Journal entry

Motion by Kokoski, seconded by Kalo to adopt Resolution. Ayes:

Motion carried. _____________
C.14 RESOLUTION NO. 09-535
In the matter of Instructing the Clerk to advertise )

Notice to Public of a Finding of No Significant )

Impact on the Environment (FONSI) Combined ) August 6, 2009

Notice and Notice of Intent to Request Release of )

Funds (NOI/RROF) in the Chronicle-Telegram )

BE IT RESOLVED, by the Lorain County Board of Commissioners that we hereby instruct the Clerk to advertise Notice to Public of a Finding of No Significant Impact on the Environment (FONSI) Combined Notice and Notice of Intent to Request Release of Funds (NOI/RROF).

August 7, 2009

Lorain County Community Development Department

226 Middle Avenue

440-328-2326

Resolution No. 09-535 cont. August 6, 2009

Lori Kokoski, President Lorain County

Board of Commissioners

Lorain County

226 Middle Avenue

Elyria, OH 44035

Motion carried. _____________(discussion was held on the above)

adopted July 23, 2009 awarding a ) August 6, 2009

contract to Seitz Builders, Broadview )

Heights, Ohio for the Sheffield )

Township Fire Station project at 4600 )

Broadway, Sheffield Township )

Motion carried. _____________

C.16 RESOLUTION NO. 09-537
In the matter of authorizing a Purchase Order )

be issued to Seitz Builders, Broadview Hts., ) August 6, 2009

Ohio in the amount of $75,000.00 for the )

Sheffield Township Fire Station project at )

4600 Broadway, Sheffield Township )
WHEREAS, bids were received and opened on Wednesday, July 8, 2009 for the Sheffield Township Fire Station, 4600 Broadway, Lorain, (Sheffield Township) Ohio. The apparent low bidder is Seitz Builders, Broadview Hts., Ohio for a combined bid in the amount of $667,000.00; and
WHEREAS, Sheffield Township has received a grant from the United States Department of Agriculture to complete this project and is the lead agency for contracting and complying with the USDA’s requirements. The majority of the funding for this project will be provided to and monitored by The Township; and
WHEREAS, Sheffield Township applied for and received a Community Development Block Grant in the amount of $75,000.00 to be used toward the fire protection facility and equipment. The Lorain County Community Development Department is responsible to comply and monitor this portion of the project.
NOW, THEREFORE, BE IT RESOLVED, by the Lorain County Board of Commissioners, that we do and hereby authorize a purchase order be issued to Seitz Builders, Broadview Hts., Ohio in the amount not to exceed $75,000.00 for the fire protection facility and equipment.
Motion by Kokoski, seconded by Blair to adopt Resolution. Ayes; All.

Motion carried. _____________

Commissioner Ted Kalo, Vice-President

Commissioner Betty Blair, Member
Commissioner Kokoski, moved for the adoption of the following resolution and Commissioner Kalo seconded the motion.
A RESOLUTION DESIGNATING THE COUNTY OF LORAIN, OHIO A RECOVERY ZONE UNDER SECTION 1400U-1 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, FOR THE PURPOSE OF THE ISSUANCE OF RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS UNDER SECTION 1400U-2 OF THE CODE OR RECOVERY ZONE FACILITY BONDS UNDER SECTION 1400U-3 OF THE CODE.
BE IT RESOLVED by the Board of County Commissioners (the “Board”) of the County of Lorain, Ohio (the “County”):
Section 1. Findings and Determinations. This Board finds and determines the following matters (unless otherwise defined herein, capitalized terms are defined in Section 3):

(a) The American Recovery and Reinvestment Act of 2009 (“ARRA”) revised the Code to create Recovery Zone Bonds, which must be issued in a Recovery Zone.

(b) The issuance of Recovery Zone Bonds instead of traditional tax-exempt bonds can potentially provide cost savings to the County to promote job creation and economic recovery in areas particularly effected by employment decline.

(c) Before issuing Recovery Zone Bonds, this Board must designate the area in which a capital project is financed by Recovery Zone Bonds as a Recovery Zone.

(d) All formal actions of this Board relating to the enactment of this resolution were taken in an open meeting of this Board, and all deliberations of this Board and of any of its committees that resulted in those formal actions, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22, Ohio Revised Code.
Section 2. Designation of the Recovery Zone.

(a) Designation. This Board designates the entire geographical territory of the County as a Recovery Zone under Section 1400U-1 of the Code as an area having significant poverty, unemployment, rate of home foreclosures, or general distress.

(b) Additional Authority for Documents. This Board authorizes and directs the County Administrator and all other County officers and officials to sign, deliver, or file any documents, agreements, or certificates in connection with the designation of the Recovery Zone as may be required by ARRA, the Code, the Treasury Regulations promulgated under the Code, and any other statute or regulation as the County Administrator deems necessary and appropriate.
Section 3. Definitions. Words and terms are used in this resolution with the following meanings:

“Code” means the Internal Revenue Code of 1986, as amended.

“Economic Development Bonds” means Recovery Zone Economic Development Bonds, authorized under Section 1400U-2 of the Code.

“Facility Bonds” means Recovery Zone Facility Bonds, authorized under Section 1400U-3 of the Code.

“Recovery Zone” means the area designated by this Board in Section 2(a) as a recovery zone, under Section 1400U-1 of the Code, meeting as least one of the following criteria:

(1) any area designated as having significant poverty, unemployment, rate of home foreclosures, or general distress,

(2) any area designated as economically distressed by reason of the closure or realignment of a military installation pursuant to the Defense Base Closure and Realignment Act of 1990, and

(3) any area for which a designation as an empowerment zone or renewal community is in effect.

“Recovery Zone Bonds” means, collectively and separately, Economic Development Bonds and Facility Bonds.
Section 4. Effective Date. This resolution shall be in full force and effect immediately upon its adoption.
Upon roll call on the adoption of the resolution, the vote was as follows:
Lori A. Kokoski “aye” Ted Kalo “aye”
E. C. Blair “aye”

_____________________

Proposals (RFP) for Lorain County’s Fair ) August 6, 2009

Housing Services Program for CDBG FY 2009)
BE IT RESOLVED, by the Lorain County Board of Commissioners we advertise for Request for Proposals (RFPs) for Lorain County’s Fair Housing Services Program for CDBG Fiscal 2009.

FURTHER BE IT RESOLVED, these requests are for proposals from qualified fair housing professionals to undertake the preparation, administration, and implementation of Lorain County’s FY2009 CDBG Fair Housing Services Program.

FURTHER BE IT RESOLVED, said notice will be advertised in The Morning Journal on August 10, 2009 and August 17, 2009 for the RFP for Lorain County’s Fair Housing Services Program for CDBG FY2009.

Motion carried. _____________

for competitive sealed proposals for )

1. 
   Legal Authority
   
   1. 
      R.C. 343.01(I)(2); R.C. 343.014; Danis Clarkco Landfill v. Clark Cty. Solid Waste Mgt. Dist. (1995), 73 Ohio St. 3d 590.
      
   2. 
      R.C. 307.862
      
   3. 
      R.C. 343.02 (Host community agreement)
      
   4. 
      Lorain SWMD Amended Plan.
      
2. 
   Summary of Contract
   

3. 
   Factors and Criteria To Be Considered By The Board
   

1. 
   The facility is located in the Lorain County SWMD.
   
2. 
   Travel/hauling distance form all parts of Lorain County SWMD.
   
3. 
   Additional economic benefits that will be provide to the County by the selected proposal. For example, a reduction in the solid waste disposal tipping fees imposed on solid waste generated within Lorain County.
   
4. 
   The amount of consideration requested by the selected proposal as an inducement to serve as a designated facility. For example, the facility requests the District to pay the facility a designation fee of ___ cents/ton on all out-of-District solid waste delivered to facility.
   
5. 
   Any ancillary economic benefits to the County. For example, the selected proposal will result in new or retained employment of ___ positions based in Lorain County.
   
6. 
   Whether selected proposal guarantees that a certain volume of solid waste, or guarantees that a certain percentage of a specific waste stream, will be delivered to the designated facility during the term of the contract.
   
7. 
   The submitter of the selected proposal must agree to comply with all requirements of the District’s approved soli waste management plan, other applicable federal state and local laws and regulations, including but not limited to local District rules.
   
8. 
   Any other factors or criteria that the board develops in consultation with its counsel and consultants.
   
1. 
   The Board will reserve the right to reject any and all bids, to negotiate the terms of the final designation agreement with the submitter of the selected proposal, and reserves all other rights in accordance with R.C. 307.862.
   
2. 
   The Board’s legal counsel will prepare all necessary documents for the competitive sealed proposal process, including instructions to offerors, a description of the scope of services to be provided, a proposed form of contract, instruments governing communications between an offeror and the Board, the factors and criteria the Board shall consider in evaluating proposals, a list of any documents the Board incorporates by reference in the request for proposals, and any other necessary documents. Legal counsel shall work with the Board and the Boar’s environmental consulting firm to complete a draft of the request for competitive sealed proposals for the Board’s review on or before August 31, 2009.
   
3. 
   The Board’s legal counsel will also prepare notice and other necessary documents required to complete the procedure for designating facility pursuant to R.C. 343.014.
   

Motion by Kokoski, seconded by Kalo to adopt Resolution. Ayes; All.

Motion carried. _____________(discussion was held on the above)

C.20 RESOLUTION NO. 09-541

legal services agreement with Eastman & )

Smith Ltd., effective retroactive to July )

6, 2009 for representation regarding the ) August 6, 2009

negotiations, development and subsequent )

implementation of a host community )

Republic Waste, containing a 30 day written)

cancellation clause )
BE IT RESOLVED, by the Lorain County Board of Commissioners that we hereby approve & enter into a legal services agreement with Eastman & Smith Ltd., effective July 6, 2009 for representation regarding the negations, development and subsequent implementation of a host community agreement by and between the Board and Republic Waste, containing a 30 day written cancellation clause.
Said agreement is considered a part hereof to this resolution by reference thereto and can be found on file in the Commissioners/Purchasing/Solid Waste and Prosecutors Office.
Motion by Kokoski, seconded by Blair to adopt Resolution. Ayes; All.

Motion carried. _____________(discussion was held on the above)

subgrant agreement G-1011-15-0259 )

between State of Ohio, Department of Job ) August 6, 2009

& Family Services and WIA Area 4 – Lorain)

County Commissioners effective retroactive )

July 1, 2009 – June 30, 2011 )

and can be found on file in the Commissioners/Purchasing and WDA office, effective retroactive July 1, 2009 – June 30, 2011

Motion carried. _____________

Agreement with ODOT to rehab the pavement)

of East River Street from the southerly ) August 6, 2009

corporation line of Elyria to East Broad Street )

by widening and resurfacing )
WHEREAS, the Lorain County Engineer by letter dated July 28, 2009 submitted the following:

“The City of Elyria has contacted this office regarding a project on East River Street from their southerly corporation limits to East

Broad Street. The project involves widening and resurfacing and is being paid for with Federal Stimulus funds.

The project begins at the corporation line, but the City would like permission to start their taper about 60 feet south of the corporation

line on county road.

Please take the necessary action to approve the attached consent legislation authorizing the work at no cost to the county, with the City

of Elyria acting as lead agent. Please forward the approved legislation to this office for submittal to the City of Elyria and ODOT.

Thank you for your continued cooperation in this matter.

Sincerely, S/Ken Carney, Lorain County Engineer”
And;
WHEREAS, the following resolution enacted by the Board of Commissioners, Lorain County, Ohio hereinafter referred to as the County, in the matter of the stated described project – PID No. 84213 – LOR – East River Street Rehabilitation
SECTION I – Project Description

WHEREAS, the State has indentified the need for the described project:

The purpose of the project is rehabilitating the pavement of East River Street form the southerly corporation line of Elyria to East Broad Street by widening and resurfacing. The majority of this section of road is in the City. The work will include a short taper area, about 60 feet on County road at the southerly end of the project.
NOW, THEREFORE, BE IT RESOVLED, by the Board of Commissioner so Lorain County, Ohio, that:
SECTION II – Consent Statement

Being in the public interest, the County gives consent to the Director of Transportation to complete the above described project. The City of Elyria will act as lead agent for the project.

The County shall cooperate with the District of Transportation in the above described project as follows:

1. 
   The county gives consent for the above improvement
   

Resolution No. 09-543 cont. August 6, 2009

2. 
   NO funds are required from the County, except that the County agrees to assume and bear one hundred percent (100%) of the total cost for added construction items required by the County and not necessary for the improvement as determined by the State and the Federal Highway Administration. This project is being paid for with 100% Federal Stimulus funds.
   

SECTION IV – Maintenance

The County will maintain the right-of-way and keep it free of obstructions, and hold said right-of-way inviolate for public highway

purposes.

The Lorain County Board of Commissioners is hereby empowered on behalf of the Lorain County Commissioners to enter into contracts

with the Director of Transportation necessary to complete the above described project.
Motion by Kokoski, seconded by Blair to adopt Resolution. Ayes; All.

Motion carried. _____________

Northstar Construction in the amount )

of $28,700.00 for Durkee Road Bridge ) August 6, 2009

#0432, Structural Steel Repair in Eaton )

Township. )
WHEREAS, Ken Carney, Lorain County Engineer, by letter dated July 30, 2009 submitted the following:

“ We have reviewed the bids that were received for the Durkee Road Bridge #0432 Structural Steel Repair. The respondents to this bid were:

31363 Lorain Road

N. Olmsted, Ohio 44070
U. S. Bridge $35,800.00

201 Wheeling Avenue

Cambridge, Ohio 43725
Hohl Industrial Services, Inc. $37,500.00

7235 Free Avenue, Suite B

Oakwood Village, Ohio 44146
DOT Construction Corp. $40,600.00

535 N. Broad Street

Canfield, Ohio 44406
C. T. Taylor $41,000.00

5802 Akron Cleveland Road

Hudson, Ohio 44236
Forest City $41,500.00

8200 Boyle Parkway

Twinsburg, Ohio 44087
Northstar Contracting agrees to commence work on or after August 17, 2009 and to complete all work on or before September 25, 2009. They have not proposed any substitutions, or subcontractors.

We recommend that this bid be awarded to Northstar Contracting in the amount of $28,700.00. Our estimates for this was $39,000.00

Thank you for your cooperation with this project.”
NOW, THEREFORE, BE IT RESOLVED, by the Board of Lorain County Commissioners that based upon letter dated July 30, 2009 submitted by Ken Carney, Lorain County Engineer we hereby award contract to Northstar Contracting in the amount of $28,700.00 for the Durkee Road Bridge #0432 Structural Steel Repairs in Eaton Township. The project will be paid from Account #2580-0000-300-302-04-6100-6105 (Engineering Projects).
BE IT FURTHER RESOLVED, that we hereby issue a Notice to Proceed letter effective on or about August 17, 2009 and that work will be completed on or before September 25, 2009 for the above noted project.
FURTHER BE IT RESOLVED, we hereby authorize the County Administrator to notify the County Auditor to release retainage at the completion of the project.
Motion by Kokoski, seconded by Kalo to adopt Resolution. Ayes; All.

Motion carried. _____________

Mr. Neff has requested the Commissioners place a 1.2 mill renewal levy on the November 2009 ballot. The Lorain County Board of Mental Health is comprised of 18 community volunteers. 12 members are appointed by the County Commissioners and 6 are appointed by the Director of the Ohio Department of Mental Health

The Lorain County Board of Mental Health is responsible for the planning, funding and monitoring of public mental health services in Lorain County and is located at 1173 North Ridge Road East, Suite 101, Lorain, OH 44055, Phone: (440) 233-2020, Website: www.lcmhb.org

Email: info@lcmhb.org

The FY10 estimated revenues were based upon the draft allocations from the Ohio Dept. of Mental Health, but since received, the state made final allocations and the little slice of $1.5 million in stimulus is gone. The state GRF funding has been reduced by $550,000. This is around $2 million in cuts. Also the levy we are speaking of today is the 1.2 mill levy that expires in December and the estimate from the county auditor on a renewal would be $7.2 million, which is nearly 25% of the budget and this is why it is so critical to continue to provide services to Lorain County.

* Big Broth./Big Sisters *Labor Agency *Lucy Idol Center *El Centro

* Firelands Counseling *Volunteer Guard. *Nord Center *Far West Center

* New Sunrise Properties *Genesis House *Gathering Hope House *Pathways Counseling

* Comm. Health Partners *Catholic Charities *Laurelwood/Windsor *Belmont Pines
Commissioner Kokoski asked how many staff members were there? Mr. Neff said there were 12, 1 position was vacant then eliminated and one position was a lay off, wages were frozen and eliminated the annual conversion of vacation and renegotiated all non clinical contracts, such as; custodial, maintenance, etc. He has no problem vacuuming the office, they will do whatever is necessary and there was about 18% cut from the administrative costs. Mr. Neff said there was a cut of nearly $1 million ($975,000), the board absorbed this entire cut they did not roll any of this to the provider agencies. From 2008 they are down $3.8 million from support from the state and this is a combination of the reduction of funding from the state and the increase amount for using the state hospitals. There is additional $800,000 being picked up from additional costs because the per deim was raised for patient care and trying to offset this with increase of contracts with local hospitals, like Community Health Partners, by supporting the local community this encourages family members to visit and participate. Also they have implemented cost saving plans such as; ambulance transport and inpatient care for kids and checking Medicaid eligibility and utilization management controls on the hospital beds.

Commissioner Kalo said this is the first bite of the apple; this levy actually expires at the end of 2010. Mr. Neff said the levy expires December 31, 2009. Commissioner Kalo said the collection ends in 2010. He stated this is going to be a difficult year with all the tax levies on the ballot and the county needs to maintain the sales tax, now Elyria has put a ½% income tax along with the schools and libraries, would it be possible to put this on the primary ballot of 2010. Mr. Neff said this is a possibility but one of his major concerns is that with all the cuts forthcoming, they have provided a 5 year forecast. With the pressures from the Medicaid match, it is basic services, which is growing at a tremendous rate, we have to cut funding for services for people that don’t have Medicaid and there is a lot of upset in the system; agencies, people who work for the agencies, families that rely on the services and he thinks it would go a long way to settle some of this to get the levy behind us and this would let us know what will be coming for the next 5 years. They could wait but he wants to put this behind us.

Commissioner Kalo said he understands the needs and in speaking with the Sheriff if they don’t have the mental health funds they fall on the county budget/jail. He has a concern that there are too many issues on the ballot in November and might not have success.

Mr. Neff asked if there would be assurance that this levy would be on the spring ballot and if not it won’t happen until November 2010 and don’t want to loose the 25% funding. A budget is provided to the board that can be sustained for 5 years and knowing this with the cuts and when times are bad demand for services increase.

Commissioner Kokoski said she would not have no problem putting this issue on the primary ballot but have the same concerns as Commissioner Kalo with all the taxes on the ballot, people could say no to all.

Commissioner Kalo said he would support this in the primary but right now he has concerns and would like to hold off until next year, the board would be more agreeable to place on the primary. He thinks MRDD, County administrator Cordes said LCCC will be on November 2010.

Commissioner Kalo said Mental health is like the 911 levy, everyone knows that it is needed, his concern would be to see failure on everyone’s’ part this November, with as difficult as the economy and the federal stimulus has not kicked in totally. It was nice to see $24 million received in arra monies to BASF, Elyria. He would prefer to wait until the primary, will campaign heavily to get this passed.

Mr. Neff said he appreciates the support of the Commissioners in all the years. He also stated another thing that might be complicated is the contracts, because they begin July on a fiscal year and not knowing if the levy passed until May would be hard.

Commissioner Kalo said the Commissioners are having the same issues and this is the first time, since he has been here telling an organization that we have not said go ahead with full support. He has concerns with November. He and Commissioner Blair have been speaking with various organizations explaining that the current tax has to be maintained for county wide services and he is afraid if they cross they will not be able to get a full message across, even though this is a renewal.

Commissioner Blair said the other levy mental health levy is up in 2012. Mr. Neff said yes and his philosophy is they campaign each day because we serve the citizens.

Commissioner Kalo said with running two levies separate on a 5 year cycle what about a 7 to 10 year. Mr. Neff said he would prefer not to extend them because it would lock them into a period, assuming the economy turns around maybe a replacement would be sought instead because the levies now are frozen in time.

Commissioner Blair asked the Clerk what the deadline was. Clerk Upton said the Board would have to pass today, for the county auditor to certify to make the deadline at the Board of Elections on August 20.

Commissioner Kokoski said as of now, it sounds like two commissioners are in support of waiting until the primary ballot.

Commissioner Blair asked if the Board could certify now. Assistant County Prosecutor Innes and Clerk stated no, there would have to be a certification done by the Auditors at that time.

David Ashenhurst, Oberlin said he would prefer to see this on the November ballot and this has been a very good discussion. He is finding that more issues are coming around because the state budgets and he knows that Oberlin will have a library levy. He asked about the agencies and the healthcare legislation and insurance for mental health services. Commissioner Kalo said with the national healthcare that is looking at being passed sometime this year in congress, how this will affect mental health services. Mr. Neff said actively through the association and working with congress they are trying to ensure that the Behavioral Health services are not forgotten. Over the years there have been a number of bills past and with these there seems to be a lot of ways to get around and with their experience insurance companies try to cover but there are $5,000 deductibles with restricted with services. The agency is in a difficult financial situation with 1998 dollars and Medicaid in Ohio the rates for services have not been increased to the providers, they are getting the same dollars to provide these services just like 11 years ago. The healthcare for physical is 20% co pay and 50% for behavioral, only recoup $.25 on the dollar.

Ann Hill, Governor Strickland’s representative said they have been in conversation with Secretary Solis – Health and Human Services and the expansion of healthcare is a major priority and would expect with the conversations that behavior will be included with the healthcare reform.

Commissioner Kalo said he just has concerns with all the issues on the ballot and he will support wholeheartly in the primary and co-chair the campaign. But we really need to hold this off to the primary because maintain county services he thinks the goals as the board going into next year will make it better for the mental health levy, the college and mrdd Over all in the future human services and work on mental health.

Discussion continued and the following resolution was adopted:

placed on the Primary 2010 ballot for the Lorain County ) August 6, 2009

Board of Mental Health )
WHEREAS, The Lorain County Board of Mental Health requested a 1.2 mill renewal levy be placed on the November 2009 general election ballot; and
WHEREAS, the County has a sales tax issue on the November 2009 general election; and
WHEREAS, the County would like to see Board of Mental Health 1.2 mill renewal issue on the Primary 2010 ballot due to the overwhelming issues on the November 2009 general election ballot.
NOW, THEREFORE BE IT RESOLVED, by the Lorain County Board of Commissioners that based upon the discussions and review, they hereby support the 1.2 mill renewal levy of the Lorain County Board of Mental Health to be placed on the Primary 2010 ballot.
Motion by Kokoski, seconded by Kalo to adopt Resolution. Ayes; All.

Motion carried. ______________________(discussion was held on the above)

Commissioner Ted Kalo, Vice-President

Commissioner Betty Blair, Member
Commissioner introduced the following resolution and moved its adoption:

RESOLUTION 09-546