MINUTES OF MEETING FULTON COUNTY BOARD OF COMMISSIONERS COMMISSIONERS SESSION ROOM JULY 5, :00:00 AM

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1 MINUTES OF MEETING FULTON COUNTY BOARD OF COMMISSIONERS COMMISSIONERS SESSION ROOM JULY 5, 2011 Call Meeting to Order 9:00:00 AM Pledge of Allegiance Opening Prayer Roll Call Attendance All members present 9:01:06 AM Resolution Approve Minutes of June 30, 2011 Commissioner Rupp made the motion and Commissioner Genter seconded the motion. Motion carried unanimously. 9:01:53 AM Resolution Approve Agenda As Presented Commissioner Genter made the motion and Commissioner Rupp seconded the motion. Motion carried unanimously. 9:02:13 AM OLD BUSINESS: Review Month End Financial Reports Vond Hall, County Administrator, presented the Board with month-end and mid-year financial reports for their review. He further presented a fund summary report showing that even with the increased revenue due to sales tax, we have only spent $38K less than what was brought in. This is largely attributed to the amount needed for kids in custody this year. So far this year we have spent $275K for kids in custody, last year it was $274K for the whole year. Mr. Hall indicated that this is because many are not IV-E eligible and therefore cannot receive federal reimbursements to offset the costs. This is always a variable in the budget because the number of kids placed in custody cannot be controlled; only reacted to. Mr. Hall further presented a revenue report and a year over year comparison expense report. He stated that he is making a few changes to the tax budget and will present for their review on Monday for adoption next Thursday. 9:09:57 AM Discuss Change Orders for Senior Center Exterior Vestibule Project Poggemeyer Design Group submitted 3 change orders for the Senior Center ADA Project: Change Order #3 to decrease the contract by $ for a reduction in the square footage of concrete sidewalk; and Change Order #4 to increase the contract by $929.50; and Change Order #5 to extend the substantial completion date by 10 days. Page 1

2 Commissioner Barnaby indicated that he is aware that there were troubles in the beginning getting the aluminum needed. Commissioner Genter stated that it was in the original specs. Commissioner Rupp stated that he is ok with the deduct, however his concern is that we did not receive the same credit going back in. He is further not in favor of giving an extension. Mr. Hall stated that the storefront contractor cannot get in there until the 11 th and the electrician won t finish until the storefront is done. The landscaping is not finished yet either. Even with the extension it is going to be tight. Commissioner Genter states that he agrees with Perry, however thinks it best to just get the project done. Resolution Approve Change Orders No. 3, 4, & 5 to Contract with Midwest Contracting for Senior Center ADA Project Commissioner Genter made the motion to approve the 3 change orders as presented and Commissioner Barnaby seconded the motion. Motion carried unanimously. 9:16:20 AM NEW BUSINESS: Resolutions: Resolution Transfer Appropriations for Sanitary Engineer Commissioner Barnaby made the motion and Commissioner Rupp seconded the motion. Motion carried unanimously. 9:17:52 AM Resolution Authorize Board President to Execute Subordination Agreement for FY06 CHIP Loan Commissioner Genter made the motion and Commissioner Rupp seconded the motion. Motion carried unanimously. 9:19:36 AM Resolution Enter Into Contract with Cargill Inc Deicing Technologies for Rock Salt for 2011/2012 Ice Control Commissioner Genter made the motion and Commissioner Rupp seconded the motion. Motion carried unanimously. 9:21:11 AM Resolution Establish New Line for Adult Probation Department and Transfer Appropriations for Western District Court Commissioner Barnaby made the motion and Commissioner Rupp seconded the motion. Motion carried unanimously. 9:22:05 AM Resolution Enter Into Contract for Purchase of Real Property Commissioner Genter made the motion and Commissioner Rupp seconded the motion. Roll call vote: Barnaby, yes; Genter, yes; Rupp, yes. Motion carried unanimously. 9:24:18 AM Resolution Approve Leave of Absence for JFS Employee Commissioner Barnaby made the motion and Commissioner Rupp seconded the motion. Motion carried unanimously. Page 2

3 9:24:55 AM Resolution Approve Purchase Orders and Travel Requests Commissioner Barnaby made the motion and Commissioner Genter seconded the motion. Motion carried unanimously. 9:25:52 AM Recess 9:33:27 AM Bid Opening FY2010 CDBG Fayette Gamble Street Widening Project The engineer s estimate for the general trades portion of the project is $129, and the engineer s estimate for the electrical trades portion is $77, One bid was received: Gerken Paving, Inc. Napoleon, Ohio Bid bond submitted General Trades: $116, Electrical Trade: No Bid The bid was turned over to Steve Brown, Regional Planning Director, for review and recommendation for moving forward. 10:02:42 AM Bid Opening Asphalt Resurfacing Project The original engineer s estimate for this project was $1,458, An addendum was filed on June 27 th to revise this amount to $1,349, This addendum must be acknowledged o the bidders unit price bid schedule. One bid was received: Gerken Paving, Inc. Napoleon, Ohio Bid bond submitted $1,220, The bid was turned over the County Engineer for review and recommendation for award of bid. 10:04:20 AM Recess 10:05:09 AM 2nd Public Hearing on FY2011 CDBG Formula Program Commissioner Barnaby opened the hearing and turned it over to Steve Brown, Regional Planning Director. Mr. Brown stated that in February the 1 st hearing was held on all of the programs and it is required that a 2 nd hearing be held on each individual program. He stated that the Ohio Department of Development has confirmed that Fulton County is eligible for $131K and Wauseon, which is an acquired city, is eligible for $31K, for a total of $162K. This is down about $15K from last year. He then went through all of the FY2011 Formula Applications: Page 3

4 Village of Lyons Park Restroom Improvements CDBG request $35,000 Village portion $40,000 Total project cost $75,000 They currently qualify as LMI and have a valid income survey Village of Metamora Playground Equipment CDBG request $19,960 Village portion $ 5,000 Total project cost $24,960 They currently qualify as LMI and have a valid income survey Village of Fayette W. Industrial Parkway Impr CDBG request $40,000 ODOD funding $80,000 Village portion $93,019 Total project cost $213,019 The need here is for economic development purposes. Job creation has already started. The village is currently trying to validate their income survey. Chesterfield Township Road 16-3 Paving CDBG request $54,600 Village portion $54,600 Total project cost $109,200 This has already been designated as a CDBG reinvestment area. They are the only township that is more than 51% township wide. Fulton County Pleasant View Sanitary Sewer Imp CDBG request $100,000 Other $0 Total project cost $100,000 The Sanitary Engineer is currently seeking other funding sources also. City of Wauseon - Acquisition of property/demo CDBG allocation $26,000 Other: currently unknown They are planning to purchase a corner lot south of the NSP Property owned by the county and demo the house. Then a backyard could be negotiated for some back yard space for the county owned property. The city is currently speaking with the landowner. The $26 will be used for this along with some city RLF dollars. Mr. Brown stated that the applications are due July 29 th in Columbus. Action should be taken within the next week or so to determine funding levels. He presented a breakdown of the costs: Page 4

5 Fulton County $131,000 City of Wauseon $31,000 Total Funds $162,000 Administration: Fulton County $19,500 County Fair Housing $2,500 City of Wauseon $4,500 City Fair Housing $500 Breakdown of Allocations: Fulton County $109,000 City of Wauseon $26,000 Total $135,000 Admin $27,000 Total Allocation = $162,000 (= 17% of funds) (= 83% of funds) Commissioner Barnaby asked if anyone would like to speak regarding their application. Mr. Ken Wysong, Mayor, Village of Metamora stated that their park has the fields and playgrounds on opposite ends. A concession stand has been put in and the shelter houses and restrooms have all been revamped. He wants to encourage more people to use the park. If they could put some playground equipment on the other end of the park, it would be an asset to the park and to the community. Ms. Amy Metz, Village Administrator, Village of Fayette stated that the Board has been very generous in the past when allocating funding. This year they are requesting that the industrial parkway be expanded. This is mostly used by TRW. Widening would offer better traffic flow and possibly attract other businesses to the area. 24 jobs have been created, worth $717K worth of wages. With a city tax rate of 1.5% of that ($11K), it can be used toward the project also. The remainder will most likely need to go through Issue II for a small government loan. They are having trouble getting an income survey completed as 40% of their residents are renting and are not as concerned with replying. Mr. Ziad Musallam, Fulton County Sanitary Engineer stated that the project will benefit the Pleasant View Wastewater Treatment Plant located in Swancreek Township. This is a waste water treatment plant that was built in the 1970 s and due to the age of the facility, the presence of the pond, and the current water quality standards, the facility has not been able to meet it NPDES permit limits. The project calls for the installation of 2 sand filters and removal of the pond. This area serves 63 homes. The project is about $100K. He has applied for funding through the CDBG Water and Sewer Program which would cover 50% of the project, if certain criteria are met. The other half could be funded through WPCLF at 0% for 20 years. Steve Brown also stated that as the June 30 th there are no other projects in line for a county RLF. This may be a consideration also. Commissioner Barnaby closed the hearing at 10:23 a.m. Page 5

6 He stated they will take time to review and make a decision next week. 10:23:50 AM Recess 11:30:23 AM Resolution Hold Executive Session Pursuant to ORC (G)(4) to Conduct Collective Bargaining Session Commissioner Genter made the motion and Commissioner Rupp seconded the motion. Roll call vote: Barnaby, yes; Genter, yes; Rupp, yes. Motion carried unanimously. 12:30:00 AM Out of Executive Session No action taken. ADJOURN Approved: Paul D. Barnaby Dean A. Genter Perry L. Rupp Attest: A signed copy of the minutes or a recording of the meeting in its entirety can be obtained in the office of the Clerk of the Board at 152 S. Fulton St, Ste 270, Wauseon, Ohio Page 6

7 R E S O L U T I O N In the Matter of Resolution Approving ) Office of County Commissioners Minutes of June 30, 2011 ) Fulton County, Ohio ) July 5, 2011 The Board of County Commissioners of Fulton County, Ohio met in regular session pursuant to notice, on July 5, 2011, at 152 South Fulton Street, Wauseon, Ohio, with the following members present: Commissioners Paul Barnaby, Dean Genter and Perry Rupp Commissioner moved for the adoption of the resolution herein. THEREFORE BE IT RESOLVED, that after review, the Fulton County Commissioners hereby approve the minutes of Regular Session held June 30, 2011 as presented; and BE IT FURTHER RESOLVED, by the Board of County Commissioners, County of Fulton, State of Ohio that it is found and determined that all formal actions of this Board of County Commissioners, County of Fulton, State of Ohio concerning the adoption of this resolution were adopted in an open meeting of this Board of County Commissioners, and that all deliberations of this Board of County Commissioners and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements including Section of the Ohio Revised Code. Commissioner seconded the resolution and upon calling the roll, the following vote was taken: Paul D. Barnaby Paul D. Barnaby Paul D. Barnaby Dean A. Genter Dean A. Genter Dean A. Genter Perry L. Rupp Perry L. Rupp Perry L. Rupp Attest:

8 RESOLUTION In the Matter of Resolution to approve ) Office of County Commissioners Agenda as Amended or Presented ) Fulton County, Ohio ) July 5, 2011 The Board of County Commissioners of Fulton County, Ohio met in regular session pursuant to notice, on July 5, 2011, at 152 South Fulton Street, Wauseon, Ohio, with the following members present: Commissioners Paul Barnaby, Dean Genter, and Perry Rupp Commissioner moved for the adoption of the following resolution: WHEREAS, Commission Staff, to the best of its ability, has prepared the agenda for the day, and WHEREAS, the Board of County Commissioners has reviewed said agenda and find it to be satisfactory as presented or as officially amended on the record in open session. THEREFORE, BE IT RESOLVED, that the Board of Fulton County Commissioners hereby approve the agenda as amended or presented for: July 1, 2011; and BE IT FURTHER RESOLVED that it is found and determined that all formal actions of this Board of County Commissioners, County of Fulton, State of Ohio concerning the adoption of this resolution were adopted in an open meeting of this Board of County Commissioners, and that all deliberations of this Board of County Commissioners and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements including Section of the Ohio Revised Code. This resolution was seconded by Commissioner and upon calling the roll, the following vote was taken: cc: File Attest:

9 RESOLUTION In the Matter of Resolution to Approve Change Orders ) Office of County Commissioners No. 3, 4, & 5 to Contract with Midwest ) Fulton County, Ohio Contracting Inc. for Senior Center ADA Project and ) July 5, 2011 Authorize Board President to Sign ) The Board of County Commissioners of Fulton County, Ohio, met in regular session pursuant to notice, on July 5, 2011, at 152 S. Fulton St., Wauseon, Ohio, with the following members present: Commissioners Paul Barnaby, Dean Genter, and Perry Rupp Commissioner moved for the adoption of the following resolution: WHEREAS, Poggemeyer Design Group has submitted three (3) change orders as follows: C/O # +/- Amount Reason for C/O 3 Decrease -$ Credit for reduction in square footage of concrete sidewalk 4 Increase $ Cut walk and curb at city walk/install handicap mat 5 N/A $ 0.00 Increase Substantial Completion date by ten (10) days THEREFORE BE IT RESOLVED, that the Board of Fulton County Commissioners hereby approves Change Order Number 3 to DECREASE Contract with Midwest Contracting in the amount of $ due to the reduction in square footage of the concrete sidewalk; and BE IT FURTHER RESOLVED, that the Board of Fulton County Commissioners hereby approves Change Order Number 4 to INCREASE Contract with Midwest Contracting in the amount of $ due to additional material and labor needed to cut walk and curb at city walk and install a handicap mat; and BE IT FURTHER RESOLVED, that the Board of Fulton County Commissioners hereby approves Change Order Number 3 to EXTEND the substantial completion date by ten (10) days to July 15, 2011; and BE IT FURTHER RESOLVED, that it is found and determined that all formal actions of this Board of County Commissioners, County of Fulton, State of Ohio concerning the adoption of this resolution were adopted in an open meeting of this Board of County Commissioners, and that all deliberations of this Board of County Commissioners and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements including Section of the Ohio Revised Code. Commissioner vote was taken: seconded the resolution and upon calling the roll, the following Attest: CC: PDG; Vendor; Journal

10 RESOLUTION In the Matter to Authorize Board President ) Office of County Commissioners To Execute Subordination Agreement ) Fulton County, Ohio For Erin N. Buck ) July 5, 2011 The Board of County Commissioners of Fulton County, Ohio met in regular session pursuant to notice, on July 5, 2011 at 152 South Fulton Street, Wauseon, Ohio, with the following members present: Commissioners Paul Barnaby, Dean Genter, and Perry Rupp Commissioner moved for the adoption of the following resolution: WHEREAS, on March 19, 2007, Erin N. Buck granted to the Fulton county Commissioners a mortgage in the amount of $27,235.00, recorded in Book 27 at Pages in the Mortgage Records of Fulton County, Ohio on the premises known as 6600 Co. Rd. L, Delta, OH WHEREAS, Erin N. Beck wishes to refinance said mortgage to obtain a lower interest rate and a lower monthly payment. No additional debt is being taken out on the home. THEREFORE BE IT RESOLVED, that the Fulton County Board of Commissioners hereby subordinate said mortgage as recorded in Book 27 at Pages in favor of the mortgage of The Huntington National Bank and authorize the Board President to execute the Subordination Agreement attached hereto and incorporated herein; and BE IT FURTHER RESOLVED, that it is found and determined that all formal actions of this board of County commissioners, County of Fulton, State of Ohio concerning the adoption of this resolution were adopted in an open meeting of this Board of County Commissioners, and that all deliberations of this Board of County Commissioners and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements including Section of the Ohio Revised Code. Commissioner seconded the resolution and upon calling the roll, the following vote was taken. Copy to: MVPO; journal Attest:

11 R E S O L U T I O N In the Matter of Resolution to Enter Into Contract ) Office of County Commissioners with Cargill Incorporated Deicing Technology ) Fulton County, Ohio Business Unit for Road Salt for Ice Control for ) July 5, Ice Control Season ) The Board of County Commissioners of Fulton County, Ohio met in regular session pursuant to notice, on July 5, 2011, at 152 South Fulton Street, Wauseon, Ohio, with the following members present: Commissioners Paul Barnaby, Dean Genter, Perry Rupp Commissioner moved for the adoption of the following resolution: WHEREAS, On June 2, 2011, the Board of Commissioners of Fulton County held the bid opening for rock salt for ice control for the ice control season; and WHEREAS, on June 6, 2011, upon the recommendation of the County Engineer, the Commissioners, by Resolution , awarded the bid to the lowest and best bidder, Cargill Incorporated Deicing Technology Business Unit, of Olmstead, Ohio; and THEREFORE BE IT RESOLVED, that the Fulton County Board of Commissioners will now enter into Contract with Cargill Incorporated Deicing Technology Business Unit for road salt for the ice control season according to the terms and conditions contained therein; BE IT FURTHER RESOLVED, that it is found and determined that all formal actions of this Board of County Commissioners, County of Fulton, State of Ohio concerning the adoption of this resolution were adopted in an open meeting of this Board of County Commissioners, and that all deliberations of this Board of County Commissioners and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements including Section of the Ohio Revised Code. Commissioner was taken: seconded the resolution and upon calling the roll, the following vote Attest: Copy to: Auditor, Contract File, Project file, Contractor, Engineer

12 RESOLUTION In the Matter of Resolution to Create New ) Office of County Commissioners Line for Adult Probation and Transfer ) Fulton County, Ohio Appropriations for Western District Court ) July 5, 2011 The Board of County Commissioners of Fulton County, Ohio met in regular session pursuant to notice, on July 5, 2011, at 152 South Fulton Street, Wauseon, Ohio, with the following members present: Commissioners Paul Barnaby, Dean Genter, and Perry Rupp Commissioner moved for the adoption of the following resolution: WHEREAS, it is necessary to create a new line item in the adult probation fund 2371 to properly pay in funds for bullet proof vests; and WHEREAS, it is necessary to transfer appropriations for Western District Court for unemployment compensation; and THEREFORE BE IT RESOLVED, the Fulton County Board of Commissioners hereby authorizes the following receipt line be created: Bullet Proof Vests Adult Probation BE IT FURTHER RESOLVED, the Board hereby authorizes the following APPROPRIATIONS BE TRANSFERRED: AMOUNT ACCOUNT $ From: Office Equipment CCW $ To: Unemployment Comp - CCW BE IT FURTHER RESOLVED, that it is found and determined that all formal actions of this Board of County Commissioners, County of Fulton, State of Ohio concerning the adoption of this resolution were adopted in an open meeting of this Board of County Commissioners, and that all deliberations of this Board of County Commissioners and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements including Section of the Ohio Revised Code. Commissioner seconded the resolution and upon calling the roll, the following vote was taken: Attest: cc: Affected Depts; Auditor

13 R E S O L U T I O N In the Matter of Resolution to Enter Into ) Office of County Commissioners, Contract for Purchase of Real Property ) Fulton County, Ohio For Public Use ) July 5, 2011 The Board of County Commissioners of Fulton County, Ohio met in regular session pursuant to notice, on July 5, 2011, at 152 South Fulton Street, Wauseon, Ohio, with all members present: Commissioners Paul Barnaby, Dean Genter, and Perry Rupp Commissioner moved for the adoption of the following resolution: BE IT RESOLVED, that the Fulton County Commissioners hereby enter into Contract for the Purchase of Real Property for Public Use; and BE IT FURTHER RESOLVED that it is found and determined that all formal actions of this Board of County Commissioners, County of Fulton, State of Ohio concerning the adoption of this resolution were adopted in an open meeting of this Board of County Commissioners, and that all deliberations of this Board of County Commissioners and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements including Section of the Ohio Revised Code. Commissioner seconded the resolution and upon calling the roll, the following vote was taken: Copy To: File Attest:

14 R E S O L U T I O N In the Matter of Resolution to Approve ) Office of County Commissioners Leave of Absence for Department of Job and ) Fulton County, Ohio Family Services Employee ) July 5, 2011 The Board of County Commissioners of Fulton County, Ohio met in regular session pursuant to notice, on July 5, 2011, at 152 South Fulton Street, Wauseon, Ohio, with the following members present: Commissioners Paul Barnaby, Dean Genter, and Perry Rupp Commissioner moved for the adoption of the following resolution: WHEREAS, the Board of Commissioners has authorized a leave of absence without pay policy under Ohio Administrative Code (123: ) and included in the Board s policy manual, section 6.8; WHEREAS, said policy authorized the Appointing Authority to grant a leave of absence to any employee for a maximum duration of six (6) months at its sole discretion and with good cause shown; WHEREAS, a request has been received from Jacqueline Wotring, an employee of the Department of Job and Family Services, for a 24 hour leave of absence; and WHEREAS, she has not yet served one (1) full year in her current position and is therefore not eligible for vacation time; and WHEREAS, the request has been reviewed by Ken Caldwell, Director of Job and Family Services Director, and is recommending approval of the request herein; and THEREFORE BE IT RESOLVED, that the Fulton County Board of Commissioners do hereby approve the request of Jacqueline Wotring, for a total of unpaid 24 hours leave of absence; and BE IT FURTHER RESOLVED, that it is found and determined that all formal actions of this Board of County Commissioners, County of Fulton, State of Ohio concerning the adoption of this resolution were adopted in an open meeting of this Board of County Commissioners, and that all deliberations of this Board of County Commissioners and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements including Section of the Ohio Revised Code. Commissioner seconded the resolution and upon calling the roll, the following vote was taken: CC: JFS; Payroll; Journal Attest:

15 R E S O L U T I O N In the Matter of Resolution Approving ) Office of County Commissioners, Purchase Orders and Travel Requests ) Fulton County, Ohio ) July 5, 2011 The Board of County Commissioners of Fulton County, Ohio met in regular session pursuant to notice, on July 5, 2011, at 152 South Fulton Street, Wauseon, Ohio, with all members present: Commissioners Paul Barnaby, Dean Genter, and Perry Rupp Commissioner moved for the adoption of the following resolution: BE IT RESOLVED, that the Fulton County Commissioners will sign a Purchase Order computer edit list prepared by the Fulton County Auditor, in addition to signing each individual purchase order, if necessary. Said Purchase Order Edit List will be on file in the Fulton County Commissioners Office in lieu of being journalized, and; BE IT FURTHER RESOLVED, that the Board of Commissioners approve travel requests as submitted, and; BE IT FURTHER RESOLVED that it is found and determined that all formal actions of this Board of County Commissioners, County of Fulton, State of Ohio concerning the adoption of this resolution were adopted in an open meeting of this Board of County Commissioners, and that all deliberations of this Board of County Commissioners and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements including Section of the Ohio Revised Code. Commissioner seconded the resolution and upon calling the roll, the following vote was taken: Attest: Copy To: File