Preble County, Ohio

County Commissioners

May 17, 2010

Meeting audio and review

 

COMMISSONER DAVID WESLER NOT IN ATTENDANCE

File 1

I. OPEN MEETING

II. CALL OF ROLL

III. PLEDGE OF ALLEGIANCE

IV. PRAYER

V. PUBLIC COMMENTS

VI. APPROVAL OF MINUTES

NOTE RECEIPT OF & CONSIDER APPROVAL BY SIGNING THE JOURNALIZATION & NOTE RECEIPT OF THE CD RECORDATION BOTH AS THE OFFICIAL MINUTES FOR THE MAY 10TH & MAY 12TH REGULAR SESSION MEETINGS

VII. APPROVAL OF VOUCHERS

NOTE RECEIPT & CONSIDER APPROVAL BY SIGNING THE VOUCHERS AS SUBMITTED BY THE COUNTY AUDITOR

End 3.50minute mark on CD – 902KB

File 2

VIII. FINANCIAL CONSIDERATIONS

A. CONSIDER APPROVAL OF RES. #276-10-144

RE: SUPPLE. APPROP. – DISPUTE RESOLUTION ($4,000.00)

B. CONSIDER APROVAL OF RES. #277-10-144

RE: AUTH. PAYMENT – VARIOUS DEPTS.

C. CONSIDER APPROVAL OF RES. #278-10-144

RE: TRANSFER OF FUNDS – VARIOUS DEPTS.

IX. CORRESPONDENCE & REPORTS

A. NOTE RECEIPT OF A COURT ORDER FROM JUDGE DUES, JUVENILE COURT

RE: ORDER TO TRANSFER FUNDS FROM PROBATE COURT-SPECIAL PROJECTS FUND

TO JUVENILE COURT-MAGISTRATE SPECIAL PROJECTS

B. NOTE RECEIPT OF & CONSIDER APPROVAL BY SIGNING A LETTER TO THE PAYROLL CLERK

RE: NEW HIRE OF CHRISTOPHER C. HARPER AS MAINTENANCE WORKER III

C. NOTE RECEIPT OF A LETTER FROM SHERIFF SIMPSON

RE: RATE INCREASE FOR GREG MCWHINNEY PER UNION CONTRACT

12.25 minute mark on cd  

8.22 minutes – 1.91 MB

File 3

9:15 A.M. – MINDY ROBBINS (GENERAL FUND FINANCIAL UPDATE)

Cash Balance May 1,  2010  $1,909,876.55

Local Government above estimate

20 minute mark on cd  

7.42 minutes – 1.76MB

File 4

20 minute mark      CORRESPONDENCE & REPORTS

D. NOTE RECEIPT OF A REPORT FROM BECKY SORRELL, JFS DIRECTOR

RE: SETS ACCOUNT BANK RECONCILIATION REPORT FOR APRIL 2010 – CSEA

E. NOTE RECEIPT OF (3) LETTER FROM THE COUNTY ENGINEER RE: HIRE OF STEPHEN S. DEFFNER, AUSTIN HAWLEY, & THOMAS RICHTER FOR SUMMER EMPLOYMENT – ENGINEER

F. NOTE RECEIPT OF A REPORT FROM THE SHERIFFS OFFICE – average daily count 50

RE: MONTHLY JAIL REPORT FOR APRIL 2010

G. NOTE RECEIPT OF & CONSIDER APPROVAL BY SIGNING A COURTHOUSE PLAZA USE PERMIT APPLICATION

RE: BIRTHRIGHT SUPPORT EVENT, JUNE 19, 2010

H. NOTE RECEIPT OF & CONSIDER APPROVAL OF A LEGAL AD, BID SPECS & BID FORM

RE: PREBLE COUNTY 2010 CHIP & SEAL PROJECT

I. NOTE RECEIPT OF & CONSIDER APPROVAL OF A LEGAL AD, BID SPECS & BID FORM

RE: PREBLE COUNTY 2010 RESURFACING PROJECT

J. NOTE RECEIPT OF & CONSIDER APPROVAL OF A PERSONNEL ACTION BY SIGNING A LETTER TO THE PAYROLL CLERK

RE: PESONNEL ACTION – LORETTA PUCKETT TO ELIGIBILITY & REFERRAL SUPERVISOR 2 – JFS

K. NOTE RECEIPT OF & CONSIDER APPROVAL OF AN INTERNAL JOB POSTING AD

RE: ELIGIBILITY & REFERRAL SUPERVISOR 1 – JFS

28 minute mark on cd  

8.03 minutes – 1.84MB

File 5

28 minute mark      9:30 A.M. – JIM WILLIAMS (NEEDS OF PREBLE COUNTY)

Gateway Baptist Church  –  Minister at Preble County Jail.

Mike Lay?

Have 15 acres out by Lakengren and would like to build a men's home.

30 minute mark      Teach jail inmates pipe fitting, roofing and other trades.

31 minute mark      Don't want any sexual predators.

49.1 minute mark on cd  

21.09 minutes – 4.84MB

File 6

X. APPOINTMENTS

A. CONSIDER APPROVAL OF RES. #279-10-144

RE: RE-APPT. OF LOUISE BENNETT, MELISSA DUKE JONES & ROBERT J. RICHARDS TO PREBLE COUNTY MHRB

XI. AGREEMENTS & CONTRACTS

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

RE: COPIER MAINT. AGREEMENT W/ LOUDY OFFICE MACHINES – $419.46 – JUV. CT.

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

RE: SERVICE AGREEMENT W/ PREBLE CO. EMA – $20,000 – LEPC

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

RE: GENERATOR MAINT. AGREEMENT W/ BUCKEYE POWER SALES CO. – $794.90 – EMA

D. NOTE RECEIPT OF & CONSIDER APPROVAL BY SIGNING (2) AGREEMENTS

RE: PROJECT HIRE ON THE JOB TRAINING AGREEMENTS W/ DOW CHEMICAL CO.

($6,000.00) & OPTI-VISE, LLC ($6,000.00) – WORKFORCE DEVELOPMENT

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

RE: BOX BEAM PURCHASE AGREEMENT W/ PRESTRESS SERVICES INDUSTRIES – $78,500.00 – ENGINEER

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

RE: OFFICE LEASE AGREEMENT W/ DAYTEP LIMITED LIABILITY PARTNERSHIP – $6,887.37 – CERTIFICATE OF TITLE

G. NOTE RECEIPT OF & CONSIDER APPROVAL BY SIGNING A CONTRACT

RE: PROFESSIONAL SERVICES CONTRACT FOR GRATIS EAST STREET NEIGHBORHOOD IMPROVEMENTS PROJECT W/ KRAMER & ASSOCIATES – $24,300.00 – FY09 CDBG

59.25 minute mark on cd  

10.11 minutes – 2.33MB

File 7

XII. TRAVEL REQUESTS

NOTE RECEIPT & CONSIDER APPROVAL OF THE FOLLOWING TRAVEL REQUESTS:

A. RES. #280-10-144 – MARIAN SCHMIDT & ELIZABETH O’CONNELL – DISPUTE RESOLUTION Cost not to exceed $408

B. RES. #281-10-144 – MICHELLE DAVIS – TASC  Cost not to exceed $30

C. RES. #282-10-144 – MICHELLE DAVIS – TASC  Cost not to exceed $20

D. RES. #283-10-144 – CINDY LEE, JODY ROBERTS & KRISTA BURLESON – TASC Cost not to exceed $60

1 hr. 2.5 minute mark on cd  

3.24 minutes – 798KB

File 8

10:00 A.M. – RECYCLING MONTHLY MEETING — CANCELLED OUT ILL

1hr. 3.5 minute mark      Bob – "This has happened before."

1hr. 4.5 minute mark      Connie – has reading material for this afternoon's meeting

1hr. 5 minute mark      Bob – Friday meeting in Columbus, learned quite a bit and hopes to attend more in the future.

1hr. 8.5 minute mark      Lawsuit

1hr. 18 minute mark      Connie – "Here's a letter that they wrote back in 2005 that said OGDC was going to undertake that."

1hr. 18.5 minute mark      Bob – David indicated that we may have one in place.

Connie – no we don't

Bob – according to this it is no problem to establish one.

Connie – but that is what was done in 2005

1hr. 19.5 minute mark    Bob –  Main Street program…  

1hr. 21  minute mark      Steve Simmons and Tom Barnes in room.

1 hr. 24 minute mark on cd  

21.18 minutes – 4.91 MB

File 9

10:30 A.M. – LANDFILL MONTHLY MEETING

1hr.  25 minute mark     Kyle Cross in room.

1hr.  29 minute mark     Leachate sheet for month of April, 460,000 gallons down from previous month.

1hr.  33.7 minute mark    FORCE MAIN  Kyle & John selected an engineering firm to design the force main to Lakengren and we met with them last week. Hoping to get a proposal in the next week.

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1hr.  34.5 minute mark     Chris – hopefully we have something back next month.

2 hr. 3 minute mark on cd  

38.56 minutes – 8.91MB

File 10

This is a second file on the CD.

Engineer's meeting finishes up

2 minute mark on cd  

2.02 minutes – 480KB

File 11

2  minute mark     Bob – Connie what else do you have?

Connie – Preble County, sales tax for March, 2010 came in $15,663 over Auditor's estimate.

3  minute mark      THE GREAT GRATIS POT HOLE STORY CONTINUES. (Chris Day explains to Connie the current situation pertaining to pothole)

7  minute mark      Chris Day asks Connie about job descriptions for economic development director.

7.5  minute mark      OGDC

8.75  minute mark      Chris Day – on need to review these because they have a meeting tomorrow afternoon with Preble County Development Partnership and at least we can share some of our thoughts on this. TUESDAY MAY, 18, 2010 – *

11  minute mark      June 10, afternoon JRS Committee review meeting.

12  minute mark      Chris Day has to attend an Issue 2 meeting for West Alex

13  minute mark      Bob – on previous Tuesday's Fair board – Pork Festival meeting.

17  minute mark      Alabama graduation

17.4  minute mark      RECESS UNTIL 1:00

17.4 minute mark on cd  

17.26 minutes – 3.99MB

File 12

1:00 P.M. – MARTY VOTEL & KATIE WORTHINGTON (I-70/127 PROPERTY, PORK FESTIVAL PENDING LITIGATION & LODGING TAX)

LODGING TAX SEGMENT

18  minute mark      Lodging tax – Katie Worthington.  ORC 5739 – money to pay for economic development director.

Money would have to go solely to the Convention and Visitors Bureau operating in Preble County. There is no such thing.

20   minute mark      Bob – on establishing a visitor’s bureau

Katie – someone else could do that but you would recognize it. You could recognize an organization (non profit).

Katie   "All of the money that you would get off of this tax would go into a fund in the county. That fund would be used exclusively to give money to the convention and visitors bureau that is designated by this board. Of that money a portion of that could be used to fund an economic and development office. However only that portion of that person job or that offices job that has to do with promotion of tourism. Does that make sense?"

21.25   minute mark     Marty Votel – "The biggest thing is all the money gets handed over and it is the Convention & Visitors Bureau who decides whether and how much to give back to the county for economic development and of that money it has to be earmarked essentially for tourism purposes which would include what types of activities. Separate and apart from economic development activities."

Katie – "It could be coming up with flyers that go in the various you know rest stop areas, it could be going to different ways you would promote the county's tourism."

Chris Day "Marketing..

Katie – "Marketing the county for tourism purposes. Like our Pork Festival, I guess the Historical Society, maybe some of your parks; it would be those type of things that you would be marketing." They can even give money to help fund parks.

Chris – but you’re saying all that money goes to a non for profit.

23  minute mark     Chris Day – for instance the Chamber.

Katie – It is possible that the Chamber could be, you would need to look at what they are charted to do for the county.

Chris – but if we went this direction we would have to find a non for profit to work this through.

Katie – and to be a convention and tourism bureau operating in the county.

23.5   minute mark     Bob – .. When we come up with a resolution or whatever we can establish the percentages

Katie – Well here’s the thing. The convention and visitors bureau if they were to give the money back to the county to use for the office of economic development… it would depend on how much they think should go towards that and again that money could only be used for that portion of the job for the promotion of tourism. So, you know for the pamphlets and also for that part of the person’s work that is delegated to that task.

Chris – I mean that's a pretty broad, that can be a pretty broad. I mean just and I haven't read all this but depending on what your focus wanted to be.

Katie – You need to make sure it is the promotion of tourism and when they define that in another statute it is always except work. So it would be for someone to come in for purposes to come in for purposes of wanting to visit a tourist attraction or coming into a park. It is that type of work that it contemplates. That's not work but that type of activity so it's someone coming into the county to visit. To enjoy the county.

Marty – … they bring a company into town and the company brings 50 people to build the building and what have you. Isn't that tourism?

Katie – That's not tourism.

Marty – .. Delineated they're coming here for the purposes of work versus you know tourist activities.

Chris – But I guess if you take that a little bit further and say that ahhh we're going to ahh attract an eatery ahhh hotel or something which would  benefit tourism obviously we need both of those wouldn't that.

Katie– To bring in a hotel and that again you need to make sure it is promoting tourism and I would think you are going to need to look at the percent of time that the person is spending on doing that. It is not you know bring in.. Is restaurant tourism?

Chris – Well that is what it is for tourism.

Katie – But I mean.. It is supposed to be for tourist to come and visit.

Chris – Well I guess my thought on that is Katie is and I am just going to use Goose Creek because that is what we are all familiar with.  Ahhm people traveling to and from Oxford from Miami University. The more that we can offer them to stop the more touris.. I mean it it they could stop and go to shop. Maybe they stop and spend the night at the hotel and then they go to something local here. Wouldn’t that be tourism?

Katie – For the pleasure of the person. I think you are going very very broad there and I think you are edging on the point of going too broad there.

26.5   minute mark     Bob – … ORC 307.692 it states that a Board of county Commissioners may expend funds for the public purpose of encouraging economic development for the promotion of tourism.

Katie – And that is giving money directly to a convention and visitors bureau.

Bob – The Ohio legislature has recognized that the promotion of tourism can also serve as an economic development endeavor.

Katie – And they said and the definition of that is – travel by persons away from their homes for pleasure, personal reasons or other purposes except to work the county or local areas. So that what that definition is.

Bob – Well it is clear that the convention and visitors bureau may give a person of the tax to an economic development office to promote tourism. That portion may be used only for the promotion of tourism and it is the further opinion of this office that the funds may be used for an office of economic development that is maintained by the county.

Katie – They can give that money over yes. But only with a portion of those funds going for that part of the job that goes to promotion of tourism.

Bob – I understand. Gotcha. That's good.

Katie – So it is not saying you can't do it at all, you can do it but there is restrictions.

Bob – Oh you got to do it in the right manner.

28   minute mark     Katie – And I think what it is going to amount to is writing your job description for that position as well as what the duties of that office are and how that.

Bob – We have that pretty much, well we've got it to discuss.

Marty Votel – So the way that reads – All tourist promotion is economic development but not all economic development activities qualify as tourism. So the question is of this job what percentage of the duties relates directly to tourism as separate and distinct from economic development and can you write a position description which justifies "x" percent of that salary being funded by those earmarked dollars?

Katie – That is correct. Part of it can go to the whole you know paper and all of that takes for as far as advertising what not.

Chris –  An then I guess probably a support staff person could probably put more of their duties on that part of it because they are going to be using papers, they’re going to be getting the flyers marketing aspect

Katie – It depends on how the positions are written and what their job duties are.

Chris – Ok

Katie – It sounds like the office staff is back so do we want to.. Are we done with this or

Chris – Any questions?

29.6 minute mark on cd  

12.18 minutes – 2.81MB

File 13

29.9   minute mark     EXECUTIVE SESSION FOR POSSIBLE PURCHASE OF PROPERTY

Marty Votel and Katie Worthington. NO ACTION TAKEN.

31.2 minute mark     EXECUTIVE SESSION  TO DISCUSS CURRENT LITIGATION

Marty Votel and Katie Worthington. NO ACTION TAKEN.

32.5 minute mark      Bob – maybe the Pork Festival will just drop this suit.

Katie – I don't see that happening.

33 minute mark      Connie – on need to note receipt of these documents as they relate to Pork Festival lawsuit.

Motion passes 2 – 0

34 minute mark      Reduction of speed on College Corner Rd. where new covered bridge is to be.

35 minute mark on cd  

5.25 minutes – 1.24MB

File 14

35 minute mark      Chris – Did we want to discuss the ED position briefly?

40 minute mark      Job description

41 minute mark      Economic Development Director – job description developed by Connie from multiple others.

Chris – on the one they got from OSU & Van Wert.

44 minute mark      Grant writing abilities

Bob – Work hours 8:00 a.m. to 4:30 a.m. or as required.

45 minute mark      Qualifications language.

46 minute mark      Chris – wants five years experience.

47 minute mark      Connie – to run a copy of the OSU one.

47.5  minute mark      Chris – on meeting with the Preble County Development Partnership "Maybe this is something we can share with them to see if there is anything in here..

Connie – That we are missing.

Chris – I guess when we have are meeting tomorrow.

48  minute mark      Bob – I would say that we tell them that we are working on a job description and when it is complete we will have…

48.75  minute mark      Chris on discussions at previous meeting with Preble County Development Partnership.

49.5  minute mark      Making copies for the Preble County Development Partnership. Chris – there are only a handful of people on the Board right now.

Bob – tell them to give us their input.

Chris – tell them this is a very tentative. You know this is the first draft of it.

Bob – asks Connie to make 10 copies of this

50  minute mark      Chris – This is a very open Broad description, this person's job could change from minute to minute.

51.4  minute mark      Bob – What kind of time frame do you see for us having someone in that office… September? January?

Chris – I would hope by late fall going into the winter and it may be first of the year.

52  minute mark      Bob – set their budgets for one thing.

52.9  minute mark      Bob – We got this area up here that need promoted.

Chris – that project takes time, we got a landfill that is going to consume a lot of time in the next few months, then we get into the summer and the fall where everybody is busy with all the activities.

53.5  minute mark      Katie Worthington steps in for a moment.

54  minute mark      multiple conversations going on. Bob & Chris – Connie & Katie.

    Bob – I talked to Matt (Appenzeller) this morning.Theres a short window for us and that is all we need.

56  minute mark      Bob – We don't have anything to relate to on the other ahhh

Connie – On what?

Bob – ahhh tax, bed tax. We have to ahh  (whisper) let’s talk to me now? NOT SURE WHAT HE IS SAYING BUT HERE IT IS LOOPED     File 16

Connie – whispering back. – I know  

Chris – chuckling.another version of this clip     File 15

ADJOURN

56.4 minute mark on cd  

21.27 minutes – 4.91 MB