This 29th day of May, 2019, the Board of County Commissioners met in regular session with the following members present: Roy Klopfenstein, Tony Zartman, Mark Holtsberry and Cindy Peters, Clerk.



MEETING NOTES OF APPOINTMENTS

County Prosecutor Joe Burkard presented the voting equipment resolution and contract along with the resolution for disposal of old equipment for the Board of Elections. The commissioners also briefly discussed the interstate joint county ditch with Burkard that includes Defiance, Dekalb and Paulding counties.



County Court Judge Suzanne Rister met with the commissioners to discuss the technology grant that was applied for and received. County Court has received a quote from Henschen and Associates to do a software upgrade. Rister informed the commissioners that the Probation Officers will be able to better track probationers. The software is going to be a positive for the court. We also learned a lot at the technology conference. Rister also added that rain had come into the chamber after the most recent rain last week. We are also in the process now of applying for a pre-trial services grant. We ordered some SCRAM (Secure Continuous Remote Alcohol Monitor) devices and body cameras with some of our grant monies. We are also purchasing some vests. Sheriff voiced some concern so everybody has a body camera and vest when they go out. Tickets received over the holiday weekend totaled 377. There were 2,061 traffic cases that have been filed in 2019. Civil cases – 187 and Criminal cases 188 for 2019. In the lobby, the men’s and women’s restroom has one toilet not working. Hanenkratt Plumbing will be notified to do the repair. The State of Ohio has their reinstatement fee amnesty initiative through the end of July. The Ohio Bureau of Motor Vehicles implemented a six-month driver’s license reinstatement fee debt reduction and waiver program for offenders whose driver’s licenses have been suspended for specific violations.



IN THE MATTER OF AUTHORIZING THE PAULDING COUNTY ENGINEER TO ADVERTISE FOR BIDS FOR THE 2019 PAULDING COUNTY COLD MIX PAVING PROJECT

BE IT RESOLVED, that the Board of County Commissioners does hereby authorize Travis McGarvey, Paulding County Engineer, to advertise in a paper of general circulation within the County for two consecutive weeks for bids for the 2019 Paulding County Cold Mix Paving Project.



IN THE MATTER OF APPOINTING A MEMBER TO SERVE ON THE PAULDING COUNTY VISION BOARD

WHEREAS, the Payne Mayor recommended Lyn Collis to the Board of County Commissioners to serve on the Paulding County Vision Board, to-wit; therefore,

BE IT RESOLVED, that the Board of County Commissioners does hereby appoint Lyn Collis, replacing Zoe McMaster, as a member on the Paulding County Vision Board, effective this 29th day of May, 2019.



IN THE MATTER OF AUTHORIZING PARTICIPATION IN A SUBLEASE-PURCHASE ARRANGEMENT WITH THE OHIO SECRETARY OF STATE FOR THE PURPOSE OF ACQUIRING AND IMPLEMENTING VOTING MACHINES AND EQUIPMENT AND FINANCING CERTAIN COSTS THEREOF, A SUBLEASE-PURCHASE AGREEMENT EVIDENCING SUCH ARRANEMENT, AND MATTERS RELATED THERETO.

WHEREAS, pursuant to Amended Substitute Senate Bill 135 of the 132nd Ohio General Assembly (as the same may be amended, modified, revised, supplemented or superseded from time to time, the “Act”) and the financing program authorized thereunder (the “SoS Financing Program”), the Secretary of the State of Ohio (the “Sublessor”) is providing financing to Ohio counties for the acquisition of voting systems, including, but not limited to, voting machines, marking devices, automatic tabulating equipment, and direct record electronic voting machines, as defined in Ohio Revised Code (“ORC”) Section 3506.01, together with associated allowable expenditures, as defined in the Act; and

WHEREAS, in accordance with ORC Section 3506.02, it has been determined that the equipment used by the citizens of the County of Paulding, Ohio (the “Sublessee”) to vote in federal, state and local elections shall be changed to that equipment described in the Proposal of ES&S (the “Vendor”) dated May 2, 2019 (the “Proposal”); and

WHEREAS, the Vendor has submitted a draft contract for the implementation of the Proposal to the Sublessee (the “Project Contract”), and the Sublessor has reviewed and approved the Project Contract (as it relates to the SoS Financing Program) and the Project Equipment (as hereinafter defined); and

WHEREAS, the Proposal requires the Sublessee to acquire certain voting machines and equipment (the “Project Equipment”) and pay certain costs related to implementing the Proposal (along with the acquisition of the Project Equipment, the “Project”) and this Board of County Commissioners of the Sublessee (the “Legislative Authority”) desires to accept the Proposal, enter into the Project Contract, undertake the Project, and finance a portion of the cost of the Project by utilizing the provisions of the SoS Financing Program; now, therefore,

BE IT RESOLVED by the Board of County Commissioners of the County of Paulding, State of Ohio, that:

SECTION 1. It is hereby determined to be necessary, desirable and expedient, and in the best interests of the Sublessee and its citizens, for the Sublessee (i) to accept the Proposal, (ii) enter into the Project Contract, (iii) acquire the Project Equipment, and (iv) finance a portion of the costs of the Project Equipment (the “State-Financed Equipment”) and other costs of the Project by participating in the Sos Financing Program.

SECTION 2. The Sublessee’s participation in the SoS Financing Program shall be evidenced by a Sublease-Purchase Agreement between the Sublessor and the Sublessee (together with all exhibits and appendices thereto, the “Sublease”). At least two members of the Legislative Authority and the Sublessee’s County Auditor (collectively, the “County Signers”) are hereby separately and individually authorized, alone or with others, to execute and deliver the Sublease on behalf of the Sublessee in substantially the form presently on file with the Legislative Authority, which is hereby approved, with such changes not substantially adverse to the Sublessee as the County Signers may approve; the approval of such changes and that the same are not substantially adverse to the Sublessee shall be conclusively evidenced by the execution of the Sublease by the County Signers.

SECTION 3. All of the obligations of the Sublessee set forth and covenants made by the Sublessee under the Sublease are hereby established as duties specifically enjoined by law and resulting from an office, trust or station upon the Sublessee within the meaning of ORC Section 2731.01 et seq.

SECTION 4. Pursuant to the SoS Financing Program, the Sublessee shall not be required to make any scheduled payments towards the purchase of the State-Financed Equipment to the Sublessor or any other entity. To pay that portion of the cost of the Project not financed through the SoS Financing Program, there is hereby appropriated from the Sublessee’s General Fund (i) in the amount of $24,108 and (ii) to pay the Sublessee’s other obligations under the Sublease during 2019 the amount of $24,108.

SECTION 5. The County Signers and other appropriate officers of the Sublessee, or any of them, are hereby separately and individually authorized and directed to (i) make the necessary arrangements with the Sublessor to establish the date, location, procedure and conditions for executing and delivering the Sublease, and delivering the Sublease to, the Sublessor, and (ii) give all appropriate notices and execute and deliver, on behalf of the Sublessee, such additional instruments, documents, agreements, certificates, and other papers as may be in their discretion necessary or appropriate in order to carry out, give effect to and consummate the transaction contemplated thereby in such forms as the official executing the same may approve, and to take all other steps necessary or appropriate to effect the due execution , delivery and performance of the Sublease pursuant to the provisions of this resolution. The Clerk of the Board of County Commissioners shall furnish to the Sublessor a true transcript of proceedings pertaining to the Sublease containing such information from the records of the Sublessee as is necessary to evidence or determine the regularity and validity of the authorization, execution and delivery of the Sublease. Each of the County Signers is hereby separately and individually designated to act as the authorized representative of the Sublessee for purposes of the Sublease until such time as the Legislative Authority shall designate any other or different authorized representatives for such purpose.

SECTION 6. The Sublease shall constitute a special obligation of the Sublessee. Nothing in the Sublease or any agreements or documents relating thereto shall constitute or be construed or deemed to constitute a debt, bonded indebtedness or a general obligation of the Sublessee. Neither the taxing power nor the full faith and credit of the Sublessee are pledged or shall be pledged for the payment or security of the Sublease, or any other related agreement or document.

SECTION 7. The Legislative Authority acknowledges that the Sublessor has obtained funds for the SoS Financing Program by utilizing a sublease-purchase/certificates of participation arrangement, and that the interest component of the Sublessor’s lease payments thereunder is intended to be exempt from federal income taxation under the Internal Revenue Code of 1986, as amended and the regulations prescribed thereunder (the “Code”). The Legislative Authority hereby covenants that it will restrict the use of the State-Financed Equipment in such manner and to such extent, if any, as may be necessary after taking into account reasonable expectations at the time the Sublease is entered into, so that the interest portion of such lease payments by the Sublessor will not be subject to federal income taxation under the Code. Any County Signer or any other officer having responsibility with respect to the execution and delivery of the Sublessee is authorized and directed to give an appropriate certificate on behalf of the Sublessee on the date of delivery of the Sublease, setting forth the facts, estimates and circumstances and reasonable expectations pertaining to the use of the State-Financed Equipment and other matters under the Code.

SECTION 8. It is hereby determined that the terms of the Sublease and this resolution are in compliance with all legal requirements. If any section, paragraph, clause or provision of this resolution or the Sublease shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any remaining provisions of this resolution or the Sublease, respectively. Any provisions of any ordinance or resolution inconsistent with this resolution are hereby repealed, but only to the extent of such inconsistency; this provision shall not be construed reviving any ordinance or resolution or any part thereof.

SECTION 9. It is found and determined that all formal actions of the Legislative Authority concerning and relating to the adoption of this resolution were adopted in an open meeting of the Legislative Authority, and that all deliberations of the Legislative Authority and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with the law, including ORC Section 121.22.

SECTION 10. This resolution shall take effect and be in force upon its adoption.



IN THE MATTER OF DISPOSAL OF VOTING EQUIPMENT

WHEREAS, the Ohio Secretary of State’s Office has adopted a policy on transfer or disposal of voting equipment purchased with Help America Vote Act (HAVA) funds; therefore

BE IT RESOLVED, the Paulding County Board of Elections has voting equipment that is no longer in working condition due to age, malfunction, or damage and will therefore dispose of the equipment; and be it

FURTHER RESOLVED, the Board of Elections shall maintain accurate records of all equipment disposed of in the event of relevant audits, claims, litigation, negotiations or other proceedings regarding the disposal of voting equipment originally purchased with Help America Vote Act (HAVA) funding.



IN THE MATTER OF ENTERING INTO A SERVICE CONTRACT FOR CLEANING THE COUNTY COURTHOUSE AND OTHER COUNTY OFFICES

WHEREAS, the Board of County Commissioners have previously signed a service contract agreement for cleaning the courthouse and other county offices from May 1, 2019 through December 31, 2019, and

WHEREAS, the aforementioned service contract is nearing the end of its term; now, therefore

BE IT RESOLVED, that the Board of County Commissioners does hereby enter into a service contract with Ira Good to provide cleaning services to Paulding County as an independent contractor beginning May 1, 2019 through December 31, 2019. A copy of said contract is on file in the Commissioners’ Office.



IN THE MATTER OF AWARDING PROPOSALS FOR EXTERNAL COURTHOUSE REPAIRS

WHEREAS, three proposals were received for building restoration courthouse repairs on May 24, 2019 from Grunwell-Cashero Co.; and

BE IT RESOLVED, after review of the aforementioned proposals, the Board of County Commissioners does hereby award the External Courthouse Repairs Project to Grunwell-Cashero Co. collectively in the amount of $42,600.