HomeMy WebLinkAboutCOMM - Meeting Minutes - 3 - 1-13-1972 - COMMISSIONERMINUTE BOOK 15
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
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Minute No. 3
Office of the County Commissioners
Washington, Pa., January 13, 1972
The Board of County Commissioners met in regular session with the following mem-
bers being present: Commissioners Jones, Paluso, and Flynn. Also present being: Chief
Clerk Murphy; Assistant County Solicitor H&mell; Administrative Assistant Whalen; Reporter
Budinger of The Observer -Reporter; Reporter Roule of The Monongahela Publishing Company;
Reporter Jane Bennett from The Brownsville Telegraph; and Public Information Officer Huber.
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. 2, each Commissioner having received a copy.
read.
Moved by Mr. Jones, seconded by Mr. Paluso, that Minute No. 2 be approved, as
Roll call vote taken:
Mr. Jones - Yes; Mr. Palsuo - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Reports - None
Old Business:
Chairman informed the Board that the law requires the County Commissioners to
submit a copy of the 1972 Budget as adopted to the Department of Community Affairs, Harris-
burg, Pennsylvania. Chairman also informed the new Board that they have the right to revise
the Budget if so desired, according to some limitations. If it is the perogative of the majority
to revise the Budget, then it must be finally adopted by February 15, 1972. Chairman suggeste I
that the Chief Clerk send a copy of the approved 1972 County Budget to Harrisburg.
Mr. Whalen: On the Liquid Fuels Monies, we completed the investment with First National
Bank and Trust Company in Washington in the amount of $200, 000.00 for 120 days at a 5 1 /4%
interest rate. That has been finalized.
Temporary Borrowing:
Mr. Hormell: I have the papers prepared and the Resolution prepared and have signed the
Certification on behalf of the Commissioners stating that this is done in accordance with the
Code and is proper and lawful. I would like to call to your attention that last year from our
investigation, there was an interest rate of 3. 12% per annum; this year, it is now 2. 616 per
annum.
Mr. Flynn: Am I right in saying that this Resolution will authorize the borrowing of 1 1 /2
million dollars ?
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MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Mr. Hormell: Yes, 1 1/2 million dollars on a take -down or installment basis of $250, 000.00
each,
Mr. Flynn: I suggest that the Commissioners do adopt this Resolution authorizing the borrow-
ing of 1 1/2 million dollars with an initial take -down of $250, 000.00 from the Pittsburgh Na-
tional Bank, as recommenddd by Mr. Hormell.
adopted:
Moved by Mr. Jones, seconded by Mr. Paluso, that the following Resolution be
RESOLUTION
WHEREAS, the finances of Washington County are such that funds are needed to
conduct the regular and current affairs of the County, and pay all lawful expenses until monies
are available from 1972 tax levies; and
WHEREAS, the County Commissioners have authorized the County Solicitor to
solicit quotes from the local Banks for interest rates on a loan of $1, 500, 000. 00 to be borrowed
on a take -down or installment basis of $250, 000.00 each and also authorized the County Solici-
tor to prepare the necessary legal papers to obtain such loan; and
WHEREAS, the Pittsburgh National Bank was the successful bidder with a quote
that "the Bank will charge an annual rate equal to the taxable equivalent of the prime rate in
effect at the time of borrowing. This rate could vary from time to time, however, on any
money borrowed the rate would not be changed, " which at present is 2. 6010 per annum.
THEREFORE BE IT RESOLVED, That the Board of County Commissioners be
authorized to borrow from Pittsburgh National Bank at any time and from time to time prior
to December 31, 1972, an amount or amounts not exceeding the aggregate amount of One
Million, Five Hundred Thousand ($1, 500, 000. 00) Dollars in anticipation of taxes to be collected
for the current fiscal year, the loan (s) to be evidenced by the certificate (s) of indebtedness
of the County in form acceptable to the Bank, payable on or before December 31, 1972, with
interest from the date (s) thereof at a rate equal to the taxable equivalent of the prime rate in
effect at time, which is presently 2. 60% per annum. Payable at quarter -annual intervals, said
loans and interest to be repaid from the first monies available from taxes in anticipation of
which such temporary loans and interest were made, which taxes are hereby appropriated for
that purpose, and that the Budget of the County for the current fiscal year and the taxeb--levied
shall include and be sufficient to repay said loan (s), and that any two (2) of the Commissioners
be and they hereby are authorized to execute and deliver in the name of the County Commis-
sioners and the County the certificate (s) of indebtedness which shall constitute the general
obligation (s) of the County, and that the Chief Clerk of the County Commissioners be, and he
hereby is, authorized and directed to attest such certificate (s) of indebtedness and affix the
MINUTE BOOK 17
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
County seal thereto, and further that the execution and delivery of a certificate of indebtedness
so executed and attested shall be sufficient evidence of the necessity for the borrowing thereby
represented at the time thereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand and affixed the
seal of the County this 13th day of January, 1972.
ATTEST:
(SEAL)
BOARD OF COMMISSIONERS
/s/
Michael R. Flynn, Chairman
/s/
Frank Jones, Jr.
/s/
Edward M. Paluso
The undersigned Chief Clerk of the Board of County Commissioners of the County
of Washington in the Commonwealth of Pennsylvania hereby certified that the following is a
true and correct copy of a resolution duly adopted by said Board at a meeting held on January
13, 1972, at which meeting a quorum of the Board was present and acted throughtout.
January 13, 1972
Remarks:
CHIEF CLERK
/s/
Mr. Paluso: Part of the arrangements for this loan is that 2. 60% interest; however, there is
a prmvision in this Resolution that states if the prime rate should go down, our interest rate
will also be adjusted downward. Conversely, if the prime rate should go up, we shall also be p
obligated to pay a slightly higher interest rate. It is the opinion of this Board that we will go
along with the advice of all the economists in the country who are predicting that within the next
six months the prime rate will drop further. So in the interest of saving the taxpayers' money,
we have taken this option in this resolution.
Mr. Hormell: This is a matter that Mr. Whalen has negotiated and I think he is to be commen-
ded for what he did on the matter. This Resolution requires the signatures of the three Com-
missioners and certification by the Chief Clerk.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
The following is a copy of the Certificate of Indebtedness, in accordance with the
above action:
January 13, 1972
CERTIFICATE OF INDEBTEDNESS
OF
WASHINGTON COUNTY, PENNSYLVANIA
$250, 000. 00
January 13, 1972
` 18 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR , EDWARD M PALUSO, COMMISSIONERS
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MINUTE BOOK
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BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
The County of Washington in the Commonwealth of Pennsylvania, promises to pay to
Pittsburgh National Bank, or order, at its Office at 6 South Main Street, Washington, Pennsyl-
vania, Two hundred fifty thousand ($250, 000.00) Dollars, on or before December 31, 1972, -
with interest from date on the unpaid principal balances hereof from time to time outstanding
at the rate of 2. 60% per annum, interest payments to be made on the first day of each calendar
quarter throughout the year.
Payment of the indebtedness evidenced hereby may be anticipated in whole or in
part at any time and from time to time without penalty. I -
This certificate of indebtedness evidences a temporary loan in anticipation of taxes
to be collected for the fiscal year in which it is issued and is to be repaid from the first re-
venues received by the undersigned during the current fiscal year -
This certificate of indebtedness is executed and delivered pursuant to the authoriza-
tion contained in a resolution duly adopted by the County Commissioners of the County of
Washington at a meeting held on January 13, 1972, which resolution is in full force and effect.
IN WITNESS WHEREOF, the undersigned County has caused this obligation to be
executed by the County Commissioners of said County, its seal to be hereunto affixed and the
same to be attested by the Chief Clerk this 13th day of January, 1972,
COUNTY OF WASHINGTON
/s/
Michael R. Flynn, Chairman
ATTEST:
/s/
/s/ Frank Jones, Jr.
J. V. Murphy, Chief Clerk
(SEAL) Edward M. Paluso
Awarding of Bid for Airport Vehicle:
Mr. Hormell: The bids for the Airport vehicle, having been opened by the Controller in the
presence of the Commissioners at the last meeting and tabled for analysis, have been analyzed
by the Chief Clerk and Administrative Assistant. These bids compared with the specifications
as printed. After the complete analysis, the low bid is Stewart Motor for the amount of
$4, 341.44. I recommend that the Commissioners accept the lowest bid which is Stewart
Motor for the amount of $4, 341. 44.
Moved by Mr. Jones, seconded by Mr. Paluso, that the board of County Commis-
sioners award the contract for the furnishing and delivering of one (1) 1972 3/4 Ton Pick -Up
4 Wheel Drive Vehicle - American Made, to be delivered to the Washington County Airport,
Washington, Pennsylvania, to STEWART MOTOR COMPANY, 42 E. Maiden Street, Washing-
ton, Pennsylvania 15301, for the amount set forth in its bid; this being the lowest responsible
bid received in accordance with specifications. Said action based on the recommendation of
Assistant County Solicitor Hormell.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Correspondence:
(Joint Statement)
Chairman read the following Joint Statement:
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M PALUSO, COMMISSIONERS
"The present Washington County Commissioners - Michael R. Flynn, Frank Jones,
Jr., and Edward M. Paluso - and the present County Treasurer, Malcolm L. Morgan, join with
Mr. C, R.' Clark, Officer -in -Charge of the Washington Office of the Pittsburgh National Bank,
in making the following Statement for the protection of -the public:
C. R. Clark, Officer -in -Charge of the Washington Office of the Pittsburgh National
Bank reported that a number of checks drawn on the County of Washington account Edward
Stuart, County Treasurer, F..I. C. A. Contributions are being circulated.
Mr. Clark stated that these are old type checks drawn on Pittsburgh National Bank
60-298
and bear Transit Number 433
Further, the checks are not encoded with any account number and bear forged
signatures.
This matter has been referred to the Office of the District Attorney of Washington
County and to the appropriate police agencies for investigation and the public is cautioned that
these checks should not be cashed under any circumstances and that anyone presented with any
of these checks should immediately contact the Local or State Police. "
Mr. Flynn: The Commissioners in conjunction with the Treasurer, Officers of the Bank, and
he District Attorney's Office met on Tuesday to try to alert the public to the fact that these
--hecks are being circulated. The checks are strictly obsolete.
Mr. Paluso: What we are trying to do is to alert the public so that they will not be caught with
any of these checks by cashing them. We don't know who has these checks and how they got
:hem. They are at least 10 years old and are stamped Washington County Treasurer.
Mr. Jones: I might add that the District Attorney is in charge of this investigation. It is a
police matter.
Chief Clerk informed the Board of the receipt of the following checks from the
Commonwealth of Pennsylvania for Washington County Civil Defense:
(Bills)
Por payment:
(a) Personnel and Administrative Expenses - Matching Funds
Ck. # 32-0860642 - in the amount of $1, 742. 25.
(b) For Final Fiscal Year 1971 - ck. # 51-461048 - in the amount
of $792. 10 and ck. # 51-461047 - in the amount of $561.45.
Moved by Mr. Jones, seconded by Mr. Flynn, that the following bills be approved
(a) Carl G. Baker and Associates - $681. 25 - for Progress Billing for
Architectural/Engineering Services in connection with New Boiler for
Washington County Home for Aged Men.
(b) Carl G. Baker and Associates - $5, 822.79 - for Engineering services
rendered for design of new boiler for Home for Aged Women and Architectural
and Engineering Services rendered in preparing studies and recommendations
for renovations to the Courthouse and renovations to the Heating Plant for the
Courthouse and Jail.
MINUTE BOOK 21.
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
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Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes,
. Motion carried unanimously..
Chief Clerk read correspondence under date of December 29, 1971, from Jacob G.
Kassab, Secretary of Transportation, Correspondence .stated that Mr. Kassab read with interesE
the Washington Observer.which said the Bureau of Municipal Service of the Department of Trans-
portation had advised the Commissioners that the County could not utilize Liquid Fuel Funds to
relocate three (3) State highways and two (2) Township roads necessitated by the development of
a County owned park. Correspondence further stated that Mr. Kassab immediately contacted
the Chief Counsel, who in turn contacted the Chief Counsel of the Auditor General, and arranged
a meeting to discuss the legality of the proposal of the County Commissioners of Washington
County. Correspondence advised the Board that as a result of the aforesaid meeting, the Chief
Counsel has informed Mr. Kassab that County Liquid Fuel Funds may be used to effect the
necessary highway and road relocations.
Chief Clerk read correspondence under date of January 6, 1972, from Louis E.
Waller which stated that his term as member of The Washington County Planning Commission
expired January 1, 1972. Correspondence requested that Mr. Waller not be considered for
another term. Correspondence advised the Board that said action will remove his eligibility
for membership on the South Western Regional Planning Commission.
Mr. Flynn: I suggest that we accept his resignation with regret and that the gentleman be
notified that we certainly appreciate his services and that we are sorry to lose him as a member.
Mr. Jones: He was doing a good job.
Mr. Flynn: I think there were too many demands being made upon the gentleman, and he can't
cope with all of them,
Mr. Jack Merdian entered the meeting.
Chief Clerk read correspondence under date of January 5, 1972, from Reverend -
Harry Harrington which notified the Commissioners of the resignations of Reverend Harrington
and his wife as Superintendent and Matron of the Juvenile Detention Home effective January 14,
1972. Correspondence stated that the resignations are due to a heart condition that. compels
Mr, and Mrs. Harrington to restrict their activites. Correspondence thanked the Commis-
sioners for allowing them to work with and help the delinquent youngsters of this County.
Mr. Murphy: The Juvenile Department has made arrangements to fill these vacancies.
Chief Clerk read a copy of a letter under date of January 6, 1972, from Edward L.
Maher, Sanitarian H, Department of Health, directed to John Anthony, Director, Washington
County Planning Commission. Correspondence stated that Mr.. Maher attended a special meet-
ing which was held in Speers Borough on Wednesday, January 5, 1972, for the purpose of
2� MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
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MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
promoting an approved public sewerage lateral within the community. Correspondence stated
that Mr. Floyd Lobham, who represents the. Washington County. Planning Commission, gave a
very excellent presentation and is a credit to the County.. Correspondence thanked Mr. Anthony
and the members of the Washington County Planning Commission for their excellent cooperation.
Chief Clerk read correspondence under date of January 6, 1972, from Thomas E.
Ricca - Jones & Laughlin Steel Corporation, RE: Fredericktown Ferry. Correspondence stated
that said Corporation received requests from Local Union 688 and Local Union 6330 of the United
Mine Workers of America and petitions from employees containing over 500 signatures to re-
establish the Fredericktown Ferry. Correspondence stated that said Corporation knows that
the discontinuation of the ferry service from Fredericktown•to East Fredericktown has been a
real harship for these employees in traveling to and from work. Correspondence urged the
Commissioners' prompt consideration of said problem to arrange for the financing and operation
of the ferry service and also enclosed a copy of the Unions' letters and the petitions.
Mr. Paluso: We have invited the Fayette County Commissioners over here as soon as possible
to discuss this very issue. So far, we haven't received a date from them. I think we should
contact Mr. Kassab and have him review this subject on the use of County Liquid Fuel Monies.
[ think the ruling will be that we can use Liquid Fuel Monies for this project. We should get the
ball rolling now.
Mr, Jones: Didn't a letter go out concerning this matter?
Mr. Murphy: I have the letter here under date of January 7, 1972. (Mr. Murphy read letter
directed to Mr. Fred L. Lebder, Chairman, Fayette County Board of Commissioners, under
the signature of Michael R. Flynn, which stated the Washington County Commissioners' desire
Eo arrange a meeting between the Fayette County and Washington County Board of Commissioners
-oncerning the restoration of ferry service along the Monongahela River, Correspondence re-
quested the presence of Mr. Beck and Mr. Mihalik of the Fayette County Development Council,
Mr. Dan Zeigler of the Fayette County Planning Commission and Captain Jack Ross, Marine
Consultant, at said meeting to be held in the office of the Washington County Commissioners.
Correspondence requested the Fayette County Commissioners to inform them of a satisfactorily
date and time. )
Mr. Flynn: Mr. Hormell, would you please contact Secretary Kassab about his legal opinion
as to the ,expenditure of County Liquid Fuel Monies for this project.
Mr. Hormell: Do you want us to research the question first?
Mr, Flynn: Yes, please.
Mr. Huber: We had a ruling from the Deputy Attorney General that we could not use Liquid
Fuel Monies for these approaches..
Mr. Hormell: Do you have a file on this? I 'would like to look at it before I contact Mr. Kassab.
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
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Mr. Huber: Yes.
Mr. Jones: Don't you have a copy of the Redevelopment Authority of Fayette County in reference
to the, ferry service?
Mr. Huber: Yes, I do.
Mr. Jones: I would suggest that you give it to Mr. Hormell also.
Mr, Hormell: I'll check all those files and see what the present status is and then report back
to the Commissioners before I write the letter.
Chief Clerk read correspondence under date of December 20, 1971, from Governor
Milton Shapp which stated that Governor Shapp is honored to issue.an official recognition of the
public forum entitled "What About Pittsburgh" that is scheduled to be held in Pittsburgh on Feb-
ruary 23 and 24, 1972. Correspondence stated that the Three Rivers Improvement and Develop-
ment Corporation (TRIAD) should be commended for initiating this effort which creates a special
atmosphere for unifying the entire region of the Western part of the Commonwealth that Pittsburgh
serves as a hub city. Correspondence further stated that as Governor of Pennsylvania, it is
Mr. Shapp's pleasure to declare the days of February 23 and 24, 1972, as COMMONWEALTH
COMMUNITY DAYS in Pennsylvania, and urge and encourage all Pennsylvanians, to turn their
attention during those two days to the conference that will be held at the Howard Johnson Motor
Lodge at Chatham Center in Pittsburgh.
Mr. Flynn: If the Commissioners are available at such time, we will be glad to participate in
this conference.
Chief Clerk read correspondence under date of December 31, 1971, from the De-
partment of Public Welfare, SUBJECT: Public Hearing - Mental Health and Mental Retardation
Regulations, Mental Retardation Responsibilities.: Correspondence stated that a public hearing
on the Mental Retardation Responsibilities of the. County Mental Health and Mental Retardation
programs, Title 5200, as published in the "Pennsylvania Bulletin, " Vol. 1, No. 76, November
27, 1971, has been scheduled for Friday, January 28, 1972, from 10:00 a.m. to 3:00 p.m. in
the Majority Caucus Room of the House of Representatives in Harrisburg.
New Business:
(Authorization to Advertise)
Moved by Mr. Paluso, seconded by Mr. Jones, authorizing the County Commissioners
to advertise for bids for furnishing Fleet Insurance in a reliable and approved insurance com-
pany for public liability, property damage, comprehensive A. C. V. , fire, theft, and collision
coverage on trucks, automobiles, and roadbuilding machinery owned and operated by Washington
County.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
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-AIN'UTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR , EDWARD M PALUSO, COMMISSIONERS
(Tax Bills)
Chief Clerk informed the Board and all those present that the tax bills will be ready
to put into the mail beginning of next week and that there would be a meeting following at 11:30
a.m. between Mr. Morgan, County Commissioners, and representatives from CLT.
Mr. Paluso: I would like to comment on that. .In order not to mislead the news media, what .
Mr. Murphy means is that the company supplying the data and the forms have completed that .
part of the project. Whether or not the forms will be sent out next week depends on several
factors; one of which is the completion of the machine set-up in the Treasurer's Office, which
this morning was not complete. We have a meeting later this morning to determine this.
Mr. Flynn: The meeting this morning between the Commissioners, representatives from CLT,
and the Treasurer, Mr. Morgan, is to make sure that these machines are equipped and working.
The tax notices are ready to go out right now.
Mr. Jones: I might add that this is the first time in the history of Washington County that these
machines are operable and everything is all right and that the tax notices are ready to go out
this early.
Washington -Greene County Community Action Board
Mr. Flynn: I would like the record to show that we three Commissioners are automatically
members of the Board of Directors of the Washington -Greene County Community Action Board;
therefore, we should notify Mrs. Owens that we three Commissioners will serve on that Board.
Solicitor: Mr. Hormell
(Tax Refunds)
Assistant County Solicitor Hormell presented the following three (3) TAx Refunds to
the Board for their consideration and approval: .
Moved by Mr. Jones, seconded by Mr. Paluso, that the Tax Assessment Office be
authorized to prepare the. following two (2) tax refunds due to either duplication or overpayment
of real_ estate tax and one (1) tax refund due to either duplication or overpayment of personal
property tax:
1. RE: Beatty Realty Co.
Washington 6th Ward
Request for refund has been made in re the above -named taxpayer. Tax in
the amount of $1, 383. 50 Face was paid on assessed valuation -of $2, 490.30
on December 17, 1971. Total assessed valuation was reduced to $102, 000.
and tax was reduced to $1, 836. 00, making a refund due in the amount of
$654.30.
Kindly forward refund check in the amount of $654. 30 to BEATTY REALTY
CO., 51 Murtland Avenue, Washington, Pa. 15301.
2. RE: Richman, Ben H. & Bessie W.
Washington Manor, Inc.
South Strabane Township
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MINUTE BQ0K 25
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
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Request is being made for the refund of taxes for the years 1967 through 1970
due to Court Order No, 167 July Term, 1968 A. D. which lowered the t6t al
assessment from $184, 345. to $153, 620. The Breakdown is as follows:
1967 (14 Mills) TAx-Face Discount Net
$184, 345 2, 580.83 129.04 $2, 451. 79
153,620 2, 150.68 107.53 2,043.15
Refund due 408.64
1968 (16 mills)
$184, 345. 2,949.52 147.48 $ 2, 802. 04
153, 620. 2,457.92 122.90 2,335.02
if if 467.02
1969 (18 mills)
$184, 345. 3,318.21 165.91 $ 3, 152. 30
153, 620. 2,765.16 138.26 2,626.90
" if 525.40
1970 (18 mills)
Same as 1969 it if 525.40
Total tax refund due BEN H. and BESSIE W. RICHMAN for the years 1967
through 1970 is $1, 926. 46.
3. RE: Jane D. Warne Est.
Mellon Natl. Bk. , Co. - Executor
Jane D. Warne Est., c/o Mellon Natl. Bank, Washington, Pa. 15301, co -
Executor - said refund to cover duplication of payment of 1969 Personal
Property Tax. In 1969, after Mrs. Warne filed a Return in this office,
she turned over her accounts to Mellon Bank, Washington. They also
filed her account in their blanket return for that year. The error was
discovered after Mrs. Warne's decease and a refund for $399. 63 is re-
quested to reimburse the Estate for duplicated payment, making a refund
due in the amount of $399. 63 payable to the Jane D. Warne Est. c/o Mellon
Natl, Bank, Washington, Penna. Co -Executor.
Roll call vote taken:
Mr, Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
. r. Hormell: I would like to inform you that the Washington Mall has appealedtheir case. For
,he information of particularly Mr. Jones and Mr. Paluso, this involved an appeal from an
assessment by the Washington Mall. It was a case against the Board for the assessment and
-evision of taxes in Washington County. In 1969 they appealed from our Court to the Common-
wealth Court. I believe Judge Sweet wrote a lengthy Opinion on this matter. The Common-
-Health Court upheld the position of the County and now the taxpayer is requesting another appeal.
want to call this to your attention so that you realize the procedure. There are certain types
)f appeals which stop at the Commonwealth Court, but there is a certain provision that proves
;hat a party may petition the Supreme Court for an allowance of an appeal. That is the situation
Ne have here. It is not an appeal until the Supreme Court rules on this petition for allowance.
Phe Solicitor's Office has contacted the Prothonotary objecting to allowing the appeal and have
:'iled the necessary papers with them stating that we feel the Commonwealth Court was right and
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MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EOWARD M. PALUSO, COMMISSIONERS
;hat we feel the matter should be final and binding as set by them. The next step will be that
;he Supreme Court will make a decision.. If they decide that the appeal is not allowed, that will
Je the end of it and the decision of the Commonwealth Court will stand. If, on the other hand,
:hey decide the petition is allowed, then we will find ourselves in Supreme Court.
Moved by Mr. Jones, seconded by Mr. Paluso, that the meeting adjourn.
Meeting adjourned.
FHE FOREGOING MINUTE READ AND APPROVED:
kTTEST:
CHIEF CLERK
1971
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Minute. No. 4
Office of the County Commissioners
Washington, Pa., January 20, 1972
The Board of County Commissioners met in regular session with the following
members being present: Commissioners Jones, Paluso and Flynn. Also present being:
Chief Clerk Murphy; County Solicitor Capano; Assistant County Solicitor Hormell; Administra-
tive Assistant Whalen;. Reporter Budinger of The Observer -Reporter; Reporter Roule of The
Monongahela Publishing Company; Reporter Liesch of The•Brownsville Telegraph; and Public
Information Officer Huber.
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. 3, each Commissioner having received a copy.
read.
Moved by Mr. Jones, seconded by Mr. Flynn, that Minute No. 3 be approved, as
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Old Business - Mr. Paluso
Moved by Mr. Paluso, that another letter be sent to the Fayette County Commis-
sioners requesting a firm date for a meeting as the Commissioners had asked for previously
to go over the proposed financial details concerning restoration of the ferry service for Allen -
port, Newell and Fredericktown; said letter to be sent Registered - Return -Receipt Requested.
Motion lost due to lack of a second.
MINUTE BOOK 2�
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Remarks:
Mr. Paluso: Am I to understand that we are not interested in getting this matter settled? I
would like some comments from the Majority side.
Mr. Flynn: We do have a copy of a letter sent out under date of January 7, 1972, and knowing
the Commissioners of Fayette County, I would like to think that they haven't ignored the matter
completely. I would like to think that we should just give them a little more time to see what
position they, are going to take. Not only that - if we are going to meet with them we will be
with them next week in Harrisburg on Monday and Tuesday. I fully intend to discuss this mat-
ter with Mr. Fred Lebder, Chairman of the Board.
Mr. Paluso: My interest in the matter is in getting a decision made one way or another as
soon as possible, I see no harm in sending an additional letter, I think it should be done and
I don't think Harrisburg is the place to discuss County Business.
Mr. Jones: Well, I would tkiink that Mr. Flynn and myself are as interested in the matter as
you are, Mr. Paluso. One letter has already been sent.
Correspondence - Mr. Murphy
Chief Clerk informed the Board of the following checks which were received from
the Commonwealth of Pennsylvania:
(1) Ck. #43-0868616 in the amount of $6, 307. 54 for Day, Care Contract
#851 - Mon Valley United Health Services, Inc.
(2) Ck. #65-0866224�n the amount of $2, 988.37 for Day Care Contract
#687 - Washington Day Care Center.
Chief Clerk read correspondence under date of January 13, 1972, from Mr. Charles
O. Bohner, Executive Director of the Office of Civil Defense in Washington County, which re-
quested that he and Mrs. Vlasta Draper - Administrative Assistant, be permitted to attend a
meeting of County and Local Civil Defense Directors to be held in Lebanon, Pennsylvania on
January 25-27, 1972. Chief Clerk stated that said letter of request would become a matter of
record,
Chief Clerk read a copy of a letter under date of January 14, 1972, from Senator
Austin J. Murphy directed to the Honorable Helene,Wohlgemuth - Secretary of Public Welfare,
which enclosed copies of correspondence that the Washington County Commissioners received
from the Department of Public Welfare concerning the Cqunty's failure to provide a proper
charge nurse on every tour of duty at the Washington County Homes. Correspondence stated
that the County Commissioners have made every effort offering as high as $25.00 and $30.00 a
day tohire, suitable personnel to fill these positions, however without success in every instance,
Correspondence stated that now with the State denying the County Homes any further financial
aid, it will be impossible for them to keep the professional personnel that they have been able
to secure, thus further reducing the quality of nursing home service in Washington County
r� �
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00$ MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M PALUSO, COMMISSIONERS
where there is need of more nursing homes than the County has. Correspondence further
stated that the County Homes have been operated on every possible efficient level and provide a
great service to the aged -citizens of our community. Correspondence stated that it would be a
tragedy to see the State deny many of these older persons a place to stay with this new regula-
tion. Correspondence stated, in conclusion, that Senator Murphy would hope that Secretary
Wohlgemuth would personally investigate the matter and perhaps offer some compromise so
that the County can continue with the operation of the County Homes with State aid.
Chief Clerk read a memorandum from Anthony Luppino, Chief Probation Officer,
requesting authorization of payment by the County Commissioners for the dental care of Mack
Matthews, c/o The Boys' Home, Oakdale, Pennsylvania, at the estimated cost of $30. 00.
Moved by Mr. Jones, seconded by Mr. Flynn, that authorization be given by the
Washington County Commissioners for the dental work to be done for Matt Matthews, c/o The
Boys' Home, Oakdale, Pennsylvania - at the estimated cost of $30.00.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. -
Motion carried unanimously.
Mr. Jack Merdian, WJPA, entered the meeting.
Report - Mr. Whalen - Re: Strip Mining Application
Mr. Whalen: I believe most of you here were present on Monday, January 10, 1972, at the
time we had a tour of the proposed strip mining operations - that is the applications for permit
in those areas. Since that time we have been in contact with the Department of Environmental
Resources to pursue the possibilities for the County and we have found that the Department of
Environmental Resources are really not handling these applications as a routine matter due to
the fact that it involves the one park that is already in operation and the other park which is
proposed and which of course the primary purpose of the Cross Creek development -would be a
permanent water supply for the Avella and Independence Township areas. So, the Department
of Environmental Resources are very much concerned about this problem. There was a hearing
set for today in Harrisburg on the Erg, Inc, application and as of now that has been postponed.
However, the Department did establish what they determined to be a formal conference which
is being held today in Harrisburg at 2:00 p.m. and the purpose of that is to explore the matter
and see if there is any common ground for compromise and agreement between the applicant
and the County. , After this conference today there will be a determination made as far as set -
Ling up a new hearing date if such is determined to be necessary. Mr. Anthony, Mr. George
and Mr. Laubham are on their way to Harrisburg right now to attend this formal conference.
The County is on record as being definitely opposed to the proposed stripping operations of the
experts who represent the Environmental Resources Board. For those of you who were present
EiN
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALuso, COMMISSIONERS
n
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at the luncheon at the Holiday Inn on the 10th of January, I.think that you certainly realized
that there was a sharp difference of opinion of the various representatives of the Department of
Environmental Resources. Since the tour we have received some letters that support the posi-
tion of the County in the protection of Park and'Recreation areas and there is no letter deroga-
tory to private industry. Their real concern is the preservation of Park and Recreation areas.
The opposition to these is in full existence by the County and any further action on this will have
to be determined after our representatives return from their conference today in Harrisburg
and we determine what the position is there.' That is about the position we are in now. There
isn't any real change but we have found that there is a great concern within their Department
on this matter.
County Treasurer Morgan entered the meeting.
New Business - Mr. Flynn
Chairman of the Board recommended that the following be appointed or re -appointed
to the various Boards and Commissions in Washington County:
Civil Defense Director for Washington County:
Frank Jones, Jr. replacing the late John P. Bevec
Washington County Planning Commission:
Robert C. Arthurs - re -appointed to four-year term expiring January, 1976
Joseph Conti - appointed to four-year term expiring January, 1976, replacing
Louis Waller.
Washington -Greene MH/MR Board:
Edward M. Paluso to fill unexpired term of A. V. Capano expiring January, 1974
C. G. Cowieson - Dr. Arthur Henry - Dr. Joseph Hookey - and Mr. James
McDonald - re -appointed to three-year terms expiring January, 1975.
Louis L. Farkos - appointed to fill the unexpired term of Rev. Francis Blair
expiring January, 1974.
WASHINGTON COUNTY 4-H Development Fund Board;
Edward M. Paluso to fill unexpired term of the late John P. Bevec expiring
January, 1974.
Washington MH/MR Clinic Board:
Dr. Owen Benton - Mrs. Charles Gillespie - and Mr. Michael R. Flynn -
re -appointed to three-year terms expiring January, 197 5.
Mr. Clarence (Kip) Crumrine to replace Dr. Joseph Hookey for a three-
year term expiring January, 1975.
Penn's Southwest Association:
Frank Jones, Jr. to serve as Commissioner member of Executive Committee
Michael R. Flynn and Edward M. Paluso to serve as members of the Association
Senior Citizen's Advisory Committee:
Edward M. Paluso to fill the unexpired term of the late John P. Bevec
expiring in July, 1972.
Mid -Monongahela Valley Council of Governments:
Frank Jones, Jr, to be appointed to represent Washington County replacing
A. V. Capano.
din
ou MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR , EDWARD M PALUSO, COMMISSIONERS
Southwestern Pennsylvania Regional Planning Commission:
Frank Jones, Jr. to be appointed to three-year term expiring in January,
1975 replacing the late John Mazza,
Moved by Mr. Jones, seconded by Mr. Flynn, that the preceding appointments and
re -appointments to the various Boards and Commissions in Washington County be approved by
the Washington County Commissioners.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chairman of the Board recommended that the following be appointed to the Board of
Assessment of Appeals:
Thomas E. Cox
Keith Melenyzer
Joseph Seibert
Moved by Mr. Jones, seconded by Mr. Flynn, that the preceding be appointed to the
Board of Assessment of Appeals effective Monday, January 24, 1972.
Remarks:
Mr. Paluso: Have I been consulted as to the make-up or qualifications of any of the members
on the Tax Appeal Board as you have so nominated?
Mr. Flynn: No, you haven't.
Mr. Paluso: Have any of these men been placed on this Board by the Minority Commissioner?
Mr. Flynn: No, sir.
Mr. Paluso: Am I to assume that you as Chairman have named all three members of this
Board?
Mr. Flynn: No.
Mr. Paluso: Would you further explain as to how you arrived at these members?
Mr. Flynn: The recommendations are made to me as the Chairman' of this Board.
Mr. Paluso: By whom?
Mr. Flynn: Mr. Jones was one of the gentlemen - the Majority Commissioner.
Mr, Paluso: In the past, has it been the policy in this County that the Minority` Commissioner
did name a representative to this Board?
Mr. Flynn: That is correct.
Mr. Paluso: And now I am to understand that that precedent is being changed?
Mr. Flynn: That is correct.
Mr. Paluso: If that is the case, I would like to read a few remarks. (Copy of Memo in refer-
ence to The Board of Assessment Appeals as submitted by Edward M. Paluso, Minority Com-
missioner, may be found on Pages 7-A and 7-B.)
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MINUTE BOOK 31
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. �ALUSO, COMMISSIONERS
C
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Mr. Paluso: I think that makes my position absolutely clear as far as I can research it. I think
that if this motion is not tabled at this time, we are going to have to arrive at due process through
legal opinion of the Solicitor perhaps - and perhaps through the Courts - until this matter is
settled to my satisfaction. I think it is Parliamentary procedure that the motion to table takes
precedenpe.
Mr. Capano: Yes, if there is a second.
Moved by Mr. Paluso, that the appointments as recommended by the Chairman
of the Board for the Board of Assessment of Appeals be tabled until said legal opinions and
matters are presented and decided by the Court -.if need be.
Motion lost due to lack of a second.
Mr. Flynn: I, too, have done a little research, Mr. Paluso. I am familiar with the Section
5453. 101 as amended and present. I have taken another step and asked for an Opinion from
Mr. Hormell and would like to read it now. (Copy of Legal Opinion under date of January 20,
1972, as submittedrby Assistant County Solicitor Hormell may be found on Pages 8-A and 8-B. )
Mr. Paluso: I,would like to point out that this is strictly a Legal Opinion. I do not have legal
counsel here to represent me. I think that this will have to be settled beyond Opinions of Solici-
tors or Attorneys. Therefore, I will advise you at this time that I am going to request that this
matter be settled impartially without Opinion.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - No; Mr. Flynn - Yes.
Motion carried.
Solicitor - Mr. Capano
Solicitor Capano presented a Park Resident Lease in conjunction with the Depart-
ment of Parks and Recreation for the consideration and approval of the Board.
Moved by Mr. Jones, seconded by Mr. Flynn, that the Washington County Com-
missioners approve and execute the Park Resident Lease between John E. Hemmington and the
Washington County Commissioners effective the 1st day of February, 1972, in House #4 in
Mingo Creek County Park; said action based on the recommendation of the County Solicitor.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Solicitor Capano informed the Board that the Steamboat Clairton matter has been
continued and Assistant County Solicitor Hormell is going to try to work out some type of agree-
ment, if possible. Mr. Capano stated that later this Agreement will be submitted to the Board
of Commissioners for approval before any final decision is made on the matter. Mr. Capano
further stated that said case is in Federal Court and was scheduled for January 17, 1972.
�� MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Mr. Hormell: At the Primary Election it was found that there were some ballot boxes which
had not been delivered. The personnel in the Election Office became excited and contacted the
Court, who was acting as the Return Board. The Court signed an Order which provided that
the County employees could deliver these ballot boxes stipulating certain amount of money
which would be paid for this delivery. The Contractor filed an Exception to the Order. The
total amount being $351. 53. This was the matter for which I was called out of last `week's
meeting. I have discussed this with Mr. Capano. It is my opinion that this would be in the
welfare of the County to enter into this Stipulation and that the cost involved would be much
better served by entering into this Stipulation. - The reason goes back to the advertising. The
advertising is done by the County Controller's Office. They have been following a pattern here
for many many years of using the same type of advertising. The advertising did not say and
did not place a limit upon the time within which the boxes would be delivered so that these con-
tractors could take the legal position that so long as they could have those boxes delivered
prior to the time that the polling places opened, they were meeting their bid. There were
some,49 boxes involved. These were all in the area that these contractors lived. They took
the position that they intentionally and purposely withheld delivering of those boxes until the
last minute - that they has several hours to do it. They had several people in Court on that
day ready to testify that they were working for them - and that they knew all the names and
exactly where they were to be delivered - and therefore, would meet the deadline before the
polling places opened. I dictated a memorandum to Mr. Whalen on this matter suggesting that
to preclude this sort of thing happening in the future - that Mr. Whalen would review all adver-
tising procedure of the County so that when someone was a successful bidder, it would con-
stitute a contract with specific terms and would not place your people in a position where they
had to exercise discretion under conditions that were at past cloudy.
Mr. Paluso: Part of the bidding procedures in the last three weeks since I have been here con-
sist of accepting the low bid with the provision that the bidder and the bid be investigated by
the Solicitor. One of these conditions being that you have to find out if it is a legitimate bidder
to begin with. This kind of thing is what causes additional expense to'the taxpayers and I am
not an advocate of paying people for work that is not performed. I would rather lose in Court
than spend the taxpayers' money to give -to someone when someone else was already paid to do
the job. I think this is a good point here and very good example of why these bids should be
investigated more thoroughly. For that reason I won't go along with paying this sum. I say if
the Court decides that we have to pay it, then fine - we will have to. And this gets back to the
argument that I have in particular with the way of the conduct of elections in this County. I
happen to have been a principal in one of the worst filed -up, strange -smelling election in the
history of the County. For that reason, while we are on this subject, I would like to recommer.d
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MINUTE BOOK 30
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. RALUSO, COMMISSIONERS
L
1
that the Pennsylvania Economy League be contacted today to make a survey as soon as possible
to study. the election procedure and provide the County with some Voting Machines in this County
before the next General Election.
Mr. Hormell: I would like to make a few comments. In all fairness, I do not believe that this
problem was created because of the County Commissioners. Whenever the County -Commis-
sioners are up for election,, there is a provision in the law which -provides that the Court becomes
a Return Board, Unfortunately, this is a very technical thing and many people do not realize
that the Court is not the Board of Election - the Board of Election is the County Commissioners,
The Court is only the Return Board. So that from a technical viewpoint, the Court has no }cower
to intervene in any of these matters except on returns and on contested elections. This happen-
ed before the Election. Consequently, the Court had no jurisdiction in this matter and when
they made this Order in the fashion in which it was done - it was done in an emergency. As
far as I am concerned, this problem was not created by the Commissioners themselves. I
have taken steps with Mr. Capano and Mr. Whalen because this requires not merely the Com-
missioners Office - but by law any contract which is advertised - the Commissioners cannot
advertise for that - it must be done by the Controller's Office. So we have to have a close re-
lationship here so that the Controller and the Commissioners work out the terms that you are
seeking when you make any agreement - and in this particular instance, this was not done.
Moved by Mr. Jones, seconded by Mr. Flynn, that the bill in the amount of
$351. 53 as presented and recommended by Assistant County Solicitor Hormell as per above be
approved for payment by the Washington County Commissioners.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - No; Mr. Flynn - Yes..
Motion carried.
Mr. Flynn: Now, Mr. Paluso, I am going to exercise a little authority here. I am going to
appoint you the Chairman of a Committee of One to investigate some of the "gray areas" which
you just referred to about elections. I happen to have been a Commissioner here at the time
and a candidate for re-election and the implications by you here are pretty broad. I think that
it is incumbent upon you that if you have any knowledge of anything being done which was irreg-
ular, then you should come forward.
Commissioner Paluso presented and read his Recommendations under date of
January 20, 1972, directed to the attention of Commissioners Michael R. Flynn and Frank
Jones, Jr. Copy of same can be found on Pages 12-A, 12-B, and 12-C.
Mr. Flynn: Your point is well taken. You talk about the announced winner of the Washington
County -Republican race - announced by whom?
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R1i
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANC JONES, JR , EDWARD M. PALUSO, COMMISSIONERS
Mr. Paluso: Announced by this Courthouse. I do not have the newspaper articles which quote
the County Courthouse on its count but I can produce them for you next week if you like.
Mr. Flynn: Well, I wish you would. I would like you to show me quoting someone like Mr.
Murphy or Mr. Capano saying Mr. Mazza was the winner.
Mr. Paluso: For your information. - your count was more off than the newspaper's count. The
count you gave them was 121 - the count they came up with was 78.
Mr. Murphy: 7 never gave the count to nobody, sir.
Mr. Paluso: I'm sorry. I'll have to get the newspaper and see where they got their information,
Mr. Flynn: (1) The official announcement never came from this Courthouse. If it did, it did
not come from any authorized person. (2) I have been informed over the years that this is a
matter of courtesy that the County extends to the news media. There is no requirement of the
law that we have to announce this. These are unofficial returns. (3) These Election Boards
are elected by the people in their own districts - and certainly they must be honorable people.
And if there is error, it is human error and I would like to think it is.not dishonest. And when
it comes to the Recount Board down here, I will defy anybody to take exception to anything
wrong going on. I take this position - one of our most sacred birthrights is our right of the
secret ballot and right to vote. Since I have been here along with my two former colleagues,
we have really put restrictions in this place and if there were any errors, they were human -
nothing dishonest.
In conclusion, Chairman stated that Commissioner Paluso's report will become a
matter of record and the Majority Commissioners will take the report under advisement.
Moved by Mr. Jones, seconded by Mr. Flynn, that the meeting adjourn.
Meeting adjourned..
Page 7A
MEMO: Re: The Board of Assessment Appeals
S301 of The Fourth To Eighth Class County Assessment Law, as amended (72 P. S.
S5453. 101) creates a "Board of Assessment Appeals" to be .composed of the three county com-
missioners in each county. The section goes on to provide:
".. , the county commissioners may appoint a board
consisting of three members to serve for terms
which shall expire concurrently, with the terms of
the county commissioners making the appointment.
No more than two such appointed members shall be
members of the same political party. "
It is the opinion of the undersigned that S301 requires, alternatively, either (a) that
the three appointees be unanimously agreed upon by all three Commissioners, or (b) that the
minority commissioner, can name his own minority appointee to the Board.
My reasons in support of this opinion are:
(1) The section gives the power of appointment to "the county commissioners" - not
to a majority of the county commissioners,
11
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MINUTE ■■
35
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
(2) The basic Board membership is the county commissioners themselves. The
appointees are merely the surrogate for the county commissioners. The Board members
should, therefore, identify closely as possible with the three individual county commissioners.
(3) If the majority commissioners, by outvoting the minority commissioner, can
appoint that member of the Board who, by statute, is required to represent the minority politi-
cal party, the statutory requirement of minority representation on the Board would be subverted.
J.
Much criticism has been directed toward the procedures followed by the former
Board. Many appealing taxpayers felt that they had received unfair treatment from: a Board
which performed more as "prosecutor'than as an administrative appeal board.
Fairness and justice would be furthered if the new Board were required to follow
certain requirements of procedural due process. Such requirements should include:
(1) Making a record of appeal hearings.
(2) Giving to both the county and the taxpayers the right of cross-examination.
(3) Requiring the Board to explain in writing its decision.
/s/ Edward M. Paluso
Minority Commissioner
Page 8A
January 20, 1972
HONORABLE MICHAEL R. FLYNN,
Chairman
Board of County Commissioners
Court House
Washington, Pennsylvania
LEGAL OPINION
Dear Mr. Flynn:
To the question you raised about the composition of the Board of Assessment
Appeals.
The law provides that this board shall be composed of the three County Commis-
sioners in each county. In the case of a fourth class county, however, the Commissioners may
appoint a board of three members who will act in their behalf, and will have the authority pro-
vided by the law citation (72 P. S. 5453.301).
There is nothing in the law which provides that a member of a board appointed
must be either a Democrat or Republican. The law provides merely that no more than two of
such appointed members shall be of the same political party. This provision would,, therefore,
apply to any political party, and it was the intent of the legislature that there would not be a
board composed of all members of the same political party.
The appointment is made by all three County Commissioners. There is no pro-
vision for a Democrat Minority Commissioner to be able to appoint a member of his party, nor
is there any provision for a Republican Minority Commissioner to be able to appointea member
from his party. The decision vests in all of the County Commissioners, and this means that
any appointment to the board must receive a majority of the vote of the Board of County Com-
missioners.
I trust this answers the question you raised.
Very truly yours,
/s/ Oliver N. Hormell
Oliver N. Hormell, As*tant County Solicitor
m
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
r
Page,12-A
Date: 1 /20/72
Board of Commissioners
Washington County
Court House
Washington, Pennsylvania
Attention: Commissioners
Michael R. Flynn
Frank Jones, Jr.
Dear Sirs:
In the recent election held on November 2, 1971, the people of Washington County did
not know the final results of the election until about December 3, 1971, one month later. A
few local elections were contested even beyond December 3rd.
Our neighboring counties of Westmoreland, Fayette, and Allegheny knew the results
of their election a few hours after the polls closed on election night.
Also, the announced winner of the Washington County Republican Commissioner's
Office was found to be incorrect and a new winner wasn't declared until a month later.
The reason for the aforementioned events is that Washington County still uses the
paper ballot system while our neighboring counties have voting machines.
The process of checking the election returns and tally sheets by the recount board and
the subsequent opening of all 204 ballot boxes cost the taxpayers of Washington County approx-
imately $5500.
Upon completion of the task of checking return sheets and recounting all ballots cast
for the Office of Republican County Commissioner, the following items were disclosed:
1. In about 70 per cent of the boxes opened, the recount board discovered errors.
2. In almost every precinct ballots were voided for various reasons and votes cast
by qualified citizens could not be counted. In some cases, ballots were voided
incorrectly and the votes should have been counted, but were not.
3. Many votes were lost for various candidates because voters incorrectly voted for
more candidates than were permitted in certain categories; most notably the
County Commissioners' Office.
4. The changes in different precincts ranged from a mere one to fifty-three. Many
changes were substantial in that between 10 and 20 votes were changed.
5. There were 287 changes made in the recount of only the race for the Republican
County Commissioner's Office. It is not known how many errors would have been
found in other races throughout the county.
The use of voting machines would have eliminated most of the errors found and the
speed and accuracy with which the machines can get the balloting job done has been well
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demonstrated in our neighboring counties.
0
MINUTE BOOK 37
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Newspaper editorials, public officials, and concerned citizens throughout the county
have condemned the paper ballot system and have called for the installation of voting machines
in the county.
I personally feel that the accurate and honest count of each ballot cast in a Democracy
such as ours is absolutely essential in maintaining the trust of the electorate in their govern-
ment. In my opinion it is far more important than any single item in our county budget.
I, therefore, suggest that the Washington County Board of Commissioners contact
the Pennsylvania Economy League and ask them to conduct a study to determine the best method
of installing and financing voting machines in Washington County.
THE FOREGOING MINUTE READ AND APPROVED:
ATTEST:
CHIEF CLERK
Minute No. 5
, 1972
Office of the County Commissioners
Washington, Pa., January 27, 1972
The Board of County Commissioners met in regular session with the following mem-
bers being present: Commissioners Jones, Paluso, and Flynn. Also present being: Chief
Clerk Murphy; County Solicitor Capano; Assistant County Solicitor Hormell; Administrative
Assistant Whalen; Mr. John Anthony - Executive Director - Washington County Planning Com-
mission; Floyd Laubham - Washington County Planning Commission; Reporter Roule of The
Monongahela Publishing Company; Reporter Robertson of The Observer -Reporter; Reporter
Liesch of The Brownsville Telegraph; and Public Information Officer Huber.
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. 4, each Commissioner having received a copy.
Moved by Mr. Jones, seconded by Mr. Flynn, that Minute No. 4 be approved, as read.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Reports: John Anthony - RE: Strip Mining Meeting - Harrisburg
Mr. Anthony: We had the scheduled formal conference in Harrisburg last Thursday, January
20, 1972, concerning the ERG Strip Mining Permit Application. Representing Washington
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
County were myself, William Porter - Solicitor for Washington County Planning Commission,
Mike George - Director of Parks and Recreation, and Floyd Laubham. The Department of
Environmental Resources was represented by Walter Kohler - Chief - Mine Drainage Control
Section, Mr. Dubinsky - Deputy Attorney General, and Melvin Shralow - Hearing Clerk. Also
in attendance were property owners in Nottingham Township whose properties are part of the
Mingo `Creek Park Expansion Program. These included a Mr. Lindley, Mr. Hamilton, Mr.
Agostoni, Mr. McDonald, Mr. Curdie, Mr. Prall, Mr. Rosche, Mr. Griffin, Dr. Bartram,
and Mr. Ummell from the McDonald Coal Company. I might add that a stenographic record
was taken of this proceeding and Mr. Porter has ordered a copy of it. The following informa-
tion was disclosed at the conference: First of all, the property owners have been and now are
negotiating with this group called the McDonald Coal Company. I might point out to you at this
point that Arthur Marian Petri, who is the one who is trying to secure the permits to do the
stripping, was not present. He called in saying that he had the flu. The property owners said
that they were not interested in dealing with Marian Petri for leases for their coal. In fact,
Marian Petri has only one lease out there and McDonald Coal Company has the agreement of
the land owners to strip the coal. During the process of the meeting, I made an attempt to find.
out the exact relationship between the owners of the land and the McDonald Coal Company; and
Mr. Ummell, representative from McDonald Coal Company, simply refused to tell us that re-
lationship, if any, he had with these land owners, although it was made perfectly clear through -
out that these people had no apparent interest in dealing with Mr. Marian Petri. So after this
was clarified, Walter Kohler capsulized his information. He also indicated that the permit
application was in the name of Mr. Marian Petri, and not the McDonald *Coal Company. At the
end of their presentation, Mr. Dubinsky, Attorney, turned and asked what scientific data we
had availablo which would bear on the granting of the permit: On the advice of Mr. Porter, I
advised the examiner that we did not want to present any evidence at this time. It was our undf r-
standing that this was a formal conference and not a hearing so we would defer submitting our
evidence to them at that time. We stated that Washington County, in the name of the Commis -
way
sioners, is still opposed to the ERG permit in anyl shape, or form, either in its full capacity
to strip 321 acres or in a partial strip or in the stripping situation where 10 acres was granted,
Following that, Walter Kohler stated that the County would be informed -of further action on
the ERG application. The County Planning Commission meets tonight, and I'm going to make
a recommendation concerning this. I would like, if they agree to it, to present to you in the
next few days my recommendation. I would, at this time, like not to discuss this problem
further in terms of what I am going to recommend to the Planning Commission until they so
desire. I' can say that we have come into some evidence that the County does have a technical
case in this matter, and this will be discussed in detail at this meeting tonight.
1
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MINUTE BOOK 39
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Mr. Paluso: John, about these land owners, was that the majority of the people w1.o owned this
land in question about the stripping?
Mr. Anthony: I believe it is.
Mr. Paluso: What is their attitude? Are they in favor of the stripping?
Mr, Anthony: Yes.
Mr. Capano: I believe, too, that you have a further extension of time in which to present your
evidence?
Mr. Anthony: Yeas, this is correct.
Mr. Paluso: Is it correct that McDonald has not applied for a permit?
Mr, Anthony: To the best of my knowlede - no, they haven't.
Mr. Paluso: Is that a corporation?
Mr. Laubham: We're not sure of the status of this group. This is the first time we have heard
of it.
Mr. Paluso: Well, I think you should check that out. It could be done very easily.
Mr. Flynn: Well, what was the f inal outcome ? Did Mr. Kohler indicate whether he wanted to
have a hearing? Was Mr. Kohler the only one present, other than his counsel., at this conference?
Mr. Anthony: That's right. There were no elected officials present nor were there any other
persons present from the Department of Environmental Resources.
(Mr. Jack Merdian - WJPA - entered the meeting.)
Mr. Jones: John, did these people from Environmental Resources show what their feelings
were?
Mr. Anthony: I think that it is fairly clear that they are going to go ahead and recommend that
this permit be granted if at all possible.
Mr. Paluso: John, did you ask them, if they did grant the permit, if they would be financially
responsible for any damage or pollution resulting from the issuance of the strip mining permit?
Mr. Anthony: No, we didn't raise this question.
Mr. Merdian: May I introduce a comment pertaining to the- subject being discussed. You are
probably aware of the fact that Senator Murphy has introduced a bill falling upon the Department
of Environmental Resources to abide by rules and regulations established by the County and
Municipal agencies. That bill is out of committee now and should be acted on this week.
Mr. Hormell: Did you get the impression that the permit wasgoing to be granted before a
hearing?
Mr. Anthony: Yes, I did. I got the idea that. the permit was going to be granted before a for-
mal hearing and that the hearing would be used as an appeal process on our part if we so desirec..
Mr. Hormell: So then, we could be faced with the possibility that when they are getting this
transcript typed up and the proceeding with the hearing, they could be .down there stripping?
40 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Mr. Anthony: What's been pointed out here is that we are in the process of asking for another
extension of time so that we may prepare a full technical case on this matter.
(More discussion took place between Mr. Hormell and Mr. Anthony)
Mr. Hormell: I think that the Commissioners should authorize either Mr. Capano or Mr.
Porter to immediately file an appeal to the Commonwealth Court and get an injunction on this
matter.
Mr. Flynn: Let me ask this, please. Is it permissible for the Department to grant a permit
without having a hearing?
Mr. Capano: Yes, it is my understanding.
Mr. Anthony: It is my understanding that a hearing in this case would be an appeal from our
part for a permit that had already been granted. We were kind of boxed in up there: They
wanted to see if we had any additional'evidence. Since it was just a conference, Solicitor
Porter advised me not to present any evidence. The Environmental Resources people made it
perfectly clear thet they were going to grant this permit.
Mr. Paluso: Grant the permit to whom?
Mr. Anthony: Grant the permit to Marian Petri. There is something'that I don't know how
clearly it has been brought up, but it certainly is a perfect indication of the circumstances
under which strip mining permits can be granted. This was brought out in the conference it-
self. This strip mining permit can be granted as sort of a "shopping license. " Mr. Mariah
Petri has to have no agreement at the time the permit is granted to get the permit. He can'
take that and go out and shop around us and see if we want to along with this. Then after the
land owners agree to this, there is a form called a Supplemental C which is submitted to the
Department of Mines and that's when they find out who is actually going to get involved in the
stripping. What they are doing is grant a "shopping license" to Mr. Marian Petri. He is now
free to negotiate with McDonald or make whatever arrangements are necessary to come into
the rights to strip this land. There is now definitely a third legal party involved.
Mr. Hormell: I am compelled to say that Mr. Capano and I will take the position that the orily
way we can be protected is to see that no permit is issued until the whole story is heard.
Mr. Capano: I talked with Bill Porter, and the reason he advised not to present any evidence
is because as yet there is really not any technical evidence to present. It's'going to take at
least 45 days to prepare anystudies.
Mr. Flynn: In that period of 45 days, the Department could still grant a permit. I recommend
that we do file with the Commonwealth Court a petition to ask for an injunction prohibiting the
granting of a permit until both sides can be heard.
Mr. Hormell: Or such other action as Mr. Porter might deem necessary to stop the granting
of the permit. You might be able to do it other than having to go into the Commonwealth Court
for that purpose.
MINUTE BOOK 41
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Moved by Mr. Jones, seconded by Mr. Paluso, that on'the advise of Counsel, the
County Commissioners authorize Mr. Porter to 'negotiate with the proper state 6fficials to see
if, in view of the fact that it will take the County Commissioners at least 45 days to compile all
the necessary information to present their case, the state officials will inform him that they
will not issue a permit in that period of time; if they state contrary, then the County Commis-
sioners authorize Mr. Porter to take the proper legal action.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn r Yes.
Motion carried unanimously.
Old Business:
Chairman informed the Board and all those present that the NCR people, in conjunc-
tion with CLT, are working on the machines in the Treasurer's Office. The cashier -adding
machine is in the process of being rewired. All the other machines are working properly.
Moved by Mr. Jones, seconded by Mr. Paluso, that the Real Estate Tax Notices be
sent out by February 1, 1972, and that they be checked by Kay Lawrence and her office.
Remarks:
Mr. Flynn: I suggest that Mr. Capano and Mr. Hormell look into the matter to see if we are
still functioning under the Venango_ Act and whether the 10% penalty is permissible.
Mr. Hormell: I think this is the first time in the history of Washington County that these tax
notices have been sent out before June.
Mr. Jones: I think it is due to the new computers installed.
_Mr. Capano: This system seems to be working out very well.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Correspondence: Mr. Murphy
Chief Clerk informed the Board of the receipt of the following checks from the Com-
monwealth of Pennsylvania, Department of Public Welfare:
(Bill)
(1) Ck. #47-467956 - for Child Welfare Services Invoice (Sept. 1971)
in the amount of $1, 746. 13
(2) Ck. #47-467957 - for Child Welfare Services Invoice (Oct. 1971)
in the amount of $3, 997. 57.
Moved by Mr. Jones, seconded by Mr. Paluso, that the following bill be approved for
payment:
(1) Richard W. Gubanish, R. D. #3, Avella, Pennsylvania, Bill in the amount of
$240.00 for appraising trailer's in Washington County. Approved by Charles Bush.
4. MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M PALUSO, COMMISSIONERS
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
(Budget Items)
approved:
Moved by Mr. Paluso, seconded by Mr. Jones, that the following budget requests be
(1) Washington County Overall Economic Development Program (O. E. D. P. )
First quarterly payment of $4, 143.75 - for combined Washington County
O. E. D. P. and Washington County Public Employment Program 1972 budget.
(2) Washington -Greene County Tourist Promotion Agency - $4, 125.00 - for
the first quarter allocation for the year 1972.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes,
Motion carried unanimously.
Moved by Mr. Jones, seconded by Mr. Paluso, authorizing Michael George, Direc-
tor, Department of Parks and Recreation, to attend the Park and Recreation Maintenance -
Management School to be held at Oglebay Park, January 30 - February 3, 1972, tuition for this
school being $90.00.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chief Clerk read a copy of a letter from the Office of the Greene County Commis-
sioners directed to Mr. John R. Fantz, Administrator, Washington -Greene MH/MR Program.
Correspondence stated that the Greene County Commissioners have appointed County Commis-
sioner, Joseph C. Pawlosky as a member of the Washington -Greene MH/MR Board, succeeding
former County Commissioner,' Herman GugIiotta.
Chief Clerk read the following excerpt from the minutes of the Washington County
Soil and Water Conservation District meeting held on January12, 1972, at the -Ramada Inn:
"Resolved to send a letter to Maurice Goddard, Secretary of Department of Environ-
mental Resource stating that this District is against the stripping of coal in Cross Creek, Mt.
Pleasant, and Mingo Perk Areas. Letter to state reasons against stripping. Prepare a state-
ment to be taken to a hearing, in regard to the above stripping, on January 2 %h at Harrisburg.
Lee Adamson to represent District at hearing. "
Chief Clerk read a copy of a letter sent to Dr. Maurice Goddard - Department of
Environmental Resources - from Roger C. Emelson, Head, Theatre Department of California
State College, California, Pennsylvania. Correspondence stated that information in a recent
edition of the Washington Observer -Reporter leads Mr. Emelson to feel that Washington
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County has not been given all the facts concerning proposed strip mines near Mingo and Cross
MINUTE BOOK 43
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Creek Parks. Correspondence stated that until the public has been completely informed and.
their voices heard, it seems reasonable that no action be taken! Mr. Emelson urges to withhold
permits until Washington County has had their chance to accumulate and evaluate all the mater-
ial in this case.
Mr. John Anthony and Floyd Laubham left the meeting)
Chief Clerk read correspondence under date of January 14, 1972, from Ernest P.
Kline - Chairman - Bicentennial Commission of Pennsylvania, which stated that the Bicenten-
vial Commission of Pennsylvania is determined that this Commonwealth's participation in the
national Bicentennial celebration will be Statewide in scope and that Bicentennial groups be
formed and activited in each of the sixty-seven counties of the State. Correspondence also
stated that the Local Participation Subcommittee ,of said Commission is planning a series of
regional meetings throughout Pennsylvania in order to tell the County Commissioners and their
associates just what the hopes are for appropriate local participation. Correspondence further
stated that the first such meeting will be held at 10:00 a.m. , Thursday, February10, in the
Fort Pitt Museum at Point State Park, Pittsburgh.
Mr. Flynn: I would like to suggest that we change our regular meeting date scheduled for Thurs -
day,- February 10, 1972, at 10:00 a.m. to Wednesday, February 9, 1972, at 10:00 a.m. and
that we Commissioners be present at this meeting in Pittsburgh.
Moved by Mr. Palsuo, seconded by Mr. Jones, that the regular Board meeting sched-
uled for Thursday, February._10, 1972, be changed to Wednesday, February 9, 1972, at 10:00 a.-n.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chief Clerk read correspondence under date of January 20, 1972, from Mrs. Char-
, lotte K. Lane, Executive Director, Washington -Greene County Tourist Promotion Agency, whict_
stated that the Washington Institute of Technology has offered to make a display for the County
which will benefit, not only the County, but the Tourist Promotion Agency. Correspondence
stated that said agency will furnish the material, and the Institute will furnish the labor. Cor-
respondence also stated that Mr. Ralph Stepp of the WASHINGTON OBSERVER -REPORTER had
the brain child. Said display would be an electrified tourist guide map; a large map of Washing-
ton County with points of interest located on the map. Correspondence requested from the Board
of County Commissioners permission to have this map placed on the Court House premises,
some place convenient for tourists.
Mr. Paluso: I think that this is a good idea and we will authorize them to do it; but -at the same
time, we, should ask them to try .to slant this toward the 176 Celebration Year.
Mr. Hormell: Mr. Flynn, have you seen the display yet?
44 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Mr. Flynn: No.
Mr. Hormell: I think it might be a good idea before we permit things to go on County property
that we see what is going to go on it.
Mr. Paluso: Well, it is not made yet.
Moved by Mr. Paluso, seconded by Mr. Jones, that the County Commissioners auth-
orize the Washington -Greene County Tourist Promotion Agency to have an electrified tourist
guide map placid on the Court House premises with the idea that they slant it toward the 176
Celebration Year and with the approval of the County Commissioners and cleared through the
Building Superintendent and Chief Clerk.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chief Clerk read correspondence under date of January 21, 1972, from Mrs. Mary
P. Hodges which stated that Citizens. Concerned for Youth in the Greater Finleyville Area had
instructed Mrs. Hodges to request the County. Commissioners to as§ign several special narco-
tics agents to full time duty in investigating conditions of drug abuse in Washington County.
Correspondence- also stated four or five agents, connected with the Juvenile Division, inter-
changeable and incognito, in various areas where such a problem is prevalent, would do much
to halt this growing menace. Correspondence. stated that said agents' services and cooperation
would be invaluable to local police forces and to school authorities. Correspondence then stated
a recent drug abuse incident in the Ringgold School District. Correspondence requested the
Commissioners' help and cooperation in said matter.
Mr, Flynn: My thinking is that this is a police matter. I am strictly in sympathy, and I think
we should give consideration to this request.
Mr. Paluso: I think we should 'send a formal request to the Pennsylvania Crime Commission
and also to Lieutenant Governor Kline stating that we are aware of the seriousness of this pro-
blem and that we are very interested in whatever help or assistance they can give. We are not
in a position to have a Narcotics Bureau. We should find out from the State what responsibilitiE s
and what aparticipation they are going to assume on this problem. I think we should formally
ask them what their intentions are. I also think that we should be informed of the progress of
conclusions they come up with. Maybe this is the time we are going to have to look into the
matter of narcotics. First, I think we should find out what the State's plans are. We will need
this information regardless.
Mr. Capano: The Mayors of all the Counties are all involved in this matter and have been ,
having meetings and making plans for the control of drug abuse. They are very active.
Mr. Flynn: We will acknowledge receipt of this letter and follow through on Mr. Paluso's sug-
C
C
ge stion.
1
MINUTE BOOK 45
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
New Business:
(Authorization to Advertise)
Moved by Mr. Paluso, seconded by Mr. Jones, that the Washington County Commis-
sioners be authorized to advertise for bids for the furnishing and delivering of Flags and Mark-
ers for Veterans Graves to the Veterans' Department, 67 West Cherry Avenue, 'Washington,
Pa. ^Said bids to be received in the Office of the County Controller until 11:00 a. m. , Local
Prevailing Time, Thursday, February 24, 11972, and opened immediately thereafter in the
Office of the County Commissioners.
Also included in this motion was the authorization for an advertisement to be placed in
ten (10) different newspapers of the County in regard to the Personal Property Tax Department,
Remarks:
Mr. Flynn: I would like to suggest that once these advertisements are drafted, they be cleared
through Mr. Whalen and our legal department.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Solicitor:
Solicitor Capano presented a Park Resident Lease in conjunction with the Department
of Parks and Recreation for the consideration and approval of the Board.
Moved by Mr. Jones, seconded by Mr. Paluso, that the Washington County Commis-
sioners approve and execute the Park Resident Lease between JAMES WEAVER and the Wash-
ington County Commissioners effective the 1st day of February, 1972, in House # 19 in Mingo
Creek County Park; said action based on the recommendation of the County Solicitor.
Remarks:
Mr. Paluso: We discussed this quite thoroughly last week; and we started a new policy of
trying to investigate our employees more thoroughly, and Mr. Jones has taken care of this
matter. Under his recommendation, I think it is appropriate.
Roll call vote taken:
Mr. Jones - Yes; Mr. Palsuo - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
(Tax Refund)
Solicitor Capano presented the following Tax Refund to the Board for their considera-
tion and approval:
Moved .by Mr. Paluso; seconded by Mr. Jones, that the Tax Assessment Office be
authorized to prepare the following tax refund due to either duplication or overpayment of real
estate tax:
FT
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR , EDWARD M PALUSO, COMMISSIONERS
1. RE: Nemacolin Country Club
Beallsville Borough
Centerville 4th Ward
Request for refund is being made it' re the above -named taxpayer. Tax in the
amount of $267.96 net was paid on assessed valuation of $15, 670. on June 28,
1971. Court Order No. 80 July Term, 1971 reduced assessed valuation to
$12, 085. and tax to $206. 65 net, leaving the amount of $61.31 to be refunded.
Tax in the amount of $1, 807. 13 net was paid on assessed valuation of $105, 680.
on June 28, 1971. Court Order No. 80 July Term, 1971 reduced assessed
valmtion to $83, 300. and tax to $1, 424. 43 net, leaving the amouht of $382. 70
to be refunded.
Kindly forward refund check in the amount of $444.01 to NEMACOLIN COUNTRY
CLUB, Beallsville, Pennsylvania 15313.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Solicitor Capano read the following Resolution signed by C. O. Williams, President
of the Centreville Council:
RESOLUTION
MAGISTRATES SITTING IN THE WASHINGTON
COURT HOUSE FOR CERTAIN FELONIES
WHEREAS, the Council for the Borough of Centreville, Washington County, Pennsyl-.
vania sat in regular session on Monday, January 17, 1972; and,
WHEREAS, said Council discussed, with deep concern, the procedure for Magis-
trates holding sessions in the Washington County Court House to hear certain felonies.
'NOW THEREFORE BE IT RESOLVED, that the Secretary for the Borough of Centre-
ville notify the Washington County Courts, that the Council for said Borough express their con-
cern over the procedure providing for Magistrates sitting in Washington for Certain Felonies.
It is Council's feelings that the procedure is costly for the Municipality, will not provide better
service, defeats the purpose of having Local Magistrates; defeats the purpose of the Cbnstitu-
tion providing for Local Magistrates and runs the risk of leaving the Borough unprotected from
crime while the police car and' police are at 'Washington testifying before a Magistrate;
BE IT FURTHER RESOLVED, that copies of this Resolution be sent to the Washing-
ton County District Attorney, Washington County Commissioners, President of the Washington
County Association of Magistrates and Louis Quail, Magistrate for the Borough of Centreville.
Jan. 17, 1972
Date
ATTEST:
/ s / Francis Pagac
Francis Pagac, Borough Secretary
/s/ C. O. Williams
C. O. Williams; President of Council
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MINUTE BOOK 4'7
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Mr. Capano: The whole matter is under the jurisdiction of the Courts and not the County Com-
missioners.
Mr. Flynn: The only point I can see where we would be involved is if there would be.any cost
on the part of the County.
Mr. Whalen: We would be involved in their traveling expenses.
Moved by Mr. Paluso, that the above matter be forwarded to the Judicial Branch of
the County Government since it is their decision to make.
Motion lost for a lack of a second.
Mr. Hormell: I would like to say that I believe that the Resolution was sent to you to keep you
advised and that the reason Mr. Capano presented it to you was because, as Mr. Whalen pointed
out, there is a direct relationship between the cost of the Magistrates and the Court budget.
Assistant County Solicitor Hormell expressed his appreciation for the school that the
Commissioners, Solicitors, Chief Clerk, and Administrative Assistant attended in Harrisburg.
Mr. Hormell stated that the, school was very valuable and that everyone obtained a great deal of
information that would help in saving much time and money.
(Report on Boat at Ten Mile Creek)
Mr. Hormell: Mr. Flynn directed me to make an inquiry on the situation involving a boat down
on Ten Mile Creek. I have done this. First, I consulted with Mr. Capano; and there is present-
ly a law suit pending on this in Federal Court. Mr. Capano has had this continued until February
7 and possibly may get it continued to a later date. For the information of Mr. Jones, and Mr.
Paluso, particularly, the situation is this: We have a Washington -Greene County Tourist Pro-
motion Agency. Some several years ago one of the ideas of this agency was to obtain a steam-
boat called the "Clairton" and have this steamoat placed at a strategic point in Washington Count.-7
for tourist attraction. As a result, the steel company gave the boat to the Tourist Promotion
Agency; but at that time, the Tourist Promotion Agency did not have the legal qualifications to
accept this. Consequently, a title to the boat was issued to Washington County with the thought
in mind that when this matter was finalized it would revert back to the Tourist Promotion Agency
or it would be held jointly between Greene County and Washington County. The boat has been
sitting on Ten Mile Creek for several years. Last Saturday, I went down and inspected it. It
is in a horrible condition and is falling apart. I think it is dangerous. I went from there to see
the party who had made the claim about this boat. I think the claim is in excess of $28, 000.
There are certain legal questions involved here. (Mr. Hormell cited several legal questions
involved). Mr. Capano and I have discussed this and concluded that we have to have more time
to go into it. He has had it continued to February 7. In the meantime, we are going to make
efforts to get bids on this boat to see how much it is worth from someone who can evaluate it.
We expect to be prepared to bring to you an outline of the various alternatives that will be avail-
able to you after we obtain this information so+ that you can make an intelligent decision. The
48 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M PALUSO, COMMISSIONERS
next step will be that I will try, with your permission, to get a hold of the plaintiffs themselves
and try to discuss this matter.
Mr. Flynn: Mrs. Lane called me yesterday and informed me that a gentleman by the name bf
Ziegler knows someone who is interested in purchasing this boat. I suggested to Mrs. Lane
that she contact the interested party and have them send a letter notifying us of their desire.
(Use of Liquid Fuels Monies for Ferry)
Mr. Hormell: The next item is with respect to the use of Liquid Fuels Monies for ferry. I
have taken the position that that was just one facet of the problem and that to do it properly, we
should go into the whole matter. So I made a request from Mr. Huber. He and Mr. Anthony
have gone through all their records and have given me the records appropriate to `the issue,
which we are presently going through. Mr. Capano and I expect to have completed an analysis
on that in the next couple of weeks and will present the various alternatives available to you so
that you can make an intelligent decision.
Assistant Solicitor Hormell read the following Resolution:
RESOLUTION
REAPPORTIONMENT OF WARDS - BOROUGH OF CENTREVILLE
WHEREAS, the Council for the Borough of Centreville, Washington County, Pennsyl-
vania sat in regular session on Monday, January 17, 1972; and
WHEREAS, said Council discussed the need and duty to reapportion the Wards in
said Borough.
NOW THEREFORE BE IT RESOLVED, that the Secretary for the Borough of Centre-
ville, Washington County, Pennsylvania is directed, forthwith, to notify and request the Wash-
ington County Board of Elections and the Washington County Commissioners to analyze the War 3
System in the Borough of Centreville and redistrict same, with the objective in mind that every
person, by their vote, will have an equal voice in Local Government.
January 17, 1972
Date
ATTEST:
(SEAL)
/s/ Francis Pagac
Francis Pagac, Borough Secretary
/ s / C. O. Williams
C. O. WILLIAMS, Pres. of Council
(Mr. Elish entered the meeting. )
Mr. Hormell: In case you are not aware of this, there is in Centreville Borough, for example,
one district that has three times as many voteres than in other districts. Mr. Capano and I
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recommend that we get on this matter right a way.
n
MINUTE BOOK 49
BOARD OF COUNTY COMMISSIONERS WASH NGTLLON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, CMMISSIONERS
Mr. Capano: I don't think we will be able to get the change made before the Primary Election.
Moved by Mr. Jones, seconded by Mr. Paluso, that the Washington County Commis-
sioners comply with said requett to analyze the Ward System in the Borough of Centreville and
redistrict same as per above Resolution and also to authorize the County Solicitor to prepare
the necessary legal papers; said action based on the recommendation of the Chairman of the
Board.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Moved by Mr. Paluso, seconded by Mr. JOnes, that the meeting adjourn.
Meeting adjourned.
THE FOREGOING MINUTE READ AND APPROVED:
ATTEST:
CHIEF CLERK
Minute No. 6
1972
Office of the County Commissioners
Washington, Pa., February 3, 1972
The Board of County Commissioners met in regular session with the following mem-
bers being present; Commissioners Jones, Paluso and Flynn. Also present being: Chief Clerk
Murphy; County Solicitor Capano; Assistant County Solicitor Hormell; Administrative Assistant
Whalen; Mr, George Romanoff - Washington -Greene Community Action Corporation Staff Mem-
ber; Reporter Roule of The Monongahela Publishing Company; Reporter Liesch of The Browns-
ville Telegraph; and Reporter Robertson of The Observer -Reporter.
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. 5, ,
each Commissioner having received a copy.
read.
Moved by Mr. Jones, seconded by Mr. Paluso, ghat Minute No. 5 be approved, as
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
50 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Chairman stated that the regular order of business would be dispensed with in
c)rder that Mr. George Romanoff, Staff Member of the Washington -Greene Community Action
Corporation, could make his presentation to the Board in reference to a new proposed Day Care
Center for Washington, Mr, Romanoff requested the Commissioners' comments on whether
;hey believe said proposed Day Care Center is a good idea, Mr. Romanoff stated that the Com-
munity Action Corporation has one day care center in Washington and two day care centers in
,xreene County. I Mr. Romanoff stated that each year the Community Action Corporation has to
Formulate a new program. Mr. Romanoff further stated that the reason he is before the Com-
missioners this morning without sound, concrete things is that the Community Action Corpora -
;ion has to have their proposal in by March 15, 1972.
Mr, Jack Merdian, WJPA, entered the meeting.
A discussion was held by the Board in reference to the proposed Day Care Center
ror Washington.
Moved by Mr. Jones, seconded by Mr. Paluso, that George Romanoff, Staff Mem-
3er of the Washington -Greene Community Action Corporation, be authorized to make a survey
:o determine if the need exists for a new Day Care Center for Washington County and to propose
a program subject to approval by the Commonwealth of Pennsylvania.
Remarks:
Mr. Jones: If it is a proposal, I will go along with that but before we spend any monies, we
want to see it beforehand so we can sit down and review it,
Roll call vote taken:
Mr, Jones - Yes; Mr, Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Mr. Romanoff left the meeting,
Dld Business - None
Correspondence - Mr. Murphy
;Bills)
"or payment:
Moved by Mr. Paluso, seconded by Mr. Jones, that the following bills be approved
(a) John B. Bruno - fifth estimate for installing cell toilets in County Jail -
$3500. 00 - approved by Anthony Bevec & Warden Roupe. (Crime Commission
Monies).
(b) Griswold, Winters & Swain - Landscape Architects - Mingo Creek County
Park - Professional services in accordance with Agreement dated August 19,
1971 - $2, 990. 72 - approved by Michael George. (Commonwealth Conservation
Assistance Account).
(c) Engelhardt - Power and Associates, Inc. - Job No. 7286 - survey and prepara-
tion of condemnation drawing of Reid property for Dam Site #486 - Harmon Creek
Flood Control Project - approved by John D. Anthony and Clay Graham - $1162, 60.
MINUTE BOOK 51
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
(d) Alex I,. Paris Contracting Company, Inc, - construction of drainage ditch on
Willard Synder property - Site #403 - Harmon Creek Flood Control Project -
approved by John D. Anthony - $1482, 00,
Roll call vote taken:
Mr, Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously,
Chief Clerk read correspondence under date of January 25, 1972, from C. A. William-
son - Operations Officer, State Council of Civil Defense, which acknowledged receipt of the
recent letter wherein the name of Frank Jones, Jr. was submitted as a recommendation by the
Washington County Commissioners to serve as Civil Defense Director for Washington County,
Correspondence further stated that papers relating to Mr. Jones' appointment will be prepared
and acted upon,
Chief Clerk read a copy of a letter from Michael George, Director of the Department
of Parks and Recreation, directed to Mr. Sanford W. Simmons, Secretary - Nottingham Town-
ship, which enclosed two copies of Township Road 605 Survey as surveyed by McClelland, Yuhas
and Associates. Correspondence stated that it is requested at this time that the Board of Super-
visors take necessary action for the abandonment of that portion of the road as surveyed con-
taining approximately . 86 of a mile, Correspondence ,further stated that reference is made to
action taken by the Board of Supervisors in a resolution adopted on August 3, 1970.
Chief Clerk read correspondence under date of January 31, 1972, from Eugene Tena-
glia, Bridge Engineer, which stated that on Monday morning, January 31, 1972, at 10:00 a. m, ,
Mr, Tenaglia met with the Supervisors of Jefferson Township, Greene County, concerning a
walk bridge spanning Ten Mile Creek between Clarksville and Pitt Gas. Correspondence stated
that Washington County will make repairs on this said bridge as per Minute No. 197 dated De-
cember 22, 1971. Correspondence further stated that the Greene County Supervisors recom-
mended that Washingtion County do the entire job and they will reimburse one-half of the cost.
Chief Clerk, in conjunction with Mr. Tenaglia's correspondence, read correspondence under
date of January 31, 1972, from Irene D. Haver, Secretary for Jefferson Township Supervisors,
which advised that the Supervisors are agreeable that the Township of Jefferson will pay one-
half the cost of repair of the swinging bridge at Pitt Gas.
Moved by Mr. Jones, seconded by Mr. Paluso, that Eugene Tenaglia, Bridge Engineer,
be authorized to proceed and repair said Bridge spanning Ten Mile Creek between Clarksville
and Pitt Gas in conjunction with the Township of Jefferson; said action based on the recommen-
dation of the County Solicitor,
Roll call vote taken:
Mr, Jones - Yes; Mr, Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously,
tM
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Chief Clerk read correspondence under date of January 27, 1972, from Mrs, Audrey
S. Kent, Office Secretary - Washington County Humane Society, which requested Washington
County to continue to support the Society's much needed services to the community and make
their annual appropriation to the Society for 1972.
Moved by Mr. Paluso, seconded by Mr. Jones, that the sum of $750. 00 - which is
appropriated in the 1972 County Budget - be allocated to the Washington County Humane Society,
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chief Clerk read correspondence under date of January 27, 1972, from Mr. Arthur
P. Ziegler, Jr., Executive Director - Pittsburgh History & Landmarks Foundation, which
stated that it has been recommended to Mr. Ziegler and to the City of Pittsburgh that they look
into the feasibility of acquiring the Clairton, if Washington County has any interest in parting
with it. Correspondence stated that Mr. Ziegler had merely asked Mr. McAmbley and Mrs.
Lane to ascertain whether the Commissioners would be interested in receiving a proposal from
Pittsburgh History & Landmarks Foundation were said Foundation to become interested in
making one. Correspondence stated that since Mr. Ziegler understands that Washington
County Commissioners would be willing to receive a proposal, he will pursue the matter with
the City and will go out and look the Clairton over in detail and will then determine whether or
not the City and Pittsburgh History & Landmarks Foundation together wish to make a proposal
to Washington County.
Mr, Hormell: I have taken steps to have appraisals made of this Boat both from the standpoint
of salvage value and from the standpoint of historical value. So that we should have an appraisaLl
made on it and will know what this things is worth historically, Now, it seems that this may
be a good time to bring up this point. This case is scheduled for the 9th of February, 1972.
Mr. Capano and myself are trying to get it continued until we can see if this thing can be
ironed out, We do not know whether it will or not.
Mr, Paluso: Would it be in order sometime when you do complete your work on it to see if
anyone would want to bid on this thing,
Mr, Hormell: I think that is an alternative to consider,
Mr, Flynn: There is a possibility that the Planning Commission could have estimates on this
boat as far as salvage is concerned,
Mr. Hormell: I was on the telephone with the attorney for the other side just a few minutes
ago, This isn't all one way - they have a few proof problems that they have to overcome. We
are going to iron the thing out, Our sole objective is going to be to do what you people want.
If you believe that it is to the advantage of the County to keep it for historical purposes or
L
MINUTE BOOK 53
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
whatever you wish - that will be your decision, If you feel that you want to dispose of it - we'll
facilitate that, too. I requested Judge Knox, who is putting the pressure on to bring it to a head,
an additional thirty (30) days with the hope that in that period of time we would have been able
to get all of this coordinated and make a decision,
Chief Clerk read correspondence under date of January 26, 1972, from W. Scott Rus-
sell, President - American Cancer Society, which stated that the Board of Directors of the
Washington County Unit of the American Cancer Society has recently voted to urge the imple-
mentation of solid wastes control by the County Commissioners. Correspondence stated that
the Society's concern arises from the contribution to lung cancer, emphysema, and other res-
piratory diseases produced by the burning of such waste materials. Correspondence stated that
in addition, the use of landfills is also inadequate as the buried materials result in the contam-
ination of water supplies and soil with materials which may very well result in toxic, cancer
causing chemicals.
Chief Clerk also read correspondence under date of January 28, 1972, from Phyllis K.
Ross, which enclosed a copy of a letter that she sent to the Planning Commission requesting per -
mission to s erve on the Solid Waste Co-ordinating Committee,
Mr. Flynn: I would like to suggest to Mr. Merdian that you take this lady's name under consid-
eration for appointment. In sofar as the letter is concerned from the Cancer Society, I would
suggest that the Commissioners acknowledge same and inform the Society just what we are doing
as far as the County is concerned.
Chairman informed the Board of correspondence under date of January 31, 1972, from
Frederick Omer, P. E. - The Gateway Engineers, Inc., Consulting Engineers, Pittsburgh,
Pennsylvania, which stated that said letter is in reference to the application of the NI. C. Amen
Company to the Commonwealth of Pennsylvania for a permit to operate a Sanitary Landfill loca-
ted in South Park Township, Allegheny County, and Union Township, Washington County, Penn-
sylvania. Correspondence stated that the Identification Number on said application is No. 100592.
Correspondence enclosed two letters received from the Department of Environmental Resources
where they request that the County Commissioners indicate that they have no specific objections
to the location of this landfill. Correspondence enclosed a plan showing the location of the site
and would appreciate Washington County's letter of comment.
Moved by Mr. Jones, seconded by Mr. Paluso, that the above request made by The
Gateway Engineers, Inc., be tabled by the Washington County Commissioners in order that the
Washington County Commissioners may contact the local officials in Union Township and arrange
a conference with them and, if necessary, a public meeting if they so desire to determine whe-
ther or not all concerned should go along with said matter.
Roll call vote taken:
54 !MINUTE BOOK
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. Whalen: The first item I have is the strip mining problem at our Mingo Creek Park and
our proposed Cross Creek Park. Those of you who made the Tour on January 10, 1972, with
the group are familiar with these things, We have fortunately been advised by the Department
of Environmental Resources that the public hearing in connection with these two (2) projects has
been set for March 1, 1972, at 10:00 a. m, and I understand that this is fitrictly a new precedent
established by the Commonwealth. This public hearing will be here in Washington and we have
made arrangements for the use of the Orphans Courtroom on the Third flood for this public
hearing, We have not received official notification as of yet, but Miss Barker who is the Pro-
thonotary for that office advised me by telephone that the hearing has been definitely set for that
date. Now this not only involved the application of the Erg, Inc. - the Mingo site but it also in-
volves the application of the Geysegem operation over in the Cross Creek area. So, I have
talked with the Planning Commission for the last two days on this. It gives us a wonderful
opportunity to make every person in the area who is interested in this situation available for
this hearing. The purpose of this they tell me is that they are not as concerned with the mine
drainage problem as they are with the overall environmental problems. For example, they are
concerned about dust, the problem of traffic and the noise factor, On Monday night at the South-
western Pennsylvania Regional Planning Commission, Mr. Jones and I learned that the noise
factor has become extremely important with the Department of Environmental Resources. I
have asked the Planning Commission - Mr. Anthony and Mr. Laubham - to prepare a mailing
list of every known person who has evidenced interest in this matter and that these persons be
notified by mail of this hearing, The Planning Commission asked that certain engineering data
be obtained and they have a proposal here from A. C. Ackenheil & Associates, Inc., Consulting
Engineers, to do the work that they believe necessary. Yesterday I had a commitment from
them. They do believe that this is necessary and this is at a cost of $2400. 00; however, the
Contractor asked for forty-five days to complete their report and I told the Planning Commis --
lion that inasmuch as they felt that this was a very necessary report that I would recommend
the Commissioners approve this but only on the basis that all of the analyses and reports are
prepared so that they are available on the March 1, 1972, hearing date.' So that is a condition
of my recommendation to the Board that this contract be awarded to this company.
Moved by Mr. Jones, seconded by Mr. Paluso, that the contract for providing cer-
tain engineering date to the Washington County Planning Commission be awarded to the A. C.
Ackenheil & Associates, Inc., Consulting Engineers, at the sum of $2400. 00; said awarding of
contract based on the condition that all of the analyses and reports are prepared and available
on the March 1, 1972, public hearing date.
L
11,
MINUTE BOOK 55
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
1
1
Remarks:
Mr. Paluso: What is the deadline date that you are giving them to have the work done?
Mr, Whalen: They must have the report in our possession and be in a position to testify at the
public hearing to explain their report at the March 1, 1972, hearing date set for 10:00 a. m,
Mr. Paluso:- But we will have to have it before that date. The date can't be March 1, 1972.
Mr. Hormell: I would think that Mr. Capano or myself - whoever is going to be involved -
would want to talk to them before the 1st of March, We will establish the deadline through the
legal department. We would like to have it by the 25th of February, 1972.
Roll call vote taken:
Mr, Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
(Appointment)
Moved by Mr. Jones, seconded by Mr. Paluso, that Mr, August H. Engelhardt be
appointed as the Washington County Planning Commission member of the Southwestern Penn-
sylvania Regional Planning Commission to fill the unexpired term of Mr. Louis Waller, expir-
ing in December 31, 1972. Said action based on the recommendation of the Washington County
Planning Commission,
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Administrative Assistant Whalen reported to the Board that the annual industrial Ap-
praisal Report for Washington County has been received. Mr. Whalen explained that said
Report ties in very carefully with the insurance coverages that the County has in effect, Mr.
Whalen further stated that said insurance coverage is predicated on the basis of said evaluation
report.
(Temporary Loan)
Moved by Mr. Paluso, seconded by Mr. Jones, that the Washington County Commis-
sioners authorize the County Solicitor, A. V. Capano, to draft the necessary papers for the
borrowing of $250, 000. 00 on a take -down basis from the Pittsburgh National Bank.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes,
Motion carried unanimously,
Moved by Mr. Janes, seconded by Mr. Paluso, rescirldigg the action taken at last week's
regular board meeting in order that the regular board meeting of the Washington County Com-
missioners may be re -scheduled from Wednesday, February 9, 1972, at 10:00 a, m. (as Per
Minute No. 5 dated January 27, 1972) to Thursday, February 10, 1972, at 2;00 p. m,
56 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Roll call vote taken:
Mr, Jones - Yes; Mr, Paluso - Yes; Mr. Flynn - Yes,
Motion carried unanimously'.
(Holiday)
Chairman noted that the County Courthouse will be closed from 4:30 p, M. on Fri -
day, February 18, 1972,
until Tuesday, February 22, 1972, at 9:00
a, m, in observance of
Washington's Birthday,
Sheriff Debreczeni entered
the meeting,
(Field Registrations - General Primary Election, 1972)
Moved by Mr.
Jones, seconded by Mr. Flynn, that the following Field Registration
Days for the forthcoming
General Primary Election on April 25,
1972, at the designated date,
place andtime, be approved by the Washington County Commissioners:
Date
Place
February 16, 1972
Monongahela
City Building
1to5&6to9
February 17, 1972
Canonsburg
Borough Building
1to5&6to9
February 18, 1972
Fredericktown
Township Building
lto5& 6to9
February 22, 1972
Peters Township
Municipal Building
lto5& 6to9
February 23, 1972
Charleroi
Borough Building
1to5&6to9
February 24, 1972
Monongahela
City Building
1to5&6to9
February 25, 1972
Cecil
1to5&6to9
Firehall No. 3
February 28, 1972
Finleyville
Community Building
lto5&6to9
February 29, 1972
McDonald
Magistrate Office
lto5& 6to9
March 1, 1972
West Brownsville
Borough Building
lto5&6to, 9
March 2, 1972
California
California Borough Bldg,
12to4& 5to8
March 3, 1972
Mt. Pleasant
;Hickory Fire Hall
10 a, m, to 5 p, m.
February 16, 1972
Peters Township
Pleasant Valley School
1to5&6to9
Room417
February 18, 1972
Burgettstown
Borough Building
1to5&6to9
February 17, 1972
Donora
Borough Building
1to5&6to9
Remarks:
MINUTE BOOK 57
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Note was made that the above were tentative dates and that the Commissioners can
add to or delete from this list if they so desire.
Also included in this motion is that the County Commissioners be authorized to adver-
tise for bids for: (a) for the printing and deliverying to the Election Department of the County
Commissioners the necessary ballots required for the conduct of the General Primary Election
to be held on Tuesday, April 25, 1972; (b) printing and delivering to the Election Department of
the County Commissioners the necessary election supplies required for the conduct of the Gen-
eral Primary Election to be held on Thursday, April 25, 1972; and (c) the delivering of the bal-
lot boxes with election supplies to the Judges of Elections for approximately two hundred four
precincts required for the conduct of the General Primary Election to be held on Tuesday,
April 25, 1972; said bids to be received in the Office of the County Controller until 11:00 a. m. ,
Local Prevailing Time, Thursday, February 24, 1972, and opened immediately thereafter in
the Office of the County Commissioners. Said action subject to the approval of the Solicitors
until such time that the Solicitors have gone over the bids and the bids are ready to be adver-
tised.
Roll call vote taken:
Mr, Jones - Yes; Mr. Paluso - Yes; Mr, Flynn - Yes.
Motion carried unanimously.
Solicitor - Mr. Capano
County Solicitor Capano informed the Board that a bill which had been received from
the Washington Hospital in reference to the care of Robert McGlumphy, ward of the County, in
the amount of $6, 628. 33 will be held in abeyance until the County receives notification from the
Department of Public Welfare as to the participation in payment of the bill.
Mr. Hormell: You will recall I reported to you on the Washington Mall and told you that they
had filed an appeal to Supreme Court and requested a re -hearing. I further told you that we
had protested it and requested that the petition be denied. We have verification from the Su-
preme Court that on January 31, 1972, the petition was denied, so that the County's position is
upheld and the Commonwealth's decision stands.
Moved by Mr. Jones, seconded by Mr. Paluso, that the meeting adjourn.
Meeting adjourned,
THE FOREGOING MINUTE READ AND APPROVED:
ATTEST:
CHIEF CLERK
, 1972
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