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HomeMy WebLinkAboutCOMM - Meeting Minutes - 55 - 2-8-1973 - COMMISSIONERMINUTE BOOK 471 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Minute No. 55 Office of the County Commissioners Washington, Pa., February 8, 1973 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; Administrative Assistant Whalen; Solicitor Hormell; Controller Elish; Mr. John Yuhas; Mr. Frank Roney, Solicitor for the Controller's Office; Mrs. Helen Miller of The League of Women Voters; Mr. Jack Merdian of WJPA; Mr. Eric Bugaile of WESA; Reporter Roule of The Monongahela Publishing Company; Reporter Robertson of The Observer - Reporter; and Mr. Earl Bugaile of WKEG. 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. 54, each Commissioner having received a copy. as read. Moved by Mr. Jones, seconded by Mr. Paluso, that Minute No. 54 be approved, Roll c all vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Disaster Task Force: Mr. Jones stated that after meeting with representatives of the Red Cross and Mr. Bohner of the Civil Defense, it was decided that a Disaster Task Force should be established in Washington County. This task force would be made up of different agencies such as the Red Cross, Civil Defense, Department of Human Services, etc., that are willing to volunteer their services in the event of floods, fire, etc., and can provide immediate help to the people. Moved by Mr. Flynn, seconded by Mr. Paluso, authorizing Mr. Jones, as director of the Washington County Civil Defense Program, to establish a Disaster Task Force in Wash- ington County. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Old Business: Mr. Flynn: As of yesterday under date of February 7, I sent an interoffice memo to Mr. Peter Elish, the County Controller, requesting him to be present at the regular board meeting to be held on Thursday, February 8 at 10:00 a. m, and I stated in there that it is imperative that we V2 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS discuss the contents of your letters to us on the subject of your authority to refuse to pay bills properly authorized by the County Commissioners. And in conjunction with that I sent a letter to Mr. Yuhas and asked him, rather directed him and told him that it is imperative that he attend this meeting this morning. Now, if I may, the reason for that is this: On December 14, 1972, the Board of County Commissioners entered into an agreement with an engineering firm known as McDonald Associates. Now this agreement here is for work to be performed on the Chartiers Creek Flood Control Project. The minutes show that on December 14 and I quote "Moved by Mr. Paluso and seconded by Mr. Jones approving an agreement between the County of Washington and C. Vance DeiCas trading as McDonald Associates Engineers in connection with the Chartiers Creek Flood Control Project, Canonsburg -Houston Reach, said agreement being the sum of $85, 446. 50 for "Concept Development" and the "Basic Services of the Engineer, " Motion passed. Now the records show that I was not present, Mr. Jones was Acting Chairman, in his capacity as Acting Chairman he signed this contract as is indicated here, and the Control - ter has a copy, as Acting Chairman of the Board of Washington County Commissioners. It was just a legal modified thing. On January 4 there was a bill submitted to the Board of County Com - missioners and incidentally I want to point this out, this contract and the wording therein was drafted by one Mr. Robert Zeman, Esquire, who happens to be the gentleman who is the special counsel appointed by the Commissioners on the Chartiers Creek Flood Control Project, and we like to believe that he is very knowledgeable as to what is necessary and what is needed on this project. The contract was agreed to and entered into on December 14. On January 4th at a meeting and I'm quoting from the minutes of the meeting under the title of bills. "Moved by Mr. Jones, seconded by Mr. Paluso, that the following bills be approved for payment" - Item No. 1 - McDonald Associates, it goes on to tell you what it was for: Engineering Services for the County Airport, Engineering Services for the Courthouse, and Engineering Services for Chartiers Flood Control Project which is a contractual arrangement. On the other two projects, Mr. DeiCas was appointed by this Board of Commissioners as the Engineer for these projects. The total sum was in the amount of $11, 305.00. That was on January 4. The invoices were sent to the Controller's Office dated January 5, here it is this is February 8 and these bills have not been paid and the County Controller refuses to pay them. Now I have had several meetings with Mr. Elish in conjunction with Mr. Jones, in conjunction with Mr. Whalen and others and we discussed the legality of his reason and why he doesn't. I informed the gentleman that he is not in the position to execute contracts, he is questioning the propriety of the contracts, he has sent to me letters under date of January 29 which was hand delivered last Friday which was February 2 and he questions every one of these invoices and he wants to know where the profes- sional technical work was involved. He raises a lot of questions which in my opinion, based on advice received from our legal department, are no concern of his. Each one of these invoices I L� MINUTE BOOK 473 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS r.rAlF the gentleman was given a copy of and we went to the trouble in order to try to satisfy the Con- troller's Office of giving a detailed report of all work that was performed there. The. question is who is in the position to execute contracts. He certainly has the right to question any contract if he thinks there is anything wrong or anything irregular or anything, in the words that have been used, somebody trying to steal, I've heard this language being throwed around, or crooked, and I Make a resentment to that. My position is this, if there, is something wrong then certainly it is his responsibility to bring it to the attention of this Board and the taxpayers of this County. However, I do take exception to the manner in which he goes about it. Now in his -letter we received hand delivered on the 29th, in order to try to more or less satisfy the request, which is unnecessary, absolutely unnecessary, I went to the great length to have McDonald Associates submit to me this detailed report of everything they had done on these four different invoices, As of Monday, the gentleman sends me another letter. This is referring to Chartiers Crebk Flood Control, now I just want to quote this: "Dear Mr. Flynn: In reference to payment of. Invoice No. 4711105 which is based on Section 8, Paragraph 1 of the "Concept of Development" section of an agreement which McDonald Associates and Washington County for the Chartiers Creek Flood Protection Project, I find that the agreement has the signature of only one (1) Commissioner and it is my opinion, irrespective of the legality involved (this is good, irrespec- tive legality, it's just his opinion) that an agreement of this magnitude should have the approval cf at least two (2) Commissioners. " Well, we have legal advisors also and irrespective to what his individual opinion is, many times the records will show that one (1) Commissioner or particl - Larly the Chairman of the Board or the Acting Chairman is authorized to pay bills or signtconr- tracts, etc., which is a legal document. To me this is picayune. "Secondly, our preliminary studies show that this agreement is extensive and unnecessary work is being done for the perfor­ mance of this project. Before processing this invoice for payment, I would like to go over these matters with you. " Well, I want the record to show that we did go over these matters since receiving this letter. We talked to the gentleman. When I say we, I am thinking of Mr. Jones and myself and our Chief Clerk, Mr. Whalen, our legal counsel, and everything else. Now, the point that I resent that Mr. Elish in his capacity as Controller used the services of one of the County Commissioners' employees, you, Mr. John Yuhas, to advise him on the Airport and ether phases of this here, which I don't think is a matter of principal. I think it is wrong, as the man has no right of going to you as an employee, as an engineer and getting your advice. It seems to me that there should be some ethics among professional people axed if somebody wants to question the propriety or the authority or the content of any, contract when it involves profes- sional people, then they should come forth. This is where the status is right now, our position as Majority Commissioners. This man, Mr. Elish, has no right, no legal right to take the josition that he has.. If he does then it is time we abdicate our position and let him take control. V4 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS airp That is the extent of what I have to say. Mr. Yuhas: I didn't give Mr. E1ish any advice or any information. He came to me and asked me if I would go out to the Airport with him and show him our holdings, what we had, what we owned out there and our property lines and what buildings we owned which he said he didn't know, Also he asked me to show him where the slide area was which I had done. This is all I had done [ never gave him advice on anything. I didn't know what was going on, no one informed me. That is all I had done. He asked me and I didn't think it was anything wrong since he was a County official. Mr. Flynn: Well, I find something wrong in it. I think you should have notified the Chief Clerk to the Board of County Commissioners. Who is Mr. E1ish? Is he an Engineer? Who is he to question the propriety? Mr. Yuhas: I didn't think I was doing anything wrong when the_man asked me to take him out there. If I did, I sure apologize. Mr. Jones: Well if you thought there was anything wrong John or you didn't think, you should , have called us and let us know what's going on, which you do all the time anyway. Mr. Yuhas: Well I just thought since he was an official that he wanted to know what we owned out there. He didn't even know what hangars we owned out there until I showed him. I didn't know what purpose he wanted it for or what he wanted to know. Mr. Flynn: My only question is if the Controller has any reasonable doubt that there is some- thing irregular about any contract, any hanky panky, I want him to make the charges right now. Mr. El.ish; I think in the first place - I'm going to speak for awhile like you (Mr. Flynn) did. You don't know the nature of the. Controller's Office. My.job is to see that everything.i.s done properly. I have no administrative ability, that is true, as far as the Controller's Office is concerned, but I do have the right to see that everything is done properly and in accordance with the law and in accordance with proper procedures as far as expenditures are concerned. This Ls my perogative, this is my right as Controller if I am going to function as a Controller in the County, to which the people have elected me for quite a number of times. Now lets go back to Chartiers Creek Flood Control first. I have my Solicitor here and,you know that Purdons S504 Sub -Section B, and Mr. Roney has it here, spells out that any document of any magnitude has to 'be signed by two (2) Commissioners. We always have done it, in fact, its been years and years that three (3) Commissioners as a rule have signed all agreements of this nature, if you go back through your records. This is the first time only one (1) Commissioner signed an agreement in which there is involved $85, 500. 00. Now, under Section 1702, County Code, it gives me powers - to determine as to what is going on. I have asked you for McDonald Associates to give reasons why they sent vouchers for $2700.00 approximately and we did receive these letters here and they do not spell out the work he has done. I could write up a letter like this. He has been very MINUTE BOOK 475 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS critical of everyone else. In fact, if I was Mr. Yuhas or Mr. Baker, I would take exception and with the Planning Commission because he is taking them all sort of over the coals. The fact of the matter is -- what has he performed? That is all I want to know. If it is satisfactory, I will pay it. As far as Chartiers Creek is, concerned, in the first place, what business do we have to pay him $8, 500.00 without performing anything, any services on that: We have never done that before, to advance a professional person 10% of the total contract. Secondly, what I want to know is why we have had four (4) projects of this type in this County, West Pike Run, Canton Township, Burgettstown, and Phase 1 of the Chartiers Creek Flood Control. We have never had these kind of requirements as it is in this agreement for an engineer to perform. Nov - if all this work has to be done, surely we have a Planning Commission, we've had it for years, they have,. I would think, the maps and the other things that are necessary and the Assessment Office would have it. The only time you actually need an. Engineer to do the type of work that he is asking to do is when there is land condemnation proceedings, but I don't think you're going,to have them. We didn't have them in the other phases because most of the people who are border- ing Chartiers Creek will be happy to have it foxed and be flood controlled so they're property will not be jeopardized and damaged as in the past years. And I ask this, we should have some competitive pricing from local engineers who are familiar with this. If I would want to know something in Canonsburg -Houston area, I would get the engineers from there. But if I wanted to know something about Charleroi or Speers or those areas, sure Mr. DeiCas is very familiar. Under the present Supreme Court ruling, we can with all propriety and with all respect to the law ask for quotations and the engineers will render. It used to be that they couldn't because they had a closed shop like doctors or other professional people but that has been upset by the -- it isn't a bid but it is a quotation. We should have several quotations. This is $85, 000.00 and I think that the state is only appropriating $120, 000. 00or $60, 000.00 for us to meet surveying and legal fees. We are paying more for the engineering services than actually what the total expendi- tures would be. That is like paying,the architect more than what the building is worth. I'm just a layman, I'm just Controller but surely somebody is saying whay didn't we do this before, why didn't we do,it in Canton Township, we never ,had these problems before where we had to pay an Engineer $85, 000. 00. You have an engineer here. He's been disabled for awhile, but he's done a terrific service. Mr.Flynn: Ask the gentleman what the status of our project is, ask the gentleman what the status of this project is as far as the Corps of Engineers is concerned. Ask him how far we're behind. Mr. Elish: Which one? Mr. Flynn: Ask this gentleman here (Mr. Yuhas), ask him how far behind in this project we are. 416 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Mr. Elish: I don't know, the Corps -of Engineers don't have to ---I have talked to them several times. I was in Pittsburgh several times talking to those gentlemen, there didn't seem to be any problem. They have their work planned out. I don't know - is there any John? Mr. Yuhas: Well, back, correct me if I'm wrong Mr. Flynn, in 1970 or 1971 in June they had Sent us a letter to start getting right-of-ways and Eugene and I were supposed to go get them. 'We sat down and had a meeting and we were supposed to go get them and you (Mr. Flynn) said you would authorize us and you never did tell us to go, then I got sick the first of this year. WaE chat 1970 or 71 ? Mr. Flynn: 1971, Mr. Yuhas: June or around in there. You never authorized us to go and get started. Mr. Flynn: What do you call authorize? Put it in writing? You were directed to do it. Mr. Yuhas: No, you didn't tell us to go. Mr. Flynn: Well I am not going to argue the point, lets go back to Mr. Elish, Mr. Elish: Coming back to the County, I am the County Controller. Surely I expect and do receive cooperation from most of the County employees when I am looking for something specifi(, :)r anybody in my office. This is a perogative of the County Controller. If not I could subpoena Zim, I have that power. I am the only County official who has. I have never resorted, I think once in my life since I have been Controller, but I don't want to do this. The only thing I want .o see is that there has been services rendered and whether they should be paid, now so far neither one has and until such time ------- you can always mandate this. r. Flynn.- Listening to your remarks, it is quite evident to me that you are not familiar with the operation and functioning of the Planning Commission. It is quite evident to me that there Ls no comparison with the Chartiers Creek Flood Control Project in Canonsburg like there was in Canton Township, the city of Washington. This involves millions and millions of dollars, you .understand? There is one hundred and seventy some properties involved, Mr. Elish, from Phase 2 of -this project, which this man can substantiate. There are one hundred and seventy some properties involved. We have to establish property lines, relocate utilities, etc. This doesn't involve work? We have no maps showing it. Regardless of what you may think, And I just want to say one thing to you sir. This is from our Solicitor and let me -quote from an apinion: "The Commissioners are trustees and managers of the County in its financial affairs and they make such contracts as may be necessary for County and in effect to the laws relating to the County. " Now Mr. Elish and further "A County Controller" and I'm quoting the law here sir "is not in charge of the management of the County business" and this is case record, this is a matter of record, " and is not entrusted with the duty of supervising contracts of other depart- ments but his office is to see that the various departments do not exceed their appropriations 1 nor apply them to purposes not within their proper scope. " My thinking is that you have over- MINUTE BOOK 477 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS E E stepped your bounds and I don't mind --I want the record to show that I am not going to tolerate it and it seems to me that you say that it is your right and it sure is but you pick the most appro- priate times and the most appropriate cases perhaps to find fault, now if you do this on every contract, sir, every contract we execute or any business that we transact I can assure you that we would never get anything done in this County. Mr. Jones: Well I think I can interject a little bit here as far as some of the answers on this Chartiers Creek thing. We knew we were behind because we had talked with Mr. Yuhas and with the Corps of Army Engineers and we were so far behind on acquiring this ground that we had to do something. We had brought Mr. DeiCas in, he explained to us what we had to do and if I remember correctly when we had first talked about it, we as a Board of County Commis- sioners thought that his sum was quite high, Mr. Paluso had questioned it. We had then brought Mr. DeiCas in he gave us an explanation of what he had to do because of them maps, the points in the creek and the surveying work that had to be done. This was questioned by our own board here. We then brought Corps of Army Engineers in, I can't remember their names. Mr. Flynn: Mr. Lucas, a million dollars worth of talent from the Army Corps of Engineers. Mr. Jones: They were all here, we sat down and went over the project. They said the same thing that you have to have these maps. You have to find the points in the creek. . I'm not an engineer. I'm only going by what the Corps of Army Engineers told us about what Mr. DeiCas said. I think there was explanation given, the total project. These are people property, their homes down there and we have to go strictly by law. That is the reason why-;, we have a legal department, we go on their advice, This is what we are doing, Mr. Hormell perused the' con- tract, it was fine, Mr. Paluso had questioned it and there was a thorough explanation given of the whole thing, running through -the whole project. The same way with the, Airport. We've beeno doing a lot of work down there. We went down to the Federal Aviation Administration in Harrisburg, we had our legal department with us and I had taken Mr. DeiCas. These are things that they pointed out that we have to do if we're going to do with our Airport. You have to have a Master Plan, etc., It is them that set the regulations up. We're only abiding with what they are directing us to do. So that is the explanation of that. Mr. Flynn: I would like the record to show that although I wasn't present at that meeting, and had I been present, I would have voted the same as these two gentlemen here. Mr. Elish: All right, what about the signature? Mr. Hormell: I can comment on that. First of all, it is true that any document or instrumental-ty that is executed by the Commissioners should have at least two (2) signatures. This is true. Now that however does not go to the gravamen of this case. That's a very simple matter. Mr. Paluso is recorded as having voted yes and Mr. Jones is recorded as having voted yes and all that would be necessary on that is for Mr. Paluso to just sign his name where Mr. Jones had 478 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS its signed. It is really just a technical thing that really doesn't require going into the merits of this matter. As far as the other things are concerned, I think they are quite obvious. Mr. Paluso: Well I would like to comment on that too, when this was brought up, Mr. Elish, I seriously questioned that contract. As a matter of fact, we delayed bringing it up for a week in order to have more explanation made, at least to- my satisfaction anyhow. It was with great reluctance that I decided that we had to do it in my own mind. However, I disagree with Mr. Flynn, it doesn't hurt anything for the Controller to question any financial matters, as a matter of fact, I would welcome the questioning because that's the way that these are satisfactorily explained. I take no exception to your inquiries, I think it's good. At least now I think some- body besides the Board of County Commissioners is paying attention to what's going in this County. I don't think there is anything wrong infact I welcome your comments on that. And I also say that -it was with great reluctance that I voted for this. It was explained to me satisfac- torily by Mr. Zeman, DeiCas, Yuhas, and everyone else involved that it had to be done. I think the value of this particular work on this project will keep us out of litigation in the future. None of these property lines have ever-, been identified and marked down there. -Now I'm giving you Mr. Zeman, who is the land acquisition man down there on this whole project. Now this is his explanation. Now in the future the property could change hands several times it could be quite possible to go to great expense down -there to find out what belongs to who. According to him, it's never been done along that creek. There are no definite boundaries on it, there - are no definite points there are no markings. • According to DeiCas, that's what costs a lot of money. But I do welcome your comments. I'm glad you questioned it, I questioned it myself. Mr, Flynn: We're talking right there on that bridge, Mr. Elish, One million dollars property damage. Right there. The point I am bringing out, I am sure you are not aware of the volu- minous amount of work involved in this project. Now I want -to set the record straight as far as the comments made by Mr. Palusb. We as the majority Commissioners, it certainly is this man's right and perogative, it certainly is, but my point is this, we as majority Commissioners, we are the ones that take the harrassment. We're the ones they come to and want to know why they're not paid. Isn't that right, Mr. Elish; they come to us as majority Commissioners. Wh;7 aren't we paid? I am the one as Chairman of the Board that has to force the issue with. Mr. EliE'h and he knows that he has only 30 days in which to approve or disapprove and he must submit to this Board in writing. But he doesn't do this, I have to force the issue. Mr. Elish: I would like to ask Mr. Yuhas a question. In the first place of the Chartiers Creek Project, Morganza, how many properties are involved? Mr. Yuhas: I don't have the least idea how many properties are involved. Mr. Flynn: Tell him, the major portion of the properties are owned by whom. 1 Mr. Yuhas: The state. MINUTE BOOK 479 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALVSO, COMMISSIONERS meu, Mr. Flynn: The state of Pennsylvania., simple process, wasn't it? Mr. Elish: Well, the major ones up here are owned by two or three individuals. Mr. Flynn: You have one hundred and seventy property owners, Mr. Elish, from the second, phase up to Brush Run in Houston. Again, I am saying that you are not familiar with what you are talking about. I suggest that you make an in-depth study. Mr. Yuhas: We have more than 170. Mr. Flynn: That's what I'm saying, they don't realize. Mr. Elish: Well wouldn't you be better off to hire the County Engineer. Of course this is not my perogative. Mr. Hormell: Mr. Flynn at this point I would like to make this a matter of record.- Because, as Mr. Elish says, this is not his perogative. The County Controller has certain discretionary powers which he has indicated but these are not applicable to the management and fiscal affairs of the County Commissioners. Now he can refuse to pay the bills but they must fall in the fol- lowing categories: (1) Where it. appears that the transaction was not authorized by law, that does= not appear to be the case here; (2) Where it was not undertaken according to law and that does not appear to be the case; (3) Has not received approval according to law; it has received that approval; (4) Where he desires upon reasonable grounds to investigate, and he. conducted an investigation; or where he has discovered any fraud, .flagrant abuse of public office, criminal act or neglcct so I would have to say that with the exception to the fact that I think the point is well taken that there should be two signatures on that document, which is easily rectified in the manner ,that I have indicated, that the Controller has no basis for making any inquiry in this case other than that. Now, what happens to that, well, of course, Mr. Elish is an elected official and he is expected to perform his duties. If he doesn't pay it he is supposed to notify you within 30 days of his reasons and you have received that notification. Now you are at the point where you consider the bill, and if you consider that it should be paid then you shall_ so notify the Con- troller. If thereafter he refuses to pay it then no payment is to be made except pursuant to an Order of Court which means that you would have to present a petition to the Court setting forth the issues and getting a Court Order on it. Now I interjected at that point because there seems to be some confusion as to just what duties or responsibilities there were. Mr Roney: I don't think the County Controller is.infringing upon the perogatives of the County Commissioners. He certainly has every right, even under the Section to which the County Solicil- for alluded. He has the reasons and bounds to make an investigation here which he has conducte 1 an investigation and that is proper for him to do. Its proper for him to question .any bill that is submitted to him and to see whether the services have been performed or not. He is the watch- dog of the County funds. In this particular case this contract that was submitted to him together with a statement to be paid didn't contain the signatures of two County Commissioners and this 480 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS r _ _ is mandatory under Section 504 of the County Code, and Mr. Flynn, you are shaking your head no. Mr. Flynn: That's right, I have signed many contracts and the record will show with only one signature. Ask the Controller to look at his records. Mr. Roney: This is what section 504 says and I'm not taking this from the top of my head. It says here "where any official document, instrument or official paper is to be executed by the County Commissioners, it shall be done by at least two of the Commissioners and attested by. the Chief Clerk who shall affix the County seal thereto, " It has been admitted that that has not been done in connection with this particular agreement or contract. Mr. Hormell:, I don't think, Mr. Flynn, that there is any question about that. The statute is quite explicit and Mr. Roney does quote it properly but that's not the issue here as I see it. That Ls easily corrected by Mr. Paluso simply putting his name on it and that is just a technical thing that there was no reason for this. - But you're getting into something here beyond that when a suggestion would be made that you would have a County Engineer. Mr. Jones: That signature, I think the reason why there was only one signature on the contract Ls because there was only one place for a signature on the contract. Mr. Hormell: Mr. Zeman prepared it and normally when you execute an instrument, normally, a person can execute on behalf of the Board. It's done all the time. I perused the contract, and [ probably should have told you that you should have two signatures, which I didn't do. But I'm sure that there have probably been other instances where contracts have been signed by one ,person, and I'm sure that there have been times when those have been called to attention. Tech- aically that would be a violation. Mr. Elish: Mr. Solicitor, one voucher was presented for Chartiers Creek. It was for $8500 ir_ advance for non-performance of any service. You put yourself in my position. What right do w( 'lave? Suppose something would happen to this C. Vance DeiCas? We have to pay $8500.00 z)efore there is any performance of any work. Mr. Flynn: On whose authority, sir? Mr. Hormell: This isn't unusual, Mr. Elish. You know there has been many many times where you go on to a conference, this is advanced to you before you perform services. This is not an musual situation with the engineering contract. The important thing is that the provision pro, Tides for that because he has things set up for it. Now I grant that the Controller is a watchdog, ie should be a watchdog but I doubt that the functions would be to go into what the professional person haS done. Frankly, I don't think I am competent to testify as to what an engineer has done. I think of this whole Board here, Mr. Palusc is the most competent, he has a Civil En- ;ineering degree, but none of us do. He raised the questions about it and.got into the thing and ,he way it should be done. That itself doesn't mean anything, the contract is there, it's a valid BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 11 E 0 contract until such time as an invalid contract. It has to be honored and the mere fact where . you call upon for services is done all the time. As I said, if you go on a convention they give you an advance for that and you don't perform the services until you get back. There is no . difference. I don't see any difference. Mr. Flynn: Your advice sir is what. I understand we have no recourse, if the gentleman refuses to pay, that we have no recourse but to let the Court adjudicate this. Mr. Hormell: My advice is to (I) Have Mr. Paluso affix his signature on the agreement to comply with that technical objection and secondly to demand payment of the bill. If you feel that the bill should be paid, then if the bill has not been paid and the refusal is continued then you have no, recourse. You either will jeopardize the.credit of the County or submit the County to the possibility of a law suit or you will take the matter up yourself. Mr. Flynn: And not only that as far as County itself, the citizens of this County that we repre- sent, Mr. Elish told me that he has been contacting one Mr. Minnotte who is an Engineer under the jurisdiction of the Army Corps of Engineers and I'm sure that if this is factual that Mr. Min- notte must wonder what kind of people he is dealing with out here in Washington County. I am sure that Mr. Minnotte is a professional engineer and I would like for him to tell me that there is something ---that this isn't necessary because. Mr. Jerry Lucas sat here, another engineer, in this room here and I said there is a million dollars worth of talent from the Corps of Engineers in conjunction with our legal staff in conjunction with Mr. DeiCas and an array of maps and told them what was absolutely necessary. So, again, in the eyes of the people we are dealing with on the state and federal level, it's questionable as to whether they wonder what kind of people we are here in Washington County. I want to say one final thing, Mr. Elish, it seems to me sir, I have been here going on ten years and it. seems to me that for some reason; which the general public doesn't know, that you find the most opportune time to pick on a particular case, now what your purpose is I don't know. But the opportune time tome as far as I'm concerned seems to be Election time, which affords you quite a bit of publicity at the expense of .somebody else. I take exception to this and that is why I requested that you be here this morning. Mr. Elish: Well I think you are completely wrong on that. It isn't my fault that these things come up at the same time that I'm running for re-election but I do think that this is of such mag- nitude that before I do anything, I am going to be darn careful. I want to see the County rights protected, the taxpayers. My opinion now is that they have not. I think that you should have taken competitive quotations on this, you should have had the local engineer quotation and as far as talking to Mr. Minnotte and Mr. Lucas, I spent some time with them. The only thing that they are doing is giving us the topographic maps. This is their problem but they will not go on record that this is the right cost. 482 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Mr. Flynn: Well naturally they won't go on record. I think we have belated the matter long enough. What is your intent sir? Mr. Elish: I don't know, I have to look into it further. If I don't approve it, you can take me to court. Mr. Flynn: Mr. Counselor, the time has elapsed insofar as,the Code is concerned, he has . already extended his .authority and you are hereby directed, sir, to proceed post haste with the legal aspect of it. Let's settle this once and for all. . We're going to see who isgoing to be the Chief executor, the County Commissioners or the County Controller. (Messrs. Elish, Roney and Yuhas left the meeting) Mr. Hormell: May I say this at this point, Mr. Flynn, just to have the record corrected. I think that the technical objection raised about two signatures is proper. I think it should be corrected and be made a matter of record and I would like to have one of you pass a motion authorizing or directing another signature on that document for re -submission to it. Moved by Mr. Jones, seconded by Mr. Paluso, authorizing the signature of Commis - sioner Paluso to be affixed to the forementioned agreement between C. Vance DeiCas trading as McDonald Associates Engineering and the County of Washington due to questions raised concerning proper procedure for signing official documents. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Correspondence: Mr. Murphy Bills: bills: Chief Clerk informed the Board of the receipt of the following checks: (1) Ck. #44-019051 in the amount of $5, 903. 31 for Third Ward Day Care Center for December 1972 (2) Ck. #47-008986 in the amount of $540.00 for Planning Commission Contract, Coordinating Service (3) Ck. #50-009037 in the amount of $14, 054.44 for Day Care Contract #1317, Mon Valley United Health Services for the month of December 1972 Moved by Mr. Jones, seconded by Mr. Paluso, approving payment of the following (1) Griswold, Winters & Swain - Mingo Creek Park - Professional services in accordance with, agreement of August 19, 1971 - $4, 421. 95 (2) Washington -Greene County MH/MR Program - interim care for January - $1, 07 4, 00 Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. L n MINUTE B❑❑K 483 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Chief Clerk presented Change Order G-5 from Carl G. Baker & Associates in the 3.mount of $1, 019. 85 for repairing the fan housing in the jail and repairing of the main stack in ;he chimney in regard to the heating revisions and air conditioning for the Courthouse. Said Change Order is to be executed by the Chairman of the Board and returned to Carl G. Baker & Associates for further processing. Moved by Mr. Jones, seconded by Mr. Paluso, that the above Change Order as submitted by Carl G. Baker and Associates in the amount of $1, 019. 85 be approved for payment. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chief Clerk read correspondence under date of February 1, 1973, from Don.ald R. Eioffman, Commissioner Representative of the Pa. State Association of County Commissioners enclosing a copy of the proposed regulations for the disposition of records in the Office of County Commissioners. Said regulations were prepared by the County Records Committee comprised Df representatives from each of the County Row Officers Associations, the Supreme Court, the Historical and Museum Commission, the Legislature, and a layman representing the general pub - tic. Mr. Hoffman stated that the regulations do not cover the county homes and hospitals since separate regulations will be released covering them along with the Treasurer and Controller's Dffice. In conclusion Mr. Hoffman requested the Commissioners' comments on the draft and any changes they might recommend. Chief Clerk read correspondence under date of February 2, 1973, from John H. Showalter, Administrator, Home for Aged Women, advising the Commissioners of the condition Df the hot water heater at the Washington County Home for Aged Women. Mr. Showalter stated -hat due to the age of the heater, (31 years) needed parts are no longer manufactured and would .lave to be specially built. Mr. Showalter stated that this is an extreme emergency due to the Fact that this water heater supplies the hot water for the entire home and suggested that,the pur- phase of a new heater be looked into. Moved by Mr. Jones, seconded by Mr. Paluso, authorizing Chief Clerk Murphy to Droceed with the purchasing of a new hot water heater for the Washington County Home for Aged Women due to an emergency situation. Roll call vote taken: Mr. Jones - Yes-; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chief Clerk presented correspondence under date of February 6, 1973, from Elmer Dbitko, Director, Department of Veterans' Affairs, requesting permission to attend and partici- Date in a convention to be held by the Pennsylvania State Association of County Directors of MINUTE ■ ■ BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK .ZONES, JR., EDWARD M. PALUSO, COMMISSIONERS r Veterans' Affairs on June 17 through June 20, 1973, in Allentown, Pa. Moved by Mr. Jones, seconded by Mr. Paluso, approving the request of Mr. Obitko to attend the convention being held on June 17 through June 20, 1973, in Allentown, Pa. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chief Clerk read .correspondence under date of February 5, 1973, from William M. Meighen, Chief Clerk, Greene County Board of Commissioners, submitting the following names as their appointments to the Washington -Greene County Drug and Alcohol Planning and Imple- mentation Council, effective February 1, 1973: Two (2) year term ----- Robert E. Borland 68 E. Locust Street Waynesburg, Pa. 15370 Two (2) year term ----- William Bissett 77 S. Morris Street Waynesburg, Pa. 15370 One (1) year term ----- Henry L. Fordyce R. D. # 5, Box 40A Waynesburg, Pa. 15370 One (1) year term ----- Edward J. Patterson 596 N. West Street Waynesburg, Pa. 15370 One (1) year term ----- Mary V. Handloser Mather, Pa. 15346 Chief Clerk read correspondence under date of January 31, 1973, from Richard E. Horman, PH. D. , Executive Director, Governor's Council on Drug and Alcohol Abuse, in regard to the Drug and Alcohol Planning and Implementation Council. Dr. Horman stated that the pro- grams and plans that are set down as a part of the State Plan will determine the allocation of funds for the 1973-1974 fiscal year. The inclusion of County Plans into the State Plan will be necessary in order to authorize the distribution of funds. The establishment of a local Drug and Alcohol Planning and Implementation Council is required as one component to the County Plan. This is the reason for setting the date for the receipt of County appointments by February 28, 1973. Dr. Horman further stated that without a letter from the Commissioners indicating their choice of option and the membership of their local council by February 28, 1973, and their County Plan, it may be technically impossible to include Washington County's plan in the State Plan, and this would jeopardize funding for the 1973-1974 fiscal year. Mr. Murphy stated that both Washington & Greene Counties have made their choices to the Coun- cil and correspondence was sent to Mr. Meighen of Greene County in order that all the necessary information can be submitted by the deadline. Chief Clerk read correspondence under date of January 25, 1973, from Ralph L. 11 1 MINUTE BOOK 485 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Meador, Commissioner, Mental Health and Mental Retardation, Department of Public Welfare, confirming an agreement between Mr. Meador and the Commissioners on January 23, 1973, concerning the transfer of patients to Somerset State Hospital. Patients from the Eastern Washington Co. Catchment Area (Mon Valley) who are currently in Torrance State Hospital will be transferred to Somerset State Hospital at a time agreed to by -Dr. Griezman and Dr,. Ryan. New admissions and re -admissions of patients from the townships and boroughs in the Washington Co, side of that catchment area will continue to be admitted or committed to Mayview State Hos- pital. This includes Union, Carroll, Fallowfield, Nottingham and West Pike Townships and Coal Center Boro. Mr. Meador further stated that the Administrator of Washington -Greene Counties MH/MR Program will continue to work in cooperation with the Regional Office to develop a viable community based plan for Washington -Greene County residents who are cur- rently patients in Mayview State Hospital. (Messrs. Elish and Roney entered the meeting) Chief Clerk read correspondence under date of January 31, 1973, from John D. Petrarulo, President, California Area Chamber of Commerce, expressing the desire of the borough council to have the ferry service for their area and the hope that the matter will be considered and acted upon. Chief Clerk read correspondence under date of January 29, 1973, from Maurice K. Goddard, Chairman, State Soil and Water Conservation Commission, enclosing a copy of a pro- cedure which was approved on January 4, 1973, by the State Conservation Commission. Said procedure is to implement Act 361 of 1972 regarding the change in director composition of conservation district boards. Under this act the composition may vary from four farmers and two urban directors to two farmers and four. urban members if the change is approved by the State Conservation Commission. Mr. Goddard stated that their experience has shown that where the County Commissioner member is an active supporter and regular attendee at district meet- ings, the attendance of the remainder of the district directors is generally higher. They feel that this correlation is due primarily to the fact that district directors look to their county com- missioners for guidance and leadership, and they would hope that the. Washington County Commit; - sioners would select, as their representative, the commissioner who will regularly attend meetings of the district. In addition, as the appointment authority, the County Commissioners have an important function to screen the candidates for district director and to appoint only thos(! who have the enthusiasm, the capabilities, and the time to fulfill the duties of district director. In conclusion, Mr. Goddard requested the Commissioners' active and continued support for the conservation district in Washington County. Moved by Mr. Jones, seconded by Mr. Paluso, to accept the above recommendation.,-; of Secretary Goddard. 486 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON 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. (Various bidders entered the meeting) 11:00 a, m,, Opening of Bids for Offset Press for Washington Co. Planning Commission (Mr. Riffle, representing Multigraphics Division -Addr e ss ogr aph Multigraph Division, was present. ) The following bids were opened "and read by Controller Elish: (1) Name: Multigraphs Division - Addressograph Multigraph Corporation Address: 1800 West Central Road Mt. Prospect, Illinois 60056 Amount of Bid: $4, 736. 44 Certified check in the amount of $473. 65 _accompanied bid. (2) Name: A. B. Dick Company Address: 2875 Banksville Road Pittsburgh, Pennsylvania 15216 Amount of Bid: $4, 558. 84 Bid Bond in the amount of $456.00 with the Transamerica Insurance Company accompanied bid. ---------------------------------------------------------------------------------------- Moved by Mr. Jones, seconded by Mr. Paluso, that the foregoing bids be tabled until such time as the Solicitor and Controller have time to peruse them. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes, Motion carried unanimously. (Mr. Riffle left the meeting) (Fleet Insurance) The following bids were opened and read by Controller Elish: (1) Name: George H. Hott Agency, Inc. Address: 419 Fallowfield Avenue, P. O. Box 8 Charleroi, Pennsylvania 15022 Premium for Liability and Property Damage is: 1, $ 3,462.00 To be placed with the following company: Insurance Company of North America Premium for Comprehensive $50. 00 Deductible, Fire, Theft, and Collision $100.00 Deductible is: 2. $ 1,341.00 1 1 1 MINUTE BOOK 487 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 11 1 0 To be placed with the following company: Insurance Company of North America Premium for Uninsured Motorist is: 3, $ 152.00 To be placed with the following company: Insurance Company of North America Total premium for coverage or total of items 1 and 2 and 3 is: 4. $ 4,955.00 Certified check in the amount of $100. 00 accompanied bid. (2) Name: Robert W. Walker Address: P. O. Box 398 Claysville, Pennsylvania 15323 Premium for Liability and Property Damage is: 1. $ 2,417.20 To be placed with the following company: Erie Insurance Exchange of Erie, Pa. Premium for Comprehensive A. C. V. , Fire, Theft, and Collision is: 2. $ 3,016.60 To be placed with the following_ company: Erie Insurance Exchange of Erie, Pa. Premium for Uninsured Motorist is: 3, $ 148.00 To be placed with the following company:. Erie Insurance Exchange of Erie, Pa. Total premium for coverage or total of items 1 and 2 and 3 is: 4. $ 5,581.80 Certified check in the amount of $100. 00 accompanied bid. (3) Name: Glenn Harrold Agency Address: 1701 W. Chestnut Street Washington, Pennsylvania 15301 Premium for Liability and Property Damage is: 1, $ 9,695.00 To be placed with the following company: New Merchants Insurance Co., Inc. 488 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Total premium for coverage or total of items 1 and 2 and 3 is: 4. $ 9,695.00 Total policy Certified check in the amount of $100. 00 accompanied bid. (4) Name: John S. McCans Address: 207 Seventh Street, Box 461 Donora, Pennsylvania 15033 Premium for Liability and Property Damage is: 1. All included in Item #4 - below To be placed with the following company: Firemen's Fund - American Ins. Co. Total premium for coverage or total of items 1 and 2 and 3 is: 4. $ 7,431.00 Bid Bond in the amount of $100. 00 with the Fireman's Fund American Insurance Company accompanied bid. (5) Name: Baily Insurance Agency Address: Suite No. 104, 150 West Beau Street Washington, Pennsylvania 15301 Premium for Liability and Property Damage is: 1. $ 3,696.00 To be placed with the following company: Royal -Globe Insurance Companies Premium for Comprehensive $50, 00 Deductible, Fire, Theft, and Collision $100.00 Deductible is: 2. $ 2,024.00 To be placed with the following company: Royal -Globe Insurance Companies Premium for Uninsured Motorist is: 3. $ 161.00 To be placed with the following company: Royal -Globe Insurance Companies Total premium for coverage or total of items 1 and 2 and 3 is: 4. $ 5,881.00 Certified check in the amount of $100. 00 accompanied bid. 1 MINUTE BOOK 489 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS (6) Name: 'ha.rris & DeZomba Address: P. O; Box 294, Route 19 Washington, Pennsylvania 15301 Premium for Liability and -Property Damage is: 1. $ 3,342.00 To be placed with the following company: American States Insurance Company Premium for Comprehensive $50.00 Deductible, Fire, Theft, and Collision $100. 00 Deductible is: 2. $ 1,710.00 To be placed with the following company: American States Insurance Company Premium for Uninsured Motorist is: 3. $ 133.20 To be placed with the following company: American States Insurance Company • Total premium for coverage or total of items 1 and 2 and 3 is: 4. $ 5, 185.20 Certified check in the amount of $100, 00 accompanied bid. ---------------------------------------------------------------------------------------- (7) Name: Hood Insurance Associates Address: 55 South Main Street Washington, Pennsylvania 15301 Premium for Liability and Property Damage is: 1, $ 3,112.00 To be placed with the following company: Celina Mutual Insurance Company Premium for Comprehensive $50.00 Deductible, Fire, Theft, and Collision $100.00 Deductible is: 2. $ 2,022.00 To be placed with the following company: Celina Mutual Insurance Company Premium for Uninsured Motorist Is: 3. $ 148.00 To be placed with the following company: Celina Mutual Insurance Company Total premium for coverage or total of items 1 and 2 and 3 is: 490 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK .TONES, JR., EDWARD M. PALUSO, COMMISSIONERS (8) 4. $ 5,282.00 Certified check in the amount of $100. 00 accompanied bid. Name: Kasmier W. Sala Insurance Agency Address: 421 W. Main St. Monongahela, Pennsylvania 15063 Premium for Liability and Property Damage is: 1. $ 4,125.00 To be placed with the following company: State Automobile Insurance Association Premium for Comprehensive $50. 00 Deductible, Fire, Theft, and Collision $100.00 Deductible is: 2. $ 2,267.00 To be placed with the following company: State Automobile Insurance Association Premium for Uninsured Motorist is: 3. $ 152.00 To be placed with the following company: State Automobile Insurance Association Total premium for coverage or total of items 1 and 2 and 3 is: 4. $ 6,544.00 Certified check in the amount of $100, 00 accompanied bid. (9) Name: Long -Warne Agency Address: 242 W. Main Street Monongahela, Pennsylvania 15063 Premium for Liability and Property Damage is: 1. $ 3,301.00 To be placed with the following company: Firemens Insurance Co. Premium for Comprehensive $50.00 Deductible, Fire, Theft, and Collision $100.00 Deductible is: 2. $ 2, 173.00 To be placed with the following company: Firemens Insurance Company Premium for Uninsured Motorist is: 3. $ 126.00 1 MINUTE B 0 0 K 491 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS ILL — To be placed with the following company: Firemens Insurance Company Total premium for coverage or total of items 1 and 2 and 3 is: 4. $ 5,600.00 Certified check in the amount of $100. 00 accompanied bid. (10) Name: Arthur E. Morris Address: 86 East Chestnut Street Washington, Pennsylvania 15301 Premium for Liability and Property Damage is: 1. $ 4,484.00 To be placed with the following company: State Automobile Insurance Association Premium for Comprehensive $50.00 Deductible, Fire, Theft, and Collision $100.00 Deductible is: 2. $ 2,464.00 To be placed with the following company: State Automobile Insurance Association Premium for Uninsured Motorist is: 3. $ 152.00 To be placed with the following company: State Automobile Insurance Association Total premium for coverage or total of items 1 and 2 and 3 is: 4. $ 7, 100.00 Certified check in the amount of $100.00 accompanied bid. ------------------------------------------------------------------------------------- (11) Name: Wemack Insurance Agency, Inc. Address: P. O. Box 616 Washington, Pennsylvania 15301 Premium for Liability and Property Damage is: 1. $ 3, 560-00 To be placed with the following company: Commercial Union Companies Premium for Comprehensive $ 50.00 Deductible, Fire, Theft, and Collision $100, 00 Deductible is: 2. $ 1,756.00 To be placed with the following company: Commercial Union Companies i r 492 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Premium for Uninsured Motorist, is: 3. $ 152.00 To be placed with the following company: Commercial Union Companies Total premium for coverage or total of items 1 and 2 and 3 is: 4. $ 5,468.00 Certified check in the amount of $100. 00 accompanied bid. (12) Name: Thomas E. Scurfield Address: 406 W. Main Street Monongahela, Pennsylvania 15063 To be placed with the following company: Employers Mutual Insurance Company Total premium for coverage or total of items 1 and 2 and 3 is: 4, $ 7,981.00 Certified check in the amount of $100.00 accompanied bid. (13) Name: Vance & Westfall Insurance Agency Address: 70 East Beau Street Washington, Pennsylvania 15301 Premium for Liability and Property Damage is: 1. $ 3,832.00 To be placed with the following company: The Buckeye Union Insurance Company Premium for Comprehensive $50.00 Deductible, Fire, Theft, and Collision $100.00 Deductible is: 2. $ 1,982.00 To be placed with the following company: The Buckeye Union Insurance Company Premium for Uninsured Motorist is: 3. $ 148.00 To be placed with the following company: The Buckeye Union Insurance Company Total premium for coverage or total of items 1 and 2 and 3 is: 4. $ 5,962.00 Certified check in the amount of $100. 00 accompanied bid. L MINUTE BOOK 493 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS L u (14) Name: James E. Simon Address: 765 McKinley Avenue Washington, Pennsylvania 15301 To be placed with the following company: Federal Mutual Total premium for coverage or total of items 1and 2and 3is: 4. $ 5,726.00 Certified check in the amount of $100.00 accompanied bid. Moved by Mr. Jones, seconded by Mr. Paluso, that all bids for fleet insurance be tabled until a further study can be made,, (Note was made that Insurance for people in Washington County has come down approximately $800, 00 since last year. ) Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. (All bidders left the meeting) (Controller Elish left the meeting) Mr. Whalen: Mr. Whalen presented correspondence under date of January 18, 1973, from H..E. Myers, Director, Bureau of Municipal Services, stating that the Department of -Transportation has executed a Consulting Contract with Mr. Milt Lopus, Bradford, Pa., to provide counsel and assistance in matters relating to the "Temporary Investment" of County Liquid Fuels Revenues. Mr. Whalen stated that at the present time, we have $325, 000 ,00.invested in Certi- ficates of Deposit and in line with keeping the money invested, it is appropriate right now to invest an additional $50, 000. 00 from the regular Liquid Fuels Account for a period of sixty days. Moved by Mr. Jones, seconded by Mr. Paluso, approving the investment of $50, 000.00 from the regular Liquid Fuels Account for a period of sixty (60) days as per the recommendation of Administrative Assistant Whalen. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Mr. Whalen presented correspondence from the Washington County Housin-g Authority, Audley S. Crumrine, Executive Director, under date of February 5, 1973, enclosing a State- ment of the Computation of Payment in Lieu of Taxes for all Public Low -Rent Housing Projects under the jurisdiction of the Washington County Housing Authority. Also enelosed. was a state- ment breaking down the various Projects with a Summary Sheet showing the breakdown to 494 MINUTE B❑❑K BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS School Districts, local Municipalities and the County together with .a, copy of the letter sent by the Housing Authority to Treasurer Morgan which enclosed a check in the amount of $3, 068.40. In conclusion, Mr. Crumrine stated that his letter will show, Projects 1 through 5 are covered and the County's share of Project PA 17 -8, City of Washington and Project PA 17-9, Borough of California, is to be distributed by the respective Municipalities. Temporary Loan: Mr. Whalen: In regard to our temporary borrowing, at this time, I would like to recommend that we take down the sum of $250, 000. 00 as a temporary loan for the use of the County. Moved by Mr. Jones, seconded by Mr. Paluso, approving the above recommenda- tion as submitted by Administrative Assistant Whalen, Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Mr. Whalen read correspondence under date of February 7, 1973, from Louise Abel, Executive Director, Child Welfare Services, requesting permission for Mrs. Mary Weaver, Caseworker, to drive Christine Davis, who has been in their care and custody since August 10, 1972, and has been relinquished for adoption, to Williamsport, Pa., on February 17th and 18th, New Business: Mr. Flynn Chairman made note that the Courthouse will be closed on Monday, February 12 and Monday, February 19 in observance of Lincoln and Washington's birthdays, from the preceding Friday at 4:30 p.m. until the following Tuesday, 9:00 a.m. Chairman stated that for the benefit of the general public, the elevator will be closec. down as of February 15, 1973, at 9:00 a.m. until August 1, 1973, due to the installation of a new elevator. Cut-off dates: Moved by Mr. Jones, seconded by Mr. Paluso, that May 15, 1973, be approved as the cut-off date to municipalities to make application for the distribution of Liquid Fuels money. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Solicitor: Mr. Hormell Tax Refunds: Solicitor Hormell presented various Tax Refunds to the Board for their considera- tion and approval. E MINUTE ■■ 495 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Moved by Mr.. Jones, seconded by Mr. Paluso, that the Tax Assessment Office be authorized to prepare the following Tax Refunds due to either duplication or over -payment of real estate tax: 1. Steele, Albert E. & Alice B. , 6216 Little River Turnpike Alexandria, Va. District: Canton Township ---Deed Book Reference----- DistrictNumber: 120 --- Section Number: 011 --- Parcel Number: 1253 Amount: $27.96 2. Coole, Walter & Katherine (Safeguard Co. ) Box 102, ,Southview, Pa. 15361 District: Mount Pleasant Twp. ---Deed Book Reference: ----- District Number: 46 --- Section Number: 12--- Parcel Number: 271 Amount: $17. 19 3. Tasz, John E. & Karen 118 North Avenue, Midway, Pa. District: Smith Township ---Deed Book Reference:----- _ District Number: 570---Section Number: 025--- Parcel Number: 0019-01 Amount: . 8 5 4. Washington North Gate - Dave Harris 333 West State Street, Trenton, New Jersey 08618 District: Washington 7th Ward ---Deed Book Reference: 1321-979 District Number: 770---Section Number: 013--- Parcel Number: 0034 Amount: $33.34 5. Fowler, Harry R. 54 W. Katherine Avenue, Washington, Pa. 15301 District: South Strabane Township ---Deed Book Reference: ----- District Number: 600 --- Section Number: -005 --- Parcel Number: 0-0018-00 Amount: $2.05 6. Walsh, John H. & Franette Box 468, California, Pa. 15419 District: California ---Deed Book Reference: ---- District Number: 080--- Section Number: 050--- Parcel Number: 007-01 Amount: $16.7 6 Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Procedure for tax appeal notices to taxing districts: Mr. Hormell: The next item is with respect to tax appeals and notices to taxing districts. It's been a custom of the County to take care of the tax appeal cases without notification of participa- tion by the School District, the Township or the Borough involved. In our opinion since the school district and borough often have much more involved than the county, the school district and borough or township should not only be given the opportunity but should be encouraged to participate in those hearings. Therefore.. I would like to adopt a practice with your approval of sending to the municipality involved a form letter whenever we have an appeal advising them where the appeal is taking place, what property is involved and suggestion that any participation by them would be more than welcome. Moved by Mr. Jones, seconded by Mr. Paluso, approving the above procedure for 49s MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS r tax appeal notices to taxing districts as submitted by Solicitor Hormell.. Lease: 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 Solicitor Hormell to prepare a lease for the Drug and Alcohol Abuse Program which is to be located in California, Pa.. Said lease is to be for a period of five (5) years at $300.00 per month. Roll: call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Moved by Mr. Jones, seconded by Mr. Paluso, that the meeting adjourn. Meeting adjourned. THE FOREGOING MINUTE READ AND APPROVED: ATTEST: Minute No. 56 , 1973 CHIEF CLERK J.... ........ JC J.:.. :�::�: Office of the County Commissioners Washington, Pa., February 15, 1973 The Board of County Commissioners met in regular session with the following mem- bers being present: Commissioners Jones and Paluso. Absent being: Commissioner Flynn. Also present being: Administrative Assistant Whalen; Mrs. Helen Miller of the League of Women Voters; Reporter Robertson of The Observer -Reporter; Reporter Roule of The Monon- gahela Publishing Company; Mr. Jack Merdian of WJPA; and representatives of the McGuffey Area School District. Meeting called to order by Acting Chairman and roll call taken: Mr. Jones - Present; Mr. Paluso - Present; Mr. Flynn - Absent. Acting Chairman made note that Minute No. 55 had not been completed yet and that it would be kept in abeyance and approved at the next meeting. Special Order of Business: (Mr. Hormell entered the meeting) Mr. Bill Harshman of the McGuffey Area School District presented to the Board the following Resolution - FFA Week - 1973: 497 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS L C WHEREAS, members of the FFA are playing an out- standing`role in assuring the future progress and prosperity of our area; and WHEREAS, the FFA is composed of students who are studying vocational agriculture in the public schools in preparation for a variety of exciting careers in the American agricultural complex. In studying the science of agriculture, FFA members are striving to continously improve this great industry for the welfare of all citizens; and WHEREAS, the FFA has performed the valuable service of developing leadership, encouraging cooperation, promoting good citizenship, teaching modern agricultural information, and inspiring patriotism among its members; and the FFA motto--" Learning to do, doing to learn; eamkg to live, living to serve"-- establishes a direction of purpose for the future leaders of our production agriculture and agri- business; and WHEREAS, FFA Unites Youth With Opportunities; THEREFORE, The Board of County Commissioners do hereby designate the week of February 17 -24, 1973, as (SEAL) FFA WEEK IN WASHINGTON COUNTY, PENNSYLVANIA. / s / Michael R. Flynn / s / Frank Jones, Jr. /s/ Edward M. Paluso (Reporter Liesch entered the meeting) (Representatives of the McGuffey Area School District left the meeting) Correspondence - Mr, Whalen acting in place of Chief Clerk Murphy Administrative Assistant Whalen informed the Board of a telegram from Congress- man Thomas E. Morgan which announced the approval of a headstart grant by the Department of Health, Education, and Welfare in the amount of $32, 207.00 to California College, Californi )., I - Pennsylvania. The grant is for training and technical assistance and the program will last for twelve (12) months. Mr. Whalen informed the Board of a letter from George I. Bloom which enclosed a check in the amount of $100 from Mrs. Caroline Buck which was a contribution to the Wash- ington County Home. Mrs. Buck did not know to whom this check should be sent. Her mother is presently a patient in the Home. Mr. Whalen read copy of correspondence under date of February 9, 1973, from the Southwestern Pennsylvania Regional Planning Commission directed to Mr. Thomas C. Berard, Director of Administration, Governor's Justice Commission. Said correspondence was in response to correspondence notifying the SPRPC that the Board of Commissioners, Washington County, is applying to the Law Enforcement Assistance Administration Department of Justice for a federal grant of $26, 794 to undertake renovation of the Washington County Prison. The total cost of the project is $35, 726 of which $8, 932 will be funded by the Washington County Board of Commissioners. Letter further stated that the proposed project has been evaluated 5W BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS and that it will have limited impact upon the development of the region and, therefore, said Commission will not formally review the project. In conjunction with the above, Mr. Whalen read copy of correspondence under date of February 8, 1973, from the Southwestern Pennsylvania Regional Planning Commission directed to Miss E. Hugi Koudela, Regional Recreation Supervisor, Department of Community Affairs. Said letter was in response to correspondence notifying the SPRPC what the Pennsyl- vania Department of Community Affairs (on behalf of the Washington County Department of Parks and Recreation) is applying to the Bureau of Outdoor Recreation, United States Depart- ment of the Interior, for federal funds to provide for the lighting of recreation fields and for the preparation of a Master Plan of Washington Park, Washington County, Letter further stated that the proposed project has been evaluated and that it will have limited impact upon the development of the region and, therefore, said commission will not formally review the pro- ject. Mr. Whalen read correspondence under date of February 5, 1973, from Thomas C. Berard, Director of Administration, Governor's Justice Commission - RE: Washington County Prison. Correspondence stated that a review of said Commission's records indicates that $12, 915 was spent in accordance with the contractual agreement of which $7, 748 is charged to Federal funds. A total of $8, 590 was forwarded to the County, and a refund of $842.00 is due the Commission. Moved by Mr. Paluso, seconded by Mr. Jones, approving the return of $842.00 due to the Governor's Justice Commission as per above. Roll call vote taken: Mr. Paluso - Yes; Mr. Jones - Yes. Motion carried unanimously. Mr. Whalen informed the Board of a check received in the amount of $5. 00 for the rent of the Washington Sportsmen's grounds at Arden, Pennsylvania, for the year 1973. Mr. Whalen informed the Board of a request from the Washington County Agricul- tural and Home Economics Extension Service of $5, 000 from their 1973 allotment. Mr. Whalen read correspondence from the Washington County Conservation District. Letter stated that in cooperation with the Pa. Bureau of Forestry, said District is promoting an accelerated tree planting program for Washington County. Most landowners have areas where trees should be planted. Correspondence enclosed a pamphlet entitled "There is Always Room For Trees. " (Mr. Earl Bugaile entered the meeting) Mr. Whalen read correspondence under date of February 1, 1973, from the Com- munity Medical Center of Northwest Washington County which stated that said Community 1 FJ C MINUTE BOOK �11 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Medical Center has established the required criteria to show that their area is in dire need of additional medical services. Letter then stated that in submitting their request to the National Health Service Corps, they would consider a letter of endorsement from the Commissioners' Office as a valuable asset in underlining this need. Letter then stated what they wished the Commissioners to include in said letter. Mr. Whalen: I have asked this group to furnish the County with copies of the endorsements by the physicians involved as well as the Washington County Medical Society. They have promised that they will forward us those copies. It would be my recommendation'that the Board approve this upon the condition that we receive those certifications from the doctors and Medical Societ-N-. Moved by Mr. Paluso, seconded by Mr. Jones, approving said letter of endorsement upon the conditions as stated by Mr. Whalen. Roll call vote taken: Mr. Paluso - Yes; Mr. Jones - Yes. Motion carried unanimously. Mr. Whalen read correspondence from Lee R. Mason, Majority Inspector of Elec- tions in the Third precinct of the First Ward in Canonsburg, in which he advised the Board of his resignation of said job. Solicitor Hormell stated that this letter should be forwarded to the Election Office. (Mr. Eric Bugaile entered the meeting) Mr. Whalen informed the Board of the request for $600 from the Pennsylvania State Association of County Commissioners for association dues for 1973. Mr. Whalen read correspondence under date of February 9, 1973, from Metro Petrosky, Jr., Director, Adult Welfare Services. Mr. Petrosky stated that he discussed the Liability Insurances pertaining to the Senior Citizens Centers with Mr. Geno Amanati as to whether or not the Senior Citizens Centers, now under County jurisdiction, would be included into the County's blanket policy. Mr, .Petrosky further stated that it was determined that the Senior Citizens Centers would not be able to be placed under the blanket policy. Therefore, Mr. Petrosky felt that in the best interest of the Washington County Commissioners to have Mr. Amanati write a new Liability Policy that would cover the entire six (6) centers. Mr. Petrosky hoped that this would meet with the Board's approval. Remarks: Mr. Paluso: No, it doesn't meet with my approval because he is not authorized to enter into any contract for insurance or anything else for this County, and it should be bidded like the rest of the insurance if it is over $1, 200. Mr. Hormell: I think you should table this matter until I have a change to look into it. 5oa- BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Mr. Whalen informed the Board of a budget request in the amount of $21, 925 from the Redevelopment Authority of the County of Washington; this being the first quarterly pay- ment. Mr. Whalen read correspondence 'under date of February 7, 1973, from the Wash- ington County Agricultural Fair, Inc., which informed the Board that Mr. Clyde Robison and the Washington County Fair Board of Directors have approved the new schedule as submitted by Mr. Harry M. Harvey, Moved by Mr. Paluso, seconded by Mr. Jones', approving the regular budget con- tribution of $1, 000 to the Music Performance Trust Funds for music in the area of Loc. 592 AFM Charleroi, Pennsylvania. Roll call vote taken: Mr. Paluso - Yes; Mr. Jones - Yes. Motion carried unanimously. Mr. Whalen read correspondence under date of February 7, 1973, from Richard D. Bishop, Superintendent, Trinity Area`School District, which thanked the Board for their time accorded to him to discuss tax receipts for the Trinity Area School District. Mr. Whalen informed the Board of the County Law Library's request for $5, 000 against their 1973 budget. New Business: Mr. Jones Acting Chairman Jones informed the Board of a News Release which stated that Jessop Steel Company has -awarded a turnkey contract to Holley, Kenney, Schott, Inc., to engineer and construct a fume and dust control system at their Washington., Pennsylvania, specialty steelmaking plant. Jessop's Vice -President of Operations, C. E. Slater, disclosed that the system will collect airborne particles generated by Jessop's three electric arc fur- naces and will be connected to the existing dust collection system on the recently installed Argon -Oxygen Decarburization facility. News Release further` stated that the new system will include three overhead canopy hoods located in the roof truss area above each furnace. These hoods will capture and evacuate the undesirable elements. Scheduled for completion in the Fall, the new facility will be installed without interrupting Jessop's steel production. Acting Chairman informed the Board and all those present that due to the Ground- breaking ceremonies for the Mon Valley Expressway scheduled for Thursday, February 22, 1973, the next regular Board meeting will be rescheduled from Thursday, February 22, 1973, to Wednesday, February 21, 1973, at 10:00 a.m. Meeting recessed until 11:00 a. m, for the opening of bids for Flags and Markers for Veteran6 Graves. [J 1