Pork Fest Board Members Voted off of Board over Lawsuit Opposition – DP&L Offers to be Negotiable on Rates After Losing Accounts Due to Electric Aggregation – Legal Representation In New Paris Becomes Turf War

There was no meeting on Monday as the Commissioners were at winter conference in Columbus. The Wednesday meeting was over four hours in length and was fairly interesting.

File 2 was the Public Comments area and there were actually people in chambers to offer them. The first involved an issue with the Pork Festival. There was poor audio on this file but apparently some board members wanted to drop the lawsuit against the county and Ag Society and they were voted off the board. It did not sound like this went over very well.

File 3 is a continuation of the Public Comments segment. Sharon Schroeder with DP&L Energy was in to introduce herself. She discussed the Palmer Energy request and offered that their proposal was negotiable.  My view is they should have lead with their best price but whatever gets the best price for consumers should be fine. Of interest was comments on New Paris and the lighting issue that will have street lights in the village go dark on January 1. The number mentioned previously was a $5,000 cost to have them turned off and another $5,000 to have them turned back on. If this meeting is any indicator that number was way low as $30,000 – $40,000 was mentioned for taking out poles and another $30,000 – $40,000 for putting them back in.  Another issue of concern was the mention of a Monday meeting to be held with Rick Van Winkle on a proposal that would bundle service for New Paris and Jefferson Township together. This would lead to the quoted rate that had been mentioned earlier as being negotiable downward actually going up as the $17,000 Village lighting cost would be absorbed by not only the village but township residents.  Sharon did mention that the price consumers would pay would still be under the current rate. I don’t see that sitting well in the township that also has a good bit of Darke Rural Electric consumers who would not be asked to subsidize New Paris. I think it would also make it harder to pass any village levy in the future. The village leadership was saying the lighting going out was a possibility last summer when an income tax was passed. Signatures were gathered and the issue was put on the ballot and defeated with those consequences being known in advance. Having Jefferson Township consumers help pick up the tab will only add to the belief that the village leadership had the money all along.

File 6 was the landfill monthly meeting and the mention of only 32,000 tons being taken in at the Preble County Landfill for the year. This is a very low number; the leachate set a record though. There needs to be a reassessment of the cost to the Preble County residents and businesses and that includes possible closure.  At less than 88 tons taken in a day I think the question needs to be revisited in detail as the cost of EPA compliance and employees for so little activity will only grow. It is very likely that the number may fall next year as Rumpke passes along the tipping fee increase and the landfill assessments kick in on property taxes.

File 7 is notable as it has the Sheriff transferring money out of the gasoline account to cover other expenses. Since mid year there have been transfers to that account as it ran low because of the high cost of gasoline.

File 10 was interesting because once again the issue of saving New Paris money came into play.  The village had been paying $500 a month for legal representation. Marty Votel was approached by Chief Driver about the idea of the Prosecutor’s office handling the misdemeanor cases. Marty said they could do it for $300 a month.  The plan presented would have an attorney in Marty’s office do the job and essentially get a $300 a month raise for the extra work load. Some of the issues:

1. The impact on the ability of the attorney to handle the current workload and the question of why there is the extra time to do handle New Paris.

2.  This could lead to other villages doing the same thing as a way to cut costs. If they do not it lends the appearance once again of the county as a whole subsidizing the legal representation of New Paris after the village voters turned down an income tax.

3. Last but not least is the question of whether county government should be undercutting local legal aid on price.

Personally I understand the village voters not wanting to pay a 1% income tax on top of a 1.75% income tax but that should come with the realization of limited government. Not the expectations of having others pick up the tab to pay for what they voted against.

At times this meeting appeared like a bit of a turf war.

File 11 was on GIS and what levels of it could be funded with regard to different areas. There is an agreement that has the Auditor to fund 30%, the Engineer 30% and the commission 40%. The Engineer has not been holding up that department’s end of the agreement and that drew comments from Mindy Robbins. I have to agree with Mindy.

File 12 was further discussion on the creation of a Goose Creek Overlay District.

Preble County, Ohio

Preble County Commissioners

December 14, 2011

Three Commissioners in attendance

File 1

I. OPEN MEETING

II. CALL OF ROLL

III. PLEDGE OF ALLEGIANCE

IV. PRAYER

V. 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 DECEMBER 7TH REGULAR SESSION MEETING

End 3.47 minute mark on CD – 889 KB

File 2

VI. PUBLIC COMMENTS

Poor audio

Involves Preble County Pork Festival.

Kim ?

Board members removed who wanted to drop lawsuit??

Security camera issue also involved.

11 Minute mark  Sharon Schroeder with DP&L Energy. Here to introduce herself.

Responded to Palmer Energy request.

11.9 minute mark on cd  

8.14 minutes – 1.88MB

File 3

Sharon Schroeder with DP&L Energy – Had a conversation yesterday with Rick Van Winkle of New Paris.

$30,000 – $40,000 to take down lighting (poles – fixtures) and same to put them back up.

Mention of bundling savings.

Scheduled meeting for Monday to discuss proposal with Rick, bundled service for New Paris and township.

16.25 Minute mark  Commissioner Wesler on talking to DP&L official a couple months ago.

18.3 minute mark on cd  

2.57 minutes – 1.47 MB

File 4

EXECUTIVE SESSION TO DISCUSS COMPENSATION OF PUBLIC EMPLOYEES

Exit – *?

21.25 minute mark on cd  

8.24 minutes – 694 KB

File 5

ENGINEER’S MONTHLY REPORT

23.75 Minute mark  Meeting starts – Kyle Cross

Covered bridge on Camden College Corner Rd. pouring concrete.

32 Minute mark  Employee shuffling positions.

Audio could be better.

48.5 minute mark on cd  

27.17 minutes – 6.24 MB

File 6

LANDFILL MONTHLY MEETING

Tonnage 30,500 tons through the end of November. Expected 32,000 tons for year, previous few years in 36,000 ton range.

52 Minute mark   Lakengren and leachate

1 hr. 9 Minute mark  Mention of new administrative building.

1 hr. 15 Minute mark  Co-Generation Project (gas to energy project) – not much has developed in the last month.

1 hr. 17 Minute mark  Sewer District 2 discussion.

1 hr. 21.5 Minute mark   Sewer District 3 discussion.

1 hr. 27 minute mark on cd  

38.3 minutes – 8.81 MB

File 7

FINANCIAL CONSIDERATIONS

A. CONSIDER APPROVAL OF RES. #695-11-153

RE: TRANSFER – VARIOUS FUNDS Sheriff – gasoline to equipment $1,254.06 (Commissioner Wesler notes money being taken out of gasoline account. Previously money had been added to the gasoline account)

B. CONSIDER APPROVAL OF RES. #696-11-153

RE: TRANSFER – VARIOUS FUNDS

C. CONSIDER APPROVAL OF RES. #697-11-153

RE: AUTH. PAYMENT – SHERIFF ($906.25); ENGINEER ($4,545.70); LANDFILL ($53,482.54); CORONER ($750.00); EMA ($131.98); RURAL ZONING ($488.75); FELONY SUBSIDY ($10,000.00)

D. CONSIDER APPROVAL OF RES. #698-11-153

RE: AUTH. EXPEND. – $16,440.30 FOR INSALLATION OF RADIO EQUIPMENT – SHERIFF

E. NOTE RECEIPT OF (2) AMENDED CERTIFICATES

RE: CERTIFICATE OF ESTIMATED RESOURCES – FY 2012 & HEALTH DEPT. FY 2012

F. CONSIDER APPROVAL OF RES. #699-11-153

RE: FY 2012 TEMPORARY APPROPRIATIONS

Temporary appropriations – General Fund $10,012,555.04 – certificated unappropriated money of $1,851,372.96

G. CONSIDER APPROVAL OF RES. #700-11-153

RE: AUTH. EXPEND. – $12,214.00 FOR PURCHASE & INSTALLATION OF EQUIPMENT FOR NEW CRUISERS – SHERIFF

CORRESPONDENCE & REPORTS

A. NOTE RECEIPT OF A LETTER FROM THE COUNTY ENGINEER

RE: PERSONNEL ACTION – ANTHONY MCWHINNEY AS ENGINEERING TECH II – ENGINEER $20.30 per hour – 120 day probationary period – 5% increase.

B. NOTE RECEIPT OF A LETTER FROM THE COUNTY ENGINEER

RE: NEW HIRE – RANDY BOWSER AS TAX MAP TECHNICIAN – ENGINEER $15.75 per hour – 120 day probationary period – 5% increase.

C. NOTE RECEPT & CONSIDER APPROVAL OF A LEGAL AD

RE: NOTICE OF PUBLIC HEARINGS – ELECTRIC POWER AGGREGATION PLAN OFOPERATIONS & GOVERNANCE

The problem is that this naivete solution doesn’t cialis 20 mg cute-n-tiny.com work.

Monday, January 23 at 11:00 & 4:00 in Commission Chambers.

D. NOTE RECEIPT OF A COURT ORDER FROM JUDGE DUES

RE: TRANSFER OF FUNDS

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

RE: ZONING CASES #1300 & #1301

F. NOTE RECEIPT OF A LETTER FROM THE HEALTH DISTRICT

RE: SATISFACTORY LANDFILL & SCRAP TIRE COLLECTION FACILITY INSPECTION

G. NOTE RECEIPT OF A REPORT FROM THE SHERIFF’S DEPARTMENT

RE: MONTHLY JAIL REPORT – NOVEMBER 2011

91 male admissions

20 female admissions

110 releases

Average daily count of 52

4968 meals served.

AGREEMENTS & CONTRACTS

A. NOTE RECEIPT OF & CONSIDER APPROVAL BY SIGNING A LETTER TO WILLIAM C. HOUSE

RE: TERMINATION OF TURF MAINTENANCE AGREEMENT FOR 125 S CHERRY ST. PROPERTY – COMMISSION

Courthouse staff will take over duty.

1 hr. 44 minute mark on cd  

17 minutes – 3.89 MB

File 8

RECYCLING MONTHLY MEETING

2 hr. 11 minute mark on cd  

27 minutes – 6.18 MB

File 9

Connie – You know last week we talked about renewal of some members on the zoning board.

Discussion on evaluations and attendance.

2 hr. 19 minute mark on cd  

8.02 minutes – 1.83 MB

File 10

PREBLE COUNTY BUDGET COMMISSION

2 hr.  20.5 Minute mark   Meeting starts. See Mindy's report – posted below.

2 hr.  32.5 Minute mark   Marty Votel on New Paris.

Audio could be a lot better.

Marty was approached by Chief Driver about this idea. New Paris was spending about $500 a month getting their misdemeanors prosecuted. Marty offered to have office do it for $300 a month. Two year contract signed at the $300 per month to be paid quarterly. Plans to sign over checks to the county General Fund. Marty wants to increase salary of one of his prosecutors by that amount.

Mindy offers her views on how to do it.

2 hr.  38.25 Minute mark  Commissioner Wesler – Since New Paris has approached you what if all of the other villages at some point approach you. What is the next step.

Marty would consult and see what her case load is to see if she can handle it.

Commissioner Wesler – What happens if there is a township issue and a village issue… what would happen then?

Marty – Again, she is only going to be prosecuting misdemeanor criminal cases. I work with the townships I am their civil advisor. Audio issue.

Commissioner Stonecash saying something but it cannot be made out.

Marty – on issue

Commissioner Wesler – I think we have to be cautious here because when other departments in the courthouse take on you know additional duties and ahh and there is a monetary value involved there. Does that mean they are going to be getting additional compensation?

Marty – I can't speak to that. I — the agreement. I intend to abide by it and — this meeting to discuss how to best handle the incoming money and get that money into —  Audio issue.   

Commissioner Day – poor audio  

Please listen to audio file and draw your own conclusion. Most of it can be heard/made out but not all of it.

2 hr.  45 Minute mark  Mindy offers more opinion, reports that some counties are doing this.

Commissioner Wesler – Seeing how we just got information on this, this morning…. are there other county assistant prosecutors getting paid the full amount of the contract with certain municipalities?

Mindy – They are contracting with these other municipalities as well. Just like Marty had under this particular code section. Additional compensation and just as he is doing for his employees to be able to allow them additional compensation for the extra work that they are doing. And again identifying the fact that it is only for these types of services that he can perform for them. 

Marty – My take on it is that it just makes good sense on it for Preble County taxpayers. Instead of having a separate attorney under separate contract making $6,000 a year for New Paris. I've already got an attorney there who is already working for the county, who is already at the courthouse who is now doing it for $3,600 almost half price. It's a win win.

Mindy – …. our Sheriff's department already contracts with other municipalities because those municipalities cannot afford police services. Discussion on setting up a fund.

2 hr.  48.5 Minute mark   Connie – So Marty, You know when we adjust an employee's salary and say you decide not to contract them with them down the road. Is that going to cause a problem with adjusting the employees' salaries?

Marty – It will have to be done. Readjusted downward to account for the lesser workload and lesser income.

Connie – You don't see a problem there?

Marty – I don't foresee. I foresee the arrangement progressing smoothly and the contract being renewed indefinitely. I don't foresee that ever becoming an issue. If it should become an issue, if it becomes unworkable or my office doesn't wish to do it anymore — a downward adjustment could be made. Does that answer your question?

Mndy compares it to a stipend.

2 hr.  53.5 Minute mark   Commissioner Wesler – I understand the concept that you are proposing. I guess where I am struggling with this and want to think about it a little bit longer is that ahh you've said that ahh you're supplying New Paris with a cheaper rate than what was. Then why wouldn't every other municipality unless they have a really good relationship with their Solicitor jump on jump on the prosecutor's bandwagon and go for it also? And then as all of those additional contracts going to be placed upon the employee that is taking care of that? That is where my concern comes Marty. I want to think about it. Let me go further; Is Gractia busy right now? Is she fairly busy with the county?

>>>> Marty – My decision and I mean this respectfully, whether I enter this contract or not is mine. This discussion is about how this money is going to be paid. And whether I enter contracts with Lewisburg, Camden or anyone else who may approach me, again will be my decision and my determination based upon my conversations with my employees. So I don't think the commission needs to be worried about those type of issues. It needs to worried about how best to take this money in.

2 hr.  56 Minute mark   Mindy raises issue of $300 a month payment coming in quarterly and the first payment not coming in until March. She how ever has it figured at 26 pay periods starting at first payrolls of the year.

Connie – I thought you were going to pay them four times a year…

3 hr. 5.6 minute mark on cd  

46.4 minutes – 10.6 MB

File 11

Commissioner Wesler – Oh my 12:15 already.

RECESS FOR LUNCH

GIS MEETING – FUNDING & PROJECTS

3 hr.  7 Minute mark   Meeting starts.

12 inch pixel.

Extended discussion on what departments would like and costs.

3 hr.  30.5 Minute mark   Mindy on the sharing of costs. The cost was to be shared in a 30%-30%-40% split between the Auditor – Engineer – Commission at 40%.  Engineer Department under contribution issue.

3 hr.  43 Minute mark  Mindy asks if Engineer department "…will be able to put in by the end of the year the amount that you had agreed $31,880 by the end of the year? Yes no?

3 hr. 48.5 minute mark on cd  

42.52 minutes – 9.81 MB

File 12

KATIE WORTHINGTON – GOOSE CREEK CROSSING OVERLAY DISTRICT

Pre-trial conference on the Pork Fest lawsuit has been moved to January 9, 2012 at 1:45. Judges chambers.

Discussion on overlay.

3 hr.  49.8 Minute mark   Katie – Our zoning code does not have the language in it for the commissioners to create an overlay P.U.D district. So we need to add that to our zoning code if we are going to do something like that.

Extended discussion on issue.

4 hr.  12.5 Minute mark   Commissioner Wesler – How are you coming with that LePaul fuel station opinion?

Katie – I have not gotten to it really.

4 hr. 13.75 minute mark on cd  

25.12 minutes – 5.76 MB

File 13

4 hr.  15 Minute mark   Commissioner Stonecash gets visit from his grandson.

Discussion on renewal of Zoning Board members. Five members on board.

Commissioner Stonecash wanting a way to evaluate board members.

ADJOURN

4 hr. 21.7 minute mark on cd  

8 minutes – 1.83 MB


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