Commission Elects Officers – Public Questions on Sunshine Law Violations

I’d like to thank Beth Cox for informing me about this meeting.

This meeting had the annual election of County Commission Board officers. Like last year, this had the appearance of a complete sham and of a decision being made before the meeting. Once again, this demonstrated reasons against electing two commissioners that are from the same area and friends that have vacationed together. Creech, after reciting a bogus set of reasons for not electing Commissioner Robertson as President, then turned around and nominated her as Vice President. Creech mentioned the 911 issue as justification and those familiar with that issue know that Commissioner Robertson was against meeting individually, out of chambers, with the Sheriff and Eaton officials. Her reasoning being that the meetings should be on the public record. Robertson entered attendance reports into the record for the Planning Commission. Commissioners are appointed to that board and it is an obligation. The reports showed Creech had not attended any meetings last year and only two in 2016. Creech replied that he had attended, but later discussion showed he had not, but had called “Cindy”.  Creech claimed he had attended Fair Board meetings held the same night (Commissioners are not appointed to the Fair Board and under no obligation to attend). Commissioner Robertson stated that calling Cindy and giving her an excuse is not the same as showing up for an obligation.

Day seconded his own nomination and was elected when Rodney and he voted in favor with Robertson abstaining.

Creech then nominated Robertson for VP and Creech and Day voted in favor with Robertson abstaining.

That was just the first six minutes.

File two (under 9 minutes) was the “Public Comments” period. Ellen Horton was in to ask questions that she had previously emailed but had not received answers from Day and Creech. Beth Cox received what was perhaps the rudest treatment by a county commissioner on record. Please listen to the audio and hear the tone exhibited by Creech. If you know any Creech supporters, you might want to pass this meeting on to them. I have done what I can with the audio but there are comments that I just could not make out. I’ve transcribed it as best I could, but please listen. The tone and comments of Junior Commissioner Creech should be heard and noted by county voters. I found it troubling, but you decide.

I did not review rest of the meeting but have provided links to the audio if anyone wants to listen.

Preble County Commissioners

January 8, 2018

Three Commissioners in attendance

File 1

5 minutes 36 sec. – 1.28 MB

I. OPEN MEETING

II. CALL OF ROLL

III. PLEDGE OF ALLEGIANCE

IV. PRAYER

V. REORGANIZATION OF THE BOARD

A. CLERK TO ACCEPT NOMINATIONS FOR PRESIDENT OF THE BOARD FOR FY18

B. PRESIDENT ACCEPTS NOMINATIONS FOR VICE PRESIDENT OF THE BOARD FOR FY18

2.4 minute mark    Junior Commissioner Creech nominates current President Chris Day as President. Chris Day seconds his own nomination. With only a momentary pause between Creech and Day this smells bad and can only add to the public perception of being decided before the meeting.

Commissioner Robertson – I thought the plan would be to hand it back to Rodney; I am a little surprised by this. Is there a reason why I am an unacceptable choice?

Junior Commissioner Creech – I said it last year.

Commissioner Robertson – What was that?

Junior Commissioner Creech – You're disconnected, not engaged with the community. I think with the 911 dispatch was a great example of that. Probably one of the biggest decisions we've ever made in the county and you didn't talk to the Sheriff or the City about it. And that's not being engaged, you can't wait for the information to come to you. You have to go get it. I said it before and I'm standing by it again, get engaged.

Commissioner Robertson – Well just for the record. For someone who is not engaged – I asked the attendance records for the Planning Commission and the two of you did not attend the Planning Commission meetings at all last year.  

Junior Commissioner Creech – Yea I did.

Commissioner Robertson – According to the record you didn't.  

Junior Commissioner Creech – I missed the last couple.

Commissioner Robertson – Then in 2016 you attended two.  

Junior Commissioner Creech – I can tell you that this is on the same night as the Fair Board meetings which I always call Brad, which I can verify that or I call Cindy and tell her I am not coming. But if this is what you are hanging your hat on I'll go get the list of the thousands of things went to that you didn't come to. If you want to play that game. But I will have that updated.

Commissioner Robertson – The public meeting – the social things that you attend may be important to you but this is an obligation that we have. I just thought it funny that I'm the no show but there's the attendance records.  

Junior Commissioner Creech – I call Cindy.

Commissioner Robertson –  Calling Cindy and giving her an excuse is not the same as showing up for an obligation.

Junior Commissioner Creech – A lot of times if there are two things going on one night there's a reason and I'm glad you nitpick on that. That's pretty sad.   To the best of my memory, county commissioners have never had an obligation to attend Fair Board meetings.

Commissioner Robertson – Just pointing it out.

Junior Commissioner Creech – That means I have two things going on in one night. I'm sorry; I'm still representing the county somewhere.

Commissioner Robertson – And I represent the county well.

Junior Commissioner Creech – Anyways that's my reason Chris.

Commissioner Day – Sarah will you call the roll?

Sarah – Commissioner Creech?

Junior Commissioner Creech – Yes

Sarah – Commissioner Day?

Commissioner Day – Yes

Sarah – Commissioner Robertson?

Commissioner Robertson – Abstain

Sarah – At this time we will accept nominations for Vice President of the Board.

Junior Commissioner Creech – I move that Denise be Vice President. The hypocrisy here is utterly laughable with regard to any validity to Rodney's previous comments regarding Commissioner Robertson.

Commissioner Day – Second. Discussion? Sarah will you call the roll?

Sarah – Commissioner Creech?

Junior Commissioner Creech – Yes

Sarah – Commissioner Day?

Commissioner Day – Yes

Sarah – Commissioner Robertson?

Commissioner Robertson – Abstain

File 2

VI. PUBLIC COMMENTS

Commissioner Day – Public Comments

Ellen Horton – I sent an email to the commissioners asking that the questions be answered on the public record. Poor audio   She asks about 911, prior meetings and were they announced prior to the meetings. Commissioner Day tells her they on the agenda that is posted on the Internet. I have copies of all the agendas going back to October of 2005. From May 22, 2015 to September 25, 2017 there was zero mention on any Preble County Commission agendas regarding 911 dispatch merger or consolidation. I had a previous exchange with Junior Commissioner Creech and asked him to prove me wrong and give me any date that I missed – He never answered. To the best of my knowledge – Commissioner's Day's comment is false if he is claiming otherwise.   

Ellen Horton – Have you had any meeting with both parties, the city council of Eaton and the county commission and open discussion with the public?

Commissioner Day – In here. In our meeting here – yes. The City Manger speaks on behalf of the city council.

I recommend listening to this audio exchange as I am not the best at transcription and it would take a long time with the need to listen to some of this more than once.   

Ellen Horton asks how many meetings. Day says more than one Creech says 3 or 4 but he does not know.

Question on plan to funding after Eaton is done paying.

8 minute 45 second    Ellen finishes.

Beth Cox from Eaton. Poor audio   

Beth asks what they are going to do if there is no money to fund the merger.

Commissioner Day – We will have to cross that bridge when we get to it. One of the options would be reduction…

Beth asks about a penalty and Chris says there is one. Beth mentions a number and Chris says it is in the ball park.

10 minute 30 second    Beth comments on the election just held by the Board. She mentions issue with commissioners going and meeting individually with the city officials and sheriff – discussions about the county spending money should be held in this room. Mentions sunshine laws. I am in total agreement with Beth on the issue of sunshine law violation.  

Junior Commissioner Creech – I want to tell you something; being a commissioner

Beth -There are sunshine laws.

Junior Commissioner Creech – Yea but you said there are rules against us meeting, there is not. I can meet with any individual I want, that is my job.  Ok? Being commissioner isn't two days a week it's five actually it is seven days a week.

Beth – I know all about the rules.

Junior Commissioner Creech – You obviously do not.

Listen to this audio file and the exchange and tone of voice of junior commissioner Creech.   The sunshine law is when two elected officials are in the same room, I've never done that – ever.  A review of the definition of "Round Robin meeting".

_____________________

Round-robin or Serial “Meetings”

 

 

Unless two members constitutes a majority, isolated one-on-one conversations between individual members of a public body regarding its business, either in person or by telephone, do not violate the Ohio Open Meetings Act.825 

However, a public body may not “circumvent the requirements of the Act by setting up back-to-back meetings of less than a majority of its members, with the same topics of public business discussed at each.” 

Such conversations may be considered multiple parts of the same, improperly private, “meeting.”826

 

 

 

Junior Commissioner Creech – So there is no sunshine law violation. You got to get away from that or prove it. Cause you're not going to….All decisions are made in these chambers. 100% of the decisions.

Beth … true… I sincerely doubt it.

Junior Commissioner Creech – I guarantee it. It doesn't matter if you doubt it or not. Like I said; I sleep great every night. I can assure you that.

Beth ….

Junior Commissioner Creech – I have no issues with what I've said or done. I work hard for the county. I work 6 -7 days a week for the county. I made missed the Planning Commission meetings because there were other things going on. Commissioners are appointed to the Planning Commission. There are no commission appointments made the Fair Board.   I am busy every night. So don't stand there and tell me that can't talk to people out in the county. That is insane, that's my job. I to talk to people every day.

Beth – You are putting words in my mouth.

Junior Commissioner Creech – No I'm not.

Beth – I didn't say you couldn't talk to people in the county; of course you can talk to people in the county. But you can't be going around making plans by yourself.

Junior Commissioner Creech – I didn't. You know who I had lunch with on Friday? Brad Collins from the City of Eaton. Do you know why I had lunch with him? Because I wanted to. Ok? It's called business, so I am sure you don't get it.

Beth – I'm just going to say that I do get it and that is all I have to say today.

Junior Commissioner Creech – Thanks.

13.75 minute mark on cd  

8.8 minutes – 1.86 MB

File 3

Alright, after those two opening audio files I am going to call it a day and include the rest of this one file.  

21.4 minute mark on cd  

51.2 minutes – 11.7 MB

File 4

This meeting came with two audio files. The second is posted below:  

Opens with an exit from Executive session – discussion on employment of a public employee. No action taken.

IX. FINANCIAL CONSIDERATIONS

A. NOTE RECEIPT OF (2) COURT ENTRIES FROM JUDGE OVERMYER

RE: COLLECTION OF COURT COSTS TASC FEES – OCTOBER, NOVEMBER & DECEMBER 2017; SPECIAL FUNDS PROBATE MAGISTRATE FEES – DECEMBER 2017

B. CONSIDER APPROVAL OF RES. #46-18-182

RE: MORAL OBLIGATION – TASC

C. CONSIDER APPROVAL OF RES. #47-18-182

RE: AUTH. EXPENDITURE – $25,885.00 – DEICING SALT – ENGINEER

D. CONSIDER APPROVAL OF RES. #48-18-182

RE: TRANSFER OF FUNDS – VARIOUS DEPTS.

E. CONSIDER APPROVAL OF RES. #49-18-182

RE: TRANSFER OF FUNDS – VARIOUS DEPTS.

F. CONSIDER APPROVAL OF RES. #54-18-182

RE: AUTH. EXPENDITURE – $10,000.00 – PRISONER HOUSING – MERCER CO. – SHERIFF

G. CONSIDER APPROVAL OF RES. #55-18-182

RE: AUTH. EXPENDITURE – $10,000.00 – PRISONER HOUSING – WAYNE CO. – SHERIFF

X. CORRESPONDENCE & REPORTS

A. NOTE RECEIPT OF & CONSIDER APPROVAL BY SIGNING A LETTER TO ALL COUNTY EMPLOYEES

RE: ANTI-DRUG ABUSE ACT OF 1988

B. NOTE RECEIPT OF & CONSIDER APPROVAL OF (2) LEGAL ADS

RE: ZONING CASE #1448 & #1449 TO BE HEARD ON JANUARY 31, 2018

C. NOTE RECEIPT OF & CONSIDER APPROVAL OF A HELP WANTED AD

RE: PART-TIME INTERMITTENT COURIER – JFS

D. NOTE RECEIPT OF A LETTER FROM SHERIFF SIMPSON

RE: PROBATIONARY RATE ADJUSTMENT – KRISTI REYNOLDS – SHERIFF

E. NOTE RECEIPT OF A LETTER FROM THE COUNTY ENGINEER & FURTHER CONSIDER RELEASING THE RETAINAGE AS REQUESTED

RE: LEXINGTON SALEM RD RECONSTRUCTION PROJECT

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

RE: PREBLE COUNTY COURTHOUSE PLAZA RENOVATION

G. NOTE RECEIPT OF & CONSIDER APPROVAL OF A LEGAL AD

RE: NOTICE OF PUBLIC HEARING PROPOSED AMENDMENT TO FY16 CDBG DOWNTOWN REVITALIZATION PROGRAM

H. NOTE RECEIPT OF A LETTER FROM THE COMMISSION CLERK

RE: FY18 COUNTY DEPARTMENTAL INVENTORIES

PREBLE COUNTY COMMISSION AGENDA

JANUARY 8, 2018

Page 2 of 3

X. CORRESPONDENCE & REPORTS CON’T

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

RE: PROBATIONARY RATE ADJUSTMENT & PROMOTION – LONNIE HUFFGARDEN – BLDG. MAINT.

J. CONSIDER APPROVAL OF RES. #56-18-182

RE: AFFIRMING AN AMENDMENT TO THE ZONING RESOLUTION OF PREBLE COUNTY FOR REGULATIONS OF AREAS OF SPECIAL FLOOD HAZARD

K. CONSIDER APPROVAL OF RES. #57-18-182

RE: AFFIRMING AN AMENDMENT TO THE ZONING RESOLUTION OF PREBLE COUNTY TO CORRECT TYPOGRAPHICAL ERRORS AND ENSURE CONSISTENCY, CLARITY AND UNIFORMITY THROUGHOUT SAID DOCUMENT

L. CONSIDER APPROVAL OF RES. #58-18-182

RE: AFFIRMING AN AMENDMENT TO THE ZONING RESOLUTION OF PREBLE COUNTY

TO AMEND SECTION 1103.02 – M. CEMETERIES

M. CONSIDER APPROVAL OF RES. #59-18-182

RE: AFFIRMING AN AMENDMENT TO THE ZONING RESOLUTION OF PREBLE COUNTY TO CREATE ARTICLE XI: PROCEDURE AND REQUIREMENTS FOR ADMINISTRATION OF CONDITIONAL USES 1103.02 TT FOR SOLAR ENERGY SYSTEMS

N. NOTE RECEIPT OF & CONSIDER APPROVAL BY SIGNING A GRANT APPLICATION

RE: SCRAP TIRE COLLECTION/ AMNESTY APPLICATION W/ OHIO EPA – $15,000.00 – RECYCLING GRANT

XI. APPOINTMENTS

A. NOTE RECEIPT OF & CONSIDER APPROVAL OF AN APPOINTMENT

RE: DON POPP – COUNTY APIARIST FOR 2018

B. CONSIDER APPROVAL OF RES. #50-18-182

RE: APPOINTMENT OF COMMISSIONER TO THE MICROFILM BOARD

C. CONSIDER APPROVAL OF RES. #51-18-182

RE: APPOINTMENT OF COMMISSIONERS TO THE PREBLE COUNTY INVESTMENT ADVISORY BOARD

XII. AGREEMENTS & CONTRACTS

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

RE: ADDENDUM #1 TO THE PREBLE COUNTY PUBLIC SAFETY SOFTWARE RFP – CHANGE TO SECTION 1.32, FOREIGN CORPORATIONS

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

RE: AMENDMENT TO THE FINGERPRINT CHECKS AGREEMENT W/ THE SHERIFF’S OFFICE – EXTEND 1 YR. – $12,000.00 – JFS

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

RE: PSYCHOTROPIC DRUG REIMBURSEMENT PROGRAM FUNDING AGREEMENT W/ PREBLE COUNTY MHRB – SHERIFF

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

RE: TRASH PICK SVS. AGREEMENT W/ RUMPKE – $2,141.28 – BLDG. MAINT.

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

RE: AMENDMENT TO THE COMPUTER SVS. AGREEMENT W/ EATON COMPUTER – EXTEND 2 YRS. – $6,000.00 – ENGINEER

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

RE: ADDENDUM #13 TO THE ENGINEERING SVS. AGREEMENT W/ T&M ASSOCIATES – EXTEND AN ADD’L YEAR – LANDFILL ($297,000.00) & LANDFILL CONSTRUCTION ($158,000.00)

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

RE: 2018 SECURITY MONITORING AGREEMENT W/ NORTHWESTERN OHIO SECURITY SYSTEMS, INC – $519.00 – LANDFILL

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

RE: EMERGENCY LEACHATE HAULING & DISPOSAL AGREEMENT W/ VALICOR ENVIRONMENTAL SERVICES – $50,000.00 – LANDFILL

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

RE: TEMPORARY LABOR AGREEMENT W/ MANPOWER RICHMOND – $16,000.00 – LANDFILL

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

RE: COMPUTER SUPPORT SVS. AGREEMENT W/ DTGI – LANDFILL (9,000.00) & RECYCLING ($3,000.00)

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

RE: OVERHEAD DOOR MAINTENANCE/ REPAIR AGREEMENT W/ GREENVILLE DOOR SALES, INC – $1,000.00 – ENGINEER PREBLE COUNTY COMMISSION AGENDA

JANUARY 8, 2018

Page 3 of 3

XIII. TRAVEL

A. RES. #52-18-182 – COMMISSIONER DAY – COMMISSION

B. RES. #53-18-182 – DAWNA SIMPSON – JUVENILE CT.

XIV. MEETINGS

10:00 A.M. – MELINDA MORRISON – EXTENSION OFFICE

11:30 A.M. (APPROX.) – RECESS FOR LUNCH

XV. ADDITIONAL ITEMS

XVI. ADJOURN

1 hr. 4.13 minutes – 14.7 MB