Executive Session put on agenda by Prosecutors Office, yet we still don’t know the question and the people say…uh-huh????

Here we have the Prosecutors office, in this case the late James Mayers office we elected for these matters putting on the agenda “executive session” – really, how about a question so the public knows why the commissioners have to go into executive session?

The Prosecutor’s office called an has added to the agenda an executive session to discuss imminent court action with the Commissioners on Tuesday, September 23, 2014 at 9:30 a.m.Stacey L. Crall, Clerk
Board of Commissioners
Richland County, Ohio
419-774-5551
By Law

121.22 Public meetings – exceptions.

(C) All meetings of any public body are declared to be public meetings open to the public at all times. A member of a public body shall be present in person at a meeting open to the public to be considered present or to vote at the meeting and for purposes of determining whether a quorum is present at the meeting.

The minutes of a regular or special meeting of any public body shall be promptly prepared, filed, and maintained and shall be open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions authorized under division (G) or (J) of this section.

(G) Except as provided in divisions (G)(8) and (J) of this section, the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters:

 Did this happen? – NO! – The Prosecutors office called this meeting by simply calling Stacy Crall and getting on the agenda, say what? The people were also shut out of this meeting, by LAW here it CLEARLY states in (C) above under 121.22 Public Meetings and Exceptions – where’s the exception other than Al from the MNJ saying this is covered under Sunshine Law?

My question here once again is WHY Donald Zehner and Attorney’s were at this meeting in place of the Prosecutors office? Al says once again this is none of OUR business based on Sunshine Law even though we the people were shut out! They did how ever admit this had to do with Ben Bissman and an illegal sale of Property, STILL have no idea why Donald Zehner and Attorney were allowed to attend for this yet we the people could not? 

Is ANYONE the least bit curious to why the Prosecutor conveniently committed suicide 3 days later after calling for this illegal meeting we the people were shut out of entirely with exception to those here, and those who were later added? 

Meeting Minutes from their site:

CERTIFICATE OF THE RICHLAND COUNTY

COMMISSIONERS RECORD OF PROCEEDINGS

In accordance with Ohio Revised Code Section 305.11, the Clerk of the Board of Richland County Commissioners hereby submits the following record of the Commissioners’ September 23, 2014 meeting, for recording into the Commissioners’ Journal, Volume 86, under the same date.

 

RICHLAND COUNTY COMMISSIONERS

Regular Meeting, Tuesday, September 23, 2014

COMMISSIONERS’ BOARDROOM

COUNTY ADMIN. BLDG., MANSFIELD, OHIO

Call to Order:               9:31 a.m.

In Attendance:             Commissioners: Utt, Olson, Wert

Excused:

Clerk:                           Stacey L. Crall

Guests:                        See Below

Tape:                           SEPT2314

 

Topic: Executive Session

Tape:   0.0.10

Present: Andrew Keller, Mike Bear, Richland Source, News Journal, Lt. Zehner

Discussion: Andrew Keller, Assisting Prosecuting Attorney, suggested the Commissioners enter into executive session to have a conference with their attorneys to discuss a dispute which is the subject of imminent court action.

Motion: Commissioner Olson moved to enter into executive session to consult with attorneys on a dispute which is the subject of imminent court action seconded by Commissioner Wert.

Other Comments: None further.

Vote: Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Out of executive session 10:03 a.m.

 

Topic:  Commissioners

Tape: 0.0.52

Present:  News Journal, Richland Source, Andrew Keller, Mike Bear, Lt. Zehner

Discussion: During executive session the Board discussed a dispute which is the subject of imminent court action with two attorneys from the Prosecutor’s office.

 

Topic: Peoples Community Center

Tape: 0.01.57

Present:  News Journal, Richland Source, Rachel Stephens

Discussion: Commissioner Olson commented he just talked to Barry Armstrong from the State taxation office regarding their vacation of the office space at Peoples Community Center. They plan to come back and take the copy machine. Some of the furniture has been claimed by other county offices. Commissioner Utt stated there are three desks and cubicle dividers left. The Erie/Huron/Richland County Community Action is interested in the space.

 

 

Topic:  Central Services

Tape:   0.05.50

Present:  Cathy Mosier, Rachel Stephens, News Journal, Richland Source

Discussion: Cathy Mosier, Director of Central Services, stated they are always looking at different opportunities for savings. The County has been a member of the U.S. Communities Purchasing Alliance, in the past, and participated in one of their contracts. They are a non-profit agency, established by local government to assist public agencies in the reduction of the cost of goods purchased.  In review of the office supply contract there could be a savings to the County in the amount of $1,400 a month. Central Services is requesting the Commissioners to renew their membership with U.S. Communities Purchasing Alliance and to utilize the office supply contract through Friends Business Source under ORC 9.48 (3)(D). Membership is free.

Motion: Commissioner Olson moved to renew the membership to U.S. Communities Purchasing Alliance to utilize the office supply contract through Friends Business Source under ORC 9.48 (3) (D) seconded by Commissioner Wert.

Other Comments: This will provide a savings from the current office supply contract.

Vote:  Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Topic:  Central Services – Procurement Cards

Tape:   0.11.07

Present:  Cathy Mosier, Rachel Stephens, News Journal, Richland Source

Discussion: Cathy reviewed the meeting held yesterday with Commissioner Utt, Stacey Crall, Auditor employees and Chase Bank regarding the procurement card contract. Chase Bank is not happy with how the process is working and the payment schedule. There is a 25 day payment requirement that is difficult to meet especially when the bill is received 10 days into the 25. Commissioner Utt noted they also believe any other bank will have the same issues. The Board discussed in length the need and use of procurement cards and the county’s current policy. Cathy is recommending cancelling the contract with an effective date of December 31, 2014. This will allow time to issue Requests for Proposals from someone else and start in January.

Motion: Commissioner Olson moved to cancel the procurement card program with Chase Bank effective December 31, 2014 seconded by Commissioner Wert.

Other Comments: None further.

Vote: Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Topic:  Central Services – Procurement Cards

Tape: 0.32.51

Present:  Cathy Mosier, Rachel Stephens, News Journal

Discussion: Cathy reviewed dates have not been chosen for the new proposal and would like the Auditor to review the terms of the proposal.

Motion: Commissioner Olson moved to authorize advertising for Request for Proposals for a Procurement Card program seconded by Commissioner Wert.

Other Comments: None further.

Vote: Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Topic:  Central Services

Tape: 0.34.21

Present: Cathy Mosier, Rachel Stephens, News Journal

Discussion: Cathy reviewed the renewal with Superior Dental will have the same rates and program we currently have. The renewal will be effective January 1, 2015 for one year. Genesis manages our VEBA and flexible spending accounts. Their renewal also has no changes to the contract. However we would like to add a carryover of $500 for flexible spending into 2015 that must be used by March 31, 2015. Cathy also requested the renewal with Employers Health Coalition for CVS/Caremark. The projected savings for 2015 is 2.89%. The current rebates received are about $35,000 every quarter. Employers Health Coalition negotiates savings on prescription medications for us.

Motion:  Commissioner Olson moved to renew contracts with Superior Dental, Genesis, with a $500 roll over of flexible spending, and Employers Health Coalition seconded by Commissioner Wert.

Other Comments: None further.

Vote:  Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Topic:  Central Services – Health Insurance

Tape:   0.38.51

Present:  Chip Knoop, Cathy Mosier, Rachel Stephens, News Journal

Discussion: Cathy inquired about the contract with Assurant and offering the supplemental insurance policies. Commissioner Olson asked if the problems had been corrected on premiums. Cathy said yes. Cathy stated Assurant has good products to offer employees. 380 employees participated and she knows there will be more interested during the upcoming open enrollment time. Rachel Stephens stated Assurant has been good to work with. When problems arose they helped fix them. A group rate is being offered to the employees for the supplemental insurance programs. The employee is solely responsible for the payment of the premium, through payroll deduction. Commissioner Olson commented on the life insurance for the employee paid and offered by the County. If administration becomes so cumbersome then it may not be worth continuing the contract to offer these extra policies. Commissioner Olson reviewed he spent three weeks reviewing where the county is financially and how things look for 2015. 2015 is very concerning. The county has not recovered from the 2008 recession. Offering supplemental insurance is a benefit but not a necessity when administration becomes so difficult.

1.02.06 Cathy inquired if the Commissioners wanted to maintain the current VEBA levels at $300 for single and $600 for family and will the employee contribution for health insurance increase the $5 per month. The Board said yes to the $5 increase and maintaining current VEBA incentive levels. Cathy inquired whether an employee who is on the buyout this year, completed all the wellness points, did not receive the VEBA payment but wants to join the health insurance plan next year, would they have the low deductible? Commissioner Olson said no he would not be in favor in that. Whenever you can maintain a policy you should and not allow exceptions.

Motion: Commissioner Wert moved to maintain the wellness VEBA incentive for 2015 at $300 for single and $600 for family and approve the $5 per month increase for the employee portion of health insurance premium seconded by Commissioner Olson.

Other Comments: None further.

Vote: Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Topic:  Central Services – Health Insurance

Tape:   1.05.57

Present: Chip Knoop, Cathy Mosier, Rachel Stephens, News Journal

Discussion: The Board agreed to allow Assurant to continue to offer their supplemental insurance programs to employees.

 

Topic:  Central Services – Health Insurance

Tape: 1.07.32

Present: Chip Knoop, Cathy Mosier, Rachel Stephens, News Journal

Discussion: Chip Knoop, from CBIZ, presented the funding information to the Commissioners with no changes in the plan for 2015. Based on the analysis the increase in funding is 1%. Large claims have decreased to help with the low increase. Commissioner Olson wonders if this is also a result of our wellness program really working. Commissioner Olson commented on the need for control of obesity in 2015. Cathy added the benefits fair is October 14th and there will be 20 vendors there regarding wellness. Commissioner Olson stated each office needs to allow their employees time to go the benefit fair to participate in the activities and talk to the vendors present. Commissioner Olson asked Cathy to provide information on the benefits fair so the Commissioners could send out a letter on the significance of the event. Chip stated about 47% of the county employees have the low deductible. Chip reviewed the renewal premium for stop loss with Anthem is being proposed to increase by $200,000. The current stop loss is at $175,000. Chip reviewed the history of claims and alternatives with Anthem on changing the stop loss level. Increasing the stop loss level means more risk the county will assume but the premium would decrease. Chip recommends increasing the stop loss to $200,000.

1.55.23 Chip reviewed three other documents prepared reviewing the CEBCO health insurance program. The review is on medical coverage only not prescription. Chip reviewed the information on their five plans and comparing to the county’s current plan. It appears the best for the county is to keep what we have now but this should be reviewed annually.

Motion:  Commissioner Wert moved to renew the contract with Anthem and increasing the stop loss amount to $200,000 seconded by Commissioner Olson.

Other Comments: None further.

Vote:  Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Topic:  Central Services

Tape:   2.08.08

Present: Chip Knoop, Cathy Mosier, Rachel Stephens, News Journal

Discussion: This Thursday is the next insurance meeting; Cathy asked if this information would be shared. The Board said yes. Commissioner Olson wanted to inform Chip the relationship with him has been professional and one of the most satisfactory the Commissioners have. Commissioner Olson trusts the work provided from his multiple years of work and understanding of the industry. Thank you for the service you provide to the county and you earn every penny you are paid. Commissioners Utt and Wert agree. Commissioner Olson asked for the name and address of the President and CEO of CBIZ so a letter can be written. Chip thanked the Commissioners for their comments. Commissioner Olson asked about the possibility of Townships joining the plan. Chip stated in an email an analysis would need to be completed to determine the risk the county would be assuming by adding a Township. The cost of the analysis will be $3,000.

 

Topic: Record of Proceedings

Tape:   2.22.32

Present: News Journal

Discussion:  The Board reviewed the Record of Proceedings for September 18, 2014.

Motion: Commissioner Wert moved to certify the Record of Proceedings for September 18, 2014 seconded by Commissioner Olson.

Other Comments: None further.

Vote: Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Topic: Requisitions

Tape:   2.22.42

Present:  News Journal

Discussion: The Board reviewed the list of requisitions for approval.

Motion: Commissioner Olson moved to approve the list of requisitions submitted for approval seconded by Commissioner Wert.

Other Comments: None further.

Vote: Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Topic:  Engineer – Rock Salt

Tape:   2.23.18

Present: News Journal

Discussion: The Board reviewed the second advertisement for rock salt materials to see if any bids will be received.

Motion: Commissioner Olson moved to authorize advertising for rock salt material on September 23, 2014 with a bid opening on October 9, 2014 at 10:30 a.m. seconded by Commissioner Wert.

Other Comments: None further.

Vote:  Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Topic: Township Roads

Tape:   2.24.01

Present: News Journal

Discussion: The Board reviewed the resolution submitted by the Monroe Township Trustees regarding closing Monroe Township Road 438 for the Malabar Heritage days on September 27 and 28, 2014 from 7:00 a.m. to 6:00 p.m.

Motion: Commissioner Wert moved to authorize the closing of Monroe Township Road 438 from 7:00 a.m. through 6:00 p.m. on September 27 and September 28, 2014 for the Malabar Farm Heritage Days seconded by Commissioner Olson.

Other Comments: None further.

Vote: Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Topic:  County Administration Building

Tape:   2.24.41

Questions from October 16th Commissioners meeting caught on tape when the record was shut off, why was that? – https://www.youtube.com/watch?v=dN2jlNNfKIU

Minutes of this meeting as you see are vague and general, hmmm?

CERTIFICATE OF THE RICHLAND COUNTY

COMMISSIONERS RECORD OF PROCEEDINGS

In accordance with Ohio Revised Code Section 305.11, the Clerk of the Board of Richland County Commissioners hereby submits the following record of the Commissioners’ October 16, 2014 meeting, for recording into the Commissioners’ Journal, Volume 86, under the same date.

 

RICHLAND COUNTY COMMISSIONERS

Regular Meeting, Thursday, October 16, 2014

COMMISSIONERS’ BOARDROOM

COUNTY ADMIN. BLDG., MANSFIELD, OHIO

Call to Order:               9:30 a.m.

In Attendance:             Commissioners: Utt, Olson, Wert

Clerk:                           Stacey L. Crall

Guests:                        See Below

Tape:                           OCT1614

 

Topic: Commissioners

Tape:   0.0.13

Present: Attorney Jim Wagner, News Journal, Randy Shepherd, Connie Garber, Citizen

Discussion: Commissioner Utt noted the first item on the agenda is for an executive session to discuss pending litigation.

Motion: Commissioner Wert moved to enter into executive session to discuss pending litigation seconded by Commissioner Olson.

Other Comments: Randy Shepard, citizen, asked for the case number since it is pending litigation. Commissioner Olson noted it is more accurate to state imminent litigation because nothing has been filed yet. Randy asked about what litigation. Attorney Wagner explained the topic is to force a lease option agreement that is in default. Randy asked for a copy of the lease agreement, since it is a public record.

Vote: Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Out of executive session at 9:56 a.m.

 

Topic: Commissioners

Tape: 0.01.58

Present:  News Journal, Attorney Jim Wagner, Randy Shepherd, Connie Garber, Phil Sydnor, Citizen

Discussion: Commissioner Utt reported Attorney Wagner will contact the person in question about the default lease and communicate back with the Commissioners.

 

Commissioner Olson stepped out of the office.

 

Topic: Requisitions

Tape:   0.02.41

Present:  News Journal, Attorney Jim Wagner, Randy Shepherd, Connie Garber, Phil Sydnor, Citizen

Discussion: The Board reviewed the list of requisitions for approval.

Motion: Commissioner Wert moved to approve the list of requisitions seconded by Commissioner Utt.

Other Comments: None further.

Vote: Mr. Utt, yes; Mr. Olson, absent; Mr. Wert, yes. Motion carried.

 

Topic:  Transfers

Tape:   0.03.17

Present:  News Journal, Attorney Jim Wagner, Randy Shepherd, Connie Garber, Phil Sydnor, Citizen

Discussion:  The Board reviewed the weekly interdepartmental transfers and appropriations.

Motion:  Commissioner Wert moved to approve the weekly transfers and appropriations seconded by Commissioner Utt.

Other Comments: Commissioner Olson re-entered the meeting. Randy asked about changing the agenda to note it was imminent litigation. Clerk Crall stated it was her mistake for the agenda and the minutes will reflect the correct reason for the executive session. Commissioner Olson stated the problem with the lease agreement and forcing your rights it is more imminent than pending. Randy asked why the Prosecuting Attorney is not litigating the issue. Commissioner Olson reviewed when the issue started there is a potential of Federal law being part of the action and Assistant Prosecuting Attorneys suggested Attorney Wagner because of his expertise in property law. Randy asked was it put in writing from the Prosecutor himself that they would not litigate the issue. Commissioner Olson said nothing is in writing. We had a meeting with Assistant Prosecuting Attorneys on the issue. Randy believes the Prosecutor is the only one person who can represent the Commissioners and has to put in writing when they will not handle a case. Commissioner Olson disagrees. Lawyers in the Prosecutor’s office are assigned to specific duties.

Vote: Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Topic: Wastewater – Kochheiser Road

Tape:   0.08.46

Present:  News Journal, Attorney Jim Wagner, Randy Shepherd, Connie Garber, Phil Sydnor, Citizen

Discussion: The Board reviewed a letter from Keith Amstutz, Vice President of Shaffer, Johnston, Lichtenwalter regarding the Kochheiser Road sanitary sewer bid award. Commissioner Olson reviewed the letter also states due to the contractor’s limited experience that the construction inspectors should oversee the work closely. Clerk Crall reported the construction inspection will be completed by K. E. McCartney.

Motion: Commissioner Wert moved to award the Kochheiser Road sanitary sewer project to Shrock Premier Custom Construction, LLC at a bid price of $239,387.35 seconded by Commissioner Olson.

Other Comments: None further.

Vote:  Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Topic: Engineer – Rock Salt

Tape: 0.11.16

Present:  News Journal, Attorney Jim Wagner, Randy Shepherd, Connie Garber, Phil Sydnor, Citizen

Discussion: The Board reviewed a letter from Adam Gove, Chief Deputy Engineer, regarding the rock salt bids. Only one bid was received and with a limit of tonnage to be received. In efforts to secure rock salt for the winter Adam is recommending accepting the bid. Commissioner Olson commented on the need for use of more grit this winter. Commissioner Wert stated he does not like to be in this position paying double the cost, over last year, and be limited to the amount of rock salt to be received.

Motion:  Commissioner Wert moved to accept the bid from Detroit Salt, Co, at $78.62 per ton at a maximum amount of 5,000 tons seconded by Commissioner Olson.

Other Comments: Commissioner Olson agrees. It is a free market with supply and demand but it has never been explained why the supply is so short. The Engineer and Townships have some reserves but not enough for the entire winter. Brine treated grit will be used whenever possible. It will be difficult to share the amount of salt being received.

Vote: Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Topic: Central Services – Food Service

Tape:   0.15.01

Present:  News Journal, Randy Shepherd, Connie Garber, Phil Sydnor, Rick Freeman, Citizen

Discussion: The contract is available, to sign, for food services with Trinity Services Group.

Motion: Commissioner Olson moved to sign the contract for food services with Trinity Group based upon the vendor’s bid received on July 10, 2014, awarded on August 21, 2014, and as reflected on page 4b of the contract documents seconded by Commissioner Wert.

Other Comments: None further.

Vote:   Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Topic: Wastewater

Tape:   0.16.15

Present:  News Journal, Randy Shepherd, Connie Garber, Phil Sydnor, Rick Freeman, Citizen

Discussion: Rick Freeman, Director of Wastewater, informed the Commissioners one of his employees is doing much better with their medical problems. Billy’s title was Chief of Maintenance and Luann’s was Superintendent. When Luann retired Billy was recently promoted to Superintendent. The Chief Maintenance position is still vacant along with a maintenance technician position. Rick requested permission to advertise for both positions. The other employee who has been out on sick leave is due back next week. The Board discussed the job description, requirements and pay rate. Wastewater operator’s license is not required for the positions. Commissioner Olson added it would be good during the interview process to ask if the candidate is interested in obtaining the licenses.

Motion: Commissioner Olson moved to authorize advertising for two vacant positions at Wastewater seconded by Commissioner Wert.

Other Comments: None further.

Vote:  Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes. Motion carried.

 

Topic: Health Insurance Meeting

Tape:   0.28.34

Present: News Journal, Randy Shepherd, Connie Garber, Phil Sydnor, Citizen

Discussion: The Board called Cathy Mosier, Director of Central Services, to inquire about the 1:30 p.m. health insurance meeting. Cathy stated she would like to cancel it with the Commissioners’ approval. The Board agreed to cancel the meeting.

 

Topic: Citizens’ Concerns

Tape:   0.29.50

Present: News Journal, Randy Shepherd, Connie Garber, Phil Sydnor, Citizen

Discussion: Phil Sydnor asked how to pursue threats he is receiving over the internet. Phil stated he will not go into the Sheriff’s office and wants the Commissioners to facility a meeting with the Sheriff to address the threats. Connie Garber questioned the Commissioners of the killing of her son. Commissioner Olson stated they did not have any information on the incident, except what has been printed in the news paper. Phil stated the whole public is talking and is upset. Citizens are expressing their concerns of fraud in the county. Randy spoke of his personal legal issues he has been having with the City and County over the years and mentioned to the Commissioners in previous meetings.

 

ADJOURNMENT: There being no further county business to discuss, the meeting was adjourned at 10:47 a.m. at tape 0.52.31.

 

Submitted by:  Stacey L. Crall

 

BE IT RESOLVED the Richland County Board of Commissioners hereby accepts the foregoing as the correct record of proceedings of the board meeting held October 16, 2014 in Mansfield, Ohio.

 

Mr. Wert moved adoption of the foregoing resolution. Mr. Olson seconded the motion. The roll, being called upon adoption, resulted as follows:  Mr. Utt, yes; Mr. Olson, yes; Mr. Wert, yes.

 

 

 

___________________________________

 

 

___________________________________

 

 

ATTEST:  ________________________       ___________________________________

CLERK                                          BOARD OF COUNTY COMMISSIONERS

RICHLAND COUNTY, OHIO

 

CERTIFICATE

The foregoing is hereby certified as the official record of proceedings of the Richland County Board of Commissioners meeting October 16, 2014.

 

___________________________________

Gary Utt, Sr., Chairman

 

___________________________________

Stacey L. Crall, Clerk

BOARD OF COUNTY COMMISSIONERS

RICHLAND COUNTY, OHIO

 

Vol. 86 Page_____

 

Only 4 of us showed this time, next time we will bring enough for a Jury!

Only 4 of us showed this time, next time we will bring enough for a Jury!

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