WHEREAS, the County of Lorain, Ohio (the “County”) has issued various Hospital Facilities Revenue Bonds (the "Bonds") to finance and refinance the costs of "Hospital Facilities," as defined in Section 140.01, Ohio Revised Code, for the benefit of Catholic Healthcare Partners (the “Corporation”) and its nonprofit affiliates, and for the better provision of healthcare services to the residents of the County, and in connection with the issuance of such Bonds, the County has entered into certain leases and subleases of Hospital Facilities with the Corporation and certain of its affiliates; and
WHEREAS, Riverside Mercy Hospital ("Riverside Mercy Hospital "), an Ohio nonprofit corporation and affiliate of the Corporation, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual, and which has authority to operate Hospital Facilities, has granted a leasehold interest to the County in certain of its property (the “Riverside Mercy Hospital Existing Facilities”) pursuant to and as defined in the Amended and Restated Agreement of Lease dated as of September 1, 2003 (the “Riverside Mercy Hospital Lease”); and
WHEREAS, the County has subleased the Riverside Mercy Hospital Existing Facilities and certain other hospital facilities, comprising in the aggregate the “Existing Facilities,” to the Corporation pursuant to and as defined in the Amended and Restated Sublease dated as of May 1, 2006, as amended by the First Supplement to Amended and Restated Sublease dated as of November 1, 2007 and the Second Supplement to Amended and Restated Sublease dated as of March 1, 2008 (as supplemented and amended, the “Master Sublease”);
WHEREAS, the Corporation and Riverside Mercy Hospital have requested the County, pursuant to Section 2.25 of the Master Sublease, to release a portion of the Riverside Mercy Hospital Existing Facilities, which the Corporation and such Affiliate have represented are not otherwise needed for the operation of the Existing Facilities as Hospital Facilities, from the Riverside Mercy Hospital Lease and the Master Sublease, so that such property may be converted to other use, and an amendment of such leases and sublease must be authorized by this Board to effect such release;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Lorain, Ohio:
Resolution No. 09-546 cont. August 6, 2009
SECTION 1. That at least two members of the Board of County Commissioners be and they are hereby authorized and directed to execute and enter into, on behalf of the County, (i) a First Supplement to Agreement of Lease (the “First Supplemental Riverside Mercy Hospital Lease”) with Riverside Mercy Hospital, and (ii) a Third Supplement to Amended and Restated Sublease (the “Third Supplemental Master Sublease”) with Catholic Healthcare Partners, for the purposes stated in the preambles hereto. Legal descriptions of the real property to be released are attached hereto as Exhibit A. The First Supplemental Riverside Mercy Hospital Lease and the Third Supplemental Master Sublease shall be substantially in the forms presented to this Board of County Commissioners and on file with the Clerk, subject to such changes, insertions and omissions as may be approved by this Board of County Commissioners, which approval shall be conclusively evidenced by the execution of such documents as aforesaid. Solely in reliance on representations of the Corporation, it is hereby determined that the First Supplemental Riverside Mercy Hospital Lease and the Third Supplemental Master Sublease will promote the public purpose stated in Section 140.02, Ohio Revised Code, and the County will be duly benefited thereby.
SECTION 2. That any member of the Board of County Commissioners and the County Administrator of the County be and they hereby are authorized to execute and deliver on behalf of the County such other certificates, documents and instruments in connection with purposes and determinations set forth in the preambles hereto and the amendments effected by the First Supplemental Riverside Mercy Hospital Lease and the Third Supplemental Master Sublease as may be required, necessary or appropriate, including but not limited to lease terminations, IRS Forms 8038, and memoranda of lease and sublease. Such documents shall be subject to such changes, insertions and omissions as may be approved by this Board of County Commissioners, which approval shall be conclusively evidenced by the execution thereof by the proper officers of the Board of County Commissioners.
SECTION 3. That all documents and certificates, the execution and delivery of which are authorized by this Resolution, are subject to the approval of the County Prosecutor.
SECTION 4. That the provisions of this Resolution are hereby declared to be severable and, if any section, phrase or provision shall, for any reason, be declared invalid, such declaration of invalidity shall not affect the validity of the remainder of this Resolution.
SECTION 5. That all resolutions or parts thereof, in conflict with the provisions of this resolution are, to the extent of such conflict, hereby repealed.
SECTION 6. That it is found and determined that all formal actions of this Board concerning and relating to the adoption of this Resolution were taken in an open meeting of this Board, and that all deliberations of this Board 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 Section 121.22 of the Ohio Revised Code, and the rules of this Board adopted in accordance therewith.
Commissioner Kalo seconded the motion and the roll being called for adoption of the foregoing resolution, the vote thereon resulted as follows:
AYES: (3) Three; Kokoski, Kalo & Blair
NAYS: (0) Zero
ABSTAIN: (0) Zero
ADOPTED THIS 6th day of August, 2009.
REAL PROPERTY TO BE DELETED FROM RIVERSIDE MERCY HOSPITAL LEASE AND FROM AMENDED AND RESTATED SUBLEASE:
RIVERSIDE MERCY HOSPITAL/ST. ANNE MERCY HOSPITAL
1401 Summit Street, Toledo, Ohio
Lots numbers five (5) and six (6) in Johnson's Addition to Toledo, Lucas County, Ohio, in accordance with Volume 1 of Plats, page 51.
TD 08-52494 and 08-52507
Note: All TD parcel numbers shown were obtained from the Lucas County Auditor's records on September 12, 2003.
_______________________(discussion was held on the above)
e ASSISTANT COUNTY PROSECUTOR Mr. Gerald A. Innes requested an executive session to discuss one pending litigation issue.
f COMMISSIONERS REPORT Commissioner Kokoski spoke with several Mayors and Judges this week regarding the sales tax. The Board needs to discuss and dialogue about the money the county is down and some ways we could shore up the budget before the end of the year. It looks right now, that we will not be able to pay the bills.
County Administrator Cordes said the picture has not looked good all year. The sales tax has decreased, fees have decreased and interest income has decreased and reimbursement from the state has declined. Coming into the year we knew it was nickel for nickel and any major significant changes to revenue and expenses were going to be very difficult to deal with. This is why we only appropriated certain funds to various line items so we had the ability to move in and out of funding, otherwise we would not have been able to make the certificate. This is what happened about a month ago, we had to scramble around to find areas to deappropriate, we had no money set aside just money that was not appropriated but needed to be used throughout the year in certain areas. The board needs to strategically look at additional cuts quickly, potentially using some of the revenue coming in that we decided not to do, because of the year 2010 if we are not successful at the ballot. Certain benefit strategies need employed that will place us in a risky position but still is acceptable. Also we need to continue to look at various expenditures, we are getting close we have no options except personnel.
Commissioners report cont. August 6, 2009
Commissioner Kalo said a letter was received from Court of Common Pleas about the professional fees, we had cut the payroll and pers fund 20% in 2009 but they are already going over $30,000 short for interpreter services, medical expert investigators, indigent attorney fees which these costs are allowable by court and statutory and continuation that is required.
Commissioner Kokoski said this was underfunded to begin with. County Administrator Cordes said we did, he received an email from Commissioner Kokoski and he indicated to her that this was one of the areas hit and we were not sure what the cost was, but these services have to be paid and we will have to find the money. There are a lot of things that are globally paid by the county that are not within each department’s budget. He is trying to have the Budget Department keep an accurate list of all these things that the county pays that are not necessarily part of the department’s budgets. The county has taken a hit and has brought them to the Board’s attention as we go along; ie.; consulting, maintenance contracts, etc.
Commissioner Kalo spoke with Prosecutor Will and they are still waiting for the licenses for the Supreme Court to be paid which is over $13,000 and not in their budget and this is needed so the attorney’s can still practice law. County Administrator Cordes said perfect example and he has sent back over because he is not sure what to do, he does not have the availability of funding. We did not just cut many areas, but greatly reduced the amount of dollars that was provided to the administrator to pay these professional services and grant matching. He also sent 4 grants back to Domestic Relations because there is no money; we are losing grant money because we do not have money to match.
He said he will have a hard time under the current scenario that the board has given to him with the budgets because he will not be able to sufficiently deal until the end of the year without making further changes or finding some ways to enhance revenues. He stands by that right now, and this is because the strategies that have been employed throughout the course of this year. There are something’s that can be done but it will hurt and not sure there will be enough cash right now without some major changes were there are allocations to meet the responsibilities.
Commissioner Kalo said we could discuss the healthcare holiday. County Administrator Cordes said there is a good cushion in the healthcare; the county has always taken a strong stance not to jeopardize these funds and have the availability to pay the bills quickly for services provided. The county has over 2,000 contracts with around 5,500 lives that are on the county healthcare plan with various townships, governmental agencies, etc., and they joined the county because some agencies were too small to get a good rate. The county has had individual discussions prior to the deputies coming in by lowering the expectations to the funds and we could do a premium holiday later in the year for 2 months. This would have to be done for all employees and everyone that is on the plan. His recommendation is to do the hiring entities first and next year take the 2 months for the employees and scapulate that into a 12 months premium and reduce over 12 months. The reason for this is because of the complicated rules concerning 125 taxes, cafeteria plan under section 105 of IRS or an upset of the balance of pre-taxing the employees pay for their premium. Commissioner Kalo would like to see these figures in black and white.
Commissioner Kokoski said she received from Lisa Hobart, Budget Director that the employer charge per month is $1.6 million and employee charge is $65,500 per month which is $1.655 million per month for each holiday that could be taken.
Commissioner Kalo asked if this was everybody. County Administrator Cordes said everyone is $1.6 million, Commissioner Kalo asked what the county was; Cordes said county is about $600,000.
Commissioner Kokoski said the jail is about $125,000 for 3 months, Commissioner Kalo said he would like to have this on monthly figures.
County Administrator Cordes said the county general fund is about $600,000/month and there are separate accounts and per month general fund is around $438,000. County Kalo said a 2 month holiday would save us at least $760,000. Commissioner Kalo can’t use jail money because they subsidize from general fund. Commissioner Kokoski said it looks like $125,000/month for the jail. Commissioner Kalo asked how much was this out of their ¼% and we give another $4 million out of general fund for this.
County Administrator Cordes said the jail is $130,000/month and around $438,000 general fund would be around $568,000/month.
County Administrator Cordes said this would alleviate some of the burden and when the Sheriff sends things over here stating the washing machine has broken and needs to buy a new one, because they run it 16 hours a day, 7 days per week, can you believe it broke it is only 15 years old. They are working hard over there and yes the county general fund does give around $4.6 million in assistance to the ¼% to operate the jail. The county does not have enough money to provide this without additional movement of moneys and this is an option and is almost $570,000/month.
Commissioner Kokoski said we need to make up more than $1.2 million by the end of the year for the shortfall in the jail and general fund. County Administrator said it is around $1.33 million with all in. He said all fiscal people are at a mandatory seminar this morning with the State of Ohio relating to federal stimulus money because we have received close to $5 million in various departments.
Commissioner Kokoski said the $1.33 million is the bills per month, County Administrator said this is how much is involved out to all organizations per month. She said this is different from the $1.6 million she received early this week. County Administrator Cordes said there are two conflicting numbers and he will go with the $1.33 now and he does remember seeing the $1.6 million in the budget department and need to see what the difference is.
Commissioner Kokoski said this not only would help the general fund but will help the townships and all other various agencies that are struggling because everyone will take the same holiday, but it is only a one time shot to get us through the year, but after this we have nothing to fall back on. Commissioner Kalo said can’t jeopardize the healthcare fund. Commissioner Kokoski said we don’t have a choice but to do something and we need to get this numbers, study them and make a decision quickly.
County Administrator Cordes said we have maintained a very comfortable cushion in the healthcare fund and Commissioner Blair will remember that the healthcare funds actually went bankrupt borrowing millions of dollars and it was a significant amount of money back in 1989, Commissioner Blair said 1991. County Administrator Cordes said there was much litigation and the board has made sure that there was money in the reserves to make sure this would never happen again. We are now at a point that we need to take a risk but don’t think they are unacceptable with the current state of the economy and current state of the county’s fiscal issues there will still be fairly adequate good reserves or take it down to a level that we need to make more attention to the ins and outs and what the benefits are. He also noted this is a contract year for us with regard to the major medical providers, so we have to be aware that we have wrestled a lot of discounts with the last 3 year contracts and they are not very happy with the contract and will see some significant across the board cost increases with a new contract.
Commissioner Kokoski said according to Budget Director Hobart’s figures the hospitalization fund is about $12 million if we do this for 3 months depending on the numbers we could be down to around $7.4 million and we pay $1.6 million/month with 4 ½ months of reserves.
County Administrator Cordes said the county does keep an adequate secondary reserve for the claims that are in lag and is around $2.5 million. This is also used for if we get out of the self insured healthcare to get a contract for about 3 months.
Commissioner Kalo said he wants to see these numbers tight. County Administrator said this will still not be enough.
Commissioner Kokoski said we need to do something quickly. County Administrator said he will provide information to the board next week for discussion on additional cuts and will look at a 2 month premium holiday with the healthcare but there still will be a distance.
Commissioner Kokoski said it will be around the end of August before you get the report to us and how are you going to save with only 2 months left. County Administrator Cordes said back in June the revenues were dropping and no one wanted to, he said in June, with all due respect, he said more cuts had to be made and he was told to wait. He said in July we need to make cuts, he was told to wait and thought that some advance were able to be paid over at the sanitary engineers department. He has been looking into this spending hours going through the code but has not be able to find a way to get these advances back. The projects were done years ago and without this money coming back from these advances and the continuing decline of sales tax and the reluctance to move more quickly is leaving us with fewer and fewer options. He can not tell them what the trailer cost will be for additional cuts but he can say if the revenue is not enhanced the cuts will have to be made to be balanced by the end of the year.
Commissioner Kalo said bring it forward.
Commissioner Kokoski said we need to hold off on the hiring of the community development employees. County Administrator Cordes said we are done three people up there with resignations.
Commissioners report cont. August 6, 2009
County Administrator Cordes said we have put off these discussion, he has had them individually, but we will need to continuously have them and when he speaks with people out there no one seems to adverse to the sales tax or maintain it, some people don’t realize that it is there about half the people say what tax sales tax, what increase, but they don’t know how physically this county is trying to juggle this budget crisis because it does not actually effect them.
Commissioner Kalo asked about the trip to Moody’s and Fitch. County Administrator said this trip will probably not be made because he can not get the numbers. He said the county might stay in notes until we can figure this out because we are looking at around $1.8 million between the EPA issues, package plants issues, some debt service to the project and this may not be forthcoming and this could be very damaging. Now coming into the year we did not have, we did not count on this but we have turned the barrel over and looking under for anything that we can find, so don’t want people to think that we counted on this and it did not pan out, this was not even on our radar screen.
Commissioner Kalo said the issue is coming forward, Keep Our County Safe. He attended along with Commissioner Blair on Saturday morning the dedication of Settlers Watch on 2nd Street and Washington, Lorain. This was a redevelopment project and they honored Eric Barnes, a young man from Lorain killed in Iraq. Also attended the Amherst Main Street dancing in the streets. He also spoke with Lake Erie Landlords Association (LELA), which was like the kick off in public speaking regarding the sales tax issue and was around 150-200 people.
Commissioner Blair said the Settlers Watch was a nice ceremony this was truly a citizen group drive. LELA was interesting and a guy suggested that the sales tax be displayed with the other surrounding areas and she said that since Elyria is talking about raising their income tax maybe a comparison chart could be done. She noted that on Monday the executive committee of NOACA met to discuss various issues and one of the recommendations of staff was to provide $36,600 toward the commuter rail project and she is assuming this will be forwarded to NOACA on Friday.
Commissioner Kokoski said in discussing the variables of other counties and even with the increase of the sales tax, we are still one of the lowest in the State of Ohio.
Commissioner Kokoski said County Administrator gave to her a list of the hits from the Lorain county website and the elected officials received 640 hits, dog and kennel dog to adopt received 7,486 hits and people care more about dogs than county government. Also dog and kennel shows 481; 6,882 hits and she looked yesterday and was concern so she spoke with Jack Szlempa, Warden he said the kennel was full and she looked at the website and there was only 4 dogs showing. She stated all dogs need to be shown. _________________(discussion was held on the above)
g. CLERK’S REPORT
Theresa L. Upton had no report for this day. __________________
h BOARD CORRESPONDENCE Motion by Kokoski, seconded by Kalo to waive the reading of the same for board correspondence. Upon roll call the vote taken thereon, resulted as: Ayes: All.
#1. Grand Jury Report – Judge Rothgery
#2. Lorain County Engineer issued a highway use permit to Consumers Gas Cooperative, N. Canton to bore under road diagonally across the intersection of Law Rd and Mennel Rd from northeast coroner to southwest coroner to install a casing for a proposed gas main to be laid at a later time, Grafton Township and to bore under Mennel Rd at 60’+- north of SR303 to install a casing for a proposed gas main to be laid at a later time Grafton Township. These 2 permits were both extended from August 3 to August 28, 2009
Lorain County Engineer issued a highway use permit o Sunoco Pipeline, Inc. Sinking Springs, PA to open up holes in road right of way of Foster Rd on east and west sides of road off pavement. The location is 4,400’+- north of SR18, need to do maintenance on main and casing on crossover. This permit was extended from July 28 to August 28
#3. Alcohol & Drug Board will meet on August 19 at 5:30 pm (board & executive)
#4. August 12 from 8:30 – 12 pm, DAS General Service Building, 4200 Surface Rd, Columbus – Understanding the new furlough authority granted in the State Budget bill (house bill1) Regional Seminar. This seminar is free but $10 to no shows, RSVP by August 7 at CCAO 614-221-6986
#5. Publications; “Criminal Justice Weekly”; “Electric co-op today”; “
#6. Lorain County Community Alliance emails; “Statewide support for 3C passenger rail plan strengthens Ohio’s stimulus application”; “
#7. CCAO; April 17, 2009 minutes; CIDS#30”; “Statehouse report”; “August 14 Metropolitan and Region affairs meeting has been cancelled, next meeting October 2 at 10 am at CCAO”; “
#8. Ohio Dept of Taxation 2009 edition of “Ohio’s Taxes; a brief summary of state and local taxes in Oh”
#9. OHEPA final issuance of certification of public notice of Avon Board of Education, 35573 Detroit Rd., Avon receiving wetlands waters
#10. Ohio Department of Public Safety House Bill 2 (Transportation Budget). Summary of legislation passed in March 2009 which contains new traffic safety law provision which became effective 7/1/09.
Increase speed limits for motor vehicles weighing in excess of 8,000 lbs empty weight or commercial bus form current 55 mph to 65 mph
Requires vehicle headlights to be on at anytime the windshield wipers of the vehicle are in use because of precipitation on windshield.
Expands definition of “bicycle” to include those w/2 wheels in front and 1 wheel in rear
Add concrete transport truck, transporting and mixing concrete to list that may exceed weight by 7.5%
Allows violations of 5537.16 of RC regard axle or vehicle loads to be fined in accordance w/division (a) of section 5577.99 of RC when occurring on Ohio Turnpike
Add emergency vehicles and road service vehicles to “move or slow don” law
More analysis go to : http://lsc.state.oh.us/analyses/analysis128.nsf/C68A7E88E02F43A985256DAD004E48AA/16CF4F370D922F2E852575AC0042101D?OpenDocument Board correspondence cont. August 6, 2009
#11. Indira Palekar, Grafton was informed that her 84 year old mother who is a volunteer at Crestwood school 3 times per week will no longer be able to get dial-a-ride service. She could take a bus a few miles from the house and dropped off at Lake and Griswold. This is sad that services that seem to help the citizens are the ones that get cut and it is the citizen who suffers. She sincerely hopes that LCT continues all services that they provide to people in this county, which helps them to live a productive and satisfying life (cc:LCT)
#12. King Ayettey Zubaidah, STAND Inc. (Striving Towards a new day!), Lorain disciplinary complaint on Dennis Weill, Lorain County Prosecutor. He cited 17 instances in his letter which raise unresolved questions pertinent to Dennis P. Will, both past and present, as a public servant and elected official of the citizens of Lorain County. The casual observer might infer a pattern of behaviors not consistent with the legal best interest of his constitutions. In his opinion, the time has come to address these apparent issues and judiciously resolve them (cc: Prosecutor)
#13. Rural Lorain County Water Authority audit report for years ended December 31, 2008 & 2007
#14. City of North Ridgeville request support for the North Ridgeville Fire Department’s recent application to FEMA Fire Station Construction Grant Program. They are one of the 10 fastest growing suburbs in Ohio and are desperate need of a headquarters fire station in the northeast quadrant of the city and a neighborhood fire station in the northwest quadrant. City currently operates from a headquarters being built in 1957 to accommodate a volunteer fire department. With assistance from FEMA this would be only change that the community may have in accomplishing this life saving goal. City would welcome this opportunity to bring AARA monies into the county and help create jobs. ____________________
i. PUBLIC COMMENT
(Please limit your comments to three minutes)
There was no comments for this day. ________________________
Commissioner Kokoski moved, seconded by Kalo at 10:55 a.m., to go into an Executive Session to discuss personnel/new hires in Community Development and WDA-Summer Youths and 1 pending litigation issue. Upon roll call the vote taken thereon, resulted as: Ayes: all.
Motion carried. ________________
Commissioners had an Investment Advisory meeting until 11:35 a.m. in meeting room a.
Commissioners then meet in an Administrative session with Ann Hill, Governor Strickland’s representative until 12:10 p.m.
Commissioners then meet in an executive session.
Commissioners reconvened at 1:43 p.m. and the following resolutions were adopted:
RESOLUTION NO. 09-547
In the matter of authorizing various personnel )
actions as indicated on the summary sheet for ) August 6, 2009
employees within the jurisdiction of the Lorain)
County Board of Commissioners )
BE IT RESOLVED, by the Lorain County Board of Commissioners that we hereby authorize various personnel actions as indicated on the summary sheet for employees within the jurisdiction of the Lorain County Board of Commissioners.
New hires; Satya Subha Vyakaranam, ED Specialist, Community Development, effective August 17, 2009 at rate of $15.81/hour at B6 pay grade
Matthew Sattler, Chief Financial Analyst, Community Development, effective August 24, 2009 at rate of $21.90/hour
WDA/Summer youth, effective August 10, 2009 at rate of $7.50/hour
18 – 24 Year Olds
1. Hawthorne, Desmond 2. Caraballo, Jeremy 3. Harrison, Lakeisha
Betty Blair, Member )Ohio
Please note that the Commissioners’ meetings are open to the public. The scheduled air times for the meetings will be shown on Saturday at 12:00 Noon and Monday at 11:00 p.m.subject to change at the discretion of the Lorain County Community College. The meetings might be also broadcasted in additional time periods as scheduling permits. If anyone wants to purchase a copy of the Commissioners Meeting Tapes, please call Lorain County Records Center at 440-326-4866.