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HomeMy WebLinkAboutCOMM - Meeting Minutes - 52 - 1-18-1973 - COMMISSIONERMINUTE BOOK 439 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. Moved by Mr. Jones, seconded by Mr. Paluso that the meeting adjourn. Meeting adjourned. THE FOREGOING MINUTE READ AND APPROVED: ATTEST: Minute No. 52 CHIEF CLERK Office of the County Commissioners Washington, Pa., January 18, 1973 The Board of County Commissioners met in regular session with the following members being present: Commissioners Jones and Flynn, Absent being: Commissioner Paluso. Also present being: Chief Clerk Murphy; Administrative Assistant Whalen; County Solicitor Hormell; David L. Gilmore, Esquire; Mrs. Helen Miller of The League of Women Voters; Reporter Roule of The Monongahela Publishing Company; Reporter Budinger of The Observer - Reporter; Mr. Earl Bugaile of WE-EG Radio; Mr, Eric Bugaile; and Mrs. Richard Smith, Meeting called to order by Chairman and roll call taken: Mr. Jones - Present; Mr. Paluso - Absent; Mr. Flynn - Present. Chairman asked if there were any corrections, additions, or omissions to Minute No. 51, each Commissioner having received a copy. as read. Moved by Mr. Jones, seconded by Mr. Flynn, that Minute No. 51 be approved, Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chairman made note that last week's meeting had been cancelled due to the illness of the two majority Commissioners. Chairman informed the Board that Commissioner Paluso would not be at the meeting because he way on his way to the Inaugural ceremonies. (Mr. Jack Merdian entered the meeting.), Correspondence - Mr, Murphy Chief Clerk informed the Board of the receipt of the following checks from the Commonwealth of Pennsylvania: 1. Ck. #65-1147696 - in the amount of $7, 500 - for Grant for Senior Activity Center 2, Ck. #31-645040 - in the amount of $1, 224. 17 - for Foster Care Payment for the month of October, 1972 1 A MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR , EDWARD M. PALUSO, COMMISSIONERS (Bills) 3. Ck. #21-649238 - in the amount of $5, 095 - for Day Care Contract #1319, Third Ward Day Care Center - for the month of November, 1972 4. Ck. #21-649237 - in the amount of $12, 844. 90 - for Day Care Contract #1317, Mon Valley United Health Services - for the month of Nov., 1972 5. Ck. #2322 received from the Washington -Greene County Tourist Promotion Agency for Repayment of Loan in Full - in the amount of $1, 000 Moved by Mr. Jones, seconded by Mr. Flynn, authorizing the payment of the following bills: 1. Washington -Greene County MH/MR Program - $1, 613. 00 - for interim care for November and December 2. William C. Porter - $114, 950 - Final closing of eight properties, Land Acquisition - Mingo Creek Park - Approved by Clay Graham 3. Isadore Katz, C. P. , C. M. - $228. 00 - Copy of Transcript of Environmental Hearing - RE: Gysegem Enterprise, Inc. - Approved by Solicitor Hormell 4. Javaid M. Alvi - $900 - Invoice for Expert Witness and Preparation, Conferences and two Court Appearances - RE: Gysegem Enterprise, Approved by Solicitor Hormell 5, Jay W. Troutman - $3, 622. 50 - Legal Services and Special Counsel for Harmon Creek Watershed Project (103 1/2 hrs. @ $35.00 per hour) Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously, Moved by Mr. Jones, seconded by Mr. Flynn, authorizing the payment of the 'ollowing bills: MINGO CREEK PARK DEVELOPMENT - Approved by Mike George 1, Contract #4 - Carnegie Natural Gas Company - $14, 200. 00 2. Contract #5 - West Penn Power Company - $25, 692, 00 3. Contract #6 - Bell Telephone Company - $5, 000. 00 Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. ;Reporter Liesch entered the meeting. ) Moved by Mr. Jones, seconded by Mr. Flynn, approving the following two requests: 1. Request for Eugene Tenaglia, Bridge Engineer, to be in Harrisburg on County Business on January 22nd and 23rd, 1973. 2. Request for Barry Ealy, Thomas Felak, and Michael George to attend a Park and Recreation Maintenance -Management School to be held January 29, 1973 thru February 1, 1973, at Oglebay Park, Wheeling, West Virginia. Enrollment fee being $90.00 per person. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. P� MINUTE B❑❑K 441 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Chief Clerk read correspondence from Mildred C. Starinsky, President, Jefferson- ian Democrat Women's Club which enclosed a check in the amount of $225. 00 which should be passed on to the proper_ person. This project was to be presented in memory of Margaret Gibson. Mr. Flynn suggested that a letter be written acknowledging_ receipt of the above correspondence and to turn said correspondence over to Miss Louise Abel. Chief Clerk read a Western Union Mailgram which stated that the following actions have been taken consistent with the President's Federal Economy Program: 1. A freeze on all new enrollments is imposed through January 31, 1973, for all programs except WIN, Job Corps, Project Transition, Correctional Programs, Disabled Veterans Program,. Tea Programs, and Hometown Plans. 2. A freeze is imposed on all new staff hiring and equipment purchases for all programs except those exempted in (1) above and for Camps staffs. 3. Ongoing projects that expire prior to February 28, 1972, will, at the dis- cretion of the contracting officer, be extended only through February 28, 1973, except those exempted in (1) above. 4. WIN Projects are exempt from the Contract Moratorium and Enrollment Freeze except that state agencies are not authorized to hire any new (outside) staff. Staff transfers from grant activities are authorized. 5. The current PEP hiring restrictions are still in effect for all PEP Programs. Program agents may hire participants only to maintain the Grant's freeze level as established by regional field instruction - PEP NO. 34-72, dated September 8, 1972. Chief Clerk read correspondence under date of January 11, 1973, from ,J. H. Miff- lin, District Engineer, Department of Transportation - RR: Public Meeting, Draft Environ- mental Action Plan. Letter stated that the Pennsylvania Department of Transportation will conduct a second Public Meeting on its proposed Environmental Action Plan as a result of com- ments received in the mail and at the first meeting held on December 14, 1972. Said meeting will be held on January 30, 1973, at 7:30 p.m. in the District 12-0 Office of the Pennsylvania Department of Transportation located on North Gallatin Avenue Extension, Uniontown, Pennsyl- vania. The purpose of this meeting will be to receive comments from those individuals, groups, etc., who have received the Draft Action Plan and who wish to comment on its contents and to respond to questions and clarify issues. Mr. Jones stated that he would like to attend this meeting. Chief Clerk read correspondence under date of January 5, .1973, from Benny Martin, State Conservationist, Soil Conservation Service, which stated that the preliminary draft of the Cross Creek Watershed Environmental Statement has been sent to both the Engineering and Watershed Planning Unit of the Soil Conservation Service, and the field office of the U. S. Forest Service at Upper Darby, Pennsylvania, for informal review. Said letter stated that their reply is expected about January 25, 1973. 442 BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Chief Clerk read correspondence under date of January 5, 1973, from O. Bard Judy, District Conservationist, Soil Conservation Service, which attached a map giving a progress report on the soil survey in Washington County as of December 3.1, 1972, Letter advised that to date, 486, 368 acres of the County has a complete soil survey. The remainder of the County will be completed by December 1973. Chief Clerk read correspondence under date of January 5, 1973, from Mrs. Shirley Pierchalski, Secretary, North Strabane Township Board of Supervisors - RE: New Population Count . Letter stated that said Board had a population count conducted by the United States Department of Commerce, Social and Economic Statistics Administration, Bureau, of the Cen- sus, Washington,- 11 C. , in the month of October, 1972. Enclosed was a copy of the official count of the returns of the Special Census of which the population of the Township of North Strabane, Washington County, Pennsylvania, is 8, 269 as of October 10, 1972. Letter also stated that the Supervisors would appreciate the changing of all records regarding population count so that the annual liquid fuels allocation can be based on the new population figure. Moved by Mr. Jones, seconded by Mr. Flynn, adopting the above census figures as submitted by the U. S. Department of Commerce, Social and Economic Statistics Administra- tion, Bureau of the Census. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chief Clerk read correspondence under date of January 8, 1973, from Richard W. Lindsey, Chairman, Board of Probation and Parole, acknowledging letter of January 2, 1973, requesting the Board of Probation and Parole to assume the Adult Probation Services of Wash- ington County. Letter advised that due to the Board's fiscal limitations, coupled with Revenue Sharing to units of local general government, they will not be able to assume the county's adult probation services as requested. Letter also encouraged the county's continued participation in the Grant -In -Aid Program for the two positions funded in 1972. Chief Clerk read correspondence under date of January 4, 1973, from Mitchell E. Roth, Executive Director, Comprehensive Health Planning Association - RE: Plan for the Washington County Home. Said letter suggested that the Board defer employment of a consult- ing firm until said Association has clearly defined the long-term care needs in Washington County which will enable the Board to make knowledgeable, effective, and economical use of a consulting firm in helping the Board develop their own plan to meet all or part of the total projected unmet need. Moved by Mr. Jones, seconded by Mr. Flynn, holding the above subject in abeyance until such time that they receive word from the Comprehensive Health Planning Association. 1 C L 1 J 1 MINUTE BOOK 443 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Roil call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chief Clerk read copy of correspondence under. date of January 11, 1973, from Thomas C. Berard, Director of Administration, Governor's Justice Commission, directed to John P. Liekar, Esq. , Director, Office of the Public Defender - RE: Court of Common Pleas of Washington County SW-48A-70 - $9, 696. Letter stated that said Commission -has recalcu- lated Mr. Liekar's expenditures to indicate $9, 696 from Federal funds and $8, 273 from Matching contributions, the later representing 46% of the total or more tha)a minimum require- ments.. With this adjustment, the fiscal conditions of the grant have been fully met from this aspect, the project is closed. Moved by Mr. Jones, seconded -by Mr. Flynn, authorizing the payment of $370.70 subject to the receipt of the request. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chief Clerk read correspondence under date of January 3, 1973, from Mrs. Julia. Dohanyos, Avella, Pennsylvania, which enclosed her check to cover "delinquent tax. " Mrs. Dohanyos stated that for many years she paid taxes and feels and takes great pride in never having been in arrears; however, when one is accustomed to being notified by a notice in the mail, Mrs. Dohanyos does not quite understand how one can be penalized when notice was never received. Mrs. Dohanyos advised theBoard that if they checked back for many years, they would see that her taxes were always paid promptly. Mr. Flynn suggested to follow through on this letter and also to acknowledge it. MR. WHALEN Administrative Assistant Whalen stated that since the last meeting, the second entitlement under the Federal Revenue Sharing was received, which made •a, total of $1, 166, 669 that has been received. Two investments halre been made for a 90-day period. Of this, $575, 000 is currently invested in Government Short -Term Notes for 90 days. $575, 000 has been invested in a Certificate of Deposit with the First National Bank and Trust Company in Washington. This leaves a net bank balance, exclusive of these investments, of $16, 669. Moved by Mr. Jones, seconded by Mr. Flynn, having authorized Mr. Whalen to make the above investments. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. 444 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS ;Constable Fees) Mr. Whalen informed the Board of a new Act affecting the Constable fees in the Commonwealth. Basically, the previous fees for serving warrants, releases, etc., was $2. 50. They have been increased up to $5. 00. This act was signed into law on December 28, 1972, and became effective January 1, 1973. ;Child Welfare) Mr. Whalen read correspondence under date of January 2, 1973, from Miss Louise gbel, Child Welfare Services, which stated that Gary Davis, who was under the care of Mon Valley Catholic Social Service until they closed, is now under the County's care and custody. He has been and is in need of dental care. From July 1972 through December 1972, $90-00 has peen spent and an additional $240. 00 will be needed to complete the work. Moved by Mr. Jones, seconded by Mr. Flynn, approving the above payment for dental care for Gary Davis. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. Mr. Whalen: Another matter of note is that it is time to negotiate a new contract with the commonwealth and the Child Welfare Services. There has been quite a controversy existing ever the fact that Child Welfare employees are paid by the County, and they are on the County ?ayrolls. Yet, in the past, the County has been plagued with the Executive Board orders in the ease of salaries for these particular people. A series of meetings have been held between the State Association of County Commissioners and the Department of Welfare. They are in the ?rocess of negotiating a new contract which will eliminate this particular problem, and the State Association has requested that all counties include a new paragraph before they submit ,he contracts back that this provision may be modified by a subsequent agreement between the � ounty and the Department of Public Welfare concerning the method of determining compensa- -ion of its employees. I believe you have a meeting on that tomorrow in Harrisburg, Mr. Flynn, Mr. Hormell: AS I understand it, this contract is to be made up in form, but before we process .hat I would like to.have that contract delivered to us to be certain that those clauses go in it. ;Nursing Homes) Mr. Whalen: During the past year the County has been represented in Harrisburg at two differ - ant public hearings with the Department of Welfare over a change in the regulations concerning nursing homes. Apparently, the pleas of the County have gone unheard because effective Janu- ),ry 1, 1973, the basic objection has been ignored and now private: and public nursing homes are ill considered under the same regulations. We have a new complete set of regulations now. MINUTE BOOK 445 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 1 1 Mr. Whalen informed the Board of a notice from the Governor's Justice Commission regarding a one -day seminar which they recommended that the County sponsor which would bring together the heads of the various Criminal Justice Personnel in the County together with all of the Social Service Agencies so that the public would be in a position to find out just exactly what the duties are of these various groups and what help they can afford to people in specific •cases. David W. Sweet, Planner for the Justice Commission, said that he felt that this could be handled through their Commission with no expenditures necessary with the County. Moved by Mr. Jones, seconded by Mr. Flynn, authorizing that the County co-spons or, in conjunction with the Crime Commission, the said one -day seminar as per above to be coordi- nated by the Justice Commission. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. New Business: Mr. Flynn Chairman informed the Board of the resignation of G. Herschel Fetherlin, Chief Assessor, for Washington County, effective January 19, 1973, at 4:30 p.m. Mr. Flynn: It is regrettable that the man is leaving because he has been a tremendous asset. Chairman informed the Board that as a result of, sending out Tax Notices on Janu- ary 2, 1973, the 1973 Current Real Estate collections from January 3 thru January 17, 1973, is $106, 311.08; this is window collections only. (Authorization to Advertise) Moved by Mr. Jones, seconded by Mr. Flynn, that the Washington County Commis- sioners be authorized to advertise for bids for (1) furnishing Fleet Insurance in a reliable and approved insurance company 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; and (2) the purchasing and delivering to the Washington County Planning Commission, 2198 N. Main Street, Washington, Pennsylvania, one (1) Litho- graph - Offset Press capable of reproducing work in offset of a size to 10 1 /2" x 16 1 /2. " Said bids to be received in the Office of the County Controller until 11:00 a, m. , Prevailing Time, Thursday, February 8, 1973, and opened immediately thereafter in the Office of the County Commissioners. Roll call vote taken: Mr. Jones - Yes; Mr, Flynn - Yes. Motion carried unanimously. Chairman instructed Solicitor Hormell to look into the following: 1. The legal aspects and drafting of the necessary legal papers 'Bo that the question of Home Rule may hopefully be on the Primary Election. FW MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 2. The question of the use of voting machines. Chairman Flynn stated that in an effort to speed community participation and develop a single community spokesman, the Governor's Council on Drug and Alcohol Abuse is requiring the establishment of local Drug and Alcohol Planning and Implementation Councils and Executive Commissions. Mr. Flynn received a copy of the Draft Guidelines for the establishment of Drug and Alcohol Planning and Implementation Councils or Executive Commissions which was pre- pared by the Governor's Council on Drug and Alcohol Abuse. Mr. Flynn stated that he also received correspondence from Janet Abernathy, Secretary, Addictive Diseases Council. Said Letter stated that at the January 3rd meeting of the Washington -Greene County Advisory Council For Addictive Diseases, the members voted unanimously to resign as a Council. Letter also stated that the members of said Council realize that the guidelines recently sent from the Governor's Council on Drug and Alcohol Abuse leave the Washington and Greene County Commis- sioners no choice but to appoint new members, fewer in number and with more rigid qualifica- Lions. Letter further stated that until said appointments are completed, the present Council is willing to serve on a day-to-day basis. Mr. Flynn also received correspondence from James L. Knox, Director, Washington -Greene County Addictive Disease Program, in which Mr. Knox suggested that the Board choose the "MH/MR Drug and Alcohol Specialist" option described in Section 1030. 2 of the said guidelines. Moved by Mr. Jones, seconded by Mr. Flynn, approving the choice of the "MH/MR Drug and Alcohol Specialist" option as described in Section 1030. 2 of the guidelines as per above. Roll call vote taken: Mr. Jones- Yes; Mr. Flynn - Yes. Motion carried unanimously. Solicitor: Mr. Hormell ;Tax Refunds) Solicitor Hormell presented two (2) Tax Refunds to the Board for their consideration and approval. Moved by Mr. Jones, seconded by Mr. Flynn, that the Tax Assessment Office be authorized to prepare the following Tax Refunds due to either duplication or overpayment of real estate tax: 1. Reese, S. S. Box 118, Scenery Hill, Pennsylvania 15360 District: Amwell --- Deed Book Reference: 1281-0749 District Number: 020 --- Section Number: 16 --- Parcel Number: 2 Amount: $1. 03 2. Clement, Martin & Marjorie - 501 Allen Avenue, Donora, Pennsylvania 15033 District: Donora Annex ---Deed Book Reference: 1282-1119 District Number: 245 --- Section Number: 46 --- Parcel Number: 41 Amount: $12. 31 1 1 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 1 E The above tax refunds have been approved by G. H. Fetherlin, Chief Assessor, and Chief Clerk Murphy. Roll call vote taken; Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. (Tax Anticipation Notes) Moved by Mr. Jones, seconded by Mr. Flynn, adopting the following Resolutions and that all of the following said Resolutions and documents be spread upon the minutes in full; said action based on the recommendation of County Solicitor Hormell. 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 1973 tax levies; and WHEREAS, the County Commissioners have solicited quotes from the local Banks for interest rates on a loan of $750, 000.. 00 to be borrowed on a takedown or installment basis of $250, 000. 00 each or in such other manner as the County Commissioners shall from time to time direct and also authorized the County Solicitor 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 would charge an annual rate equal to the taxable equivalent of the prime rate in effect at the time of borrowing, which presently is 3. 12% per annum, and that this rate would remain firm during fiscal year 1973 regardless of any increase or decline in the prime rate; and WHEREAS, the Board of County Commissioners has decided that acceptance of this quote is the lowest rate at which this money is available and the best protection against the hazard of increased interest rates due to inflation. THEREFORE BE IT RESOLVED, that the Board of County Commissioners be author - ized to borrow from Pittsburgh National Bank at any time and from time to time prior to Decem- ber 31, 1973, an amount or amounts not exceeding the aggregat e amount of Seven Hundred Fifty Thousand ($750, 000. 00) Dollars in anticipation of taxes to be collected for the current fiscal year, the loan (s) to be evidenced by Tax Anticipation Notes of the County in form acceptable to the bank, payable on or before December 31, 1973, 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 3. 12% per annum, provided however, that this rate shall remain firm during the fiscal year 1973 re- gardless of any increase or decline in the prime rate; payable at quarter -annual intervals. Said Aug141 A MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 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 taxes 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 Tax Anticipation Notes which s hall 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 Tax Anticipation Notes and affix the County seal thereto, and further that the execution and delivery of the Tax Anticipation Notes 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 18th day of January, 1973. ATTEST: (SEAL) CHIEF CLERK BOARD OF COMMISSIONERS Michael R. Flynn, Chairman Frank Jones, Jr. Edward M. Paluso CERTIFICATION The undersigned Chief Clerk of the Board of County Commissioners of the County of Washington in the Commonwealth of Pennsylvania hereby certifies that the above is a true and correct copy of a resolution duly adopted by said Board at a meeting held on January 18, 1973, at which meeting a quorum of the Board was present and acted throughout. PROPOSAL Pittsburgh National Bank (hereinafter the "Bank") hereby offers to purchase, at par, $750, 000. 00, principal amount, County of Washington (hereinafter the "County") Tax Anticipa- tion Note, Series #1 of 1973 maturing December 31, 1973, with right of prepayment without penalty, and bearing interest at the rate of 3. 12% per annum, payable at maturity, subject to the receipt of the following in form and substance satisfactory to the Bank: 1. A duplicate original of the proceedings authorizing the issuance of the above - described Tax Anticipation Note certified by the Chief Clerk to have been filed with the Recorder of Deeds of the County of Washington and with the Department of Community Affairs of the Com- monwealth of Pennsylvania; 2. The original receipt of the Recorder of Deeds of said County showing that the E I �1 MINUTE BOOK 449 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR„ EDWARD M. PALUSO, COMMISSIONERS 1 G proceedings have been received for filing and that payment of the Recorder's fee has been made; 3. Copy of the County's letter transmitting a duplicate original of the proceedings to the Department of Community Affairs, having attached to it evidence of receipt by the Depart- , ment of Community Affairs; 4. An opinion of the County Solicitor dated the date of delivery of and payment for the Tax Anticipation Note to the effect that the proceedings for the authorization and issuance of the Note have been duly and properly taken and that the Note will be the valid and binding obliga- tion of the County enforceable in accordance with its terms, that the revenues described therein have been validly pledged to the Bank for payment of the Note and that interest on the Note will be free from Federal, State, and local taxation; 5. Executed Note. This proposal is subject to acceptance no later than P. M. , , 19 The Average annual debt service on the Note will be $773, 400.00. WITNESS the due execution hereof this 18th day of January, 1973. PITTSBURGH NATIONAL BANK By / s / C. R. Clark Vice -President ACCEPTANCE Pursuant to resolutions duly adopted this 18th day of January, 1973, the Board of Commissioners of the County of Washington has accepted the above proposal of Pittsburgh National Bank. (SEAL) ATTEST: WITNESS the due execution hereof this 18th day of January, 1973, CHIEF CLERK (EXHIBIT "B") COUNTY OF WASHINGTON BOARD OF COMMISSIONERS Lo CERTIFICATE AS TO TAXES AND REVENUES TO BE COLLECTED AND EXPENDITURES TO BE MADE Pursuant to Section 506 of the Local Government Unit Debt Act, the Chief Clerk of Washington County (hereinafter the "County") hereby certifies that: 1. The undersigned has carefully estimated that the following amounts of moneys will be received by the County from taxes presently levied and assessed and other revenues to be received (including subsidies and reimbursements), and that the following expenditures will 450 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS be made, during the following months in the fiscal year ending December 31, 1973. Cumulative Estimated Estimated (Deficit) Month Receipts Expenditures or Surplus January $ 123, 526 $ 328, 673 $ (215, 147) February 342,198 470,549 (343, 498)- March 598,248 844,860 (590, 110) April 487,454 569,589 (672, 245) May 844,426 586,699 (414, 518) June 1,098,346 444,894 (238, 934) July 1,532,202 453,245 840,023 August September 441,532 174,619 423,690 569,739 857,865 462,745 October 140,573 416,337 186,981 November 335,760 693,759 (171,018) December 247,522 332,935 (256, 431) TOTAL $6, 366, 406 2. In making the foregoing estimate, the undersigned has considered the past and anticipated collection experience of the Borough and current economic conditions. 3. The amount of the borrowing pursuant to tax anticipation notes in the abovemen- tioned fiscal year, including the borrowing pursuant to the County's Series #1 of 1973 Tax Anticipation Note (hereinafter the "Note"), does not exceed $ which is 85% of the sum of the estimated receipts set out above to be received during the period beginning the first day of , 19 (the first day of the month immediately following the date of delivery of the Note) and ending the 31st day of December , 19 (the maturity date of the Note). 4. The maximum anticipated cumulative cash flow deficit for the period during which the Note will be outstanding is computed as follows: Highest cumulative deficit from Paragraph 1 above is $672, 245. 00 (a) -- a) Add one monthls anticipated expenditures (average) $511, 247.00 (b) Deduct cash on hand at beginning of period $405, 009. 00 Maximum anticipated cumulative cash flow deficit' is $778, 483. 00 5. On the basis of the facts and circumstances now in existence and herein set forth it is not expected that the proceeds of the Note will be used in a manner that would cause such u 11JUTE BOOK 451 BOARD OF. COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS note to be an "arbitrage bond" within the meaning of Section 103 (d) of the United States Internal Revenue Code of 1954. The Note is to be issued to finance the maximum anticipated cumulative cash flow deficit of the County, computed pursuant to the regulations proposed by the United States Treasury Department published in the Federal Register on June 1, 1972, and the mount of such note is not greater than the maximum anticipated cumulative cash flow deficit shown in P ar agr aph 4. 6. There are no amounts in a general fund account or any other account available for the payment of the estimated expenditures set forth in Paragraph 1 above which may be invaded to pay such expenditures without a requirement that any such account be reimbursed. IN WITNESS WHEREOF, the undersigned has set his hand this 18th day of January, 1973, Chief Clerk County of Washington EXHIBIT "C" COUNTY OF WASHINGTON WASHINGTON, PENNSYLVANIA Tax Anticipation Note Series #1 of 1973 $7 50, 000.00 The County of Washington (hereinafter the "County"), Pennsylvania, intending to be legally bound, promises to pay to the order of PITTSBURGH NATIONAL BANK (hereinafter the "Bank"), at its office at 6 South Main Street, Washington, Pennsylvania, on or before December 31, 1973, Seven Hundred Fifty Thousand ($750, 000.00) Dollars in such coin or currency as at the place and time of payment is legal tender for the payment of public and private debts, with interest thereon from the date hereof on the unpaid principal balance from time to time outstand- ing at the rate of 3. 12% per annum. Payment of the indebtedness evidenced hereby may be anticipated in whole or in part at any time and from time to time without penalty or premium. The indebtedness evidenced hereby is a borrowing in anticipation of current taxes and other current revenues to be received during the fiscal year ending December 31, 1973, by the County and is to be repaid from revenues received by it during said fiscal year. The County hereby pledges to the Bank and grants to the Bank a fir.st lien and charge on its taxes and revenues to be received between the first day of the month immediately following the date of delivery here- of to the Bank and the maturity date hereof, to secure the payment of the indebtedness evidenced hereby and the interest thereon. The County further agrees to deposit into a separate Sinking Fund, to provide for payment of the principal of and the interest thereon, the following amounts on the following dates: 452 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS June 15, 1973 July 1, 1973 July 15, 1973 $250, 000 $250, 000 $250, 000 This Tax Anticipation Note is executed and delivered pursuant to resolutions adopted by the County upon the affirmative vote of at least a majority of the members of the Board of County Commissioners at a meeting held on January 18, 1973, and after filing with the Recor- der of Deeds of the above County and with the Department of Community Affairs of the Common.. - wealth of Pennsylvania the documents required by Section 508 of the Local Government Unit Debt Act. IN WITNESS WHEREOF, the County has caused this Tax Anticipation Note to be executed by two (2) or more County Commissioners, its seal to be hereunto affixed, and the same to be attested by its Chief Clerk, and this Note to be delivered to the Bank this 18th day of January, 1973. (SEAL) ATTEST: CHIEF CLERK COUNTY OF WASHINGTON BOARD OF COMMISSIONERS By By By "EXHIBIT "A" CHIEF CLERK'S CERTIFICATION ON TAX ANTICIPATION NOTES Name of County: Washington Principal Amount: $7 50, 000. 00 Designation of Notes: Series # 1 of 1973 The undersigned, Chief Clerk of the above -captioned County (hereinafter the "County"), hereby certifies that: 1. The following ia a true and correct copy of resolutions adopted by the affirmative vote of at least a majority of the members of the Board of County Commissioners now holding office ,at a meeting held January 18, 1973: Resolutions of the County of Washington authorizing the issuance of the County's $750, 000.00 Tax Anticipation Note to Pittsburgh National Bank, bearing interest at the rate of 3. 12%, accepting said Bank's proposal, pledging revenues, creating a Sinking Fund, authorizing the execution and delivery of the Note and authorizing the officers to perform all actions necessary and proper for the issuance of the Note. BE AND it hereby is resolved that: (1) The County of Washington increase its indebtedness in the amount of $750, 000, 00 and evidence said indebtedness by the issuance, to Pitts- burgh National Bank (hereinafter the "Bank"), at a private sale, of its 1 MINUTE B❑❑K 453 BOARD OFwCOUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Tax Anticipation Note to be designated generally as Series #1 of 1973, (hereinafter the "Note"); (2) The Note be in the denomination of $750, 000. 00, shall be redeemable at any time at the option of the County without penalty or premium, shall be fully registered without coupons, shall be dated the date of delivery, shall mature on December 31, 1973, and shall be payable at the Washington, Pennsylvania, office of the Bank in such coin or currency as shall be legal tender for the payment of public and private debt s at the time of payment and shall be in the form presented tQ,this meeting and incorporated into the minutes hereof as Exhibit A; (3) The proposal of the Bank to purchase the Note presented to this meeting be and hereby is accepted and _shall be incorporated into the minutes of this meeting as Exhibit B thereto and the Chief Clerk is hereby authorized and directed to execute and deliver a duplicate original of the acceptance of said proposal to the Bank. (4) As security for payment of the Note, the County does hereby pledge, grant a first lien and charge on and security interest in the taxes and all of its other revenues to be received between the first day of the month immediately following the date of delivery of the Note to the Bank and the last maturity date of the Note; (5) The Bank is hereby designated as the Sinking Fund Depositary for the Note and there is hereby created at the Office of the Bank at which the Note is payable a Sinking Fund account into which shall be deposited the following sums on the following dates: $250, 000 June 15, 1973 $250, 000 July L 1973 $250, 000 July 15, 1973 to be held by the Bank for payment of the Note. The Treasurer of the County is hereby authorized and directed to make such deposits. The Bank shall, without further authorization, withdraw moneys from the Sinking Fund and apply such moneys to payment of principal and interest on the Note as the same become due. Moneys to the credit of the Sinking Fund shall, upon the written order of the County, signed by two (2) or more County Commissioners and the Chief Clerk, be invested by the Bank in specified direct obligations of the United States of America, or the Commonwealth of Pennsylvania, or deposited in time deposit accounts with the Bank, which shall mature, or which shall be subject to redemption by the holder thereof at the option of such holder upon the date or dates specified in such written order. (6) Two (2) or more County Commissioners be and hereby are authorized and directed to execute and deliver in the name of, on behalf,of, and under the seal of, the County, one or more Tax Anticipation Notes in t he form and containing terms described above, up to the maximum amount authorized above, to the Bank and the Chief Clerk be and hereby is authorized and directed to attest the same. (7) Two (2) or more County Commissioners and the Chief Clerk be and hereby are auhorized and directed to prepare or to cause to be pre- pared and file a Certificate As To Taxes and Revenues To Be Collected as required by Section 506 of the Local Government Unit Debt Act. (8) The officers of the County be and hereby are authorized and directed to perform all acts which are necessary and proper for the valid issuance and security of the Note. 2. Attached hereto as Exhibit B is a true and correct copy of the proposal of Pitts- burgh National Bank for the purchase of the County's Tax Anticipation Note, Series #1 of 1973, which has been accepted by the County. ' 454 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS r 3. Attached hereto as Exhibit C is a true and correct copy of the certificate of the Chief Clerk as to the taxes and revenues remaining to be collected, prepared pursuant to the provisions of Section 506 of the Local Government Unit Debt Act. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and affixed the seal of the County this 18th day of January, 1973. Chief Clerk (SEAL) County of Washington SOLICITOR'S OPINION COUNTY OF WASHINGTON Tax Anticipation Note Series #1 of 1973 The undersigned, Solicitor for the County named above, does hereby state that in his opinion the resolutions authorizing the execution and delivery of the above -captioned Tax Anticipation Note (hereinafter the "Note"), were duly and properly adopted by the County in accordance with law; that the proceedings for the authorization and issuance of the Note have been duly and properly taken in accordance with law; and the Note when delivered will be a valid and binding general obligation of the County enforceable in accordance with its terms, repayable out of current revenues of the County which, in the opinion of the undersigned, have been validly pledged for the payment thereof. Under present statutes and regulations, interest on the Note is exempt,,' from Federal, Commonwealth of Pennsylvania and local taxation. The undersigned has no knowledge of anything which might impair the validity of the Note to be delivered by the County in conformity with the said resolutions. 1 DATED: January 18, 1973 Oliver N. Hormell;` Cbrurky Solicitor COUNTY OF WASHINGTON Tax Anticipation Note Series #1 of 1973 I, Chief Clerk of the above -captioned County (hereinafter the "County"), hereby certify that: 1. Attached hereto as Exhibit I is a duplicate original of the transcript of proceedingE for the authorization and issuance of the above -captioned Tax Anticipation Note (hereinafter the "Note"), which was filed on J. 19 with the Recorder of Deeds of Washing- ton County and with the Department of Community Affairs of the Commonwealth of Pennsylvania on , 19 MINUTE BOOK 455 BOARD OFCOUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 1 2. Attached hereto as Exhibit II is the original receipt for filing said transcript with said Recorder of Deeds 3. Attached hereto as Exhibit III is a copy of the County's transmittal letter to the Department of Community Affairs with evidence of receipt attached thereto. 4. Delivered herewith is the Note which has been duly executed by the County and is in the form authorized by the Board of County Commissioners. 5. No action has been taken to alter, amend or .terminate the proceedings for the issuance of the Note and all resolutions adopted as part of the proceedings have been signed by at least two (2) County Commissioners, attested by the Chief Clerk, remain in full force and effect and have been entered and recorded in the County's minute book. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County this 18th day of January, 1973. (SEAL) Roll call vote taken: Mr, Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. CHIEF CLERK (Pennsylvania Labor Relations Board - Matter of Employees of Washington County) Solicitor Hormell stated that the first case concerns all those employees not Court - related. That case is a subject of a dispute between the unions. There will be a hearing on this matter on January 24th in Pittsburgh. Consultants will appear as observers. The case of Court -related Employees will be held in limbo and will be held in abeyance until the Labor Relations Board makes a decision on the Exceptions that were taken. The third group involves the County Jail. Mr. Felice is presently engaged in negotiating with the union that has been certified to the Jail. Mr. Hormell stated that as of this time there has been no union certified to bargain fog any employees in Washington County other than the Jail. (Lease Agreement) Solicitor Hormell presented to the Board a Lease Agreement between the Commis - sinners of Washington County and John Kossar to occupy the house known as #19 at Mingo Creek Park. Moy-ed by Mr. Jones, seconded by Mr. Flynn, approving the above Lease Agreement as recommended by Solicitor Hormell. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. (Wayne Cook Landfill) 456 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. Flynn, that authorization be given that the certification be sent to the State that insofar as the Wayne Cook Landfill is concerned, since it is in a mine stripping area, the County has no objections to the granting of a permit. Said action based on the recommendation of the County Solicitor. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. (Resolution) Solicitor Hormell presented to the Board a Resolution whereby the following property be removed from the assessment records and marked "Commonwealth Land - Pennsylvania Game Commission": Assessed to Acreage Township Starvaggi Charities, Inc. 28.93 Smith The Following land was exempt on the 1972 assessment records because of Common- wealth ownership and shall forthwith be restored to the Tax Assessment records effective immediately: New Owner Address Acreage Township Starvaggi Charities, Inc. Weirton, West Virginia 7.1640 Hanover Moved by Mr. Jones, seconded by Mr. Flynn, approving the above Resolution as recommended by Solicitor Hormell. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. (Addendum) Solicitor Hormell presented to the Board an Addendum to the Lease dated June 1, 1972, between Global Development, Inc., and Washington County, Pennsylvania, Said Addendum is for an additional four hundred forty three square feet adjoining that space presently occupied by Tenant. The rental for said additional space is $209.78 per month. Moved by Mx Jones, seconded by Mr. Flynn, approving the above Addendum as recommended by Solicitor Hormell. Roll call vote taken: Mr. Jones - Yes; Mr. Flynn - Yes. Motion carried unanimously. (Court !.Square Arcade) Solicitor Hormell presented to the Board a Resolution whereby the Washington County Commissioners intend to rent the entire second floor of the Court Square Arcade and do by said