Preble County, Ohio

County Commissioners

February 17, 2010

Meeting audio and review

This meeting opens with a prayer by Preble County Commission President Bob Stonecash for the Pork Fest & Ag Society to have some common sense.  Sooo… if you are wondering if the two groups had patched things up and joined together for the good of Preble County… the answer would be “no” as of Wednesday, February 17, 2010.

There was a 9:00 a.m. meeting with Joe Kimball, Steve Unger and Katie Worthington scheduled in about the Fairground Lease Agreement.  That did not happen; Mr. Kimball was unable to get out of his driveway due to snow.  

Bob read a letter from Gray Bennett (see below) and receipt was noted by the commissioners. The Pork Fest apparently installed deadbolt locks and automatic garage doors at the Expo building and planned to lock the building on February 13, if documents listed in their February 1, letter had not yet been provided.  Commissioner Stonecash then provided a timeline of events through February 16.  At that point Katie Worthington informed about a meeting the Pork Fest had held the night of February 16. The Pork Fest, against the advice of their attorney had decided to go ahead and unlock the building now that they have all the permits and the insurance information.

The bone of contention continues to be reasonable and customary use of the building. All though the building has held tractor pulls the last few years, those events were prior to concrete being put down. Commissioner Day voiced opinion that the Pork Fest did not want dirt on the floor and that would affect more than motorized events. Dog shows, sheep shows, cattle shows and such could all be at issue.

The ongoing Woolpert study and clarification of the legal language in the lease agreement also were mentioned.

Commissioner Stonecash mentioned being done with trying to work with the two groups and mentioned finding someone else to act as a facilitator. Pat Holmes of OSU Extension was mentioned as a possibility.

They closed with a hope to get the lease agreement with the Fair Board/Agricultural Society signed on Monday, February 22. The meeting scheduled for this meeting has been rescheduled for Monday.

GENERAL FUND FINANCIAL UPDATES

Preble County Auditor Mindy Robbins was in for the General Fund update. As of February 16, 2010 Preble County had a cash balance of $890,125.82.

RECYCLING MONTHLY MEETING

 Tish Plaugher was in for the Recycling Monthly Meeting. Rumpke is raising their prices by 7% so they will be taking new bids to handle it. Special note goes to the Village of New Paris for having the recycling dumpsters pulled from the village. Reasons given were that they were being used for trash, toilets and mattresses were some of the offending items being dumped.

LANDFILL MONTHLY MEETING

Tom Barnes reported that Preble County Engineer Steve Simmons was in Florida and would not be attending the meeting. Kyle Cross – County Engineer in-waiting did attend.

The leachate was discussed and it appears the EPA has mentioned an 6 -9 month approval process because of the street crossing and environmental studies required for stream crossing along the path of what is to be a 4 inch pipe.  By boring under all of the above it s hoped the time frame can be shortened. It would be interesting to know how these problems compare to the not chosen Camden route.

There was also mention of the snow melt and an increase in the amount of leachate. Ground water monitoring was covered as an ongoing cost for corrective measures.

There was a sewer line plug that was cleared on Rt. 503 just north of the Post Office. Of concern was a piece of plastic pipe that was extracted of the same size, type and color of the sewer line.

Chris Day brought up GAAP accounting and the eventual cost to the county if the Auditor does not start using it by next year. The EPA has waived it being required this year but that was unexpected and cannot be counted on for next year.  Connie is to schedule Mindy Robbins and Tom Barnes into together as it will affect landfill expenses.

The meeting closed with Commissioner Stonecash informing on having attended a Connect Ohio Broadband meeting. Chris Day offered a long rambling view on the subject.

I think the group (Connect Ohio) missed the boat on pushing the fiber loop. The original intent was to try and make it available in areas that are not served now.  Mircowave antennas on water towers and grain bins were the original areas discussed.  Aaron French of BlueSky Wireless was originally attending these meetings in hopes of getting financing. At some point he dropped out.  I highly recommend him as a local business that may be able serve areas where cable & DSL are not an option.  Aaron can be reached at 937- 558-5678 and his company is named Blue Sky Wireless and the website provides a coverage map.

File 1

Opening

2.5 minute mark    Bob – Prayer to have Pork Fest & Ag Society have some common sense.

3.5 minute mark     Bob – announces that the  9:00 A.M. – JOE KIMBALL, STEVE UNGER & KATIE WORTHINGTON (FAIRGROUNDS LEASE AGREEMENT) has been canceled because the Fair board was unable to meet because of the weather and that Joe Kimball was unable to get out of his driveway to attend this morning's meeting.

End 4.03 minute mark on CD, 949kb

File 2

V. APPROVAL OF MINUTES

NOTE RECEIPT & CONSIDER APPROVAL BY SIGNING THE JOURNALIZATION & CONSIDER

APPROVAL OF THE CD RECORDING BOTH AS THE OFFICIAL MINUTES FOR THE FEBRUARY 10TH

REGULAR SESSION MEETING

VI. PUBLIC COMMENTS

VII. FINANCIAL CONSIDERATIONS

A. CONSIDER APPROVAL OF RES. #118-10-143

RE: AUTH. PAYMENT – VARIOUS DEPTS.

B. CONSIDER APPROVAL OF RES. #119-10-143

RE: TRANSFER OF FUNDS – GENERAL-MISC.

C. CONSIDER APPROVAL OF RES. #121-10-143

RE: MORAL OBLIGATION – VARIOUS DEPTS.

VIII. CORRESPONDENCE & REPORTS

A. NOTE RECEIPT OF A REPORT FROM THE SHERIFF’S OFFICE

RE: MONTHLY JAIL REPORT – JANUARY 2010

IX. AGREEMENTS & CONTRACTS

A. NOTE RECEIPT OF & CONSIDER APPROVAL BY SIGNING AN AGREEMENT

RE: LAB ASSESSMENT SERVICES W/ MIAMI VALLEY REGIONAL CRIME LABORATORY –

SHERIFF ($6,644.50) & PROS. ATTY. ($6,644.50)

B. NOTE RECEIPT OF AN EXECUTED AGREEMENT

RE: 2007 LPA FEDERAL LOCAL-LET PROJECT GRANT AGREEMENT W/ ODOT –

CAMDEN-COLLEGE CORNER ROAD BRIDGE REPLACEMENT

C. NOTE RECEIPT OF & CONSIDER APPROVAL BY SIGNING AN AGREEMENT

RE: REFUSE HAULING AGREEMENT W/ RUMPKE – $2,432.40 – SHERIFF

X. TRAVEL REQUESTS

NOTE RECEIPT & CONSIDER APPROVAL OF THE FOLLOWING TRAVEL REQUESTS:

A. RES. #120-10-143 – JUDGE DUES – JUVENILE CT.

End 15.5 minute mark on cd  

11.32 minutes – 2.64 MB

File 3

*** CANCELLED *** 9:00 A.M. – JOE KIMBALL, STEVE UNGER & KATIE WORTHINGTON (FAIRGROUNDS LEASE AGREEMENT)

18 minute mark     Connie – mentions February 12, 2010 letter received from Gray Bennett Attorney for the Pork Festival

18.5 minute mark     Bob – reads letter into the record.

Letter:

As you are well aware there was a meeting in the commissioners office on February 4, 2010, involving the Executive Board of the Pork Festival and the Fair Board as well as the commissioners.  It was agreed at that time that the Pork Festival would not lock the doors to the Expo Building on February 6, so as to allow the Fair Board a little additional time to produce the items and documents listed in the February 1, 2010, letter. To date the Fair board has produced no documents or items to satisfy items 1 – 6 in the February 1, 2010 letter. Consequently seven days before the first event is to occur the Fair board has neither complied with the law or the terms of the 2005 lease. In the next seven days, two are weekend days and one is a national holiday. Consequently if the Preble County Fair board is required to do anything as a result of actions taken by the Fair board so that the events may occur two working days before setup is to begin is simply not sufficient time. For the foregoing reasons the Pork Festival will be locking the doors to the Expo building on February 13, 2010.

Very truly yours,

Gray W. Bennett

20 minute mark     End of letter

Receipt of letter noted

20.5 minute mark    Bob – On February 12, (Friday) the Pork Festival had a meeting on Thursday. Rodney Mann of the Fair board attended that meeting and informed them.. So I am told that they had prepared the permits and a certificate of insurance. On Thursday it was supposed to be delivered. Now, they had gone to the city and they had got approval but they had to be typed up. On Friday they were ready; at approximately 5:00 on Friday… well let me go back… Joe Kimball picked them up at the city and I know they were ready because I went to the city and asked. So on Friday I know they were ready and mind you this was a day late. They were delivered to Early & Early's office and they were faxed to Mr. Bennett's office at approximately 5:00 on Friday. Now, I am told but I don't know for a fact that, I am told that one of Fairboard members talked to Mr. Bennett at the Eaton High School basketball game and he acknowledged the fact that they probably were coming across his fax machine when he left the office. From there it’s been kind of a stalemate; I've been on the phone with the President of the Pork Festival several times. They were aware and mind you these things were done a day late not necessarily the fault of the Fair.. Agricultural Society. Monday, we had a meeting in here and I tried to get the two groups together at their request and they agreed to do this. A phone call and the meeting was supposed to happen at 11:00, I got a phone call at 9:30 from Roy Koons – President of the Pork Festival, that they would not be in attendance because legal counsel no to be here. However in calling Mr. Kimball – President of the Agricultural Society they wanted to come in anyway. And they did Cassie and Jim Newton of the Pork Festival because they are very interested in working it out. There was two hours of good discussion, of which the Ag Society discussed their desire to work these things out as did Jim and Cassie. The certificate of insurance was presented to them as well as the copies of the permits. So the Ag Society did in fact do what was requested, however they were a day late in presenting those to the Pork Festival. The Pork Festival had a meeting last night which would have been Tuesday night (Feb. 16), however..and it was a special meeting to vote on this and I asked to be informed as to this minute I don't know how things went.

25.4 minute mark   Katie Worthington –  I do.

Bob – Ok will you fill us in?

Katie – Against their attorney's advice they have decided to go ahead and unlock the building now that they have all the permits and the insurance information.

26 minute mark   Ag Society has to get the future permits in rather quickly and not at the eleventh hour.

27 minute mark   Katie referenced the Pork Festival lease and reasonable use of Expo building.  Bone of contention is over reasonable and customary use of building.

Discussion of clarification of the clause to help fix the issue.

31.4 minute mark   Pork Festival does not want any motorized events in the Expo Building

The difference now is the concrete floor.

Chris – they don't want any dirt on the floor.  (Fear is livestock shows, dog shows and like won't be allowed to be held)

35.5 minute mark   Katie mentions the Woolpert study.

End 36 minute mark on cd  

20.30 minutes – 4.69 MB

File 4

36 minute mark   Katie – they need to make sure who ever their spokes person is, represents the views of the whole board.

Chris – they are not functioning as Boards they are acting as individuals.

37.8 minute mark   Bob – I think I am done.

38.5 minute mark   Bob mentions Pat Holmes as a facilitator

39.5 minute mark   Katie – believes that by statute the Fairboard has control 50 weeks a year and the Pork Fest two weeks a year for the festival.

40 minute mark   The Pork Festival is of the belief that, that building has not been cared for at all. That there were repairs that were need to be made that through the normal usage was a lot greater… the building looks a lot older than it should at this point in time.

Chris – we need to deal with the maintenance and how the site is ran.

41 minute mark   discussion of the statute and who owns the building.

43 minute mark    Bob – so by putting deadbolts on the doors and welding brackets on there to hold that, they've altered the building. And to put automatic garage door openers on the overhead doors that only they have control with, they have altered the building.

Katie – that would be a very good argument

Bob – mind you those things probably needed done but they needed approval.

45 minute mark     Dave – I would really like to hear what went on last night at the Pork Festival's meeting.

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46 minute mark   Dave – It all boils down to degradation of the building and the liability with that event going on. That's I know the Pork Festival's biggest concern.

Katie – and I understand both of their concerns.

47 minute mark   Katie – Opportunity for the Ag Society to show the Pork Fest that they can maintain it by getting it (the building) all cleaned up and not be able to tell there was dirt in the building. New leaf – top priority.

48 minute mark   Talk of how to get the lease agreement signed.

Bob – can we drive a couple stakes in the ground and put a logging chain across it?

Katie – as long as they hold a fair…

50 minute mark   Katie reads section "H" of lease agreement protecting the county.

We need them to sign the agreement and protect the citizens of Preble County.

53 minute mark   Talk of having lease signed on Monday (February 22)

End 54.2 minute mark on cd  

18.12 minutes – 4.16 MB

File 5

9:30 A.M. – MINDY ROBBINS (GENERAL FUND FINANCIAL UPDATES)

55 minute mark   Cash balance February 1, was $1,045,411.11

Cash balance February 16, was $890,125.82

Local Government down $5,700

58 minute mark    Projections on the February sales tax figures which are based on December sales: $333,650. The estimate had been $328,902.

End 1 hr.  2.6 minute mark on cd  

8.29 minutes – 1.94 MB

File 6

10:00 A.M. – RECYCLING MONTHLY MEETING

1 hr. 3  minute mark    Talk of assembly schedule.

Working on Solid Waste Plan.

June 19, Board meeting with EPA

1 hr. 6  minute mark    CR Meyer's scholarship for High School Seniors who will enrolled in an Ohio College and major in environmental studies.

1 hr. 7.75  minute mark    Bidding out of recycling contract. Rumpke wants to renew their prices by 7%. She had talked to Eric Meritt and he said they can't do that.

1 hr.  9 minute mark   Rumpke not interested in keeping the contract which would cost recycling annual cost by almost $9,000

1 hr. 10 minute mark   New Paris recycling bins becoming a problem. They are finding toilets and mattresses out there. She has spoken to Neal Hoffman. Bins are no longer in New Paris. Residents will be notified on water bill of bins having been moved. Curbside recycling would cost $60,000 from Rumpke.

1 hr. 13.5 minute mark   People doing it should just move to Kentucky as that is where they would be happier. lol

Earth Day – Thursday, May 6.

1 hr. 17.5 minute mark   G.T. Environmental

End 1hr. 18 minute mark on cd  

14.54 minutes – 3.41 MB

File 7

Bob – Connie, you got anything else at this time?

1 hr. 19 minute mark   CDBG issue

1 hr. 19.5 minute mark   Still have an Economic Development Office.

1 hr. 23 minute mark   Schedule Ag Society back in for Monday to sign the lease agreement

1 hr. 23.5 minute mark   Steve Simmons in Florida.

End 1 hr.  24.75 minute mark on cd  

6.45 minutes – 1.54 MB

File 8

10:30 A.M. – LANDFILL MONTHLY MEETING

Tom Barnes and Kyle Cross (County Engineer in waiting)

Monthly tonnage – Ahead of last year behind previous years. Numbers skewed because Rumpke does not run under level 3 in Darke County.

1 hr. 28 minute mark    Leachate –  Discussion of Request for proposals on force main.    

1 hr. 29 minute mark    Chris – we are probably going to have to go with RFQ's

Tom Barnes – had met with the EPS's Maureen Ware and she talked like that was going to be a lengthy process to get the PTI ? approved. She was looking a 6 – 9 months because it dealt with the STREET CROSSINGS AND THE ENVIRONMENTAL. Talk of boring under stream crossing to avoid eliminate environmental impact studies.

1 hr. 30 minute mark    Kyle mentions boring on streams, roads and driveways in some instances.

Tom – 4 inch line at 10,000 gallons a day.

1 hr. 31 minute mark    Discussion of snow melt and leachate increase.

1 hr. 32 minute mark    Groundwater monitoring. Sizable dollar amount. ON GOING COST FOR CORRECTIVE MEASURES.

1 hr. 33 minute mark    Chris – thought there was a reduction after time and asked about it.

1 hr. 34 minute mark     Tom – mentions Brown & Caldwell being pretty pricey to drive down from Columbus to monitor landfill gas. A monitor has been bought to try and save money.

Gas to Energy RFP to be on agenda next week.

1 hr. 37 minute mark     Discussion of building a new administrative and garage/maintenance building.  Cost for new admin building and scale $750,000.

1 hr. 42 minute mark     Continued discussion on building and size.

1 hr. 44 minute mark     Dave asks question about impact on the pay back to the General Fund ($100,000 a year).  Tom says it is in the budget and chuckles.

1 hr. 45 minute mark     Ohio EPA has agreed to let them slide on GAAP accounting for this year under condition given.

1 hr. 46 minute mark     Sewer District number 2 – PTI plans will need updated. Move ahead to avoid cost increases.

1 hr. 49 minute mark     Sewer District number 3 – water was coming out of a manhole on Main Street. Half a skid bucket of gravel was removed along with a piece of plastic that was the same size and color as the sewer line.  Area is right along Rt. 503 just north of the Post Office. May run a camera down to check it.

1 hr. 53 minute mark     Kyle on applications for a posted position. BOARD moves to go into EXECUTIVE SESSION  to discuss the employment of a public employee.  

Out of session. No action taken. Commissioners to do interview to take burden off of Engineer's department.

End 1 hr.  57.75 minute mark on cd  

33.19 minutes – 7.62MB

File 9

1 hr. 58 minute mark     Chris – "Are we going to get with Mindy to discuss this GAPP accounting for next year… for our financial assurance?

1 hr. 59 minute mark     Bob – why in the past haven't we gone to or why hasn't she gone to GAPP accounting?

Connie – "We have, this is the first year we haven't…  third?"

Chris – to save money, it's like $25,000 to do. There is a fine of $750 to not do it.

2 hr.  minute mark     Chris – $25,000 now would be cheaper than insurance of several hundred thousand dollars or a million dollars for the landfill

Connie – to schedule Mindy and Tom Barnes in for discussion

2 hr. 1 minute mark    Chris – I see you noted a receipt of a letter from Debbie Snowden. What's the retirement date?  April 1.

2 hr. 2 minute mark    Chris – refresh me on what are we doing with the Fairgrounds.. where did we leave that?

Bob – I think we leave it where it is. Four events going on in the Expo building that do have permits and proper insurance and the two boards are still at an impasse.

2 hr. 2 minute mark    Dave – asks if they have agreed to take the locks off of the building.

Bob – they have agreed to unlock the buildings. But I don't know when the keys are to be delivered.

2 hr. 4 minute mark    Bob – Marvin?? He has offered the proof of insurance for the upcoming events to the Ag Society but they refused at this time. They can be produce with no problem and quickly.

Extended discussion on paper work (insurance certificate being provided to commissioners)

2 hr. 8 minute mark    Section 7.2 read by Connie

needs to be changed to have it providing it seven days before hand.

2 hr. 11 minute mark    Fax the commissioners a copy.

2 hr. 11.5 minute mark    Bob – attended the City of Eaton meeting last night and they are moving ahead with the Lexington Rd. project. Also – Preble Drive.

2 hr. 14 minute mark    Sidewalk up Hillcrest.

2 hr. 15 minute mark    Bob – attended meeting yesterday about broadband (Connect Ohio). Only three people at the meeting.

Chris – I think the biggest issue that I see with it is that it is being sold incorrectly or misinformed because they are saying everyone will have access to the Internet through high speed access. Well that is not totally correct because it depends on what they consider the first, middle or last mile and then it's still cost related. As and the one thing they're selling it as…ahh Kevin Turner.. the county school Superintendent.. is that you know.. this will be the greatest thing because they can make their snow days up and that's not going to happen. Because little Johnny Wesler that Dave and Mary can't afford to pay for a computer. You know Johnny, he's the one you keep .. get away. No but seriously, if he can't afford to buy a computer it still leaves that kid left out in the cold. So I understand the value of this but I think it’s being sold targeting the wrong group of people. Ahh because most people out there now can come up with some alternative to get on the Internet if they really need it.

Dave – That being TimeWarner Cable, Satellite, phone system.

Chris – DSL, air cards.

Chris – old technology by the time it is installed.

Bob – What they want to do is use our towers, State highway patrol Marks sp?, water tower to transmit these signals.

Bob – Sean Maggard to be scheduled down. Don Shirley new Connect Ohio area representative.

Dave – did not feel they needed to have him in.

AdjournEnd 2 hr.  23 minute mark on cd  

8.29 minutes – 1.94 MB