Commissioners met March 25, third public hearing scheduled on sales tax issue

The Board of Adams County Commissioners met in regular session on March 25, 2019 at the Government Center with the following members present:  Ty Pell, Diane Ward and Barbara Moore. The meeting was called to order by President Pell and opened with prayer and the Pledge of Allegiance led by Pastor Bob King.  Joyce King was also present.
It was moved by Ty Pell and seconded by Diane Ward to approve the minutes.  Vote: All aye.
It was moved by Diane Ward and seconded by Barbara Moore to approve the bills.  Vote: All aye.
It was moved by Ty Pell and seconded by Diane Ward to approve transfers of funds.  Vote: All aye.
It was moved by Diane Ward and seconded by Barbara Moore to approve the following travel request: Larry Heller – 2019 Ohio Clerk of Courts Title Seminar- Worthington, Ohio- April 17-18, 2019- $245.77. Vote: All aye.
It was moved by Diane Ward and seconded by Barbara Moore to adopt a resolution to declare an emergency in Adams County from February 2-9, 2019 due to heavy and torrential rains as presented by EMA Director Karen Howelett. Vote: All aye.
It was moved by Diane Ward and seconded by Ty Pell to approve the Adams Clermont Solid Waste Plan for 2018 – 2037 as presented by Hannah Lubber, Solid Waste District Director. Vote: All aye.
It was moved by Diane Ward and seconded by Barbara Moore to approve an updated Super Med Share Agreement with Medical Mutual for the county health insurance group plan. Vote: All aye.
It was moved by Barbara Moore and seconded by Ty Pell to approve the Airport Capital Improvement Program (ACIP) for the Adams County Alexander Salamon Airport for FY 2020 – FY 2029 in accordance with the Federal Aviation Administration and the Ohio Department of Transportation, Division of Aviation regulations. Vote: All aye.
The following agency and departmental reports were filed as follows: Adams County Children Services 2018 Annual Report; Dog and Kennel Department Activity Report for week ending 3-15-19; and Animal Humane Agent Report for weeks ending 3-17-19 and 3-24-19.
ECD Director Holly Johnson discussed the following issues with the Board:  Adams County Training Center update; Get Worker FIT program.
JFS Director Angela Richmond discussed the following issues with the Board:  Signing CSEA IV-D documents completed along with follow up discussion planned; personnel.
The first of two public hearings for the FY 2019 Community Development Block Grant (CDBG) and Community Housing Improvement Program (CHIP) was held in the Conference Room of the Government Center at 10 a.m. with the following individuals present: Michael Phipps, and Rae Ann Inskeep, Manchester Village Council Members; Oliver Township Trustee Quintin Baker; Liberty Township Trustee Wendell Swearingen; Wayne Township Trustees Steve Leonard and Thomas Downing; Jerry Kirker, West Union Village; Tiffin Township Trustee Richard Dryden; Rick Adamson, Adams County Regional Water District; Wayne Hanson, Bratton Township Trustee; Tom Perdue, Franklin Township Trustee, Becky Sanders, Franklin Township Trustee; Jessica R. Dooley, Adams County Public Library; Jayme Eldridge, Village of Peebles and Winchester, ABCAP Executive Director Alvin Norris, and ECD Director Holly Johnson and Administrative Assistant Amanda Fraley. In addition to the CDBG and CHIP programs other grant information was presented.
Alan Bird, CEO, Adams County Regional Medical Center, discussed the following issues with the Commissioners: LifeNet contract payment; Hospital board proceeding with plans to become 501 (C) (3), also will no longer be eligible for sales tax renewal; Finances improving due in part to renegotiation of insurance and provider contracts. Mr. Bird was informed that sales tax funds continue to be held in escrow for the hospital in anticipation of debt consolidation gap funding-these funds are available to the hospital upon their request.
EMS Chief Matthew Carey and Administrative Assistant Linda Steele discussed the following issues with the board: Brush Creek Motorsports Complex Emergency Medical Support contract; Personnel; E911 Technical Advisory Committee meeting; Departmental budget; Consultant contract.
It was moved by Diane Ward and seconded by Ty Pell to renew an agreement between the Adams County Emergency Medical Services and Brush Creek Motorsports Complex, LLC, for emergency medical support as recommended by Chief Matthew Carey. Vote: All aye.
It was moved by Ty Pell and seconded by Diane Ward to approve the employment of Jill Parr as a part time EMT Basic with the Adams County Emergency Medical Services effective March 25, 2019 at the rate established per salary schedule as recommended by Chief Matthew Carey.  Vote: All aye.
It was moved by Barbara Moore and seconded by Diane Ward to approve the employment of A. J. Streeter as a part-time Medic with the Adams County Emergency Medical Services effective March 25, 2019 at the rate established per salary schedule as recommended by Chief Matthew Carey.  Vote: All aye.
It was moved by Ty Pell and seconded by Diane Ward to approve the change of EMT Basic Travis Baker from a volunteer with the Adams County Emergency Medical Services to part-time status effective April 19, 2019 at the rate established per salary schedule as recommended by Chief Matthew Carey.  Vote: All aye.
It was moved by Ty Pell and seconded by Barbara Moore to approve the change of employment of Medic Frances Hook from full-time to part-time status with the Adams County Emergency Medical Services effective March 25, 2019 at the rate established per salary schedule as recommended by Chief Matthew Carey.  Vote: All aye.
Jay and Leah Prather along with Attorney John Lawler met with the Commissioners, ECD Director Holly Johnson, and Assistant Prosecuting Attorney Dana Whalen to discuss revisions to the lease purchase agreement for the Adams County Training Center site.
Assistant Prosecuting Attorney Dana Whalen discussed the following legal issues with the commissioners: E911 Technical Advisory Committee meeting; Emergency medical services; Board requests Attorney General’s Opinion regarding options for funding emergency and E-911 communications; Sandy Springs Roadside Park quit claim deed.
It was moved by Ty Pell and seconded by Diane Ward to enter into executive session with EMS Chief Matthew Carey to discuss imminent court action in accordance with ORC 121.22 (G) (3) at 12:03 p.m.  Assistant Prosecuting Attorney Dana Whalen also was present for the meeting. Vote: All aye.
President Pell reconvened at 12:05 p.m. as it was determined the issue did not qualify to be discussed in executive session.
It was moved by Ty Pell and seconded by Barbara Moore to retain Lawrence Bennett, Esq., with Katzman, Logan, Halper and Bennett, LCP, for services pertaining to Adams County Emergency Medical Services as recommended by EMS Chief Matthew Carey. Vote: All aye.
The second of two public hearings were held at 1 p.m. concerning a proposed resolution to change the purpose of a one-half of one percent (1/2% or 0.5%) sales tax from the Adams County Regional Medical Center Permanent Improvements to the County General Fund.  This change would be effective April 1, 2020.
Those present for the hearing were as follows: Dave Riley, Leanne Liston, ECD Director Holly Johnson, Debbie Ryan, Coordinator Adams County CHC, County Auditor David Gifford and EMS Chief Matthew Carey.
The public hearing was opened to receive testimony for or against the proposed change. Questions regarding the proposed changes which the board addressed are as follows:
1. The county’s tax budget for Fiscal Year 2019 will hopefully still be in the black by Dec. 31. However, FY 2019 will experience the full effect of the loss of revenues due to the closing of the two DP&L coal-fired power plants and the loss of the Medicaid Sales Tax. Adams County was able to absorb the loss of revenues by cutting the budget for FY 2018 and flat-funding the budget for FY 2019, but projections show a deficit for FY 2020. The loss of $400,000 in Medicaid Sales Tax and over $1 million due to the closures of the DP&L power plants will have an absolute effect on the county’s provision of the mandated services required by the state even with the imposed budget cuts for FY 2018 and FY 2019. The county cannot sustain current services and personnel due to the loss of revenues. To further exacerbate the budget situation, the state legislature and Senate approved a 5% pay raise for elected officials back in December of 2018 for incoming officials for FY 2019, an additional 5% for FY 2020, and a 1.75% COLA for FY 2021 through FY 2028, even though elected officials had just received a pay raise in 2016. Any increase in salary also increases employee benefits for OPERS and Medicare. Adams County is the only designated “Distressed County” in the Ohio Valley Regional Development Commission due to the major loss of property tax and Medicaid Sales tax revenues. The sales tax revenue will assist the budget in retaining services and personnel.
2. The Ohio Revised Code allows for voter approval at an election or a resolution of the Board of Commissioners to implement a sales tax. The purpose of the “Public Hearing” is to obtain public opinion on whether or not the sales tax proposal should be implemented. The Board of Commissioners has not taken action and the O.R.C. alternatives will be discussed, and a decision will be brought to a vote whether or not to take it to the voters or implementing it according to Ohio Revised Code guidelines after the conclusion of the two separate public hearings. If a decision is made to implement the sales tax through a resolution of the Board, registered voters will have an opportunity to submit a referendum requesting the Board of Commissioners place the question of the sales tax on the ballot. Either way, the voters can have an opportunity to cast their vote on the question of the sales tax adoption.
3. ACRMC has not received the sales tax revenues since the spring of 2017. The Board of Commissioners and the ACRMC Hospital Board agreed to an Escrow Account for the sales tax revenues. This agreement came to fruition due to the agreement with the county to assist the hospital by obtaining a loan on behalf of the hospital for re-organization to a private entity. This agreement ensured the county would not be subject to paying a debt for the hospital if the sales tax experienced a decrease for the remaining period of the term of the tax. This funding is still being held in the escrow account by the county while the ACRMC Hospital Board is still in the process of re-organization. Hospital personnel has advised me of the profit the hospital has already experienced this year, without the benefit of the sales tax revenues. The minutes journal of the Board of Commissioners also has documentation that ACRMC administration projected that the sales tax would not be needed by the third year of the levy.
4. This sales tax will not be an increase, just a continuation of the current amount. The sales tax is paid by everyone that purchases a taxable item compared to property tax which is a sole burden to property owners. Sales tax is an across the board tool to assist with the provision of government services. This tax is not only paid by Adams County residents, but also those that travel through and/or visit Adams County. Adams County has unfortunately experienced two major setbacks due to the loss of DP&L property tax and the Medicaid Sales tax.
Testimony was received from Leanne Liston in favor of the levy stating that budgetary cuts which would result in loss of staff in the Clerk of Courts office due to budgetary cuts would be detrimental.
An additional hearing will be scheduled to allow for additional public comment and review of the issue of the sales tax repurposing.
A third public hearing is being planned to allow for additional public comment and review of the issue of the sales tax repurposing.
Auditor David Gifford discussed the possible allocation of a portion of funds from the proposed sales tax for emergency E-911 communications.
The board met with Sheriff Kimmy Rogers to review the final phase of implementation of the court house security in which the general public and courthouse staff will enter and exit the courthouse through the main entrance. Side and back door entrances will be locked. These measures will commence April 1, 2019. Also discussed was staffing requirements and scheduling. Also, Sheriff Rogers was updated regarding safety programs afforded to law enforcement agencies through the Corsa insurance program.
The Board held a preliminary road viewing of Brandi Lane which has been petitioned by Sam Kimmerly and others to be established as a public road in Oliver Township Road System.  The matter was tabled and will be discussed further.
ECD Director Holly Johnson informed the Board of progress being made in clean-up efforts on a property determined by a township to be a nuisance.
It was moved by Diane Ward and seconded by Barbara Moore to approve a quit claim deed to transfer ownership of the Sandy Springs Roadside Park to the Green Township Trustees as presented by Assistant Prosecuting Attorney Dana Whalen. Vote: All aye.
It was moved by Barbara Moore and seconded by Ty Pell to accept the resignation of Travis Baker as a member of the Adams County E-911 Technical Advisory effective March 25, 2019.  Vote: All aye.
It was moved by Diane Ward and seconded by Barbara Moore to appoint Rick Bowman as a member of the Adams County E-911 Technical Advisory effective March 25, 2019.  Vote: All aye.
It was moved by Diane Ward and seconded by Barbara Moore to schedule a third public hearing on a proposed resolution to levy a one-half of one percent (½% or 0.5%) sales tax levy effective April 1, 2020, to change the purpose from the Adams County Regional Medical Center permanent improvements to thr County general fund. The hearing will be conducted on Monday, April 8, 2019, at 6 p.m. at the office of the Board at 215 N. Cross Street, Suite 102 West Union, Ohio. Vote: All aye.
It was moved by Ty Pell and Barbara Moore to adjourn, and the meeting was adjourned.