Loading...
HomeMy WebLinkAboutCOMM - Meeting Minutes - 10 - 3-2-1972 - COMMISSIONER MINUTE BOOK 91 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Minute No. 10 Office of the County Commissioners Washington, Pa. , March 2, 1972 i The Board of County Commissioners met in regular session with the following me - - i bers being present: Commissioners Jones, Paluso, and Flynn. Also present being: Adminis- trative Assistant Whalen; Solicitor Capano; Assistant Solicitor Hormell; Reporter Roule of The Monongahela Publishing Company; Reporter Budinger of The Observer-Reporter; Reporter Liesch of The Brownsville Telegraph; Jack Merdian - WJPA; and Public Information Officer Huber, i 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. 9, each Commissioner having received a copy. Moved by Mr. Jones, seconded by Mr. Paluso, that Minute No. 9 be approved, as read. i Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Reports - None Old Business: Moved by Mr. Jones, seconded by Mr. Flynn, approving the payment of $11, 540. 7 to Carl G. Baker. and Associates for Architectural/Engineering services rendered for design of rnew boiler for Home for Aged Women and in preparing studies and recommendations for renovations to the Courthouse and renovations to the Heating Plant for the Courthouse and Jail. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - No; Mr. Flynn - Yes. Motion carried. Administrative Assistant Whalen read correspondence under date of February 21, 1972, from the Union Township Supervisors which confirmed the recent meeting of February 14, 1972, at 10:00 a.m. at the township building in regard to the request that the Commission- ers received from M. C. Arnoni for a Sanitary Landfill Permit, Correspondence stated that the Supervisors want to go on official record with the County Commissioners that they are not in favor of any expansion of this landfill site. Correspondence also stated that from examining 1 the evidence last Monday, Township Ordinance #18 dated 1/4/60; Township Zoning Ordinance I #33 effective 12/12/71 and the original Court Order dated 10/19/54, prohibits the expansion of 92 MINUTE B o O K BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN. FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS the present landfill property boundaries of M. C. Arnoni or the start of any new sanitary land- fills in Union Township. Correspondence enclosed a copy of a survey, showing the new ground purchased by M. C. Arnoni from Consolidation Coal Company; and stated that the plot former- ly owned by W. G. Snee has not been stripped and therefore the Commissioners have no juris- diction on that particular plot of ground, (Awarding of Contracts for Bids) Moved by ED% Jones, seconded by Mr. Flynn, that the Board of County Commis- sioners award the contract for delivering of the ballot boxes with election supplies to the Judge 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, to EARL RIGGLE, R. D. #4, Box 230, Washington, Pennsylvania 15301, for the amount set forth in his bid; this being the lowest and only responsible bid received in accordance with specifications. Said action based on the recommendation of the County Solicitor. Remarks: Mr. Paluso: We have to have elections so I quess we have to waste this money on ballot boxes and ballots. It doesn't change the primary intention that we could do away with these things and go to the voting machines and probably be a lot better off as far as elections go. Probably for not a heck of a lot more money than we are spending for all these various deliveries, printing, and so on for these paper ballots, I think that this money should be applied to buying voting machines for this county instead of throwing it away like this. This money is gone every year. Mr. Jones: I don't think it is thrown away. Elections are very near and we have to act on this We haven't had time to look into the matter of voting machines. We brought this up before, and I think we should go ahead and pass this. Mr. Paluso: There is no question that they have to be passed. The only reason that I will vote for it is because of the imminence of the election; otherwise, I think it is a waste of mone . Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Moved by Mr. Jones, seconded by Mr. Flynn, that the Board of County Commis- sioners award the contract for the printing and delivering to the Election Department of the County Commissioners the necessary election supplies, required for the conduct of the General Primary Election, to be held on Tuesday, April 25, 1972, to WILLIAM G. JOHNSTON COM- PANY, P. O. Box 6759, Pittsburgh, Pennsylvania 15212, for the amount set forth in his bid; this being the lowest and only responsible bid received in accordance with specifications. Said action based on the recommendation of the County Solicitor, MINUTE BOOK 93 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Remarks: Mr. Paluso: Same remarks as previous. Mr, Jones: Same remarks as previous. Roll call vote taken: 1 Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. i Motion carried unanimously. j I Moved by Mr. Jones, seconded by Mr. Flynn, that the Board of County.Commis- sioners award the contract for the printing and delivering to the Election Department of the j I County Commissioners the necessary ballbts, required for the conduct of the General Primary Election, to be held on Tuesday, April 25, 1972, to BADZIK PRINTING SERVICE, 401 Thomp- son Avenue, Donora, Pennsylvania 15011, for the amount set for in its total bid; this being the lowest and only responsible bid received in accordance with specifications. Said action based on the recommendation of the County Solicitor, Remarks: I Mr. Paluso: Same remarks as previous. Mr. Jones: Same remarks as previous. Roll call vote taken: Mr, Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Correspondence: (Mr. Whalen acting in place of Chief Clerk Murphy) Administrative Assistant Whaled informed the Board of the receipt of the following check: (a) Check No. 271 from the City of Washington in the amount of $1, 392. 58 payment in lieu of taxes - Housing Authority. (Bills) _ I Moved by Mr. Jones, seconded by Mr. Paluso, approving payment of $4, 341. 44 to George Stewart Motor Company for vehicle for the Washington County Airport. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Moved by Mr. Jones, seconded by Mr. Paluso, approving payment of $13 5. 00 to I York, Realty for appraisal service, j Remarks: I Mr. Paluso: I would like to know why this voucher is submitted to a public meeting for $135. 0 when it is my understanding that there were many, many other vouchers that came into this I office between last Thursday and this Thursday of which I was not privileged to see or any of I' 94 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS the regular expenses that were paid. In fact, that goes back to January 3. I would like to kno why this policy, and I would like it explained to me. Mr. Flynn: If that is your perogative, you are certainlyentitled to see them. Mr. Paluso: Where are they, Mr. Flynn? Who has them? Why aren't they routed throughout the County Commissioners, and why would this be put on here to be voted on and no other bills are put on here to vote on? Mr, Flynn: Because this is special. You will find that most of the expenditures are budget items. The expenditures made everyday here have subsequently been approved. The money has been set aside for that purpose. There is no money being spent unless it has been approved. Mr. Paluso: I want these vouchers routed through me before they are paid, and I think that should go for Mr. Jones and yourself. The only people responsible for the expenditure of money are the Commissioners -- not the Chief Clerk. Mr. Flynn: I'll make it a point to see that all bills are routed through your office, Mr. Jones: The Chief Clerk checks all the routine bills; any bill requiring special action is, submitted to the Commissioners. That is the reason for this bill here. Mr. Flynn: I'll instruct the Chief Clerk that from now on all bills received here will clear through Mr, Paluso. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Mr. Whalen informed the Board of correspondence received from Mary Jane Ful- lerton, The Boys' Home, which stated that Joseph Campbell and Gary Burk are in need of dental care. Joseph has four (4) bad teeth, and Gary has eighteen (18) bad teeth. Moved by Mr. Paluso, seconded by Mr. Jones, that the dental assistance for Joseph Campbell at the estimated cost of $35, 00 and for Gary Burk at the estimated cost of $100. 00, be authorized for payment by the Washington County Commissioners. Remarks: Mr. Hormell: Judge DiSalle in a lecture to the Bar Association last Monday indicated that for the County to take care of the delinquents was costing as much as $600 a month for each child in these homes. I am wondering if we have ever made an inquiry or whether there is available any assistance from any other source. Mr. Flynn: Not to the best of my knowledge. Mr. Paluso: I would like to suggest that Mr. Whalen look into this matter. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. MINUTE BOOK, 95 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Mr, Whalen read correspondence under date of February 25, 1972, from the Not- tingham Township Supervisors in regard to the abandonment of Township Road 605 located in Mingo Creek Park, Correspondence stated that it is the desire of the Supervisors to further discuss the abandonment; and therefore, they requested that another meeting be arranged with the Board of Commissioners before any further action is taken by the Supervisors. + Mr. Whalen read correspondence under date of February 18, 1972, from George 1 Messerotes, Chief, .Department of Weights and Measures, which enclosed a monthly report pertaining to Washington County Weights and Measures Department. Correspondence stated that through conscientious efforts, said Department had had a top rating for Fourth Class County for the last eighteen months. In conjunction with the above letter, Mr. Whalen read correspondence from the Department of Justice which stated that National Weights and Measures Week, as proclaimed by the Honorable Milton J. Shapp, commences March 1 through March 7, affords the Bureau of Consumer Protection, Standard Weights and Measures the opportunity to inform the public i what efforts the Bureaus are making to protect the consumer throughout the year. Correspon- dence enclosed samples of distributive materials that may be used within the Board's jurisdic- tion carrying the major functions of the Bureau to the consumer. Correspondence stated that the Department is asking the Offices of Mayor and County Commissioners to declare March 1 I through March 7 as National Weights and Measures Week. Moved by Mr. Jones, seconded by Mr. Flynn, that the County Commissioners comply with the above request and declare March 1 through March 7 as National Weights and Measures Week. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously, (Tax Refunds) {, Solicitor Ca ano resented the following Tax Refunds to the Board for their con- sideration and approval: Moved by Mr. Jones, seconded by Mr. Paluso, that the Tax Assessment Office be i authorized to prepare the following tax refunds due to either duplication or overpayment of real estate tax: 1. RE: Prise, Mathilda Charleroi Borough, 1970 Assessment Request for refund is being made in re the above-captioned assessment for over-payment of 1970 county tax. Tax in the amount of $6. 75 net was paid on July 22, 1970 and payment was duplicated on July 31, 1970. Enclosed find Xerox copy showing both payments. MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Kindly forward refund check in the amount of $6. 75 to MATHILDA PRISE, 208 Fourth St. , Charleroi, Pa. F G 2. RE: Chalfant, John S. 1970 Assessment, California Borough Request is being made in re the above-captioned taxpayer for overpayment of 1970 county tax. Tax in the amount of $5, 81 net was paid on July 23, 1970 and payment was duplicated on August 3, 1970. Enclosed find Xerox copies showing both payments. Kindly forward refund check in the amount of $5. 81 to JOHN S. CHALFANT, 60 South Wade Avenue, Washington, Pa. 15301. 3, RE: Eastham, William F. & Donna Lea 1970 Assessment, Buffalo Township Application for refund of over-payment of 1970 county tax is being made in re above-named taxpayer. Tax in the amount of $66. 86 net was paid by First Federal Savings & Loan of Washington on August 14, 1970, this being the correct payment. Tax was also paid by Concord Liberty Savings & Loan Association of Pittsburgh. Enclosed find Xerox copies of both receipts. Kindly forward refund check in the amount of $66. 86 to CONCORD LIBERTY SAVINGS & LOAN ASSOCIATION, Jenkins Arcade, Pittsburgh, Pa. 4. RE: Scarafiotti, Margaret R. D. 1 Victory Hill, Monongahela, Pa. 1970 Assessment, Carroll Township Request for refund is being made in re the above-captioned taxpayer for over-payment of 1970 county tax. Tax was paid in the amount of $14. 53 and the correct amount of tax is $. 17. As a result, refund is due in the amount of $14. 36. Kindly forward refund check in the amount of $14. 36 to SCARFIOTTI, MARGARET, R D 1, Victory Hill, Monongahela, Pa. 15063, 5, RE: Blythe, Edith May 1970 Assessment, Charleroi Borough Request for refund is bing made in re the above-captioned taxpayer for over-payment of 1970 county tax. Tax in the amount of $33. 52 net was paid on August 11, 1970 and duplicated on August 14, 1970. Enclosed find Xerox copy showing both payments. Kindly forward refund check in the amount of $33. 52 to BLYTHE, EDITH MAY, R D 1, Craven Hill, Charleroi, Pa. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Solicitor Capano presented a Settlement Agreement for Right-of-Way to the Board for their approval. Moved by Mr. Jones, seconded by Mr. Paluso, that the Commissioners approve and execute a Settlement Agreement for Right-of-Way for property located in the Borough of Burgettstown in the amount of $2, 155. 00. Roll call vote taken: MINUTE BOOK 97 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. Solicitor Capano read correspondence from Attorney Robert Ceisler, RE: Title Certificates - Washington County Planning Commission and correspondence from Clay Graham, RE: Bills for Cross Creek Flood Control Project. 1 Mr, Flynn: May I suggest that we hold this in abeyance until such time that we can sit down and discuss this whole matter with Mr, Ceisler. Mr. Paluso: Mr, Flynn, I would like to request that at the conclusion of the regular meeting, e hold a ten-minute executive discussion about something in connection with this matter. Moved by Mr. Jones, seconded by Mr. Paluso, that the meeting adjourn, Meeting adjourned. THE FOREGOING MINUTE READ AND APPROVED: , 1972 ATTEST: CHIEF CLERK I Minute No. 11 Office of the County Commissioners Washington, Pa. .. March 9, 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 Robertson 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. 10, each Commissioner having received a copy. Moved by Mr. Jones, seconded by Mr. Paluso, that Minute No. 10 be approved, as read, Roll call vote taken: Mr. Jones _ Yes; Mr, Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Reports - None 98 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Old Business: Mr. Flynn: In reference to the Minutes, I would like to bring to the attention of the Board, after our last meeting whereby a question was brought up by Mr. Paluso the manner in which we pay our bills, I had Mr. Whalen compile the system and the procedure which is required by statute and how we go about it and the gentleman did compile it the very next day or that afternoon and I understand you have given each member a copy, am I right sir? (Mr. Whalen: Yes) which this compilation of necessary data and the copies of the statutes whereby how we do make these payments, and particularly I would like to point out whereby the Chief Clerk is responsible by law. He must certify and approve of the payments and he does play a very important part and I am sure each one of you members have a copy of this. Mr. Paluso: That doesn't pre-empt the bills being routed through my office however. Mr, Flynn: Oh no, nobody said that. The Chief Clerk has had instructions that all bills will be funnelled right across your desk, sir. However as I said there is a limitation on these payments, the Controller can withhold payment for 30 days. Mr. Paluso: I have some old business to attend to at this time. At the last Salary Board meeting we brought up the fact that it wasn't the proper place to bring this Tax Appeal Board thing up so that we could get it straightened out. I think it is a poor situation we have right now and I would like it cleared up somehow and with that in mind, I would like to move that the Washington County Board of Assessment Appeals be composed of the three County Commis- sioners of Washington County; and that any motions providing for the appointment of a Board of Assessment Appeals composed of persons other than the three County Commissioners, whicli have been heretofore adopted, be repealed, and the reason for that, and I quote paragraph 301 of the County Code: (1) s 301 of The Fourth to Eighth Class County Assessment Law provides that the Board of Assessment Appeals ". . . shall be composed of the three County Commissioners in each county". (2) According to our County Controller, Mr. Elish, and this is in the minutes of previous meetings, Washington County is the only Fourth Class County in the Commonwealth which has an appointed Board composed of persons other than the three county Commissioners. I base that on Mr. Elish's statements in the official records of the meetings. (3) The cost of this Board - approximately $16, 000. 00 is an unnecessary expense, which the taxpayers should not be asked to pay. (4) The County Commissioners themselves are responsible for assuring that tax assessments are fair, equal and uniform; the County Commissioners should not try to escape this responsibility by delegating it to appointees. MINUTE BOOK 99 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS (5) s 301 of The Fourth To Eighth Class County Assessment Law provides that an "appointed board" can only be appointed by "the County Commissioners". The statute does not say a "majority" of the County Commissionerg, but makes clear that it means "the three County Commissioners". Any Board appointed by only two County Commissioners is not legally constituted in my opinion. That's the motion on the floor. Mr. Flynn: Is there a second to that motion? Do I hear a second, your motion is lost for lack of a second. Mr. Paluso: All right, then I move that I, Edward M. Paluso, Minority Commissioner of Washington County, be appointed, without additional compensation, to serve on and as one of the three members of the Washington County Board of Assessment Appeals. Mr. Flynn: Well the Chair rules your motion out of order, sir, Mr, Paluso: Motion is on the floor. Mr. Flynn: Well the Chair rules your motion is out of order in view of the fact that the statute requires, the statute allows rather, that the Board appoint, we may appoint, we have exercise that perogative and two members constitute a majority of this Board. Two members voting in the affirm constitute a majority of the Board. Mr, Paluso: Motion is still not out of order, it doesn't say they have to appoint a Board. I am making a motion and now I want to know is it going to be seconded or not? Mr, Flynn: Contrary to what you are thinking, I am ruling that the motion is out of order. Mr. Paluso: For what reason? Mr. Flynn: For the reason stated, we as a Board here and as the majority members of this Board have already appointed a Board and it complies with the Statute, The Board is duly appointed and constituted as required by statute by the majority of the members of this Board and two members are constituted and powered to act on any matter pertaining to the welfare or conduct of business of this county, Mr. Paluso: We are talking about one specific thing, right? There is no second to the motion, is that correct ? In lack of second, I make another motion then; That the appointment of the three members of the Washington County Board of Assessment Appeals require the unanimous approval and appointment of the three County Commissioners; or, in the alternative, that I, as the duly elected Minority Commissioner, be permitted and empowered to name to the Board that member of the Board who shall not be of the same political party as the other two member and I again quote the County Code: (1) s 301 of The Fourth to Eighth Class County Assessment Law gives the power of appointment to "The County Commissioners" - not to a majority of the County Commissione s. " (2) The basic Board membership is the County Commissioners themselves. The appointees are merely the surrogate for the County Commissioners. The Board members 100 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR , EDWARD M. PALUSO, COMMISSIONERS 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 political party, the statutory requirement of minority representation on the Board would be subverted. Mr. Flynn: Do you make that a formal motion? Mr, Paluso: Yes, I do. Mr. Flynn: Well, I will say that your motion again is out of order. Number one you are asking that you have all three members vote on it. Mr, Paluso: No, I didn't, you didn't listen to the motion. Mr. Flynn: I listened to you, but I must have misunderstood you. What did you say originally there, you started out about the three members approval. Mr. Paluso: When the three members of the Washington County Board of Assessment Appeals require the unanimous approval and appointment of the three County Commissioners, or, in the alternative, that I, as the duly elected Minority Commissioner, be permitted and empow- ered to name to the Board that member of the Board who shall not be of the same political party as the other two Board members, and the reasons were given below. Mr. Flynn: The Chair rules the motion out of order contrary to against statute and it has been my thinking and I have been advised by counsel that two members constitute a majority and two members are empowered to act on any matter pertaining to this county and appointments and the composition of any board. The law specifically states here that minority representa- tion doesn't say who makes the appointments, it says the majority members of the Board. Mr. Paluso: It does not say that. Mr. Flynn: Well, you check the entire code and see. What else do you have sir? Mr, Paluso: And I move in view that the other motions have not been seconded or permitted to be voted on, I move that in order to insure procedural fairness and due process of law to taxpayers who seek relief by appealing their assessment to the Board of Assessment Appeals, that the Washington County Board of Assessment Appeals be required, in all hearings which they conduct, to observe the following minimum procedural requirements: (1) Make a record of all Board Hearings and make available, at reasonable cost, a transcript of such record to all appellants. (2) Permit to all appellants the right of representation by counsel of their choosing. (3) Permit to all parties to the proceeding, both the Washington County Office of Assessment and the appellant, the right of examination and cross-examination of witnesses under oath. (4) Explain all of the decisions in writing with reasons assigned for the decision made, MINUTE BOOK 101 - BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Mr, Flynn: Well I would assume that the Board isn't functioning under some of the requirement that you outlined in your motion, however, the Chair accepts this motion, is there a second to it? Do I hear a second? The Chair declares the motion lost for lack of a second. Anything else Mr. Paluso? Mr. Paluso: Just a comment on the last motion I made, in all fairness to the taxpayer and I kink we have just went through the same thing on a hearing represented by Mr. Hormell before he State hearing we had over at the hotel on strip mining and one of the requests and one of the reasons for this request was cross-examination so that you could get all of the facts brought out in the case and I think in as far as the Board of Assessment Appeals there is no reason why a private citizen shouldn't have the same right as this Board asks the State to give us at that hearing so that we could get to the facts of the matter and that's one of the reasons for this motion. Mr. Flynn: Well, from my experience they do have if any citizen or taxpayer or property owner files an appeal they do have a right, they can be represented by counsel and they do have the right to ask questions, etc. . . Mr. Paluso: The right to cross-examine witnesses under oath, that is not the procedure at this time, I have been to a hearing myself and I am sure Mr. Hormell and Mr. Capano will agree with me that that's not the procedure at this time. They know what the procedure is, Mr, Jones: I don't think we have had any hearings from the Tax Appeal Board, have we? Mr. Paluso: We've had them for 8 years. Mr. Jones: I'm talking about from the first of the year, the Board we did not approve at Salaxy Board. Mr. Flynn:, Any further comments? Anything else Mr, Paluso? Mr. Paluso: Not at this time. Mr. Jones: Are we still under old business: I would like to put this in form of a motion. When Mr. Whalen and I were in Harrisburg on March 8, I happened to run into a friend of mine, Charles E. Beckstrand, from the Automatic Voting Machine Division and I talked to him about it. This has been brought up many times before and this is the reason I am putting it in the for f a motion. I would like to make arrangements with him and bring him into the meeting on the 23rd of this month and demonstrate the Automatic Voting Machine. That's the name of the Company, Automatic Voting Machine Division. Moved by Mr. Jones, seconded by Mr. Paluso, authorizing Mr. Jones to have Mr, Charles E. Beckstrand of the Automatic Voting Machine Division demonstrate the automatic voting machine at the Regular Board Meeting on March 23, 1972, Roll call vote taken: Mr, Jones - Yes; Mr, Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. 102 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Correspondence: Mr, Murphy Chief Clerk presented a telegram from Congressman Morgan stating that the central Monongahela Valley area has been designated as an economic growth center. This designation is part of the economic growth centers development program under the Federal Aid Highway Act of 1970. The program is designated to show that areas with a potential for economic growth can be aided by highway improvements on the federal aid primary system. Chief Clerk presented a telegram under date of March 4, 1972, from Congressman Morgan announcing that the Environmental Protection Agency, Office of Water Programs, Region 111, has approved a grant award in the amount of $1, 377, 750. 00 to the Peters Creek Sanitary Authority in Finleyville. This is for the construction of an intercepting sanitary sewer. Chief Clerk read a Court Order from Judge Richard DiSalle in regards to the Kurt E. Wilson case ordering the County of Washington to pay to Menego's Photographic Studio of Bentleyville, Pennsylvania, the sum of $125. 00. Said order stated that the bill was not in- cluded in the itemization of costs advanced, and expenses submitted by either Oliver N. Hor - mell, Esq. or Paul A. Simmons, Esq. which costs were authorized and ordered by the Court on June 3, 1971. Moved by Mr. Paluso, seconded by Mr. Jones, approving the payment of $125. 00 to Menego's Photographic Studio, Bentleyville, Pennsylvania, Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously, Chief Clerk read a letter under date of February 29, 1972, from William C. Porter, Planning Commission Solicitor directed to Mr. Clay Graham, Land Acquisition Agent in re- gards to the Lerby and Ciaffoni properties at Cross Creek Park stating that they are ready for settlement and closing and requesting that Mr. Graham make the proper requisitions so that the necessary funds may be placed in his hands. The settlement amounts to $25, 000. 00. Attached was a letter from Mr. Graham requesting approval and payment. Moved by Mr. Jones, seconded by Mr. Flynn, approving the payment of $25, 000, 00 to William C. Porter for settlement and closing of the above mentioned properties in Cross Creek Park. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Bills: Moved by Mr. Paluso, seconded by Mr. Jones, approving the payment of the follow- ing bills: (Washington County Jail) MINUTE BDUK 103 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS John B. Bruno - change order to relocate toilets - Bill under date of February 28, 1972 in the amount of $2, 190. 00 John B. Bruno - contract complete - sanitation at County Jail - Bill under date of February 28, 1972 in the amount of $1, 587. 00. (Both bills signed and approved by Warden Roupe and Building Superintendent Bevec) Roll call vote taken: Mr, Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. _ Industrial Appraisal Company - Industrial Appraisal Report for 1972 - Bill under date of March 1, 1972 in the amount of $371. 00 Mr. Flynn gave a brief explanation on how the Industrial Appraisal Report is done for the year as per Commissioner Paluso's request. Moved by Mr. Jones, seconded by Mr. Paluso, approving the payment of $371, 00 to the Industrial Appraisal Company for the 1972 Industrial Appraisal Report. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously, Chief Clerk presented to the Board a copy of the cases processed by the Public Defender's Office for the year 1971. The total number of cases is 405. Chief Clerk read a letter under date of February 25, 1972, from the East Bethle- hem Township Board of Commissioners stating that they have just received unofficial word that the members to the Ferry Commission had been appointed. The Board stated that they are very much disturbed inasmuch as they were not consulted before the appointment of these members to the Commission were made public. The Board further stated that they had recommended several names to the Commissioners and feel that if the names were not suitable they should have been notified so that substitutes could have been made. The Board felt that this was a direct insult to them and would like to know what criteria was used in the selection of these members. A brief discussion was held and Mr. Flynn stated that the intention was not to insult anyone as far as the appointments were concerned. Chief Clerk read correspondence under date of January 31, 1972, from Mr. Paul Onopiuk informing the Commissioners of his resignation as a Director of the Washington County Soil & Water Conservation District in order to become the Executive Assistant for this District, Mr, Flynn: I suggest that we notify the gentleman that we accept his resignation with regret. Mr. Whalen reported on the Application for Subgrant for the District Attorney's Office to the Governor's Justice Commission, Mr. Whalen stated that the only cost to the County would be the salaries paid to the participants in the amount of $610. 50. Mr. Whalen was informed by Mr. Ecker of the District Attorney's Office that the participants will pay their own 104 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS expenses in connection with the conference and will not expect reimbursement for their expens s until the funds are received in connection with said application. Note was made that this has been approved and signed by the Commissioners. Chief Clerk read correspondence under date of March 7, 1972, from Metro Petrosky Jr. , Director, Office of Human Services extending an invitation to the Commissioners to attend the formal opening of the BurgettStown Senior Citizens Center on March 12, 1972, from 4:00 p, m, to 10:00 p. m. New Business: Mr, Flynn - Liquid Fuel Appropriations Mr. Flynn brought everyone up to date on the Liquid Fuels appropriations by pre- senting a list compiled by Mrs. Stevens of the Engineers Department of the figures from 1959 to 1963 and the manner in which the money was distributed. Out of 66 municipalities approxi- mately 26 received money and the majority didn't receive any at all. Mr. Flynn stated that it was strictly done on applitical basis which has since been changed. Mr. Flynn further stated that they have informed the township supervisors and the borough officials that any money to be distributed would be distributed on a fair and equitable basis regardless of politics and would be based on the state formula. Moved by Mr. Jones, seconded by Mr. Paluso, approving the amount of $17, 540. 00 to be distributed as liquid fuel appropriations to all municipalities for 1972 and a cut-off date of June 1, 1972. Roll call vote taken: Mr, Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes._ Motion carried unanimously. Mr. Whalen - County Homes Mr, Whalen read a news release in connection with Chapter 34 which was written into the Labor and Industry Board regulations concerning County Homes effective January 1, 1972: The Washington County Board of Commissioners are presently under a Directive by The Industrial Board of the Pennsylvania Department of Labor & Industry, not to increase the number of patients in either County Nursing Home nor to fill any vacancies which may exist due to the discharge or death of any current patients. We are currently meeting with The Industrial Board relative to their granting us certain variances from Chapter 34 of the Code to permit the County to continue to operate these facilities. These corrections would be inter- im and temporary at an estimated possible cost of up to $300, 000. 00. This is dependent upon the scope of corrections ordered. The ultimate requirement, for immediate attention, is planning for and construction of a new 300 bed nursing home facility at an estimated cost of 4 1/2 Million Dollars. The Board is currently making a study of costs and financing. The MINUTE BOOK 105 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS matter is of an emergency nature at this time and there were no budgetary provisions for such in the current operating and capital budget. Mr. Whalen stated that on February 22, 1972, he, Mr. Jones, and Mr. Bontemp were sworn before the Labor and Industry Board and they cited chapter 34 and the inspections that they have made of the two homes, and they indicated to Mr. Jones, Mr. Whalen, and Mr. Bontempo that they would be receptive to hearing what the County.would propose in the way of making some very needed corrections in the major item which they had under discussion with them. This was the open stairways at the homes. Some of the other problems were the equip- ment, the smoke control equipment, etc. Mr. Whalen further stated that another problem that could arise before the next scheduled meeting on March 22, 1972, is that the County could be required to install automatic sprinkler systems in the homes. After a summation of the problem by Mr. Flynn and a discussion, it was agreed upon by the Board that some action would definitely have to be taken at the next regular board meeting. Mr. Whalen presented to the Board comments and recommendations of the South- western Pennsylvania Regional Planning Commission in regards to the Carroll Township Sewage System Project. The SPRPC provided a favorable review of this project and recommended that I Carroll Township investigate the feasibilities of obtaining sewage treatment from adjacent muni- cipalities. Carroll Township has signed agreements for such treatment, thus eliminating the separate treatment plants proposed in the planning application. Solicitor: Mr. Capano Solicitor Capano presented to the Board a memorandum under date of March 8, 1972, from Amor Flenniken, Director of the Tax Claim Bureau requesting that the Board take action to cancel Minute No, 87 dated September 25, 1969. In said minute it was moved by Mr. Bevec, seconded by Mr. Mazza that property at the time in the hands of Washington County and formerly assessed to John W. Ailes, Stephens, and T. J. Underwood situate in the Borough of Roscoe, Washington County, Pennsylvania described as 2 Lots, Corner School Street and Lynn Street be placed for sale at the next scheduled Free and Clear Sale. Mrs. Flenniken stated hat at a meeting with the Commissioners on March 8, 1972, it was determined that this pro- perty would not be sold at a Free and Clear Sale but would be leased to the Borough of Roscoe o be used as a public park. i Moved by Mr. Jones, seconded by Mr. Paluso, that the motion made in Minute i No. 87 dated September 25, 1969 in regards to the property at Corner School Street and Lynn Street in the Borough of Roscoe, Washington County, Pennsylvania, be rescinded. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously, i 106 MINUTE BOOK 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, authorizing the Tax Claim Bureau to lease the property at Corner School Street and Lynn Street to the Borough of Roscoe for public park purposes only in compliance with the existing statute, subject to the approval of all political sub-divisions concerned and in accordance with the necessary legal documents to I be drafted by Mr. Patrick Derrico representing the Tax Claim Bureau. Roll call vote taken: 4 Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Mr. Hormell presented to the Board a Court Order handed down in the case of the Commonwealth vs. Aubran Wayne Martin in which Judge Sweet ordered the County Commis- sioners to pay the sum of $500. 00 to Mark Goldberg, Esq. on the basis of previous orders made for investigative fees. Mr. Whalen checked into the matter and found that our position is that Mr. Goldberg was not representing an indigent defendant and therefore it is felt that the County is not liable for any expenses incurrec by counsel. Mr. Hormell stated that this Court Order requires an Answer To The Rule that the money be paid consistent to our position and must be approved by the Board before Mr. Flynn, as Chairman can execute it. Mr. Gold- berg filed a petition to proceed in Forma Pauperis and as a result of that the Court had filed an Order which provided that he would not have to pay filing and transcription fees. Mr. Sprague raised a question of this alleging that payment of investigation fees was contrary to the law and contrary to the rules of criminal procedure and asked for a hearing. The Court had a discussion but did not go into a formal hearing and there is no formal record on it. Mr. Hormell stated that this is the second request of this type from the Court. The original request was on October 28, 1971 and Mr. Goldberg was paid $500. 00. Mr. Hormell further stated that if there is to be any payment, it must be based upon the motion which in turn goes back to the Forma Pauperis and there is some question about it. The Answer must be directe to Judges Marino, Curran and DiSalle. Moved by Mr. Paluso, seconded by Mr. Flynn, that an Answer To The Rule be pre- sented to the Court (Judges Marino, Curran and DiSalle) on behalf of the County in reference ' to the Commonwealth vs. Aubran Wayne Martin case. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. ! Motion carried unanimously. i Moved by Mr. Jones, seconded by Mr. Paluso, that the meeting adjourn. Meeting adjourned. THE FOREGOING MINUTE READ AND APPROVED: 1972 ATTEST: CHIEF CLERK