Description THURSDAY, DECEMBER 29, 2005 SESSION
Date12/29/2005 Location Commissioners
 
Time Speaker Note
9:00:08 AM Call Meeting to Order

Pledge of Allegiance

Opening Prayer

Roll Call Attendance - All Present

Approve Minutes of December 22, 2005








Commissioner Barnaby made motion to approve
Seconded by Commissioner Graf. Motion carried unanimously
9:01:39 AM OLD BUSINESS

Weekly Dog Warden Report Week of December 18, 2005 to December 24, 2005
 
9:02:06 AM Jan Burkhard, Grants Coordinator - Discuss FY2006 Vision 100 FAA Pre-Application
An extension has been requested and granted so the application will not be done today.
9:03:22 AM Review 2005 Master Certificate of Coverage and Facility Certificate of Coverage for Airport Underground Storage Tank
 
9:03:58 AM NEW BUSINESS

Review Public Health Levy Request from the Fulton County Board of Health


The Board of Health members have submitted a .50 mill renewal for the Commissioners to review. The Auditor will have to certify the millage before the Commissioners act. Mr. Hall will review a resolution for that purpose.

Mr. Hall mentioned that there will be several other levys up for renewal as well and looks for those to be before the Commissioners some time in January.
9:07:45 AM Resolutions:

Resolution 2005-848 Enter into Professional Consulting Services Contract 2006-16 with MAXIMUS, Inc. - Cost Allocation Plan


Commissioner Barnaby made motion to approve
Seconded by Commissioner Graf. Motion carried unanimously
9:11:03 AM Resolution 2005-849 Enter into Child Care Contracts 2006-17 through 2006-22 with Various Vendors for Job & Family Services
Commissioner Genter made motion to approve
Seconded by Commissioner Graf. Motion carried unanimously
9:12:00 AM Resolution 2005-850 Advertise for Bids for Fulton County Landfill Leachate Hauling Service and Waive Required Contract and Performance Bonds
Commissioner Barnaby made motion to approve
Seconded by Commissioner Genter. Motion carried unanimously
9:15:42 AM Resolution 2005-851 Enter into IV-D Service Contract 2006-23 with Fulton County Juvenile Court - Magistrate Services
Commissioner Graf made motion to approve
Seconded by Commissioner Genter. Motion carried unanimously
9:15:59 AM Resolution 2005-852 Transfer Funds from County General to Children Services Board - Boarding Home Payroll
Commissioner Barnaby made motion to approve
Seconded by Commissioner Genter. Motion carried unanimously
9:17:25 AM Resolution 2005-853 Transfer Funds for CSEA to Public Assistance Shared Costs
Commissioner Genter made motion to approve
Seconded by Commissioner Graf. Motion carried unanimously
9:18:10 AM Resolution 2005-854 Increase and/or Transfer Appropriations among Various Funds
Commissioner Genter made motion to approve
Seconded by Commissioner Graf. Motion carried unanimously.
9:19:44 AM Resolution 2005-855 will be acted on later in the session  
9:19:58 AM Resolution 2005-856 Approve Then and Now Purchase Orders and Payments
Commissioner Genter made motion to approve
Seconded by Commissioner Graf. Motion carried unanimously.
9:22:49 AM Resolution 2005-857 Approve Purchase Orders and Travel Requests
Commissioner Genter made motion to approve
Seconded by Commissioner Graf. Motion carried unanimously
9:24:10 AM Resolution 2005-855 Clarifying Process of Calculations Used to Determine Year 2006 Benefits Plan

Recess
Commissioner Genter felt that the other Elected Officials should be heard with regards to this resolution.
10:00:22 AM Resolution 2005-855 Clarifying Process of Calculations Used to Determine Year 2006 Benefits Plan Commissioner Genter made motion to approve
Seconded by Commissioner Graf.

Discussion:

Roger Nagel, Nancy Yackee, Bev Schlosser, Sandy Barber, Darrell Merillat, and Frank Onweller were present for the discussion.

Roger Nagel explained how this issue came up and that Mr. Hall had asked him to take a look at. He explained the prior resolution had a county contribution cap in it. Mr. Nagel referred to an Attorney General's opinion pertaining to the plan. He said that Henry County had also done this. Mr. Nagel has reviewed this and also called the Attorney General's office regarding the wording in our resolution. The State Auditor's office attorneys were also contacted. Everyone consulted agreed that Fulton County would be bound by that cap and that any other action would be in violation of the constitution.

Mr. Nagel stated that Commissioner Genter had provided him yesterday with documents from the consortium with Henry County. He then referred to a search for an Attorney General's opinion on this matter of consortium agreements. Mr. Nagel then read a syllabus regarding this and said he did not find anything specific to insurance.

Mr. Nagel said that he plans to sign and provide the Auditor with a waiver that would state he does not want the auditor to pay any more insurance on his behalf than they did the past year.

Commissioner Genter poseed the question that the consortium is the insurance company and that is managed by the board of directors and that the Commissioners can determine what employees and officials are eligible for the insurance and at what levels it will be provided...he believes that employees and offcials are then members of the consortium. Lump sum payments are made and the cap Mr. Nagel referred to is just an estimate and is not a real-program cost. Commissioner Graf commented that premiums paid this year are less than last year. Mr. Nagel said he was not aware of this and asked who determines the benefits the county will have. Commissioner Genter said the consortium does but each county can choose their own plans. Mr. Nagel asked who decided what the county offers to its employees. Commissioner Genter answered the Board of Commissioners. Mr. Nagel said that is where he sees the problem. If compliance with the Statute is a factor, then why would the constitution not be a factor as well. Mr. Nagel said the Commissioners passed a resolution saying there was a cap and now they are saying there is not a cap. He expressed confusion as to how the insurance is set up - are they an insurance company. Commissioner Graf explained the consortium rents their network. Mr. Nagel read the 2004 resolution passed by the Board of Fulton County Commissioners where it explains the employee contribution, county contribution and cap set for the health insurance plan. He again asked who decides what plans are offered to the employees. Mr. Hall explained the consortium provides what plans are available to the participants. Nr. Nagel asked who is on the consortium board. Mr. Hall said it is made up of County Commissioners but they are acting as directors of the consortium board. He added that there was only one plan offered. Mr. Nagel asked about 2005. Mr. Hall said we are talking about 2006.

Sandy Barber questioned when the Commissioners voted and put a cap in place at a time when there were different packages to look at. How can you apply the same thinking when this program is totally different. Commissioner Graf agreed that what was historically offered is now gone and the 2006 program is a new one. Commissioner Genter added that it all depends on who is using the system. Mr. Hall said there was not legislative action by the board because there was only one plan available to them.

Mr. Nagel referred to the 2005 Attorney General's opinion again. Commissioner Graf reiterated that he would agree if there were more plans available for offering to the employees. Mr. Nagel said he is not disagreeing, but what would happen if one of the directors would disagree. Commissioner Genter said that it is a majority decision. Commissioner Graf explained how the bidding process works and then how the plans are come up with. The estimated cost for January for payments to the pool is $200,000 and if the bill from Medical Mutual comes in higher we have to send the money.

Frank Onweller asked about the cap talked about and the change in formula...he thinks it comes down to language in a resolution versus the intent. Mr. Nagel says that he does not disagree at all with that thought. He sees where the problem could be...the county is bound by what that resolution says. He said he does not have a problem with asking the Attorney General for a formal opinion in this case. Sandy Barber said she sees this as new and not at the same as 2005 plan offerings. Mr. Nagel said again his problem is that it is called a health insurance plan. Frank said again it just a wording issue in how a resolution was written. Nancy Yackee said maybe the right questions are not being asked for the response needed.

Mr. Hall said that it is not an issue of the cap but rather legislative action...Mr. Nagel agreed. Mr. Nagel read again from an Attorney General's opinion regarding a public employee's compensation. He said his opinion or decision has been based on what he was asked to look at and would be happy to look at the situation based on the consortium agreement or bylaws. Mr. Hall said the resolution he has prepared should take it back to what was historically done but may not even be needed if an opinion is sought.

Mary Gype entered the meeting.

Mr. Nagel stressed that this is about a change in benefits provided being changed by legislative action. The argument is that this would be correct if the same plan or plans were being offered as when the officials started their term and that is not the case. Waivers signed by the public officials saying they would pay the same as what their employees pay was discussed.

Sandy asked where this all left us today if Mr. Nagel cannot give an opinion. Mr. Onweller asked if this would all go away and not even be a factor once everyone's terms ended. Mr. Hall said yes. Commissioner Genter agreed the cap wording should be dropped because in essence it was an employee cap. Mary Gype stated she is not in favor of seeking an Attorney General's opinion.

Mr. Hall agrees that more research should be done but that the opinion will be sought by the state examiners when our records are audited. Mr. Onweller commented that it could be looked at differently with a new state auditor being elected next year. Darrell said that he thinks the elected officials should just take their chances. The other officials present were in agreement.

Commissioner Genter asked how to proceed with this resolution. Mr. Hall said he is not sure that it is even needed. Commissioner Graf withdrew his second and Commissioner Genter withdrew his motion.
11:14:17 AM    
11:25:50 AM Meeting Adjourned  
11:25:57 AM


___________________________
Jack Graf


___________________________
Dean Genter


___________________________
Paul Barnaby

ATTEST:___________________________
Rhonda J. Borton, Clerk
 
11:26:54 AM Signed Copies of the minutes, or an audio recording of the meeting, in its entirety, are available for review in the Office of the Clerk of the Board, 152 S. Fulton St., Suite 270; Wauseon, Ohio 43567-3309  

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