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Board of County Commissioners - February 13, 2024

Meeting Details: The Board of County Commissioners (BOCC) met at 9:30 AM on Tuesday, February 13, 2024 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.  Observer Note:  There was no meeting the prior week on Tuesday, February 6, 2024.  It was canceled due to a lack of quorum.

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, but public comment was permitted. 

Attendance: Present were Commissioners Mr. Spidalieri, James Dvorak, and Timothy Lennon. Also present were County Administrator Gerald Morgan, Finance Manager Adrian Gorton, and Commissioners' Clerk Christine Blair.

County Representatives: Linda Burhenne, Assistant County Administrator; Glen Vernick, Maintenance Director; James Flaiz, County Prosecutor; Kathleen Miller, Water Resources; Shane Hajjar, Engineer’s Office; Roger Peterson, Emergency Management Services; Gina Hofstetter, Director, Department of Community and Economic Development, and Kathleen Hostutler, HR Coordinator.

Others in Attendance: Representatives from Laurel School; Carolyn Brakey, Board President (and candidate for County Commissioner) Geauga Public Health; Adam Litke, Administrator, Geauga Public Health; Nancy McArthur (Candidate for Geauga County Commissioner), Walter (Skip) Claypool (Candidate for Geauga County Commissioner), Reporters from the Chagrin Valley Times and Geauga County Maple Leaf, Tom and Diane Jones, other members of the public and this observer.

Minutes: Following the Administrator’s Report, Minutes were approved without discussion for the following meetings: December 5, December 12 and December 19, 2023.  Observer Comment: Weekly LWVG Observer Reports for BOCC are available online through February 13, 2024 for informational purposes but are not substitutes for approved minutes.  Minutes are posted online here through September 26, 2023

The Pledge of Allegiance was recited, and a prayer was offered by Mr. Dvorak

Administrator’s Report

Mr. Morgan reported on actions he had taken in the prior two weeks that had been authorized by ORC and the Commissioners:

Supplemental from Commissioners to General Fund to prepare to pay Property Tax on nonexempt County owned property. Observer Note:  No amount was stated and no specific properties were listed, but there has been an issue with nonexempt property status for Metzenbaum (Department of Developmental Disabilities - DD).  This is discussed at the end of the meeting as an item not on the Agenda brought to the attention of the Board by Mr. Morgan.

• Transfer from Juvenile Court for IT

• Transfer from the General fund to the Engineer’s Office for the stormwater management fund

• Transfer from the General Fund to Community and Economic Development for 4th quarter 2023 payroll and 1st quarter operating expenses

• Formal  Contract Purchase Order to Infinity Construction for GNP (Guaranteed Net Price) #2

• Formal Contract Purchase Order from the Maintenance Dept to John K Gallagher Co for installation of a chiller unit at the Courthouse Annex

• $246,800 from the Auditor to ISSG (software company) for 3 years of services

• $271,982.62 to Donley’s Independence for payments #32 and #33 for the new county office building

• $112,365.42 to Infinity Construction for payment #2 and #3 for the Courthouse Expansion Project

• Payment from Emergency Services to Network Technology Solutions

• Approval to Maintenance to hire an electrician

• Payment from Commissioners to Wileski Transfer (for moving Probation and the Law Library out of the Courthouse) with a maximum of $3,000

• Maintenance - Approval to hire a  custodian

• Approved hiring the law firm of Fishel Downey Albrecht & Riepenhoff LLP to review the County personnel manual- $8,000

Mr. Dvorak asked if all Directors evaluations were completed last year, and Mr. Morgan said yes.  Mr. Dvorak then said he would like copies of those evaluations within 7 days.

The Prosecutor’s Office  - Mr. Flaiz gave some background on his request (on the Agenda) for payment of $194,010.96. He said that a fourth of the counties in Ohio use the County Prosecutor for offenses that occur in the townships (not including villages and cities).  He said that the City of Chardon had lobbied for a change in law to require counties to assume the prosecutions for offenses in the unincorporated townships because the City of Chardon had been handling these prosecutions, which have constituted most of their cases.  See legislative analysis here. The City of Chardon only had 6.3% of the cases, but they had to maintain a full office to prosecute all the offenses occurring within townships in the County.  As a result of this lobbying, the House passed HB101, and it was signed by Governor DeWine on January 30, 2024.  It will create a change in ORC (Ohio Revised Code) 1901.34 that will require the Prosecutor to handle Municipal Prosecutions for the unincorporated territories within the County, effective April 30, 2024. As a result of this, the Prosecutor’s Office is asking for a Supplemental payment of $194,010.96 so that they can hire the staff needed for this increase in their caseload. Mr. Flaiz said that they will be hiring the staff from Chardon, which will include their prosecutor (full-time), a part time prosecutor, and a clerk.  They also anticipate they will need more administrative support.  Mr. Flaiz further stated that the Victim/Witness office (2 people) will shift to the Court of Common Pleas.

Mr. Lennon asked about those not covered - Villages of Burton, Middlefield and South Russell. Mr. Flaiz said they will continue with the part-time prosecutor that they use now.

Mr. Flaiz said that some of the funds will go toward the purchase of computers. He said that the County’s ADP (Automatic Data Processing) Department is already providing services but that the hardware needs to be replaced.  

The Commissioners asked about fees, and Flaiz said that they would go to the municipality. He said that townships typically file charges under the State code so that the township doesn’t have to pay if the individual ends up going to jail.

A question was asked about what Chardon will do with their remaining cases for Chardon City.  Mr. Flaiz said that Chardon is interested in having the County take over these cases as well, and they are in discussion about this.  Chardon would probably end up paying $25,000 towards the cost of these services, which Mr. Flaiz indicated would be acceptable.

Mr. Lennon asked if there was any way the County could get help with these new expenses, and Mr. Flaiz responded that he didn’t think so. Mr. Flaiz did say that the County would receive the $25,000 from Chardon City if that gets approved.

Financial Report: Mr. Gorton received approval for the following:

• Supplemental de-appropriation for the Archives (which has been abolished, see below)

• Supplemental in Miscellaneous for the Detention home and other expenses to cover upcoming transfers and expenses for 2024

• Supplemental to the Prosecutor’s Office for payroll in order to cover additional expenses as a result of HB 101 (taking over the Prosecutions from Chardon as detailed above)

• Cash from the General Fund to Family First Council January - March commitment

Encumbrances:

• Income - Transfer to the Geauga County Treasurer in order to prepare for tax payments for the property (at Metzenbaum) that has been put on the non-exempt property list

• Then and Now from Common Pleas Court for indigent counsel to John P. Luskin for appointed counsel fees

• Maintenance - Approve Purchase Order to Preston Ford for a replacement vehicle (Ford Escape)

• Travel request for the Recorder’s Office

Vouchers:

• $63,035.29 from the Commissioners to OSU (Ohio State University) for first quarter programming

• $21,800 to Geauga Mechanical Inc. for a new boiler in the old county home building

• $251,578 from the Sheriff to Axon Enterprise Inc. for 56 new tasers, cartridges, batteries and training and other taser equipment

• $59,753.11 from Water Resources to Generator Systems Inc. for new mobile mounted generator

The County Engineer’s Office received approval to award the Bid to Ronyak Paving, Inc for the Asphalt Resurfacing of Bell Street (CH-0010, Sections D-F) in Newbury Township in the amount of $973,585.00 as they represented the lowest and best bid.  The Bid Bond submitted shall be held to serve as the Performance Bond for this project. Mr. Hajjar also shared that bids are coming in about 5% under for paving but are coming in over for bridge work, due to costs of concrete and staffing.

The Building Department received approval to accept the Statement of Qualifications submitted for Master Plan Examiner Services from all firms that submitted a response, including Duber Architectural and Consulting Services, LLC, Code Consultation and Plan Review Services, LLC, F & B Engineering, Incorporated, L. Neal Hoffman and Associates and Sixmo Architecture and further grant authorization to begin contract negotiations with all five (5) firms.

The Department of Emergency Services received approval for a waiver of policy in order to allow payment of late fees for the Windstream Phone bill in an amount not to exceed $20.00, due to first of the year financial processing.

The Maintenance Department received approval for the following:

• To execute the Agreement with Integrated Precision Systems to install cameras at the Geauga County Safety Center for a one-year period, effective February 13, 2024 in an amount not to exceed $70,000.00.

• To execute the service Contract Agreement with McPhillips Plumbing HTG and AC Company to install two (2) 3-ton air conditioning systems at the Russell Tower Site for a one-year period, effective February 13, 2024 in an amount not to exceed $30,000.00.

The Department of Water Resources received approval for the following:

• To execute the service Contract Agreement with Bill Conti Plumbing, LLC to perform plumbing services, as needed at various locations within the Department for a one-year period, effective February 13, 2024 in an amount not to exceed $2,000.00.

• To execute the service Contract Agreement with Cummins Incorporated d.b.a. Cummins Sales and Service to perform Planned Maintenance and Repairs for all Water locations with Cummins generators for the Department for a one-year period, effective February 13, 2024 in an amount not to exceed $2,000.00. 

• To execute the service Contract Agreement with Cummins Incorporated d.b.a. Cummins Sales and Service to perform Planned Maintenance and Repairs for all Wastewater locations with Cummins generators for the Department for a one-year period, effective February 13, 2024 in an amount not to exceed $15,000.00. 

• To execute the service Contract Agreement with Southwind Drilling Company, Inc to perform Water Well Drilling and Cleaning Services as needed for the Department for a one-year period in an amount not to exceed $10,000.00.

• To execute the service Contract Agreement with Lake County Sewer Company, Inc to perform General and Emergency Cleaning, Televising, Grouting and Rehabilitation of Sewer Lines and Manholes, as needed at various locations within the department for a three-year period (2024-2026), effective February 13, 2024 in an amount not to exceed $30,000.00.

• To execute the service Contract Agreement with Workman Industrial Services, Inc to perform Emergency rehabilitation and improvements, as needed at various Wastewater locations within the department for a one-year period, effective February 13, 2024 in an amount not to exceed $70,000.00.

• To execute Contract Maintenance Form #1, increasing the service Contract Agreement with Agri-Sludge, Inc for additional De-Watering at the McFarland Wastewater Treatment Plant in the amount of $29,000.00 for a new not to exceed amount of $74,000.00 and extending the date of the contract agreement by an additional four (4) months through December 31, 2024.

• To execute Contract Maintenance Form #1 with The Bergren Associates, Inc increasing the service Contract Agreement for upgrades to the Knowles Booster Station and additional work in 2024 in the amount of $30,000.00 with a new not to exceed amount of $40,000.00 through the contract end date of January 15, 2025.

The Commissioners’ Office received approval for the following:

• To execute the Quit Claim Deed from the City of Chardon to the Board of Commissioners, for the Public Square Parcel I, Permanent Parcel No. 10-709526, of 1.379 acres.

• To approve an increase in the amount of $50,000.00 for the Engagement Agreement with Benesch, Friedlander, Coplan and Aronoff, LLP for legal counsel in connection with the provision of legal services to support the design, construction and delivery of the proposed Capital Improvement Project, Phase 2, in a new not to exceed amount of $100,000.00, without prior approval from the Board.

• To accept the resignation letters from Archives and Records Center employees, Karen Murphy, Ashley Serraglio, Jeffrey Vaji, Clair Wilson and Eleanor Zavada to be effective December 31, 2023.

• To abolish the Archives and Records Center positions, including Archives and Records Center Administrator, Senior Archives and Records Clerk, Archives and Records Clerk, Archives Supervisor and Micrographics Specialist to be effective December 31, 2023.

• To close the current posting for the position of Special Projects Coordinator (#1328) to be effective February 13, 2024.

• To approve the abolishment of the position of Special Projects Coordinator (#1328) to be effective February 13, 2024.

• To revise the Organizational Chart that removes the Archives and Records Center and abolished positions to be effective December 31, 2023 and the abolished position of Special Projects Coordinator (#1328) to be effective February 13, 2024.

• To execute Resolution #24-022 to Designate the Official Representative and Alternate for the purpose of Voting at Meetings of the County Commissioners’ Association of Ohio in 2024, noting James W. Dvorak as Representative and Timothy C. Lennon as Alternate.

The Commissioners’ Office received approval to acknowledge a request from Laurel Schools requesting to refinance tax-exempt bonds issued by the Cleveland Cuyahoga County Port Authority in 2008, as a significant portion of the bond-financed assets are located on Laurel’s campus located on Fairmount Road in Russell Township and further authorize the advertisement and holding of a Combined Public Hearing called a “TEFRA” Hearing for the Adjustable Rate Educational Facilities Revenue Bonds.  The TEFRA hearing will be a joint hearing and then they will be coming back for the final step after the hearing.

The Community and Economic Development Department requested that the Board discuss the proposed application for the Capital Expenditure Opportunity through the Ohio Senate Capital Budget.  See an explanation here.  Ms. Hofstetter stated that there is an additional $350 Million this year so they are working now on the application process.  Several projects were mentioned by Ms. Hofstetter and Ms. Burhenne.  They first mentioned the Security fence at the new Courthouse Extension, but Ms. Hofstetter felt the wall wouldn’t be covered by the terms of the application. She did feel that the jail and parking lot projects should be included in the County’s application. Ms. Hofstetter also said that she had contacted others who could apply separately, including University Hospital Geauga for their water project, the Airport (roof on Hanger),  the American Legion Hall in Burton for their elevator, Kent State Geauga and Century Village Museum.  Mr. Lennon asked if these groups would file on their own, and Ms. Hofstetter said they would have to file on their own. The deadline to apply is April 8, 2024.  Ms. Burhenne said their application for the jail funding should be more attractive to be chosen because the County would be contributing half of the cost.

Mr. Lennon asked if the projects can be started before the awards are made, and Ms. Burhenne said they could be started before the application was approved.  Mr. Lennon asked for timing, but Ms. Hofstetter said there is no timeline yet. 

In a separate issue, Ms. Hofstetter also said she had a discussion with a woman from NV5 about how they could assist the County with finding grant funding. Mr. Dvorak and Mr. Lennon indicated support for this, and Ms. Hofstetter will find out more information. Observer Note:  NV5 has been involved in the new County Office Building and other projects for the County.

Additions to Agenda:  

Mr. Morgan asked for a motion to approve filing an Appeal to the State Tax Commision regarding the tax exemption for the Metzenbaum (Board of Developmental Disabilities - Board of DD) property.  Observer Note: See the Observer Report from January 30, 2024 for more details.

There was some discussion on this topic with Ms. Burhenne answering questions.  Mr. Lennon asked if there was any reason why the Auditor did not approve the exemption.  Mr. Dvorak asked about the legal action filed by Chester Township, and Ms. Burhenne agreed that was what started things at the end of September.  Observer Note:  Mr. Dvorak and Don Rice, Executive Director of Dept of DD, attended the Chester Township meeting about this property in August. See January 30, 3024 Observer Report at the link above for more information.

Mr. Lennon then said, “But it was never brought to the attention of the County until, you’re saying when?” Ms. Burhenne responded that it was December 18th.

Mr. Lennon restated that they only had 10 days to get their application together and then said, “ Ten days. And then it, you were told at that point, that it wouldn’t even be considered?” Ms. Burhenne said, “Correct.”  

Observer Note:  As a result of a public records request, this Observer obtained a copy of the “60 Day Notice” from Auditor Walder to the Geauga County Commissioners, which was emailed and hand delivered on January 19, 2024.  In this notice, Mr. Walder referenced various Ohio Revised Code sections and informed the Commissioners that, in order to proceed with their application for exempt property, they had to pay the taxes for the property and produce a Treasurer’s Certificate that the taxes were paid within the 60 day time period. 

The motion to appeal to the State Tax Commission was approved.

Public Comment 

Mr. Walter Claypool (candidate for County Commissioner, being opposed by Mrs. Carolyn Brakey, Board President, Geauga Public Health) stated that he has been looking into the Health District, and he has observed that there were only two people visible in the offices of Geauga Public Health across the hall.  He stated his opinion that they are not being utilized.  Mr. Claypool said that “The County is paying the freight but it doesn’t appear that anybody is in there.”  He further stated that “...by  law, the County isn’t even required to house the Health District.”  He said he was curious as to why this is happening and he requested an answer.

Mr. Lennon said that when they planned this building, they thought there would be a full staff and that a lot is now contracted out to Lake County.  Mr. Lennon said he didn’t know how many employees were there.

Mr. Claypool responded that he feels  “...taxpayers are being unfairly burdened.”

Mr. Litke, Administrator of Geauga Public Health, who was in the audience, said he could answer the question. He said there are 20-22 employees in the office every single day.  Some additional staff are in the field.  He stated that they use all but two of the offices, and they will be using them in the near future for the O&M (Operation and Maintenance  program).  Observer Note: More information about the O&M program is provided in the  November 15, 2023 Geauga Public Health Observer Report.  

Ms. Nancy McArthur (Candidate for Geauga County Commissioner) asked about cost savings to the County through the merger with Lake County.

Mr. Litke answered again that it is a cross jurisdictional agreement not a merger.  He said they have saved probably $500,000, and are $13,000 under budget right now.  

Ms. McArthur asked about the Transit program and whether that merger with Lake County was similar to Geauga Health in terms of the cost savings?

Mr. Dvorak responded that they were two different things.  There is a partnership for Transit.  He said that Geauga and Lake counties, acting collaboratively, went in on a grant, and they will be receiving 8-9 vans for free because of the partnership.  Mr. Lennon agreed that the funding is more available now from the federal government.

Mr. Lennon also said that with Transit, nothing front facing has changed.  He said they added a few additional routes, but nothing has changed for the riders.  There are now more drivers and routes.

Mr. Dvorak added “...in Geauga County we are making government a little smaller.”

Planning Commission Appointment - Mr. Spidalieri said he had Interviewed Matt Johnson who he said was very active with agriculture work. Mr. Johnson applied for the Planning Commission vacancy on the board. Mr.  Spidalieri asked for a motion to approve Mr. Johnson for the Planning Commission.

Mr. Lennon said he was the only one who applied.

Motion passed to appoint Mr. Johnson.

HDAC (Health District Advisory Council) - Mr. Litke announced the HDAC meeting for March 13, 2024 at 6:30 pm, 3rd floor, new county office building.  He said that the HDAC Board is accepting applications to be on the Board of Health.  The Commissioners were invited to attend the meeting.

Mr. Lennon asked about the O&M (Operation and Maintenance) inspection program. Observer Note: Information about the O&M program is provided at the link above. Mr. Litke said that right now they are inspecting NPDES systems.  The service provider would send the notice of the inspection to the Health Department.  Mr. Lennon clarified that the vendors would be providing the inspection notice to GPH.  Mr. Litke said that they work with homeowners to make sure that they know how to proceed.  Mr. Litke and his staff are doing sampling now to see where there might be problem areas. 

There was a long discussion about testing and how they sample properties. Mr.  Litke said they are working on their plan.  Geauga County has either the largest or second largest number of septic systems in the State, with 30-40,000 systems.  Mr. Litke said they will onboard staff to enable them to inspect about 7,000 systems a year; to do this, they will have to quadruple their staff.  

More Information and Posted Minutes: Available here.

Next Regular Meeting of the BOCC: Thursday, February 22, 2024 at 9:30 am.

Observer: Gail Roussey

Editor: Anne Ondrey

Reviewer: Sarah McGlone

Date Submitted: 2/17/24 

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