Board of County Commissioners - June 1, 2023
Meeting Details: The Board of County Commissioners (BOCC) met at 9:30 AM on June 1, 2023 (meeting rescheduled from Tuesday due to the Memorial Day holiday) at the County Administration Building, 12611 Ravenwood Drive, Room B303, Chardon, OH. BOCC meetings are in-person only and there are no recordings for the public. An agenda is available in advance via request to the Commissioners Clerk.
Public Comment Policy: Observer Comment: Commissioner Ralph Spidalieri announced at the end of the April 4, 2023 meeting that public comment would be permitted and that a more formal policy would be forthcoming. There was no formal policy introduced today.
Pledge of Allegiance was recited and a prayer was offered by Mr. Dvorak
Attendance: Commissioners James Dvorak, Timothy Lennon and Ralph Spidalieri; Commissioners’ Clerk Christine Blair, Finance Manager Adrian Gorton, and County Administrator Gerard Morgan.
County Representatives (having issues on the agenda):
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Richard Blamer, Geauga Airport Director
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Glenn Vernick, Maintenance Director
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Shane Hajjar, Engineer’s Office
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Jessica Boaldt, Director Office on Aging
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Alan Keener, Chief Technology Officer, ADP (Automatic Data Processing)
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Scott Hildenbrand - Geauga County Sheriff
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Linda Burhenne - Temporary Director, Archives & Record Center
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Jo Anne Santilli - Director, Geauga Transit Authority
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Gina Hoffsteter - Director, Dept. of Community & Economic Development (CED)
Others in Attendance: Chief Deputy Tom Rowan, Geauga Sheriff’s Office; Adam Litke, Geauga Public Health Administrator; Members of the press from Geauga Maple Leaf and Chagrin Valley Times; Members of the public, Diane and Tom Jones (with camera), several unidentified individuals.
Minutes - April 11, 2023 minutes submitted for approval and approved. Approved BOCC Minutes are available online through March 7, 2023 or by request to Commissioners’ Clerk Christine Blair. Reviewer Comment: Weekly LWVG Observer Reports for BOCC are available online for information purposes but are not substitutes for BOCC Minutes.
Financials - Mr. Gorton, Finance Director, reported:
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Supplemental transfer to Emergency Services for payroll raises approved by the Commissioners
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Cash Transfer from the General Fund to Community Development for first quarter payroll funding reimbursement
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Purchase Order for Office on Aging to Junction Auto for a replacement vehicle
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Travel requests approved from the Clerk of Courts’ office and the Engineer’s Department
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Then and Now from Water Resources to Geauga County ADP Board for their portion for Tyler Technologies software (see further information below) Observer Note: A Then and Now is a payment for services that have already been performed.
Vouchers
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$571,047.55 from the Commissioners to Donley’s Independence for pay request #28 for the New County Office Building. Mr. Gorton stated that there was $425,000 left on this contract
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$56,990 from Engineer’s office to Grayline for payment request # 1 and final for the Fairmount Road Bridge project
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$53,291 from Water Resources to HDR Engineering for design services related to the McFarland Waste Water Treatment project
The Commissioners’ Office requested and the Board approved the placement of Leah Byler on paid administrative leave effective May 25, 2023.
County Administrator report - Mr. Morgan, County Administrator, reported on the following actions that he took pursuant to the authority granted to him by the County Commissioners:
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Approved hiring in Office on Aging
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Approved resignation of Leah Bylar, which effectively made her administrative leave just one day.
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Approved hiring in Maintenance Department
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Approved hiring summer help in Water Resources
The ADP Board - Mr Keener stated at the beginning that Ms. Christine Blair had told him that she did not have the original of the contract for which ADP was asking approval. Therefore he was asking that the Commissioners agree to signing as soon as the original was available. This was approved. The contract was to executive the Software as a Service Agreement between Tyler Technologies, Incorporated and Geauga County, including Exhibit A Investment Summary, Exhibit B Invoicing and Payment Policy, Exhibit B Schedule 1 Business Travel Policy, Exhibit C Service Level Agreement, Exhibit C Schedule 1 Support Call Process for annual software and migration to the Cloud, for a period of one year effective June 1, 2023 in the initial term amount of $151,896.54 and will automatically renew for additional one year terms at then current SaaS fees.
The Airport Authority received approval to execute the U.S. Department of Transportation Federal Aviation Administration (FAA) Airport Improvement Program Sponsor Certification for Selection of Consultants, Certification and Disclosure Regarding Potential Conflicts of Interest and Drug-Free Workplace for the Construct of Parallel Taxiway A (3,040’ x 25’, between Taxiway A2 and Runway 29) – Phase ½ Design (AIP Project #3-39-0054027-2023).
The County Engineer’s Office received approval for the following:
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to execute the Unit Price Contract with Ronyak Paving, Incorporated for the Asphalt Resurfacing of Washington Street (CH-0606, Sections C-E) in Auburn and Bainbridge Townships in the amount of $1,312,655.00. (This is at 306 just past Bainbridge Road)
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to execute the Unit Price Contract with Karvo Companies, Incorporated for the Asphalt Resurfacing of Washington Street (CH-0606, Sections A-B) in Bainbridge Township in the amount of $843,449.11. (This is from County Line to 306)
Mr. Dvorak asked about whether the intersection at Washington and Bainbridge is scheduled to be reconfigured and Mr. Hajjer stated that planning is underway but this will not be completed until next year or 2025
Mr. Lennon complemented the Engineer’s Office for the manner in which the Fairmount Road project was being conducted
The Department on Aging received approval for the following:
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to add one employee and delete one employee from the approved credit card list.
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to Honor Amber Weinhart, longtime employee, on her retirement on June 5t
The Archives and Records Center (Commissioners’ Office)received approval for the following:
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to approve the revised job description and number for the current position of Archives Supervisor, to reflect a change from #2602 to #2615 to be effective June 1, 2023 for employee Clair Wilson.
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to approve the revised Organizational Chart to reflect the change in number for the position of Archives Supervisor to #2615, to be effective June 1, 2023
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to approve hiring Karen Murphy to the position of Archives and Records Center Administrator (#2614) to be effective June 25, 2023 at the rate of $26.10 per hour with a one-year probationary period. This offer of employment is contingent upon the successful completion of the required pre-employment conditions.
The Department of Development (Community & Economic) requested that the Board select two (2) projects for the PY2023 Community Development Block Grant (CDBG) Small Cities Allocation Program and rank four (4) additional projects as alternates, should the selected projects not be approved by the state. At the last meeting the projects were summarized as follows:
Proposed projects:
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Chagrin Falls Park Community Center: New roof, parking lot repair and repave. Recommend roof only at this time
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Cardinal Local Schools: Walkway and other improvements to increase ADA compliance
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Chardon Twp: $98,000 for asphalt at a park which would make ballfields and ponds ADA compliant.
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Womensafe: Up to $159,800 for vehicle, ADA accessible restrooms, kitchen, sound masking and building upgrades.
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Maple Leaf community residences: $158,100 for roofing on 3 homes and replacement of 17 windows. Just opened their 25th home.
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Camp Ho Mita Koda: Bath house upgrades and other improvements to increase ADA accessibility.
Ms. Hofstetter stated that the recommendation of the Department of Development (Community and Economic) was to fund projects submitted by Chagrin Falls Park (the roof repair component) and for Cardinal Local Schools for ADA work at the high school. They further recommended that Chardon Township request for funds for ADA work at parks would be their alternate, followed by Womensafe, Maple Leaf Community Homes and Camp Ho Mita Koda.
There was a significant amount of discussion but ultimately the Commissioners decided to fund Maple Leaf Community Homes and Chagrin Falls Park with the alternate being Chardon Township. The Commissioners also asked Mr. Morgan to contact the State to ascertain whether they would be able to fund Chardon Township if there was money left after the two projects were completed. It was stated by all three that the bids for the roofs for the Maple Leaf homes seemed high and that it was anticipated there would be money left. In the regulations for this process, if a contractor puts in an estimate for a project they cannot then bid on it, which means that those submitting estimates are not local contractors and tend to be high. The projects approved will go out to bid.
In the past Geauga County could choose 4-5 projects, but this year for the first time Ohio established a threshold amount of $300,000 for Geauga County and only 2 projects are permitted. That is why the Commissioners thought that the State of Ohio might permit the alternate to be funded if there was money remaining. Ms. Hofstetter said that in the past if there was money left it was used for additional work by the same entity that was awarded the grant, e.g. WomenSafe in the past was able to use funds for additional projects.
The Department of Development (Community & Economic) received approval for the following:
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to execute Resolution #23-102 for Community Development Block Grant (CDBG) and Home Program Anti-Displacement and Relocation Assistance in regard to the Community Development Block Grant (CDBG) Small Cities PY2023 Allocation Program.
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to execute the Geauga County Grant Citizen’s Participation Plan in regard to the PY2023 Community Development Block Grant (CDBG) Allocation Program.
The Maintenance Department received approval for the following:
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to approve the creation, title and job description for the position of Electrician (#1925) to be effective June 1, 2023.
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to approve the revised Organizational Chart to include the new positions of Contract Coordinator (#1924) and Electrician (#1925) to be effective June 1, 2023.
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to advertise for the position of Contract Coordinator (#1924) and Electrician (#1925) .These positions will remain posted until filled.
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to approve and execute the Contract Agreement with IPS – Integrated Precisions Systems for the Geauga County Sheriff’s Office Security Cameras in the total amount of $453,291.68 for five years with maintenance (1st year includes installation and maintenance - $329,592.83, 2nd through 5th years - $30,924.71 per year).
The Transit Department received approval for an unpaid medical leave of absence for an employee
The Transit Department provided an update on the progress with the Interagency Transit Service Agreement with LakeTran. Ms. Santilli was accompanied by Mr. Ben Capelle, Chief Executive Officer of Laketran. They reported on a new logo that has been developed, which the Commissioners appreciated. They reported that the transition of employees to Lake County is going smoothly and that all employees should be onboard at Lake County by June 12th. There is one area (OPERS retirement) that might need to be covered by a supplemental request.
Ms. Santilli said that because they are part of Laktran now they hope to be able to get three additional vans. She said that a postcard will go out with the new phone number and website. Online scheduling will be available in the near future.
Office on Aging Director asked several questions from the public about potential changes that might impact seniors and Ms. Santilli and Mr. Capelle answered as follows:
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there will be no change in fees
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there will be no change in office hours
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there will be no change yet in trips outside Geauga, the transfer point is still TriPoint Hospital
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They could coordinate drivers,in the event of a shortage, but hope to have enough drivers. They had a job fair at Auburn Career Center and received applications after that
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Mr. Capelle is the overall Director of both Laketran and Geauga Transit but Ms. Santilli is still the local director
The Commissioners’ Office received approval to execute Agreements with Hunger Squad, LLC and The Bus Stop - Geauga County’s Food Truck to provide parking lot service with their catering food truck for sale of food and beverages to the public at the Geauga County Office Building located at 12611 Ravenwood Drive, Chardon, Ohio throughout the Year 2023. Hunger Squad will be between the hours of 10:30 a.m. and 5:00 p.m. The Bus Stop – Geauga County’s Food Truck will be between the hours of 11:00 a.m. and 2:00 p.m. It was stated that there are five more trucks who have applied, including King Kone.
The Commissioners’ Office originally had requested the Board approve an increase in the amount of $5,000.00 for the Retention Agreement re: Representation of Geauga County Commissioners in Mediation and Potential Litigation Filed by Charles Walder, Geauga County Auditor, and / or the Geauga County ADP Board with Roetzel and Andress for a new not to exceed amount of $45,000.00 unless prior approval by the Board. However, Mr. Morgan stated that because there is now some willingness to work together he would recommend that the Board table that request. Request to table was approved.
Discussion re: Mike Kurzinger Hearing Process: Commissioners Office received approval to execute an Engagement Letter with Fishel Downey Albrecht and Riepenhoff, L.L.P. for representation concerning the disciplinary action involving Mr. Mike Kurziner in an amount not to exceed $20,000 unless prior authorization by the Board of a greater amount.
Mr. Morgan stated that originally this matter was going before a hearing officer for the disciplinary matter related to the administrative leave of Mr. Kurzinger under the personnel policy. Mr. Morgan had appointed a hearing officer but due to some issues that arose, the hearing officer resigned. He talked to CORSA (liability insurance carrier) and they thought it best to bring in an outside attorney to conduct the investigation and hearing. CORSA recommended the above firm. Morgan stated they will push to get this done quickly. There followed a significant amount of discussion among the commissioners and Mr. Morgan.
Mr. Lennon asked if the hearing officer resigned because of subject matter. Morgan responded, “No, it was pressure she felt was being put on her by an elected official.”
Mr. Spidalieri asked, ”How did this thing come about?”
Mr. Morgan stated, ”I had appointed her but she received some paperwork from Mr. Dvorak about the law, but personnel policy is what has to be followed, not any external issues.“ He continued, “Ultimately, the way the process works, the hearing officer can interview anyone they think is fit to do.” Morgan further explained the process by stating that he has nothing to do with the process. The hearing officer has free rein to ask any questions. They hold a hearing. The employee has the right to waive the hearing. The Hearing officer makes a decision and there is an Executive session of the Commissioners when this is presented and the Board decides. The Board doesn’t have to take the recommendation of the hearing officer. The Board comes out of executive session and announces the decision.
Mr. Lennon commented, “we’re not the jury or judge, technically he hasn’t been charged. He isn’t guilty of anything, correct? This is just the process.”
Mr. Morgan replied, “A Classified employee has the right to due process if he is going to lose his job. There has to be this process.”
Mr. Spidalieri said, ”Just so I understand, I have heard 50 or more of these cases over the last 11 years. Common practice is that we never influence anyone involved in the hearing. That didn’t happen in this case.”
Mr. Morgan replied, “Now we have to hire outside counsel to conduct the hearing.” He also speculated that there could be a cause for legal action against the county.
There was speculation by Mr. Spidalieri and Mr. Morgan that the employee could file a grievance about the hearing. Mr. Spidalieri said there was influence, and there was a slippery slope with making accusations where there haven’t been any charges.
Mr. Morgan said that CORSA had first said that the county should go through the normal hearing process, but now that this has happened, they recommend the outside counsel.
Mr. Dvorak stated that he was bothered by ”one of our employees taking money from a vendor.” He cited ORC 2921.42 and referred to the seriousness of this matter. “I was pretty upset about the whole thing of an employee accepting money from a vendor.“ He stated, ”we should be in favor of following Ohio Revised Code.”
Mr. Morgan said that the attorney had provided an engagement letter, not the original, but he was asking for the Board to approve the contract once the original is produced.
Mr. Spidalieri went on to say that he is not involved in the details of this case. “I have no knowledge of this case. I have not been briefed on the findings or what caused this whole situation to happen. I have not been informed of any criminal charges.”
Mr. Lennon also said that he has had no discussion with the prosecutor’s office.
Mr Dvorak asked the other commissioners if they were not also informed by Mr. Morgan on May 3rd about what was happening?
Mr. Lennon said he knew what happened as far as Mr. Kurzinger but nothing criminal.
Mr. Lennon said the local newspapers knew more than he did.
Mr. Spidalieri stated, “I am respecting the process.” He said he had not been briefed. “We should not, should not, be influencing an administrative process and violate the integrity of what is supposed to be neutral. This is troubling.”
Sheriff Hildenbrand commented from the public “I agree. You need to wait for the criminal investigation to be over.”
Mr. Dvorak said that he got the information from Mr. Morgan about Mr. Kurzinger getting money from the vendor. He said that he didn’t know how Mr. Morgan got that information but if he communicated with Mr.Kurzinger, maybe he interfered with the policy and procedure manual leading up to an investigation.
Discussion ended here and BOCC approved the engagement letter for the attorney and gave Mr. Morgan authority to sign the letter.
A person in the public asked the Commissioners, “When is O’Biden in Washington DC going to be investigated?” This comment was not directly answered.
Chagrin Valley Times Correction - Mr. Spidalier brought up an issue: He offered an opportunity to the Chagrin Valley Times reporter, Alex Emerson, to comment on a recent story that he authored that was inaccurate. Mr. Spidalieri stated that Mr. Emerson had called him to explain. Mr. Emerson apologized and it was accepted. Mr. Spidalieri thanked the reporter for doing the right thing.” Mr. Spidalieri then went on to comment on the actions of the editor, which he felt were not quick or thorough enough.
Public Comment
This observer asked for confirmation of the name of the Laketran official who was with Ms. Santilli from Geauga Transit (reported above).
This observer also asked if, in light of Sheriff Hildenbrand’s comment, if the Commissioners were considering postponing the disciplinary hearing with Mr. Kurzinger until after the criminal investigation was completed. Mr. Morgan answered that the disciplinary hearing was in regard to violation of a personnel policy but that would be a matter for the attorney conducting the hearing. Observer Note: Following the meeting this observer received confirmation from Mr. Morgan that the violation of the personnel policy was “taking money from a contractor”. This is similar in nature to the ORC section cited by Mr. Dvorak (ORC 2921.42) . The chief difference appears to be that the violation of the personnel policy would impact the person’s employment whereas violation of ORC 2921.42 is a criminal matter (fourth degree felony).
Commissioner’s meeting schedule: Ms. Blair stated that for the NOACA Board meeting next week (6/9) they need to make sure someone will attend.
Ms. Blair also pointed out the following meetings: Portage Geauga Juvenile Detention Center Board of Director meeting will be at 11 am following the BOCC meeting on June 27.
Geauga Trumbull Solid Waste Management District Board of Directors meeting will also be on June 27th at 1:30 pm at 12611 Ravenwood Dr. in the Commissioner’s Conference Room (3rd floor, new County Building)
The Commissioners Meeting adjourned at 11:08.
More Information and Posted Minutes: Available here
Next Meeting: Tuesday June 1, 2023 at 9:30 am
Observer: Gail Roussey
Reviewer: Shelly Lewis
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