HomeMy WebLinkAboutCOMM - Meeting Minutes - 72 - 6-7-1973 - COMMISSIONER640 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Segui Motors, Inc. , stating that due to the fact that the special siren equipment specified on
the Jeep four-wheel drive vehicle is not available at price quoted them at the time of the bid,
they can only offer the vehicle at their cost which is $3497.25 without specified equipment thai
was to be installed at their dealership. Mr. Segui stated that if this is not satisfactory, they
will be unable to deliver the vehicle as agreed.
Assistant Solicitor Gilmore recommended to the Board that all bids on this vehicle be re-
jected and that the Commissioners be authorized to re -advertise for bids. Mr. Gilmore also
stated that all advertising costs to re -advertise for bids will be paid from the 10% of Mr.
Segui's original bid and the remainder of the money will be returned to him. This is the
procedure that is usually followed in a case such as this.
Moved by Mr. Jones, seconded by Mr. Paluso that all bids for the four-wheel
drive Jeep be rejected and that the Commissioners be authorized to re -advertise for bids for
said vehicle. Said action based on the recommendation of Assistant County Solicitor Gilmore. k
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Mr. Flynn made reference to correspondence that he received from Mr. H. D.
Bennett, Editor of the Homespun News suggesting to the formation of an Advisory Committee
for the County Parks. Mr. Bennett submitted several names of people who would be willing
to serve on the Committee. Their duties as a committee would be to study all facets of the
park operation and submit a written report monthly to the Commissioners; To make recomm-
endations for improving the park and its facilities as the need arises; To undertake specific
studies requested by the County Commissioners; and to work directly with the Park Director
to make Mingo Park an outstanding park in serving the public.
Moved by Mr. Jones, seconded by Mr. Paluso that the meeting adjourn.
Meeting adjourned.
THE FOREGOING MINUTE READ ANDS -APPROVED:
ATTEST:
Minute No. 72
, 1973
CHIEF CLERK
Office of the County Commissioners
Washington, Pa., June 7, 1973
The Board of County Commissioners met in regular session with the following
members being present: Commissioners Jones, Paluso and Flynn. Also present being:
Administrative Assistant Whalen; County Solicitor Hormell; Assistant County Solicitor
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Gilmore; Helen Miller of The League of Women Voters; and Reporter Robertson of The Observe —
Reporter.
Meeting called to order by Chairman and roll call taken:
Mr. Jones - Present; Mr. Paluso - Present; Mr. Flynn - Present.
Chairman asked if there were any correction, additions or omissions to Minutes
No. 70 and 71, each member having received a copy.
Moved by Mr. Jones, seconded by Mr. Paluso, that Minutes No. 70 and 71 be
approved, as read.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chairman recommended that in the future the minutes of all meetings be con-
densed as much as possible; however, if any member of the Board requests remarks for the
record, the remarks will be entered as such.
Old Business: None
Reports - None
Correspondence - Mr. Whalen
(Chairman noted that Chief Clerk Murphy is hospitalized in the Charleroi-M ones s en Hospital)
(Checks)
checks:
Acting Chief Clerk Whalen informed the Board of the receipt of the following
(1) Check received from the Department of Commerce, Commonwealth of
Pennsylvania, in the amount of $32, 569. 00 for the Crile Site Development.
(2) Check received from the Commonwealth of Pennsylvania payable to the
United Cerebral Palsy of Southwestern Pennsylvania, Inc - $9698. 00 - for the
period January 1, 1973 through December 31, 1973.
(3) Check received from the Commonwealth of Pennsylvania payable to
Washington -Greene County Community Action Corporation for Contract # 1319 -
$6957. 93 - for the month of March, 1973.
(4) Check received from the Commonwealth of Pennsylvania payable to the Mon
Valley United Health Services, Inc. for Day Care Contract # 1319 - $14, 560. 10 -
for the month of March, 1973.
(5) Check received from the Washington -Greene County Community Action
Corporation payable to Washington County - $1749. 95 - as refund of unexpended
funds from Senior Citizens Activity Fund Program for year ending December 31, 1972.
Mr. Earl Bugaile entered the meeting.
(Bills)
Moved by Mr. Jones, seconded by Mr. Flynn, that the invoice as submitted by
G. Herschel Fetherlin in the amount of $100. 00 for testifying in Court for the Washington Mall
Case be approved for payment.
Remarks:
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Mr. Paluso: I will abstain from voting on Mr. Fetherlin's bill because of the same reasons
as the other one in this case.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Abstained; Mr. Flynn - Yes.
Motion carried.
Moved by Mr. Jones, seconded by Mr. Paluso, that the following bills be
approved for payment:
(a) John M. Felice Associates, Inc. - $1307. 25 for professional services
rendered during the month of May, 1973.
(b) William C. Porter - $8000. 00 for the acquisition of the William B. Tremel,
Jr. property at Mingo Creek Park.
(c) Cole -Layer -Trumble Company - $8029.00 for data processing services
as per contract for the period covering June 1-30, 1973.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Acting Chief Clerk stated that at the last meeting the notification was given
the County of the inspection of Harmon Creek Flood Control Sites #479 and #482. Acting Chief
Clerk informed the Board that the Commissioners are in receipt of the inspection reports
which requested that certain corrections be made at said sites. In connection with Site #479 -
the estimated cost of $300. 00 is to reseed emergency spillway and $150. 00 on the emergency
spillway due to damage by bike -trails; and in connection with Site #482 - estimated cost of
$100. 00 for drainage necessary (install drop box and tile).
Mr. Flynn: May I suggest that we turn this over to Mr. Yuhas and he in turn can get in
touch with Mr. Miller so that he can give us an estimated cost.
Acting Chief Clerk read a memorandum under date of June 4, 1973, from
Michael R. Flynn directed to Peter Elish, which stated that due to the hospitalization of Chief
Clerk Murphy, that effective June 4, 1973, and as Chairman of the Board of County Commiss-
ioners that Mr. F.D. Whalen be appointed as Acting Chief Clerk and in the event of his absence
that Mrs. Gloria Jo Cianelli be appointed to the same capacity to perform the functions as
outlined in Section # 520 and # 521 of the County Code. Memorandum further stated that said
action will be confirmed at the next regular Board meeting to be held on June 7, 1973.
Moved by Mr. Jones, seconded by Mr. Paluso, that the Board of County
Commissioners confirm the action as taken by Chairman Michael R. Flynn as per his memo-
randum dated June 4, 1973, as per above.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
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Motion carried unanimously.
MINUTE BOOK
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BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Moved by Mr. Paluso, seconded by Mr. Jones, that the sum of $588. 00 be app-
roved for the radio system which was installed for the New Eagle Volunteer Fire Department;
and that the sum of $797. 50 be approved for the radio system which was installed for the Peters
Township Volunteer Fire Department; said sums representing the County's share of fifty (50%)
percent of the costs for said radio systems.
Roll call vote 'taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Acting Chief Clerk read correspondence under date of May 31, 1973, from
Daniel Ziegler, II - Executive Director of the Fayette County Planning Commission directed to
Mr. Edwin W. Bickhart, Chief - Urban Public Transportation Division of the Pennsylvania De-
partment of Transportation, in reference to the restoration of Ferry Service on the Monongahela.
River for Washington and Fayette Counties. Correspondence transmitted photocopies of the
Washington County and Fayette County Ordinances by which the Joint Monongahela Ferry
Commission was created. Correspondence also included when the Ordinances were advertised
and when said Ordinances became effective and also listed the appointees of the respective
Boards of County Commissioners. Correspondence stated in conclusion that it is assumed that
all future communications' between the two Counties and said Department relating to the subject
project will be handled directly by the new joint Commission. .
Mr. Hormell stated that an organizational meeting of the Joint Monongahela Ferry
Commission will be held on Wednesday, June 13, 1973, at Mr. Hormellls California Office,
of which the Commissioners are invited.
Moved by Mr. Jones, seconded by Mr. Paluso, that the following applications for
additional County Aid from the Liquid Fuels Account be approved as indicated:
Elco Borough $6378.90
Centerville Borough $8477.50
Long Branch Borough $2000. 00
Coal Cuter $ 800.00
New Eagle Borough $1488.40
Roscoe Borough $2000.00
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 Board of County Com-
missioners adopt the sum of $500. 00 as the minimum allocation to any political subdivision.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Acting Chief Clerk stated that in connection with the recent Primary Election,
IBM
MINUTE B o 0 K
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYL,VANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
the initial certification of the recount was made by the County Commissioners on June 1, 1973.
The final certification is dependent upon the petitions to open ballot boxes.
Moved by Mr. Jones, seconded by Mr. Paluso, that Clay Graham, Land
Acquisition Agent, be authorized to attend a meeting in Harrisburg on June 12th and 13th, 1973,
in order to meet with Mr. Fred Owen, Department of Community Affairs, on a variety of pro-
perty and reimbursement items relative to Mingo Park Expansion.
Roll call vote taken;
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Acting Chief Clerk informed the Board that the Public Employment Program is
scheduled for termination June 30, 1974, and that Mr. Fantini, Director of the PEP Program,
has duly scheduled the termination of all people who are involved on a scale that will take
the Program out on an orderly basis. All persons under this Program have been notified
of their termination dates.
Acting Chief Clerk read correspondence under date of May 30, 1973, from
Paul A. Simmons directed to Mr. Flynn which enclosed a copy of a letter to Mr. Charles R.
Clark, Chairman of the Recevelopment Authority Board, which tendered Mr. Simmons resig-
nation as a member of the Redevelopment Authority Board due to Mr. Simmons' becoming a
member of the Common Pleas Bench of Washington County.
Mr. Flynn: I would suggest that we acknowledge same and express our appreciation to Mr.
Simmons for serving on said Board and further state that it is regrettable that he must tender
his resignation.
Acting Chief Clerk read correspondence under date of May 28, 1973, from
Sister DeLellis Laboon which requested the Commissioners to consider the possibility of estab -
lishing a Senior Citizens Center in McDonald. Correspondence listed the names and signatureE
of some of the senior citizens who would benefit from such a center.
Mr. Flynn: I would suggest we acknowledge receipt of the above letter and forward same to
Mr. Petrosky because this is under his jurisdiction.
Acting Chief Clerk informed the Board of Court Order No. 197, May Term,
1973 A. D. in reference to opening of ballot box in the Borough of Ellsworth, Washington
County, Pennsylvania, for the election for the Office of Mayor in the Primary Election held on
May 15, 1973, in which James R. Lutes received 202 votes and Stanley Brovey received 213
votes. Court Order further stated that being that it appeared that there was a substantial error
in thq(count by the Election Board, it is ordered that the Prothonotary return to the petitioner
the sum of $50. 00 which was deposited and further stated that the sum of $25.00 be paid by the
County of Washington to James S. Iams, Chairman of the Recount Board; the sum of $12. 50 to
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Joan Douglas, 109 Roth Street, Houston, Pa. 15342; and $12. 50 to Miranda Barrows, 26 East
MINUTE BOOK 645
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, -JR., EDWARD M. PALUSO, COMMISSIONERS
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Chestnut Street, Washington, Pa. 15301.
Moved by Mr. Paluso, seconded by Mr. Jones, that the sum of $50. 00 be refunde i
due to the substantial error as contained in the above Court Order under the signature of Judge
Richard DiSalle.
Remarks:
Mr. Jones: This mistake was made by a Local Election Board.
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 Mr. F. D. Whalen be
authorized to attend a meeting in Harrisburg along with the Architect on June 12, 1973, with
the Department of Labor and Industry in connection with the two (2) County Homes.
(Budget Item)
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 sum of $250. 00 be ad-
vanced to Mr. Elmer Obitko, Director of Veterans' Affairs, for expenses to be incurred at the
Pennsylvania State Association of County Directors of Veterans Affairs to be held at the George
Washington Motor Lodge, Allentown, Pennsylvania, beginning the week of June 17, 1973.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
New Business: Mr. Flynn
( Holiday)
Chairman stated that the Courthouse will be closed from 4:30 p.m. Wednesday,
June 13, 1973, to 9:00 a.m. on Friday, June 15, 1973, in observance of Flag Day. Next Board
Meeting will be held on Thursday, June 21, 1973.
(Revenue Sharing)
Mr. Whalen: Primarily up to this time we have received $1, 520, 710. 25 in connection with
this Account. Presently there is invested with First National Bank and Trust Company the
sum of of $1, 470, 000. 00. There is one certificate of deposit for $575, 000. 00 which matures
today and another one for $575, 000. 00 which matures on June 20, 1973, and the final one is
$325, -000. which matures July 17, 1973. We have in that bank account in addition to these
three (3) investments the sum of $45, 710. 25 and of course, as of today, the interest on the`
certificate of deposit will be applied to this particular account. It is my recommendation
that this $575, 000. which matures today be re -invested in the amount of $600, 000. 00 and also the
646 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
one that matures on June 20th be re -invested in the amount of $600, 000. 00 which will place
practically all of this money in interest -bearing paper.
Moved by Mr. Paluso, seconded by Mr. Jones, that as per Mr. Whalen's
recommendation, that the certificate of deposit in the amount of $575, 000. 00 which matures June
7, 1973, be reinvested in the amount of $600, 000. 00; and the certificate of deposit in the
amount of $575, 000. 00 which matures on June 20, 1973, be reinvested in the amount of ,
$600, 000. 00 with First National Bank and Trust Company.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chairman suggested that the Commissioners establish a ledger in reference to
the Revenue Sharing Program.
Chairman informed the Board that after perusing the minutes of the Salary
Board meeting held on April 26, 1973, that the action taken in said Minutes were not germane
to Salary Board. Mr. Hormell explained his interpretation of the County Code in that the
Salary Board's power is limited to the number and remuneration of employees and had no
authority to'hire or fire. Chairman then referred to a copy of the payroll voucher as submitteL
and certified by Mr. Lignelli, Chief Assessor, for the pay period ending May 11, 1973, which
listed the name of Keith Melenyzer but in which said name was scratched off by someone in
the Controller's office. Chairman then stated that he instructed Mr. Whalen to send a memoran-
dum under date of May 11, 1973, to Mr. Elish in which it was requested the check number and
amount of Mr. Thomas Scurfield's check. Chairman then read said memorandum. Chairman
stated in conclusion that no reply has yet been received by the Commissioners to said mem-
orandum.
Moved by Mr. Jones, seconded by Mr. Flynn, that the Commissioners go on
record officially to direct Mr. F.D. Whalen to officially notify the County Controller to pay
the employee involved (Keith Melenyzer) the salary which employee has earned and that in the
event that the County Controller does not comply, that the County Controller should follow the
County Code and submit to the Commissioners in writing the reason for not doing so.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - No; Mr. Flynn - Yes.
Motion carried
(Revenue Sharing)
Chairman stated that the Commissioners are required by federal statute to
advertise no later than June 20, 1973, on their planned intent. Chairman stated that it is the
unanimous opinion of the Board that when alinal plan is decided that the Commissioners will
all in in accord. Each Commissioner then made his own individual remarks.
MINUTE BOOK 6V
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK .ZONES, JR., EDWARD M. PALUSO, COMMISSIONERS
Moved by Mr. Jones, seconded by Mr. Paluso, that Michael R. Flynn, Chair-
man of the Board of Washington County Commissioners be authorized to exercise his perogative
in making the Executive Proposal on the use of the Revenue Sharing monies and to advertise as
such on the forms as provided by the Federal Government.
Solicitor:
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Assistant County Solicitor presented a Contract to be executed by the Board of
Commissioners with the Cole -Layer -Trumble Company and recommended that said contract be
approved and executed by the Board.
Moved by Mr. Jones, seconded by Mr. Paluso, that the Board of County
Commissioners approve and execute a contract with the Cole, -Layer -Trumble Company for
continuing computer services for the 1973-1974 year for the Tax Assessment Office; said action
based upon the recommendation of the Assistant County Solicitor.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
I Motion carried unanimously.
Assistant County Solicitor presented a Contract to be executed by the Board of
Commissioners with the Industrial Appraisal Company and recommended that said contract be
approved and executed by the Board.
Moved by Mr. Paluso, seconded by Mr. Jones, that the Board of County
Commissioners approve and execute a contract with The Industrial Appraisal Company in order
that a complete inventory of property, building, etc. owned by the County may be taken; said
action based upon the recommendation of the Assistant County Solicitor.
Remarks:
Mr. Flynn: I would like to suggest that we execute the• contract but I would like to have a
letter to accompany the contract telling them that we would prefer them doing this appraisal
until perhaps September or October of this year because the elevator will be completed, the
windows will be completed and hopefully this air-conditioning and heating system will be com-
pleted. I would tell them that we will notify them when we feel that they should come in and do
the work.
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 Board of Commission-
ers re -submit the application for grant for Juvenile.Court Probation Services for the period
648 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
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January 1, 1973, through December 1, 1973. Said action based upon the recommendation of
the Assistant County Solicitor.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Assistant County Solicitor presented a Tax Refund to the Board for their
consideration and approval.
Moved by Mr. Paluso, seconded by Mr. Jones, that the Tax Assessment
Office be authorized to prepare the following tax refund due to either duplication or over-
payment of real estate taxes:
1. Alex Jr. & Frances Wargo
806 6th Street, West Brownsville
District: West Brownsville Annex --Deed Book Reference: ---
District Number: 675 --- Section Number: 22--- Parcel Number: 1384
Amount: $1.20
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Assistant County Solicitor informed the Board that as Per Minute No. # 70,
dated May 24, 1973, whereby the Commissioners went on record approving the entering into
a proposed contract with McDonald Associates and Ross -Adams, Inc. in reference to the
Master Plan at the Airport - that he and Mr. Hormell have perused the proposed contract and
have found a couple of paragraphs to be rewritten. Mr. Gilmore then reviewed said paragraphs.
Mr. Hormell then made the following remarks for the record:
Mr. Hormell: The comments I am about to make do not specifically refer to work to be
done on this agreement but I want to make them because there is a misunderstanding by some
people as to the method of payment for professional engineers. It has been made a matter of
public record that this County is paying engineers before they do any work. Now that
allegation was made on another contract which presently is in Court and there is a provision
in this contract that provides for 10% payment and I would assume that if the parties who are
taking this position are consistent they will make a similar allegation in this agreement.
Therefore, I want it made a matter of record that I have stated before that this type of
practice is not unusual in that it is taken from the standard type of agreement between owners
and engineers for professional services which have been issued by the National Society of
Professional Engineers and it is a common practice. Also, I want to point out that it is not
a payment in advance of .work being done. It is to the contrary. To cover the situation that
between the time that a payment is made which usually would be 30 days or more after the
contract occurs and the time when the thing starts the engineer picks up the costs and there-
fore, this 10% is calculated to take care of that. I specifically requested McDonald Engineers
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MINUTE B❑❑K
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
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to send me a letter on this matter because I knew it would becoming up here and it has come ulq
on the other and I want to read this letter into the record and then we will attach these papers
to both of the cases involved. (Mr. Hormell then read said letter under date of June 1, 1973,
from C. Vance DeiCas, P.E, which can be found on Page 13-A.) I want it definitely understoad
that when our office made the statement that this was in conformity with the practive of pro-
fessional engineers, this is what we were referring to. And it had been called to our attention
that Michael Baker Associates had written a letter and had expounded an opinion on this type
of thing and I would say for the record that they, being professional engineers and the licensing
division of the Commonwealth of Pennsylvania all recognize this type of action.
Chairman recommended that subject to said paragraphs being rewritten on the
contract that the contract can be submitted to the Commissioners in its final form for executio i.
Assistant County Solicitor informed the Board that as Per Minute No. # 70
dated May 24, 1973, that the Commissioners instructed the Legal Department to examine the
contract in reference to the Heating and Air Conditioning. Mr. Gilmore stated that he and
Mr. Hormell have examined the contract and are of the opinion that there is a default under
the contract because it does specifically provide therein that the time for completion of the
work to be done hereunder are essential conditions of the contract. Mr. Gilmore stated that it
is their recommendation that the contractor be advised that the Commissioners consider them
to be in default of the contract and to also give them a specified number of days to meet with
the Legal Department in order that they may offer some proposal that they are going to meet
their obligation under the contract.
Moved by Mr. Jones, � seconded by Mr. Paluso, that the Legal Department be
authorized to proceed as per above.
Roll call vote taken:
Mr. Jones - Yes; Mr. Paluso - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
June 1, 1973
Oliver Hormell
Washington County Solicitor
County Courthouse
Washington, Pennsylvania
Dear Oliver:
Page 13 -A
Enclosed you will find a Standard Form of Agreement between Owner and Engineer for
Professional Services issued by the professional engineers in private practice, which is a
section of the National Society of Professional Engineers.
You asked for verification of article 6. A (1) on page 4 in the Agreement with the County.
On page 6, of the enclosed contract, article 6. 2. 2. refers to this and is the same as article
6. A (1) in the contract between the County and myself. If you read on further, article 6.2. 3
explains the breakdown of the general contract and their percentages thereof. Although this con-
tract has no schemeatic planning phase or preliminary plan phase, final design phase, bidding
or negotiation phase, or construction phase, it does have seven (7) phases set forth thereof
each representing the total, contract.
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MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASH NGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN. FRANK JONES, JR., EDWARD M. PALUSO, COMMISSIONERS
The $8, 500. 00 is not 10% of the total contract cost, but represents a payment, in good faith,
to the engineer for a minimum of 30 days which would elaspes from the date the contract was
signed to the first monthly billing. In that time elaspes, work cost would have been bore by
the engineer.
Yours very truly,
C. Vance DeiCas, P. E.
McDonald Associates Engineering
Assistant County Solicitor informed the Board that in September, 1970, the
County entered into an agreement with Leasepac Corporation regarding the leasing of diskpacks
to be used in conjunction with the van about to be installed NCR Computer System for tax
assessments in the County. Mr. Gilmore stated that sometime thereafter the use of the NCR
Computers was discontinued but no disposition was made as to the lease of the diskpacks from
Leasepac, Inc. Mr. Gilmore further stated that to date the County is indebted in an amount of
$20, 800. 00 to Leasepac for the rental of these diskpacks since September, 1970, and that the
Solicitor's Office has negotiated a settlement with Leasepac in the amount of $15, 500. 00 which
will in turn give the County possession and the right to re -sell the diskpacks in the hope that the
County can recoup some of the loss. Mr. Gilmore stated that there is currently pending an
arbitration hearing in Cleveland, Ohio, which Leasepac has filed against the County, which has
been set for June 14, 1973. Mr. Gilmore requested authorization from the Board to go to
Cleveland in order that the claim may be amicably settled between Washington County and the
Leasepac Corporation.
Moved by Mr. Jones, seconded by Mr. Paluso, that David L. Gilmore,
Assistant County Solicitor, be authorized to go to Cleveland, Ohio, in order that the claim
between Washington County and Leasepac Corporation may be amicably settled, and that the sum
of $15, 500. 00 be authorized by the Board of Commissioners to settle said claim.
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 be adjourned.
Meeting adjourned.
THE FOREGOING MINUTE READ AND APPROVED:
ATTEST:
ACTING CHIEF CLERK
, 1973
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