MINUTES OF DEFIANCE COUNTY COMMISSIONERS MEETING

THURSDAY, MAY 25, 2006

 

The Board of Defiance County Commissioners met in regular session on Thursday, May 25, 2006, at 8:30 a.m., in the Conference Room of the Defiance County Commissioners, 500 Court Street, Defiance, OH.  Present were:  Commissioners Thomas L. Kime, Richard L. Cromwell and Otto L. Nicely.  Also in attendance:  Becky Wagner, County Administrator, Lyla Gurwell, Clerk and Joanne Goerlitz, Deputy Clerk.

 

8:30 a.m.      General Session

 

Presented Travel Requests for approval:

 

1)    Sandra Schappert, Children Services traveling to Findlay, OH for the Toledo District Meeting on June 2, 2006.  The cost is $32.00.

2)    Sandra Schappert, Children Services traveling to Findlay, OH for the Toledo District Meeting on June 13, 2006.  The cost is $45.00.

 

Presented the following for approval:

 

1)    Presented the Certificate of Occupancy for the Defiance County East Maintenance Building – I gave the original to Ron Cereghin.

2)    Presented the “Cover letter” from Marsha Kolb of Maumee Valley Planning regarding the Defiance County – FY 2005 Community Development Block Grant – Economic Development Program - Environmental Review Record for First Federal Bank of the Midwest that requires Commissioner Kime’s signature.

3)    Presented the Change Order #1 for Breininger Road Bridge in the amount of ($6,380.82) credit signed by R.G. Zachrich Construction and Warren Schlatter, Defiance County Engineer.

4)    Presented the check from R & L Enterprises deposited on May 22, 2006 in the amount of $106,485.76.

5)    Presented the voucher for the R & L Industrial Park project for Underground Utilities Pay Estimate No. 4 in the amount of $99,970.40 – the balance of $89,169.98 is being paid from the load funds.

6)    Presented the voucher for Bryan Engineering and Surveying in the Amount of $6,515.36 for the Enterprise Industrial Park project. 

7)    Presented the voucher from MV Planning for $43.90 – reimbursement for Standridge Expense – revolving Loan Fund.  The contract estimate was dated April 19, 2006.  Monies were deposited May 19, 2006 to pay invoice.

8)    Presented the Payment and Status of Funds report – revised draw 220 for FY 05 Formula Grant Activity 4 – Water & Sewer Facilities (facilities of Hicksville) - $20,000.00 and Activity 6 – General Administration - $3,600.00.

9)    Presented the Airport Insurance Application which requires Commissioner Kime’s signature.

10) Presented the resolution to accept recommendations for RFQ’s for the Elliott Road Water & Sewer Extension Project.

11) Presented the amended resolution to approve Fiscal Year 2006 Special Funds Budget Appropriations – The State Auditors wanted a section of the ORC §5705.38 (C) written into the body of the resolution. “Ohio Revised Code §5705.38 ( C ) requires the following minimum level of budgetary control for subdivisions other than schools: “appropriation measures shall be classified so as to set forth separately the amounts appropriated for each office, department, and division, and within each, the amount appropriated for personal services”.  Commissioner Nicely stated we need clarification if we need to do this for each department.  Commissioner Kime stated he did not know what the amount appropriated for personal services means.  At 8:45 a.m. Linda Maag, State Auditor, joined in the discussion.  Linda explained that the budget has to be passed at that level or the Commissioners are in violation of the Ohio Revised Code.  Commissioner Kime asked what level.  Linda responded that the Commissioners must set the budget at the level of each department.  It has to at least be split out by department and payroll and then all other.  Linda stated she would be happy with each department head.  Linda also noted that personal services is considered payroll.  This will be passed once each year when the Commissioners pass their annual appropriations.

12)  Presented the resolution to approve the update to the Defiance County Community Housing Improvement Strategy (CHIS) which was discussed on Monday, May 22, 2006 during session.

13)  Presented the resolution for Transfer of Funds #36 – Defiance County Wastewater Operations - $100,226.73 for your review and approval.

14)  Presented the Transfer of Funds #37 for Defiance County Ditch Maintenance - $34,000.00 total transfer for your review and approval.

15)  Presented the resolution for the “Then & Now” Certificate for your review and approval.

16)  Presented the Amended Certificate for your review and approval.

17)  Presented the WIA Vouchers from Mary Ritter for your review and approval

18) Presented a voucher from Maumee Valley Planning in the amount of $7,125.00 for the Fiscal Year 04 Home CHIP Program written to MRI Construction for the rehab on the Nelson home at 311 East Cornelia Street, Hicksville, OH.

19)  Presented the Minutes of May 22, 2006 for approval of the Board.

 

The following Resolutions were presented and approved:

 

Ø     JOURNAL #137 – RESOLUTION #06-05-310 – Approve Fiscal Year 2006 Special Funds Budget – Amended from January 12, 2006 Commissioner Nicely made the motion and Commissioner Cromwell seconded the motion.  The vote carried unanimously.

 

Ø     JOURNAL #137 – RESOLUTION #06-05-311 – Accept  Recommendations For Request for Qualifications For the Elliott Road Water And Sewer Extension Commissioner Cromwell made the motion and Commissioner Nicely seconded the motion.  The vote carried unanimously.

 

Ø     JOURNAL #137 – RESOLUTION #06-05-312 – Approval of the Update to The Defiance County Community Housing Improvement Strategy (CHIS) Commissioner Cromwell made the motion and Commissioner Nicely seconded the motion.  The vote carried unanimously.

 

Ø     JOURNAL #137 – RESOLUTION #06-05-313 – Transfer of Funds #36 – Defiance County Wastewater Operations - $100,226.73 Commissioner Cromwell made the motion and Commissioner Nicely seconded the motion.  The vote carried unanimously.

 

Ø     JOURNAL #137 – RESOLUTION #06-05-314 – Transfer of Funds #37 – Defiance County Ditch Maintenance Commissioner Nicely made the motion and Commissioner Cromwell seconded the motion.  The vote carried unanimously.

 

Ø     JOURNAL #137 – RESOLUTION #06-05-315 – Authorizing a “Then & Now” Certificate Commissioner Cromwell made the motion and Commissioner Nicely seconded the motion.  The vote carried unanimously.

 

Ø     JOURNAL #137 – RESOLUTION #06-05-316 – Amended Certificate #5 - $525,133.24 Commissioner Cromwell made the motion and Commissioner Nicely seconded the motion.  The vote carried unanimously.

 

Ø     JOURNAL #137 – RESOLUTION #06-05-317 – Approve Defiance County Emergency Operations Plan – Basic Plan– Commissioner Nicely made the motion and Commissioner Cromwell seconded the motion.  The vote carried unanimously. 

 

Ø     JOURNAL #137 – RESOLUTION #06-05-318 – Payment of Vouchers– Commissioner Nicely made the motion and Commissioner Cromwell seconded the motion.  The vote carried unanimously.

 

Ø     JOURNAL #137 – RESOLUTION #06-05-319 – Authorize Becky Wagner – Operations Manager/ Administrator to sign documents over $5,000 if first approved by the Board of Commissioners (Amended from May 22, 2006 – Commissioner Nicely made the motion and Commissioner Cromwell seconded the motion.  The motion carried with two votes – Commissioner Kime voted No.  Commissioner Cromwell stated that the Commissioners will still be signing the contracts and this Resolution is mainly for emergencies to get the program started. 

 

The minutes from May 22, 2006 were approved.

 

The Commissioners received a letter from Tina Engle addressed to Mr. Hubbard.  Ms. Engle stated that Defiance pool owners are upset because their sewer charges are based upon their total water consumption.   The Clerk will attempt to get a telephone number for her so Commissioner Kime can respond to her letter.  If the Clerk cannot find a number for Ms. Engle, the Commissioners instructed the Clerk to send her a letter to contact us to address her concerns.  

 

Bruce Guilford, submitted a letter to the Commissioners informing them that his family would be willing to sell a strip of land off the farm that they own on St. Rt. 49 north of Hicksville, Ohio.  The strip of land would connect to Rt. 49 to Hicksville-Edgerton Road via the Industrial Drive in the Hicksville Industrial Park.  Commissioner Kime suggested not saying anything at this point.  Commissioner Cromwell stated at this time we’re not interested.   Commissioner Kime noted that the Commissioners do not use tax payer’s money to buy a strip of ground for the Village.   The Commissioners are not interested in purchasing the strip of land and will not be responding. 

 

The Clerk reported that John Ferland was in and asked her to inform the Board of an invoice that he paid for electrical work done at the airport by Bob Geiger out of his personal account.  The Clerk noted it was in the amount of $1,500.00.   Commissioner Kime stated that we do not know if this was approved by the Airport Board. The Commissioners instructed the Clerk to contact Mr. Ferland to obtain approval form the Airport Board and then submit to the Commissioners.

 

 

The Calendar of Events was reviewed.  Commissioner Cromwell has the radio spot for June 6th.   A Study Session will be held on Wednesday, May 31st at 8:30 a.m. to discuss liquidated damages (Defiance County East Project).   Russ Herman, Assistant Prosecutor, will also be scheduled to attend this meeting.

 

The Clerk presented to the Board a letter from Linda Parra, Linda Parra Productions, LLC, regarding a television show.   The Commissioners are not in the business of helping people advertise and will not be responding to the letter.

 

The Commissioners discussed people working at the Thrift Shop using the Defiance County East Complex parking lot to park their vehicles.  After discussion, the Commissioners instructed Becky Wagner, County Administrator, to call the Thrift Shop advising them because of liability and other issues  they need to put in writing that they want to utilize the parking lot.  The Commissioners also discussed having them sign a liability waiver.   Becky will look into this.

 

The Commissioners discussed the cost of transporting for autopsies.  Commissioner Nicely noted that Williams County transports for $100 round trip.  The Commissioners instructed Becky Wagner to contact Fox Transport Services for information on transporting for autopsies. 

 

9:30 a.m.      Marlene Goodwin, County Auditor stopped in to inform the Board that an advisement was in the Defiance Crescent News – Citizens Helping Citizens will hold a meeting on May 25, 3006 at 7:00 p.m. at Highland Township Firehouse to discuss Petition on Property Taxes in Defiance County.  Marlene asked the Board if she should attend.  The Commissioners stated it was up to her if she wanted to attend or not. 

 

9:32 a.m.      Recess

 

9:42 a.m.      Becky Wagner, County Administrator, submitted the following report:

 

1.               Dennis Miller has been trying to contact ODNR regarding the approval of the plan for the canoe launch site on West High.  The person that he needs to talk to has not been available, but Dennis said he would continue to call and will let me know as soon as he hears.  Commissioner Nicely asked if we have an extension on the Grant.  Becky noted that the grant does not expire until December 2006.

 

2.               I talked to Jerry Overmier about the power-point presentation on the courthouse.  He is close to having it completed and is going to copy it off onto disk and get it down to us.  He is scheduled in for Thursday June 1st to have us view his presentation.

 

3.               Does anyone wish to attend the pandemic flu forum on June 14th?  (Information attached to report)  Commissioner Cromwell and Commissioner Kime will not be attending.  Commissioner Nicely may attend.

 

4.               Jeff Ankney has submitted the layout for the wetland mitigation area.  Is it okay for Jeff to proceed?  (Sample of the signage was attached)  The Commissioners agreed for Jeff to proceed. 

 

5.               Attached is the agenda and information from the FCFC steering committee meeting. (Attached)

 

6.               Ron Cereghin is requesting a new overhead door.  He has obtained 3 quotes as attached.  (Quotes were attached)  Ron was present for this discussion.  Ron is requesting a new overhead door at the maintenance building closest to the ravine.  The overhead door is used a lot in getting mowers in and out of the building.  The bottom track is broken and the bottom panel is rusted.  There also is no seal left at the bottom.  The quotes are as follows for a new Wayne Dalton Commercial Overhead Door.  Dilly Door - $1,144.00; Door Work - $1,180.00; Northwood Door - $765.00.  There will be an extra cost for installation approximately $300 - $350.  After discussion, the Commissioners agreed to purchase a new overhead door and authorized Ron to purchase the overhead door from Northwood Door in the amount of $765.00.  The door from Northwood Door is rated a commercial door and is vinyl coated.   

 

7.               I met with Rhonda Casler to try to schedule a time to view the document management system at the Defiance Clinic.  She is contacting Mr. Kerrie Knuth to setup that meeting.

 

8.               We had previously discussed the fact that the senior center was not being charged for the insurance on their fleet insurance.  Do you want us to just start billing them for this year?  The Commissioners agreed to start billing the Senior Center July 1, 2006.  Becky will contact Tina Hiler and inform her of this.

 

9.                  Discussion on the DCE walking trail.  Ron Cereghin was present for this discussion.  Ron received two (2) estimates on the walking trail as follows:  Sines Excavating, LLC – (# 8 stone - 6 ft. wide trail and rolling trails) $5,827.00; Sines Excavating, LLC (grindings – 6 ft. wide trail and rolling tails) $4,516.00.  Commissioner Cromwell asked Ron if he would use the grindings to put the base down and then put a small amount of stone on top.  Ron suggested to put the grindings down first and see what it looks like and if not uniform and smooth enough can put a light topping of stone on top of the grindings.  Commissioner Cromwell does not know which is the best way to go. Becky noted that Bruce Clevenger suggested putting fabric down.  Putting fabric down would be expensive.  Ron stated the fabric doesn’t stop the growth but keeps the stone from going into the mud.  Commissioner Kime stated that once somebody kicks the stone up the matting will show.  Commissioner Nicely is not in favor of having matting.   Commissioner Cromwell is in favor of putting the grinders down and then putting stone on top of it.  Commissioner Kime asked how high up in the air you want it to sit.  There will be a mound and it doesn’t matter how much rolling is done it will not stay there year after year when it freezes and thaws.  Commissioner Kime also stated your talking twice as much maintenance over the years and he is more concerned about the look and not damaging the campus concept of the nature trail.  Commissioner Kime would like to put something in once and do it right so it will last 20 to 30 years.  Commissioner Kime would rather commit to the money now and do it the best possible way and be done with it and not have to have the maintenance people spend 4 to 6 hours every week trying to weed and mow around.  Commissioner Nicely asked if there is a better scenario.  Commissioner Kime responded that he voiced his opinion and he personally feels that a 6 ft. walking trail will look terrible.  This is a nature trail and should be dug out 2 inches, put a weed mat down on the bottom and put 2 inches of stone on it and then all Ron has to do is keep the stone inside the barriers and mow across the top, trim the edge and be done.  It will look great and will stay there twice as long.  If we put it on top of the ground we will have continuance maintenance.  Commissioner Cromwell initially thought the best way to put the trail in was to take the turf off and then make the bed and put stone in.  Commissioner Kime stated that taking the sod off will drain better and not hold water.  Commissioner Cromwell stated it would be better if you take the turf off and put stone on tip of it.  Commissioner Crowell stated he doesn’t think Commissioner Kime’s opinion is right and noted that a 6 ft. wide trail is not that wide of a trail.  If you try and walk 2 people side by side on a 4 ft. trail they will not be able to walk side by side.  Commissioner Kime responded that he didn’t care if they do.  Commissioner Cromwell asked if he wanted the walkers to walk single file and the only place  he knows of that is less than 6 ft. is between Independence Dam and Florida and is not near as nice and people enjoy walking side by side.  They do not enjoy single file and Commissioner Cromwell doesn’t feel that 6 ft. will destroy the campus and will look like a normal size trail.  Commissioner Kime stated that Commissioner Cromwell has his opinion and he has his and to vote on it and stated Commissioner Cromwell thinks he’s right and Commissioner Kime thinks he wrong.  Commissioner Nicely stated he is in favor of a 6 ft. trail so people can walk side by side.  Commissioner Cromwell stated that he wants this done right and maybe we’re rushing this too fast and should take a little more time and do a little more checking and see if we have to take out the turf.  It would make a better trail to take the turf off, lay the fabric down, and put #8/10 stone down.  Commissioner Kime stated that it will cost more money to prepare for the stone.  Commissioner Kime didn’t see why Maintenance couldn’t rent a tiller and till up between the flags and have someone come in with a bobcat or get volunteers with shovels and get it out of there.  Becky noted that Ed Bohn is going to talk to the other firemen and see if they would be willing to volunteer their time to help make this trail happen.  Becky also noted that Ron is getting costs on demolishing the building out there.  Commissioner Kime asked Commissioner Nicely what he wanted to do and stated he didn’t want to do anything and is out of it.  Commissioner Kime is not going to put up with taking a chance of ruining the look out there.  Commissioner Nicely stated he is in favor of a 6 ft. trail and to get a price on it and get it started.  Commissioner Cromwell was also in favor with Commissioner Nicely.  Ron asked if the Commissioners wanted a couple of inches deep to get the sod out.  Commissioner Kime stated he didn’t want to do anything and to ask the other two Commissioners want they wanted to do.  Commissioner Nicely and Commissioner Cromwell agreed to 2 inches, #9 stone and to see how much matting will cost for commercialized driveway matting to keep soil from coming up through the stone.  Becky noted that this will maintain the stone so you wouldn’t have to be constantly replacing the stone.  Commissioner Nicely suggested Ron to call the County Engineer on the matting because he uses it on bridges. 

 

10.           Executive Session – Personnel – Hiring – Family Support Specialist

 

11.           Executive Session – Personnel – Hiring – Senior Center Sub-driver

 

At 10:14 a.m. Commissioner Nicely moved to go into Executive Session to discuss hiring of personnel.   The motion was seconded by Commissioner Cromwell.  The vote carried unanimously.  At 10:16 a.m. the Executive Session ended with no decisions being made.

 

Commissioner Cromwell would like to recommend that Family and Children First make an offer for employment to the person they are recommending for the position of Family Support Specialist subject to pre-employment testing and would also recommend Tina Hiler, Senior Center Director, to make an offer for employment to the person she is recommending for the position of sub-driver subject to pre-employment testing.  Commissioner Nicely and Commissioner Kime agreed with Commissioner Cromwell. 

 

10:35 a.m.    Tim Houck, Landfill Director

 

Tim Houck came before the Board with his departmental update.  

 

Tim informed the Board that John Kemper started on summer mowing on May 3, 2006.  It has been a busy month mowing due to all the rain we had.  Tim noted he needs to hire someone for summer help due to an employee going on maternity leave.    

 

Tim submitted and reviewed his monthly reports with the Board.   Tim informed the Board that in April sold $254,321.21 of air space.  In March it was $243,519.89.  Tim noted the annual tons for the month of April were 9,609 for a year-to-date total of 36,974.  Tim also reported the annual cubic yards received for the month of April came in at 27,826.  The cubic yards total year-to-date are at 99,104.   Johns Manville monthly compaction dropped from 60% to 53%.  The leachate monthly gallon totals for April are at 41,090 as compared to the month of March at 69,840 gallons.  Tim reported the Hicksville Transfer Station collected $2,184.00 year-to-date.  At this time in 2005 income was $1,591.75. 

 

As of May 25, 2006 Eagon & Associates is submitting a compliance monitoring plan in lieu of a re-written Corrective Measures Plan to OEPA on ground water issue of the BAT.   Tim noted that we will have an initial thorough review on May 31st and is moving forward on the landfill expansion for construction to begin in the spring of 2007 and is trying to get BAT approval in 2006.  Tim expects minor adjustments to be made with the submittals. Nothing can be done on the bid plans or specifications for the leachate system until we receive BAT approval.   Tim has been notified by OPEA that they will be able to do the solid waste review of the BAT application in full detail on May 31st. 

 

Tim reported that fencing at the landfill has been replaced for litter control and all litter due to high winds has been cleaned up.

 

Tim noted he sent the Nickerson’s a contract to acquire control of their well.  Tim offered the Nickerson’s $5,000 to do this but last week Tim received a call from the Nickerson’s attorney to negotiate with the County.  If the Nickerson’s do not agree with this Tim would need to back the line up 10 ft. and which means there would be another submittal to OEPA.  This needs to be resolved in the next couple of weeks because OEPA will not make a determination on the BAT if the ground water issue is not under control.

 

Final cover for 2006 is five acres on the north slope Phase II.  It was under filled and now recapturing it and expect to pick up approximately 6 additional days of life in this area. 

 

Tim reported that the extra air space they found will bring them close to three (3) more months at $240,000 per month which will pay for the BAT expansion.

 

The next Solid Waste District meeting is scheduled for June 24, 2006 @ 1:30 p.m. in Defiance County.

 

11:20 a.m.    Rich Cromwell left session for the day.

 

12:20 a.m.    Recess

 

11:30 a.m.    Morris Murray, Director of Defiance County Child Support Enforcement Agency

 

Morris Murray submitted an updated space report from Maximus for the CSEA space on the second floor and computer room space on the first floor of the County Office Building.  After reviewing the work papers of Don Mixer and Ed McCreight dating back to 1997 Morris sees that some of the capital costs have been depreciated at various years.  Next year, the costs will depreciate at ten years and will drop out of the square foot rental rate.  The four cost components that are used to arrive at the monthly rate are building capital charge, property insurance, building maintenance and interest on the bond.  The monthly costs are $5,739.08 and the annual charge is $68,869.  The rate per square foot is $16.87.    After discussion, the Commissioners agreed to approve the agreement.  Commissioner Nicely moved to approve the Defiance County Department of Child Support Rental Update Agreement Detail.  The motion was seconded by Commissioner Kime.  The vote carried unanimously.  Commissioner Cromwell was absent.

 

Morris also discussed the IV-D Service Contract.  Federal financial participation is available for the reimbursement of allowable IV-D activities in IV-D cases being administered by CSEA.  This contract will enable CSEA to contract with other contractors to establish a plan for the effective enforcement of child support.  The concept is that he would move all criminal non-support cases that they have into the supervision of the probation office and would like to hire someone to do it.   Judge Schmenk would make the decision who to hire and the employee would be working for Judge Schmenk.  We are paying the court to run this program. The salary would be $15.00 for a 35/hr. week.   The total program expense is $54,343.53.   After discussion, the Commissioners agreed to approve the IV-D Contract.  Commissioner Nicely moved to approve the IV-D Contract.  The motion was seconded by Commissioner Kime.  The vote carried unanimously.  Commissioner Cromwell was absent. 

 

Morris also discussed the water cooler agreement with Dolphin Capital.  Morris is requesting approval to enter into the agreement to lower their monthly rate from $50.00 to $35.00 for the next five (5) years.  Their existing water cooler will be replaced with a new water cooler.  The new cooler will include the latest technology in water purification.  Commissioner Kime and Commissioner Nicely authorized Morris to sign the water cooler agreement with Dolphin Capital.

 

12:03 p.m.    There being no further business to come before the Board the meeting was adjourned.

 

1:00 p.m.      The Commissioners attended the Planning Commission meeting.

 

 

 

 

 

Thomas L. Kime                              Richard L. Cromwell                               Otto L. Nicely

 

 

Attest: _____________________________

            Lyla Gurwell, Clerk

 

Minutes typed by Lyla Gurwell, Clerk, and Joanne Goerlitz, Deputy Clerk