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Commissioners Hire Private Law Firm for “Intergovernmental Issues” 

Despite Firm’s Principal Being Forced to Resign as Ohio Attorney General

Board of County Commissioners (BOCC) - October 8, 2024 

Meeting Details: The Board of County Commissioners (BOCC) met at 9:30 am on Tuesday, October 8, 2024 at the County Administration Building, 12611 Ravenwood Drive, Room B303, Chardon, OH.  The 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 and at the meeting.  Items discussed at the meeting but not on the agenda are addressed at the end of this report.

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 Timothy Lennon, Ralph Spidalieri and James Dvorak.  Also present were County Administrator Gerry Morgan, Assistant County Administrator Linda Burhenne, Finance Manager Adrian Gorton, and Commissioners' Clerk Christine Blair. 

County Representatives: Chuck Tkach, Program Manager, and Matt Sieracki, Contract Administrator, Maintenance; Jessica Boalt, Director, Office on Aging; Joe Cattell, County Engineer, Katie Taylor, Administrator, and Shane Hajjar, Deputy Engineer, Engineer’s Office; Caroline Mansfield, Chief Deputy Treasurer, Treasurer’s Office; Nick Gorris, Director, Water Resources, and Gina Hofstetter, Director Community and Economic Development.

Others in Attendance:  Glen Vernick, Maintenance Director; Kathleen Hostutler, Human Resources Director; Pam McMahan, Chief Operations Officer, Auditor’s Office; Adam Litke, Director, Geauga Public Health; James McCaskey, Planning Commission Board Member; Brad Gellert, Then Design Architecture, plus members of the press, the public and this observer.

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

Minutes:  Minutes were approved for September 5, 2024.  Observer Comment: Weekly LWVG Observer Reports for BOCC are available online through October 8, 2024, for informational purposes but are not substitutes for approved minutes.  Approved BOCC Minutes are posted online here through August 29, 2024.

Administrator’s Report: Mr. Morgan reported on the following action he took in accordance with Ohio law:  For the Department of Water Resources, he approved hiring a full time Maintenance worker

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

Observer Note: Monetary figures are stated when they were given in Mr. Gorton’s report.  In most cases, except for Vouchers, they are not stated.

• Appropriations transfer from the Sheriff's Miscellaneous refunds

• Appropriations Transfer from the Sheriff Department to provide for a Cash transfer into their new Traffic Fund

• Supplemental for Maintenance for additional cleaning, postage and operating expenses

• Cash from General Fund to Public Assistance for the October-December 2024 obligations

• Cash from the General Fund to Community and Economic Development for their third quarter share 2024 payroll 

• Cash from General Fund to Family First for Oct-Dec. 2024 share

• Travel for the Auditor, Clerk of Courts, Common Pleas and JFS (Job and Family Services)

Vouchers:

• $306,175 Auditor’s ARPA Fund to Agri-Sludge for the Aquilla Wastewater Project

• $49,468 from the Commissioners to Infinity Construction for Payment #12 for the Courthouse Renovation

• $125,011 from the Engineers to Ronyak Paving for the Wilson Mills paving project

• $125,886  from the Engineers Office to CMG Contractors for the Bundysburg Road Bridge project

Following this report Mr. Gorton said he wanted to bring to the attention of the Commissioners that the Auditor had permitted several departments to take payroll expenses from the ARPA account even though they were not payroll accounts within the General Fund.  Mr. Gorton noted that $10 Million of the ARPA account was meant to be used for the Courthouse construction project.  He said that he had reached out to Chief Deputy Auditor Ron Leyde regarding this but had not heard back.  He responded to a question about which departments had done this, and Mr. Gorton said it was the Auditor’s office, Engineers, Clerk of Courts and Prosecutor’s Office.  When asked, he said that the $10 Million would go faster by using payroll outside the General Fund in addition to payroll from funds within the General Fund.  He described the original plan, which was to accumulate $10 million in the General Fund by using the ARPA funds for payroll for departments within the General Fund.  Some departments have payroll both within and outside the General Fund.  Mr. Gorton said that the intent of the Resolution passed by the Commissioners (in July 2024) had been to take payroll out of only those funds that are within the General Fund.

Departments that have some payroll funds outside the General Fund and that took their payroll from ARPA include some funds of the Auditor’s Office, Engineer’s Office, Prosecutor’s Office and Clerk of Courts.  Mr. Gorton said that although the Sheriff's Office has some payroll outside the General Fund, they have not used ARPA for those. 
Observer Note:  This was the subject of a Special Meeting which occurred later in the week on October 10, 2024 at 2:00 pm.  That will be covered in an additional report.  See July 30, 2024 LWVG Report for information on the Resolution that authorized the use of ARPA funds for payroll.  Although the Commissioners continue to talk about the $10 Million coming from ARPA for the Court House expansion project, after the July 30 Resolution the plan shifted to use the Standard Allowance ($10 Million) of ARPA funds for payroll, thereby freeing up $10 Million in the General Fund, from which the money for the Court House Project will be drawn.

The County Engineer’s Office received approval for the following:

• To execute the Highway Easement between the Geauga County Board of Commissioners and FMGC, LLC (Parcel #21-158000) for roadway improvements to Butternut Road (CH-21) in Munson Township in the amount of $17,712.00.

• To execute the Highway Easement between the Geauga County Board of Commissioners and Ladi Stimpfel, Trustee of the Stimpfel Family Irrevocable Trust (Parcel #20-041500) for roadway improvements to Clay Street (CH-37) in Montville Township in the amount of $200.00.

• To execute Resolution #24-176 to Improve Clay Street (CH-0037, Sections E-F) and Leggett Road (CH-0033, Section A) in Huntsburg and Montville Townships.

• To execute Resolution #24-177 to Order the Asphalt Resurfacing of Various Roads, including Clay Street (CH-0037, Sections E-F) and Leggett Road (CH-0033, Section A) in Huntsburg and Montville Townships. This resolution also requests the Board approve and execute the Title Sheet of the Specifications for the same. Further, this resolution sets a Bid Opening on Friday, November 1, 2024 at 10:00 a.m. using Bid Express. Notice of this Bid Opening will be advertised on October 17, 2024 and on the County website.

• To execute Resolution #24-178 to Order the Construction of Salt Storage Building at 12665 Merritt Road, Claridon Township.  This resolution also sets a Bid Opening on Friday, November 1, 2024 at 10:05 a.m. using Bid Express. Notice of this Bid Opening will be advertised on October 17, 2024 and on the County website. 
  

There was some discussion about the proposed Salt Storage Building.  There was a request from the Engineer Cattell for the Commissioners to contribute 22.2% of the cost as he said they had done in the past.  Mr. Cattell said that salt is at a very low price - $46/ton.  They are on track for a contract for $44/ton.  The Commissioners’ share of the building at 22.2% would be approximately $172,000, with the Engineer’s office paying the balance. 

Mr. Lennon noted that “we haven’t had to use all that much salt.”  Mr. Cattell agreed that we have had milder winters but he said that even if there is an inch of snow, or if there is ice, you have to use as much salt as 10” of snow.   Mr. Cattell said that “The other one paid for itself in two years.”  He reiterated that they are not looking for a loan, just the 22.2% share from the County.  He said this was Phase 1.   Mr. Cattell also said that they are about five years out with their plans for a new barn, moving the brine station, and installing a wash station.  There will be drive-through bays.  The money for this project will come from the gas tax and licensing fees.  

The Department on Aging  received approval for the following:

• To approve the creation, title and job descriptions for the positions of Full-time Adult Day Service Assistant (#1041) and Part-time Adult Day Service Assistant (#1041-1), to be effective October 8, 2024.

• To approve the revised job descriptions for the positions of Full-time Recreation and Education Assistant (#1005) and Part-time Recreation and Education Assistant (#1005-1) to be effective October 8, 2024.

• To approve the revised Organization Chart to include the new positions of one (1) Full-time Adult Day Service Assistant (#1041) and one (1) Part-time Adult Day Service Assistant (#1041-1) and reduce the number of Full-time Recreation and Education Assistant (#1005) positions from six (6) to five (5) and Part-time Recreation and Education Assistant (#1005-1) from three (3) to two (2), to be effective October 8, 2024.

• To approve the reclassification of Bonnie Tayek from Full-time Recreation and Education Assistant (#1005) to Full-time Adult Day Service Assistant to be effective October 8, 2024.

• To advertise for the position of Part-time Adult Day Service Assistant. This position will remain posted until filled.

• To close the current posting for the position of Part-time Recreation and Education Assistant (#1005-1).

There was a Discussion about the need for these changes.  Ms. Boalt said that they have had difficulty attracting and retaining employees for the Education Assistant positions because in the past, these combined positions did not work at the Senior Center and at the Adult Day Care since the skill sets for these two positions differ due to working with dementia and Alzheimer’s patients at Adult Day Care.  She said that these are difficult types of positions and separating them will help them find the right people for each position.

The Community and Economic Development Department received approval to execute the Ohio Department of Development, Brownfield Remediation Program Grant Agreement for the period July 4, 2023 through June 30, 2025 in the amount of $2,917,012.00.

Director Hofstetter said that they haven’t heard back from the State regarding the second round of demolition grants.  

The Maintenance Department received approval for the following:

• To execute the Contract Agreement with Bryon D. Myers, Architect, LLC, to provide professional design and contract administration services to demolish the rear wing section of the County Home Next Step Building, enclose the rear façade and basement wall areas of the remaining upright section, and backfill and regrade the demolished building site area located at 13211 Aquilla Road, Chardon, for the period October 8, 2024 through October 31, 2025.

Mr. Lennon expressed surprise about this project and said that he didn't know about it.  Maintenance Project Manager Tkach said that this part of the building had not been used for several years.  Mr. Dvorak asked about the stone and also whether there is asbestos.  Mr. Tkach said that they are saving the stone and that there is a small amount of asbestos.

• To approve, initial and execute the Contract Agreement with Delta Industrial Services, Inc., for the Geauga County Window and Glass Cleaning Services for 2024-2027 in the amount of $123,084.00, effective October 8, 2024.

• To accept the Performance and Payment Bonds from Delta Industrial Services, Inc., for the Geauga County Window and Glass Cleaning Services and further release the Bid Bond.

• To award the bid to McCaskey Landscape and Design, LLC, for the 2024-2026 Snowplowing Services, Salt and Spring Cleanup for the 2024-2025 season in the amount of $94,673.00, with Salt at $196.00 per half ton and for the 2025-2026 season in the amount of $98,015.00, with Salt at $196.00 per half ton with a total not to exceed amount of $230,000.00, as they represented the lowest and best bid.  Mr. Sieracki said this was pretty similar to the one they had two years ago.

The Department of Water Resources received approval for the following:

• To execute Contract Maintenance Form #1, increasing the Contract with Auburn Fence Corporation for needed repairs at the Auburn Lakes Pump Station in the amount of $7,440.00, for a revised contract total amount of $12,440.00. 

• To approve and execute Change Order #2, increasing the Contract with Agri-Sludge, Inc., for the Aquilla Wastewater Treatment Plant Improvement Project for Sludge Hauling, Pumping, and Sewer Abandonment required to properly track project quantities due to actual plant operation in the amount of $438,719.00.  Mr. Gorris said that the lagoon system is not operating as needed.  He said there was a relief connection that is no longer allowed by the Environmental Protection Agency (EPA), so that was a change.  Mr. Gorris said it will be about $50,000 over the original bid.  He also said that they have money available through grants, ARPA funds and department funds to cover the cost.  Mr. Lennon said, “Overall we have been using the ARPA funds to good effect.”  Mr. Gorris agreed and said it has been a good process.

Geauga Transit received approval to execute the Lease Agreement Addendum to include a Hazardous Materials provision and that except and to the extent expressly modified by this Addendum, the lease shall remain in full force and effect.  This was approved without discussion.

The Commissioners’ Office received approval for the following:

• To execute the Request for Partial Payment #34 and Final, for Donley’s Independence, LLC, for the Geauga County Office Building, GMP Phase #1 and Phase #2 in the amount of $93,502.65

• To execute Change Order #3, increasing the Contract with ThenDesign Architecture (TDA) for Renovation of Existing County Buildings and Construction of New Buildings, Phase 2 for additional services related to geotechnical cores and associated reporting as well as additional construction testing and architectural fees in the amount of $368,570.00 for a revised contract total amount of $1,512,470.00.

There was considerable discussion about this with Brad Gellert from TDA. Mr. Morgan said that the original amount was before a lot of the design was completed.  Mr. Lennon said (and Mr. Spidalieri agreed) “Why are we finding this out now?”  Mr. Spidalieri said, “We’re getting into muddy waters regarding our financial commitment.  All of a sudden we are going to be up another $300,000.”  Mr. Lennon said, “I understand the scope and it was done a long time ago, but this should have been approved a long time ago”  He said further, “There’s a lot of additional  work that I was not aware of.” He said that they picked the firm they picked originally for the construction of the Court House project because they said it would cost $14 Million.  He wanted to know who was making these decisions.  He said, “I was part of the original $15 Million and change.  This is on the front end, pre-construction.  Why are we hearing this $370,000 now?”  Mr Morgan said that they thought it would be better to not “nickel and dime them” and present the changes at one point.   Mr. Lennon agreed that when you are working with an old building there will be changes.  Mr. Dvorak said it would be nice to have a breakdown.

Mr. Gellert said that they had a lot of consultants and testing agencies that were required.  The testing agencies had to come out many times and they had caught a lot of things. He stressed the importance of the testing to ensure the structural integrity of the building. 

Mr. Lennon asked again, “What is the true cost of the building?”  He said, “Who is making these decisions?”  Mr. Morgan said that the original discussion came from the Judges in terms of functionality.  It had been planned for four floors, but now there is a slightly larger footprint but only three floors.  The original plan was based on a design that was done 20 years ago.  

Mr. Lennon said that in his own business and personal budgeting that “I have a budgeted amount, that I know what I can afford to spend.... This project, I thought we approved a budget of $15 Million, knowing that there might be some overruns, fancier walls for instance….  It seems like our budget that we set wasn’t paid attention to….  We don’t really know what it’s going to cost.”  Mr. Spidalieri said that there will probably be overruns with Phase 2 - the inside work.  Mr Spidalieri said that this project is putting a big hold on other things in the county.  He wanted to see an end point.  Mr. Spidaieri said he wasn’t comfortable with paying this bill.

Mr. Lennon asked again, “This is work that is done?”  Mr. Gellert said yes.  Mr. Lennon said, “This is water under the bridge.”  

Mr. Spidalieri asked, “‘Where were we at when these things came up?”

Mr. Lennon said they should scale back and make it work within the budget.

Mr. Spidalieri wanted to know about the square footage and the change in number of floors.  

Mr. Lennon said, “Who are you getting direction from?”

Mr. Morgan said, ”It is coming from me, with input from the judges.”

Mr. Lennon said, “It feels like we’re at the back end of this deal.”

Mr. Dvorak asked, “Gerry (Mr. Morgan),  do you have any suggestions for us going forward?“ Mr. Dvorak asked that the Commissioners be notified about changes.

Motion to pay approved with Mr. Spidalieri voting no.

• To execute the Attorney Retainer and Fee Contract with Dann Law to provide legal services regarding Geauga County Commissioners Litigation and Intergovernmental Disputes in an amount not to exceed $50,000.00, unless prior approval by the Board.  Mr. Morgan said that this was needed because the Prosecutor’s Office is “...more reluctant to perform services for whatever reason due to conflict of interest or anything else.” He said that this would be paid only if needed.

There was lengthy discussion about this contract, led by Mr. Dvorak.  His first questions were:

What was the process used to pick this firm?

Were other law firms interviewed?

What is the hourly rate?

Mr. Morgan searched for the hourly rate, initially saying that it was similar to that being charged by other law firms they are using.  Mr. Morgan found the rates which are based on number of years of experience and are as follows:

Attorneys with more than 10 years experience - $325/hour

Attorneys with less than 10 year experience - $225/hour

Paralegals - $125/hour

Mr. Dvorak then said that he had done research about this law firm and the first thing he found was that when Mr. Dann (the principal in the firm) was the Attorney General, he was forced to resign after 18 months in office. Mr. Dann was also suspended from the practice of law for 6 months. The Ohio Supreme Court suspended him (vote of 7-0) for “conduct that resulted in his conviction on misdemeanor criminal counts of soliciting improper compensation and filing false financial disclosure statements during his tenure as Attorney General.”  In addition, there were improper campaign fund transfers and failure to disclose a $20,000 private jet ride to Arizona.  Observer Note: More information is available in this Court News Ohio article.  Mr. Dvorak concluded that the Dann firm is known for real estate law and he didn’t see how it would fit their needs.  He suggested they look at other firms.

Mr. Lennon said that he had met with Mr. Dann and an attorney in the firm because he wanted an outside opinion about “things that were plaguing this office.”  He said, “I think they would be interested in getting to the bottom.”  He said the current outside firm is fine but he wanted opinions on how things work between different offices according to Ohio Revised Code.  

Mr. Spidalieri said he would be willing to talk with other firms.

Mr. Dvorak said again that the Dann firm is focused on fighting for homeowners, not intergovernmental disputes.

Motion to sign the contract was approved with Mr. Dvorak voting no.

The Commissioners Office received approval for the following additional resolutions:

• To execute the Agreement with D.B. Kosie and Associates, LLC, to perform a boundary and topographical survey, and tree removal staking of the future location of the Geauga County Youth Center, on Parcel #13-705020, effective October 8, 2024 and work shall be completed by October 30, 2024 in the amount of $6,037.00.

• To execute the Agreement for Public Depositories with J.P. Morgan Chase Bank, N.A. for deposit of active moneys during the period October 12, 2024 through October 11, 2028 in the maximum amount of $100,000,000.00. 

• To execute the Agreement for Public Depositories with Huntington Bank for deposit of active moneys during the period October 12, 2024 through October 11, 2028 in the maximum amount of $100,000,000.00.

• To execute the Agreement for Public Depositories with The Farmers National Bank of Canfield for deposit of active moneys during the period October 12, 2024 through October 11, 2028 in the maximum amount of $100,000,000.00.

• To execute the Agreement for Public Depositories with The Middlefield Banking Company for deposit of active moneys during the period October 12, 2024 through October 11, 2028 in the maximum amount of $100,000,000.00.

• To execute the Agreement for Public Depositories with Premier Bank for deposit of active moneys during the period October 12, 2024 through October 11, 2028 in the maximum amount of $25,000,000.00.

• To rescind the motion from September 26, 2024 to move and hold regular session October 22, 2024 at the Geauga County Airport and to rescind the motion from October 1, 2024 approving Resolution #24-173 that Established the location and time of the October 22, 2024 regular meeting at 9:30 a.m. at the Geauga County Airport, Middlefield, Ohio.  Due to a scheduling conflict, the session and the ribbon cutting ceremony planned had to be canceled.

Public Comment:  

Mr. Tom Jones asked about the awarding of the contract to the McCaskey firm for salt and snow removal.  He questioned the rate for salt, which was stated to be $196/half ton when the County Engineer just stated during this meeting that they are able to purchase salt for closer to $40 per ton.

Mr. Morgan responded that this was done through a competitive bidding process.  He also said that although the Engineer’s office can purchase salt in bulk, private companies cannot.  He also said that this firm will do the “first push in the morning only.”

Mr. Jones said that for this price ($196/half ton) you could buy salt by the bag.

Mrs. Diane Jones asked a question about the Geauga Transit resolution (which was to include a Hazardous Materials provision in their lease).  She wanted to know if this was Lake County, since Geauga Transit is now combined with Lake County transit.  Mr. Morgan said it was with Geauga Transit, which he said was a separate entity.  Ms. Blair said that the contract was with Laketran, doing business as Geauga Transit.  Ms. Jones said that there were issues in the past when this had come up and she felt there was some deception in the way this was presented.

Chagrin Valley Times Reporter Anastasia Nicholas asked a series of questions about the contract with attorney Mark Dann’s firm.  She asked Mr. Lennon, “After hearing all the news about Mr. Dann, why  vote yes on that contract?”

Mr. Lennon said, “Those are concerns for sure, but I met with the law firm myself and talked with them many times.”  He said he was not aware of those issues, but he had recommendations that they do a good job.

Ms. Nicholas asked for more information about the kind of intergovernmental issues the law firm would be assisting with.

Mr. Lennon said that there have been some questions about “the authority of one office and how they work with each office…  dozens of instances where we have questioned things and have not been able to get a definitive answer.”  Ms. Nicholas asked the same question of Mr. Spidalieri.

Mr. Spidalieri said that for his part, he was “disappointed with Jim Dvorak that if he had this information why he hadn’t brought it up yesterday so the County Administrator could review the information.”  

Mr. Spidalieri said they are going to review on a case by case basis.  “I feel confident after speaking with Gerry (Morgan), they've looked into it.  It gives us one more firm to talk to.”  He also said that he was open to talking to other firms.

She asked a follow up to Mr. Spidalieri, “Why not wait until you talk more?”

Mr. Spidalieri said,  “That’s why I’m sitting here and you’re sitting there. We made a decision and that’s the decision we made.”

Mr. Dvorak said “I’m not disappointed in myself.  I’m disappointed in Gerry (Morgan).”  He wondered what the process was.  He said, “ You haven’t reached out to each one of us individually to say, ‘This is what I’m thinking, this is the process.’”  He wondered if Mr. Morgan was working on this for a month or two.  

Mr. Lennon said that Mr. Morgan and he had many conversations about this.  He said, “He’s been clear with me” and also that “I assumed he talked to the other two commissioners….”  He went on to talk about the issues and said that “There was an issue arising just within this Agenda today. He’s been clear with me.”

Ms. Hofstetter, Director Community and Economic Development, who was in the audience said that she has had to use outside counsel and it can take weeks (from the Prosecutor’s Office).  She appreciated having another resource available to her office.

Mr. Lennon recognized a NOPEC rep who said that he will be at the Township Association meeting in October.  He said that if townships pass a resolution regarding gas that they could easily opt in and out of gas aggregation.  

Meeting adjourned at 10:42 am.

More Information and Posted Minutes: Available here.

Next Regular Meeting of the BOCC: The next BOCC meeting will be on Thursday October 17, 2024 at 9:30 am.  This is a change from the normal Tuesday meeting time due to the Columbus Day Holiday on Monday.

Observer: Gail Roussey

Editor: Anne Ondrey

Reviewer: Sarah McGlone

Date Submitted: 10/11/2024

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