Motion To Approve Minutes Of Previous Session(S) And Waiver Of The Reading Of Same:

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1 REGULAR SESSION OF THE ASHTABULA COUNTY BOARD OF COMMISSIONERS Old Courthouse 25 West Jefferson St., 2nd Floor Jefferson, OH May 24, 2016 The Board of Ashtabula County Commissioners met in session; the Board President called the meeting to order and the Pledge of Allegiance was said. Members Present: President Daniel R. Claypool, Commissioner Casey R. Kozlowski and Commissioner Peggy A. Carlo Absent: None Board Staff Present: County Administrator Janet Discher and Clerk of the Board Lisa Hawkins. Motion To Approve Minutes Of Previous Session(S) And Waiver Of The Reading Of Same: MOTION: Carlo moved the adoption, Kozlowski seconded. DISCUSSION: None VOTE: Yeas: Claypool, Kozlowski, Carlo Nays: None Abstained: None Absent: none Whereupon the minutes were declared approved unanimously. Motion To Approve Today s Agenda: MOTION: Kozlowski moved the adoption, Carlo seconded. DISCUSSION: None Whereupon the agenda was declared approved unanimously. THE BOARD PRESIDENT INTRODUCED AND ENTERTAINED MOTIONS FOR THE FOLLOWING RESOLUTIONS: RESOLUTION NUMBER AUTHORIZING THE FILING OF A GRANT APPLICATION TO OHIO DEPARTMENT OF YOUTH SERVICES (ODYS) FOR THE FY2017 YOUTH SERVICES, RECLAIM AND TARGETED RECLAIM GRANT FOR JUVENILE COURT WHEREAS, Kathy Thompson, Grants Finance Director, for the Ashtabula County Juvenile Court, has prepared an application to the Ohio Department of Youth Services (ODYS) for the FY2017 Youth Services, Reclaim, and Targeted Reclaim Grant for the approval of the Board, to-wit: Grant Period: July 1, 2016 thru June 30, 2017 Purpose: Grant Amount: To provide for the prevention, treatment and rehabilitation programs for alleged or adjudicated unruly and delinquent children or children at risk of becoming unruly and delinquent children. To provide early intervention, treatment and rehabilitation programs $150, Youth Services $246, Reclaim $369, Targeted Reclaim $765, WHEREAS, the application has been reviewed and it is found that such an application would be desirable and is necessary; now THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Ashtabula County, Ohio that the grant application be made to the Ohio Department of Youth Services for FY2017 Youth Services, Reclaim, and Targeted Reclaim Grant Grant in accordance with a copy of said application on file in this office. MOTION: Carlo moved the adoption, Kozlowski seconded. DISCUSSION: None

2 RESOLUTION NUMBER AUTHORIZING THE FILING OF A GRANT AMENDMENT TO OHIO DEPARTMENT OF YOUTH SERVICES (ODYS) FOR THE FY 2016 YOUTH SERVICES GRANT FOR JUVENILE COURT WHEREAS, Kathy Thompson, Grant Administrator for the Ashtabula County Juvenile Court, has prepared an application to the Ohio Department of Youth Services (ODYS) for a FY2016 Youth Services Grant for the approval of the Board, to-wit: Grant Period: July 1, 2015 thru June 30, 2016 Purpose: Amendment: To provide for the prevention, treatment and rehabilitation programs for alleged or adjudicated unruly and delinquent children or children at risk of becoming unruly and delinquent children. To provide early intervention, treatment and rehabilitation programs To provide for the additional program made available through the Detention Alternative Initiative in the amount of an additional $14,500.00; and WHEREAS, the amendment has been reviewed and it is found that such an amendment would be desirable and is necessary; now THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Ashtabula County, Ohio that an amendment be made to the Ohio Department of Youth Services for FY2016 Youth Services Grant in accordance with a copy of said application on file in this office. MOTION: Kozlowski moved the adoption, Carlo seconded. DISCUSSION: None RESOLUTION NUMBER APPROVING THE COMMUNITY REINVESTMENT AREA (CRA) AGREEMENT BY AND BETWEEN ASHTABULA COUNTY BOARD OF COMMISSIONERS, RIDGEBROOK PROPERTIES, INC., and LANTERN OF SAYBROOK WHEREAS, Ashtabula County has encouraged the development of real property and the acquisition of personal property located in the area designated as a Community Reinvestment Area; and WHEREAS, RIDGEBROOK PROPERTIES, INC., and LANTERN OF SAYBROOK is desirous remodeling and /or reconstructing an existing building at 3720 North Ridge Road West in Saybrook Township in said Ashtabula County, which will be utilized as a residential care facility, assisted living and Alzheimer care facility, which is hereinafter referred to as the "PROJECT", within the boundaries of the aforementioned Community Reinvestment Area, provided that the appropriate development incentives are available to support the economic viability of said PROJECT; and of

3 WHEREAS, the Ashtabula County Board of Commissioners, by Resolution No adopted 09/15/2015, designated the area as an "Community Reinvestment Area" pursuant Chapter 3735 of the Ohio Revised Code; and WHEREAS, effective October 22, 2015, the Director of Development of the State of Ohio determined that the aforementioned area designated in said Resolution No contained the characteristics set forth in Section of the Ohio Revised Code and confirmed said area as a Community Reinvestment Area under said Chapter 3735; and WHEREAS, Ashtabula County having the appropriate authority for the stated type of project is desirous of providing the Property Owner with incentives available for the development of the PROJECT in said Community Reinvestment Area under Chapter 3735 of the Ohio Revised Code; and WHEREAS, RIDGEBROOK PROPERTIES, INC., and LANTERN OF SAYBROOK, has submitted a proposed agreement application (herein attached as Exhibit A) to Ashtabula County said application (hereinafter referred to as "APPLICATION"); and WHEREAS, RIDGEBROOK PROPERTIES, INC., and LANTERN OF SAYBROOK, has remitted the required state application fee of $ made payable to the Ohio Development Services Agency with the application to be forwarded to said department with a copy of the final agreement; and WHEREAS, the County Administrator has investigated the application of RIDGEBROOK PROPERTIES, INC., and LANTERN OF SAYBROOK and has recommended the approval to the Board of Commissioners on the basis that the Property Owner is qualified by financial responsibility and business experience to create and preserve employment opportunities in said Community Reinvestment Area and improve the economic climate of the Ashtabula County; and WHEREAS, the project site as proposed by Property Owner is located in the Ashtabula Area City School District School District and the Board of Education of the Ashtabula Area City School District has been notified in accordance with Section and been given a copy of the Application; and WHEREAS, said Board of Education has indicated its approval of the foregoing proposal and the resultant tax abatement; and, WHEREAS, pursuant to Section (A) and in conformance with the format required under Section (B) of the Ohio Revised Code, the parties hereto desire to set forth their agreement with respect to matters hereinafter contained; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained and the benefit to be derived by the parties from the execution hereof, the parties herein agree as follows: 1. Property Owner shall perform the expansion/construction activities described below, hereinafter referred to as the "PROJECT." The PROJECT will involve a total investment by Property Owner of $8,000,000 (Eight Million Dollars), plus or minus 10%, at 3720 North Ridge West, Ashtabula, Ohio. Included in this investment are $250,000 for acquisition of building(s), and $7,750,000 in additions/new construction. The PROJECT will begin in July 2015, and all acquisition, construction and installation will be completed by June 2016.

4 2. Business Owner shall create fifty-seven (57) full-time jobs and ten (10) part-time permanent jobs in Saybrook Township within a time period not exceeding 18 months after the commencement of construction of the aforesaid facility. LANTERN OF SAYBROOK currently has 0 existing full time permanent and 0 existing part-time permanent employees in the Project area. In total LANTERN OF SAYBROOK has 0 fulltime permanent employees and 0 part-time permanent employees in the State of Ohio a. The PROJECT is expected to result in an annual employee payroll of approximately $1,800,000. The following is an estimated itemization by the type of new jobs created: $1,000,000 in full-time permanent, $800, in part-time permanent positions. 3. Ashtabula County hereby grants Property Owner a tax exemption for real property improvements made to the PROJECT site pursuant to Section of the Ohio Revised Code and shall be in the following amounts: one hundred percent (100%) of the assessed value to be exempted for years 1-3; seventy-five percent (75%) for years 4-6; fifty percent (50%) for years 7-9; and twenty-five percent (25%) for year 10. The exemption commences the first year for which the real property would first be taxable were that property not exempted from taxation. No exemption shall commence before January 1, 2017 nor extend beyond 12/31/2026. Property Owner must file the appropriate tax forms with the County Auditor to effect and maintain the exemptions covered in the agreement. 4. Property Owner shall pay such real and tangible personal property taxes as are not exempted under this agreement and are charged against such property and shall file all tax reports and returns as required by law. If Property Owner fails to pay such taxes or file such returns and reports, all incentives granted under this agreement are rescinded beginning with the year for which such taxes are charged or such reports or returns are required to be filed and thereafter. 5. Ashtabula County shall perform such acts as are reasonably necessary or appropriate to effect, claim, reserve, and maintain exemptions from taxation granted under this agreement including, without limitation, joining in the execution of all documentation and providing any necessary certificates required in connection with such exemptions. 6. If for any reason the Community Reinvestment Area designation expires, the Director of the Ohio Development Services Agency revokes certification of the zone, or Ashtabula County revokes the designation of the zone, entitlements granted under this agreement shall continue for the number of years specified under this agreement, unless Property Owner materially fails to fulfill its obligations under this agreement and Ashtabula County terminates or modifies the exemptions from taxation granted under this agreement. 7. If Property Owner sells the subject improved property without undertaking all steps necessary for another responsible party, acceptable to Ashtabula County, to assume all obligations hereunder, or materially fails to fulfill its obligations under this agreement, or if Ashtabula County determines that the certification as to delinquent taxes required by this agreement is fraudulent, Ashtabula County may terminate or modify the exemptions from taxation granted under this agreement, and may require the repayment of the amount of taxes that would have been payable had the property not been exempted from taxation under this agreement. 8. Property Owner hereby certifies that at the time this agreement is executed, Property Owner does not owe any delinquent real or tangible personal property taxes to any taxing authority of the State of Ohio, and does not owe delinquent taxes for which Property Owner is liable under Chapter 5733, 5735, 5739, 5741, 5743, 5747, or 5753 of the Revised Code, or, if such delinquent taxes are owed, Property Owner currently is paying the delinquent taxes pursuant to an undertaking enforceable by the State of Ohio or an agent or instrumentality thereof, has filed a petition in bankruptcy under 11 U.S.C.A. 101, et seq., or such a petition has been filed against Property Owner. For the purposes of the certification, delinquent taxes are taxes that remain unpaid on the latest day prescribed for payment without penalty under the chapter of the Revised Code governing payment of those taxes.

5 9. Property Owner affirmatively covenants that it does not owe: (1) any delinquent taxes to the State of Ohio or a political subdivision of the State; (2) any moneys to the State or a state agency for the administration or enforcement of any environmental laws of the State; and (3) any other moneys to the State, a state agency or a political subdivision of the State that are past due, whether the amounts owed are being contested in a court of law or not. 10. Property Owner and Ashtabula County acknowledge that this agreement must be approved by formal action of the legislative authority of the Ashtabula County as a condition for the agreement to take effect. This agreement takes effect upon such approval. 11. Ashtabula County has developed a policy to ensure recipients of Community Reinvestment Area tax benefits practice non-discriminating hiring practices. In executing this agreement Tenant commits to following non-discriminating hiring practices acknowledging that no individual may be denied employment on the basis of race, religion, sex, disability, color, national origin or ancestry. 12. Exemptions from taxation granted under this agreement shall be revoked if it is determined that Property Owner, any successor Property Owner, or any related member (as those terms are defined in Section of the Ohio Revised Code) has violated the prohibition against entering into this agreement under Division (E) of Section or Section or of the Ohio Revised Code prior to the time prescribed by that division or either of those sections. 13. Property Owner affirmatively covenants that it has made no false statements to the State or local political subdivisions in the process of obtaining approval of the Community Reinvestment Area incentives. If any representative of Property Owner has knowingly made a false statement to the State or local political subdivision to obtain the Community Reinvestment Area incentives, Property Owner shall be required to immediately return all benefits received under the Community Reinvestment Area Agreement pursuant ORC Section 9.66(C)(2) and shall be ineligible for any future economic development assistance from the State, any state agency or a political subdivision pursuant to ORC Section 9.66(C)(l). Any person who provides a false statement to secure economic development assistance may be guilty of falsification, a misdemeanor of the first degree, pursuant to ORC Section (D)(1), which is punishable by a fine of not more than $1,000 and/or a term of imprisonment of not more than six months. 14. This agreement is not transferable or assignable without the express, written approval of Ashtabula County. 15. Property Owner shall provide to the proper tax incentive review council any information reasonably required by the council to evaluate the applicant's compliance with the agreement, including returns filed pursuant to section of the Ohio Revised Code if requested by the council. MOTION: Carlo moved the adoption, Kozlowski seconded. DISCUSSION: None RESOLUTION NUMBER ACCEPTING RESIGNATION OF PETER PASQUALONE, APPOINTING CLIFFORD HENRY AND REAPPOINTING MEMBERS TO THE ASHTABULA COUNTY CONVENTION FACILITIES AUTHORITY WHEREAS, On May 14, 2002, pursuant to Resolution Number , the Board of Commissioners created the Ashtabula County Convention Facilities Authority; and WHEREAS, Ohio Revised Code Section (B) governs the appointment of the Convention Facilities Authority Board of Directors; and

6 WHEREAS, there are 6 member positions expiring on May 31, 2016: Doniella Winchell 5/31/2020 Thomas Robertson 5/31/2020 Dwayne Bennet 5/31/2020 Holly Mayernick 5/31/2020 Betty Morrison 5/31/2020 Clifford Henry 5/31/2020**new appointment** **Peter Pasqualone has notified this Board that he does not wish to serve another term** WHEREAS, Clifford Henry has expressed an interest in being appointed to fill the vacant position of Peter Pasqualone; and WHEREAS, it is the desire of the Board to accept Mr. Pasqualone s request to not be reappointed, to appoint Clifford Henry to fill that vacancy and to reappoint the other members as listed above; now THEREFORE BE IT RESOLVED, By the Board of Commissioners of Ashtabula County, Ohio, that the resignation of Peter Pasqualone, the appointment of Clifford Henry and the reappointment of Doniella Winchell, Thomas Robertson, Dwayne Bennett, Holly Mayernick and Betty Morrison on the Ashtabula Convention Facilities Authority, are hereby accepted effective June 1, 2016 with terms ending on May 31, MOTION: Kozlowski moved the adoption, Carlo seconded. DISCUSSION: None RESOLUTION NUMBER ORDERING PUBLICATION AND SETTING THE TIME AND PLACE OF PUBLIC HEARING FOR THE FY2016 ASHTABULA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, (CDBG) WHEREAS, Janice Switzer, Director, has presented the FY2016 Community Development Block Grant Agreement with the Ohio Development Services Agency, Office of Community Development for this Board s approval; and THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Ashtabula County, Ohio, in order to explain and discuss the projects for the FY 2016 CDBG, a public hearing is set for June 9, 2016 at 1:30 p.m. in the office of the Board of Commissioners; and BE IT FURTHER RESOLVED, That the Clerk of the Board be directed to advertise the Public Hearing in a newspaper of general circulation within the county according to law. MOTION: Carlo moved the adoption, Kozlowski seconded. DISCUSSION: None RESOLUTION NUMBER FINA APPROVING FINANCIAL TRANSACTIONS FOR THE COUNTY

7 WHEREAS, it is declared and determined that all formal actions of the Board of County Commissioners concerning and relating to the adoption of all resolutions that were adopted in this meeting, and that all deliberations of the Board of Commissioners and any of its committees that resulted in such formal action, were open to the public and were in compliance with all legal requirements, including Section of the Ohio Revised Code. Financial Transactions and Voucher Approval Requirements WHEREAS, The Board of Commissioners acknowledges receipt of all department financial transactions and vouchers submitted this date for approval, as follows: TRAVEL REQUESTS: Diane McBride ABD Conversion Trg. Maple Hts. 6/6-7 $65.02 Jennifer Kenyon Annette Narvaez ABD Conversion Trg. Maple Hts. 6/28 $ Laurie Taggart ABD & LTC Case Mgt. Maple Hts. 6/8 & 6/29 $ Linda Beeman Medicaid trg. Maple Hts. 6/6,7,28 $ Jean Carlo Medicaid trg. Maple Hts. 6/6,7,28 $ Rhonda Rodriguez, Tina Wilson, Anola Hanna, Brenda Brown, Donna Shiflet, Martha Larson ABD Case Mgt. Cleveland 6/15 $ Jennifer Kenyon, Lisa Olsen, Annette Narvaez, Dawn Vandevender, Monika Fuller, Amanda Berkowicz, Jennifer Lawrence, LeeAnn Bancroft, Renee Campbell ABD Conversion Trg. Maple Hts. 6/21 $ PAYROLL CHANGES: ACDJFS to EMPLOYEE NAME CLASS TITLE HOURLY REASON RATE Shannon Caruso Employment Service Rep Resignation date 5/13/2016 Probationary Removal 5/9/2016 Kelly Welton Service Representative Resignation date 5/24/2016 Probationary Removal 5/11/2016 Ashba, William Maintenance Repair Super Probation completed 5/13/2016 Otto, Michele Administrative Assistant Sup Promotion - Bargaining to Non- Bargaining Sedmak, Leslie CSEA Service Representative Lateral Move - IM to CSEA Appropriations Fund Total Personal Svcs Comment Eastern County $ 1, $ - additional appropriation for juror fees Court Children Services $ 10, $ - additional appropriation for contract services EXECUTING PAYMENT OF THEN AND NOW CERTIFICATION PRESENTED BY THE COUNTY AUDITOR PURSUANT TO ORC (D)1 AND AUTHORIZING THE DRAWING OF WARRANT(S) IN PAYMENT OF AMOUNTS DUE UPON CONTRACT OR ORDER- SEE SCHEDULE 21 TN DIRECT RELIEF BILLS:

8 Vouchers # through , for Public Assistance; Child Support; and WIA Invoices BILLS: COUNTY FUNDS SCHEDULE 21 ENGINEERS SCHEDULE 21E; now THEREFORE, BE IT RESOLVED, By the Board of Commissioners of Ashtabula County, Ohio, do hereby find that the above outlined financial transactions and vouchers are in order and sufficient funds are available to permit the execution of these transactions, BE IT FURTHER RESOLVED, that the above transactions are approved and allowed, and furthermore, that the County Auditor is hereby authorized to issue warrants for payment of said vouchers. MOTION: Kozlowski moved the adoption, Carlo seconded. DISCUSSION: None RESOLUTION NUMBER ACNH JOURNALIZING NO BIDS RECEIVED AND RE-ORDERING BIDS FOR THE SALE OF CERTIFICATE OF NEEDS FOR DUALLY ELIGIBLE MEDICARE/MEDICAID CERTIFIED NURSING HOME BEDS WHEREAS, on April 26, 2016 by Resolution Number ACNH, bids were ordered for the sale of 30 Certificate of Needs for dually eligible Medicare/Medicaid certified nursing home beds were ordered; and WHEREAS, on May 19, 2016, no bids were received for the sale; and WHEREAS, Generations Healthcare Management, the Management firm for the Ashtabula County Nursing and Rehabilitation Center, has notified this Board that Thirty (30) dually eligible Medicare/Medicaid Certified Nursing Home beds are not in use at the Center and there is no projected need for these beds in the future and since no bids were received previously, these Certificates should be re-bid and offered for sale; and WHEREAS, in accordance with the terms outlined in ORC , the Board has determined that the sale of said Certificate of Needs would be beneficial to the Nursing and Rehabilitation Center with a minimum bid of $11, (per license); and WHEREAS, Because the estimate of the above sale will be in excess of $2,500.00, it is necessary to advertise for bids as required by Section Ohio Revised Code; now THEREFORE, BE IT RESOLVED, By the Board of Commissioners of Ashtabula County, Ohio, that a bid opening will be held on June 13, 2016 at 1:00 p.m. for the sale of Thirty (30) dually eligible Medicare/Medicaid Certified Nursing Home Certificate of Needs at the Ashtabula County Nursing and Rehabilitation Center and the Clerk of the Board is hereby ordered to advertise in the newspapers and post notice of said bid on the bulletin board as required by law. MOTION: Carlo moved the adoption, Kozlowski seconded. DISCUSSION: None

9 RESOLUTION NUMBER SEWA APPROVING CONTRACT WITH UNION INDUSTRIAL CONTRACTORS, INC. FOR THE CARPENTER ROAD SANITARY SEWER LIFT STATION Board, to-wit: Scope: WHEREAS, Nicholas Sanford, Director of ACDES, has presented a Contract for the approval of the Rehabilitation of the Carpenter Road Sanitary Sewer Lift Station Provider: Union Industrial Contractors, Inc., PO Box 1718, Ashtabula, OH Cost: Not to Exceed, total amount of $369, Term: Commence upon signing, completion date November 30, 2016; now THEREFORE, BE IT RESOLVED, By the Board of Commissioners of Ashtabula County, Ohio that the Contract as noted above is approved in accordance with the copy now on file in this office. MOTION: Kozlowski moved the adoption, Carlo seconded. DISCUSSION: None Work sessions: May 24, :00 a.m. Topic: General Matters/Agenda Items In Attendance: Dan Claypool, Casey Kozlowski, Peggy Carlo, Lisa Hawkins, Janet Discher, Kathy Thompson Kathy Thompson- Juvenile- Kathy explained the FY2016 amendment $14,500 to fix intercoms and cameras. Decision: both on today s agenda. Janice Switzer- FY16 CDBG grant application will submit a waiver to exceed the limit for the slum/blight benefit, as outlined in the original grant. Normally limited to 49% of the grant available, allocated $80,000 and need $86,000. Finding on CHIP filed 10 year mortgage, requirements were switched to 5 years. This will affect 4 properties. Amend the 2015 CHIP grant- move funds from down payment to private owner/occupied rehabilitation. HUD has changed the way the down payment funds are mortgaged. CFA- Pete Pasqualone is retiring. Cliff Henry will be appointed. Reappointing the other members. Kingsville Library- Dan to discuss ideas with some members of the Kingsville Library board about possibly moving the library. Schedule change: moving 6/7 meeting day to 6/9. Cancel work sessions for Thursday this week. Building Dept. hours have changed to 7:00a.m. to 3:00p.m. Longevity package for non-bargaining unit staff. Discuss further to see what numbers would be. This would be for staff that did not receive raises. Safety Communications Center- At-Tech property. Discussing a possible lease. Prosecutor will review the law and advise. Would satisfy the grants, with the option to buy and the EPA. School Board wants the water pressure addressed and the sewer, keep the same. Need to secure the property, either lease or owned. Will setup meetings for funding sources, after property is secured. Smolen Engineering agreement is ready, will wait for further instructions before processing.

10 Ms. Carlo updated the Commissioners regarding giving $2,500 for a project. The funds to be used for Educational purposes/programming. ADJOURNMENT: The President and Clerk of the Board hereby certify that this is a true and accurate record of the minutes of the May 24, 2016 session. All deliberations concerning official business and formal actions by this Board of Ashtabula County Commissioners were conducted in an open public meeting. CERTIFIED: ATTESTED: COMMISSIONERS PRESIDENT OF CLERK ASHTABULA COUNTY

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