Commissioners, HCCAO reps talk conflict resolution process for CHIP project; commissioners give another sewer project update

Highland County commissioners Terry Britton, David Daniels and Brad Roades met with representatives of Highland County Community Action to discuss conflict resolution options for an issue with a Community Housing Impact and Preservation (CHIP) project and gave another update on sewer improvement plans during their Wednesday, April 19 meeting.

Mark Current, James Matticks and Julia Wise of Highland County Community Action discussed an ongoing conflict between HCCAO and two local homeowners who have made a number of allegations regarding work done to their home through Community Action’s Home Weatherization Assistance Program and CHIP Program.  

Almost exactly one year ago — on April 13, 2022 — the homeowners attended a county commission meeting and listed a number of complaints and allegations about the plumbing, electricity and other work completed at their residence.

In response, Current conducted an investigation last spring that involved interviews of HCCAO staff and contractors and a visit to the home. The report shows that Current, along with Britton and other HCCAO representatives, reviewed each of the allegations at the residence in April 2022 and wrote a response for each. For many of the allegations, Current said the investigation revealed “no evidence” to support those claims.

According to Current, work on the home was completed in 2019, with the homeowner completing the final certification and client satisfaction in June 2019 “stating his overall experience was excellent” and signing a “positive” CHIP Client Satisfaction Questionnaire in May 2019.

Despite the fact that the work was completed four years ago, and the fact that Current found “no evidence” to support the homeowner’s claims a year ago, the issue has still not been resolved, Current told commissioners Wednesday.

In an attempt to resolve the conflict with the homeowners, Current said the state is recommending they start “the final step in the conflict resolution process,” which is arbitration, even though technically the issue should not even qualify for arbitration.

“This is supposed to be, according to the conflict resolution, only within the first year after work is completed,” Current said. “You really can't hold somebody responsible for work that was completed four years ago.

“I don't think this would amount to a whole lot because we're way past the deadline, and also, because so many eyes have been through the house, seen the work. Some of the claims that have been made are just so outlandish. I don't think this process would take long or amount to that much, but it is the final step in the process.”

Current added that the cost is to be paid “out of CHIP administration funds,” and that since the county commissioners’ office is the grantee for the CHIP program, arbitration can be initiated by either the county commissioners or by HCCAO themselves.

Daniels asked what “the formal structure of this arbitration” would be. Current said that it is through the American Arbitration Association.

“It would, for the most part, be with submission of documents,” Current said. “The way I read it, it would most likely be one arbitrator.”

Current told commissioners that since filing his report last year, a state monitor also inspected the home and found “no validity to the claims.” The homeowners later scheduled a meeting with Roades, who had not yet taken office as commissioner at the time of their original complaint. Current said that Roades invited HCCAO reps to attend that meeting as well, which he appreciated, because “they were accusing us of various things.”

Current said that the homeowners have allegedly taken photos of himself and of Matticks “at various times” and in different locations and have allegedly left a voicemail “full of rage,” making allegations about HCCAO staff, to a representative of a state agency.

Daniels asked if Current had spoken to law enforcement. “I would advise you to make sure they have a heads up,” Daniels said. “You need to make them aware.”

Daniels told HCCAO that they can “start the process” of arbitration but added he felt HCCAO has “done their due diligence,” with Britton saying they’ve gone “over and beyond.”

“We've invested well over a year into trying to satisfy their concerns, and obviously, we're not able to,” Daniels said. “If this is the last step that closes the door on this issue, then I suggest that you go ahead and start the process. However we can be of assistance in that, I think, then let us know.

“I feel that arbitration is unnecessary at this point, but if that's what we need to do to close the door on it, then we should do it.”

Britton agreed, saying the commissioners will “be here if you need us.” Current said he would let them know if the state advises whether it makes a difference if HCCAO or the commissioners’ office initiates the arbitration process.

In other discussion:

• For a second straight week, Daniels gave an update on plans for Rocky Fork Lake sewer improvements, this time asking Rolling Acres users to fill out an income survey.

As previously reported, on April 12 Daniels gave a brief update on proposed upgrades to the Rocky Fork Lake and Rolling Acres sewer systems, warning users that rate increases are likely after plans for the multimillion-dollar repairs are finalized. As of April 12, he said the project is estimated at over $4 million.

In May 2022, commissioners released their initial round of awards for American Rescue Plan Act expenditures, with the Rocky Fork plant receiving the most funding. At that time, the commission earmarked $1,450,000 for new clarifiers and mechanical screen for mixed liquor and another $340,000 to replace oxidation ditch aerators and Variable Frequency Drives, plus $454,100 for Rolling Acres WWTP improvements (replacing collection system mains). Commissioners held a bid opening for Rocky Fork Lake Wastewater Treatment Plant improvements, receiving five multimillion-dollar bids, in March. They have since held multiple work sessions outside of their regular 9 a.m. meeting to mull funding plans for the project.

On April 19, Daniels said that Rolling Acres users can expect a survey in the mail, while all Rocky Fork Lake sewer users can expect to receive communications from the commissioners’ office soon about the planned improvements, timetables and costs.

“We are about ready to send out an income survey to Rolling Acres sewer system users,” Daniels said. “I can't stress enough the importance of those folks filling out that survey. That opens up the door for grant opportunities for help with some of the capital costs that are going to be necessary.

“Those surveys will go out to property owners and property managers, and it's important that they take the time to fill those out and send them back in. We’re not trying to pry into their business, but we are trying to find a way to secure some grant funding for this project.”

Daniels added that for Rocky Fork Lake system, they plan the project to include two different phases, which will be explained in their communications to RFL sewer users.

“We’re getting ready to send out a letter to the property owners kind of outlining at least what we think the program will look like, and what some of the tentative costs are going to be,” he said. “Phase one, we've already got bids in on constructing new clarifiers, and phase two is a tertiary filter that needs to be replaced. We haven't bid out the phase two part of it yet, but this kind of walks through the timeline.

“We're getting ready to send that out and offer comments for those folks to let them know that these projects are being considered and the time frame that we expect them to be completed in.”

Commissioners voted several months ago — in November — to implement a 38-percent increase for Rolling Acres, to $50 per month; and a 20-percent increase for the county’s Lakeside system, to $48 per month. At that time, Daniels said users in the Rocky Fork Lake sewer system should also expect rate increases at some point. As mentioned, commissioners said April 12 that more increases are coming, as Daniels said “improvements that need to be made will result in increased user fees and costs associated with those systems.”

Britton said that the letters from the commission will include “what kind of increases” the sewer users can expect.

“I think it’s important to point out that those are tentative,” Daniels said. “Those financial pictures are subject to change depending upon funding availability, etc., etc.”

• Highland County Auditor Alex Butler shared the latest permissive sales receipts, with $679,258.42 reported for April.

“That is almost exactly a $200,000 drop from last month, but that is no cause for concern,” Butler said. “Historically, April is the lowest month of the year, and historically, there is a substantial drop from March to April. I know at face value, it may look like there's cause for concern, but we’re consistent with historical information.”

Daniels pointed out that the April totals are also $35,748.66 higher than the April 2022 receipts.

Year to date, the county has already surpassed $3.1 million in receipts, while for the first months of 2022 — a record-high year — the total was just under $3 million.

• In other financial news, county treasurer Vickie Warnock provided a positive update for the first quarter of 2023 during the county’s investment advisory committee meeting.

For January through March 2023, Warnock said the county has already accrued more investments in the first three months of 2023 than for all of 2022.

“For the quarter for STAR Ohio, we have made $72,946.82; STAR Plus for the quarter, $26,448.79; Fifth Third, $22,341.93; checking account, $103,712.52; and the ICS account, so far for the quarter, we've made $287,055.84, for a total interest for the quarter of $512,505.90, which is more than we made for the whole year last year,” Warnock said.

In January, Warnock had reported $351,038.43 for the year, which was also a significant increase over 2021 totals. The reason for the jump this quarter is because “interest rates have gone up considerably,” she said, particularly for the ICS account.

“We're not making quite as much in the Fifth Third, only because we had them in CDs, for like two-, three-year terms when the interest rates were down,” Warnock said. “Those are starting to come due. We're reinvesting those for a larger interest rate now.”

Daniels asked if Warnock had any recommendations for changes or to “move any of these funds around.”

“No, I really don’t,” she said. “With what we're getting paid in the ICS and the checking account right now, and until the money's disbursed for settlement and we know how much we even have to deal with, I wouldn't mess with anything right now.”

• Main Street development coordinator Susan Howland and finance director Gary Lewis of the Village of Greenfield attended Wednesday’s meeting, seeking an update on when the village could expect to be awarded American Rescue Plan Act funding from the county.

Howland had also attended the commission’s April 12 meeting, asking for “an update on Greenfield’s request for the ARPA funds.” At that meeting, Britton said he had initially thought they would be voting on it April 12 but that the project would be “awarded very, very soon.”

As previously reported, the county voted April 5 to commit $750,000 in funding toward the City of Hillsboro’s $3.1 million request for ARPA funds for the Roberts Lane extension.

Along with the city of Hillsboro, the village of Greenfield submitted a request for funding to the county in 2022, seeking $550,000 for their Downtown Facade Improvement Program for small business owners. In addition to helping local businesses make needed repairs to their buildings, the village said they would use the funds to create a Revolving Loan Fund to continue supporting businesses moving forward.

Lewis said Wednesday the village wanted to seek another update and offer any assistance the county might need in granting their request.

“There was apparently some type of delay,” Lewis said. “I think you had indicated that you were going to act on that today, and then you sent a message yesterday, I believe, to Mr. Wilkin, saying that wasn't going to happen.

“We're just kind of here, kind of wondering, what seems to be the snafu here? Can we help you?”

Britton said they are still “working on it.”

“I'm going to guess that there's some money coming in the future, at least that's what’s kind of indicated,” Lewis said. “Do you have a time frame or anything where we can expect that?”

Daniels responded that they have “paperwork to clear up,” but that it is the county’s “desire to get it done as quickly as possible.” Britton added, “You’re not the only ones waiting. We’re diligently working through all of them.”

Lewis offered any assistance in helping “expedite things along,” saying the commissioners could call or stop by his office anytime.

“We use that money for our businesses, and anybody who's gone through Greenfield knows it's had a profound impact,” he said. “We’ve got great plans in Greenfield, and we look forward to partnering with you gentlemen and taking care of Greenfield.”

“We appreciate your patience,” Britton said.

• Commissioners held a work session with records manager Julie Wallingford as they continue ongoing discussions for the planned county records storage facility.

On Wednesday, Wallingford said she was seeking “feedback” on a policy she has drafted; permission to order three pallets of boxes; and input on software plans.

Britton said that as long as county prosecutor Anneka Collins was OK with the policy, he didn’t have “any problem with it.” Wallingford said that Collins has “already looked at it” and “signed off on it.”

Regarding the boxes, Wallingford said she wanted to buy three pallets — “one for [the administration] building, one for the courthouse and one for North High” — with each pallet including 460 boxes, to begin re-boxing records.

Britton asked if Wallingford had obtained multiple quotes for the purchase. “Early on, I did get some quotes from other sources,” Wallingford said. “They were all more per box.”

Britton advised Wallingford to figure out “what the price break is” for bulk ordering in case they did not want to order all three pallets up front.

Wallingford said she is also looking into software systems for the records center. She asked if commissioners wanted a program that only “covers the records in the records center” or one that other county offices can use to “track their stuff from the moment they create” a record.

For example, she said, some offices are tracking their records with a spreadsheet and it’s “really not working for them,” while other offices have in-house systems that already work.

“There may be three or four offices that could really benefit from having something, start to finish,” Wallingford said. “I just kind of need to know what you have in mind, as far as the life cycle of the documents. Do you not want me to do anything with them until they come to the records center?”

“Would it be easier on your archiving efforts if it was ready for you when it came in?” Daniels asked.

Wallingford said it would be “great for me,” but it is “about what you all prefer.”

Britton pointed out that the price of the software is also a consideration. Wallingford said she is seeking “ballpark pricing” on different software, but “we’re still trying to figure out exactly what options we need to have included.”

Daniels asked if Wallingford needed to have a meeting with all department heads about getting a system in place for tracking records.

“It would be advantageous for you and your efforts, and what ends up going into the system, if it was ready to go when it came in,” Daniels said. “I think you end up finding a software package that you like, and then let's talk to the elected officials and say, ‘is this something that you can readily adopt?’

“If it doesn't work for their needs, OK, but at least if we get some that are doing the work on the front end so that there's not so much work to do once it comes in and everybody understands how it works, I think that's probably the best possible scenario.”

Wallingford said for offices that already have their own software, she can use data they export to put it into her system whenever that is established. Once the records department has software in place, she said, a “group session” would be beneficial.

• Although not discussed during the meeting, commissioners received several items of correspondence regarding solar project.

Julie Graham-Price of the Ohio Power Siting Board sent a reminder of the OPSB’s vote on the Palomino Solar project set for April 20. (Check back to highlandcountypress.com for an update.)

Victoria Orchard of National Grid Renewable also sent a copy of a qualified energy project (QEP) tax exemption application for Fayette Solar, LLC.

The project, which includes parcels in both Fayette and Highland counties (Madison Township area), is proposed as an “up to 47.5MW solar energy generating system,” according to the application. The substation would be in Highland County, “near the intersection of Lovers Lane and East Martinsburg Road,” the application says.

Orchard sent a copy of the company’s QEP application to the state to both Highland and Fayette County commissioners, seeking “a resolution in support of the project as a QEP and  [to] establish the amount of the payment in lieu of tax (PILOT) payment as well as payment disbursement date(s).”

• Britton noted that the commissioners office has received three recent communications from the Ohio Division of Liquor Control. One was a reminder from a previously submitted letter regarding upcoming expirations, while they also received a notice of a renewal for the North Shore Drive Sunoco and a new license application for Carmel Market LLC.

For the Sunoco and Carmel Market, commissioners said they would wait “at least a week” before taking any action, pending public input.

• At 9:24 a.m., commissioners voted to enter an hourlong executive session with several individuals, including Highland County economic development director Julie Bolender and Destiny Bryson, Katy Farber and Taylor Stepp of Ohio Southeast Economic Development, before resuming their regular meeting.

Also during Wednesday’s meeting, commissioners made the following approvals, each by a 3-0 vote:

• A resolution for an additional appropriation from unappropriated funds to Other – Revolving Loan Fund in the amount of $150.

• A request from the Recorder to establish two new line items within the Computer Equipment Fund, and a request for a budget modification within the 2155 fund in the amount of $158.67.

• An additional appropriation from unanticipated revenue to Juvenile Supplies Fund in the amount of $865.50.

• A contract with Gaines Property Management for county mowing for 2023.

• An electricity supply agreement with Free Point Energy Solutions.

• An addendum to a lease agreement with the Ohio Department of Public Safety for the Bureau of Motor Vehicles office at the Hi-TEC building.

• A motion authorizing the commission president to execute a provider agreement with Highland County Family and Children First and Jeanette Mottie.

“Jeremy is contracting with another provider,” Britton said. “They're going to be a combination between Fayette County and Highland County on that, so this is just an agreement for that.”

• A motion authorizing the commission president to execute a CDBG income survey letter.