Leachate – Village of Camden Files Suit in Federal Court Against County Commission

There were a huge number of Contracts and Agreements at this meeting.

Of special note is the retirement of Marty Bresher after 44 years of service to Preble County her last day is January 21. Her final request was for a party on that date.

Historically the most important item of this meeting is the noting receipt of a lawsuit filed in Federal District Court by the Village of Camden against the Preble County Board of Commissioners. The case involves the Commission decision in a 2 -1 vote on January 25, 2010 to pipe Preble County Landfill leachate to Lakengren instead on Camden. There links to download the case located on this page and a story was posted on it a few days ago that has multiple links to previous posts covering the issue.

Win or lose this is a very important case. My hope is that Camden will win.

Preble County, Ohio

County Commissioners

January 5,  2011

Meeting audio and review

Two Commissioners in attendance

Commissioner David Wesler absent to be in Washington D.C. for John Boehner's swearing in.

File 1

I. OPEN MEETING

II. CALL OF ROLL

III. PLEDGE OF ALLEGIANCE

IV. PRAYER

V. PUBLIC COMMENTS

VI. APPROVAL OF MINUTES

NOTE RECEIPT & CONSIDER APPROVAL BY SIGNING THE JOURNALIZATION & NOTE RECEIPT OF THE CD RECORDATION BOTH AS THE OFFICIAL MINUTES FOR THE JANUARY 3RD REGULAR SESSION MEETING

End 5.38 minute mark on CD – 1.29MB

File 2

9:00 A.M. – PUBLIC HEARING – FY09 CDBG GRANT AMENDMENT

Kim Keller

11 minute mark on cd  

5.24 minutes – 1.23 MB

File 3

Commissioner Day – No, I just was saying we might want to wait on that on until

Commissioner Stonecash – Yeah. garbled I got a highlighter here

Commissioner Day – Just about do it to it.

Commissioner Stonecash – That will be in a minute anyway so.

Commissioner Day – Yeah I just thought we would

Commissioner Stonecash – That will work.

Commissioner Day – Probably want to discuss it and

Commissioner Stonecash – We can note receipt of it and go into Executive Session and talk

Commissioner Day – Have you read through this and memorized it all?

Commissioner Stonecash – I glanced through it.

Commissioner Day – I haven't read it all.

Commissioner Stonecash – at this time we will have Financial Considerations.

VII. FINANCIAL CONSIDERATIONS

A. CONSIDER APPROVAL OF RES. # 32-11-148

RE: AUTH. PAYMENT – SHERIFF ($708.53; $384.38); ENGINEER ($623.55)

B. CONSIDER APPROVAL OF RES. # 33-11-148

RE: AUTH. EXEND. – $73,764.00 FOR PURCHASE OF ONE THOUSAND TWO HUNDRED TONS OF DEICING SALT – ENGINEER

13.5 Minute mark     VIII. CORRESPONDENCE & REPORTS

A. CONSIDER APPROVAL OF RES. # 34-11-148

RE: AUTH. PARTICIPATION IN ODOT COOPERATIVE PURCHASING PROGRAM

B. CONSIDER APPROVAL OF RES. # 35-11-148

RE: AUTH. PREBLE CO. ENGINEER RIGHT OF ENTRY AS IT RELATES TO THE PROTECTION OF HIGHWAYS, BRIDGES & CULVERTS IN THE COUNTY FOR 2011

__________________________________________________________________________________________________________

The following item is skipped over for latter so they can go into EXECUTIVE SESSION. A downloadable .pdf copy of the Camden case is available at this link: Camden Leachate Case  (61 pages – 3.66 MB) See file 5 of this meeting.

C. NOTE RECEIPT OF A COMPLAINT FILED IN U.S. DISTRICT COURT

RE: COMPLAINT FOR DECLATORY JUDGEMENT, INJUNCTIVE RELIEF & MONEY DAMAGES – VILLAGE OF CAMDEN, OHIO VS. BOARD OF PREBLE COUNTY COMMISSIONERS

__________________________________________________________________________________________________________

15.1 minute mark on cd  

7.52 minutes – 1.80 MB

File 4

IX. CONTRACTS & AGREEMENTS

A. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING A CHANGE ORDER

RE: CHANGE ORDER #3 TO GRATIS EAST STREET NEIGHBORHOOD REVITALIZATION PROJECT W/ C. G. CONSTRUCTION & UTILITIES, INC. – EXTEND COMPLETION DATE – FY09 CDBG NEIGHBORHOOD REVITALIZATION

B. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING AN AMENDMENT

RE: AMENDMENT TO FY09 CDBG GRANT AGREEMENT W/ ODOD – REALLOCATION OF GRANT MONIES

C. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING AN AGREEMENT

RE: PARENT EDUCATION SERVICES AGREEMENT W/ PREBLE CO. TASC – $712.50 – JUVENILE COURT

D. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING AN AGREEMENT

RE: URINALYSIS TESTING AGREEMENT W/ PREBLE CO. TASC – $1,320.00 – JUVENILE COURT

E. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING AN AGREEMENT

RE: ELECTRONIC MONITORING AGREEMENT W/ B I INCORPORATED – $500.00 – JUVENILE COURT

F. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING AN AGREEMENT

RE: PASS POLICING AGREEMENT W/ WEST ALEXANDRIA POLICE DEPARTMENT – $1,890.00 – FELONY SUBSIDY

G. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING AN AGREEMENT

RE: PASS PROGRAM AGREEMENT W/ PREBLE CO. ESC – $50,000.00 – FELONY SUBSIDY

H. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING AN AGREEMENT

RE: PET MAINTENANCE AGREEMENT W/ MAXIMUS INC. – $2,150.00 – JFS

I. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING AN AMDENDMENT

RE: AMENDMENT TO OFFICE ASSISTANT DUTIES AGREEMENT W/ JAIME DIXON – EXTEND AGREEMENT – $8,788.50 – WORKFORCE DEVELOPMENT

J. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING AN AMENDMENT

RE: AMENDMENT TO YOUTH PROGRAM SERVICES AGREEMENT W/ MALACHI – DECREASE AGREEMENT TO $102,000.00 – WORKFORCE DIVISION

K. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING A CONTRACT

RE: IV-D CSEA LEGAL SERVICES CONTRACT W/ MARY DITMER – $52,526.40 – CSEA

L. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING AN AMENDMENT

RE: AMENDMENT TO URINALYSIS SCREENS FOR CHILDREN SVS. REFERRALS

AGREEMENT W/ MARIE DWYER RECOVERY CENTER. – EXTEND AGREEMENT & SET AGREEMENT AMOUNT – $4,000.00 – JFS

M. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING AN AMENDMENT

RE: AMENTMENT TO FINGERPRINT CHECKS AGREEMENT W/ PREBLE CO. SHERIFF’S DEPT. – EXTEND AGREEMENT & SET AGREEMENT AMOUNT – $9,000.00 – JFS

N. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING AN AMENDMENT

RE: AMENDMENT TO POLICE CHECKS AGREEMENT W/ PREBLE CO. SHERIFF’S DEPT. – EXTEND AGREEMENT & SET AGREEMENT AMOUNT – $250.00 – JFS

28.6 minute mark on cd  

7.52 minutes – 1.80 MB

File 5

9:30 A.M. – KATIE WORTHINGTON & STEVE UNGER (LAWSUIT)

Commissioner DayEXECUTIVE SESSION TO DISCUSS PENDING LITIGATION  Case 310477 – VILLAGE of CAMDEN OHIO vs. BOARD OF COUNTY COMMISSIONERS OF PREBLE COUNTY

A downloadable .pdf copy of the Camden case is available at this link: Camden Leachate Case  (61 pages – 3.66 MB)

Marty Votel, Eric Merit, Katie Worthington and Steve Unger present.

Exit session

34.75 Minute mark    Commissioner Stonecash – At this time we accept a motion C. NOTE RECEIPT OF A COMPLAINT FILED IN U.S. DISTRICT COURT

RE: COMPLAINT FOR DECLATORY JUDGEMENT, INJUNCTIVE RELIEF & MONEY DAMAGES – VILLAGE OF CAMDEN, OHIO VS. BOARD OF PREBLE COUNTY COMMISSIONERS

35.75 minute mark on cd  

7.14 minutes – 1.65 MB

File 6

O. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING AN AMENDMENT

It strengthens nerves and tissues and levitra price http://amerikabulteni.com/2011/11/28/new-york%E2%80%99ta-halal-kaldirim-kebapcilarina-da-harfli-karne-geliyor/ boosts semen volume.

RE: AMENDMENT TO URINALYSIS SCREENS FOR CHILDREN SVS. REFERRALS AGREEMENT W/ TASC – EXTEND AGREEMENT & SET AGREEMENT AMOUNT – $1,000.00 – JFS

P. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING AN AMENDMENT

RE: AMENDMENT TO URINALYSIS SCREEN FOR WORK ACTIVITY AGREEMENT W/ TASC – EXTEND AGREEMENT & SET AGREEMENT AMOUNT – $500.00 – JFS

Q. NOTE RECEIPT AND CONSIDER APPROVAL BY SIGNING AN AGREEMENT

RE: GENERATOR MAINTENANCE AGREEMENT W/ BUCKEYE POWER SALES CO., INC. – $1,116.33 – SHERIFF

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

RE: FINGERPRINT MACHINE MAINTENANCE AGREEMENT W/ IDENTIX BIOMETRIC SOLUTIONS – $6,042.00 – SHERIFF

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

RE: FIRE SYSTEM & FIRE EXTINGUISHER TESTING & INSPECTION SERVICE AGREEMENT W/ KOORSEN FIRE & SECURITY – $749.80 – SHERIFF

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

RE: CONCRETE CUTTING SERVICES AGREEMENT W/ CONCRETE CORING CO. – $3,000.00 – ENGINEER

U. NOTE RECEIPT OF & CONSIDER APPROVAL BY SIGNING AN AGREEMENT RE: RURAL ZONING COMMISSION MEMBER SERVICES AGREEMENT W/ JAMES MCKEE – $600.00 – RURAL ZONING

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

RE: OFFICE LEASE AGREEMENT W/ PREBLE CO. MHRB – $12,000.00 – TASC

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

RE: URINALYSIS SERVICES AGREEMENT W/ JAN SPITLER – $3,744.00 – TASC

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

RE: PROVISION OF UNIFORMS AND TEXTILES/ TOOLS AGREEMENT W/ CINTAS CORP. – $7,900.48 – LANDFILL

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

RE: AGREEMENT EXTENDING TERMS & CONDITIONS OF LEACHATE TREATMENT & DISPOSAL AGREEMENT W/ UNITED WASTEWATER SERVICES – $200,000.00 – LANDFILL

Z. NOTE RECEIPT OF & CONSIDER APPROVAL BY SIGNING AN AMENDMENT

RE: AMENDMENT TO HVAC MAINTENANCE AGREEMENT W/ MECHANICAL SYSTEMS OF DAYTON – EXTEND AGREEMENT & SET AGREEMENT AMOUNT – $2,000.00 – ENG.

AA. NOTE RECEIPT OF & CONSIDER APPROVAL BY SIGNING AN AMENDMENT

RE: AMENDMENT TO CARPET CLEANING AGREEMENT W/ CLEEN CARPET CARE – EXTEND AGREEMENT & SET AGREEMENT AMOUNT – $1,700.00 – ENGINEER

BB. NOTE RECEIPT OF & CONSIDER APPROVAL BY SIGNING AN AMENDMENT

RE: AMENDMENT TO VEHICLE ALIGNMENT AGREEMENT W/ TRACY GREEN – EXTEND AGREEMENT & SET AGREEMENT AMOUNT – $1,500.00 – ENGINEER

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

RE: SOFTWARE SUPPORT AGREEMENT W/ SOFTWORKS, INC. – $2,045.00 – ENG.

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

RE: OVERHEAD DOOR MAINTENANCE AGREEMENT W/ GREENVILLE DOOR SALES – $1,000.00 – ENGINEER

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

RE: FURNANCE MAINTENANCE AGREEMENT W/ GINGERICH’S CLEAN BURN, INC. – $1,800.00 – ENGINEER

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

RE: JANITORIAL SERVICES AGREEMENT W/ L&M PRODUCTS – $3,800.00 – ENG.

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

RE: SEPARATOR TANKS MAINTENANCE AGREEMENT W/ U.S. VAC SERVICES, INC. – $9,000.00 – ENGINEER

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

RE: JANITORIAL SERVICES AGREEMENT W/ CARTER CLEANING ENTERPRISES – $3,120.00 – ENGINEER

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

RE: HVAC MAINTENANCE AGREEMENT W/ SOUTHWESTERN OHIO HEATING & AIR CONDITIONING, INC. – $2,000.00 – ENGINEER

JJ. NOTE RECEIPT OF & CONSIDER APPROVAL BY SIGNING (12) CONTRACTS

RE: SUBSTITUTE CARE SERVICES CONTRACTS W/ AGAPE FOR YOUTH, INC.;ADRIEL SCHOOL, INC.; OASIS THERAPEUTIC FOSTER CARE NETWORK, INC.; CHILDREN HAVE OPTIONS IN CARING ENVIROMNENTS, INC.; STARR COMMONWEALTH; THE BAIR FOUNDATION OF DAYTON, OHIO; DIVERSION FORSTER CARE OF OHIO, INC.; ST. JOSEPH ORPHANAGE; NATIONAL YOUTH ADVOCATE PROGRAM, INC.; ENA, INC.; MID-WESTERN CHILREN’S HOME; ST. ALOYSIUS ORPHANAGE – $1,000.00 EACH – CHILD. SVS.

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

RE: SCRAP METAL COLLECTION SERVICES AGREEMENT W/ RECYCLING CENTER, INC. – $5,000.00 – RECYCLING

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

RE: HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT W/ ENVIRONMENTAL ENTERPRISES, INC. – $24,070.35 – RECYCLING

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

RE: SCRAP TIRE COLLECTION SERVICES AGREEMENT W/ LIBERTY TIRE, INC. – $24,000.00 – RECYCLING

59.25 minute mark on cd  

23.27 minutes – 5.37 MB

File 7

X. TRAVEL

NOTE RECEIPT AND CONSIDER APPROVAL OF THE FOLLOWING TRAVEL REQUESTS:

A. RES. # 36-11-148 – SEAN MAGGARD – GIS   no cost to the county

1 hr.  3.25 minute mark    10:30 A.M. – MARTY BRESHER (RETIREMENT)

Marty – Hey guys I am retiring after all this time.

44 years working for the county. Would like a big party on the 21st.

1 hr.  5 minute mark   Commissioner Stonecash – reads retirement letter into the record.

Commissioners offer compliments on years of fine service to Preble County. Wish her the best.

Marty was Zoning Director for 40 years.

1 hr.  10.5 minute mark on cd  

11.14 minutes – 2.57 MB

File 8

Between meeting chit chat with Mike Zimmerman of the Register Herald.

1 hr.  19.4 minute mark on cd  

8.55 minutes – 2.04 MB

File 9

1 hr.  19.5 minute mark   Commissioner Stonecash – Connie do you have anything that you would like to talk about?

Connie – I had a conversation with Mindy yesterday regarding the questions that came from our Monday meeting. (Regards office and equipment for new Office of Land Use Management).

Office of Land Use Management discussion.  

1 hr.  29 minute mark   Connie – I did get a phone call from Pat Holmes (OSU Extension). Dr. Stephen Wright will be in town on January 18, 4:00 p.m. at the Secretary's office at the Fairgrounds for a meeting with the Fairboard. Regards Extension Office and Senior Fairboard relationship.

1 hr.  31 minute mark   Commissioner Chris Day – Maybe we will have good news by then.

Commissioner Stonecash – What else do you have dear?

Connie – I did get the MVRPC representative designation. David Wesler will be representative and Bob Stonecash alternate.

1 hr.  32.5 minute mark    Loss control duties in the county. Public Employment Risk Reduction Program. Filed online February 1.

Loss Control Coordinator discussion. County does not currently have one.

1 hr. 40.1 minute mark on cd  

20.46 minutes – 4.75 MB

File 10

11:00 A.M. – BID OPENING – 2011 AGGREGATE

Commissioner Stonecash – reads bid information into record.

Six bids.

Bids are to supply the Preble County Engineer & Landfill through December 31, 2011.

2 hr.  .5 minute mark   Bids noted and to be forwarded to the Engineer's Office and Kim Keller.

Nobody showed up in person.

2 hr.  2 minute mark on cd  

21.54 minutes – 5.01 MB

File 11

Commissioner Stonecash – What else do you have for us?

Connie – I have nothing.

Commissioner Stonecash – Mr. Day?

Commissioner Chris Day – I was down to the Sheriff's office one day last week and he showed me an area where they took a wall of a room. No big deal.

Most work being done in house.

Grand Opening at Workforce Cafe. Restaurant being reopened.

Last meeting of Commissioner Stonecash's term as President of 2010 County Commission

ADJOURN

2 hr.  2 minute mark on cd  

4.01  minutes – 941 KB


Leave a Reply