STARK COUNTY COMMISSIONERS
MINUTES
Date: August 21, 2008
Subject: Board Meeting
Present: Commissioner Tom Harmon, President
Commissioner Jane Vignos, Member
Mike Hanke, County Administrator
Jean Young, Clerk to the Board
Commissioner Harmon opens the meeting at 9:00 AM. Commissioner Bosley is not in attendance he is on official business in Columbus, Ohio.
Recite – Pledge of Allegiance
Commissioner Vignos moved, seconded by Commissioner Harmon to approve the agenda as submitted.
Roll Call: Yes. Motion Carried.
NOTICE: Minutes of meetings of the Board of Commissioners are filed as a permanent record in the official journal of the Board of Commissioners. The official record includes originals or copies of all resolutions that are adopted by the Board. This includes resolutions approving the signing of Contractual documents, financial transaction forms and other actions adopted by the Board. Contracts, agreements, leases, purchase orders, personnel actions and other such material referred to in the resolutions are filed by subject in the Administrative Offices and originated departments. The official journals that include, the minutes and related resolutions are available for public inspection in the Administrative Offices of the Commissioners.
Public Speaks:
Richard Belgar – 7121 Kirby Avenue NE – Plain Township, Canton, Ohio
He is here for the Petition to Incorporate the City of Plain. They understand that their petitions were rejected. They have had a meeting Jeannette Mullane yesterday, and they asked her to explain the procedure by which they went through to validate the petitions. Based on what she told them. The first thing they do when they get the petitions they go through and validate all of the signatures. When they went through the signatures there were 3,325. Out of the 3,325 there were on 73 signatures that were not valid. The other 3,250 signatures were all valid signatures. After they certified those were valid signatures, then they check the petition to see if there was any technicality with petition for reason to through them out. The first thing he would like to contest, is they said they did not sign the circulator petition. This is a four page petition, on page one, two, three and page four, page four has a complete signature name and address. His legal understanding when you sign papers if you have your complete signature on the one part of the petition you can initial the other parts of the document which would make it legal. They initialed every page of the signature and legally signed, dated the last page of each petition, so legally they signed all of them. They have talked to an attorney and he has agreed with them, and suggested that they come to the Board of Commissioner first before they get involved in any legal action. Now as far as a final total that was a misinformation between them and the Board of Elections. When they talked to Cathy she told them if they would put the total on each page, then on the last page do not put the total of all pages because when the Board of Elections go threw and mark off all of the illegal signatures they will put the total on there on the back. If they put a total on there it would conflict with their total. The only thing they were told was not to worry about the zip codes being on the petition. They needed city and state and took the zip codes off. Some still put the zip codes on anyhow. By doing that he feels they meet statutory requirements for the petition that is required by law.
Roy Barr – 1211 39th Street NE, Canton, Ohio Resident of Plain Township- Chairman of the Steering Committee to Incorporate Plain Township as City of Plain. He gives the Commissioners a document titled A Motion for Reconsideration and Protest the Commissioners Resolution to Deny the Placing on the Ballot in the General Election the issue to Incorporate the Contiguous Portion of Plain Township Canton, Ohio. Mr. Barr gives the highlights of the document.
1) Disenfranchisement of the Plain Township Petition Signers by both Stark Board of
Elections and Stark County Commissioners. Only 2% of the signatures were invalid, which
makes 98% of the petitions signers that are now being disenfranchised who are now being
disenfranchised by refusing to have this put on the ballot.
2) Received from the Stark County Board of Elections, indicates there was a letter dated July
28, 2008 of which was an initial determination by the Stark County Board of Elections,
now is that part of the Public Record and could he get a copy of this document?
3) City of Canton has adopted a resolution that will force people to annex into the city or loose
there Water and Sewer Services. This will place many of residents in dire circumstances.
Because of this alone they fill that it encumbered upon the Stark County Commissioners to
allow them to have a vote on the Incorporation of Plain Township.
Commissioner Vignos – first of all she does have a copy of the letter from the Board of Elections identifying the clause in the petition and she also has the resolution. She has had a lot of years of experience with the Board of Elections as well and she feels for their problem. But, the Board of Elections is the Authority and it is her understanding from the conversation with Ms. Mullane when she came in and was here when they made the resolution that she conferred with the Secretary of State who is the final word on qualifying petitions and she tells her because you didn’t total on the last page by the circulators signature that this was reason enough to invalidate the whole petition. She does not know and she would look to their legal counsel but she doesn’t know if she has the authority to do other than what the Board of Elections has dictated to them.
Mr. Hanke, the problem here is the dispute you have is with the Board of Elections, not with the Board of Commissioners. The Board of Commissioners can’t act on placing this on the ballot because the Board of Elections has not certified the proper number of valid signatures. It is really as simple as that, they can’t go any further with it Mr. Barr, the dispute is with the Board of Elections on the validity of the Petitions. They literally in their August 13, 2008 letter invalidated 2,646 signatures based on missing circulators statement.
Commissioner Vignos – the statement is there but the total number of votes in the petition isn’t?
Mr. Hanke – It is very clear on what they said, the list the valid signatures 606, not registered at 27 not registered at given address 36, signatures left genuine 1, wrong district 3, duplicates signatures 6 and 102 entire pages invalidated because of missing circulator stamp. And the Board of Commissioners can not act beyond that, because the validity of the signature must be presented by the Board of Elections.
Commissioner Harmon – Address’ Mr. Barr and informs him that he and his two colleagues of supporting the citizens of Plain townships right to choose the type of Government they want. There are two people in this room that make a living because the people have the right to choose who they want representing them The last thing in the world they wanted was to be involved after all of the hard work that you and Mr. Gier and everybody did was to disenfranchise voters, he fully supports and wanted your cause through the democratic process, he personally has never had a conversation, the Administrator did with the director of the Board of Elections and he believes the Assistant Prosecutor relevant to this case. He was informed he no longer had the authority to override that because the question came down to there weren’t enough of signatures. He informs them that their legal options are not finished, his feelings are not going to be hurt if an Attorney files for some sort of injunction, he wishes that the Plain Township Residents can vote on it. He believe based on Counsels advise this body doesn’t have the authority to force it on the ballot.
Commissioner Vignos – asks the following question – She also feels that people should have the right to vote on anything, and she goes beyond to putting things on the ballot. Have you approached the Board at the Board of Elections?
The Board isn’t going to meet again before the dead line.
Mr. Barr and Gier were instructed they need to deal with the Board of Elections and Secretary of State to hear their appeal.
Jean Young:
Financial:
Transfer
Public Defender From – Other TO – Service -Payments for Routine Reimbursement
for Phones - $1,000.00
Commissioner Vignos moved, seconded by Commissioner Harmon to approve the Transfer as submitted.
Roll Call: Yes. Motion Carried.
Purchasing Items:
Requisitions:
Commissioners – 2008 Ditch Program – vendor – various - $100,000.00
J&FS – Subsidized Adoption – vendor – various - $100,000.00
Commissioner Vignos moved seconded by Commissioner Harmon to approve the requisitions as submitted.
Roll Call: Yes. Motion Carried.
Discuss for Consideration:
Travel Requests:
Various travel requests for various county departments as submitted.
Total Travel: $3,142.20
Commissioner Vignos moved seconded by Commissioner Harmon to approve the travel request as submitted.
Roll Call: Yes. Motion Carried.
J&FS Contracts:
Day Care Contract – Michele Yeager – 8/31/08 thru 6/30/09 – Rate Increase
Commissioner Vignos moved seconded by Commissioner Harmon to approve the J&FS Contracts as submitted.
Roll Call: Yes. Motion Carried.
Applewood Center of Cleveland Ohio - $1,000,000.00 and encumber $50,000.00
Independent Living and Foster Care
Commissioner Vignos moved, seconded by Commissioner Harmon to approve the J&FS Contract with Applewood Center of Cleveland Ohio with encumbrance as submitted.
Roll Call: Yes. Motion Carried.
Marilyn Hoover:
Consider for Approval:
Applications:
12 OPWC Applications for Program Year 2009
Frank Avenue/Applegrove/Strausser Street Intersection
Cleveland Avenue/Mt. Pleasant Intersection
12th Street Improvement
Trump Avenue/Georgetown Intersection
Belden Village Traffic Signal
Various Road Surfacing
Georgetown Street Reconstruction
Vine Street, Mt. Pleasant, Third Street, Mt. Eaton and Baywood Street Bridges
Commissioner Vignos moved seconded by Commissioner Harmon to approve the 12 OPWC Applications for Program Year 2009 as submitted.
Roll Call: Yes. Motion Carried.
Agreement:
Professional Services Agreement – Dick Corporation – Tremont Avenue Bridge Project
Commissioner Vignos moved seconded by Commissioner Harmon to approve the Agreement with Dick Corporation for the Tremont Avenue Bridge Project as submitted.
Roll Call: Yes. Motion Carried
Mike Hanke
Discuss/Consider for approval:
Executive Session – Imminent Litigation
Commissioner Vignos moved seconded by Commissioner Harmon to approve to adjourn to Executive Session to discuss Imminent Litigation at 1:43 PM
Roll Call: Vignos – Yes Harmon – Yes Bosley – Absent Motion Carried.
Commissioner Vignos moved seconded by Commissioner Harmon to return to exit Executive and Return the Meeting back to Regular Session at 2:30 PM
Roll Call: Vignos – Yes Harmon – Yes Bosley – Absent Motion Carried.
No action was taken as a result of the Executive Session
Commissioner Harmon adjourns the meeting at 2:31 PM
Respectfully submitted,
Marcia M. Ashby
Orig.: Jean Young
Cc: Commissioners