COMMISSIONERS’ MEETING
MINUTES SUMMARY
THURSDAY, MAY 6, 2010
1:30 P.M.
John W. O’Brien, President, Present
Ron Widener, Vice President, Present
John F. Evans, Member, Present
Appointments
1:30 p.m. General Business
1:35 p.m. Kenny Artz - EMA
General Business
Mr. Evans moved and Mr. Widener seconded the motion to approve the agenda as presented, with the two additions as follows:
1:45 p.m. Executive Session – Personnel/Employee Discipline
Authorize Prosecutor’s Office to Initiate Legal Action in Behalf of the Board of
Commissioners, Seeking a Declaratory Judgment and Appropriate Injunctive Relief Against Josette Allen and Any Other Owners of Properties Know as and Part of Mertensia Springs Development – Commissioners/Planning and Zoning
with the one deletion as follows:
1:35 p.m. Kenny Artz - EMA
The Board voted as follows upon roll call: Mr. O’Brien, Yea; Mr. Widener, Yea; Mr. Evans, Yea.
Mr. Widener moved and Mr. Evans seconded the motion to approve the minutes of the May 4, 2010 meeting and dispense with the oral reading. The Board voted as follows upon roll call: Mr. Widener, Yea; Mr. Evans, Yea; Mr. O’Brien, Yea.
RESOLUTION NO. 10-05-543
Mr. Evans moved and Mr. Widener seconded the motion to authorize and sign the bills for the General Fund, Other Funds and Job & Family Services. The Board voted as follows upon roll call: Mr. Evans, Yea; Mr. O’Brien, Yea; Mr. Widener, Yea.
RESOLUTION NO. 10-05-544
Mr. Widener moved and Mr. Evans seconded the motion to provide for the issuance of bonds (911 Communications Center Bonds, Series 2010, Federally Taxable – Recovery Zone Economic Development Bonds) to the County in the principal sum not to exceed $4,570,000, for the purpose of refunding a portion of outstanding bond anticipation notes originally issued to pay a portion of the cost of acquiring and installing upgraded 911 radio system infrastructure and equipment, and paying related costs, and paying certain costs related to the issuance of the Bonds. The Board voted as follows upon roll call: Mr. O’Brien, Yea; Mr. Widener, Yea; Mr. Evans, Yea.
RESOLUTION NO.10-05-545
Mr. Evans moved and Mr. Widener seconded the motion to authorize the County Engineer to employ such labor, rent such equipment and purchase such materials as necessary to complete the repair of the Tipp-Elizabeth Road Bridge No. 2.62 located in Elizabeth Township, 0.92 miles east of State Route 202. The County Engineer estimates the total cost of the project to be $5,250. The Board voted as follows upon roll call: Mr. Widener, Yea; Mr. Evans, Yea; Mr. O’Brien, Yea.
RESOLUTION NO. 10-05-546
Mr. Widener moved and Mr. Evans seconded the motion to authorize and sign Memorandums of Understanding (attached) with the Bethel, Concord, and Union Township Trustees to delineate and define county (Permittee) and township (Co-permittee) responsibilities under the Ohio Environmental Protection Agency (OEPA) Small Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Storm Water Permit. The Board voted as follows upon roll call: Mr. Evans, Yea; Mr. O’Brien, Yea; Mr. Widener, Yea.
RESOLUTION NO. 10-05-547
Mr. Evans moved and Mr. Widener seconded the motion to accept the quote (attached) from 32 Ford Mercury, Batavia, Ohio (under State Contract GDC104E) and authorize the Sheriff’s Office to purchase a transport van (2010 Ford Econoline 15 passenger van), at a cost not to exceed $19,442.00 (including the trade-in of their current transport van in the amount of $2,500), which will be paid from Fund 001-231. Two other quotes were received: Statewide Ford Lincoln Mercury in the amount of $20,918 and Kistler Ford in the amount of $20,792.00. The Board voted as follows upon roll call: Mr. O’Brien, Yea; Mr. Widener, Yea; Mr. Evans, Yea.
RESOLUTION NO. 10-05-548
Mr. Widener moved and Mr. Evans seconded the motion to acknowledge receipt of the notice requesting a new Liquor permit for Heck Yeah, LLC, 5795 N. CR25A, Piqua, Ohio 45356 (Washington Township). The Sheriff does not oppose this request, so therefore there is no need to request a hearing. The Board voted as follows upon roll call: Mr. Widener, Yea; Mr. Evans, Yea; Mr. O’Brien, Yea.
RESOLUTION NO. 10-05-549
Mr. Evans moved and Mr. Widener seconded the motion to approve the attached Agreement (2009-MED-08-0796) between the Miami County Sheriff and the Fraternal Order of Police, Ohio Labor Council, Inc., Bargaining Unit B (Deputies). Said Agreement will be effective until December 15, 2010. The Board voted as follows upon roll call: Mr. Evans, Yea; Mr. O’Brien, Yea; Mr. Widener, Yea.
RESOLUTION NO.10-05-550
Mr. Widener moved and Mr. Evans seconded the motion to accept the resignation of Cynthia N. Swafford, Dispatcher at the Miami County Communication Center. Ms. Swafford’s last day will be at the end of her shift on May 8, 2010. The Board voted as follows upon roll call: Mr. O’Brien, Yea; Mr. Widener, Yea; Mr. Evans, Yea.
RESOLUTION NO. 10-05-551
Mr. Evans moved and Mr. Widener seconded the motion to authorize and sign a Proposal for Engineering Services (attached) with Associated Professional Engineering Consultants, Inc. (APEC), Springboro, Ohio, for engineering services to provide the Miami County Communication Center oversight of the design and construction of the towers and buildings for the radio system upgrade. The cost for said services shall not exceed $6,500, which will be paid from Fund 309-97. The Board voted as follows upon roll call: Mr. Widener, Yea; Mr. Evans, Yea; Mr. O’Brien, Yea.
RESOLUTION NO. 10-05-552
Mr. Widener moved and Mr. Evans seconded the motion to enter into a Memorandum of Agreement with the Miami County Health District, in an amount not to exceed $80,000, for the demolition and clearance of vacant nuisance properties under the FY 2008 Region 13 Neighborhood Stabilization Program. Said Memorandum of Agreement sets forth the responsibilities of each party respecting the demolition and clearance of identified vacant nuisance properties. The Board voted as follows upon roll call: Mr. Evans, Yea; Mr. O’Brien, Yea; Mr. Widener, Yea.
RESOLUTION NO.10-05-553
Mr. Evans moved and Mr. Widener seconded the motion to award the Demolition, Clearance and Site Restoration project located at 650 N. County Road 25A, Troy, Ohio to Lynde Supply, Inc., in the amount of $10,350. Further sign the attached Notice of Award to be forwarded to said company. On May 3, 2010, multiple quotes were received, with Lynde Supply, Inc. being the lowest quote. The Board voted as follows upon roll call: Mr. O’Brien, Yea; Mr. Widener, Yea; Mr. Evans, Yea.
RESOLUTION NO. 10-05-554
Mr. Widener moved and Mr. Evans seconded the motion to set the date of May 25, 2010 at 9:15 a.m. in the Commissioners’ Hearing Room to hear the request for change in zoning for the following:
Jonathan D. Woodward, Monroe Township
Celeste Kniess, Monroe Township
The Board voted as follows upon roll call: Mr. Widener, Yea; Mr. Evans, Yea; Mr. O’Brien, Yea.
RESOLUTION NO. 10-05-555 through 10-05-556 Transfers
Mr. Evans moved and Mr. Widener seconded the motion to approve the transfers as requested. The Board voted as follows upon roll call: Mr. Evans, Yea; Mr. O’Brien, Yea; Mr. Widener, Yea.
RESOLUTION NO. 10-05-557 through 10-05-560 Additional Appropriations
Mr. Widener moved and Mr. Evans seconded the motion to approve the additional appropriations as requested. The Board voted as follows upon roll call: Mr. O’Brien, Yea; Mr. Widener, Yea; Mr. Evans, Yea.
RESOLUTION NO. 10-05-561 Signatures Only
Permit(s) – Engineer
Request for Payment and Status of Funds Reports – Economic and Community
Development
Termination(s)
Payment Application #4 – North CR 25A Sewers Phase III (Star-Ex, Inc.) – Sanitary
Engineering
Mr. Evans moved and Mr. Widener seconded the motion to approve the signatures only as requested. The Board voted as follows upon roll call: Mr. Widener, Yea; Mr. Evans, Yea; Mr. O’Brien, Yea.
ADDITIONS TO THE AGENDA:
RESOLUTION NO. 10-05-563
Mr. Widener moved and Mr. Evans seconded the motion to request and authorize the Miami County Prosecutor’s Office to initiate legal action on behalf of the Board of Commissioners of Miami County, Ohio, seeking a declaratory judgment and appropriate injunctive relief against Josette Allen and any other owners of properties known as and part of Mertensia Springs Development. Further authorize the Clerk of the Board to certify a true, complete and correct copy of this resolution to the Prosecuting Attorney of Miami County, Ohio. The Board voted as follows upon roll call: Mr. Widener, Yea; Mr. Evans, Yea; Mr. O’Brien, Yea.
RESOLUTION NO. 10-05-562 Executive Session – Personnel/Employee Discipline
Mr. Widener moved and Mr. Evans seconded the motion to enter into Executive Session at 1:54 p.m. to discuss Personnel/Employee Discipline. The Board voted as follows upon roll call: Mr. Evans, Yea; Mr. O’Brien, Yea; Mr. Widener, Yea.
Mr. Evans moved and Mr. Widener seconded the motion to adjourn from Executive Session at 2:14 p.m. The Board voted as follows upon roll call: Mr. O’Brien, Yea; Mr. Widener, Yea; Mr. Evans, Yea.
RESOLUTION NO. 10-05-563 (Action taken after Executive Session)
Mr. Widener moved and Mr. Evans seconded the motion to terminate Dispatcher Emily Hile from the Miami County Communication Center effective immediately (May 6, 2010). Dispatcher Hile was charged with (per the Miami County Personnel Policy Manual) Group III Offenses, number 22 (Failure to obtain, maintain and/or report the loss of required licenses, certifications, or other qualifications of an employee’s position – dishonesty, failure of good behavior, or malfeasance) and number 14 (providing false testimony, statements, or information in any official Employer, court or administrative investigation, hearing or proceeding – dishonesty, failure of good behavior, malfeasance or neglect of duty). Dispatcher Hile was given the opportunity to respond to said charges in a properly administered pre-disciplinary hearing scheduled on March 30, 2010. On March 30, 2010, Dispatcher Hile voluntarily waived her right to the pre-disciplinary conference on the offense related to the false doctor’s statement; the pre-disciplinary conference was held on her failure to obtain the required certification. Hearing Officer Carol Morgan’s report is attached, and sustained the allegations and recommended discipline. Said findings were presented to the Personnel Committee of the MCCC Board of Directors on April 26, 2010 and to the MCCC Board of Directors on April 28, 2010, both of which recommended termination of the employment of Dispatcher Hile The Board voted as follows upon roll call: Mr. Evans, Yea; Mr. O’Brien, Yea; Mr. Widener, Yea.
There being no further business to be transacted, the Board of Miami County Commissioners adjourned from the General Session at 2:15 p.m. on this 6th day of May 2010.
Respectfully submitted:
Leigh M. Williams, Clerk
Full minutes of the proceedings from this meeting have been digitally recorded.
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