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HomeMy WebLinkAboutCOMM - Meeting Minutes - 148 - 12-26-1974 - COMMISSIONERMINUTE BOOK 4�7 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS u 1 1 Minute No. 148 Office of the County Commissioners Washington, Pa., December 26, 1974 The Board of County Commissioners met in regular session with the following members being present: Commissioners Jones, Paluso and Flynn. Also being present: Chief Clerk and County Administrator Whalen; Administrative Assistants Crouse and Fetcko; Solicitor Bigi; Assistant Solicitor Gilmore; Controller Mascara; Treasurer Morgan; Gene Amanati, Realtor; Gordon Small, Gordon Office Equipment, Inc.; Joe Judish; Grant Leigh,, Brownsville Telegraph; Earl Bugaile, WKEG; Dave Budinger, The Observer - Reporter; Jerry Kolanic, , WWVA; and Mrs. Miller of The League of Women Voters. Meeting called to order by Chairman and roll call taken: Mr. Jones - Present; Mr. Paluso - Present; Mr. Flynn - Present. Chairman stated that approval of Minute No. 146 will be held in abeyance until each member has received a copy fair his persual. Correspondence: Chief Clerk informed the Board of the receipt of the following checks: 1. Commonwealth of Pa. - Adult Probation Grant -in -Aid ck. #51-250882 - $13.336. 00 2'r Commonwealth of Pa. - for conducting Land Development Conference on Oct. 4, 1974 - ck. #52-749601 - $500. 00 3. Commonwealth of Pa. - Mingo Creek County Park Acquisition Project - 500MProject #3-4-62-00-A-S-2;'- ck. #44-746336 $47, 436. 00 4. Commonwealth of Pa. - State Council of Civil Defense Personnel & Administrative Reimbursement - ck. #21-413425 4'1 QQ7 Q1 (Bills) Moved by Mr. Jones, seconded by Mr. Paluso, authorizing payment of the following bill: 1. Frank Irey, Jr. , Inc. - Mingo Creek County Park - $23, 655. 73 Phase III - Contract #3 R emarks: Mr. Jones asked if this was the final payment. Mr. Whalen replied that this was the final payment for our end of the contract, but that there was another one which we are checking on. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chief Clerk informed the Board of a Change Order recommended by Michael Baker, Jr. regarding the New Jefferson Avenue Bridge Contract No. 1. Mr. Whalen stated that the payment for this Work Item shall be a lump sum of $500. 00 as submitted by GAL Construction, Inc. MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Moved by Mr. Jones, seconded by Mr. Paluso, that the Board authorize Change Order No. 3 submitted by GAL Construction, Inc, as per above. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes., Motion carried unanimously. Chief Clerk read a letter dated December 17, 1974 from William J. Cammarata, Regional Director of Youth Services, Department of Public Welfare, regarding the scheduled meeting in reference to the Washington County Detention Home. Said letter was written to confirm the meeting which will be held on December 30, 1974 at 1:00 p, m. and those in attendance would include the Washington County Commissioners, Western Region - Department of Public Welfare Youth Services staff and necessary clerical personnel. Chief Clerk read a letter dated December 17, 1974 from the McDonald Free Library Association requesting that the Commissioners consider their need for funds for the library. Chief Clerk read a letter dated December 17, 1974 from Edward J. Woods, County Agricultural Agent, Cooperative Extension Service, directed to Mr. Charles Bohner of Washington County Civil Defense. Said letter was in reference to Commissioner Jones request for a survey of agricultural damages and losses due to the storm during the week of December 1, 1974. Letter listed the losses determined from a personal and mail survey. Mr. Woods stated in his letter that there were also losses which included damages to water pump, buildings, electric motors, farm animals, etc. , but that there was no way of estimat the damage. Remarks: Mr. Jones stated that he had been requested by the Department of Agriculture to make a survey of the damage caused by the storm. Mr. Jones also stated that the Small Business Administration and the Department of Agriculture was going to send teams of people out into the County to estimate the damage and forms would be provided for anyone to fill out that sustained damage by the storm. After these forms are filed, Mr. Jones added that a final estimate of the damage could be made. Chief Clerk read the following letter dated December 16, 1974 from Henry T. Dunker, Jr. Vice President and General Counsel of Boston Mutual Life Insurance Company regarding Carl Archer, Policy No. G-4812: Dear Mr. Flynn: Your letter of December 6th with respect to the above has been received and considered. We still believe, however, that our decision was correct. A most important principle of group insurance is involved. The application and the policy control. Both of them state that a person who is disabled on the date he would otherwise become insured would not become insured until he returned to active work. The statement our representative is supposed to have made to the effect that everyone on the payroll of the county on January 1st would be covered still seems to us to be a fair and reasonable way of expressing, in a general way, who would be covered on January lst, which was a non -work day. The techni- calities of precisely who would and would not be covered on that date would be left, as they should be, to the application and policy. / s / Henry T. Dunker, Jr. MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 1 1 E Remarks: Mr. Flynn stated that this letter is one of a series of communication that has taken place over a year ago. He further explained the situation and stated that at the time when we entered into a contract with Boston Mutual, we were told by a representative of the Company that anyone on the County payroll was covered by insurance as of 12:01 a. m. on January 1, 1974. Mr. Arcl was on vacation the last week of December and reported off sick on December 31,1973. As a result of his illness, Mr. Archer died of a heart attack on January 2, 1974. Mr. Flynn stated that the Company maintains that Mr. Archer was not insured because he was not available for work. Mr. Flynn referred to the Union Contract, which states that Mr. Archer was entitled to 15 sick days, was definitely on vacation and still on the county payroll. Mr. Flynn added that the position we have taken is that Mr. Archer should have been covered by the insurance, and that the only recourse we have now is to file suit against the Company. Mr. Flynn asked Mr. Gilmore's opinion on this. Mr. Gilmore stated that he thought we should not be the ones to file suit, but perhaps the Union or the individuals involved should. Mr. Flynn stated that he had discussed this matter with the Union officials, and that he had been told that under our contract we are obligated to the employee, and therefore, it is encumbent upon us that we issue a suit, or perhaps the widow could join°us in a suit. Moved by Mr. Paluso, seconded by Mr. Jones, that the Board authorize Solicitor Gimore to take- whatever legal steps he deems necessary to secure payment for Mrs. Archer from the Boston Mutual Life Insurance Company as per above. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chief Clerk read a letter dated December 3, 1974 from the All States Management Corp. of Buffalo, New York, regarding the preparation of special events for the Bicentennial Celebration during the year 1976. Said letter stated that they had several suggestions to help celebrate this historical event and would desire to rent space at the affair or participate as consultants. Remarks: Mr. Jones suggested that this letter be forwarded to the Bicentennial Commission. Chief Clerk read a letter dated December 19, 1974 from the Southwestern Pennsylvania Regional Planning Commission regarding the 1975 Budget. Said letter stated that at a meeting held on December 9, the Budget for 1975 was reviewed and approved by the Commission. Letter further stated that after reviewing the funding requirements, it had been determined that the Commission can defer receiving the first payment until June of 1975, since many of the counties do not receive income until the second quarter of the year, and that this deferral of the first payment should aid the counties' cash flow situation. Letter then stated that the Commission would send Washington County a statement in May requesting 50%, or $9, 990, of the payment in June and the second 50% will be requested later for September payment. Chief Clerk read a letter dated December 18, 1974 from Secretary, Frhncis Pagac, Borough of Centreville and directed to the Commonwealth of Pennsylvania, Department r of Transportation, Uniontown, Pa. regarding V e staburg- Mexico Road. Said letter enclosed MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS "Partial Payment No. 1" from Frank Gavlik & Sons, Inc., which was presented to Council at their regular meeting on Monday, December 16, 1974, and that the Secretary had been instruct to forward the bill to the Department of Transporation. Chief Clerk read a second letter from the Borough of Centreville dated December 18, 1974 and directed to the Washington County Election Department regarding the re -apportionment of Ward System in the Borough of Centreville. Said letter requested that the Ward System in the Borough of Centreville be analyzed,with the objective in mind that each voter, by their vote, will have an equal voice in local government. Remarks: Mr. Flynn stated that we have no rights whatsoever to go into any municipality and determine the boundry lines of the wards, and that this is up to the Borough officials themselves. Mr. Flynn also stated that the Borough of Canonsburg was an example of this situation. Chief Clerk informed the Board of a letter received dated December 18, 1974 from the Commonwealth of Pennsylvania, Department of Transportation directed to the County Treasurer. Said letter stated that they had enclosed the December 1974 Liquid Fuels Tax Payment, but Mr. Whalen reported that the check has not been received as of yet. (Note: Later in the meeting, Mr. Whalen reported that the check had been received for the Liquid Fuels Payment to Washington County in the amount of $246, 087. 79 - ck. #32-760402. ) Chief Clerk presented to the Board for their consideration an Agreement between the Washington County Offices of Manpower Planning and Penn Commercial to provide instruction for Patricia A. Karr as Stenographer for a period from December 9, 1974 to June 9, 1975 (26 weeks). Said Agreement stated that Penn Commercial would be reimbursed $240. 00 for providing the instruction. Moved by Mr. Jones, seconded by Mr. Paluso, that the Board approve the Agreement between the Washington County Offices of Manpower Planning and Penn Commercial as per above. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chief Clerk informed the Board of a letter received from Mrs. Linda L. M Caseworker, Child Welfare Services, dated December 18, 1974. Said letter informed the Commissioners of her resignation as Caseworker effective January 10, 1975, and stated that Ae had accepted a similar position at a facility much closer to her home. New Business: Chairman informed all those present that the Courthouse will be closed from 4:30 p. m. on Tuesday,- December 31, 1974 until 9:00 a. m. Thursday, January 2, 1975 in observance of New Year,9. MINUTE BOOK l6/ E30ARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN. FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS w Chairman announced that Mr. Whalen had requested that he be allowed to make a Public Statement in reference to a article which appeared in the local news media concerning the Special Meeting held last Monday, December 23, 1974, adopting the Budget. Mr. Flynn stated that the statement which Mr. Whalen will make is in reference to the statement made by the County Controller. PUBLIC STATEMENT We, like all other County Officers and Departments look to the County Controller for accuracy in statements made by him with respect to the County records, such financial reports being produced by the Controller. In the past few days the Controller has made some very decisive statements which may very well make good press releases and generate publicity for him, however, we, in the Commissioner's Office expect the Controller to be honest and factual in his reporting to the public. The following are specific examples of either deliberately false or grossly mis- leading statements made by the Controller during the past week. In a news story relative to the bids for the proposed new County Extended Care Facility appearing in the Observer -,Reporter on Friday, December 19, 1974, the Controller stated that "according to figures released by Mascara, terms of the contract with Wallover and Mitchell call for the County to pay future architects fees of $401, 000. 00. Documentation in the posession of the Controller proves without question that the total architectural fees will be $489, 279. 70 of which the sum of $366, 959. 77 has already been paid, therefore the correct and actual total balance due the Architect will be $122, 319. 93 and not $401, 000. 00 as stated by the Controller. Now let us turn to the Controller's statement reported in the Observer -Reporter on Tuesday, December 24, 1974 in which he, the Controller, states Washington County paid Architects fees in the years 1966-67-68 & 69 in amount of $484, 000 for the previously planned County Home and Hospital. The Controller's office'-s own records reflect the following as documented facts: The total Architects fees paid were in total amount of $317, 905. 34 and not $484, 000. 00 as stated by the Controller. Also the Controller's records do indeed reflect that a Federal Grant for planning this facility was received by Washington County in amount of $208,159. 00, so the actual cost to the Washington Countians wAs $109, 746. 34 and not $484, 000. 00 as stated by the Controller. The Controller is quoted in the Observer -Reported dated December 24, 1974 as .questioning the anticipated 1974 year -end General Fund balance of $575, 000. 00 and gave as his reasons, first, the final payroll for 1974 in amount of $138, 000. 00 and second, a payment to the County Employees Retirement Fund in amount of $220, 000. 00, and in his opinion the year-end balance would be $250, 000. 00 rather than $575, 000. 00. The payment to the Retirement Fund was made on Thursday, December 19, 1974, the Controller submitted his net balances report to the Commissioner's Office on Monday, December 23, 1974 and this report reported a General Fund net balance as of 9:00 A. M. December 23, 1974 in the amount of $579, 751. 91. We must rightfully assume this report is 100% correct and up-to-date and therefore the $220, 000. 00 payment to the Retirement Fund had already been deducted from the General Fund Account. Therefore, the only remaining General Fund obligation is the final payroll in amount of $138, 000. 00. We do anticipate revenue receipts prior to December 31, 1974 and we do not believe our anticipated year-end balance will be less than factual. The Controller's statements were not factual and certainly not consistent with his own report. In the Controller's statements printed in the Observer -Reporter on December 24, 1974 he states, "If they, the Commissioners, had'nt received the $410, 000 State reimbursement for Yablonski trial expenses and transferred $628, 000. 00 from Revenue Sharing into the General Fund Account, the deficit would have -risen above One million dollars". The Controller was and is fully aware of the true fact that the $628, 000. 00 was transferred to the Capital Reserve MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Account for the express purpose of paying for the Heating and Ventilating Contract, the Window Replacement Contract and the Elevator Replacement Contracts. The Controller knew beyond any, doubt that not one dollar of the $628, 000. 00 was used for any General Fund purpose, yet he elected to make this false and mis-leading statement. All of the foregoing matters can be fully documented by the Commissioner's Office and we will be pleased indeed to furnish such documents to any interested person or persons. December 30, 1974 F. D. Whalen, Chief Clerk Board of County Commissioners Washington County Remarks: Mr. Flynn stated that the statement which Mr. Whalen had just made was based on fact and cal be documented. He stated that-it'sthe responsibility of the County Commissioners to operate this County on an efficient and conservative basis and administer the affairs of this County in a prudent manner, which they have tried to do. Mr. Flynn stated that after reading some of the news media, he found it perplexing that the Commissioners have managed to function as long as they have. He further stated• that he thought there should be a better understanding between the news media and that the public could be better informed. Mr. Flynn then read an Open Letter To The News Media, 12th District, Pennsylvania, written by Harry M. Fox concerning freedom of the press and the responsibility it has to tell both sides of public issues to the public. Solicitor: Assistant Solicitor Gilmore presented to the Board for their approval a Petiti for the purchase of two tracts of land situate in North Strabane Township by the Washington County Commissioners for the Industrial Development Program at a total purchase price of $193, 750. 00. Moved by Mr. Jones, seconded by Mr. Paluso, that the Board approve the Petition for purchase of land as per above. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. 11: -00 a. m. - Opening of Bids for Steel Shelving and Related Materials for the Washington County Law Library. 1. Gordon Office Equipment, Inc. 36 East Pike Street Canonsburg, Pa. 15317 A bid bond from the Maryland Casualty Company for 10% of base bid accompanied the bid. Total amount of bid: $12, 750. 00 Moved by Mr. Jones, seconded Mr. Paluso, that the bid be awarded to the GORDON OFFICE EQUIPMENT, INC., 36 East Pike Street, Canonsburg, Pennsylvania, for the amount set forth in their bid; this being the lowest and only responsible bid received in accordance with specifications, subject to the perusal by the County Solicitor. Roll call vote taken: C C Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. MINUTE BOOK L117ol3 'BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Meeting adjourned. THE FOREGOING MINUTE READ AND APPROVED: December 26 , 1974 ATT CHIEF CLERK 11 1 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 11 1 1