04/25/2013

242 Carrollton, Ohio Thursday, April 25, 2013 9:00:44 AM Present: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner. Absent: None. IN THE MATTER OF PLEDGE OF ALLEGIANCE Commissioner Wheaton asked that everyone stand and recite the Pledge of Allegiance. IN THE MATTER OF RECORDINGS OF PROCEEDINGS 9:01:09 AM Ms. Sonja G. Leggett, Clerk, certified that the entire recording of the proceedings at the prior meetings are captured completely and accurately in the electronic record and are available at the office. IN THE MATTER OF MINUTES A motion was made by Vice President Robert E Wirkner, seconded by Commissioner Jeffrey L Ohler, to approve the summary of the minutes from the meeting of Monday, April 22, 2013 and electronic recording of the proceedings. 9:01:17 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None. IN THE MATTER OF EXPENSES A motion was made by Commissioner Jeffrey L Ohler, seconded by Vice President Robert E Wirkner, to authorize the following expense(s): 1. Robert E. Wirkner, Commissioner, to attend EODA at Holmes County on April 26, 2013 for expenses not to exceed $75.00; 2. Kate Offenberger, DJFS Director and Deb Knight, DJFS Asst. Director, to attend WIB Structure Sub-Committee at Harrison County on April 25, 2013 with no expenses. 9:01:25 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None. IN THE MATTER OF DEPARTMENT OF JOB & FAMILY SERVICES VEHICLE PURCHASE 9:01:57 AM Kate Offenberger, DJFS Director, appeared before the Board and advised they have 2 cars that have 145,000 miles and one has been transferred to Municipal Court and there is a Crown Vic available is someone in the county is interested. Therefore, they have priced for one new vehicle and see if 3 vehicles will be sufficient instead of 4. Mrs. Offenberger advised the following quotes were received: 1. Guess Motors-Carrollton, 2013 AWD Fusion Titanium, $26,023.80 2. Furey Chrysler Dodge Jeep- Malvern a. 2013 Chrysler 300 AWD, $32,231.00 b. 2013 Dodge Charger AWD, $30,909.00 3. Huebner Chevrolet Subaru – Carrollton, 2013 Subaru Impreza Wagon, $23,500.00 Mrs. Offenberger recommends the Board approve the purchase for the 2013 Subaru Impreza Wagon in the amount of $23,500.00. ********** A motion was made by Commissioner Jeffrey L Ohler, seconded by Vice President Robert E Wirkner, to approve the purchase of a 2013 Subaru Impreza Wagon in the amount of $23,500.00 from Huebners Chevrolet Subaru of Carrollton for the Department of Job & Family Services. 9:06:28 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None. IN THE MATTER OF APPROPRIATION AMENDMENTS A motion was made by Commissioner Jeffrey L Ohler, seconded by Vice President Robert E Wirkner, to authorize the following appropriation amendment(s): FROM TO FUND NAME CODE NAME CODE AMOUNT Workforce Development Fund

WIA Reimbursement to PA

Special One Stop

$8,100.00 0326-W000-W05.000 9:09:10 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None. 0326-W000-W06.000

IN THE MATTER OF CDBG FY 12 – PAVEMENT IMPROVEMENTS BID ACCEPT – BARBICAS CONSTRUCTION CO., INC. A motion was made by Vice President Robert E Wirkner, seconded by Commissioner Jeffrey L Ohler, to accept the bid from Barbicas Construction Co., Inc. of Akron, for the CDBG FY12 Pavement Improvements in the amount of $205,535.20 per the recommendation of Brian J. Wise, Carroll County Engineer. 9:09:57 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None.

242

243 IN THE MATTER OF CDBG FY 12 GRANT # B-F-12-1AJ-1 REQUEST FOR FUNDS A motion was made by Vice President Robert E Wirkner, seconded by Commissioner Jeffrey L Ohler, to approve a request for funds in the amount of $3,400.00 from Ohio Department of Development for B-F-12-1AJ-1 CDBG FY 12 Formula grant. 9:10:30 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None. IN THE MATTER OF STRATEGIC LAND PARTNERS, LLC MINERAL RIGHTS A motion was made by Commissioner Jeffrey L Ohler, seconded by Vice President Robert E Wirkner, to not move on any of the mineral rights requests from Strategic Land Partners, LLC. 9:13:11 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None. IN THE MATTER OF FLATIRON ENERGY PARTNERS MINERAL RIGHTS A motion was made by Commissioner Jeffrey L Ohler, seconded by Vice President Robert E Wirkner, to not move on any of the mineral rights requests from Flatiron Energy Partners. 9:13:35 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None. IN THE MATTER OF AFFIRMATIVE ACTION PLAN A motion was made by Vice President Robert E Wirkner, seconded by Commissioner Jeffrey L Ohler, to renew the County Affirmative Action Plan stating that Carroll County provides Equal Employment Opportunity (EEO) for any individual regardless of race, color, religion, sex, national origin, physical or mental handicap, and minority. The plan is effective retroactive to April 1, 2013 for a period of one year. 9:14:07 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None. IN THE MATTER OF VARIOUS CONTRACTS DEPARTMENT OF JOB & FAMILY SERVICES A motion was made by Commissioner Jeffrey L Ohler, seconded by Vice President Robert E Wirkner, to approve the following contracts for the Department of Job and Family Services as recommended by Kate Offenberger, Director: PROVIDER

EFFECTIVE DATE FROM TO

Sharon Lynn Residence for Girls

04/01/13

06/30/14

Trina Higginbotham

04/15/13

06/30/13

Harold Nichols

04/15/13

10/31/13

Columbiana Co DJFS Efficient Services Ohio, Inc.

07/01/13

06/30/14

03/25/13

06/30/13

AMOUNT $190.00 per day $125 per week $35.00 per occasion $22.50 per hour plus mileage 50% of trainees wages

SERVICE Residential home for foster children Agency cleaning service Agency lawn maintenance Child Care provider certification WIA On-the-job Training program

TYPE ServiceVendor ServiceVendor ServiceVendor ServiceMOU OFT Agreement

STATUS

DATE SIGNED

New

04/08/2013

New

04/15/2013

New

04/19/2013

Renewal

04/22/2013

New

04/22/2013

9:17:43 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None. IN THE MATTER OF RUMA AGREEMENT – DISTRIBUTION ACTIVITY D&I SILICA, LLC A motion was made by Vice President Robert E Wirkner, seconded by Commissioner Jeffrey L Ohler, to approve an agreement by and between the Board of Commissioner and D&I Silica, LLC to commence use of 6.0 miles of CR 14 (Arbor Rd) and 2.9 miles of CR 18 (Aurora Rd) for the purpose of ingress to and egress onto adjoining railroad property for excess traffic necessary for the distribution of materials from said property (hereinafter referred to collectively as “Distribution Activity”) in Augusta and Brown Townships effective April 22, 2013. Also, there were two (2) bonds filed bond #0557234 for $50,000.00 and bond #0557229 for $445,000.000 for the use of hauling over same. 9:36:10 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None.

243

244 IN THE MATTER OF PERMIT FOR THE USE OF COUNTY HIGHWAY RIGHT OF WAY(S) CHESAPEAKE EXPLORATION, LLC A motion was made by Vice President Robert E Wirkner, seconded by Commissioner Jeffrey L Ohler, to approve permits for the use of the following county highway right of way(s) as recommended by the County Engineer: 1. Chesapeake Exploration, LLC, to construct a driveway in Lee Township, Chase Rd (CR66) for the Peterson Pad. 9:37:44 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None. IN THE MATTER OF JONATHAN DOWNES – RETAIN Commissioner Wheaton advised Jonathan Downes has left the firm of Downes, Fishel, Hass & Kim and has since started his own firm. Commissioner Wheaton recommended that the Board of Commissioners continue using Jonathan Downes because he has worked very closely with the Sheriff Union contract as well as the Atwood Lodge and Mrs. Offenberger requested to retain his services also. Commissioner Wheaton stated the Auditor has used his services as well as the Transit. Commissioner Wheaton read the letter to be submitted to Fishel, Hass, Kim & Albrecht requesting all files be submitted to Jonathan Downes. A copy of the letter is on file in the Commissioners office. ********* A motion was made by Vice President Robert E Wirkner, seconded by Commissioner Jeffrey L Ohler, to send a letter requesting all Carroll County files including current and archived files for all matters in which the firm represented Carroll County but not limited to, all matters involving DJFS, Sheriff’s office and Engineer’s office from the firm of Fishel, Hass, Kim & Albrecht be transferred to Jonathan Downes. 9:44:38 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None. ********* Commissioner Ohler questioned if we will receive what his contract prices will be for his services. Commissioner Wheaton replied yes, we will have to approve a contract and we can negotiate it at that time. IN THE MATTER OF CARROLL COUNTY BOARD OF COMMISSIONERS PERSONNEL POLICY MANUAL Commissioner Wheaton advised CCAO and CORSA has issued a Personnel Policy Manual 2012 Best Practices which was completed by a number of individuals that include CORSA Staff, Attorney’s, Prosecutors and Human Resource Departments and they have now asked member county’s to adopt the policy. Commissioner Wheaton advised Ms. Leggett will forward this policy to the other departments and they can adopt the same policy or combine their current policy with this one. Commissioner Wheaton advised it is up to the office holders on how they wish to proceed and whether they adopt it or not. Commissioner Wheaton stated then the departments need to get a copy of their policy to Ms. Leggett so that it can be forwarded to CORSA for review. Commissioner Ohler questioned if there is an employee acknowledgement page they will sign off that they received it and Ms. Leggett replied yes. Ms. Leggett advised there were 4 policies that were a requirement through the Loss Control Incentive Program that the Board needed to adopt in order to receive that additional incentive but also, since we have adopted this every time CORSA makes an update to the policy they will email those changes. Commissioner Ohler questioned about our policy and flex time, how this is quantified or is it in our manual. Commissioner Wheaton replied he is not sure if it is in the manual but he recommended it to Ms. Leggett because of the amount of work that we have. Commissioner Wheaton stated what happens a lot of time is that someone will get comp-time and then will take a day off. Commissioner Wheaton stated we have a real problem keeping this office whole. Commissioner Wheaton stated for instance tomorrow Ms. Leggett is in Columbus for training and Mrs. Peoples needs to take off early because of personal matters and he told her she could leave at 1:00 p.m. so that someone can answer phones. Commissioner Wheaton advised Ms. Leggett came to him yesterday and stated she needs more help in the office so we need to look at the additional work that is coming on. Ms. Leggett replied she would have been here tomorrow for Mrs. Peoples but this is part of the Loss Control Incentive Program and she needs to be present in order to get the incentive at year end and just like tomorrow there is no one here to fill in. Commissioner Ohler questioned if flextime is working after the normal hours and Ms. Leggett replied you are not working any over time and you are not getting compensated. Commissioner Wheaton advised it can be created a couple different ways; there might be a reason for someone to stay until 5p.m. so therefore they would start at 8a.m. or if there is a CIC meeting they can start 8 rather than 7. Commissioner Wheaton stated comp time is a double edge sword and Ms. Leggett stated if she took a day off using comp time and then came back with a load of work, she would in turn over and earn more comp time. Commissioner Ohler replied well flex time means flexible hours/time and it was like a benefit to the employee to accomplish their jobs and they may say it works better if I work 8p-4a.m. so those are flexible hours. Ms. Leggett replied it is what is going to benefit the office best and that 7a.m.-8a.m. is that quiet so with Mrs. Peoples coming in at 8 a.m. was perfect. Commissioner Wheaton stated anything over 40 hours is time and half so they either take comp time or we pay overtime and either case one hits the budget and the other hits the performance of the office and we need another person, we need to determine what it is. Commissioner Ohler replied it makes sense. Commissioner Wheaton advised we need to watch comp time/flex time it all needs to be done based on the needs of the office. Commissioner Wheaton stated everything is workload permitted and the way we are right now we really need to look at the needs of the office. The Board of Commissioners had further discussion on cross training etc. for the offices in the county. Ms. Leggett reiterated to the Board to please look into hiring another person. Commissioner Wheaton asked Ms. Leggett to get a job description together for another clerk so there can be further discussion. ********* A motion was made by Commissioner Jeffrey L Ohler, seconded by Vice President Robert E Wirkner, to adopt the CORSA/CCAO Personnel Policy Manual 2012 Best Practices effective April 25, 2013 and this will replace the previous manual. 10:14:04 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None.

244

245 IN THE MATTER OF PAYMENT OF BILLS A motion was made by Vice President Robert E Wirkner, seconded by Commissioner Jeffrey L Ohler, to approve the bills submitted for payment and to authorize the county Auditor to issue his warrant on the county Treasury for payment of same. 10:14:39 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None. IN THE MATTER OF PAYMENT OF BILLS WITHOUT PRIOR CERTIFICATION: REVISED CODE 5705.41 A motion was made by Vice President Robert E Wirkner, seconded by Commissioner Jeffrey L Ohler, that the Board approves payment of the following for materials or services purchased without a proper purchase order and certification and the Auditor is authorized to issue his warrant for payment of same: COUNTY: William Wohlwend, $175.17; Gor-Con, $795.00; Staples, $736.21. DJFS: National Council of State Boards of Nursing, $200.00. 10:14:47 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None. IN THE MATTER OF COMMISSIONERS OFFICE CLOSED 10:15:02 AM Commissioner Wheaton advised the Board of Commissioners office will be closed at noon on Friday, April 26, 2013. IN THE MATTER OF MAGES CONTRACT 10:15:22 AM Commissioner Ohler advised he received the settlement agreement in the release of the Mages contract, prepared by Attorney Sean Smith. Commissioner Ohler advised the bottom line is CIC will agree to pay 6% commission only if the Durely property consummates itself which is about a 14 acre parcel and then the option agreement on 50 acres and if that transaction closes, CIC will also pay the commission on that. Commissioner Wheaton questioned if the commission was $5,000/acre regardless of the sale price and Commissioner Ohler replied it is 6% based on what the option agreement was, which was 15. *********** A motion was made by Commissioner Jeffrey L Ohler, seconded by Vice President Robert E Wirkner, to sign the Settle Agreement and Mutual Release of Obligations from both parties based on the recommendation from CIC and the Board of Commissioner knowledge of the agreement. 10:17:50 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None. IN THE MATTER OF DEMAND CURTAILMENT 10:18:09 AM Commissioner Wirkner advised he has finally received a base number on what Demand Curtailment would entail per 100kw and that figure is $8,000. Commissioner Wirkner gave an overview of what demand curtailment is and it is so power companies can maintain their cushion of reserve against peak demand. They go to different large organizations and speak to them especially if they have a generator and ask them to participate in the program per every 100kw that you can curtail on demand when a peak takes place they will take and enter into an agreement and will provide you with so much for that agreement. Commissioner Wirkner advised right now in our area it looks like the agreement amount is $8,000 per 100kw give or take per year. Commissioner Wirkner stated they will have meetings to see who is offering the most and the best and then we will discuss if we want to participate in this at all. Commissioner Wirkner advised if the power grid reaches its peak capacity then the power company will contact individuals that have agreed to participate in demand curtailment and indicate to you that you now need to eliminate however much we agreed upon. The last time this was used was July of last year and the power grid tapped out and the only way they kept from having blackouts was to take in those people that were in the demand curtailment that did in fact curtail the demand to the point where they didn’t have to do that. IN THE MATTER OF AGILE NETWORK 10:22:21 AM Commissioner Wheaton advised Agile Network is going to move forward and start selling residential service and small business service in our county. Commissioner Wheaton stated they will be putting out a press release regarding the same. Commissioner Wheaton stated we have had no contact with CueBand and there is no way, shape or form that we are throwing them out but they are not actively doing what they are supposed to be doing. Commissioner Wheaton advised Ms. Leggett and he have a conference call at 11:00 a.m. regarding the $100,000 with Ohio Department of Development since they and the Governors Office of Appalachia came up with this grant we need to get direction on what to do.

245

246 A motion was made by Commissioner Jeffrey L Ohler, seconded by Vice President Robert E Wirkner, to adjourn at 10:28:08 AM The motion carried on the following vote: YEA: Commissioner Jeffrey L Ohler, President Thomas A Wheaton and Vice President Robert E Wirkner NEY: None ABSENT: None. ABSTAIN: None.

Carroll County Commissioners

/s/ Thomas A. Wheaton Thomas A. Wheaton /s/ Sonja G. Leggett Sonja G. Leggett Clerk (PREPARED BY)

/s/ Robert E. Wirkner Robert E. Wirkner

We hereby certify the foregoing to be true and correct.

/s/ Jeffrey L. Ohler Jeffrey L. Ohler

/s/ Sonja G. Leggett Sonja G. Leggett Clerk

/s/ Thomas A. Wheaton Thomas A. Wheaton

246

PRESIDENT

PRESIDENT