Board of County Commissioners - September 19, 2023
Meeting Details: The Board of County Commissioners (BOCC) met at 9:30 AM on September 19, 2023 at the County Administration building, 12611 Ravenwood Drive, Room 8303, 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 Comment: At the July 11, 2023 meeting, it was noted that the public had difficulty hearing the discussions between Mr. Morgan, Ms. Blair, and the Commissioners. At the time it was stated that microphones would be installed. This issue remains unresolved with no working microphones for the Commissioners, Ms. Blair and Mr. Morgan.
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 and there was no invitation for public comment.
Pledge of Allegiance was recited and a prayer was offered by Commissioner James Dvorak.
Attendance: Present were Commissioners Ralph Spidalieri, Mr. Dvorak, and Timothy Lennon. Also present were Commissioners' Clerk Christine Blair, County Administrator Gerald Morgan, and Finance Manager Adrian Gorton.
County Representatives: Kathleen Miller, Fiscal Specialist, Water Resources; Linda Burhenne, Assistant County Administrator; Kelly Bidlack, Human Resource Specialist, Shane Hajjar, Deputy Design/Planning Engineer, Engineer’s Department; Debbi Dudek, Court of Common Pleas; Richard Blamer, Geauga County Airport Manager, and Kathy Hostutler, Benefits Specialist.
Others in Attendance: Reporter from the Geauga Maple Leaf; Carolyn Brakey, Board President, Geauga Public Health Department; Adam Litke, Geauga Public Health Administrator; Tom and Diane Jones, several other members of the public and this observer.
County Administrator Report: Mr. Morgan reported on the following actions taken by him pursuant to authority granted to him by the Commissioners:
-
Agreed to require a hearing for a liquor license for Victoria's Craft Bakery. LLC, in Chesterland
-
Approved a leave of absence in the Maintenance Department.
Minutes: Minutes were approved for August 8, 2023. At publication, minutes were posted on the BOCC website through June 27, 2023. Reviewer Comment: Weekly LWVG Observer Reports for BOCC are available online through September 12, 2023 for informational purposes but are not substitutes for approved BOCC minutes.
Financial Report: Mr. Gorton presented the financial report, which was approved and included the following:
-
Supplemental in the Sheriff’s Rotary Concealed and 911 Fund to cover 5% raises granted through collective bargaining.
-
Supplemental in the General Fund for Sheriff’s requested equipment replacement of six patrol vehicles, batteries and other expenses for taser equipment, and replacement lockers and bunk beds in the Safety Center. These were requested for the 2024 Budget but not funded. Observer Note: This was requested for the 2024 budget in the amount of $840,000.
Observer Note: Several of the items above were taken out of the 2024 Budget (see LWVGauga Report for June 22, 2023). After the Budget Commission hearing, the BOCC increased revenue for 2023 by $3million and therefore there are now funds available for these items should the BOCC choose to fund them. Several items were approved at this meeting, but there were additional items that had been removed, and not yet approved. Comparing what was removed and what has been funded, it appears that the following are still not funded: $100,000 for the Maintenance Department for personnel related expenses and $355,000 for new tractors and vehicles for the Maintenance Department and a new vehicle for the Board of Elections as well as an inspection vehicle for the Building Department.
-
Cash Transfer from the Commissioners to Community Development for the 2nd quarter of 2023 and 3rd quarter operational funding equipment.
-
Cash transfer to Court technology for funding for Court technology for new JWorks case management system (Observer Note: This was listed (but not funded) in the 2024 Budget for $260,000).
-
Transfer to the Sheriff’s Dept. to add another channel to the 800 Megahertz (MHz) radios. (Observer Note: This item also was submitted for the 2024 budget by the Sheriff’s Department but removed from that budget. The amount of the prior request was $450,000).
-
2024 projects requested by ADP in 2024 budget - Gateway, EMC Helex software management, Cloud Storage, water leak detection system, a vehicle, and other items.
-
Travel - Common Pleas Court and JFS (Job and Family Service).
Vouchers:
-
$23,727.13 from the Commissioners Office to Geauga County Agricultural Society for a settlement check from CORSA (County Risk Sharing Authority)
-
$92,724.13 from the Commissioners Office to Sheriff to reimburse for asset forfeiture funds that had been deposited in the County’s General Fund.
Revenue De-Certification from Transit as they will no longer be receiving revenue in 2023. This De-Certification occurred because Geauga Transit has merged with Laketran. Observer Note: As stated in prior reports, Geauga Transit still serves Geauga residents, but payroll and all financial functions are now being done by Laketran.
Geauga Transit - The Commissioners’ Office approved authorizing County Administrator, Gerard Morgan, to execute any and all documents necessary to petition the Court for a transfer of the unexpended balance of funds from the Transportation Administration Fund (#2035) and/or the Transportation Capital Fund (#4027) to the Geauga County General Fund. Mr. Morgan said this would include $240,000 and will repay the cash advance from the Commissioners to Geauga Transit that was discussed at several prior BOCC meetings.
Geauga County Airport - Received approval to execute and submit the Application to the Ohio Department of Transportation, Office of Aviation for the FY24 Ohio Airport Grant Program, requesting funds for the five percent (5%) match of the FAA Airport Improvement Program Grant #3-39-0054-027-2023 to construct a Parallel Taxiway including pavement and LED Lighting Phase ½ Design in the amount of $9,075.00.
There was a brief discussion of a program held at the Geauga County Airport in which 130 kids received free rides. They welcomed a total of 378 people.
The Common Pleas Court / Adult Probation Department received approval to execute the Addendum to Community-Based Corrections Subsidy Grant Agreement for the Ohio Department of Rehabilitation and Correction Subsidy Grants for an increase of funds to the Community-Based Corrections Programs, Non-Residential Felony Programs for FY24/25 for the period July 1, 2023 through June 30, 2025 in the amount of $11,274.00 with no local match, for a revised total award amount of $246,204.00. Ms. Dudek said that this has been the first year when there has been an increase in the award in 20 years.
The County Engineer’s Office received approval to execute Change Order #1 and Final decreasing the Contract with Karvo Companies, Inc., for the Asphalt Resurfacing of Fairmount Road (CH-0016, Sections A-B) in Russell Township in the amount of $37,192.20. Mr. Hajjer, Deputy Design/Planning Engineer, stated that it has been a good year and there will be a few more instances like this where the project ended up costing less than anticipated.
The Department of Water Resources received approval to execute the Contract Maintenance Form #1 increasing the service Contract Agreement with Buckeye Power Sales for General Services and Repairs at various locations within the department in the amount of $10,000.00 for a new contract with a not to exceed amount of $40,000.00. This is for generator repairs.
Donley’s Independence - The Commissioner’s Office received approval to execute Change Order #20 increasing the Contract with Donley’s Independence, LLC, for the Guaranteed Maximum Price, Phase #1 and Phase #2 for additional installations in the Job and Family Services visitation rooms not covered in the original contract in the amount of $25,928.00. Mr. Morgan said that the change is to include audio in the visitation rooms. Mr. Morgan said this should have been included in the original design.
Wellness Program - The Commissioners’ Office received approval for the County Employee Benefits Consortium of Ohio Member 2023-2024 Wellness Program, CEBCO Rewards 200, partnered with Anthem, for Geauga County Employee Health and Wellness for the period August 15, 2023 through August 14, 2024.
Executive Session: At 9:48 The Commissioners went into Executive Session for the purpose of considering the purchase of property for public purposes and the sale of property at competitive bidding, pursuant to O.R.C. 121.22 (G)(2). They were joined by Mr. Morgan and Ms. Burhenne. They returned at 10:48. There was no action and no update at this time.
Not on Agenda:
Cooperative Agreement with Blanchard Valley Port Authority and Vision Development. Mr. Morgan brought forward a resolution for this Cooperative Agreement. There were no representatives from Blanchard Valley Port Authority or Vision Development. At the BOCC meeting on September 12th, representatives from Blanchard Valley Port Authority and Vision Development presented a Cooperative Agreement to the Board. See LWVGeauga report for this meeting.
The Commissioner voted unanimously not to approve the Cooperative Agreement.
Rescheduled Meeting - Denton Center Meeting (scheduled for Thursday) was postponed.
Judge Timothy Grendell Request for Counsel - Mr. Morgan presented the request by Judge Grendell for outside counsel in a newly filed court action of Walder v. Grendell in the Ohio Supreme Court. This originated with a Probate case and involved the Auditor’s office. Mr. Morgan stated that Mr. Walder had obtained outside counsel on September 1st.
Observer Note: There is a Court Order from Judge David Ondrey, dated September 1, 2023, granted through the request of Prosecutor Jim Flaiz, for the appointment of outside counsel for Mr. Walder and Deputies and employees in the Auditor’s Office in matters regarding this Probate Estate case.
Mr. Lennon expressed surprise since this happened September 1st and “ we’re just finding out about it.” He was upset that there had not been a request before the Commissioners for a joint application for outside counsel.
Prosecutor Flaiz had recently made an application to the Court for the appointment of outside counsel for Judge Grendell. Mr. Morgan said this should also have been a joint application according to Ohio Revised Code. This request to the Court was still pending on September 19th, but was expected to be approved.
The Commissioners then voted unanimously to approve the appointment of Mr. Stephen Funk at the rate of $300/hour pending Court approval and a contract. Mr. Morgan said there would not be a cap on the amount of money since this would be a court-appointed matter.
Mr. Lennon said that this request (by Judge Grendell) was being done properly, with the rate set at a public session. He stated that because there was no application for the attorney for Auditor Walder through the Commissioners that “we might not be able to approve the bill.” Mr. Morgan agreed that they might not have authority to approve it. Mr. Lennon also said that this attorney has been representing the Auditor for 20 days at this point.
Mr. Dvorak asked if Judge Grendell had filed a Writ of Mandamus. Mr. Morgan then said that part of the issue was that the Probate Court had subpoenaed Kate Jacobs (Chief Compliance Officer in the Auditor’s Office) and that is why outside counsel was appointed. Observer Note: The lawsuit was filed by Mr. Walder and is available through a public records request; it argues that Judge Grendell has no authority to compel Ms. Jacobs through a subpoena.
Mr. Lennon gave his opinion that this should have been resolved with a phone call.
More Information and Posted Minutes: Available here
Next Meeting: Tuesday, September 26, 2023 at 9:30 am.
Observer: Gail Roussey
Editor: Anne Ondrey
Reviewer: Sarah McGlone
Date Submitted: 9/26/ 2023
The League of Women Voters Geauga is a 501(c)(3) nonpartisan political organization that encourages informed and active participation in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy. They do not support or oppose individual candidates or parties. Learn more about the LWVG at www.lwvgeauga.org.