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STEUBENVILLE -- The Jefferson County Auditor told commissioners Thursday there's no way he can pay the nearly $7,000 invoice submitted for "additional restoration services" related to a controversial State Route 213 water-line relocation project.
Conn told commissioners that, "While I respect the board's desire to address the outstanding invoice, I must again advise that I cannot issue a warrant for this invoice or any other invoice arising from this project until the foundational defects in the procurement and authorization process are cured."
"Ohio law leaves me no discretion on this point," he said.
Conn in May had asked the Ohio Auditor of State's office for guidance on how to handle invoices associated with the project "because there were certain steps that were skipped" -- including that there was no prior appropriation of funds, no purchase order or signed contract and no vote being taken during a public meeting. At the time, he'd also warned them the likelihood of it ending in litigation was "fairly high."
Since then, Common Pleas Judge Joseph Bruzzese approved requests for Conn and the commissioners collectively to secure outside counsel to represent them.
Commissioners had voted 2-1 to pay the invoice, submitted for Border Patrol. Commissioner Tony Morelli, who'd made the motion, has said "all he wanted to do was get the ball rolling" toward a resolution. Commissioner Jake Kleineke, who seconded the motion, had said he was "for paying all of it" and described the work that was done as "a public service necessity."
Commissioner Eric Timmons, who voted no, said he was merely following the instructions he'd been given in May when Conn learned the water-line relocation was nearly done.
At this week's meeting, Conn explained, in writing, that, legally, his hands are tied since the work was done without prior appropriation, without a purchase order or signed contract and without a vote being taken during a public meeting.
He also pointed out commissioners' authorizing him to pay the invoice "does not retroactively supply the missing auditor's certificate, appropriation or prior public action required by statute."
"Until the defects...are cured through a legal process, my hands remain tied," he added, writing that he "remains ready to work cooperatively with (the commission) to identify a lawful resolution that protects both the county treasury and the auditor's office from personal liability. Until the statutory requirements are satisfied, however, I cannot and will not issue a warrant for this invoice or any others related to the (SR 213) water-line relocation project."
Later, he reiterated that he cannot warrant the invoice "because the project was not authorized." He also said he has no way of knowing when he'll get the guidance he needs to move forward with it.
"Unfortunately, I'm not in a position to forecast what happens next," he said. "Nothing at this time is scheduled on my end."
Commissioners, meanwhile, agreed to advertise for a new Job and Family Services director due to the impending retirement of Director Michelle Santin. Her retirement takes effect Nov. 30. They also agreed to give the Jefferson County Health Department nearly $4,100 from the county's Opioid Settlement funds to purchase six NaloxBoxes for outlying areas.
Naloxone, also known as "Narcan," reverses opioid overdoses.
Health Commissioner Andrew Henry told commissioners the additional funding would "help expand Naloxone access, particularly in areas where availability is currently limited."
Henry said boxes currently are located at the Tower building, the county jail, Milton Jefferson Recovery, Chrysalis Health and Trinity physical offices in the Goodwill Plaza in Wintersville, but the additional funding "would allow (them) to expand naloxone access to additional areas of the county and provide (boxes) to several other local treatment agencies."
Commissioners also:
– Signed an agreement for engineering services with Mannik Smith Group to update bridge load ratings in accordance with applicable county, state and federal requirements. Compensation is capped at $52,750, with the local share at $10,550.
– Inked an agreement with the Ohio Department of Transportation for resurfacing 1.25 miles of County Road 46 and a 1.65-mile stretch of the same road.