Dog Warden Matt Granito Reappointed but County Administrator Gerry Morgan Is Not; Payment of Judge Grendell’s Legal Fees Denied
Board of County Commissioners (BOCC) Meeting - January 7, 2025
Meeting Details: The Board of County Commissioners (BOCC) met in Regular Session on Tuesday, January 7, 2025 at 9:30 am at the County Administration Building, 12611 Ravenwood Drive, Room B303, Chardon, OH. The meetings are in-person only, and starting with this meeting, there will be recordings available for the public. These will be available through the ADP Youtube channel. The January 7, 2025 meeting can be found here. Notations in the report refer to the minute notation on the video for a particular section. 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 new Commissioner Carolyn Brakey, and fellow Commissioners 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: Shane Hajjar, Engineer’s Department; Matt Sieracki, Contract Administrator, Maintenance Department; Nick Gorris, Director, Water Resources; Kathleen Miller, Fiscal Specialist, Department of Water Resources; Jessica Boalt, Director, Department on Aging; Elaine Malkamaki, Program Director, Department of Community and Economic Development; Kathleen Hostutler, Human Resources Manager, and Chief Deputy Sheriff Thomas Rowan.
Others in Attendance: Frank Antenucci, Chief Deputy Administrator, Automatic Data Processing (ADP); Craig Swenson, Executive Director, Job and Family Services; Past County Commissioner Timothy Lennon; Steve Oluic, President, Geauga Mental Health and Recovery Services Board; Glenn Vernick, Director, Maintenance Department; Katie Taylor, Administrator, Engineer’s Office, and Adam Litke, Administrator, Geauga County Public Health. There was a news reporter and video camera from Channel 5 as well as reporters from the Plain Dealer, Geauga Times Courier, and the Maple Leaf, as well as County residents Tom and Diane Jones, this observer and others.
The Pledge of Allegiance was recited and a prayer was offered by Mr. Dvorak.
Administrators' Report: Mr. Morgan received approval for the following:
Minutes: Minutes for the December 3 and December 10, 2024 BOCC meetings were approved, with Mrs. Brakey abstaining. Observer Comment: Weekly LWVG Observer Reports for BOCC are available online through January 7, 2025 for informational purposes but are not substitutes for approved minutes. Approved BOCC Minutes are posted online here through December 10, 2024.
The Commissioners’ Office approved encumbrances to be considered by the Board of Commissioners to be effective January 1, 2025. Observer Note: This item was approved without discussion,
Financial Report: Mr. Gorton received approval for the following: Observer Note: Monetary figures are given when available.
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Appropriation Transfer in Mental Health for purchase of a generator
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Supplemental for the Auditor due to need for additional funding for moving RealLink to the cloud, and increased costs due to the 2024 state audit
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Encumbrance - blanket and purchase order contract approved
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Travel for Clerk of Courts and Job and Family Services
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Revenue Certification for Mental Health Capital Reserve Fund for additional 2025 revenue not previously budgeted.
The Commissioners’ Office received approval to establish the gas mileage reimbursement at the current Internal Revenue Service (IRS) rate of $0.70 per mile, to be effective January 1, 2025, for the departments under the direction of the Geauga BOCC..
10:25 Min. Discussion of the request from the Probate / Juvenile Court regarding supplemental request of $300,000.00 and request for additional Outside Counsel. Reviewer Note: At the November 19, 2024 BOCC Meeting, Probate/Juvenile Court Judge Timothy Grendell requested funding from the BOCC for his legal fees related to his past appearance before the Board of Professional Conduct and his future appearance before the Ohio Supreme Court regarding ethics complaints against him. The Board of Professional Conduct’s opinion on the matter is available here. Mrs. Brakey said that she asked for this item to be put on the Agenda to clarify the Board’s position on this request. Mr. Dvorak made the motion and Mrs. Brakey seconded the motion prior to discussion. Mr. Spidalieri asked to clarify if there was just discussion or a motion. Prior to discussion, the motion was changed to deny both the request for counsel fees in the amount of $300,000 and appointment of outside counsel. Mrs. Brakey said that given the plain reading of Ohio Revised Code (ORC) 2744.07A l it was clear that statute referred to civil allegations, but in this case, the action was a disciplinary hearing. Observer Note: The wording of this ORC section is as follows:
ORC 2744.07 A) (1) Except as otherwise provided in division (A)(2) of this section, a political subdivision shall provide for the defense of an employee, in any state or federal court, in any civil action or proceeding which contains an allegation for damages for injury, death, or loss to person or property caused by an act or omission of the employee in connection with a governmental or proprietary function. Amounts expended by a political subdivision in the defense of its employees shall be from funds appropriated for this purpose or from proceeds of insurance.
Mr. Morgan said that, in his review of this matter with outside counsel (not named), it was determined that the Board had authority to make these payments, but that it was not required to do so. He further said that any motion to approve outside counsel would not follow procedure since the appointment of outside counsel would first have to go to the Prosecutor’s office.
Mrs. Brakey said that the $300,000 in legal bills came in for the Commissioners to pay after the work of the outside counsel was already complete.
Mr. Spidalieri said that Judge Grendell had been surprised by the $300,000 bill, which is why he hadn’t submitted it before for payment because he thought the bills had already been coming to the County for payment. Mr. Spidalieri also said that he thought that one way or the other this firm is going to get paid for their services since the Supreme Court ordered the firm to represent Judge Grendell.
Mrs. Brakey said that “it would set a dangerous precedent for taxpayers to be subsidizing elected officials’ wrong-doing.”
Mr. Spidalieri said that in his discussion with the Judge he understood that statutorily Judge Grendell was an employee of the County and that he is entitled to legal representation.
Mrs. Brakey said it was a gray area as to whether Judge Grendell was even a County employee.
Mr. Dvorak said that if the court eventually told the County to pay for a portion of Judge Grendell’s legal costs, the County would do so, but he would prefer to wait for the court to order this before doing so.
The motion to deny payment and deny a joint request for outside counsel was approved, with Commissioners Dvorak and Brakey voting in favor of the motion and Commissioner Spidalieri abstaining. Mr. Spidalieri said that he “didn’t have enough information to make a sensible decision.”
The County Engineer’s Office received approval for the following:
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To execute Resolution #25-002 authorizing the County Engineer to undertake projects using force account in certain cases for Year 2025.
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To award the bid to Ronyak Paving, Inc., for the asphalt resurfacing of Auburn Road (CH-0004, Sections R-U) in Chardon Township in the amount of $1,138,813.00 as they represented the lowest and best bid. The Bid Bond submitted shall be held as the Performance Bond for this project.
The Community and Economic Development Department received approval to re-appoint Daniel Plant to serve on the Fair Housing Committee for a two-year term, ending December 31, 2026.
Mrs. Brakey asked the Community and Economic Development Program Coordinator Elaine Malkamaki whether this position had been advertised. Ms. Malkamaki said it had not been advertised and that they had never advertised for these positions since she had been with the department. Mrs. Brakey then asked how people were chosen and Ms. Malkamaki said those who were on the Board were re-appointed.
The Maintenance Department received approval for the following:
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To award the Bid to North Bay Construction Company, Inc., for the Geauga County Annex Generator upgrade in the amount of $146,500.00 as they represented the lowest and best bid.
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To approve and grant a waiver of the policy prohibiting the payment of late fees and finance charges and allow payment to the East Ohio Gas Company/Enbridge and the Illuminating Company for invoices received after the final financial session in 2024 and due prior to the first financials in January 2025, in an amount not to exceed $1,000.00.
Mrs. Brakey asked what steps had been taken to ensure that late fees are not charged. Maintenance Director Glen Vernick said that they had worked with the Auditor to reduce any late fees, but there were always some late fees. Mrs. Brakey then asked if they had considered paying by credit card to avoid this issue and/or asking for a change in payment terms for net 45 days instead of net 30 days. Mr. Vernick said that they had not tried those approaches.
The Department of Water Resources received approval for the following:
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To rescind the motion from December 27, 2024, as the amounts provided were incorrect. This motion read: approve the submission of the list of delinquent sewer user fees, water fees, tap-in installments and subsequent certification to the Geauga County Auditor, in accordance with O.R.C. 6117.02 and the Geauga County Department of Water Resources Rules and Regulations (Section F.501) in the total amount of $599,447.73 ($564,645.25 Arrearage and $34,802.48 Penalty).
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To approve the submission of the list of delinquent sewer user fees, water fees, tap-in installments and subsequent certification to the Geauga County Auditor, in accordance with O.R.C. 6117.02 and the Geauga County Department of Water Resources Rules and Regulations (Section F.501) in the total amount of $564,645.25 ($529,842.77 Arrearage and $34,802.48 Penalty).
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To approve and execute Change Order #3 decreasing the Contract with Agri-Sludge, Inc., for the Aquilla Wastewater Treatment Plant Improvement Project in the amount of 132,872.00.
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To approve and authorize James W. Dvorak, board member and Chief Executive Officer, to execute the Ohio Public Works Commission Disbursement Request Form and Certification #4 and Final, in order to release funds from the state portion of the OPWC (Ohio Public Works Commission) grant for the Aquilla Wastewater Treatment Plant Improvement Project in the amount of $140,226.53.
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To approve and execute the service Contract Agreement with A.J. Goulder Electric, Inc., to perform electrical repairs and services as needed at Wastewater and Water District locations within the department for a one-year period, effective January 7, 2025 in an amount not to exceed $15,000.00 ($9,000.00 Wastewater, $6,000.00 Water).
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To approve and execute the service Contract Agreement with C.U.E. Excavating Contractors, LLC, to perform General Excavating Services as needed at Wastewater and Water District locations within the department for a one-year period, effective January 7, 2025, in an amount not to exceed $30,000.00 ($15,000.00 Wastewater, $15,000.00 Water).
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To approve and execute the service Contract Agreement with Hannon Electric Company to perform 25 Days of Onsite PLC/HMI/SCADA programming services for the McFarland Wastewater Treatment Plant for a one-year period, effective January 7, 2025 in an amount not to exceed $32,000.00 ($8,000.00 Quarterly).
The Commissioners’ Office received approval to execute Resolution #25-003 Honoring Commissioner Timothy C. Lennon for his dedication and commitment to the residents of Geauga County.
35.35 Min Annual Organizational Meeting - Prior to the start of this portion of the meeting, Commissioners’ Clerk Christine Blair distributed copies of the agenda for this portion of the meeting.
This part of the meeting started with the appointment of a new President - which will be Mr. Dvorak, and Vice President - Mrs. Brakey. The following other decisions were made: maintain the meeting schedule of Tuesday mornings at 9:30 am except in the event of a Monday holiday, when the meetings will be Thursday morning at 9:30 am
At this point Mrs. Brakey suggested that the meeting schedule should be posted online, and Mrs. Blair said that it is put online already.
Appointments made to Boards: Observer Note: In some cases where there is no statutory requirement, the Commissioners can choose their own alternates.
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Board
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Primary
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Alternate
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ADP
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Brakey
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Dvorak
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Board of Revision
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Dvorak
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Brakey
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Community Corrections
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Spidalieri
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Dvorak
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Courthouse Security Advisory Committee*
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Dvorak
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Spidalieri
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Family First
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Brakey
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Dvorak
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Financial Review*
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Dvorak
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Brakey
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Geauga Co. Agriculture Society
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All three Commissioners:
Brakey
Dvorak
Spidalieri
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Not listed
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Geauga-Trumbull Solid Waste*
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Dvorak
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Spidalieri
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Health Department Advisory Board*
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Dvorak
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Brakey
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Investment Advisory
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Spidalieri
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Brakey
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NOACA
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All three Commissioners:
Spidalieri
Brakey
Dvorak
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Walter Claypool
Shane Hajjar
Andy Haupt
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NOC COG (Northeast Ohio Consortium Council of Governments)
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Dvorak
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Brakey
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Planning Commission
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All three Commissioners:
Brakey
Dvorak
Spidalieri
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Not listed
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Revolving Loan
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Dvorak
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Spidalieri
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*Board President required
The following appointments were also made:
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ADP alternates to Mrs. Brakey (primary) and Mr. Dvorak (1st alternate): Mr. Spidalieri and Mrs. Burhenne
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Board of Revision alternates were appointed for Mr. Dvorak (primary) and Mrs. Brakey (second): Mr. Spidalieri and Mrs. Burhenne
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NOACA Water Quality Committe - Nicholas Gorris with Alternate Carmela Shale
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NOACA Air Quality and Pedestrean - Mr. Gorris and Mr. Dvorak
Appointments
49.12 Min. Appointment of County Administrator - There was no discussion after the motion to appoint Mr. Morgan as County Administrator. Mrs. Brakey and Mr. Dvorak voted no and Mr. Spidalieri voted yes. Mr. Dvorak said he was voting the same way he had in the past. Mr. Spidalieri made a statement to praise Mr. Morgan for his work over the years. He said this was an unfortunate situation and he apologized to Mr. Morgan and his family. He said that Mr. Morgan had absorbed “...a tremendous amount of pressure,” which he said he considered unfair. He said that Mr. Morgan’s knowledge will be sorely missed.
Mr. Morgan said that he was “...truly saying thank you because it took a huge load off his back.” He stepped down and joined the public.
There was an outcry from some individuals in the assembled crowd in support of Mr. Morgan.
Mrs. Burhenne was appointed Assistant County Administrator and Acting County Administrator. Mrs. Burhenne stepped up to sit at the Commissioner’s table. Observer Note: There was no further discussion of how a new County Administrator would be selected at this meeting, but, at the next BOCC meeting on January 14, 2025, there was some discussion on this matter, as will be reported in that observer report when available.
Christine Blair was appointed Clerk to the Commissioners.
The following appointments were made with no discussion:
Position Appointments
Director, Department on Aging Jessica Boalt
Director, Community and Economic Development Gina Hofstetter
Chief Building Enforcement Official Dan Spada
Director, Department of Emergency Services Roger Petersen
Director, Job and Family Services Craig Swenson
Director, Maintenance Glen Vernick
Director, Water Resources Nicholas Gorris
Sanitary Engineer, Water Resources Nicholas Gorris
Dog Warden Matt Granito
Also appointed:
Deborah Ashburn, Acting Commissioners Clerk (only when Ms. Blair is not available)
Drainage Engineer - Andy Haupt (Engineer)
Prevailing Wage Coordinators - Nicolas Gorris and Shane Hajjar
The Board also approved authoring the County Administrator to exercise powers delegated under ORC 305.30
Credit Card users were also approved, and it was approved that the President of the Board (Mr. Dvorak) could approve credit card usage.
101.38 Min. Executive Session for the purpose of discussing the discipline of a public employee. Prior to going into Executive Session, Mr. Spidalieri asked for the name of the employee under discussion. Observer Note: This observer has never witnessed a request to put forward the name of the employee in this type of circumstance. Nevertheless, Mr. Dvorak confirmed that the employee was Matt Granito (who was not present). They were joined by Chief Deputy Sheriff Thomas Rowan, Mrs. Burhenne and Human Resource Manager Kathy Hostutler.
140.15 Min Following the Executive Session Mr. Dvorak announced that there would be no action.
Discussion /Public Comment - Mr. Dvorak asked if anyone wanted to make a comment.
Mr. Morgan thanked Mr. Lennon and Mr. Spidalieri and said they were great people to work with. He also thanked the people of Geauga County for trusting him for the last 6 years, and for the last 18 years counting his work in Water Resources.
Then a number of people commented on the “firing” of Mr. Morgan including Steven Oluic, former Water Resources Director and now President of the Geauga Mental Health and Recovery Services Board. He said he felt that, “Mr. Morgan has done far more than anyone realizes.”
One person thanked the Commissioners for the $250,000 that was allocated to the dog shelter at the last meeting. Observer Note: This was first suggested by outgoing Commissioner Mr. Lennon and was approved by all three Commissioners. See LWVGeauga report for December 27, 2024.
A few individuals raised questions about elected officials Carolyn Brakey, James Flaiz (Prosecutor) and Charles Walder (Auditor). See the video for those remarks.
There were several comments questioning why Mr. Morgan was let go.
Item of Discussion - Videotaping meetings of the County Commissioners
There was discussion of different options for recording BOCC meetings. Mrs. Brakey mentioned three options - Youtube, Teams and using the system installed in the meeting room (but never used). Mrs. Brakey said that her preference would be Youtube since no one needs to have a link to access the recording.
Mrs. Brakey made a motion to have ADP livestream meetings and post recordings via Youtube. This motion passed unanimously.
Mr. Spidalieri asked about the retention schedule for recordings. Ms. Burhenne said that she would check with ADP and get back to them.
Presentation to Mr. Lennon - The Board presented Mr. Lennon with a Certificate of Appreciation.
Meeting adjourned at 11:24 am.
More Information and Posted Minutes: Available here.
Next Regular Meeting of the BOCC: The next BOCC meeting after this one was January 14, 2025 at 9:30 am. Following that meeting there will be a regular meeting on Thursday, January 23 (change to day due to the Martin Luther King Holiday on Monday January 20) at 9:30 am.
Observer: Gail Roussey
Editor: Anne Ondrey
Reviewer: Sarah McGlone
Date Submitted: January 14, 2025
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