TUESDAY, SEPTEMBER 2, 2014 OFFICE OF THE BOARD OF COMMISSIONERS PICKAWAY COUNTY, OHIO

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1 The Pickaway County Board of Commissioners met in Regular Session in their office located at 139 West Franklin Street, Circleville, Ohio on Tuesday, September 2, 2014, with the following members present: Mr. Jay H. Wippel; Mr. Harold R. Henson; and Mr. Brian S. Stewart. Brad Lutz, County Administrator, was also in attendance. Minutes Approved: Commissioner Stewart offered the motion, seconded by Commissioner Henson, to approve the minutes of August 26, 2014, with corrections. Payment of Bills: Commissioner Henson offered the motion, seconded by Commissioner Stewart, to adopt the following Resolution: BE IT RESOLVED, that the bills have been found to be properly filed and their respective vouchers shall be cross-referenced to the approving pages dated September 4, 2014, in the Commissioners Voucher Journal, the date in which checks will be cut; then, BE IT FURTHER RESOLVED, that the Board of Pickaway County Commissioners orders the Auditor of Pickaway County, Ohio, to draw her warrant on this entry in the amount of $143, on the County Treasurer to satisfy the same. Travel Authorization Approved for Job & Family Service Employees: The Commissioners signed a Travel Authorization for numerous Job & Family Services employees to attend various meetings, training sessions, and to perform home visits throughout the month of September at the total probable cost of $1, Fiscal Specialist Report: The following is a summary of the report provided by Erica Tucker, Fiscal Specialist: Health & Safety Newsletter: The newsletter went out last week via to county employees and Mrs. Tucker mentioned the front page that featured an upcoming A Taste of Pickaway event on September 11 th where on-farm multi-course meals featuring local farms and local food will be served that will be hosted by Dug and Jeannie Radcliff. A national certified chef and his students from Hocking College will research, plan, and prepare the meal using products grown in Pickaway County. Information where individual tickets can be purchased for $35 was provided. Mrs. Tucker also mentioned that she will be facilitating the Health & Safety Committee meeting scheduled for September 11 th in the absence of April Dengler, Assistant County Administrator. 1

2 Emergency Management Agency Report: The following is a summary of the report provided by Dave Conrad, EMA Director: Emergency Management Planning Grant (EMPG): There is a $4,000 increase in the county s EMPG award this year over last year s grant award. A $17, check was recently received for last year s reimbursement of the emergency siren project and for operations of the EMA office. Laurelville Emergency/rnado Siren: Last week Mr. Conrad and m Swisher went to the site of the emergency/tornado siren located at the firehouse in the Village of Laurelville, the last of the countywide sirens to be converted from low-band to VHF frequency. Mr. Conrad reported that the siren is of air-raid vintage and is positioned on a platform between two power poles. He said that the siren works, but the wiring comes down out of the antenna into the building into a box and feeds back out. He said it is not like most antennas where the box is mounted on the pole and that is why there is the $350 in labor costs from B&C Communications that the Commissioners were informed of a week or two ago. There is also approximately $350 - $400 in costs for the antenna and associated equipment parts, but Mr. Conrad stated that he has not yet received an itemized breakdown to determine the type of antenna that is intended to be used. Mr. Swisher will be able to perform some of the console upgrading at the City of Circleville s PSAP. Last Week s 911 Outage: There were three split-second outages at the county s PSAP last week that were determined to be issues related to Frontier Communications. Mr. Conrad reported that Frontier has not yet provided an answer to the issues. APCO 911 Telecommunicators Training: Mr. Conrad utilized the county s Purchase Card to purchase an APCO 911 telecommunicators membership for fifteen individuals. Four are from the City of Circleville that includes Sgt. Bauer and three 911 telecommunicators. Mr. Conrad stated that the county will need to offer the opportunity to additional police, fire, and EMS departments to have an APCO certified trainer host a class on-site. Mr. Conrad and Terry Frazier will be added to the list of trainees as well. Discussion was also held about the possibility of collaborating with a county that already has training classes scheduled. Meeting with Louis McFarland Regarding Abandoned Property: Louis McFarland, Jackson wnship resident, met the Commissioners regarding an abandoned house on property located at Fox Road. Mr. McFarland expressed his frustration about the blighted property that he has been trying to get the township trustees to do something about for the past ten years. The property has $9,000 in back real estate taxes and it also has an IRS lien placed on it. Mr. McFarland said he has been to the Building Department, the Health Department, the Board of Zoning Appeals and no one seems to be able to do anything about issue. The property has been in foreclosure with a bank in New Orleans and when it went to a Sheriff s sale, Mr. McFarland said he tried to purchase it but it went back to the bank. He then made an offer to the bank about eight years ago and Mr. McFarland said that the bank accepted his offer of $9,500; however, after a considerable amount of time went by without hearing from the bank, he contacted its representatives and he was told that they were unable to locate the deed. Since that time, Mr. McFarland that the bank will not communicate with him. After discussing the issue, the Commissioners stated that the Building Department s Chief Building Official will be contacted about the property and they asked Mr. McFarland to provide them with the bank s information so they could write a letter regarding the situation and inquire as to what could be done about it. Mr. McFarland told the Commissioners that he would get the bank s information to them and he then thanked them for their time. 2

3 Resolution Adopted Requesting County Auditor to Place Delinquent Sewer Payments on Tax Duplicates: TUESDAY, SEPTEMBER 2, 2014 The Pickaway County Sanitary Engineering Department provided a list of people that are at least 60 days delinquent on their sewage payments and requested a Resolution from the Commissioners authorizing that they be placed on the respective sewer users real estate tax duplicates. After reviewing the list, Commissioner Stewart offered the motion, seconded by Commissioner Henson, to adopt the following Resolution: Resolution No.: PC BE IT RESOLVED, that the Board of Commissioners, Pickaway County, Ohio does hereby certify to the Pickaway County Auditor, Melissa Betz, that as of the 2 nd day of September 2014, the attached is a list of people that are delinquent at least 60 days on their sewage payments; then, BE IT FURTHER RESOLVED that the Board of Commissioners requests Auditor Melissa Betz to place the assessments on the respective tax duplicates to be collected in year 2015 in the same manner as all other assessments. Voting on the motion was as follows: Commissioner Wippel, yes, Commissioner Henson, yes, Proposal from Terminix Pest Control Approved for Removal of Bats in Memorial Hall Attic: Mr. Lutz reviewed a quote from Terminix Pest Control the amount of $4,750 to remove the bats from the attic of Memorial Hall. The quote also includes closing off all locations of bat s entry and exits from the attic, with the exception of one that would remain open with a net type bag to catch the bats, which will then been taken away from the location by the company. After discussing the quote, Commissioner Stewart offered the motion, seconded by Commissioner Henson, to approve the quote from Terminix Pest Control in the amount of $4,750 for the above-described services. Temporary Signage for Roundtown Players Approved to Be Displayed on Fence at Memorial Hall Contingent on Approval from the City of Circleville: Brad Lutz provided the Commissioners with pictures of a vinyl sign prepared by the local Roundtown Players (RTP) Theatre group that can temporarily be attached to the wrought iron fence in front of Memorial Hall. The temporary signage would be used to publicize the group s productions they put on for the community four times a year and the group would eventually like to have a permanent sign. There is the ability for the lettering and dates to be changed on the sign, which also includes attractive logo. After reviewing the pictures, the Commissioners inquired if the City of Circleville has approved the sign Mr. Lutz stated that the RTP group has plans to do that. 3

4 Commissioner Stewart then offered the motion, seconded by Commissioner Henson, to approve the RTP temporary sign contingent on approval of the City of Circleville. Voting on the motion was as follows: Commissioner Wippel, yes, Commissioner Henson, yes, Minor Changes to 800 MHz Communication Systems Administrator Job Description and Change of Position Title Approved: The Commissioners reviewed minor changes to the job description for the part-time position referred to as 800 MHz Communications System Administrator, which is held by m Swisher. The essential functions, duties and responsibilities remain the same and will now include the countywide communications systems in general. Hours worked in a week could fluctuate significantly, but should not exceed 600 hours per year, a reduction from 1,000 hours per year. The position title from 800 MHz Communication System Administrator to Countywide Communication Systems Administrator. Following the review, Commissioner Stewart offered the motion, seconded by Commissioner Henson, to approve the above-described changes to the 800 MHz Communications System Administrator part-time position. Voting on the motion was as follows: Commissioner Wippel, yes, Commissioner Henson, yes, Report on Back-up wer Located at the Pickaway County Dog Shelter Site: Mr. Lutz reviewed the final report, including pictures, prepared by m Swisher listing the equipment attached to the county s back-up radio communications tower, which has a bent member that is located at the Dog Shelter site. The tower is essentially a back-up to the 800 MHz Communications back-up tower located on St. Rt. 56. Also reviewed was the following comments and recommendations related to the equipment located on the tower made by Mr. Swisher: Though much of the equipment listed in the report has been replaced over the years with new, more effective equipment or systems, it has been retained by the Pickaway County Sheriff s Office (PCSO) with the intention of keeping it for backup use in the event of a major failure of the county s primary 800 MHz system. Another stated purpose for the equipment is that it is intended of mutual aid use by and with agencies from surrounding counties. Few, if any, local agencies have any low-band or VHF equipment capable of using these backup systems any longer, and it is unknown how many, if any, agencies have taken the considerable expense of programing these frequencies in their radios for mutual aid use. As there are very few or no radios available to use these frequencies, they are essentially useless for the intended purposes. As well as the lack of equipment that can utilize these frequencies, the county has in place a complete backup 800 MHz EDACS trucking system that can be activated in fairly short amount of time if needed. This makes the purpose of the equipment even more unnecessary. As of a few years ago, it was advised that the 39 MHz base station was still operational and intended for not only backup use by the Sheriff s Office but also to communicate with other neighboring sheriff s offices. However, no surrounding counties around utilize 39 MHz any longer, nor to the best of Mr. Swisher s knowledge, does the PCSO have any low-band radio equipment. Therefore, continued operation and maintenance of this equipment appears to be counterproductive and wasteful, and it should be decommissioned. The old 33 MHz base station radio is no longer functional and should be disposed of. As the tornado sirens are being moved to the VHF repeater located the prime site on US Rt. 22, and the few fire pagers remaining the county could be inexpensively replaced with VHF units on the same frequency as the tornado sirens, the Motorola Radius unit can be decommissioned and disposed of as soon as it is no longer needed. 4

5 The Motorola SF5000 repeater formerly used by the Sheriff s Office is no longer legal for use by any groups except amateur radio. This unit can be utilized by the county amateur radio group for communications in support of Pickaway County during events and emergencies, and would be a better unit for that purpose than the current low-power mode (which should be retained as a backup unit). If technically feasible and there are no FCC licensing conflicts, the Harris VHF repeater used by the Sheriff should be relocated to the Sheriff s Office site on Island Road, or to the prime site on US 22. Decommission all dedicated telephone circuits to this site. At a typical cost of $100 or more per month for each line, the expense of maintaining these lines could range from at least $1200 per to as much as $5,000 per year. If the connected equipment is removed from service there is no need for the dedicated lines, but even if connectivity were needed, it could be realized at a lower one-time cost using radio linking. Have a full inspection of the tower made by a licenses and certified owner contractor and have the damaged side bracket removed. The sent section near the top of the tower does not appear to be a major structural problem, but it the inspection deems necessary, the bent section should be removed and antennas for VHF and UHF mounted at the new tower top. Consider the eventual purchase of another VHF repeater for use at this site as a hot standby backup for the tornado siren frequency. This would keep the tornado siren system operations in the event of problems at the primary site on US 22. Utilize the tower and shelter for the repeaters used by the county amateur radio group. These repeaters were purchased by Pickaway county EMA several years ago using Homeland Security grant funds, and are still owned by PCEMA on behalf of the amateur radio group. This will not only give the amateur radio group a viable radio site, but will also keep the site available should it again be needed by the county. Old radio equipment to be disposed of could be donated for use by the amateur radio groups, as most of it is quite obsolete and no longer serviceable for county purposes. Discussion was held related to the possible risk of the FCC not allowing the VHF repeater to be moved or the possibility of reducing current power, and discussion was also held about whether to decommission the tower and completely remove it as opposed to allowing the county amateur radio group install their repeater and utilize the tower. Review of List of Pickaway County Sheriff s Office Equipment on Back-up Communications wer at Dog Shelter Site: Mr. Lutz reviewed the list of equipment at the Pickaway County Sheriff s Office (PCSO) that utilizes the back-up tower at the Dog Shelter site that he requested from Chief Deputy Jim Bingman. The list of equipment requested included base stations, repeaters, mobiles, and hand-held units; the locations and serial and model numbers; and the list of the frequencies used by the equipment. During the review, Mr. Lutz informed the Commissioners that m Swisher is working on listing all frequencies for the entire countywide communication system and the equipment they are used for. County Administrator Report: The following is a summary of the report provided by Brad Lutz, County Administrator: Pickaway County Safe Bank: An invitation was extended to the Commissioners related to the Pickaway County Safe Bank Project meeting the Pickaway County Sheriff s Office will be hosting scheduled for Tuesday, October 21, 2014, at the AMVETS on Tarlton Road. Continental Breakfast will be served by the SALT (Seniors & Law Enforcement gether) Council and Pickaway Senior Center at 7:30 a.m. followed by a series of speakers in law enforcement, a speaker from Attorney General s Office, F.B.I., and a U.S. Postal Inspector that will be speaking about financial exploitation of the elderly. FCC Licenses: Last week all of the FCC licenses have been updated for m Swisher to be listed as the new contact. A few of the licenses are in the process of being renewed. 5

6 Pickaway County Annex Roof: Kevin Storey, Maintenance Supervisor, reported that there are some soft spots on the flat roof of the Pickaway County Annex building. There are no leaks at this point; however, an evaluation of the roof may be a good idea and the roof be considered as a future Capital project. FY2014 Community Housing Impact & Preservation Program (CHIP): Sharon Schall, Grant Coordinator for the City of Circleville, reported that the city and county joint application for funding was not approved. Mrs. Schall believes that the application may not have been properly evaluated and she will be looking into the matter. Foresman Chimes in Need of Repair: Mr. Lutz, Terry Frazier, and Don Metzler will be traveling to Cincinnati on Wednesday, September 3 rd, to tour the Verdin Company, a manufacturer of cast bells, electronic carillons, digital bells, clocks, towers, memorials, and monuments. Mr. Frazier is a co-trustee over the Foresman Chimes and Don Metzler is the resident bell operator. The bell s automated system is in need of repair. Telemedicine Video Conferencing: An article about telemedicine video conferencing was briefly discussed, a growing trend in Ohio that allows neurologists at metropolitan hospital examine stroke patients in more rural areas, saving time and, potentially, the patient s life. This may become more common and even something that the county s healthcare consortium could potentially consider. Shred-It Day: The county currently has 220 boxes of documents from various departments for the upcoming Shred-It Day sponsored by Savings Bank that has offered to assist with shredding of documents separate from the event offered to the community. Info-Link Technologies: Mr. Lutz met Ben Rule of Info-Link Technologies last week and discussion was held about the IT contracts that are due to expire at the end of the year. It is expected that a request will be made for the county to consider a 24-month contract as was discussed last year. Mr. Rule will also be reviewing the three-year IT plan. Mr. Rule and Mr. Lutz also had a conversation regarding the company s experience and expertise in providing IT support to Med- Flight, which operates a dispatch center. County Commissioners Association of Ohio (CCAO) Annual Meeting: Andy Cupp, the county s local contact for CORSA, attended the annual meeting last week and reported that while there may be an increase in healthcare insurance premiums, but the increase is not expected to be significant. Bureau of Workers Compensation Group Retro Report: Mr. Lutz reported that there is one employee that was injured in 2012 whose medical leave will expire October 1 st and he will keep the Commissioners informed of the case. The BWC refund to the county this year is approximately $147,000 that will be disbursed back to the various funds accordingly. Dissolution of the Village of Orient State Audit: The Auditor of State s audit related to the dissolution is expected to be completed at the end of this month. Mobile Home Park near Village of Orient/Individual Water Meters: The owner of the mobile home park on the outskirts of Orient wants the county to honor the proposed agreement he had with the village before it was dissolved for separate water meters and collections for each of the mobile homes, approximately thirteen in number. Though nothing has been obtained in writing, Mr. Lutz stated that the county prosecutor believes that the county has legal standing to object to the agreement. Update of Southern Gateway Economic Innovation Development Center Provided by Dr. Mark Smith of Ohio Christian University: Dr. Mark Smith and Craig Brown of the Ohio Christian University met with the Commissioners to provide an update regarding the Southern Gateway Economic Innovation Development Center, a public/private partnership small incubator for new businesses and workforce opportunities, provide training and technical assistance to local entrepreneurs and to develop small businesses which will lead to increased employment opportunities to Pickaway County and the surrounding region. Dr. Smith reported that the Request for Proposals (RFP) for the project is going to be released by September 25 th. With the grants OCU was awarded for the project, there are three years left for the construction. Dr. Smith stated that he wanted to again clarify that this is not an OCU project, it something for the community. Dr. Smith said he continues to try and bring the remaining $1.5 million together that is needed for the construction. With the grants, they have $3.3 million of the $4.9 needed, which includes a $300,000 commitment from the City of Circleville over the three-year construction. There are other individuals that have shown interest that are being approached to match the city s $300,000 through a private local gift. Dr. Smith said that any commitment the county may make can now flow through P3 or the City 6

7 of Circleville. OCU has officially deeded over the land. With property and infrastructure, OCU will have about $1.2 million invested and another $500,000 in roads and the rest of the sewer project. Dr. Smith said while there is still $1.5 million needed in commitments for construction, they are now beginning to work on obtaining grants for workforce redevelopment and retraining. An agreement has been signed with Southern States as an official partner which will have access to the building for some footage to have an office there. The primary focus of Southern States is workforce development and retraining grants. There is as much as $20 million in grants for community college partnerships and Dr. Smith said they are going after a portion of that to bring in training dollars for the project. Additionally, there is the possibility of a 0% loan through South Central Power which has requirements to invest back into the community for job creation projects. Dr. Smith has also reached a verbal agreement with the president of the University of Dayton (UD). He said the university campus just attracted Emerson Corporate Headquarters and General Electric Corporate Headquarters. In the last five years, Emerson and GE have done $150 million in research grants. There are $33 million in federal military research grants that have been identified that Dr. Smith stated they have partnered in to go after regarding logistics for the Rickenbacker Intermodal. The former vice-president of GE will be here on October 31 st to talk about setting up research and grant making processes. The Commissioners, the Circleville City Mayor, and the president of Circleville City Council will be invited to attend when he comes to present his ideas on how to get these funding dollars flowing through the community on these types of grants. Dr. Smith stated that they are not matching grants. Dr. Smith stated momentum is starting to build, there are a lot of pieces to the cog. He stated that he knows the Commissioners have not made any decision on whether to make a commitment, but he wanted to say that this would not be money handed to OCU to spend. Dr. Smith reiterated that he has always said that this is a project for the community and we want to have a place for internship for small businesses that will eventually create jobs. My vision isn t limited and my connections aren t stopping, I m out working this and I wanted to give you an update, said Dr. Smith, and he mentioned that they have to file a report by September 25 th that they are moving forward with the project. Following a brief question and answer session, Dr. Smith thanked the Commissioners for their time and the Commissioners thanked him for the update. Meeting in Executive Session: At 11:45 a.m., Commissioner Stewart offered the motion, seconded by Commissioner Henson, to enter into Executive Session pursuant to ORC (G)(1) with the requested attendance of Brad Lutz to the discuss the possible discipline of a County Commissioners employee. At 11:56 a.m., the Commissioners exited Executive Session and resumed Regular Session. No action was taken. Approval of Re-Plat of Lot 2-D at Circleville Crossing: Terry Frazier, Director of the Pickaway county Development & Planning Office, met with the Commissioners and presented a Mylar plat for an O Reilly s Auto Parts Store for development at the Circleville Crossing. A plat was previously signed on July 8, 2014; however, Casto Developers subsequently made a small change that affected the storm sewer calculations that had to be made by Anthony Neff, Deputy County Engineer. Following the Commissioners review, Commissioner Stewart offered the motion, seconded by Commissioner Henson, to sign to sign the plat and adopt the following Resolution: 7

8 Resolution No.: BE IT RESOLVED, that the Pickaway County Commissioners accepted and approved the Re-Plat of Lot 2-D, Circleville Crossing, Plat Cabinet 2 Slide 255, Section 30, Twp. 11, Range 21, West Congress Lands, Pickaway County, Ohio, then, THEREFORE BE IT RESOLVED, that all right-of-ways for roads, streets, and easements be accepted for public use as shown on said plat. Commissioner Stewart, yes. Voting No: None. Motion carried. Letter of Response to Sheriff Radcliff Regarding Reimbursement of APCO Training and Reimbursement of APCO Group Membership: The Commissioners held a discussion regarding their letter of response to two separate letters from Sheriff Radcliff seeking reimbursement of APCO Training and reimbursement of APCO Group membership purchased with a personal charge card. The following letter was signed in response: September 2, 2014 Sheriff Robert Radcliff 600 Island Road Circleville, Ohio Dear Sheriff Radcliff, We received your letters dated August 8, 2014 and August 27, 2014 seeking reimbursement for the costs of APCO training for your staff from the county s E911 fund. As we stated in our July 29, 2014 letter, it was the intention of the 911 Planning Committee that all telecommunicators in the county should receive the same classroom-based training, which would be scheduled in consultation with the county s E911 Coordinator. We noted in that letter that if your office chooses to proceed with scheduling training on its own without any consultation with [the E911 Coordinator], or proceeds with scheduling online-only training, the costs will not be covered by the county s E911 funds, but will come from the Sheriff Office s own budget. We received no response to our letter prior to receiving your request for reimbursement. Therefore, it is our assumption that you made a determination that your office s budget could support the expenditures you have chosen to make. Accordingly, will not be reimbursing your budget for these expenditures at this time. In addition we would also like to reiterate our standing policy that the commissioners will not reimburse expenditures made online with county employees personal credit/debit cards One of the expenditures you have sought reimbursement for was made by Chief Deputy Bingman with his personal debit card. This issue was addressed with Chief Bingman earlier this year when we made a one-time exception to this policy for a prior expenditure he had made with a personal card. However, since that time, the county has acquired an electronic purchasing card, and implemented a policy for its use, for the purpose of having all such online payments made through a single source. This policy for utilizing the county s purchasing card was shared with all county offices. Jay H. Wippel [signed] Harold R. Henson [signed] Brian Stewart [signed] 8

9 Letter of Response to Sheriff Radcliff Regarding Request for Collaborative Legal Counsel: The Commissioners held a discussion regarding their response to Sheriff Robert Radcliff s letter dated August 19, 2014, asking that they take action on his request to legal counsel of outside attorney as special counsel under ORC , and following letter was signed in response: September 2, 2014 Sheriff Robert Radcliff 600 Island Road Circleville, Ohio Dear Sheriff Radcliff, We received your August 26, 2014 letter regarding the appointment of special legal counsel pursuant to Ohio Revised Code The only subsection of this statute which is potentially applicable in this instance is subsection (A), which reads: The court of common pleas, upon the application of the prosecuting attorney and the board of county commissioners, may authorize the board to employ legal counsel to assist the prosecuting attorney, the board, or any other county officer in any matter of public business coming before such board or officer, and in the prosecution or defense of any action or proceeding in which such board or officer is a party or has an interest, in its official capacity. Given the prosecutor s stated intention not to provide any legal opinion on matters between our offices, we are left to rely on our own reading of this statute, and the interpretation of legal counsel for the County Commissioners Association of Ohio. Both of these confirm that, contrary to the implication of your letter, R.C does not confer your office with a right to special legal counsel simply because you request it. 1 We have requested that you come meet with us to discuss our proposed 911 Supervisor Agreement and other ways in which we can work together to improve 911 in Pickaway County. We renew that invitation. However, to address one statement in your letter respectfully it is the historical lack of accredited dispatcher training, the failure of Sheriff s Office personnel to perform IT updates to the 911 system, the lack of run cards for various 911 system users, and the lack of any 911 call auditing procedures which have created the potential for jeopardizing public safety not any actions or proposals by the Board of Commissioners. We will not be making any application for special counsel at this time. There is no action or proceeding pending against either of our offices, and the Board of Commissioners has not retained special counsel for itself. 2 We have not taken any action as a Board; rather, we have simply submitted a proposal by which 911 operations could remain at the Sheriff s Office, subject to certain reasonable conditions. After 1 Thus, it is true that an application by both the prosecuting attorney and the board of county commissioners is required for the court of common pleas to authorize the appointment of counsel other than the prosecuting attorney to represent a county officer. Dreamer v. Mason, 129 Ohio St.3d 94, 2011-Ohio-2318, 18. Accordingly, this court concludes that, unless the specific factual scenario of Corrigan is present in a given case, a common pleas judge does not have jurisdiction to appoint a new attorney for a county official in the absence of the submission of a proper application under R.C (A). Sartini v. Yost, Case No. 01-LW-3336, 2000-A-0034 (11 th Dist. 2001) (overruling the trial court s appointment of special counsel absent a joint application by both the county prosecutor and the board of commissioners in accordance with R.C ). 2 In Corrigan v. Seminatore (1981), the Ohio Supreme Court noted that a Board of County Commissioners could only potentially be compelled by a Court of Appeals to make the application set forth in R.C where the commissioners [refuse] to afford counsel to a county board in defense of an action pending against the members of that board [ ]. 66 Ohio St.2d 459, 464. Here, by contrast, there is no action pending against any county officer. 9

10 discussing this matter with you further as we have requested, if we then believe that special counsel is warranted, we can potentially address the issue at a later date. Please be aware, however, that in no event would special counsel be applied for without our first being provided with an Engagement Letter from your desired lawyer, stating the nature of the engagement and the amount of the hourly fees to be charged. Pursuant to R.C , it is the Board of County Commissioners that shall fix the compensation of all persons appointed or employed under [R.C ]. Please note also that the August 19, 2014 letter from the prosecutor to you does not appear to qualify as an application of the prosecuting attorney pursuant to R.C Any such application would be made by the prosecutor to the Court of Common Pleas, not to the Sheriff s Office, and not to the Board of Commissioners. Also, the proposed entry included with your letter references R.C , which pertains to a countywide public safety communications system. This statute is irrelevant to the Board s proposals regarding the 911 system, as clearly stated in Ohio case law: [E]ven if we were to hold that [the county sheriff] was entitled to operate the county's public safety communications system, it would not follow that he also would have the right to operate the county's E system. R.C (A) provides that a system is one that enables a private individual to request emergency services. As such, a system does not satisfy the definition of a countywide public safety communications system because it does not provide for the exchange of field information. See 1998 Ohio Atty.Gen.Ops. No Furthermore, we would note that, in allowing for the establishment of a system, R.C et seq. does not refer to R.C Simmons v. Geauga County, 131 Ohio App. 482, at FN3 (11 th Dist. 1998). Per the Pickaway County 911 Plan, as lawfully enacted by the 911 Planning Committee, The operation, management, staffing, and employee training for the Pickaway County PSAP (Public Safety Answering Point) is the responsibility of the Pickaway County Board of Commissioners pursuant to the Ohio Revised Code. We will continue to take steps to improve the 911 system in Pickaway County as intended by the 911 Plan, and we continue to be hopeful that you will work together with us in doing so. Sincerely, Jay H. Wippel [signed] Harold R. Henson [signed] Brian Stewart [signed] Reprimand of Terry Frazier: The Commissioners met with Terry Frazier, Director of the Pickaway County Development & Planning Office, and former manager of the Building Department. The letter stated, in part, that numerous issues had recently been brought to the Commissioners attention relating to improper record-keeping, computation of leave balances, preparation of time sheets, and a general lack of adherence to the Pickaway County Policy Manual on the part of the Pickaway County Building Department. These failures of the Building Department are unacceptable, and have required the Commissioners to take a variety of actions to remedy them. Prior to the Commissioners reorganization in 2013, oversight and responsibility for the Building Department was assigned to Mr. Frazier as manager. During this period, the Building Department failed to utilize numerous forms required under the Pickaway County Policy Manual, and time sheets entries were often incorrect and included Mr. Frazier s signature as manager. While the Commissioners do not believe Mr. Frazier was aware of the mistakes, as manager he is held to a higher standard and the Commissioners depend on department managers to monitor and prevent these types of errors. The letter was prepared to serve as a written reprimand in regards to the matter, and will be included in Mr. Frazier s personnel file for a period of nine months. 10

11 In Matter of Reprimand of Brad Lutz: The Commissioners signed and presented a letter of reprimand to Brad Lutz, County Administrator. The letter stated, in part, that numerous issues have recently come to the Commissioners attention relating to improper record-keeping, computation of leave balances, preparation of time sheets, and a general lack of adherence to the Pickaway County Policy Manual on the part of the Pickaway County Building Department. These failures of the Building Department are unacceptable, and have required the Commissioners to take a variety of actions to remedy them. Prior to the Commissioners reorganization of 2013, the ultimate oversight and responsibility for this department was assigned to Mr. Lutz as the County Administrator. While the Commissioners acknowledge and appreciate Mr. Lutz s role in helping uncover and remedy the issues after the fact, as County Administrator Mr. Lutz is held at a higher standard, and preventing these types of failures was part of the rationale for the reorganization. Some of the incorrect time sheets, for example, included Mr. Lutz s signature as the department manager. The letter was to serve as a written reprimand in regards to the matter, and will be included in Mr. Lutz s personnel file for a period of nine months. Mr. Lutz stated that he has no issues in respect to the standard he s held to and that he accepts that responsibility. Creation of New Fund: Commissioner Stewart offered the motion, seconded by Commissioner Henson, to approve the following request for the CREATION OF A NEW FUND: Collaborative Projects Fund #917 Commissioner Stewart, yes. Voting No: None. Motion carried. Amended Certificate Approved: Commissioner Stewart offered the motion, seconded by Commissioner Henson, to adopt the following Resolution: Resolution No.: PC WHEREAS, the Pickaway County Budget Commission granted an AMENDED CERTIFICATE in the amount of $$190,000 for the Collaborative Projects Fund #917; then, THEREFORE BE IT RESOLVED, that the Pickaway County Board of Commissioners hereby appropriates the following sum for expenditure for period ending December 31, 2014: Collaborative Projects Fund # ,000 Creation of New Line Items Approved: 11

12 Commissioner Stewart offered the motion, seconded by Commissioner Henson, to approve the following requests for the CREATION OF A NEW LINE ITEM: US 23 Turn Lane-Contract Services US 23 Turn Lane US 23 Turn Lane-Local Funds Appropriations Approved: Commissioner Stewart offered the motion, seconded by Commissioner Henson, to approve the following requests for the APPROPRIATION OF FUNDS: 190,000 to Collaborative Projects Fund-Local Receipts 190,000 to US Turn Lane-Contract Services 10,000 to IV-E-Juvenile Court-Equipment 5,000 to Clerk of Courts-Computer Fund 508 to Sheriff-Marine Patrol-Contract Services Transfers Approved: Commissioner Stewart offered the motion, seconded by Commissioner Henson, to approve the following requests for the TRANSFER and RE-APPROPRIATION OF FUNDS: 80,000 from Jobs & Family Services-Salaries-IM 40,000 from Job & Family Services Jobs & Family Services-Contract Services 1, from Jobs & Family Services-Workers Comp. Shared 4, from Jobs & Family Services Workers Comp.-IM 2, from Jobs & Family Services-Workers Comp.-SS 7, from Jobs & Family Services-Workers Comp.-OWF 12

13 4,995 from Jobs & Family Services-Other Expenses-Shared from Jobs & Family Services-Equipment 30,000 from Jobs & Family Services-Insurance-IM Jobs & Family Services-Contract Services Weekly Dog Warden Report Filed: The weekly report for the Wright-Poling/Pickaway County Dog Shelter was filed for week ending August 30, A total of $395 was reported being collected as follows: $240 in adoption fees; $75 in sale of tags; $80 in owner turn-in euthanasia. Six (6) dogs were adopted; and no (-0-) dogs were euthanized. No firearms were discharged. With there being no further business brought before the Board, Commissioner Henson offered the motion, seconded by Commissioner Wippel, to adjourn. Voting on the motion was as follows: Commissioner Wippel, yes; Commissioner Henson; yes. Commissioner Stewart, yes. Voting No: None. Motion carried. Jay H. Wippel, President Harold R. Henson, Vice President Brian S. Stewart BOARD OF COUNTY COMMISSIONERS 13