HomeMy WebLinkAboutCOMM - Meeting Minutes - 196 - 12-16-1971 - COMMISSIONER704 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
I' MICHAEL R. FLYNN, A. V. CAPANO, JOHN MAZZA, COMMISSIONERS -
Moved by Mr. Carroll, seconded by Mr. Capano, that the Contract Agreement
between Washington County and Gerald MacKenzie be entered into as per above.
Roll call vote taken:
Mr. Capano - Yes; Mr. Carroll - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Moved by Mr. Capano, seconded by Mr. Carroll, that the meeting adjourn.
Meeting adjourned.
THE FOREGOING MINUTE READ AND APPROVED:
ATTEST:
CHIEF CLERK
Minute No. 196
1971
Office of the County Commissioners
Washington, Pa., December 16, 1971
The Board of Commissioners met in regular session with the following members
being present: Commissioners Capano, Carroll, and Flynn, Also present being: Chief Clerk
Murphy; County Solicitor Porter; Mr, Roland Bourke, Director, Washington County Redevelop-
ment Authority; Mr, Jerry DeVia - Redevelopment Authority; Reporter Roule of The Mononga-
hela Publishing Company; Reporter Robertson of The Observer -Reporter; and Public Informa-
tion Officer Huber,
Meeting called to order by Chairman and roll call taken:
Mr, Capano - Present; Mr. Carroll - Present; Mr, Flynn - Present.
Chairman asked if there were any corrections, additions, or omissions to Minute
No. 195, each Commissioner having received a copy,
as read,
Moved by Mr. Capano, seconded by Mr. Carroll, that Minute No, 195 be approved,
Roll call vote taken:
Mr, Capano - Yes; Mr. Carroll - Yes; Mr. Flynn - Yes.
Motion carried unanimously,
Old Business - None
Special Order of Business:
Chairman stated that the regular order of business would be dispensed with in
order that County Solicitor Porter could make his presentations to the Board.
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MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, A. V. CAPANO, JOHN MAZZA, COMMISSIONERS
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(Tax Refund)
County Solicitor Porter presented a Tax Refund to the Board for their considera-
tion and approval.
Moved by Mr. Carroll, seconded by Mr. Capano, that the Tax Assessment Office
be authorized to prepare the following tax refund due to either 'duplication or overpayment of
real estate tax:
RE: Dick, Noble J. & Jacob G. Kassab
North Franklin Township
Request for refund is being made in re the above -captioned assessment.
1971 county tax in the amount of $35, 100. was paid on August 31, 1971
on the assessed valuation of $1, 950, 000.
Court Order #20 Nov. Term 1971 A. D. reduced assessed valuation to
$1, 350, 000, and tax to $24, 300. , leaving the amount of $10, 800, to be
refunded,
Kindly issue refund check in the amount of $10, 800, to Dick, Noble J.
and Jacob G. Kassab c/o Attorney Milton D. Rosenberg, Washington
Trust Building, Washington, Pennsylvania 15301.
Roll call vote taken:
Mr. Capano - Yes; Mr. Carroll - Yes; Mr, Flynn - Yes.
Motion carried unanimously,
County Solicitor Porter presented to the Board a Resolution - IN RE: Exonera-
tion of County Treasurer and Local Tax Collectors from collecting County and Local Taxes on
real estate owned by Public Utility Companies and Municipal Authorities.
Moved by Mr. Capano, seconded by Mr. Carroll, that the Board of County Com-
missioners adopt the Resolution exonerating the County Treasurer and Local Tax Collectors
for the year 1971
from collecting County and Local Taxes/on real estate owned by Public Utility Companies and
Municipal Authorities.
Roll call vote taken:
Mr. Capano - Yes; Mr, Carroll - Yes; Mr, Flynn - Yes.
Motion carried unanimously.
Deputy County Controller Whalen entered the meeting.
County Solicitor Porter read correspondence under date of December 14, 1971,
from J. K. Brown - Green Engineering Company - Consultant to the development of the Solid
Waste Management Plan for Washington qounty. Correspondence stated that Green Engineerin
Company has signed the agreement and is transmitting the original and one copy, although
there was one item of the agreement which was not stated as said Company expected, At the
suggestion of County Solicitor Porter, said Company is requesting that said item be revised
by letter amendment. Said amendment involves Paragraph 8e of the agreement concerning the
timing of the final payment making it contingent upon the approval of the Commonwealth of
Pennsylvania which would involve a procedure that would require an unforeseeable period of
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, A. V. CAPANO, JOHN MAZZA, COMMISSIONERS
time, Green Engineering Company suggests that Paragraph 8e should be amended to read as
follows, "The final payment of Three Thousand and No/ 100 ($3, 000. 00) shall be payable 30
days after approval by the Director and the Commonwealth of Pennsylvania, or 60 days after
submission to the Director, whichever occurs first.
Mr, Porter: May I suggest that we notify Green Engineering Company that their proposed
revision of said contract is agreeable to the Board of County Commissioners and that we will
accept the amendment as part of the contract.
Moved by Mr. Capano, seconded by Mr. Carroll, that the Board of County Com-
missioners approve the revision of the contract with Green Engineering as per above; said
action based on the recommendation of County Solicitor Porter.
Roll call vote taken:
Mr, Capano - Yes; Mr, Carroll - Yes; Mr, Flynn - Yes.
Motion carried unanimously,
Discussion was held on the subject of the payment of interest on tax money that
was invested in cases where the tax assessment was reduced. Chairman requested that the
records show that said subject was presented to the Board but is being held in abeyance.
County Solicitor Porter reported that he will appear in court on Monday, Decemb
20, 1971, to answer a rule to show cause why the County should not return a $1, 500, 00 bond
forfeited by a defendant who failed to appear in Court.
County Solicitor Porter left the meeting,
REports - Redevelopment Authority
Mr. Roland Bourke requested that two (2) Resolutions be approved by the County
Commissioners in conjunction with the Urban Renewal Plan, Mr. Bourke also make a pre-
sentation as per a Site and Landscaping Plan to the Board and all those present in reference
to the Jefferson Court Complex.
Mr. Floyd Laubham entered the meeting.
Moved by Mr. Capano, seconded by Mr. Carroll, that the Resolution approving
Proposal for Redevelopment of Disposition Parcel No. 14-B by Jefferson Court Associates,
Inc. , as assigned by H. L. Libby, Individual, and the form of the Redevelopment contract with
said developer; and the Resolution Approving Proposal for Redevelopment of Disposition Parce
No. 14A & 14C by the Washington Parking Authority, a public body, and the form of the Re-
development contract with said developer; project is known as the Washington Central City
Project, Penna. R-98 be approved by the Washington County Commissioners.
Roll call vote taken:
Mr. Capano - Yes; Mr. Carroll - Yes; Mr. Flynn - Yes.
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Motion carried unanimously.
MINUTE BOOK 707
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, A. V. CAPANO, JOHN MAZZA, COMMISSIONERS
Mr. Bourke also reported on the Curry Field Project stating that eleven (11) bids
have been received and that GSA will award the contract in a few weeks. Mr. Bourke reported
on the Monongahela Business District Project - Urban Renewal Area Penna. R-355 stating that
they are ready to prepare Part II of said project.
Mr. Bourke and Mr. DeVia left the meeting.
Correspondence - Mr. Murphy
Budget Posting:
Chief Clerk informed the Board and all those present that the proposed budget for
the year 1972 was made available for public inspection at the Washington County Courthouse,
Chief Clerk's Office, Washington, Pennsylvania, on December 9, 1971, for a period of 20 days.
The said proposed budget is placed for final adoption at the regular weekly meeting of the
Washington County Board of Commissioners, which is to be held on Thursday, December 30,
1971, at 10:00 a, m, in the Conference Room of the Washington County Commissioners. Chief
Clerk Murphy also stated that legal notices will be published in the local newspapers.
Chief Clerk informed the Board and all those present that letters were sent under
date of December 13, 1971, to Mr. James Hall, Mr. Thomas Cox, and Mr. William D. Harm
stating that their terms as members of the Board of Assessment Appeals will expire December
31, 1971, in compliance with the provisions of Section 301 of the Act known as "The Fourth to
Eighth Class County Assessment Law. "
(Bills)
Moved by Mr. Carroll, seconded by Mr. Capano, that the Board of County Com-
missioners approve the payment of the following bill:
bill:
(a) Black Top Paving Company, Inc. - $6, 074. 00 - for black topping of jail area.
Roll call vote taken:
Mr, Capano - Yes; Mr. Carroll - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Moved by Mr. Carroll, seconded by Mr. Capano, the payment of the following
(b) Donald E. York - $500. 00 - Appraisal of property in Washington County.
Roll call vote taken:
Mr. Capano - Yes; Mr. Carroll - Yes; Mr. Flynn - Yes.
Motion carried unanimously,
Chief Clerk read correspondence under date of December 8, 1971, from John D.
Anthony - Executive Director - Washington County Planning Commission - which enclosed a
copy of a letter sent to Mr. Anthony from Philip T. McGee, Environmental Protection
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, A V. CAPANO, JOHN MAZZA, COMMISSIONERS
Specialist, Division of Solid Waste Management, Department of Environmental Resources. Sai
enclosure stated that an extension of time has been granted Washington County to prepare and
submit a County Solid Waste Management Plan, The new date for submission is October 1, 1971.
Correspondence further stated that the contingencies incorporated in s aid letter present no pro-
blems because first, this agency enjoys an excellent working relationship with Elias Nickman,
Solid Waste Coordinator for this area and second, the contract signed by the County Commis-
sioners with Green Engineering requires monthly progress reports by that engineer. Corres-
dence advised that Mr. Anthony can supply additional comments to the Green Engineering
reports and also talk with Mr. Bucciarelli by phone whenever required. Correspondence re-
quested the County Commissioners to sign the enclosed form entitled "Conditions and Procedure
Grant for Solid Waste Management Planning, " which was an oversight on the part of the State
the original contract was executed with Washington County.
Moved by Mr. Capano, seconded by Mr. Carroll, approving the said contingencies
per above and authorizing the Chairman of the Board, Michael R. Flynn, to execute said f
itled "Conditions and Procedures of Grant for Solid Waste Management Planning. "
Roll call vote taken:
Mr. Capano - Yes; Mr. Carroll - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chief Clerk read correspondence under date of December 13, 1971, from Metro
rosky, Jr. - Director - Office of Human Services - which stated that one of the more sig-
cant problems in Washington County is in the area of transportation. Correspondence stated
hat endeavoring to provide the best services to the elderly citizens of the county, the Office of
has through survey and experience encountered the tremendous need for a transportation
especially to medical facilities for the elderly. Correspondence further stated that s
e staff investigated every avenue possible to alleviate or better these conditions and formu-
ated a narrative and budget for a one-year transportation program and arranged through the
ennsylvania Department of Agriculture under Mr, James McHale for possible funding of the
am, On Wednesday, December 8, 1971, Secretary McHale sent as his personal represen-
atives, Mr. Thomas Rowland and Mr. Thomas Dodd to discuss fin detail the transportation pro-
gram formulated. Correspondence went on to state the main points evolved from said meeting.
;orrespondence requested a meeting at some future date to discuss the feasibility of instituting
,aid program in Washington County.
Flynn: May I suggest that the Chief Clerk make arrangements with Mr. Petrosky to dis-
this program.
Chief Clerk read correspondence under date of December 8, 1971, from Robert
. DeLotto, Chairman, Southwestern Pennsylvania Regional Planning Commission, Correspon-
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e advised the Board that at a meeting of the SPRPC held Monday, December 6, 1971, the
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, A. V. CAPANO, JOHN MAZZA, COMMISSIONERS
Budget for the year 1972 was reviewed and approved by the Commission and that a copy of said
Budget was enclosed. Correspondence indicated that Washington County's share of the total
amount of the cost sharing percentage is now 11. 18% and that Washington County's proportionatE
share of the 1972 Budget amount to $17, 076. 90. Correspondence advised the Board that due to
the need to match Federal funds in the first four months of the year, the Commission is re-
questing 50% of said amount in January, and 25%, each, in May and September, Correspondenc
requested that Washington County remit to said Commission the sum of $8, 538. 50 as early as
feasible in the month of January.
Mr. Flynn: May I suggest that we notify the Commission that we will comply with their request
providing funds are available.
Chief Clerk read copy of letter under date of December 7, 1971, from Ned H.
Stokes, P. E - Director of Environmental Coordination - directed to Mr. Anthony Bevec,
.
Building Superintendent - Subject: Washington County Home for Aged Women. Correspondence
enclosed one (1) copy each of Evelyn E. Peterman's letter dated March 17, 1971, and Carl G.
Baker and Associates' subsequent transmittal dated March 19, 1971, which verified said com-
pany's compliance with paragraph 1 of the regulations, Correspondence requested Evelyn E.
Peterman's agreement to notify Mr. Bevec that the request in the third paragraph of her De-
cember 2, 1971, letter has been previously satisfied.
Chief Clerk read copy of correspondence under date of December 9, 1971, from
John R. Fantz, MH/MR Administrator, directed to Mrs. Byrnece Vazzana - Executive DireCt03
United Cerebral Palsy of Southwestern Pennsylvania, Inc. Correspondence stated that there is
no doubt of the United Cerebral Palsy of Southwestern Pennsylvania, Inc. Is eligibility for fund-
ing under the MH/MR Program and that at the time that said program funded the Washington
County Chapter of P. A. R. C. it did not have enough money to fund two programs and since the
Chapter was involved with MH/MR for two other programs, namely the Opportunity Center and
the Industrial Workshop, MH/MR felt that it would be administratively more feasible to do this
under one organization. Correspondence also stated that MH/MR has no option until the 1972-7
fiscal year and have at this point put the entire Day Care request in their budget in the amount
of $33, 915, 00 which will be presented to the Board on Monday, December 13, 1971. Corres-
pondence further stated that Mr. Fantz has taken the responsibility to include the Day Care
request in MH/MR's "planning request" to the State which is an estimate of their needs for
1972-73,
Chief Clerk read correspondence under date of December 8, 1971, from D. W.
Hertel, Superintendent, Casualty Department - United States Fidelity and Guaranty Company,
directed to Mr. Michael George - Director - Department of Parks and Recreation. RE: Sn4
mobiles and Horses. Correspondence stated that in connection with'snowmobiles, said Com
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BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, A. V. CAPANO, JOHN MAZZA, COMMISSIONERS
had very adverse experience as a result of their operation and that they strongly recomm
they not be permitted in any of Washington County's parks. Correspondence stated that it i
said Company's opinion that the parks should be posted to the effect that snowmobiles are pro-
bited and the County Commissioners should take proper steps to make their use illegal on
k property. Correspondence advised the Board that if said Company is forced to cover the
snowmobiles, they will have to go along with the exposure, due to the overall business that they
e for the county; however, it would substantially increase the insurance cost and Mr. Hert
estimate of the cost, insurance -wise, would be approximately $1, 00 per permit issued, This
Ad also be subject to a minimum premium of approximately $500. 00 annually, Concerning
matter of horses on park premises, said Company recommended that the Commissioners
ist that any commercial establishments leasing horses be not permitted on park premises
ess they give evidence of insurable coverage with limits of liability equal to the limits on
Mr. George's policy, and the County be named as an additional insured. Correspondence
advised that if the snowmobiles are permitted on the premises, a Hold -Harmless clause
d be incorporated on the permit and that the County Solicitor give the appropriate wording
o use,
Moved by Mr. Capano, seconded by Mr. Carroll, that the County Com-
ssioners table the subject of snowmobiles and horses on park property until such time that
rther study can be made.
Roll call vote taken:
Mr,' Capano -Yes; Mr, Carroll - Yes; Mr. Flynn - Yes,
Motion carried unanimously,
Chief Clerk informed the Board of correspondence received under date
December 9, 1971, from O. Bard Judy - District Conservationist -,Soil Conservation S
ch attached a map showing the area that has been soil surveyed in Washington County. The
field mapping is 82 per cent complete with 449, 954 acres mapped and 98, 526 acres remaining.
During the period July to December, 1971, the Soil Conservation Service mapped 6500 acres.
Correspondence stated that for the coming mapping period, which is January 1 and June 30,
said service is planning to survey in West Pike Run and Somerset Townships.
Chief Clerk read correspondence under date of December 10, 1971,
iam C. Underwood, Director, Bureau of Mass Transit Systems directed to Mr. James P.
uber, Public Information Officer - Washington County Planning Commission, Correspondence
ledged receipt of Mr. Huber's letter of December 7, 1971, inviting a member of the
au of Mass Transit Systems to attend a Pennsylvania Public Utility Commission hearing
Ellsworth on Friday, December 17, 1971. Correspondence stated that Grant McCoy of
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711
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, A. V. CAPANO, JOHN MAZZA, COMMISSIONERS
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PennDOT's Urban Public Transportation Division will represent the Bureau at said hearing,
Chief Clerk read correspondence under date of December 13, 1971, from Robert
S. Cumberledge - General Manager - Jetcraft, Inc., which stated that the expansion program
at the Washington County Airport is progressing at a satisfactory rate with completion date
scheduled for the latter part of March, 1972. Correspondence was concerned with the lack of
adequate water facilities at the administration building and at the other buildings and hangars
at the airport. At the present time the administration building receives water from a well that
provides only 3 to 5 gallons of water per minute, The plans for the building extension incor-
porate a coffee shop which will require a considerable amount of water in its daily operation.
The water for the existing maintenance hangar is furnished by a three thousand gallon water
tank with the water transported in by truck. There is no water available for fire protection to
the airport buildings or equipment. Correspondence solicited the Commissioners' help in
providing city water to the County Airport.
Mr. Flynn: May I suggest that we acknowledge this letter and also meet with Mr. Yuhas to
discuss this problem of the lack of adequate water facilities,
Chief Clerk read correspondence under date of December 13, 1971, from James
M. King, General Manager of KDKA-TV 2 directed to County Commissioner Flynn which ex-
pressed Mr. King's appreciation for the time allowed him in outlining the major problems of
the area as Mr. Flynn saw them in conjunction with the community needs.
Chief Clerk read copy of correspondence under date of December 8, 1971, from
Michael George - Director - Department of Parks and Recreation - directed to Mr. Vergil
Harris. Correspondence informed Mr. Harris that his employment with the county will ter-
minate December 10, 1971, at 4:30 p, M. since the Department feels that Mr, Harris can not
handle two full-time jobs without one or both jobs being affected by his performance. Corres-
pondence stated that Mr. Harris' job with the Pennsylvania Department of Transportation is
probably more attractive.to him than his job as a park policeman. Correspondence advised
that according to the Department's records, Mr. Harris has 213 hours for which the county is
to compensate him and that he will be paid for this time at the rate of $2, 89 per hour based on
his present salary. Correspondence further informed Mr. Harris that he has until January
10, 1972, to vacate the premises he now occupies in Mingo Creek Park.
Chief Clerk read correspondence under date of December 13, 1971, from J.
Shane Creamer, Attorney General, which invited the County of Washington to participate in
the Department's program of Grant -in -Aid for Juvenile Court Probation services. Corres-
pondence advised the Board that the maximum Grant available to Washington County for 1972
is $13, 365. 00 an d that the actual amount paid will be based on the County's specific needs as
set forth in its application. Correspondence enclosed five application forms and an instruction
712 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, A. V. CAPANO, JOHN MAZZA, COMMISSIONERS
booklet describing the program and the application procedure. Correspondence stated that
applications must be submitted not later than February 11, 1972.
Moved by Mr. Capano, seconded by Mr. Carroll, authorizing the Chairman of the
Board and County Commissioners to make application for said Department's program of Grant -
in -Aid for Juvenile Court Probation services as per above.
Roll call vote taken:
Mr. Capano - Yes; Mr, Carroll - Yes; Mr. Flynn - Yes.
Motion carried unanimously,
(Advertisement)
Moved by Mr. Capano, seconded by Mr. Carroll, that the Washington County
Commissioners be authorized to advertise for bids for one (1) 1972 3/4 Ton Pick -Up - 4Wheel
Drive Vehicle - American Made for the Washington County Airport. Said bids to be received
in the Office of the County Controller until 11:00 a, m, , Local Prevailing Time, Thursday,
January 6, 1972, and opened immediately thereafter in the Office of the County Commissioners
Roll call vote taken:
Mr, Capano - Yes; Mr, Carroll - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Moved by Mr. Capano, seconded by Mr. Carroll, that the regular meeting of the
County Commissioners be held on Wednesday, December 22, 1971, at 10:00 a, m, and that the
Salary Board meeting also be held on Wednesday, December 22, 1971, due to pay day being
on Thursday, December 23, 1971.
Roll call vote taken:
Mr. Capano - Yes; Mr, Carroll - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
Chief Clerk informed the Board and all those present of the notification of all
elected officials of the Salary Board meeting scheduled for 11:00 A. M. on Wednesday, Decem-
ber 22, 1971,
Chairman informed the Board and all those present of correspondence received
from Edwin J. McMahon, Acting Commissioner, Office of Medical Ser;"rices and Facilities
which stated that the Department of Public Welfare's Rules and Regulations pertaining to
Skilled Nursing Units of Non-profit Homes were revised effective May 1, 1970, to include the
requirement that the charge nurse on each tour of duty must be a registered nurse or a license(
practical nurse graduate from an approved school and currently licensed to practice in the
Commonwealth of Pennsylvania, Correspondence also stated that in Medical Assistance
Memorandum No, 20 dated October 12, 1971, the Commissioners were notified that nursing
homes not meeting the requirement for charge duty nurses would be ineligible for participation
WI'LlUTE BOOK
713
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, A. V. CAPANO, JOHN MAZZA, COMMISSIONERS
in the Medical Assistance Program effective December 1, 1971, Correspondence further
stated that the survey within the past month which was completed by the Field Representative
in the Regional Office shows that the Commissioners have not provided the required licensed
personnel as charge duty nurses; and therefore, effective December 1, 1971, the Commis-
sioners may not submit bills to the County Authority requesting payment of the Federal share
for the per diem cost for any nursing home patient, Correspondence advised the Board that
if at some future time the Commissioners are able to employ the required licensed personnel,
the Commissioners should notify the Regional Office and request a resurvey of their facility
for compliance with the Rules and Regulations for Skilled Nursing Units of Non -Profit Homes.
The Regional Office will notify the Bureau of Medical Assistance if Washington County's
facility becomes eligible for participation,
Mr. Flynn: We have done everything humanly we know to employ licensed practical
possible
nurses and registered nurses for the two homes. We have included advertisements in the
local newspapers, have consulted with the Nurses' and Medical Associations and even went as
far as making the county salaries for licensed practical nurses and registered nurses com-
petitive with municipal hospitals. The Practical nurses are paid $25 per day and registered
nurses $30 per day.
Chairman read correspondence under date of December 14, 1971, from Edwin
G. Kase, Airports Engineer - RE: Agreement Number 24-A-72-4 (47709). Correspondence
enclosed one (1) approved copy of Agreement Number 24-A-72-4 between the Commonwealth
of Pennsylvania and the County of Washington, Said Agreement makes the amount of $13, 000. 0
available as State participation in the Slide Correction -Runway Embankment at the Washington
County Airport, Correspondence also enclosed two (2) sets of Voucher Forms for making
payment application under said agreement. Payments will be eligible upon submission of proof
of payment of the project costs as noted under the instructions on the Voucher Forms.
Mr. Floyd Laubham requested the Board of County Commissioners to execute a
letter directed to Mrs, M. A. Smoker, Department of Environmental Resources, RE: M. D.
Application No. 3271 BSM17, Nottingham Township, Washington County. Correspondence
acknowledged receipt of Mrs. Smoker's letter of December 8, 1971, addressed to ERG, Inc.,
which carried notification of approval of mine drainage application permit but stated that the
permit was to be withheld for fifteen days to afford protestants time to request a hearing.
Correspondence also stated that the copy of the letter of December 8, which was sent to
Washington County did not come until some time later. Correspondence stated that the
Washington County filed a preliminary protest and requested in the event a permit was granted
the opportunity to file a protest and to present ttestimony, The receipt of notification that a
hearing had been set on the application for December 16, 1971, was not adequate notice or
opportunity for Washington County to prepare opposition evidence and testimony.