying Agent, upon surrender hereof, the amount shown hereon,
free of tax, in lawful money of the United States of America , being the interest
then payable on its General Obligation Bond, Series of 1974, No. I -
County Treasurer
BACK OF BOND
NO.
UNITED STATES OF AMER.ICA
COMMONWEALTH OF PENNSYLVANIA
i
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
COUNTY OF WASHINGTON
GENERAL OBLIGATION BOND
SERIES OF 1974
$5, 000
Principal Due June 1, 19
Interest Payable
June 1 and December 1
Principal and Interest Payable
at
Pittsburgh National Bank
Principal Office
Pittsburgh, Pennsylvania
REGISTRATION RECORD
Nothing shall be written below on this Bond except by the County Controller
as the Registrar.
DATE OF REGISTRY IN WHOSE NAME REGISTERED REGISTRAR
(TEXT OF OPINION OF MESSRS. JOHN F. BELL, OF WASHINGTON, PENNSYLVANIA,
SPECIAL COUNSEL FOR. THE COUNTY COMMISSIONERS, AND OF MESSRS. LITMAN
LITMAN HA.R,RIS AND SPECTER, P.A. , AND MESSRS. KUHN, ENGLE, BLAIR AND
STEIN, OF PITTSBURGH, PENNSYLVANIA, CO -BOND COUNSEL, ISSUED IN RESPECT
OF $5, 000, 000, PRINCIPAL AMOUNT, OF COUNTY OF WASHINGTON, GENERAL
OBLIGATION BONDS, SERIES OF 1974, DATED AS OF JUNE 1, 1974. )
SECTION 8. The County Commissioners and the Chief Clerk are hereby auth-
orized and directed to manually execute said Bonds on behalf of the County, and there
shall be affixed thereto a facsimile of the County's common and corporate seal, and
the said Bonds shall be countersigned by the manual and/or facsimile signatures of
the County Treasurer and the Cbunty Controller, and the coupons shall be authenticated
by the facsimile signature of the County Treasurer. The County Controller is hereby
authorized and directed to deliver said Bonds to the purchaser and receive payment
therefor on behalf of the County after sale of the Bonds in the manner required by law;
provided, however, that said Bonds shall not be sold for less than that stipulated in
the successful bond bid with accrued interest to the date of delivery and payment.
SECTION 9. There is hereby levied and assessed upon all persons and pro-
perty subject to taxation for County purposes on annual tax in each of the fiscal years
that any Bond of the Series of 1974 Bonds remain outstanding of so many mills as will
yield amounts sufficient for the payment from time to time of the interest covenanted
to be paid on said Bonds and the principal thereof at maturity, which taxes shall be
sufficient for and shall be applied exclusively to said debt service charges as the
same shall from time to time become due and payable. The collection of said tax
shall commence with the fiscal year 1975.
SECTION 10. The County of Washington covenants with the holders of each
of said Bonds, in compliance with Section 404 of the Local Government Unit Debt Act,
that it will budget, appropriate and duly and punctually pay said interest and principal
payments on said Bonds at the times and places and in the manner stated in said Bonds
according to the true intent of meaning thereof, and for such budgeting, appropriation
and payment, the County of Washington pledges its full faith, credit and taxing power.
This covenant shall be specifically enforceable.
SECTION 11. There is hereby established a sinking fund for the payment of
the Bonds hereby authorized, said fund to be known as Sinking Fund No. 1. All moneys
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK .ZONES, JR., EDWARD M. PALUSO, COMMISSIONERS
1
1
realized from the taxes hereby levied and other general tax revenue moneys other-
wise required shall be paid into the Sinking Fund hereby created as required, and
shall be applied exclusively to the payment of the principal of said Bonds at ma-
turity and interest and taxes thereon meanwhile, to which purpose they are hereby
irrevocably pledged. The County of Washington hereby covenants to make payments
out of said Sinking Fund at such times and in such annual amounts as are sufficient
for the payment of the interest and principal and state taxes (if any) on the Bonds as
they become due. It is hereby authorized and directed that such sum of money as
shall be necessary for the payment of the total interest due on the first installment
thereof on December 1, 1974, under the terms of all said Bonds shall be deposited
before November 1, 1974, in said Sinking Fund No. 1 from moneys in the General
Fund of the County and used for said payment of said interest. The moneys in said
Sinking Fund No. 1 may be invested at the direction of the County at any time, all
in accordance with applicable law.
SECTION 12. The Chairman and the members of the Board of County Commis-
sioners and the Chief Clerk and the County Controller are herewith authorized and
directed to contract with Pittsburgh National Bank for its services a's the Sinking
Fund Depositary and Paying Agent for the Bonds at such annual charges as shall
be reasonable for such services.
SECTION 13. The Board of County Commissioners herewith directs that the
necessary documentation be filed with the Pennsylvania Department of Community
Affairs so that the nonelectoral debt incurred hereunder maybe approved as the
nonelectoral debt of the County. It is therefore hereby declared that the net non -
electoral debt (not excluded) of the County to be incurred hereby shall be $5, 000, 000,
which, together with all presently existing net debt of the County will not be in excess
of the constitutional limitations as set forth in the Local Government Unit Debt Act.
The Board of County Commissioners is hereby authorized and directed to prepare,
verify and file the necessary "Debt Statement" required by Section 410 of the Local
Government Unit Debt Act, together with a "Debt Exclusion Certificate", if appro-
priate, and to submit the same, together with an "Application for Approval" of said
indebtedness and the necessary filing fee of $15.OD, -to the Pennsylvania Department
of Community Affairs, pursuant to and in conformity with the Local Government Unit
Debt Act, as promptly as practicable, and to do and perform all other acts proper
and necessary in connection therewith. Promptly upon receipt of the approvals from
the Pennsylvania Department of Community Affairs and completion of all necessary
filings with the Recorder of Deeds Office in Washington County, the Bonds in fully
executed form shall be delivered to the purchasers.
SECTION 14. All moneys derived from the sale of said Bonds are hereby
appropriated to the purposes herein stated and shall be deposited in a separate
account of the County designated the "1974 Bond Fund Account" and expended there-
from for the purposes herein appropriated, and shall not be used for any other pur-
poses.
SECTION 15. All ordinances or resolutions or parts of ordinances or resolu-
tions not in accord with this Ordinance are hereby repealed insofar as they conflict
herewith.
SECTION 16. This Ordinance as to the acceptance of the bond bid shall take
effect immediately and as to all other provisions shall take effect ten (1,0) days after
its final enactment.
ORDAINED AND ENACTED into law by the Board of County Commissioners of
Washington County this 16th day of May, 1974.
COUNTY SEAL)
Attest:
By / s / F. D. Whalen
Chief Clerk
COUNTY OF WASHINGTON
By / s / Michael R..Flynn
Chairman of the Board
of County Commissioners
� /s/ Frank Jones, Jr.
County Commissioner
By / s / Edward M. Paluso
County Commissioner
ON MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
r�
"EXHIBIT A"
COUNTY OF WASHINGTON
1974 BOND FUND ACCOUNT
COST ESTIMATES
1. Renovation of two large Court Rooms:
Electrical renovation - rewire and relamp
entire ceilings, new fixture on side walls
and rear wall of benches. $20, 000. 00 each $ 40, 000. 00
Clean, patch, repaint all ceilings, walls
and woodwork. $5, 000. 00 each $ 10, 000. 00
Relocation cost to remove Law Library from
Court Room to Tax Assessment Office $ 35, 000. 00
Other minor alteration work made necessary
by relocation of Law Library $ 15, 000. 00
TOTAL $100, 000. 00
Wallo ver & Mitchell, Inc.
Registered Architects
2. Records - Register of Wills and Prothonotary:
a) Microfilming existing records in the
Office of the Prothonotary $ 12, 400. 00
b) Microfilming existing records in the
Office of the Register of Wills $ 53, 400. 00
$ 65, 800. 00
Bid of C. Edwin Hultman Company
3. Records - Recorder of TwPr3c C)Ff;ra•
Final payment for microfilming of records $ 34, 200. 00
Contract with Hall & McChesney, Inc.
Accepted by Board of County Commissioners
September 21, 1972
4. Tax Reassessment:
Estimate of $10. 50 per parcel
for 93, 000 parcels $967, 500. 00
Gene P. Amanati, SRA.
Real Estate Appraiser and
Counselor
"EXHIBIT B"
COUNTY OF WASHINGTON
$5, 000, 000 - General Obligation Bonds, Series of 1974
Denominations - $5, 000
BID: At Par and Accrued Interest to Date of Delivery Less Discount of $125, 000. 00.
1
MINUTE BOOK
]BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES. JR , EDWARD M. PALUSO, COMMISSIONERS
1
F-�
NUMBER, AMOUNT
MATURITY SCHEDULE
INTEREST RATE
MATURITY
(JUNE 1)
I-1 -
I-19
$ 95,000
5.200
June 1,
1975
I-20 -
I-39
$100, 000
5.250
June 1,
1976
I-40 -
I-60
$105, 000
5.300
June 1,
1977
I-61 -
I-82
$110, 000
5.350
June 1,
1978
I-83 -
I-105
$115, 000
5.400,
June 1,
1979
I-106
- I-130
$125, 000
5.450
June 1,
1980
I-131
- I-156
$130, 000
5.500
June 1,
1981
I-157
- I-183
$135, 000
5.550
June 1,
1982
I-184
- I-212
$145, 000
5.650
June 1,
1983
I-213
- I-243
$155, 000
5.750
June 1,
1984
I-244
- I-275
$160, 000
5.850
June 1,
1985
I-276
- I-309
$170, 000
5.900
June 1,
1986
I-310
- I-345
$180, 000
5.900
June 1,
1987
I-346
- I-383
$190, 000
6.000
June 1,
1988
I-384
- I-424
$205, 000
6.000
June 1,
1989
I-425
- I-467
$215, 000
6.000
June 1,
1990
I-468
- I-1, 000
$2, 665, 000
6.500 -
June 1,
1999
Average Annual Debt Service - $400, 914. 10
REDEMPTION FEATURES
The Series of 1974 Bonds maturing after June 1, 1984, numbered I-244 -
I-1, 000 are redeemable for other than Mandatory Sinking Fund purposes at the
option of the County, at 100% of their principal amount (par) plus accrued interest,
in the inverse order of their maturities, by lot within a maturity, on not less than
thirty days' notice, as a whole at any time or in part on any interest payment date,
on or after June 1, 1984.
MANDATORY REDEMPTION SCHEDULE
The Series of 1974 Bonds maturing on June 1, 1,999, are subject to mandatory
redemption in part,.,by lot, at 100% plus accrued interest, upon at least thirty day8,'j
published notice oniJune 1 in certain years beginning 1991 as set forth in the following
schedule.
YEAR AMOUNT
1991 $225, 000
1992 $240, 000
1993 $260, GOO
1994 $275, 000
1995 $295, 000
1996 $310, 000
1997 $330, 000
1998 $355, 000
DEBT STATEMENT
In the Matter of the Proposed Increase of Indebtedness
in Accordance with the Provisions of the
Local Government Unit Debt Act
To 1
THE DEPARTMENT OF COMMUNITY AFFAIRS
HARRISBURG, PENM YLVANIA.
COUNTY OF WASHINGTON
Commonwealth of Pennsylvania
Proposed Increase in the Sum of
$5, 000, 000. 00
as Nonelectoral Debt (Not Excluded)
Ll`I
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES. JR., EDWARD M. PALUSO. COMMISSIONERS
The undersigned duly authorized officers of the County of Washington, Penn-
sylvania, a County of the Fourth Class, being duly sworn according to law, depose
and say that for the County of Washington:
(1) The gross nonelectoral indebtedness is $1, 360, 000.-00*, and the gross
lease rental indebtedness is $0. 00, both as set forth in the "Debt Statement Compu-
tation" attached hereto and made a part hereof as "Exhibit A.,"
(2) The total claimed credits and exclusions from such gross nonelectoral
indebtedness is $0. 00, and the total claimed credits and exlusions from such gross
lease rental indebtedness is $0. 00, both as itemized and set forth also in the "Debt
Statement Computation" attached hereto and made a part hereof as "Exhibit A. "
(3) The remaining net nonelectoral debt available is $17, 936, 614.40 and the
remaining net nonelectoral and lease rental debt available is $21, 152, 716. 80 as •cal-
culated and set forth also in the "Debt Statement Computation" attached hereto and
made a part hereof as "Exhibit A" and as supported by the "Borrowing Base Certifi-
cate" that is also attached hereto and made a part hereof as "Exhibit B. "
(4) The aggregate principal amount of the General Obligation Bonds, Series
of 1974, to be issued by the County of Washington is $5, 000, 000. 00.
(5) The amount of the aforementioned General Obligation Bonds, Series of
1974, of the County of Washington which will constitute new nonelectoral debt (not
excluded) is $5, 000, 000. 00.
(6) Therefore, after the issuance of the aforementioned General Obligation
Bonds, Series of 1974, by the County of Washington, there shall be outstanding net
nonelectoral debt of $5, 000, 000. 00 and net nonelectoral and net -lease rental debt
of $5, 000, 000. 00.
(7) The Borrowing Base is $6, 432, 204. 80, as calculated and set forth in the
"Borrowing Base Certificate" attached hereto and made a part hereof as "Exhibit B. "
'"This obligation is being refunded from the proceeds of this issue of $5, 000, 000. 00
General Obligation Bonds, Series of 1974.
(8) The nonelectoral debt limit is $19, 296, 614. 40 and the nonelectoral plus
lease rental debt limit is $22, 512, 716. 80, both as calculated and set forth in the
"Debt Statement Computation" attached hereto and made a part hereof as "Exhibit A. "
IN WITNESS WHEREOF, we, Michael R. Flynn, Chairman, and Frank Jones,
Jr. and Edward M. Paluso, Members of the Board of County Commissioners, and
F. D. Whalen, Chief Clerk, of the County of Washington, Pennsylvania, have hereunto
set our hands and affixed the seal of the County of Washington this 16th day of May, 1974.
(COUNTY SEAL)
Attest:
/s/ F. D. Whalen
Chief Clerk
Sworn to as being true and correct
as they verily believe and subscribed
before me, a Notary Public, this
16th day of May, 1974.
/s/ Helen Rizak
Notary Public
(N. P. SEAL)
My Commission Expires:
COUNTY OF WASHINGTON
By /s/ Michael R. Flynn
Chairman, Board of County
Commissioners
By /s/ Frank Jones, Jr.
County Commissioner
By /s/ E`ftard M. Paluso
County Commissioner
E
MINUTE BOOK
E30ARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
C
L -- -
EXHIBIT A
COUNTY OF WASHINGTON
COMMONWEALTH OF PENNSYLVANIA
DEBT STATEMENT COMPUTATION
FOR (a) EXISTING NET NONELECTORAL DEBT
AND (b) NET NONELECTORAL PLUS NET LEASE RENTAL DEBT
PURSUANT TO SECTION 208 OF THE
LOCAL GOVERNMENT UNIT DEBT ACT
A. Gross principal amount of all incurred debt:
1. General Obligation Bond Issues:
Amount Outstanding
a. Electoral
$ 0.00
b. Nonelectoral (not
including ,Tax Antici-
pation Notes)
$ 0.00
2. Authority (Agreement of
Lease or Service Agreement
or Purchase Agreement:
$ 0.00
3. Capital Improvement Loans:
Series 1972 Capital Reseve
Fund Loan=41
$ 1, 360, 000. 00
Total gross principal
amount of all incurred
debt
$ 1, 360, 000. 00
Less: (a) gross incurred
electoral debt
$ 0.00
(b) gross incurred
lease rental debt
$ 0.00
GROSS NONELECTORAL DEBT
Ji
This Obligation is being refunded from the proceeds of
this_ issue of $5, 000, 000. 00 General Obligation Bonds,
Series of 1974.
Nonelectoral
B. Gross debt
$1, 360, 000. 00
Less: (1) All funds in sinking funds
and net bond proceeds
$ 0.00
(2) Current appropriations
for payment of principal and
interest and rental
$ 0.00
- (3) Uncollected amounts of
assessments to extent
applicable to debt
$ 0.00
(4) Delinquent taxes and
other municipal liens §
$ 0.00
(5) Self liquidating and
subsidized debt -
$ 0. 00
(6) Surplus cash not
specifically appropriated
$ 0.00
(7) Other solvent debts §
$ 0.00
(8) Indemnifying insurance
coverage in connection with
debt
$ 0.00
Total deductions
$ 0.00
$ 0.00
IN
$ 1, 360, 000. 00
Lease Rental
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
0.00
$ 0.00
% MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO. COMMISSIONERS
Gross debt less credits $1, 360, 000. 00 $ 0.00
Add: Current year's interest° $ 0.00 $ 0.00
Net debt $1, 360, 000. 00 $ 0.00
NET NONELECTORAL AND LEASE RENTAL DEBT. . . . . . . . . . . . $1, 360, 000. 00
§ To be applied first to nonelectoral debt, any excess to lease rental' debt.
Current year's interest is being paid from the General Fund.
NET NONELECTORAL DEBT
Net Nonelectoral Debt Limitation:
$6, 432, 204. 80
Borrowing Base x 30016 _ $19, 296, 614. 40
Less Existing Net Nonelectoral Debt $ 1, 360, 004. 00
REMAINING NET NONELECTORAL ri
DEBT AVAILABLE: $17, 936, 614. 40
NET NONELECTORAL DEBT PLUS
NET LEASE RENTAL DEBT,
Net Nonelectoral Debt Plus Net Lease Rental Debt Limitation:
$6, 432, 204. 80
"Borrowing Base x 350% _ $22, 512, 716. 80
Less Existing Net Nonelectoral and
Lease Rental Debt $ 1, 360, 000. 00
REMAINING NET NONELECTORAL
AND LEASE RENTAL DEBT
AVAILABLE: $21, 152, 716. 80
(Further discussion was held)
Moved by Mr. Jones, seconded by Mr. Paluso, that the foregoing ordinance be adopted.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Mr. Lynch recommended that the check for $100, 000 be deposited in the General
Fund and immediately invested in a Certificate of Deposit for a period of 30 days. It was also
recommended that the Board notify Moody's Investor, Service each time the bonds are retired.
Chairman stated that in compliance with the ordinance just adopted establishing
Sinking Account No, 1, the Chair entertains a motion that they do comply with the ordinance
to provide a Sinking Fund Commission and according to statute comprised of the County
Commissioners, County Treasurer, and, -County Controller.
Moved by Mr. Paluso, seconded by Mr. Jones, that said Sinking Fund Comm-
ission be established as per above, as of this date.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
MINUTE B O O K 5
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
1
C
1
Motion carried unanimously.
Mr. Flynn noted that the Pittsburgh National Bank is the Sinking Fund Deposita
and paying agent.
Moved by Mr. Jones, seconded by Mr. Paluso, that Pittsburgh National Bank
be designated Depositary for the 1974 Bond Fund Account.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn = Yes.
Motion carried unanimously.
Moved by Mr. Jones, seconded by Mr. Paluso, that the check for $100, 000 be
deposited in the General Fund and immediately invested in a Certificate of Deposit for a
period of 30 days. Roll call taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Correspondence:
Chief Clerk informed the Board of the following checks from the Commonwealth
of Pennsylvania:
(Bills)
1. Washington County Senior
Citizens Center
Amount: $8, 370. 14
2. Washington County Industrial
Development Agency
Amount: $46, 940. 00
Moved by Mr. Jones, seconded by Mr. Paluso, that the following bills be
authorized for payment:
1. Wallover & Mitchell - for architectural
services--$31, 500.00
2, McAnallen Brothers, Inc. - Re: Harmon
Creek--$144. 00,
3. William C. Porter - Re: Mingo Creek
Park--$89. 88
4, Washington County Agricultural Extension
Services --(Budgetary item) $5, 000.00
5. R. C. A. - for communication equipment
$571. 88
6. Carl G. Baker, Architect - for architectural
services -for County Homes--$411. 93
7, Cole -Layer -Trumble - for data processing
services per addendum contract--$3, 500. 00
8. Commonwealth of Pennsylvania - Food
Stamp Program--$15, 955. 40
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Chief Clerk informed the Board that he has received the required Planned Use
Report for General Revenue Sharing Funds, for the entitlement period of July 1, 1974 to
June 30, 1975, for $1, 284, 385 to be paid to the County during that period. The use has been
established previously, and the report will be filed, with the funds dedicated to the new county
home facility.
Chief Clerk then read letter dated May 8, 1974, from the Service Employees
International Union, Local 585, informing the Board of the election of John Somales as chief
steward.
Chief Clerk next read letter under date of May 10, 1974, addressed to Com -
missioner Flynn, from the Washington County Board of Assistance, thanking the Board of
Commissioners for permitting the auditors to use the meeting room.
Chief Clerk then informed the Board of a letter in connection with the Manpower
Program. Chief Clerk stated that the County Controller has arranged through the Manpower
office for the Controller's office to take over the accounting practices for this department, and
the necessary procedures be established for checks and payments through the Controller's
office.
Moved by Mr. Jones, seconded by Mr. Paluso, authorizing the establishment of
a Manpower Planning Program Account.
Roll call vote taken:
Mr, Jones - Yes; Mr, Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chief Clerk then read part of the Pennsylvania Bulletin relative to the Railroad
Reorganization Act which stated that the Pennsylvania Department of Transportation is now
conducting their own hearings in connection with this, and they list Washington County: Penn
Central line from Burgettstown southeast to .Cherry Valley, Burgettstown south to Atlasburg,
Burgettstown southwest to Studa. A public hearing will be held Tuesday, May 28, 1974, at
9:30 a, m. Council Chambers, City Building, 230 North Jefferson Street, New Castle, Pa. ,
when and where all persons in interest may appear and be heard. Chairman requested that
Mr. Keery McAmbley be notified to represent Washington County at the hearing.
Chief Clerk then read letter dated May 8, 1974, from William P. Sember,
Executive Director of the Washington County Planning Commission, which enclosed a proposed
letter to Colonel N. G. Delbridge of the Corps of Engineers, regarding the Local Flood
Protdction Project - Marianna and vicinity - Washington County, Pa. Said letter requested
Mr. Delbridge's agency to complete the necessary studies to determine whether or not the
proposal recommended by the Pennsylvania Fish Commission is feasible.
Moved by Mr. Jones, seconded by Mr. Paluso, that the Board approve the propos d
correspondence to Colonel Delbridge as per above.
MINUTE Bo❑K
367
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
1
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously,
Chief Clerk read letter dated May 7, 1974, from Katherine Zollars, Secretary of
the Burgettstown Community Library, requesting contributions toward the expansion of their
library.
Moved by Mr. Jones, seconded by Mr. Paluso, that the Board approve a contrib-
ution for $500 to the Burgettstown Community Library.
Roll call vote taken;
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chief Clerk then read letter dated May 7, 1974, from William P. Sember, Director
of the Washington County Planning Commission, in regards to the Ferry Commission. Mr.
Sember stated that during the last few weeks, he has held numerous telephone conversations
with the Capital Assistance Department of the Urban Mass Transit Administration to determine
whether or not the proposed Ferry Service across the Monongahela River would be eligible for
federal capital assistance, Mr. Sember stated that after reviewing the situation, UMTA has
informed him that financing cannot be obtained since the proposed ferry system would not
essentially be a "people carrier," but a "vehicle carrier." Mr. Sember also stated that he
will investigate the matter further, if the Board of Commissioners so desire,
Chief Clerk then read letter from Engelhardt -Power and Associates, Inc. , dated
May 9, 1974, regarding survey work for the Extended Care Facility at Arden, which stated
that the Architects of Wallover & Mitchell have requested the following services:
1. All utility locations (off -site and on -site) and elevations of
sanitary manholes and inverts,
2. Monuments and base lines located and staked out in the field,
3. Establishment of a bench mark,
4. Indication of 5 foot contour intervals in the area indicated,
5. The indication of all right-of-way through the site;•and
6. Provision of a drawing at a scale of 1" = 501.
Said letter stated that Engelhardt - Power and Associates, Inc, would provide the
above services for an amount not -to -exceed $1, 600. 00 without prior authorization in acc
with the following fee schedule on the basis of direct time and materials involved:
3 man survey crew @ $30. 00 /hr. (estimated time - 24 hrs. )
Office work ° ° ° @ $13. 00/hr. (estimated time - 60 hrs. )
s
All direct costs will be at cost + 1016 such as reproduction, and monuments for
the two that will need replacing.
Moved by Mr. Jones, seconded by Mr. Paluso, that the Board employ Engelhardt-
Power and Associates to provide these services as per above.
Roll call vote taken:
Mr, Jones - Yes; Mr. Paluso - Yes; Mr, Flynn - Yes.
Motion carried unanimously,
+►
rk iI
MINUTE B❑❑K
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Chief Clerk next read letter dated May 6, 1974, from the Comprehensive Health
Planning Association of Western Pennsylvania announcing to the County that they are in the
process of a fund drive encompassing not only the County, but all of the industries in the
County. Lists of amounts requested from each industry in the County were attached.
Chief Clerk thenread letter from him directed to Auditor General Robert P. Casey
dated May 14, 1974, as follows:
Dear Mr. Casey:
This will acknowledge our receipt of your letter dated May 10, 1974, by which you
transmitted our copy of your audit of Washington County Liquid Fuels Tax Fund
for 1973.
We are indeed pleased to note there were no exceptions relative to the adminis-
tration of this Fund by the Board of County Commissioners.
We do, however, believe it incumbent upon us to reply to the comments made by
your audit team.
(a) Section 1705, 16 P.S. 1705.
Several years ago, the Controller was fully engaged in bookkeeping for the Liquid
Fuels Account; and your Department permitted and allowed partial salary payments
from the Liquid Fuels Account to the Controller's personnel. Such partial salary
payments were subsequently disallowed by your Department, and it was at this
time the Commissioners-' Liquid Fuels Office assumed full bookkeeping duties and
responsibilities. It vwould follow that this is basically your own procedure when we
refer to the Penn DOT Manual, Page Two (2), Paragraph Four (4), which requires
the County Commissioners, not the Controller, to submit an annual report. If
your Department requires and insists upon the Controller's Office doing this work,
then it is only fair that proportionate salary payments for his employees be ap-
proved from the Liquid Fuels Account.
(b) Section 1750, 16 P.S. 1750.
Your auditors' comment, "Our audit disclosed that the County Controller did not
scrutinize, audit and decide on all bids, claims and demands whatsoever against
the County, " is absolutely false. Every payment made for this account was sub-
mitted to the Controller for approval, and vouchers were prepared by the Controller
alone and duly submitted to this office for payment approval and then to the County
Treasurer for fund certification. We respectfully challenge your auditors on this
statement.
(c) Section 1751, P.S. 1751.
The exception noted here deals with strictly elementary accounting procedures.
We use a debit and credit system with all of our depositories in connection with
investments. To have the Bank draw checks to be transmitted to the County for
matured investments and earned interest and then draw a County voucher/check
to purchase a new investment can at least be a three (3) to five (5) day delay and
loss of interest for these days. At current rates, this represents a sizable
amount of money. Since the debit and credit system furnishes the same posting
documentation as voucher/checks and deposit slips, and since both the Controller
and Treasurer receive copies, it certainly appears foolish to sustain a loss of
interest earnings over such a technical matter. Please bear in mind that our
depositories recommend this procedure, and =-ane of our C. P.A. consultants
endorses the system as an acceptable accounting practice.
It is also important to note t t this time that your auditors did not favor this Board
with a post -audit conference as has been their custom in the past.
We will appreciate your comments on the foregoing at an early convenience.
The above letter was in reply to the following letter from Auditor General
Robert P. Casey, dated May 10, 1974.
1
1
MINUTE BOOK
i
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
_ MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
C
1
Dear Mr, Flynn:
Transmitted herewith for your information is a copy of the audit report of the
Liquid Fuels Tax Fund administered by the Board of County Commissioners
of Washington County, for the period January 1, 1973 to December 31, 1973.
In line with the policy of this office under which all official audit reports are
considered to be public information, a duplicate copy will be released to the
appropriate news media in the near future.
If there are any questions you have, or comments you desire to make concerning
this report, please do not hesitate to contact this office.
Chief Clerk read letter dated May 15, 1974, addressed to Mr. Flynn, from the
Pennsylvania Economy League. Said letter stated that they agreed to undertake an in-depth
study of the accounting and record keeping system in the County Controller's office.
Although no firm completion date for the study has been set, the League has agreed to under-
take the study immediately.
Chief Clerk read letter dated May 15, 1974, from William L. Carl, of the Washingtt
Greene County Addictive Disease Program, addressed to Mr. Flynn, stating that they would
like to recommend Mr. Metro Petrosky, Jr., to fill a vacancy on the Planning Council of
"OPTIONAL" for a term of one year.
Moved by Mr. Jones, seconded by Mr. Paluso, that Metro Petrosky, Jr., be
appointed to the Planning Council as per above.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chief Clerk then read telegram dated May 15, 1974, from Congressman Morgan
announcing that the Office of Child Development (Department of HEW) has approved a $69, 145
grant to the California State College.
Chief Clerk also read telegram dated May 15, 1974, from Congressman Morgan
announcing that the "Old Main" located in California in Washington County, has been entered
in the "National Register of Historic Places", as authorized by the "National Historic Pres-
ervation Act of 1966. 11
Chief Clerk then stated for the information of anyone concerned, there are 5, 000-
6, 000 copies of the Home Rule brochures available.
Assistant County Solicitor Gilmore _presented the following forty (40) Tax Refunds
to the Board for their consideration and approval.
Moved by Mr. Paluso, seconded by Mr. Jones, that the Tax Assessment Office be
authorized Jo prepare the following tax refunds due to either duplication or overpayment or
real estate taxes:
1. Alex E. Paris
R. D. # 2
Atlasburg, Pa. 15004
District: Cross Creek Township --Deed Book Reference:
District Number: 210--Section Number: 7--Parcel Number: 02-10-03-01-0002
Amount: $49.10 0003
370
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES. JR., EDWARD M. PALUSO, COMMISSIONERS
2. Armando & Elma Rupani
R. D. # 1
Bulger, Pa. 15019
District: Cross Creek Township --Deed Book Reference: not given
District Number: 210--Section Number: 001--Parcel Number: 0003
Amount: $2, 17
3. Amelia Weinch
R. D. # 3
Avella, Pa. 15312
District: Cross Creek Township --Deed Book Reference: not given
District Number: 210--Section Number: 011--Parcel Number: 05
Amount: $1.89
4. Lawrence J. Lestini
Avella, Pa. 15312
District: Cross Creek Township --Deed Book Reference: not given
District Number: 210--Section Number: 11--Parcel Number: 3
Amount: $2.61
5. Denny Lane Lucas
Cross Creek, Pa. 15021
District: Cross Creek Township --Deed Book Reference: not given
District Number: 210--Section Number: 3--Parcel Number: 6
Amount: $14.98
6. John C. Holmes
801 Clearview Avenue
Pittsburgh, Pa, 15205
District: Cross Creek Township —Deed Book Reference: not given
District Number: 210--Section Number: 14--Parcel Number: 22
Amount: $1.26
7. Anna Hart
R. D. # 3
Avella, Pa. 15301
District: Cross Creek Township --Deed Book Reference: not given
District Number: 210--Section Number: 11--Parcel Number: 05
Amount: $1.63
8. Mrs. Anna Buchko
Box 87
A tla sburg, Pa. 15004
District: Cross Creek Township --Deed Book Reference: not given
District Number: 210--Section Number: 5--Parcel Number: 7
Amount: $16.33
9. John Adams
R. D. # 2
Avella, Pa. 15312
District: Cross Creek Township
District Number: 210--Section Number:
Amount: $3.53
10. Alice V. Miller
142 Demar Blvd.
Canonsburg, Pa. 15317
District: North Strabane
District Number: 520--Section Number
Amount: $39.53
01-02-0004
007--Parcel Number: 01-02-0002
13--Parcel Number: 7
11. Stanley J. & Mary Dominski
R. D. # 2
Eighty Four, Pa. 15330
District: North Bethlehem Township
District Number: 490--Section Number 14--Parcel Number: 01-04
Amount: $7.85
12. The Lomas & Nettleton Company for Walter L. Hoffman
201 Main Street
Houston, Texas 77001
District: Carroll Township
1
1
District Number: 130--Section Number: 6--Parcel Number: 448
Amount: $72.90
V11WUTE BoOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
- MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
C
13. The Lomas & Nettleton Company for M. P. Godish
201 Main Street
Houston, Texas 77001
District: Canonsburg 1st Ward Annex
District Number: 095--Section Number: 15--Parcel Number: 267
Amount: $38.47
14. Josie M. Elliott % Harold Elliott
705 Summerlea Avenue
Washington, Pa, 15301
District: South Strabane --Deed Book Reference: 946-406 946-268
District Number: 60--Section Number: 4--Parcel Number: 342
Amount: $66.01
15. Hermena Miller
R. D. # 1
Hickory, Pa. 15340
District: Cross Creek Township --Deed Book Reference: 0602-0340
District Number: 21--Section Number: 13--Parcel Number: 17
Amount: $3.25
16. Robert G. , Jr, & Mary Beth Kerr
Box 503
Midway, Pa. 15230
District: Midway --Deed Book Reference: 1287-0554
District Number: 55 (41)--Section Number: 3--Parcel Number: 99
Amount: $9.66
17. Angelo & Florence Giacomel et al
R. D. # 2
Burgettstown, Pa. 15021
District: Cross Creek Township --Deed Book Reference: 0801-0452
District Number-: 21--Section Number: 1--Parcel Number: 19
Amount; $4.33
18. Sabina (deceased) & Florence Giacomel
R. D. # 2
Burgettstown, Pa. 15021
District: Cross Creek Township --Deed Book Reference: 6440-0359
District Number: 21--Section Number: 1--Parcel Number: 18
Amount: $19.31
19. Bertha C. Fryer
R. D. # 1
Newtown, Pa. 18940
District: Cross Creek Township --Deed Book Reference: 0700-0353
District Number: 21--Section Number: 1--Parcel Number: 25
Amount: $1.08
20. Frank Brown, paid by Bridgeville Savings & Loan
508 Washington Avenue
Bridgeville, Pa. 15017
District: McDonald (Annex)
District Number: 475--Section Number: 001--Parcel Number: 0017
Amount: $59.68
21. Western Pennsylvania National Bank
22 East Pike Street
Houston, Pa, 15342
District: Houston --Deed Book Reference: 1414-0098
District Number: 36--Section Number: 7--Parcel Number: 10
Amount: $16.25
22. Louis G. Fava, Ella & James Fred
R. D. # 1
Bentleyville, Pa. 15314
District: North Bethlehem --Deed Book Reference: 0867-0130
District Number: 49--Section Number: 15- -Parcel, Number,: 19A, 19B &
Amount: $88.27 1 - .
3'72
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES. JR., EDWARD M. PALUSO. COMMISSIONERS
23. Lee & Ida Cecchini
Avella, Pa. 15312
District: Cross Creek Township
District Number: 210--Section Number: 011--Parcel Number: 03-01
Amount: $2.17
24. Forest Cline
Box 355
Avella, Pa. 15312
District: Cross Creek Township
District Number: 21--Section Number: 6--Parcel Number: 209
21 6 210
Amount: $3.70
25. George R. Sr. & Mary Cline
R. D. # 2
Avella, Pa. 15312
District: Cross Creek Township --Deed Book Reference: 0915-0005
District Number: 21--Section Number: 5--Parcel Number: 36
Amount: $.90
26. Artesa & Raymond J. Donelli
Box 443
Avella, Pa. 15312
District: Cross Creek Township --Deed Book Reference: 0812-0208
District Number: 21--Section Number: 6--Parcel Number: 131
Amount: $1.90
27. Thomas Dubich, Jr,
Box 174
Langeloth, Pa. 15054
District: Cross Creek Township --Deed Book Reference: 1354-0197
District Number: 21--Section Number: 15--Parcel Number: 3-1
Amount: $15.61
28. Donald G. Ferguson
Hidden Valley Road
Canonsburg, Pa. 15317
District: Cross Creek Township --Deed Book Reference: 1081-0198
District Number: 21--Section Number: 15--Parcel Number: 6-2
Amount: $12.01
29. John & Wanda Hucik
R. D. # 2
Burgettstown, Pa. 15021
District: Cross Creek Township
District Number: 210--Section Number: 001-01--Parcel Number: 0004
Amount: $5.41
30. John Jurnick, Jr.
Box 126
Avella, Pa. 15312
District: Cross Creek Township
District Number: 210--Section Number: 011--Parcel Number: 05
Amount: $1.08
31. Edith S. Knish, et al.
Box 222
Avella, Pa. 15312
District: Cross Creek Township --Deed Book Reference: 1275-0129
District Number: 21--Section Number: 6--Parcel Number: 83
21 6 54
Amount: $2, 16
32. John & Mary Chizmar
Box 256
Rea, Pa. 15356
District: Cross Creek Township --Deed Book- Reference: 0700-0358
District Number: 21--Section Number: 13--Parcel Number: 1-2
Amount: $3.24
1
�l
MINUTE BOOK
373
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK .ZONES, JR., EDWARD M. PALUSO, COMMISSIONERS
J
1
1
33, Dorothy McCartney
756 Fayette Street
Washington, Pa. 15301
District: Cross Creek Township
District Number: 210--Section Number: 014--Parcel Number; 0014
Amount: $1.45
34. Joseph Jr. & Nellie Noga
R. D. # 2
Avella. Pa. 15312
District: Cross Creek Township
District Number: 210--Section Number: 7--Parcel Number: 9
Amount: $3.34
35. Anna & Dorothy Lusakow
R. D. # 2
Avella, Pa, 15312
District: Cross Creek Township --Deed Book Reference: 1119-0465
District Number: 21--Section Number: 5--Parcel Number: 109
Amount: $3.98
36. Thomas & Ida Raineri (Former owner)
Box 384
Avella, Pa. 15312
District: Cross Creek Township
District Number: 210--Section Number:
210
Amount: $2.34
37. Joseph Smutny
R. D. # 2
Burgettstown, Pa. 15021
District: Cross Creek Township
District Number: 210--Section Number:
Amount: $2.17
Norman E. Williams, Sr. (Present
owner)
38. Anthony & Georgetta Steiminger
R. D. # 2
Burgettstown, Pa. 15021
District: Cross Creek Township
District Number: 210--Section Number:
Amount: $10.47
011--Parcel Number: 04-01
Oil _ 04-02
004--Parcel Number: 0005
003--Parcel Number: 0007-00
39. Raccoon Vly Sportsman Assn. John Chizmar
Rea, Pa. 15356
District: Cross Creek --Deed Book Reference: 1053-0392 1141-0474
District Number: 21--Section Number: 14--Parcel Number: 11
Amount: $8.94
40. Albert L. & Agnes T. Fowler
R. D. # 2
Avella, Pa. 15312
District: Cross Creek Township --Deed Book Reference: 1247-0974
District Number: 21--Section Number: 11--Parcel Number: 8
Amount: $4.33
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Assistant County Solicitor Gilmore informed the Board of a proposed agreement
between Columbia Gas of Pennsylvania, Inc. , and the County of Washington, in connection
with the re -location of facilities due to the construction of the Jefferson Avenue Bridge,
Moved by Mr. Paluso, seconded by Mr. Jones, that the agreement between
Columbia Gas of Pennsylvania and the County of Washington be executed.
Roll call vote taken:
374
MINUTE B❑❑K
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Mr. Gilmore stated that the Southwestern Pennsylvania Easter Seal Society for
Crippled Children and Adults, Inc., are applying for Day Care Funding for January, 1974
through June, 1974.
approved.
Moved by Mr. Paluso, seconded by Mr. Jones, that the grant as per above be
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
County Solicitor Gilmore then informed the Board of a corrective deed from
Washington County to Barto Post #6553, Veterans of Foreign Wars of Slovan, Pa. Also enclose
with the corrective deed was an attested copy of Supplementary Decree of Court authorizing the
corrective deed.
Moved by Mr. Jones, seconded by Mr. Paluso, that the corrective deed be
executed upon recommendation of County Solicitor Gilmore.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Assistant County Solicitor Gilmore -resented .to the Board the following resolutio
for their consideration and approval:
WHEREAS, certain financial institutions have offered to the County
of Washington the opportunity to invest in repurchase agreements and
WHEREAS, the County Commissioners deem it in the best
interests of the County to enter said agreements.
NOW THEREFORE BE IT RESOLVED that they, the County of
Washington, be and hereby is authorized to enter repurchase agreements
with any bank or county depository approved by the County Commissioners,
and that the County Controller and Chief Clerk are designated as the
authorized officers, to place said orders on a debit and credit operation.
Moved by Mr. Paluso, seconded by Mr. Jones, that the above resolution be
adopted upon recommendation of Solicitor Gilmore.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Controller Mascara then stated that he was in agreement with the debit and
credit system.
Assistant Solicitor Gilmore' then referred to a letter from the Department of
Environmental Resources stating that KES Enterprises, Inc. , has made application for a
MINUTE BOOK 375
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PEN NSYLVANIA_
MICHAEL R. FLYNN, FRANK JONES. JR., EDWARD M. PALUSO, COMMISSIONERS -
L'
n
surface mine drainage permit from the Division of Mine Reclamation of the Department of
Environmental Resources pursuant to The Clean Streams Law, 35 P. S. #691, et seq. , to
operate a mine in North Bethlehem Township, Washington County. Said letter further stated
that a fact-finding conference will be held on June 5, 1974, at 9:00, in Harrisburg, before
J.W. Miller, as presiding officer. Notice of objection must be received no later than 15 days
from the receipt of said letter. Assistant Solicitor Gilmore then stated that the people of the
Pigeon Creek Area, who' will be directly affected by this operation are opposing the mining
operation and request the assistance of the Washington County Commissioners.
Chairman suggested that Mr. Gilmore contact the party that contacted him in
order that this may be put in formal writing for the next meeting, so that the Board may go on
record.
Chairman theft stated that Tuesday, May 21, 1974, being Election Day and, as
requested by statute, the Commissioners must be available from the time the polls open until
they close, and after. Chairman thenstated the schedule for the Commissioners as follows:
7 a, m.
- 1 p, m.
Mr.
Flynn
1 p.m.
- 7 p, m.
Mr.
Jones
7 p.m.
- 1 a., m.
Mr.
Paluso
Meeting adjourned.
THE FOREGOING MINUTE READ AND APPROVED:
AT
May 16 , 1974