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HomeMy WebLinkAboutCOMM - Meeting Minutes - 67 - 5-3-1973 - COMMISSIONERZYo MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS L Bid No. 4: Name of Bidder: Address: Total Amount of Bid: Donora Motor, Inc. 1st and Meldon Avenue Donora, Pa. 15033 $4, 323. 00 Certified check in the amount of $433. 00 accompanied bid. -------------------------------------------------------------------------------------- Name of Bidder: Davies and Tregembo Ford, Inc. Address: 728 McKean Avenue Charleroi, Pa. 15022 Total Amount of Bid: $4, 314. 00 Certified check in the amount of $431. 40 accompanied bid. -------------------------------------------------------------------------------------- Name of Bidder: Pankopf Ford Sales, Inc. Address: 470 Washington Road Washington, Pa. 15301 Bid Bond in the amount of 10% of the total bid accompanied bid. Mr. Jones informed everyone present that all bids will be tabled until the Solicitor has a chance to peruse them further. Minute No. 67 Moved by Mr. Paluso, seconded by Mr. Jones that the meeting adjourn. Meeting adjourned. THE FOREGOING MINUTE READ AND APPROVED: ATTEST: CHIEF CLERK , 1973 O ffice,pf the County Commissioners Washington, Pa., May 3, 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; Assistant Solicitor Gilmore; Controller Elish; Frank C. Roney, Solicitor for the Controller's Office; Clay Graham,. Land Acquisition Agent; Mike George, Director of Parks and Recreation; Charles Gillespie of the Controller's Office; Reporters Bob Robertson and Jack Crouse of The Observer -Reporter; Reporter Fred Hevia of The Valley Independent; Reporter Liesch of The Brownsville Telegraph Mrs. June Lilley of The Canonsburg Daily Notes; Mr. Jack Merdian of WJPA; and Jean Kalamas. Meeting called to order by Chairman and roll call vote taken: Mr. Jones - Present; Mr. Paluso - Present; Mr. Flynn - Present. Chairman asked if there were any corrections, additions, or omissions to Minute No. 66, each Commissioner having received a copy. F, E Moved by Mr. Jones, seconded by Mr. Paluso, that Minute No. 66 be approved, MINUTE BOOK 571 BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS as read. Reports: Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chairman Flynn stated that under date of May 2, 1973, he wrote the following letter to County Controller Peter Elish: Dear Mr. Elish: It is my intention to assume the Chair at the regular Board of County Comm- issioners meeting on Thursday, May 3, 1973, at 10:00 a. m. It is my intention at that meeting to make certain statements for the record which will directly or indirectly involve you. You are most cordially invited to attend that meeting should you so desire. Very truly yours, / s / Michael R. Flynn Michael R. Flynn - Chairman Board of County Commissioners Mr. Flynn then directed the following statements to Mr. Elish: "You were extended an invitation to attend this regular meeting to hear first- hand a detailed, researched report by our County Solicitor, Oliver N. Hormell, Esq. , which he was directed to make by Commissioner Frank Jones, Acting Chairman of the Salary Board meeting, which you attempted to turn into a political fiasco on April 26, 1973. In my letter I also advised you that other matters which involved you directly or indirectly would be dis- cussed. We as Elected Public Officials have taken an oath to uphold the Constitution of these United States and the Commonwealth of Pennsylvania and to uphold the law of the land. After reading the minutes of the last Salary Board meeting and the report of Mr. Hormell, there is a serious question in my mind whether you are upholding the oath of your office or whether you are deliberately circumventing the law in order to achieve your own personal ambition and personal gains. I cannot, in good conscience, feel that I am upholding my oath of office unless I publicly state my reasons for these questions which exist in my mind. I therefore intend to here and now, facing you directly, and speaking for the record, speak up on these matters which I consider to be of vital importance relating to the affairs and operation of this County Government. 1. Character Assassination - (a) meetings at Salary Board, Retirement Board and Regular Board. 2. Elected Officials attendance records at required meetings. 572 MINUTE B o 0 K BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS r 3. Adopted rules of Salary Board on appointments and hiring practices. (a) New employee - (1) budget requirement; (2) inconsistent and illegal. 4. Certifications required by responsible officials for payroll (a) Working hours (1) Chief Deputy (2) Others 5. Powers of Salary Board (1) To hire and fire (a) County Home, etc. (b) Any Commissioner Appointment 6. County Engineer (1) Right to hire (a) under whose jurisdiction 7. Relationship with other officeholders and propriety of threatening language. 8. Claims approved or not approved by County. (a) Duty of Controller to advise. (b) Duty of Commissioners. (c) Official notification to perform your duty. We are not here to make a circus out of serious County business. Speaking for myself, and I'm sure also for my colleague, Mr. Jones, I assure you that I will uphold my oath of office and that I will leave no stone unturned to determine, in view of the facts that I have made public, whether you are living up to your oath as I said or are deliberately circum- venting the law in order to achieve your own personal ambition and personal gain. I will do all in my power to prevent circumvention of the law by anybody, es- pecially a county official. My conscience will not let me do otherwise. 11 Chairman Flynn then stated that Mr. Jones, acting as Chairman of the Salary Board meeting held on April 26, 1973, directed Solicitor Oliver N. Hormell to make a detailed indepth / study of what took place and the accusations at that meeting. He asked Commissioner Jones to read said report. Mr. Paluso: I don't think this report is proper. I think we are introducing another problem into this discussion and that is the fact that Mr. Melenyzer and Hormell happen to be law partners. I don't think that his opinions can be entered into this because there is a possible conflict of interest here. I think we are just introducing more problems into the problems brought up last week. Mr. Flynn: Well, the Chair doesn't agree with your opinion, Mr. Paluso. As far as I am concerned, you.are out of order. The Chair rules that this question was brought up at the last u meeting, the man was directed to do so, he followed through on his directions and Mr. Jones MINUTE BOOK 5"7 BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS will make his report. Mr. Paluso: You're telling me that there is no possible conflict of interest in this case - that they are both partners in the same law firm and both hold county jobs? I think that it should be investigated and I am asking for that now by the proper authority which possibly would be the District Attorney's Office to do a complete investigation of not only this transaction or any other transaction done in this County in the past because as I'll quote Mr. Hormell this has been done by countless county employees over the years; and if this is the case, then I want this whole thing investigated and aired and anyone who has engaged in anything of this type should be at this meeting or before the proper authorities and either prove or disaprove that they did do this. I feel that there is a definite conflict of interest; and I don't think it is quite fair to Mr. Melenyzer, quite frankly, or some of the other people I see mentioned in here. Mr. Flynn: The Chair rules that Mr. Hormell is the chief counsel for the County of Wash- ington; and in view of the fact of what took place last Thursday, he was directed to do an in- depth detailed research and make a report. This is what he has done. The Chair rules that Mr. Jones proceed with reading that report as submitted. Mr. Paluso: I think we should ask Mr. Hormell. Mr. Hormell: I made an effort to objectively do what I was told to do, and I did. I am per- fectly willing after the matter is read for anyone to analyze it and determine whether they think there is any kind of conflict of interest. I do not think so. The law firm is not the Count - Solicitor. I'm an individual, and my responsibility is to do the research I am directed to do. The matter that you bring up is properly a matter for the Bar Association, not the County Commissioners. Commissioner Jones then read the report as submitted by Solicitor Oliver N. Hormell which may be found on Pages 19 - 27. Mr. Elish: I think this report is the most libelous, scandalous, and perhaps the most ridiculous in the history of this County. (Mr. Elish then gave further comments on Mr. Hormell's report and also explained his transaction with Mr. Jack L. Roseman that was men- tioned in said report.) Mr. Flynn: If you care to take exceptions to this, whichever way you may so desire, whether it be the Attorney General or the Commonwealth of Pennsylvania, however it may be, it is up to you. Now, that is part of the report. Later on in the business, I myself intend to bring up some comments here that I think should be taken into consideration - actions done by this Board which I think are illegal. Mr. Paluso gave his comments on Mr. Hormell's report. Mr. Paluso referred to the following statement in Mr. Hormell's report: "For years, scores of county employees have purchased properties at public sales. " Mr. Paluso repeated that he thinks that this 5'74 MINUTE ■■ BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS should be investigated and completed and found out if this statement is true or false. If it is false, then Mr. Hormell is to be reprimanded. If it is true, these people should be brought to justice for performing an illegal act, if it is illegal. Mr. Flynn: For the record, the Chair will take your request under advisement. Mr. Paluso: I don't want it under advisement. I'm making it in the,form of a motion that this allegation by Mr. Hormell be investigated. Moved by Mr. Paluso that this allegation by Mr. Hormell be investigated. Motion lost for the want of a second. Regular Order of Business: Old Business: Mr. Hormell - Awarding of Bids Moved by Mr. Jones, seconded by Mr. Paluso, that the contract for the fur- nishing and delivering of one (1) 1973 Model - New - American Made Dump Truck - 2 a Ton be awarded to DONORA MOTOR, INC., 1st and Meldon Avenues, Donora, Pennsylvania, 15033, for the amount set forth in their bid; this being the lowest responsible bid received and in accordance with specifications. Said action based on the recommendation of Solicitor Hormell. 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 contract for the fur- nishing and delivering of one (1) 1973 Model - New - American Made Crew Cab F250 Custom Pickup or Equivalent be awarded to WASHINGTON INTERNATIONAL TRUCK SALES & SERVICE, INC., 1105 Fayette Street, Washington, Pennsylvania 15301, for the amount set forth in their bid; this being the lowest responsible bid received and in accordance with specifications. Said action based on the recommendation of Solicitor Hormell. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Moved by Mr. Paluso, seconded by Mr. Jones, that the contract for the fur- nishing and delivering of one (1) 1973 Model - New - American Made Side Door Delivery Station Bus, 8 Passenger Minimum be awarded to PANKOPF FORD SALES, INC., 470 Washington Road, Washington, Pennsylvania 15301, for the amount set forth in their bid; this being the lowest responsible bid received and in accordance with specifications. Said action based on the recommendation of Solicitor Hormell. Roll call vote taken: 1 1 Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. MINUTE BOOK 575 BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 11 Moved by Mr. Jones, seconded by Mr. Paluso, that the contract for the furnishing and delivering of one (1) Model - Station Wagon New Car - American Made - Regular Size No Compact - or Middle Car be awarded to DAVIES AND TREGEMBO FORD, INC,. 728 McKean Avenue, Charleroi, Pennsylvania 15022, for the amount set forth in their bid; this being the lowest responsible bid received and in accordance with specifications. Said action based on the recommendation of Solicitor Hormell. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Correspondence: Mr. Murphy Chief Clerk informed the Board of a Court Order from Honorable Judge Charles G. Sweet, stating that the following schedule will be maintained on Primary Election Day, May 15, 1973: Alexander R. Curran, J. Richard DiSalle, J. Charles J. Sweet, P.J. 7:00 A.M. to 11:30 A.M. 11:30 A.M. to 5:00 P.M. 5:00 P.M. to 9:00 P.M. Mr. Hormell stated that the record should show that either the County Solicitor or Assistant Solicitor will be present during all the hours until the polls are closed and two hours there- after. Chief Clerk informed the Board of a check received from the Commonwealth of Pennsylvania in the amount of $6, 932. 68 for the Washington -Greene Community Action Corporation Contract # 1319 for the month of February; 1973. Moved by Mr. Jones, seconded by Mr. Paluso, authorizing the payment of the following bills: 1. Gene P. Amanati - $400. 00 - appraisal of commercial properties 2. Griswold, Winters & Swain - $981. 95 - Mingo Creek County Park, Professional services in accordance with agreement of Aug. 19, 1971. (Approved by Mike George - Commonwealth Conservation Account) 3. William C. Porter - $128. 00 - RE: James V. Sprowls property Minto Creek Park - Approved by Clay Graham 4. William C. Porter - $4, 000 - RE: Financing of Clarence G. Ashcraft property - Mingo Creek Park - Approved by Clay Graham Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. (Change of Polling Place) Moved by Mr. Jones, seconded by Mr. Paluso, approving the following Change of Polling Place: 576 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Precinct: From: Reason: Cross Creek 2nd Twp. Bldg. Petition from Voters TO: Cloustons Garage R. D. 2, Avella, Pa. $15. 00 Roll call vote taken: (Recount Board) Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Rent: $. 00 Moved by Mr. Jones, seconded by Mr. Paluso, appointing the following County employees to assist on the Recount Return Board for the Primary Election to be held on May 15, 1973: Joseph Muscaro Mildred Farrah Mary Rastoka Kristine Kazarick Linda Magera Vicki Heyman Philomena Chuey Roll call vote taken: Director Assistant Director Clerk Clerk Clerk Clerk Clerk Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. Moved by Mr. Jones, seconded by Mr. Paluso, appointing six (6) persons, other than County employees, to the Recoufat Return Board for the Primary Election to be held on May 15, 1973. (Mr. Jones' appointments) Bea Angerman 625 Decker Street Monongahela, Pennsylvania 15063 (Mr. Flynn's appointments) Yolanda Sedan Union Township, R. D. 1 Finleyville, Pennsylvania 15332 Mrs. Joan Douglas Mrs. Patricia Fratini 109 Roth Street Box 225 Houston, Pennsylvania 15342 Bulger, Pennsylvania 15019 (NOTE: Commissioner Paluso stated that he had not been able to get in touch with his County Chairman yet.) Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. 11:00 A.M. - Opening of Bids for (a) a 1967 Delta Trailer (used); and (b) purchasing and de- livering of one (1) Low Profile, Industrial Type Tractor to be delivered to Mingo Creek County Park, R. D. 1, Finleyville, Pennsylvania 15332 (Messrs. Gail Ames and John A. Ifft entered the meeting) The following bids were opened and read by Controller Elish and Solicitor Hormell: E C MINUTE BOOK 577 BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS v-- (a) 1967 Delta Trailer (used): (1) Name of Bidder: Mr. Gail Ames Address: 414 Main Street Bentleyville, Pennsylvania 15314 Amount of Bid: $1, 426. 50 Certified check in the amount of $142. 65 accompanied bid. (2) Name of Bidder: John A. Ifft Address: 981 Park Avenue Washington, Pennsylvania 15301 Amount of Bid: $1, 260. 00 Certified check in the amount of $126. 00 accompanied bid. ------------------------------------------------------------------------------------- (3) Name of Bidder: Juan Mansur Address: 415 Euclid Avenue Canonsburg, Pennsylvania 15317 Amount of Bid: $2,620. 00 Certified check in the amount of $262. 00 accompanied bid. (4) Name of -Bidder: Paul Lindley Address: R.D. #2 Eighty Four, Pennsylvania 15330 Amount of Bid: $1, 911. 00 Certified check in the amount of $191. 10 accompanied bid. ------------------------------------------------------------------------------------- (5) Name of Bidder: Edward D. Walters Address: R.D. #2, Box 257 Monongahela, Pennsylvania 15063 Amount of Bid: $1, 205. 00 Certified check in the amount of $120. 50 accompanied bid. (6) Name of Bidder: William R. Baumgardner, Jr. Address: R.D. #2, Box 570-E Monongahela, Pennsylvania 15063 Amount of Bid: $1, 100. 00 Certified check in the amount of $110. 00 accompanied bid. ------------------------------------------------------------------------------------- Moved by Mr. Jones, seconded by Mr. Paluso, that all bids be tabled until the County Solicitor has perused them and that the awarding or rejection of bids be held in abeyance. W MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. (Bidders left the meeting) (Messrs. Kim Mason and Harry L. Lee entered the meeting) (b) Purchasing and Delivering of One (1) Low Profile, Industrial Type Tractor to be delivered to Mingo Creek County Park, R. D. 1, Finleyville, Pennsylvania 15332 (1) Name of Bidder: Somerville Equipment Company Address: 88 Murtland Avenue Washington, Pennsylvania 15301 Amount of Bid: $4, 799. 00 Certified check in the amount of $479•. 90 accompanied bid. (2) Name of Bidder: Pascoe Equipment Company Address: R. D. 2 Oakdale, Pennsylvania 15071 Amount of Bid: $4, 850. 00 Bid Bond with the Aetna Casualty and Surety Company accompanied bid. (3) Name of Bidder: MacIntyre Equipment Company, Inc. Address: 775 N. Washington Road McMurray, Pennsylvania 15317 Amount of Bid: $5, 205. 18 Certified check in the amount of $520. 52 accompanied bid. Moved by Mr. Jones, seconded by Mr. Paluso, that all bids be tabled until the County Solicitor has perused them and that the awarding or rejection of bids be held in abeyance. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. (Bidders left the meeting) (Mr. Whalen) Moved by Mr. Jones, seconded by Mr. Paluso, approving the County's par- ticipation in a supplementary program under the Public Employment Program to be administ- ered by the Neighborhood Youth Corps. Roll call vote taken: 1 1 Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes. Motion carried unanimously. MINUTE BOOK 579 BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS C C iJ Discussion was held on the purpose of the Salary Board. Mr. Flynn: For the record, the Salary Board has no jurisdiction to hire or fire employees. Mr. Elish: What is the function of the Salary Board? Mr. Flynn: To determine the number and compensation thereof. Discussion was then held on the dismissal of County employees. Mr. Flynn: We have never, since I have been here in ten years, fired an employee. When you come in and recommend that they dismiss Jane Doe or John Smith, that becomes a matter of record because it shows us that he is taken off`the payroll. At no time has this Board of Commissioners ever voted to fire any individual employee. It is all done on the basis of the public officeholder himself. Moved by Mr. Jones, seconded by Mr. Flynn, that the meeting of the Salary Board on April 26, 1973, having considered matters which are within the sole power of the Board of Commissioners, having violated its own rules, having voted upon motions declared out of of order by the Acting Chairman, and having made illegal motions and voted upon the same illegally, that the following be made a matter of record: 1. That the record show that the motion to fire Mr. D. Keith Melenyzer is considered by this Board to be illegal, void, and of no effect, as an illegal invasion of the powers of this Board and that Mr. Melenyzer be directed by the Chief Clerk to continue in the performance of his duties at his salary as set by the Salary Board and provided for in the budget. 2. That the record show that Mr. Thomas E. Scurfield may be the choice of Mr. Paluso but is not the choice of this Board and that the Chief Clerk be directed to notify Mr. Scurfield that this Board, although it is sorry that he became innocently involved, cannot appoint him to the Assessment Appeals Board because there are no vacancies on that Board at this time. 3. That the record show that Mr. Elish did not follow the procedure he him- self voted to establish; that the appointment and setting of a salary for Charles A. Gillespie as a Temporary Special Auditor and Accountant for the Controller's Office, was out of order; and that this Board will sign no payroll checks or permit Mr. Gillespie to be paid by the County unless and until such time as he may be legally hired in accordance with the law and procedure of this Board and the Salary Board and that the Chief Clerk is directed to so notify the Controller. Remarks: Mr. Flynn: Mr. Elish: Mr. Flynn: Mr. Elish: What is the status of one Mr. Melenyzer? He is off. On whose authority? On the Salary Board. 580 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Mr. Flynn: Who appointed Mr. Melenyzer? Who has the power to appoint? Who made the appointment? Mr. Elish: I don't care who made the appointment. I would like to see the whole Board abolished, and you Commissioners take the responsibility instead of fooling around here with trifle things. Mr. Flynn: What is the status of one Mr. Scurfield? Mr. Elish: He is on the payroll. If you don't want to pay him, fine; and Mr. Melenyzer isn't going to get paid either because I make the checks. Mr. Flynn: Mr. Scurfield is on the record appointed by whom? Mr. Elish: By the Salary Board by a 2-1 vote. How are you going to change that? Mr. Flynn: You are accepting that authority that you have the right to appoint, right? Who administered the oath of office to Mr. Scurfield? Mr. Paluso: He hasn't been sworn in yet. Mr. Elish then brought up the subject of McDonald Associates. Mr. Flynn: I have all the records on Mr. DeiCas. I have told you publicly that based upon some of the terminology that you have used, that if you have any reason to believe that there is anything irregular, anything underhanded, or to be very blunt and specific, anything crooked, sir, then you have the responsibility to the taxpayers to bring it to their attention. Mr. Paluso: Gentlemen, this arguing, I don't think this meeting is the place to do it, and I move that this meeting is the place to do it, and I move that this meeting adjourn. Mr. Flynn: The Chair doesn't recognize the gentleman. Mr. Paluso: I'm saying that this has no bearing on County business, and I want the - meeting adjourned. Mr. Flynn: Well, if you are not satisfied, sir, may I suggest you absent yourself from the meeting. Mr. Paluso: Well, I'm sure you would like that every meeting. Mr. Flynn: - Well, it doesn't make any difference whether you are here or not because I am not dependent upon your vote anyway. Mr. Paluso: I hope that its on the record. Discussion was then held on correspondence to Michael Baker and a questionnaire sent to the County Engineer by Mr. Elish. Moved by Mr. Jones, seconded by Mr. Flynn, that any action taken at the Salary Board (held on April 26, 1973) that was germaned to problems relating to the Regular Board Meeting be rescinded because the Salary Board has no authority whatsoever to handle those cases. I L Remarks: Mr. Paluso: For the record, I think this whole discussion is ridiculous, and this motion should MINUTE BOOK 581 BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS be properly taken up at Salary Board and corrections made. I think it is .out of order to be even brought up here. I repeat I think that this is a proper matter for the Salary Board to change anything that it did and should be done at the Salary Board; plus you are using Salary Board minutes to make statements and these minutes haven't been approved by the Salary Board to begin with so it is not legal to even use them to build whatever case you are trying to build. Roll call vote taken: Mr. Jones - Yes; Mr. Paluso - No; Mr. Flynn - Yes. Motion carried. Mr. Flynn: I have one more item. This has to do with the money that we are obligated to Erie County in the sum of eighty some thousand dollars. I would like for the record to show just what is the status. I have here a copy of a letter to the County Commissionersunderdate of April 6, 1973, telling us that they have attached the costs to date and submit to our County for immediate payment forthwith. This is May 3, and we have yet to see any of these bills. Mr. Elish stated that there is $82, 000 worth of,bills, and what they have done is checked and rechecked and are charging each bill to each department that it is for. He stated that his -offiee, is ready to go. Mr. Flynn then reminded Mr. Elish of the proper pro- cedure for the payment of bills. Mr. Flynn stated that once the Controller's Office has approved the vouchers that the Commissioners intend to live up to their part. Solicitor: Mr. Gilmore Assistant County Solicitor Gilmore presented to the Board for their con- sideration an Application for Grant for Juvenile Court Probation Services in which $24, 114. 00 would be available to the County. Mr. Gilmore recommended that the Board approve this request and that in this approval is the raising of the salaries of the five Assistant Probation Officers to the mandated minimum set by the Juvenile Court Judges. Remarks: Mr. Paluso: By doing this, we will actually be saving the County in its own tax money $14, 000 a year. The budget will be higher, but the County's own money participation will be reduced by $14, 000 net; however, we will become under the mandated raise. I would suggest then if we do okay this that it be predicated on the receipt of this amount of money because if it doesn't, we have gotten ourselves into the bind of raising salaries; and we don't always get the amount of the grant that they tell us to begin with. I would suggest that those pay raises do not go into effect until the grant is received in order to protect the taxpayers of the County. Moved by Mr. Paluso, seconded by Mr. Jones, approving application for the abovementioned Grant for Juvenile Court Probation Services and that the salary increases be predicated upon the receipt of the money. Roll eall vote taken: he is a County employee for a definite term of office. 582 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MINUTE I= I ril ■ � BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS The Court has had an opportunity to interpret this matter in the case of Meade -vs - Clark, 87 D and C, 314, 1954, affirmed in part, modified in part, and reversed in part on other grounds by the Supreme Court at No. 372 Pa. 355. The Court stated that neither the members of the Board of Revision of Taxes of Philadelphia, nor the members of the Registration Comm- ission of Philadelphia, are County officials within former Section 8, Article 14, of the Con- stitution since they were not on the list of such officers enumerated by the Constitution as set forth above. In my opinion, it is obvious that Judge Curran knew of the Constitution, and knew of this provision, or otherwise he would not have permitted the person in question to have made a bid in open court. I believe, for the above reasons, that the purchases therefore, which I set forth on the Exhibit attached to this letter, by Judge Barron P. McCune, Anthony Scatena, George Anthou, J. D. Costa, and Judge Charles G. Sweet were all valid purchases, and were not within the prohibition of this section because either these parties were not a "County officer" or had noconnection with the County at the time of the property acquisition. On the other hand, a purchase of certain property by Mr. Elish, to which I will later refer, is another matter. The next legal question to be interpreted is, was there a purchase? The word pur- chase means something obtained for a price in money (Webster's dictionary). The legal definition is a transmission of property from one person to another by voluntary act and agreement, founded on a valuable consideration (Blacks Law Dictionary). In order for title to transfer to real estate a deed must delivered. My investigation in this case indicates that a deed was not delivered, and therefore the purchase was not completed. For this additional reason therefore, and also because I now understand that Mr. Melenyzer has demanded the return of his money before the purchase is completed and the deed delivered, I consider the accusation made by Mr. Elish to be of no validity, and motivated by no other desire than to use the Salary Board meeting as a forum for his political campaign. I consider this type of conduct to be reprehensible, and therefore I repeat what I told Mr. Elish at the meeting that I was "shocked by his conduct". When you directed me to investigate this matter, in addition to ascertaining what had happened in the specific sale involved, I had the records examined for transfers from the County to specific grantees as a result of tax sales. I indicated to you that this was not com- plete, and I have attached to this letter the summary of what we found. One of the items which was found, was a transaction which involved Mr. Elish himself. On August 1, 1955, Peter Elish acquired real estate from Jack L. Roseman et ux for a consideration of $525. 00, for seventy-six acres of surface located in West Finley Town- ship upon which there was erected a three room house and barn. This deed was recorded on August 17, 1955, in Deed Book Volume 938, page 449. Mr. Jack L. Roseman purchased the same property from the Washington County Tax Claim Bureau by deed dated January 22, 1953, and recorded in the Recorder's office of Washington County on January 23, 1953, in Deed Book Volume 853, page 490. The consideration paid by Mr. Roseman was $525. 00. Please note that Mr. Elish paid Mr. Roseman exactly the same amount of money for this property as Mr. Roseman paid the Tax Claim Bureau. My investigation indicates that on this property there was a public auction and that the amount of taxes due was $255. 66. Also due on this property were two liens in favor of the Department of Public Assistance at No. 260 May Term, 1952, and No. 261 May Term, 1952, in the amount of $2, 000. 00 each for a total of $4, 000. 00. Therefore, at the time of the sale to Mr. Roseman, there was due on this property $4, 000. 00 to the Commonwealth for a D. P. A. lien and $255. 66 for taxes. $307. 05, according to the County records, were applied to the lien of the Department of Public Assistance. I assume that either Mr. Roseman or Mr. Elish compromised this $4, 000. 00 claim for the sum of $307. 05 with the State. On January 26, 1956, Mr. Elish sold 43 acres of the above 76 acre tract to Frank Burchick by a deed that is recorded in Deed Book Volume 952, page 118, for a consideration of $1, 250. 00. The deed specifically says that this is part of the property sold to Mr. Elish by Mr. Roseman as recorded in Deed Book Volume 938, page 449. Please note that Mr. Elish, for 43 acres of the property, received $1, 250. 00, while he paid a total of $525. 00 for 76 acres, and he still has in his possession 33 acres. In my opinion, the fact that the consideration for the property is exactly the same, the compromise of a $4, 000. 00 claim with the State for $307. 05, the sale of part of the property for almost 2 1 /2 times what all of the property cost, the close proximity of the date of the transactions, and the other factors involved in this transaction certainly puts Mr. Elish in a position where he has an obligation to explain this transaction to the public, since the possibility exists that he himself might well be- in violation of the County Code because he definitely is a County officer within the definition by the Constitution and the County Code prohibits a purchase by a County officer directly or indirectly at any tax or municipal claim sale. In addition, the matter should be independently investigated to ascertain whether Mr. Elish was either directly or indirectly involved in the purchase of property at a tax sale, and to thereby determine whether he was involved in improper or illegal conduct. 'dilUUTE BOOK BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS 1 My investigation as set forth above leaves me to the following conclusions: 1. The motion to fire Mr. Melenyzer was out of order. 2. The motion to hire Mr. Scurfield was out of order. 3. The motion to fire Mr. Melenyzer was illegal. 4. The motion to hire Mr. Scurfield was illegal. 5. Mr. Melenyzer is a member of the Board and is entitled to compensation. He shall serve for his term and cannot be dismissed by the Salary Board. 6. Mr. Elish should come forward to explain the transaction in which he was involved to show that it was an arms length transaction and therefore not in violation of the County Code. In addition the transaction should be further independently investigated. 7. I further recommend that in the future at all sales every party who bids on any sale be required to sign an affidavit that he is not acting for any County officer within the meaning of the law so that the efficacy of our tax sales can continue to be upheld. Very truly yours, Oliver N. Hormell, Esq. County Solicitor ONH/crc cc: Michael R. Flynn Edward M. Paluso F. D. Whalen J. V. Murphy D. Keith Melenyzer Peter Elish Attachment (1) EXHIBIT "A" /s/ For attachment to letter and opinion directed to Mr. Jones in answer to his direction to investigate and advise. The following is not intended to be a complete list. There probably are many more similar transactions recorded. Below each item I have made a comment. (1) Judge Barron P. McCune, grantee; deed from Washington County Tax Claim Bureau; dated March 12, 1962; Recorded March 12, 1962 in Deed Book Volume 1123, page 563; for 7, 4356 acres in Canton Township, � consideration $110. 35. C:amment: Grantee not a "County officer" within the meaning of the Constitution. Therefore no violation of the County Code and the transfer is valid. (2) Anthony Scatena, Chief County Detective; grantee; Washington County Tax Claim Bureau: (a) November 15, 1972; lot 40-41; West Beth Township, per 254 Sept. 1961, and 308 Sept. 1972, A. D. ; Deed Book 1388, page 81. (b) April 14, 1969; lots 121 and 128, East Beth Township; per 406 Jan. 1969, A. D.; Deed Book 1297, page 798. Comment: Grantee not a "County officer" within meaning of the Constitution. Therefore no violation of the County Code and transfers are valid. (3) George Anthou, Assistant District Attorney; grantee; deed dated Dec. 29, 1967 as per 404 Sept. 1967, A. D. , for 242. 10 X 351. 73 in Nottingham Township; Deed Book 1271, page 901. MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS Comment: Valid of (1) he was not an Assistant District Attorney in 1967, and (2) the term District Attorney is not interpreted to include an Assistant District Attorney as a "County officer", within meaning of the Constitution. (4) Jesse D. Costa, District Attorney, grantee: (a) Deed dated Jan. 19, 1953; as per 6 Feb. 1953, A. D. for lots 51, 52, 53 in Bentleyville; Deed Book 853, page 118. (b) Deed dated Jan. 17, 1955; as per 31Feb. Term, 1955, A. D. for lot 7 in Bentleyville; Deed Book 919, page 159. Comment: Valid because although a District Attorney is a "County officer", Mr. Costa did not occupy that position in 1953 or 1955. (5) Judge Charl es G. Sweet, grantee: deed dated Feb. 9, 1951, for lot 54 as per 260 Nov. Term, 1950, A. D. in West Beth Township; Deed Book 784, page 380. Comment: Valid because he was not a Judge in 1951 and even if he were he is not a "County officer" within the meaning of the Code as per the comments on Judge McCune's transfer above cited. (6) Peter Elish, County Controller, grantee: Deed from Jack L. Roseman et ux, dated August 1, 1955, for 76 acres in West Finley Township, recorded in Deed Book 938 page 449, and being the same property purchased by Roseman from the Tax Claim Bureau on Jan. 22, 1953, recorded in Deed Book 853, page 490. Comment: Subject to suspicion and should be investigated and prosecuted if the facts of the investigation warrant because: (1) Both deeds contain the same consideration ($525. 00) and Roseman sold it to Elish for exactly the same price he paid for it. (2) Claims against the property were $255. 66 taxes, and $4, 000. 00 in D. P. A. judg- ments. The taxes were paid and the D. P. A. judgment presumably compromised and cleared off by paying $307. 05 on a $4, 000. 00 claim,. (3) Elish later sold 43 of the 76 acres for about 22 times ($1, 250. 00) what he paid ($525. 00) for the 76 acres. (4) If Roseman were a "straw man" then Elish purcIR sed the property "indirectly" and therefore illegally under the Code. This is the gravamen of the type of conduct the Code seeks to prevent because: (a) Acquiring tax property in this manner is not done in open Court, but secretly; not by competitive bidding to drive the price to the public up, but clandestinely to keep the price down; not under the direction and supervision of a Judge, but by using a device to avoid such judicial scrutiny. (5) The assessment record indicates that Roseman was assessed for 76 acres at $1, 200. 00 and a building at $300. 00. Based upon the official 30% official assessment ratios in this County it would have a minimum value of $5, 000. 00 and Elish purchased it for $525. 00 or a little more than 1 /10 of its true value. (6) El ish is a "County officer" as defined by the Constitution and at the very least, as a bare minimum has the duty to come forward to show that his was an arms length transaction and that therefore he did not engage in illegal or improper conduct. C L7