Preble County, Ohio

County Commissioners

March 3,   2010

Meeting audio and review

All three County Commissioners in attendance.

File 1

I. OPEN MEETING

II. CALL OF ROLL

III. PLEDGE OF ALLEGIANCE

IV. PRAYER

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 MARCH 1ST REGULAR SESSION MEETING

End 3.56 minute mark on CD – 932KB

File 2

VII. MEETINGS

9:00 A.M. – PUBLIC HEARING – ZONING CASE #1273 (FLOOD INSURANCE)

A. CONSIDER APPROVAL OF RES. #145-10-143

RE: AMENDING SECTION 814(A) OF THE PREBLE COUNTY RURAL ZONING RESOLUTION FOR REGULATION OF AREAS OF SPECIAL FLOOD HAZARD)

4.5 minute mark   Katie Worthington – Issue on if the county will be suspended from flood insurance participation because of being one day late. This hearing is to make the March 3, noon deadline.

11 minute mark   Dave – on using the Dayton Daily News & Pal-Item for public notices when time is of the essence as the Register Herald only publishes once a week.

12.5 minute mark   Katie Worthington – the Register Herald is the only paper of record that qualifies as they have an office in the county.

Dave – feels that in case of an emergency those other papers can be used.

Resolution passed with 3 – 0 vote.

Katie – everything needs forwarded immediately. Another meeting next Monday.

End 15 minute mark on cd  

11.30 minutes – 2.63 MB

File 3

15.5 minute mark      Connie – had a visit from Chris Washington on recent Barracuda web filter that was recently installed. A request that the Clerk of Courts and Court of Common Pleas be allowed to have RoadRunner installed to the 3rd floor. He does not feel the issues will be resolved that have been affecting the offices since the web filter was installed. Court Computerization Fund to be used for payment and they request immediate approval.

16  minute mark    Bob – would like to know more about it.

17 minute mark     Chris – opening up the site in question would make it available to all other computers on the third floor.

18  minute mark     Bob – would like to have them in to discuss the issue.

21 minute mark     Discussion of expected life of JFS building. It was listed at 100 years by the Auditor (Mindy Robbins) but that is now in question. Connie – the state has notice that a lot of county auditors have been putting that back to like 40 years.

23 minute mark     Chris – The design engineer would have had to sign off on the useful life of the building. Auditor would not be certified to come up with a figure.

Building was originally bonded for 20 years but was refinanced in 2002 for another 20 years.

25 minute mark     Connie – Auditor of state came up with a new formula a few years ago.

End 29.25 minute mark on cd  

14.14  minutes – 3.26 MB

File 4

9:30 A.M. – PUBLIC HEARING – ZONING CASE #1274 (JAMES & ONNALEE HABER)

End 38.2 minute mark on cd  

8.57  minutes – 2.04 MB

File 5

10:30 A.M. – EMA ASSISTANT DIRECTOR INTERVIEWS

39 minute mark     Bob – you guys want go ahead and have a discussion on maintenance. We asked for a schedule.

39.5 minute mark     Dave – blinds done

40 minute mark     Dave – did he get you a new schedule on when he is going to be back in here?

Connie – he is supposed to be in here on Tuesday's & Thursday's.

40.5 minute mark     Bob – he has not attended to the front door because there is tape all over it.

41 minute mark     Bob – On Wal Mart crime wing.

41.5 minute mark     Connie – also have you heard about Toni sp?? Morgan with the HIT Foundation. It’s the lady that knows everything about our program here. That has been meeting with Kim every week. I believe.. I am not certain she is no longer with them but she is not working right now. Apparently there has been $20,000 embezzled from a constituent by Toni Morgan sp?? . That's what the news said about it.

42.3 minute mark     Dave – you would think they would have been down here the first thing this morning to let us know of this development.

Chris – have we gotten any communication from them

Connie – no    

Bob – suppose that had anything to do with the change in Director's? Just speculation.

Dave – well if there has been an investigation going on they probably should have come down and told us of that also.

Bob – you know if there was indeed an investigation they would not have told anyone. As long it is in the investigation phase it probably is not any of our business. If it becomes a case..

Chris – It becomes our business when it becomes public. We should have been notified of it prior to it hitting the press. If it was going on, because I got a couple phone calls before I even saw it on the news.

Bob – well as you can all see we have not been notified of anything. Maybe that's the subject of discussion for today. Maybe someone from there should come down or Monday. We probably don't have time today.

43.9 minute mark      Connie – I can place a phone call.

44.4  minute mark     Bob – can you see any time in there today where we can fit them in.   Fit them in.

45 minute mark     Dave – March 9 we will be going to Columbus and I believe Jay Stewart will be meeting us up there..

45.5 minute mark     Bob – Is it mandatory we have an Assistant Director for EMI?

Chris – what happens if something happens to the Director?

Bob – then you hire somebody else.

46.5 minute mark     Dave – I think Charlie would like to retire in a few more years and maybe this is the way to work somebody in.

47 minute mark     Chris  – I guess you go to the thin do you need an Emergency Management person?  

55  minute mark   Victim Witness expense discussion

End 1 hr. mark on cd  

21.54  minutes – 5.01 MB

File 6

Bob – is Charlie coming in at 10:00 p.m.

1 hr 2 minute mark   Dave – Duane Grimme called me up and said he brought in the insurance papers for this week’s tractor pull.

1 hr. 3  minute mark   Marty Votel in the room

Bob – we wanted to talk to you about Victim Witness, we got the letter and I know you have advertised for an assistant. Our question is can the program do without an assistant?

Marty – not in my judgment.

Bob – we can take in that $20,000 out of the General Fund and use it elsewhere?….. That program started out as strictly a volunteer program.

1 hr. 5  minute mark   Marty – leaves to get Brenda

Dave – some people in the courthouse have worked years and years and don't get that amount of money.

1 hr. 6.5  minute mark   Charlie has had 15 applications for assistant EMA Director

1 hr.  14 minute mark   Marty Votel back with Brenda. Brenda explains duties and need.

1 hr. 18.25  minute mark   Marty we feel very strongly that the office should remain open.

Brenda on call 24/7

1 hr. 19.3  minute mark   Dave – we understand how important the program is, it is no that. Things were going good until a few years ago and then budget reductions had to be made….. I'm saying around this courthouse and around the rest of the county a lot of reductions were done in personnel also. Right now if we could until times got better. We've been looking at a lot of programs mandatory vs. non-mandatory. Yours is a non mandatory program. We've got Soil & Water, we've got OSU Extension, we've got ladies and gentlemen around the courthouse that are not making some of the dollars that this program… all we are trying to ask Marty is where our $20,000 goes? Could the program still run without our money?

1 hr. 20.5 minute mark   Marty – presumably that is a decision the Board would have made at budget time. You know, inquiring into whether or not two victim advocates were necessary or not. The board made a decision that two advocates were appropriate and had Sarah not resigned presumably we would not be here talking about cut backs.

1 hr. 21 minute mark   Dave – Well this is a portion Marty where the day we made that decision it was a quick hurry up snap decision as you well remember and ahmmm… ahmm… This is something right now where we're not cutting a person out.. Somebody has already left and this as good a time as any if we are going to reduce in this program to reduce then no personnel is hurt. That's what I'm saying.

1 hr. 21.5 minute mark   Bob – So what you are telling us for Preble County this program needs to remain intact as is.

1 hr. 22 minute mark   Brenda – It's too much, I cannot do it by myself…. I really can't. I understand where you are coming from. I need help down there as it is it would be until the 22nd before we were looking at replacing someone. I am already putting in a lot of overtime that I am not putting in for just to keep up. I need that second person down there. I just can't do it all. It was very hard when there was two of us. There is a victims’ rights league that I trying to plan and get awareness out there for… it would be an injustice to have to stop those things. I just couldn't do it on my own.

Dave – nobody is saying to stop those things.

Brenda – I can't do it. I cannot do it. It is too much for one person. I just can't, I am sorry, it is just too much.

1 hr. 24.3 minute mark   Bob – You guys got anything else?

Dave – I've already spoken my piece.

Bob – we appreciate you guys coming in.

End 1hr.  25 minute mark on cd  

24.04 minutes – 5.50 MB

File 7

Bob – Charlie at this time we will go into EXECUTIVE SESSION to discuss the hiring of a public employee and continue that right on into interviews.

1 hr. 26 minute mark   out of Executive session where no action was taken.

1 hr. 27minute mark   Back into EXECUTIVE SESSION

1 hr. 35 minute mark   Bob – instructs Connie to run a background check on that individual and if possible let Charlie know our findings and what are decision is.

1 hr. 36 minute mark   RECESS UNTIL 1:00 FOR LUNCH

BACK IN SESSION IN ORDER TO CLARIFY- would you please have a web check done on ——— and report back to us this afternoon?

1 hr. 36.6 minute mark   EXECUTIVE SESSION to discuss Facilities Manager at the Landfill. Compensation & employment.

Out of session.

End 1hr. 38.7 minute mark on cd  

13.48 minutes – 3.16 MB

File 8

1:30 P.M. – GOOSE CREEK CROSSING UPDATE

1 hr. 41 minute mark     Dave – get Miami University involved again and "Where Imagination Takes Flight"

1 hr. 44 minute mark     Meeting with Kleingers begins.

1 hr. 45 minute mark     Kleingers Rep #1 – We can kind of walk through what our findings and recommendations are at this time and then we can talk about some other things and how we move forward. So the primary recommendation that we came up with was continuing to pursue and ultimately sign some sort of purchase agreement or option agreement with Mr. Kemp and the 180 acres that he owns. That’s a very critical component of this to at least help push forward development of this site. If we can identify a purchase price potentially of how much a future developer or you guys for that matter could buy his land for and it would in concept give you the ability to install the infrastructure that is necessary, that is part of our study. The water plants and the sewer plants and the utilities, that sort of thing.

Kleingers Rep #2 – It would give you a better ranking on the JRS application. I would agree it need to be in place.

Kleingers Rep #1 – Recommendation 2 is moving ahead with the design and permitting of the water and waste water treatment facilities. You know as we have talked about if we move forward relatively soon we can have the water and sewer facilities in place for development to begin in late 2012 ahmm.. For sure early 2013. So we are looking at a little bit of a horizon here, two years or so to be able to move through permitting and design. Anytime you have those long stretches of time it is always a good idea to get started as soon as you can.

1 hr. 47 minute mark     Kleingers Rep #1 – Third recommendation was to commission the IMS & Interstate modification study and the revisions to the traffic impact study that will be required for the project.  The Interstate modification study will identify what improvements that are needed up at I-70 and 127 and will get that approved through the Federal Highway Administration because they regulate basically whatever type of development impacts you have on the interstate.  

First Recommendation is to continue moving forward with the rezoning the property. I know you guys have some draft documentation and it sounded like you were going to continue to push that forward and I would recommend that you do so. That is a big component as to being able to tell developers what exits on the site and what’s your vision for the site. Because without it you are probably going to get some crazy proposals from developers. Developers may not sniff around because they see this long time frame of eight months or whatever time it would take to rezone the property themselves.

1 hr. 47 minute mark    Kleingers Rep #2 –  That’s another one that I would put on the list of.. I think it is worthwhile to go to a point where you feel good about that overlay district which internally ahhh…. You’d probably stop right there until the Kemp piece. I mean because obviously you don’t want him fighting your zoning petitions… so haha..  ahh yeah. 

Kleingers Rep #1 – Yeah and to be candid with you all of these recommendations that are after number are contingent on the Kemp farm acquisition or purchase agreement.  Without it I would not move forward without any of these.

There are four infection levitra generika cute-n-tiny.com pathways: uplink , direct, blood and lymphatic.

Recommendation #5, is developing covenants and restrictions for the property. It’s typical for these kinds of developments that there are covenants and restrictions.

1 hr. 52 minute mark    Discussion of safety issue with south bound semis swinging into other lane being a safety hazard. Utility pole and limited access designation an issue that needs addressed

Recommendation #7 – rebranding the project. It makes a lot of sense… Developers would have a better idea of where this park is when talking about it. Some geographic identification. They recommend something with “70”.

Recommendation #9  Take a step back and reassess whether you as a county are ready to move forward with construction of the water and sewer and tower. It is truly a financial decision for the county at that point of whether or not you move forward. 

Recommendation #10 is to complete the full design of U.S. 127 and Orphans Rd.

Finally, I think it is the last recommendation we had goes to continue to pursue grants and funding.

End 2hr. 0 minute mark on cd  

21.19 minutes – 4.88 MB

File 9

2 hr. 2 minute mark    Phase 1 electric expense and how to fund water & sewer. Contingent on grants.

2 hr. 4 minute mark    Tap fees one of the biggest revenue generators.

2 hr. 5 minute mark    Usage fees for Pilot and T&A

2 hr. 6 minute mark     Other revenue streams for funding – Conveyance fee is figured at $80,000 per year. Tax rate, TIF revenue lines.

2 hr. 16.8 minute mark    Preble County Commissioner Chris Day – one of the things for Bob and Dave is that we requested that we have the digital copies to these so that we do have the ability to go in and make a lot more money by just changing numbers… Room erupts in HAHAHA

Kleingers Rep – It’s real easy.

Someone – Good idea

That’s what our clients used to do. More hahaha  File 9A

2 hr. 17.5 minute mark    it’s going to come down to the land acquisition costs.

End 2hr. 20 minute mark on cd  

20.02 minutes – 4.58 MB

File 10

2 hr. 22 minute mark    Sustainability.

2 hr. 23 minute mark    Steve Simmons asks question about Boulevard shown and walking trails.

2 hr. 27 minute mark    Simmons thinks we need to do something like this to attract.

2 hr. 28 minute mark    Possible ODNR grants.

2 hr. 29 minute mark    Pocket parks. WIFI enabled.

2 hr. 31 minute mark    Steve Simmons – “And if we can do these amenities and do these you know pocket parks, to me things like this is gonna I’ll just throw it out as an example this will attract the GOOGLES of the world. This will attract the you know corporate offices.”

2 hr. 40.25 minute mark   it’s all pretty much based on the Kemp agreement.

End 2hr. 41 minute mark on cd  

20.34 minutes – 4.70 MB

File 11

2 hr. 41 minute mark     Jay – “Here is what I would do if I was right down the hall or at least the major things may be not every little nook and cranny. From a framework perspective, you know both myself and Dave as kind of the Civil Engineering you know technical project manager. And you know again for the tenth time this is all dependent on KEMP. This is if we get that secured. A suggestion or a suggested kind of road map going forward you know might be to to schedule you know monthly update meetings. I don’t think we need to meet at this pace but this was driven by the time frame. But by the same token if the KEMP thing gets signed. There is certainly going to be enough, you know we’re not going to be you know if you agree to that we’re not going to be coming up here once a month just twiddling our thumbs.  There’s going to be things whether it’s on the economic development, marketing, funding etc. Whether it’s on the water, sewer, roadway.. whatever there are going to be things that need to be addressed you just can’t drop it there. So were thinking from a frame work of just keeping the ball rolling, monthly update meetings you know type of things.

2 hr. 42 minute mark    We know something is going to be need IF THE KEMP DEAL GETS SIGNED

2 hr. 43.5 minute mark    Branding logo or brand discussion. Web blasts.

2 hr. 44.5 minute mark    Chris Day – So I guess just kind of a recap. What we need to accomplish in the short term here, we’ve got to get the agreement finalized with KEMP. That’s the the deal breaker. Ahhmmm then the next thing is if we are going to rebrand it that rebranding need to be done ASAP prior to the April 1^st application for JRS.

Kleingers Jay? – Again just my opinion, I would say n. I think I mean we’ve got basically if we… I’m going to give them this, this will go into the packet of the JRS app. So in their eyes hopefully this is a good slick looking branded type of thing. I think the critical date is the first time that we out to a press release to the world and I don’t know when that date is yet. It’s sometime after the KEMP deal, that’s that date. But I would want to have everything, the name, the colors the look and feel. Because we’re going to give pretty picture out to the newspapers with the brand and logo so I don’t know what that date is.

Chris Day – But, I guess my thought is, is that and they may not have to be done the April 1^st deadline but if we are going to go after the JRS application. We need a press release, somewhere to coincide with this saying; here’s our plans, here’s an application that we’ve applied for. I mean atttt least.

 Kleingers  – I would say that if you were thinking press release for that then I would then agree with you.  I would say yes, when ever that first press release is that would be my drop dead date.

2 hr. 46.5 minute mark    Steve Simmons – So we’ve got to meet with the trustees and that whole room full of people before it goes to the press.

Chris Day – correct

2 hr. 49.5 minute mark   Meeting over

After meeting chit chat.

2 hr. 50.5 minute mark   Katie Worthington – zoning will start first of next month then we are going to try and put it all through at once.

2 hr. 50.8 minute mark    Kleingers – “If there is anything we can do on this Kemp deal to help this along, will do it”.

Chris Day – That is going to be a priority, I’m going to give it to Marty. I was gone the last part of the week and stuff. Last week and first of this one.

End 2hr. 55 minute mark on cd  

15.03 minutes – 3.44 MB

File 12

3:00 P.M. – SANITARY FACILITIES MANAGER DISCUSSION

2 hr. 55.5 minute mark    Bob – Ok we ready? At this time I will accept a motion to go into EXECUTIVE SESSION to discuss the employment of a public employee.

REPEATED MULTIPLE TIMES.

2 hr. 58.25 minute mark    Chris – I do have a question. Where are we at on the LEACHATE? Ahhhhh RFP’S? For engineering?

Connie – I think it must still be with Matt sp?? Capaneitti sp?? Nothing has came into this office.

Chris – I thought we we were we sending them or asking for a request for proposals?

Connie – I don’t, I’ve not seen that. What we’re holding up on and what I have been asked to schedule and who I have been asked to schedule back in is Tom about the gas to energy.

Chris – no what I am referring to is the LEACHATE. I thought that Steve and Tom and Katie were going to put an RFP together.

Connie – I have not seen it, nothing has come into this office.

David – I thought they were also going to review with Malcolm Perney sp?? If any of the engineering costs had gone up?

Connie – They were.

Chris – no no no that’s on the gas to energy. I’m asking about the LEACHATE, the engineering for the LEACHATE.

Connie – the last I knew Katie and Steve and Tom were going to come up with those.

Chris – So we haven’t got anything yet?

Connie – no, I’ve not seen anything.

Dave – Key Engineering remember had done some preliminary work a couple years ago.

Chris – It was determined that those contracts had been so old that we would have to redo em’

Connie – Right

Chris – correct?

Connie – you’re correct

Dave – you’re asking we go out for new requests

Chris – yeah I can ask Katie or Steve or whoever. I don’t have a problem with that.

Dave – I mean that is what you were trying to ask Connie.

Chris – yeah

Bob – we have not sent them out yet that is what you are saying?

Connie – they have not even come into the office yet.

Chris – all they had to do was basically update the proposal or the specs and we approve getting those back out. I mean that should have been done.

Bob – Do we need to go down and talk to Katie? Is that correct?

Connie – I’ll call her. I’ve got Tom schedule in to answer any questions and hopefully show us the drawing of the proposed building.

3 hr. 1.25 minute mark    Bob – I noticed the letter to the editor from Parks ??? at Lakengren

Connie – Terry

Bob – Pretty nice letter, regarding the leachate process and Camden’s concerns. It basically says that remember that Lakengren is a part of Preble County also. You ought to read if you get the paper.

3 hr. 2 minute mark    Connie – Bill Hutton coming in at 4:15 (New Director of the HIT Foundation) to update us on.

Bob – he was an applicant for County Administrator at one time.

3 hr. 3 minute mark    Discussion of Fair board meeting that night.

3 hr. 4.5 minute mark    DP&L – Chris thinks it would be better to go down 732.

3 hr. 5.75 minute mark    Bob – John welcome back.

3 hr. 6 minute mark    EXECUTIVE SESSION possible employment of a county employee

John Jones present.

Back into EXECUTIVE SESSION

No action taken

End 3hr. 11 minute mark on cd  

16.01 minutes – 3.66 MB

File 13

3 hr. 11 minute mark    Bill Hutton of HIT Foundation in Chambers

3 hr. 12 minute mark    Bob – what we asked you down for was to bring us up to date.

Bill – our CHIP consultant is on his way, not to hold you guys up for that.

We’re talking about the Toni Morgan issue is the subject of consideration here. First of all in our capacity I am the Executive Director for the Foundation. Ginger is a member of the board of Directors out here with us today. … The Toni situation when she was indicted on Monday, basically what we did was look at all the issue involved with the situation. I would like to start by saying that the Foundation really does fully support Toni and really believe in the premise that we’re innocent until proven guilty and we propose that we treat her that way. With that being said, we also have to make sure the right things are happening from the perspective that we deal with the community and need to make sure that people are protected, monies are protected. That you are all confident in our ability to insure that there is no funny business going on with the grants. So what we have done, the first thing we did we went to our CHIP consultant who is on his way if you have any question for him. To look at the legal ramifications of anyone involved in a grant that has been indicted and based on his research and counsel there are no exclusions that would prohibit us from having Toni continue to work with the grants. With that being said, we also have to look at the interaction with our clients as well as just the funds themselves. So even though she can work on it what we did as of Tuesday we have restricted her to client contact to nothing. She is no longer allowed to have interaction with clients to basically do intakes with people who are looking for assistance. Nor does she have access to checks, she never had signature authority anyway but she actually won’t have access to that part of the area at this point. So we put those things in place so that there is some level of comfort for us and for you all that we are doing the right things and treating the person fairly. You know that is being accused of something but has not yet been convicted of that. We’ve also talked to Mrs. …

Phil Snyder comes into room.

Bill – So Phil and I talked to Dana Lease sp?? at the state provides oversight of these grants and she is very comfortable with the controls that we have put in place. So with Toni continuing to work with these grants and a lot of Toni’s job is going to continue to make sure that we use grants in the right way. To make sure that the funding flow is going properly and that we are meeting all the requirements of those grants. So Phil, I don’t know if you had anything that you wanted to add with her being indicted and working with the grants?

Phil – oddly enough this is my second case with a person being indicted in the past year. The other place was a city. The law directors investigation and their employee can continue work while under indictment and they are innocent until proven guilty. …

Bob – so this has been an ongoing investigation?  

Bill – we don’t really know that much there have been accusations for up to a year that are being looked into. I don’t know if it has gone before the grand jury before, those details I really have no idea. We didn’t know that she had been indicted. She didn’t even know she was being indicted or had been indicted.  It was a sealed secret indictment and the family the complainant’s family contacted Channel 7 news immediately after they knew about it. So we get a call about this and we said we don’t know anything about it and no comment and that is kind of how it all started. I talked to Marty Votel immediately after that and in seventeen years of service never seen that happen where a family went to the media like that.

Bob – Well I know the family.

3 hr. 19 minute mark   Ginger

3 hr. 25.75 minute mark    Bob – there is an issue down in Gratis about paving that we addressed.

Bill – This a pothole? A pothole problem?    LOL THE GREAT GRATIS POTHOLE STORY CONTINUES!!! J

End 3hr. 35.1 minute mark on cd  

24.09 minutes – 5.52 MB

File 14

3 hr. 36 minute mark    Bob – the report from Kleingers.

Goose Creek rebranding discussion.

3 hr. 37 minute mark    Dave – it was professional people that rebranded it in the first place to.

3 hr. 40 minute mark    Dave – Miami University what happened with that?

Compensation discussion for Kleingers.

ADJOURN

End 3hr. 42.5 minute mark on cd  

7.37 minutes – 1.74 MB