Board of County Commissioners - January 30, 2024
Meeting Details: The Board of County Commissioners (BOCC) met at 9:30 AM on Tuesday, January 30, 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.
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.
The Pledge of Allegiance was recited, and a prayer was offered by Mr. Dvorak
Attendance: Present were Commissioners James Dvorak, Ralph Spidalieri and Timothy Lennon. Also present were County Administrator Gerald Morgan, Finance Manager Adrian Gorton, and Commissioners' Clerk Christine Blair.
County Representatives: Assistant County Administrator Linda Burhenne, Department of Aging Director Jessica Boalt, Superintendent Board of Developmental Disabilities Don Rice, Planning Commission Director Linda Crombie, and Maintenance Director Glen Vernick.
Others in Attendance: Carolyn Brakey, Board President, Geauga Public Health; Adam Litke, Administrator, Geauga Public Health; James Flaiz, Prosecutor; Craig Swenson, Director, Job and Family Services; Nick Gorris, Director, Water Resources; Representatives from University Hospitals; Reporters from the Chagrin Valley Times and Geauga County Maple Leaf, Tom and Diane Jones, other members of the public and this observer.
Administrator’s Report
Mr. Morgan reported on actions he had taken in the prior week that had been authorized by ORC and the Commissioners:
Minutes: There were no meeting minutes submitted for approval. Observer Comment: Weekly LWVG Observer Reports for BOCC are available online through January 30, 2024 for informational purposes but are not substitutes for approved BOCC minutes. BOCC minutes are posted through September 26, 2023.
Financial Report: Mr. Gorton received approval for the following:
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Supplemental from the Commissioners’ Office in the Transportation Capital Fund Transfer Out Account to prepare to close out that fund and transfer the remaining money back to operating funds.
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Supplemental from the Commissioners’ Office to the Senior Center Construction Fund Land Purchase and Other Expenses accounts to prepare for upcoming encumbrances.
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Cash Transfer from General Fund to Community Development, Metzenbaum and Board of Elections for 4th quarter 2023 interest transfer.
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Travel requests for Commissioners’ Office, Common Pleas Court, Engineer’s Office, Job and Family Services and Treasurer's Office.
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Vouchers:
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$46,488.08 from Engineer’s Office to Morton Salt Inc for road salt.
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$50,000.00 from Maintenance to the Postal Service for the county's postage machine.
The Commissioners’ Office received approval for the following:
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Encumbrance and expenditure to the Geauga County Agricultural Society for the Year 2023 in the amount of $1,278.59, which is the total oil/gas well revenue received by the County through December 31, 2023 from a well located on the Geauga County Fairgrounds property.
Addition to Agenda:
The Board of Developmental Disabilities Superintendent Don Rice spoke to the Commissioners.
Mr. Rice stated that he was present to discuss the fact that “the Auditor has determined that we are taxable now at Metzenbaum Center.” He discussed the history of the property, which is managed by the Board of Developmental Disabilities (Board of DD). Mr. Rice said that they were required by the State of Ohio to move people out of housing on their property into the community and that there were empty spaces on the property as a result of this. He said there had been 40 residents in four houses around 2012, but the State reduced this to a maximum of 16 residents. That left two houses unused, and Mr. Rice stated that they offered these houses to other departments in the county. No one was interested, so, at that point, they had a conversation with Emerald Woods, a non-profit. Reviewer Note: Although Mr. Rice refers to the leasing agent as Emerald Woods, the actual lease is in the name of Emerald Rose. Their website is not active, and little information could be found about this entity. The owner is Joy Black, and she attended this BOCC meeting. Ms. Black also owns/operates two other facilities.
In 2019, the Board of DD leased one of these houses to Emerald Woods (aka (also known as) Emerald Rose). Mr. Rice referred to a meeting with Chester Township Trustees in September 2023 in which the fiscal officer of Chester Township stated that Emerald Rose was not exempt from taxes. Chester Township also objected to the use of the property for housing individuals with mental health diagnoses. In 1965, the property had been given to the Board of DD by the Metzenbaum Foundation, with a deed restriction that the property be used for DD purposes. Chester Township said that the referenced deed restrictions limit use of the property to support individuals with developmental disabilities. The Metzenbaum Foundation is disbanded, and there are no surviving heirs. The status of the deed restrictions was questioned by Mr. Rice.
Mr. Lennon asked questions about this, and said that he understood the Auditor was saying that the entire property is subject to tax. Mr. Rice said he didn’t know whether or not this was accurate, but he saw a tax bill of over $700,000.
During this discussion, there were questions asked about why the entire property was being billed and not just the portion used by Emerald Rose. Reviewer Note: See the Reviewer Note below for information about this question.
Mr. Rice also said that he was not contacted by the Auditor. Mr. Rice said he heard about the tax bill, “...from you guys and looked it up online.” Mr. Rice said that the tax was $771,000.00, which includes penalties. He stated that he had not had any discussion with the Auditor about the tax situation. Mr. Rice said he thought it would be appealed to the Tax Board. He further said that it is common for County Boards of DD to lease their spaces. Mr. Spidalieri stated that homes around the County like this (being run by a non-profit) are not being taxed.
It was unclear if the Prosecutor’s office had signed off on the lease with Emerald Rose (aka Emerald Woods).
Reviewer Note: As a result of a public record request to the Auditor, the League of Women Voters Geauga has learned the following:
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The Board of Developmental Disabilities (Board of DD) entered into a lease with Emerald Rose, which was accepted by Resolution of the Board of DD on December 19, 2018.
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Chester Township filed a complaint with the County Auditor on September 28, 2023 to remove the tax-exempt status for the property. A copy of the complaint can be obtained through a public records request to the Geauga County Auditor.
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The County owns the property and had filed for a tax exemption in January 2023, but the Auditor found that this original request had numerous flaws. The request was for the entire property. BOCC could have requested an exemption for a portion of the property (excluding the leased house), but that was not done.
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On December 18, 2023, the Commissioners were notified that the Auditor had made the decision to withdraw the tax-exempt status for the Board of DD property. The Auditor made a decision that this property should be added back to the tax rolls due to the many inaccuracies in the Application for Exempt Status and the failure to provide certain required documentation.
At the December 28, 2023 BOCC meeting, the Commissioners voted to again apply for a tax exemption for this property. According to the requirements of ORC 5715.27F, this Application is for the tax year 2022, and no prior tax years can be considered.
On January 19, 2024, the Auditor notified the Commissioners that the Application for Exempt Status could not be considered until taxes were paid.
At the end of this discussion at the January 30, 2024 meeting, and after expressing support for the Board of DD, the Commissioners stated that they will look into the matter and see what next steps should be taken.
Reviewer Note: This matter is complex and concerns many different parties and spans 5 years. The issue of whether all or part of the property was eligible for tax-exempt status seems to have only come to light due to the complaint filed by Chester Township. It is not clear who knew about the lease with Emerald Rose, or whose duty it was to notify the Commissioners of the lease and/or notify the taxing authority for the County about the changed use of the property. There has been reporting on this matter in the Geauga Maple Leaf (especially August 31, 2023) and the Chagrin Valley Times (especially January 4, 2024 edition).
The Planning Commission received approval for the following:
Execute the Canyon Lakes Colony Subdivision, Phase 15 Plat, creating thirty-seven (37) Sublots along Crescent Ridge, a sixty-foot wide proposed public road, located in Bainbridge Township.
The Department on Aging received approval for the following:
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Creation, title and job description for the position of Chore and Home Safety Projects Coordinator
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Abolishment of the position of Special Programs Manager
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Revision of the Organization Chart to reflect the changes
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Advertisement for the position of Chore and Home Safety Projects Coordination
The Department of Job and Family Services received approval for the following:
Execute the Geauga County Family First Council Mutual Funding Agreement between the Geauga County Board of Commissioners, Geauga County Job and Family Services, Geauga County Board of Developmental Disabilities, and the Geauga County Board of Mental Health and Recovery Services for funding of the Geauga County Family First Council for the period January 1, 2024 through June 30, 2024. This agreement commits the Board of County Commissioners to providing a support payment of $42,484.00 from the General Fund.
The Maintenance Department received approval for the following:
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Contract Agreement with Vancuren Tree Services to perform tree maintenance services for county properties for a three-year period in an amount not to exceed $20,000.00.
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Contract Agreement with Harrington Electric to perform Electrical Maintenance and Services for a one-year period in an amount not to exceed $60,000.00.
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Contract Agreement with The John F. Gallagher Plumbing Company for the Geauga County Annex Building Chiller Unit Upgrade in the amount of $131,875.00. The Bid Bond submitted shall be held to serve as the Performance Bond for this project.
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The creation of and job description for the position of Full-time General Communications Clerk / Switchboard Operator. Director of Maintenance Glen Vernick stated this was just a change from part time to full time for this individual for the county switchboard.
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The reclassification of employee, to Full-time General Communications Clerk / Switchboard Operator from Part-time General Communications Clerk / Switchboard Operator.
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Revised Organizational Chart to include the position of Full-time General Communications Clerk / Switchboard Operator and to reduce the number of Part-time General Communications Clerk / Switchboard Operator positions from three to two positions.
The Department of Community and Economic Development (CED) received approval for the following:
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FY(Fiscal Year) 2023 Community Development Program, State of Ohio, Community Development Block Grant (CDBG) Program Grant Agreement for the period September 1, 2023 through October 31, 2025 in the amount of $284,000.00.
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Letter of Commitment with Prima Dolce, LLC for a Local Revolving Loan Fund Loan for the purchase of machinery and equipment for property / building to be built at 16540 Thompson Road, Thompson Township, in the amount of $150,000.00 for ten (10) years (120 months) at three percent (3%) interest. Reviewer Note: The CED administers low cost loans to businesses in the County. See BOCC website for more information.
The Commissioner’s Office received approval for the following:
Changes were suggested and approved regarding the Department of Community and Economic Development and the Department of Community and Economic Development Building. Ms. Burhenne explained that the prior arrangement was to have these two departments under an Executive Director, but that it was being recommended to go back to the prior way of reporting and have the Building portion put back under the Building Department, leaving the Community and Economic Development Department as a stand-alone department. This required approval of the following:
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There will no longer be a Department of Community and Economic Development Building, which was under Gina Hofstetter, who is also Director of the Community and Economic Development Department. This change will be effective January 30, 2024. The employees in the Community and Economic Development Building Department will become a part of the Building Department, and Gina Hofstetter will remain as Director of Community and Economic Development.
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An Organizational Chart for the revised Building Department, which will be effective January 30, 2024, was approved.
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Revised job description for the position of Chief Building Official (#1101) will be effective January 30, 2024.
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Organizational Chart for the Community and Economic Development Department will be effective January 30, 2024.
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Revised job description for the position of Director of Community and Economic Development to be effective January 30, 2024.
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Authorizing and Requesting the Geauga County Auditor’s Office to transition away from the Existing Department Codes for the Department of Development and Sub-Department Codes for the Community and Economic Development and Building Department and migrate the Building and Community and Economic Development Departments going forward to their prior department codes due to the elimination of the Department of Development Building as a Separate Department Designation during the 2024 Budget Cycle.
The Commissioners also approved the following:
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Request for Partial Payment #32 for Donley’s Independence, LLC for the Geauga County Office Building, GMP Phase #1 and Phase #2 in the amount of $12,100.00.
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Request for Partial Payment #33 for Donley’s Independence, LLC for the Geauga County Office Building, GMP Phase #1 and Phase #2 in the amount of $259,882.62.
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Request for Partial Payment #2 for Infinity Construction Company, Incorporated for the Geauga County Courthouse Expansion project in the amount of $18,529.46.
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Request for Partial Payment #3 for Infinity Construction Company, Incorporated for the Geauga County Courthouse Expansion Project in the amount of $93,835.96.
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Change Order #2 increasing the Contract with ThenDesign Architecture (TDA) for the Renovation of Existing County Buildings and Construction of New Buildings, Phase #2, for additional services related to geotechnical cores and associated reporting and additional construction testing and commissioning that was not covered in the original contract in the amount of $89,500.00.
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GMP Amendment (CM at Risk Project), State of Ohio Standard Requirements for Public Facility Construction, GMP Amendment No. 2 with Infinity Construction Company, Incorporated for the Geauga County Courthouse Expansion Project in the amount of $18,644,774.00.
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Acknowledgement of Surety (CM at Risk) State of Ohio Standard Requirements for Public Facility Construction for the Performance and Payment Bonds for Infinity Construction Company, Incorporated for CM at Risk Project - Courthouse Expansion Project, in the amount of $19,686,776.00.
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Agreement for Surveying Services with Gutoskey and Associates, Incorporated to perform an ALTA survey on the property located at 11180 Chardon Road, Chardon, Ohio in the amount of $2,700.00.
University Hospitals requested funding in the amount of $1,400,000.00 for the Phase 1 work on the water system project. Reviewer Note: At the August 8, 2023 BOCC meeting, it was announced that University Hospital Geauga was having an issue with iron in their water, and they had requested that they be permitted to tie-in to the County water system. This was approved.
At this meeting, discussion followed with Bill Rice, UH Geauga Chief Development Officer, and John Fitz, UH Geauga Medical Center Board President. They asked for funds from the money that the County received from the American Rescue Plan (ARPA) Funds. They stated that they are working with other entities and government agencies for funds as well and reported that the total cost of the project will be over $4 million. Mr. Dvorak and Mr. Lennon stated that they would like to offer some funds at some time. Mr. Lennon would like to see the plans in detail. Mr. Morgan stated that there is $1,200,000.00 left of the ARPA funds. Reviewer Note: ARPA funds have been used for various purposes, and the requests have always gone through an approval process before the BOCC. However, this was the first time that Mr. Morgan stated that there was only $1,200,000 remaining.
Item # 35 on the Agenda was withdrawn. This resolution was to cover a request by the Prosecutor’s office to waive attorney/client privilege in regards to the purchase of the Chase Building.
Executive Session: The Commissioners moved into Executive Session at 10:40 am 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). Mr. James Flaiz, Prosecutor went into the Executive session as well.
Return from Executive Session at 1:20 pm. Decisions announced were as follows:
The Commissioners have decided that it is in the best interest of the County to move the Law Library and Probation Office out of the current courthouse so that construction can begin on the Courthouse expansion. The Law Library will move to the Annex, and the Probation Department will move to the Opera House.
The Commissioners will send a letter to the owners of the Chase Building which will cancel the purchase/lease transaction. It was stated that there were numerous issues with the property. The County will also move forward by contacting other elected officials to make what room is necessary to accommodate additional employees moving into the Annex and Opera House.
Mr. Spidalieri expressed appreciation for the help from the Prosecutor's Office. Mr. Lennon said that the County may want to look into the purchase of the Chase Building again at some time in the future due to the location. Mr. Morgan was granted permission to sign the contract agreement with Weleski Movers, who will be moving the Law Library and Probation Department.
Public Comment - Ms. Diane Jones asked several questions regarding the Courthouse expansion project. Her
questions and answers are contained in that section of the report above.
More Information and Posted Minutes: Available here.
Next Regular Meeting of the BOCC: Tuesday, February 13, 2024 at 9:30 am.
Observer: Mary Heintzelman
Editor: Anne Ondrey
Reviewer: Gail Roussey
Date Submitted: 2/5/24
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