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HomeMy WebLinkAboutCOMM - Meeting Minutes - 102 - 1-8-1970 - COMMISSIONER MINUTE BOOK ' BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, JOHN P. BEVEC, JOHN MAZZA, COMMISSIONERS NO. 102 Office of the County Commissioners Washington, Pa. , January 8, 1970 The Board of County Commissioners met in regular session with the following members being present: Commissioners Bevec, Mazza and Flynn. Also present being: County Solicitor Capano, Chief Clerk Murphy, County Surveyor Yuhas, Public In- formation Officer Huber, Controller Elish, Deputy Controller Whalen, Controller Solicitor Hormell, Mr. John L. Nelan, Mrs. Coleman of the Brownsville-Telegraph and Mr. Crouse of the Observer - Reporter. Meeting called to order by Chairman and roll call taken: Mr. Bevec - Present; Mr. Mazza - Present; Mr. Flynn - Present. Chairman asked if there were any corrections, additions or omissions to Minute No. 101 and Minute No. 102, each member having received a copy. Moved by Mr. Mazza, seconded by Mr. Bevec, that Minute No. 101 and Minute No. 102 be approved, as read. Roll call vote taken: Mr. Bevec - Yes; Mr. Mazza - Yes; Mr. Flynn - Yes. 1 Motion carried unanimously. Mr. Jack Merdian of WJPA Radio Station entered the meeting. I Old Business: None. Chief Clerk-Correspondence: Resignation: +� i Letter under date of December 31, 1969, from Clyde G. Tempest, Member of the Board for Assessment of Appeals (recently elected to the office of Justice of j the Peace of Washington County) stated he was submitting his resignation as a member of I said Board in accordance with the law that states no Magistrate or Justice of the Peace may hold a position of profit with the commonwealth or any political division thereof. " I Moved by Mr. Mazza, seconded by Mr. Bevec, that the resignation as r ' submitted by Clyde G. Tempest, be accepted with regret; this action to be'-,effective January 1, 1970. Roll call vote taken: Mr. Bevec - Yes; Mazza - Yes; Mr. Flynn - Yes. Motion carried unanimously. i Letter under date of January 1, 1970, from Douglas Bowman, County Superintendent of Schools, extended appreciation from the Washington County Board of I r MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, JOHN P. BEVEC, JOHN MAZZA, COMMISSIONERS e brequest;Education for the consideration giv n y the +.County Commissioners to their budget being aware of the increasing costs of the County government, they will be very happy to work within a budget which the County Commissioners should approve. Chairman made note that the Board accepts this communication with pleasure. Invoice: Moved by Mr. Bevec, seconded by Mr. Mazza, that invoice in the amount f of $1, 000. 00, as submitted by Donald E. York, MAI, for the appraisal of Donaldson's i j Crossroads Shopping Center, be approved for payment. Roll call vote taken: Mr. Bevec, - Yes; Mr. Mazza - Yes; Mr. Flynn - Yes. Motion carried unanimously. Letter under date of December 30, 1969, from John C. Pittenger, member of the Pennsylvania House of Representatives, informed the Board the special committee I of the House of Representatives to investigate the administration of real estate tax assess- ments, and particularly the structure of exemptions to the real estate tax, has scheduled f a series of public hearings for the months of January and February, listing the date and place of each hearing; the Board was invited to present testimony at any one of the hearing , G I devoted to any question or questions relative to structure and administration of local real estate tax in Pennsylvania. To present testimony, please inform Mr. Pittenger in writing � at Room 302, Capital Building no later than two days before the date of hearing. F j Mr. Flynn: We discussed the scheduled hearings and decided we would consult with our Tax Assessment Office and legal staff (Messrs. Capano and Porter) and make presentations to the Committee; however, in checking the newspaper, the listed series of hearings have been cancelled and as yet there isn't a new schedule, but we will definitely proceed, Washington County Airport Project No. 9-36-043-D904: Letter under date of January 5, 1970, from Walter M. Maravich, Michael A Baker, Jr. , Inc. , enclosed copies of the Rj�, commendation for !payment in favor of Louis r M. McMaster, Inc. : a final inspection of the electrical work will be made in the near future at which time the retained amount (10% retained) will be processed for payment. Periodic Cost Estimate No. 8 - Final, was enclosed. i Moved by Mr. Bevec, seconded by Mr. Mazza, that the sum of $17, 665. 45 payable to Louis M. McMaster, Inc. P. O. Box 175, McMurray, Pennsylvania 15317, for Washington County Airport Project No. 9-36-043-D904, be approved for payment. Remarks: Mr. Mazza: Is this the final payment? MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, JOHN P. BEVEC, JOHN MAZZA, COMMISSIONERS Mr. Yuhas: Yes, for McMaster it is, 10% is the retention amount held back, there has to be another inspection. Roll call vote taken: Mr. Bevec - Yes; Mr. Mazza - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chief Clerk presented Recommendation for Payment in favor of W. G. Tomko Plumbing Company approved by Joseph F. Bontempo & Associates and County Surveyor Yuhas. Moved by Mr. Bevec, seconded by Mr. Mazza, that the sum of $755, 59 payable to W. G. Tomko Plumbing Company, 1117 Marlane Drive, Pittsburgh, Pennsylvania 15227, for Washington County Juvenile Detention Home Project, Service Order No. 8930-3- BVB, be approved for payment. Remarks: Mr. Mazza,: Is this the final payment? Mr. Yuhas: No, this is on the Detention Home. Roll call vote taken: Mr. Bevec - Yes; Mr. Mazza - Yes; Mr. Flynn - Yes. Motion carried unanimously. Letter under date of Deaember 23, 1969, from Mrs. Charles A. Gillespie, Secretary, Washington-Greene County Mental Health/Mental Retardation Board, informed the Board of the expiration of terms of four MH/MR Board Members, two from`:Greene County and two from Washington County; an attached letter from Wm. M. Meighen, Chief Clerk, Board of Greene County Commissioners, advised that the Greene County Commission- ers, at their regular meeting on December 30, 1969, reappointed Dr. Edward J. Patterson and Frank E. Schuman as Greene County Representatives on the Washington-Greene County MH/MR Board for three (3) year terms expiring January 1, 1973. Moved by Mr. Mazza, seconded by Mr. Bevec, that the following be re- appointed as members of the Washington - Greene County Mental Health/Mental Retardation Board; this action to be effective January 1 1970 for a period of three (3) years: Dr. Owen Benton Dr. Joseph Siegel; the Washington County Board of Commissioners also approve the reappointments of Greene County. Roll call vote taken: Mr. Bevec - Yes; Mr. Mazza - Yes; Mr. Flynn - Yes. Motion carried unanimously. MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, JOHN P. BEVEC, JOHN MAZZA, COMMISSIONERS Memorandum under date of December 29, 1969, from Michael George, Department of Parks and Recreation Director requested approval to have additonal ap- praisals conducted on the following properties, located in Cross Creek County Park. Code Number Owner- C-4 Emile Lerby C-4-1 Lerby and Ciaffoni C-11 James Wilson C-12 Lee Romanetti C-14 John Hamilton C-20 Lee Wilson C-30 C. T. Davidson Note was made this action has been-suggested by the State Department of Community Af- fairs in order to substantiate increased settlement costs. Mr. George: The original appraisals were done in 1965 and with inflation costs since then, we cannot get anyone to agree on the property settlement. Moved by Mr. Bevec, seconded by Mr. Mazza, that the above listed additional appraisals for properties located in Cross Creek County Park, be approved. Roll call vote taken: Mr. Bevec - Yes; Mr. Mazza - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chief Clerk presented a supplemental statement in connection with the acquisition of land of Ernest Ankrom and Anna Ankrom, his wife - Parcel ME-1, sub- mitted by Robert L. Ceisler. Moved by Mr. Bevec, seconded by Mr. Mazza, that the sum of $18. 74 payable to Robert L. Ceisler, be approved for payment; said amount being in connection with the acquisition of the Ernest Ankrom property and for the following: Malcom Morgan, County Treasurer - Buyer's pro rata share of 196,9 County Tax $ 2. 41 Dorothy Davidson, Nottingham Township Tax Collector - Buyer's pro rata share of 1969 Road and School Taxes 16. 33 Total $18. 74 Roll call vote taken: Mr. Bevec - Yes; Mr. Mazza - Yes; Mr. Flynn - Yes. Motion carried unanimously. Chief Clerk reported a check in the amount of $190. 00 was received from Harry M. Harvey, for Track and Stall Rental at Arden Downs for the months of August through December, 1969. MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, JOHN P. BEVEC, JOHN MAZZA, COMMISSIONERS Letter under date of December 10, 1969, from Mr, and Mrs. Gurosko, Box 217, Avella, Pennsylvania 15312, concerned a complaint in regard to a creek, Brown Town Road in Avella, that needs cleaning, dredged and banked; they checked with the Health Department, Cross Creek Supervisors-who informed them to discuss the matter with the County Commissioners. The Board made note that the matter should be looked into by the Super- visors; however, the letter will be acknowledged and County Surveyor Yuhas instructed to go to Avella and look into the matter. Mr. Yuhas reported on the status of: Little Chartiers Creek in Houston, Pennsylvania - Mr. Patsch will not move the junk cars, preventing the contractor from getting through. Mr. Mazza stated that after making an investigation, he was of the opinion the contractor could get through the right-of-way of Mr. Duggan; Mr. Yuhas reviewed the problems involved, stating it i would be necessary to have a right-of-way from Mr. Patsch. Mr. Bevec: I think we should direct a letter to Mr. Ralph Patsch and also contact Mr. Zeman, their attorney. Mr. Yuhas made note that the right-of-way is the responsibility of the Borough, - Mr. Dugan is willing, 'Mr. Patsch isn't. Chairman was of the opinion a letter should be directed to the Borough Officials, that if a right-of-way is not secured, the County will withdraw their support of the Project. Plum Run in Chartiers Township-Mr. Yuhas wrote a letter to the De- partment of Forests and Waters, concerning the -,proposed channel relocation and an en- gineering survey by the County is a necessary requirement. Mr. Mazza: We should set a policy that we don't go in any township, city or borough without agreements and approval,of the political subdivision because we have run into this trouble, there is no question in my mind that Mr. Patsch wouldn't go alone with right-of- way because they will benefit. Mr. Capano: That policy had been set a couple of years ago, that any borough has to participate and be responsible financially, policing of the area, etc. Mr. Bevec: A letter should be directed to the Chartiers Township Supervisors on this matter, you just can't go in and relocate the channel. ' Mr. Yuhas was instructed to contact the Chartiers Township Supervisors. Mr. Yuhas also reported he had looked at the one in Avella (e6mp-l'aitnt, ' from Mr. and Mrs. Gurosko) before and the Department had turned it down. Mr. Flynn: We will make an effort. s MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, JOHN P. BEVEC, JOHN MAZZA, COMMISSIONERS Solicitor: Solicitor Capano reported receipt of Certificate of Insurance showing i evidence of aircraft and/of airport liability coverage of the Atlantic Aviation Corporation and any of their subsidary corporations including Ohio Valley Piper Sales, Inc. , Wash- ington County Airport: $1. 000, 000. Single Limit Bodily Injury and Property Damage Liabil- ity. West Penn Power Company Right-of-Way (Tax Claim Bureau) Moved by Mr. Bevec, seconded by Mr. Mazza, that a right-of-way be granted to West Penn Power Company (Mon Valley Division) on the property now owned by Washington County (Reference D. B. 1274 -� P. 91 13-13-517-1 (Evans and Marcella Gibso ) right-of-way is necessary in order to accommodate the request of the Mon Valley Sewage Authority for electric services to their new sewage treatment plant in-'Carroll Township. Michael R. Flynn, Chairman of the Board, is hereby authorized to execute the right-of-wa agreement. Roll call vote taken: Mr, Bevec - Yes; Mr. Mazza - Yes; Mr. Flynn - Yes. Motion carried unanimously, f Tax Claim Bureau Free and Clear Sale Request for payment of deeds: Moved by Mr. Bevec, seconded by Mr. Mazza, that the sum of $485. 00 payable to the Recorder of Deeds for properties acquired by Washington County at Free and Clear Sale of November 20, 1969, be approved for payment; said amount is for 61 deeds at $7. 00 - $427. 00 and 8 deeds at $7. 25 - $58. 00. Roll call vote taken: Mr. Bevec - Yes; Mr. Mazza - Yes; Mr. Flynn - Yes. Motion carried unanimously. t Solicitor Capano presented petitions and offer of sale of land, submitted k by Robert L. Ceisler, Solicitor, to the Board for consideration and approval, Mr. Capano: There are two acquisitions of Real Estate - )1. George Fitch et ux - i $23, 500. 00; )2. Russell Campbell et ux - $6, 800. 00. The petitions must be filed, in Court. Moved by Mr. Bevec, seconded by Mr. Mazza that petitions for approval I of purchase of real estate, Washington County, by Board of County Commissioners, be approved and executed for the following; and that Michael R. Flynn - Chairman of the Boar be authorized to acknowledge. 1. Acquisition of Real Estate of GEORGE FITCH AND ANNA FITCH HIS WIFE, in Nottingham Township, Washington County, Pennsylvania. MINUTE KOOK 7 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA• MICHAEL R. FLYNN, JOHN P. BEVEC, JOHN MAZZA, COMMISSIONERS 2. Acquisition of Real Estate of RUSSELL R. CAMPBELL AND ALICE R. CAMPBELL, HIS WIFE, in Nottingham Township, Washington, County, Pennsylvania Remarks- Mr. Bevec; Are these within our present program? Mr. George: No, this is our expansion, Mr. Mazza: Does this complete the property you are interested in on the perimeter on the outline of the park? Mr. George: There is one more excluding these. Roll call vote taken: Mr. Bevec - Yes; Mr. Mazza - Yes; Mr. Flynn - Yes. Motion carried unanimously. Mr. Flynn: There is a request to authorize the destruction of the Surplus Food records. We went into the Food Stamp Program and we have had these records on file since June 1, 1966. The federal government required that we keep the records for a period of three (3) YEARS: I would recommend we go on record authorizing the destruction of these records. Moved b Mr. Bevec seconded b Mr. Mazza, that the destruction of y Y the Surplus Food Redords be authorized; said records having been kept for a period of three (3) years in accordance with Federal Government requirements. Roll call vote taken: Mr, Bevec - Yes; Mr, Mazza - Yes; Mr. Flynn - Yes. Motion carried unanimously, I Mr. Flynn: Under date of August 19, 1969, I received from Mr. Morgan's office (County Treasurer), a letter directed to him by his legal counsel, Gustave Diamond, outlining to him the functions of the county commissioners, controller, and treasurer relative to the fiscal affairs of the county and the disbursements of its funds, etc. ; he gave me a copy of the letter, I gave Deputy Controller Whalen a copy of the letter, that some action must be taken at some time. Further discussed this with Mr. Morgan and further discussed the matter as a Board in conjunction with our County Solicitor and he I advised he is in accord with the thinking of the Solicitor for the County Treasurer; how- ever, beginning the first of the year, the County Treasurer, without the Board's knowledge pro- ceeded to disburse checks we are speaking of, Letter under date of Janua-ry 2, 1970, received from Controller Elish advised that until such a time as the "Procedural" changes in the fiscal system made by the County Commissioners and the County Treasurer, y effective January 2, 1970, are cleared and explained to their office, there, there would be no further disbusements made by their office on any account. We met here Monday, C7 MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, JOHN P BEVEC, JOHN MAZZA, COMMISSIONERS informally, to discuss this and I informed Mr. Elish and company that at no time did the Commissioners instruct the Treasurer to proceed to disburse checks, but we do concur with the thinking of his Solicitor. Solicitor Hormell did not take exception to the interpretation of the law but the manner in procedure. He was informed we did contact Mr. Morgan to cease and desist his procedure until we adopt the necessary procedure, since that time the entire Board of County Commissioners have again reviewed this particular case. Moved by Mr. Bevec, seconded by Mr. Mazza, it is hereby resolved that the County Treasurer effective this date, will disburse all checks for the conduct of the fiscal affairs of Washington County, in accordance with Section 1751 of the County i f Code, which was approved August 9, 1955 P. L. 323 and effective January 1, 1956. f Remarks - Mr. Elish: In other words you are going to let the County Treasurer send out all k checks, Do you realize by doing this you are duplicating things, making more expense, E disbursement of checks by the Controller is historic, I have checked with other counties and their Controller does this. I think you are going to run into more work, we have to recheck, check that the checks are going out anyway. I don't see why this assumption of E duties would be wanted by the Treasurer when it is not specific in the Code. (Mr. Flynn left the meeting to accept an emergency telephone call) Mr. Hormell: -At the meeting to which Mr. Flynn referred on January 2nd and at the re- ` quest of Mr. Bevec and Mr. Mazza I am here and at the request of County Controller I am going to make the position of the County Controller clear and what he intends to do j with this motion if passed. We want the record clear as to what the Controller's position is. l Mr. Hormell made reference to Excerpt from Minute No, 26, dated I April 6, 1964 - Everything should be done by check payment through the office of the I E County Controller; motion was made by Mr. Bevec, and seconded by Mr. Mazza, that effective May 1, st, this is what should be done. We have been following the procedure Eand quite successfully. Now,the procedure which is being proposed changes it so that our first position is in addition to passing a motion, it would be required that the County Commissioners rescind the action they previously took April 6, 1964. (2) They do not interpret the Code as such that the Treasurer would have a ciuplitate record of all county expenditures. (3) For the Treasurer to do this is a useless expense, it is an unnecessary expense, it is a duplication of expenses and the County Controller is bound by the Code to maintain the accounting; all provisions of the Code should be considered. (Mr. Hormell We have no argument with Section 1760 of the Code and we do not disagree with 'Mr. MINUTE BOOK 9 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN. JOHN P. BEVEC, JOHN MAZZA, COMMISSIONERS Capano on Section 1760 but we say in addition to Section 1760, you recognize Section 1705, 17 0 1751 and 1702; no place in any of these sections is there any bookkeeping or accounting author ty invested in the County Treasurer, by doing this you are investing him with authority he doesn't have. Mr. Hormell reviewed the present procedure the checks are channelled stating that with the new procedure the checks would be delivered to the Treasurer's Office, held until logged, it will cause a delay. Mr. Morgan: We have already been logging the checks for a year. Mr. Hormell stated they were of the opinion the proposed procedure is arbitrary and capricious action; before any check is mailed out of any office, it will go back to the County Controller to see it has been properly accounted for. (Mr. Flynn entered the meeting) Mr. Hormell informed the Board that Mr. Elish will defer his final decision on the matter at this time, with the possibility the matter might go to Court. Mr. Flynn: The Controller will insist that all checks must be reconciled in his office i before they-are disbursed? Mr. Hormell: Before 'any checks are mailed we are going to ascertain between the difference of the checks issued and the checks mailed. Mr. Hormell made note that in the beginning, the system involved cash, I and cash receipts, the Controller was in constant argument with the Treasurer and in an attempt to straighten this out, the Commissioners passed their motion. Mr. Huber and Mrs. Coleman left the meeting. Mr. Flynn: We are not doing this capriciously, all we are doing is complying with the I law as it was brought to our attention. Mr. Elish: If you are going to make a change it should be done legally, to cut expenses, i to be more efficient; we have been doing this since the inception of the County. We have an efficient operation. Mr. Hormell: I can assure you that Washington County is such that if the County Controller I, and Commissioners is doing anything wrong, you would have heard about it a long time 71 t. ago, this is not illegal; we are willkig to contest this. Mr. Flynn: The matter was brought to our attention through the Treasurer's Solicitor, our counsel concurred. Mr. Hormell: We are going to have to resolve this, sit down and confer with each other and decide what the proper thing is; I wanted the Commissioners to know this was going to be done. Mr. Bevec: The Commissioners have a right to make a decision.