BOCC Agrees That Geauga County Board of Health Will Not Pay Rent to the County
Board of County Commissioners (BOCC) Meeting - November 26, 2024
Meeting Details: The Board of County Commissioners (BOCC) met in Regular Session on Tuesday, November 26 at 9:30 am for a meeting 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, if any, 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 has been no formal policy introduced, although public comment was permitted today.
Attendance: Present were Commissioners Timothy Lennon, Ralph Spidalieri and James Dvorak. Also present were Commissioners' Clerk Christine Blair, County Administrator Gerry Morgan, Assistant County Administrator Linda Burhenne and Finance Manager Adrian Gorton.
County Representatives: Matt Sieracki, Maintenance Contract Coordinator; an unnamed representative from Maintenance Department; Don Rice, Superintendent, Board of Developmental Disabilities; Kathleen Hostutler, HR Benefits Manager; Shane Hajjar, Engineer’s Department; James Flaiz, Geauga County Prosecutor; Sheriff Scott Hildenbrand; Linda Crombie, Director, Planning Commission; representative from Home Instead Senior Care.
Others in Attendance: Carolyn Brakey, Geauga Board of Health member and newly elected County Commissioner; Adam Litke, Administrator, Geauga County Public Health; Glen Vernick, Director, Maintenance Department; Dave Lair, current Board of Developmental Disabilities member and former Geauga County Administrator; County residents Diane and Tom Jones, the members of the public and press, and this observer.
The Pledge of Allegiance was recited and a prayer was offered by Mr. Dvorak.
Minutes: Minutes for the November 5 and November 14 meetings were approved. Observer Comment: Weekly LWVG Observer Reports for BOCC are available online through November 26, 2024, for informational purposes but are not substitutes for approved minutes. Approved BOCC Minutes are posted online here through November 14, 2024.
Administrator’s Report: Mr. Morgan approved hiring of a full time Recreation and Education assistant for the Department on Aging.
Financial Report: Mr. Gorton received approval for the following: Observer Note: Monetary figures are given when available.
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Supplemental from Engineer’s office moving General Fund payroll appropriations into their General Fund equipment account. This represents the payroll that was originally paid from ARPA.
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Supplemental de-appropriation from Mental Health in their Capital Reserve Fund Project Contracts account.
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Cash Transfer from the General Fund to the County Engineer’s Building Fund to provide the County’s share of funding that represented the construction of their new salt structure.
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Cash Transfer from Workers Compensation Rotary Fund to reimburse departments that paid into the 2019 and 2020 premiums as required by the State Auditor.
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Then and Now encumbrance from Commissioners’ Office to Kimberly Baioni for appointed counsel fees from 2022.
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Then and Now encumbrances from Common Pleas Court to the Supreme Court of Ohio for assigned judges fees and to the Office of the Ohio Public Defender for investigator fees from 2023.
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Travel for the Engineer’s Office, Common Pleas Court and Dog Warden.
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Purchase Order from Emergency Services to Daystar Ford of Garrettsville LLC for a new replacement 2024 Ford Ranger.
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Voucher of $125,949.00 from Engineer’s Office to Ohio Machinery Co for a 2024 Caterpillar D3 XL Track Type Tracker.
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Revenue Certification from the Common Pleas Court Technology Fund for additional unbudgeted revenue received in 2024.
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Revenue De-Certification from Mental Health in their Capital Reserve Fund from budgeted revenue they will no no longer be receiving in 2024.
Discussion followed: Mr Lennon asked for the status of the resolution for the return of the payroll funds that were transferred from ARPA funds. Mr. Gorton stated he had reached out to the Prosecutor’s Office, and Mr Flaiz said “The resolution would be insufficient to compel those elected officials to return the money.” Mr. Gorton said that, of the $1 million that was transferred from the ARPA funds for the payrolls, $66,000 has been returned. Mr. Lennon expressed his displeasure that the original transfer from ARPA funds for payroll was “highly unethical” in the first place and that this needs to be reviewed legally. Mr.Gorton said that this “should be something that we make the State Auditor aware of when they do the 2025 audit.” Observer Note: Please see LWVG Observer Report from the October 10, 2024 BOCC Special Meeting where this matter was discussed.
The Commissioners’ Office received approval to execute Resolution #24-196 Proclaiming Recognition of Continued Support of the “Be A Santa to A Senior” Program for 2024 in Geauga County.
The County Engineer’s Office received approval for the following:
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To execute Resolution #24-197 to Order the Asphalt Resurfacing of Auburn Road (CH-0004, Sections R-U) in Chardon Township. This resolution also requests the Board to approve and execute the Title Sheet of Specifications for the same and sets a Bid Opening on Friday, December 20, 2024 at 10:05 am at the Engineer’s Office using Bid Express. Notice of this Bid Opening will be advertised on November 28, 2024, December 5, 2024 and on the county website.
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To Authorize the President of the Board to execute the Agreement to Extend Contract Execution Date, Pursuant to O.R.C. 153.12 for Ronyak Paving, Incorporated for the Asphalt Resurfacing of Various Roads from December 31, 2024 for an additional thirty days up to and including January 30, 2025.
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To execute Resolution #24-198 and # 199 Appointing Board Member, James W. Dvorak, as the Chief Executive Officer and Certifying Representative for the proposed Asphalt Resurfacing of various roads and further approve and authorize the Chief Executive Officer to execute the State of Ohio Public Works Commission application for financial assistance.
The Planning Commission received approval for the following:
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To execute the Final Plat for Chagrin Falls Park Replat of Sublots #850-858, creating Sublot #850-R in Bainbridge Township.
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To execute the Final Plat for Canyon Lakes Colony Subdivision Replat of Phase 14-A and 14-B, Sublots #360 and #378, creating Sublot #360-R in Bainbridge Township.
The Prosecutor’s Office requested that the Board approve and authorize the President of the Board to execute the Application for Appointment of Counsel in regard to the Application of Prosecuting Attorney and Geauga County Board of Commissioners for Appointment of Legal Counsel for the Geauga County Board of Health appointing Attorney Bryan Kostura to represent and advise the Board of Health on the proposed lease agreement and any other matters relating thereto between the Board of Health and the Board of County Commissioners.
Mr. Flaiz stated that the Health Department received a lease agreement from the Commissioners’ Office which they forwarded to the Prosecutor’s office for review. Mr. Flaiz referred to a meeting that occurred in January 2019 with his office, the previous health board director, Mr. Lennon and Gerry Morgan regarding the Health Department moving into the new building. Mr. Flaiz said that, due to this meeting, he has a conflict which does not allow him to review the lease. They will have to obtain outside counsel.
Discussion followed with Mr. Lennon regarding the cost to taxpayers. Mr. Flaiz stated that we “spend all this time and money to take from the taxpayers’ right pocket to put in the left pocket.” He opined that they should drop the rent issue and hence, outside council. Mr. Lennon stated that he was on board with that and that the Board would like a memorandum of understanding which would outline the responsibilities of the Health Department as tenants in the building and recapture of some expenses such as janitorial, utilities, etc. A motion was made by Mr. Dvoark for a Memorandum of Understanding to be presented to the Geauga Health Department and that there will be no rent charged to the Department. This motion was approved unanimously.
The Prosecutor’s Office received approval to authorize the Prosecuting Attorney James R. Flaiz to execute an Amendment to Paragraph Eight (8) of the Agreed Judgement Entry in the City of Chardon v. Geauga County, Common Pleas Case #20M000648.
Mr. Flaiz met with the City of Chardon regarding their share of the courthouse expansion expenses. They had agreed to a cap of $2 million and have paid $600,000 to date. They all agreed that it will definitely be $2 million so they will commit to that now and set up a payment schedule for the remaining $1.4 million.
The Sheriff’s Office received approval to execute the Victim of Crime Act (VOCA) and State Victim Advocacy Act (SVAA) Grant Award and Acceptance Forms in the amount of $39,565.00 from Grant #2025-VOCA-135901864 ($31,652.00 from Federal VOCA funds and $7,913.00 local match from the County General Fund) and $3,264.80 from Grant #2025-SVAA-135901868 with no local match. This grant is for the period October 1, 2024 through September 30, 2025.
The Maintenance Department received approval for the following:
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To amend the motion from October 8, 2024 to adjust the total contract amount and to execute the Contract Agreement with McCaskey Landscape and Design, LLC for the 2024-2026 Snowplowing Services, Salt and Spring Cleanup for the 2024-2025 season in the amount of $92,153.00, Salt at $196.00 per half ton and any Spring Cleanup and for the 2025-2026 season in the amount of $95,375.00, Salt at $196.00 per half ton and any Spring Cleanup with a total not to exceed amount of $272,688.00.
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To accept the Performance Bond for McCaskey Landscape and Design, LLC for the 2024-2026 Snowplowing Services and further release the Bid Bond.
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To execute the service Contract Agreement with Cable Communications, Incorporated to install new quartzite riser boxes at nine (9) pull boxes located on Merritt Road and Ravenwood Drive per the Maintenance Director with work to be completed within sixty (60) days from November 26, 2024 in an amount not to exceed $20,000.00.
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To execute the Agreement for Professional Design Services with Tec Incorporated Engineering and Design to provide professional design and contract administration services related to the off-load of standby power for the West Geauga Senior Center building, MSI WWTP and the well-pump serving the MSI building from the existing shared Metzenbaum standby generator to a newly installed dedicated standby generator and fuel source located at 8090 Cedar Road, Chesterland for the period November 26, 2024 through November 30 2025 in an amount not to exceed $21,000.00.
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To execute the Agreement for Professional Design Services with Technical Assurance, Incorporated to provide professional design and contract administration services related to replace the Geauga County Maintenance Barn Roof located at 13211 Aquilla Road, Chardon for the period November 26, 2024 through November 30, 2025 in an amount not to exceed $81,200.00.
The Maintenance Department did not obtain approval for the following after Mr. Dvorak requested this item tabled subject to a review of the details for the agreement:
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To execute the service Contract Agreement with Kenny Hoar Construction Company to repair the block foundation of the Maintenance Department’s Salt Garage with work to be completed within sixty (60) days from November 26, 2024 in an amount not to exceed $15,000.00.
The Commissioners’ Office received approval for the following:
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To execute the Request for Partial Payment #14 for Infinity Construction Company, Incorporated for the Geauga County Courthouse Expansion, GMP #1 and #2 expenses in the amount of $1,053,105.31.
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To appoint Tristan Sanchez to the Board of Developmental Disabilities Board for a four-year term, beginning January 1, 2025 through December 31, 2028.
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To re-appoint Uschy Keiper, Dave Lair and Martin Miller to the Board of Developmental Disabilities Board for a four-year term, beginning January 1, 2025 through December 31, 2028.
Mr. Dvorak inquired as to the criteria used for the Board appointees. Mr. Rice stated that they are required to have family and client representatives as well as a mix that reflects the community. Mr. Dvorak expressed that the Board should be involved and Mr. Rice should communicate with the Commissioners’ office when this happens in the future. Mr. Dvorak abstained from the vote as he questioned the lack of communication involved in the process.
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The promotion of an employee position of Benefits Specialist (#1330) to be effective December 9, 2024 at the rate of $24.02 per hour (Grade 11, Step 1) with a 180 day probationary period.
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To execute Resolution #24-200 Adopting the Geauga County Board of Commissioners’ Credit Card Policy, pursuant to O.R.C. 301.27), to be effective January 1, 2025.
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To adopt the Credit Card Use Policy to be effective January 1, 2025 and place in the Geauga County Personnel Policy and Procedure Manual
Item not on Agenda:
Mr. Dvorak made a motion for the county to pay for the expenses for Carolyn Brakey, the new incoming commissioner, to go to a class in Columbus presented by the County Commissioners Association of Ohio. This motion was approved.
Public Comment:
Adam LItke, Geauga Health Department Administrator, thanked the Commissioners for coming to an agreement regarding the rent for the Board of Health. He stated that he thinks it is an efficient use of taxpayers’ money.
Meeting adjourned at 11:15 am.
More Information and Posted Minutes: Available here.
Next Regular Meeting of the BOCC: The next BOCC meeting after this one is Tuesday, December 3, 2024 at 9:30 am.
Observer: Mary Heintzelman
Editor: Gail Roussey
Reviewer: Carol Benton
Date Submitted: December 4, 2024
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