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Board Meeting Minutes, August 7, 2018

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Commissioners’ Meeting

William F. Hutson called the meeting to order at 9:30 a.m. with Adam Friedrick and Patricia G. Geissman present. The meeting opened with the Pledge of Allegiance and a prayer.

The minutes of the July 31, 2018 meeting were emailed in advance. Mr. Friedrick moved to approve the minutes; Mrs. Geissman seconded the motion. Roll call showed all commissioners voting AYE.

Highway Engineer Administrative Assistant Doug King presented and reviewed the following resolutions: (1) accepting and awarding the bid for the 2018 Medina County Item 422 MC 3000 Chip Seal Bid for various county roads in Medina County, Ohio for the Medina County engineer; (2) accepting and awarding the 2018 Medina County Pavement Planing and Repair Bid in Medina County, Ohio for the Medina County engineer; (3) approving the final plat for the Forest Creek Subdivision Phase 4 located in York Township Tract 2, Lot 23; (4) approving the annual assessment on improvements constructed under the authority of Section 6131.63 Ohio Revised Code on 8.7101 acres of land in Tract 2, Lot 23, of York Township known as Forest Creek Subdivision Phase 4 and thereby establishing said improvements as a public watercourse; (5) determining the necessity to close Firestone Road (C.H. 26) between Black River School Road (C.H. 83) and New London Eastern Road (C.H. 84); and (6) determining the necessity to close Franchester Road (C.H. 34) between Repp Road (T.H. 89) and Willow Road (C.H. 90). Mr. Friedrick moved to approve the six resolutions; Mrs. Geissman seconded the motion. Roll call showed all commissioners voting AYE.

The commissioners reviewed the permits issued July 26-August 1, 2018.

Finance Director Mike Pataky presented and reviewed the following resolutions: (1) amending the Annual Appropriation Resolution; (2) amending the 2018 Appropriations Resolution by transferring appropriations; (3) revenue adjustments for various funds; (4) expenditure adjustments for various funds; (5) authorizing the county auditor to transfer funds from various county department accounts to the Medina County Print Shop revenue line item; (6) approving a Memorandum of Understanding between Medina County ADAMH Board and Medina County Office for Older Adults; (7) declaring Medina County property as excess property; and (8) allowing expenses of county officials. Mr. Pataky requested payment of the weekly bills in the amount of $589,785.45. Mr. Friedrick moved to approve the eight resolutions and to pay the bills; Mrs. Geissman seconded the motion. Roll call showed all commissioners voting AYE.

Human Resources Director Holly Muren presented and reviewed a resolution approving personnel changes for the employees under the jurisdiction of the Medina County commissioners. Mr. Friedrick moved to approve the resolution; Mrs. Geissman seconded the motion. Roll call showed all commissioners voting AYE.

County Administrator Scott Miller presented and reviewed the following resolutions: (1) approving agreements with Brandstetter Carroll, Inc. for evaluation, programming, planning and design services for the Administration Building and the County Courthouse; (2) approving an agreement with Proximity Marketing for website design & development; and (3) accepting and awarding the bid for the Human Services Wall Repair Project. Mr. Friedrick moved to approve the three resolutions; Mrs. Geissman seconded the motion. Roll call showed all commissioners voting AYE.

Planning Services Director Rob Henwood reported that at the last planning commission meeting, two preliminary plans were approved in Liverpool Township, Hinckley Township proposed a PUD overlay for senior residential, Montville Township did a text amendment and Lafayette and York Township did a map amendment. At the next meeting in September, they will be doing a map amendment in Brunswick Hills Township. For CDBG updates, Montville Cobblestone Park improvements and Gloria Glen’s Play

Land Parkway Park have been completed.

Office for Older Adults Director Laura Toth distributed her monthly report to the commissioners. She reported that through June 2018, Office for Older Adults is close to on target in most areas, but in ten programs tallied they are over-performing in three (social services, Information assistance, and restaurant vouchers), on target in five (HDM, CM, BS, TR, FM) and underperforming just a bit in two (congregate meals and options counseling). Staff changes in options and over performance in supportive services has led to a lagging total of short term case management or options hours. None of these numbers at this point should lead to a lack of funds, although slightly tightening the belts in the fourth quarter may be something they have to look at. She noted that she will keep a close eye on the next two months to fully assess services for the 4th quarter.

She stated that looking at the second year outreach report, there was an upwards spike in supportive services across 2018; 84 contacts were added to the yearly totals. This is especially impressive because in the second quarter, they lost a staff member and brought on both a full-time and part-time employee. She thanked Michelle Hearns who was the lone Social Worker in the department for several weeks during the transition and performed outstanding work. There have been contacts in all areas of the county which is on par with numbers year to date in townships, losing or gaining one or two. The big rise has been in municipalities with 40 in Brunswick and 46 in Medina which she attributes to senior housing complexes.

There should be a decrease in transit clientele since Veterans Services has a contract to provide veterans with transit services. The veterans can now ride transit for whatever need they may have since it is much more comprehensive than the Office for Older Adults program. She mentioned that the City of Medina contributed $20,000 for services for city residents. She stated the total non-grant money spent on City of Medina Residents through June was $26,963.93. The county has paid $16,963.93 so far this year and the City of Medina has paid $10,000. They are on par to outspend the city’s contribution in providing services to City of Medina Residents. Commissioner Hutson asked if it was reasonable to assume that it would be $52,000 at the end of the year. Mrs. Toth stated yes. Mr. Hutson stated that it would be approximately a $36,000 expense to the county for City of Medina Residents. She noted that there are two more Picnics on the Patio on 8/10/2018 and 8/24/2018, the luau. She invited the public to join them from 11:00 am to 1:00 pm.

Commissioner Friedrick stated that the City of Medina’s contribution is relatively new, but still highly appreciated. Mrs. Toth stated that it was new in 2018 and essential to the services that they are providing. Commissioner Geissman asked if it was new that they are keeping track of services for City of Medina residents because the city has donated money in the past. Mrs. Toth stated that it was new and that she is keeping track, but with this contribution, she committed to Medina City Council that she would create a monthly report with the number of residents using the services.

Coroner Dr. Lisa Deranek distributed her report to the commissioners. She introduced Amy Kerr from the Coroner’s office and stated that without Amy, the office would not be as organized. To date for 2018, there have been 74 coroner’s cases and 179 releases of bodies. She stated that on about two-third of the coroner’s cases, they went out to the scene to take care of the body and investigate; compared to last year, they are down quite a bit. The overdose deaths from January to July of 2016 there were 18, for 2017 there were 23, and now there have been 9. She stated that part of the decrease is attributed to the Narcan use and how readily available it is. She noted that another reason is the changing dynamics of the illicit drug use.

Dr. Deranek reported that the caseload is down because last year was a heavy traffic death year with eight traffic fatalities, mostly motorcyclists; this year there have only been three, but there are still five months to go. Her office tries to utilize county funding efficiently. When they go out to the scene, for a majority of the cases she can determine the cause of death so they do not have to be sent to Cuyahoga County for autopsy, but for pediatric, young person, or homicide cases, the bodies are sent for an autopsy. She stated that when she came into office, there were 21 autopsies pending, but right now, there are only six pending.

She stated that when she took office, the commissioners approved a software called Forensic Filer which allowed the State of Ohio Department of Health to be able to access her department’s computer records allowing them to provide reimbursement for all of the toxicology screens. To date, the office has received close to $5,000 from the state for toxicology screens.

There have been three pediatric deaths this year; two in the county and one drowning victim that went to Children’s Hospital. She stated that as far as the rest of the year goes, it is very unpredictable. She is able to show some trends, but she does not know if the drug use or traffic fatalities will rise again. She stated if overdose deaths and traffic fatalities are removed, the county is on par with how many deaths have occurred per quarter. She stated that the county is exploding with population and that it is estimated to be over 200,000 by the 2020 census. She noted that the office could use a vehicle to transport the bodies in the future as the county gets larger. She currently only has one funeral home that will help her transport bodies in the county. Commissioner Hutson asked what type of vehicle would be needed for that. Dr. Deranek answered that Wayne County uses a minivan that was refurbished to have a lift and take the body right in. She stated that she doesn’t want anything fancy, but just something efficient and able to transport the body to the morgue. Commissioner Friedrick stated that he would talk with Emergency Management to see if they could have a solution. She has a full-time investigator and is working to bring some more part-time investigators on board. She has two deputy coroners who help her take calls on the weekend. Commissioner Friedrick stated that the Sheriff’s Department speaks highly about working with her and from looking at the numbers and the finances, it is really going well.

Commissioner Hutson presented and reviewed a resolution reappointing a member to the Community Action Wayne/Medina Counties Board of Directors. Mr. Friedrick moved to approve the resolution; Mrs. Geissman seconded the motion. There was no discussion. Roll call showed all commissioners voting AYE.

Sanitary Engineer Amy Lyon-Galvin presented and reviewed a resolution authorizing the sanitary engineer to apply for 2019 grant monies available for the replacement/repair of failing septic systems through the Ohio EPA Water Pollution Control loan funds. Mr. Friedrick moved to approve the resolution; Mrs. Geissman seconded the motion. Roll call showed all commissioners voting AYE. She noted that this will be the sixth year they will be partnering with the Health Department; so far they have had a positive impact in either repairing or replacing over 70 household sewage treatment systems. They are at nearly a million dollars in grant monies that have been awarded to the community. Colin Johnson of the Health Department noted that each system is approximately $15,000. She thanked Commissioner Hutson for adjusting the order of the presentations to afford her the opportunity to address the public about increased recycling efforts in the County, including the Commissioners’ most recent decision to award a 10-year contract to Rumpke of Ohio, Inc. to perform mixed waste processing at the Medina County Solid Waste District facility.

Mrs. Lyon-Galvin reported that the District just wrapped up a very successful Medina County Fair Week. The Solid Waste District Booth at the fair allows them the opportunity to engage with the public and to answer questions about this 4+ year journey as the County has evaluated viable options to meet the recycling goals of the District.

Medina County’s statutorily comprised 7-member Solid Waste Policy Committee, the Board of County Commissioners, and community stakeholders, have been whole-heartedly engaged in efforts to increase the volume of recyclables recovered from Medina County’s waste stream and to reduce waste directed to the landfill. We are fortunate to live in a community that cares so passionately about waste management and recycling. Jim Skora from GT Environmental was in attendance; she stated that Mr. Skora can attest that given all of the work he and his firm does for the multiple Solid Waste Districts across the state of Ohio, the interest and engagement demonstrated by our community at large in Medina County, is unmatched.

Mrs. Lyon-Galvin reported that one visitor to the District Fair booth said our biggest challenge is that our three County Commissioners cannot agree on the Rumpke solution being implemented. She responded to them by saying that different opinions are not a bad thing. Our County Administration does not shy away from asking hard questions or discussing challenging topics. When asked “why” specific recommendations are being made, it is best not rely only on the answer “it is the way we have always done things.” Moving forward with the Rumpke mixed waste processing solution of the next 10+ years does not discredit the former mixed waste processing solution of 25 years ago. Instead, this is a new process and complementary to the other successful components of the County’s Sum of All Parts Waste Management & Recycling Strategy. She noted that differing points of view present an opportunity for continued discussion, and emphasize the need for comprehensive and detailed work product, that each of us are committed to providing. The District has successfully demonstrated over these last several years that there is no “one size fits all” solution to recycling. Community members and elected officials have shared very strong and often differing opinions on this topic, and differing opinions allow for healthy debate, as has been evident along this process, and require a focus on facts rather than emotion.

She explained that as the Medina County Sanitary Engineer, it is her responsibility to objectively consider all opportunities, weigh risk versus reward, consider the viability of the proposals at hand, conduct cost-benefit analyses, and clearly articulate results, to allow this County Administration the opportunity to make informed decisions. Sometimes it is an iterative process, and we go through different variations of similar exercises; she stated that this is time well spent. They also employ the services of outside engineering and consulting firms, and legal counsel, to bring their expertise to the decision making process.

Amy compiled a reminder package of the key resolutions and meeting minutes, from the Technical Advisory Committee’s recommendations of January 2014 up to, and including the resolution passed last week with the award of the Recyclables Recovery contract to Rumpke. Through multiple public meetings and open discussions, the County weighed the interests of our community as a whole, resulting in a variety of opportunities made available for recycling.

Mrs. Lyon-Galvin recognized individuals for their specific contributions in advancing recycling efforts in Medina County including Skip Sipos, the Executive Director of the Medina County Metropolitan Housing Authority. Skip is a long-time recycler of materials generated from the MMHA operation, and sought an opportunity to standardize on recycling in their residential communities. On August 2, Skip held a ribbon cutting event for the most recent MMHA facility opened in Medina City, the South Court Villas. He worked with Beth Biggins-Ramer to institute recycling into each of the dwelling units, and to the facility as a whole.

She then recognized Terry Grice, Montville Township Police Chief and Safety Service Director, and Rebecca Byrne, Executive Assistant. Terry and Rebecca were instrumental in the efforts of Montville Township to become the first community in Medina County to create their own Solid Waste District within our District, and to contract for curbside rubbish and recycling in their community. They did so with community input, to reduce truck traffic on their Township roads, and to exercise their local authority in deciding how they wanted to positively contribute to recycling efforts in the County. As was reported to the SWPC in July, the statistics from their new curbside recycling program indicate over 20% recovery of recyclables from Montville Township residents. Those are fantastic recovery numbers and a testament to Montville Township’s community engagement and education & outreach efforts. Chief Grice was recently awarded the SWANA Ohio Buckeye Chapter Non-Member Recognition Award for this project. She congratulated Chief Grice.

County Parks Director, Tom James was also recognized. The District has collaborated with the Parks District, and the Friends of the Medina County Parks, for their annual Uncorked Wine Festival. The Wine Festival is a two-day event, held at the Park District’s Buffalo Creek Retreat, with the July 2018 event their second year. Thousands of guests to the event sample wine with food pairings from area restaurants. As attendance continues to grow, so has the volume of recyclable materials the District has managed for the Friends. With the District’s continued collaboration, the Parks’ year 2019 event will be advertised as a “green” event.

Mrs. Lyon-Galvin stated that the District put together a guide detailing the technical support the District can provide to assist others, as was done with the MMHA, Montville Township and the Friends of the Medina County Parks. Those interested in new recycling solutions, such as curbside recycling, business waste reduction, onsite recycling at hosted events, or alternative solutions, which could include residential mixed waste processing may be assisted by District staff in accordance with the Solid Waste Plan. She made copies of Ohio EPA’s Legitimate Recycling Facility fact sheet to share, and also guidance documents authored by SWANA to help guide officials in how to best to evaluate these types of opportunities.

She stated that if, for example, a Medina County community that provides their own sanitation service, or a local hauler, would have interest in jointly contracting with a service provider to process the residential waste they are responsible for collecting through a recycling and recovery operation, such as those outlined by Optiva, Infimir,
Envision, or Entsorga, they can do so. Rather than rely on the District’s Flow Control as the mechanism to guarantee inbound tonnage and revenue, this type of arrangement and the accountability thereof, would be contractual. They at the District are there to share their lessons learned with others. The District supports local decision makers as they implement their own programs, and the District looks forward to celebrating alongside them as they achieve success.

Mrs. Lyon-Galvin explained that she had mentioned last week that the Commissioners’ most recent decision translates into the District’s ability to communicate a consistent message to the public on recycling. She asked that it be recognized that they, as a District, have very limited control over information that they do not author. Some may agree with the decisions of the District, and some may disagree, thus affecting their points of view and information disseminated. Regardless, they expect the community will remain passionate on this topic. Mrs. Lyon-Galvin noted that Curtis Perkins was registered for public comment. During last week’s Commissioners meeting, Mr. Perkins referenced a letter that she had written to him. She made copies of that letter available, as it is a public record. Those interested in reading the letter will see that it is not gender-biased instead, it is simply a response to public comments the District was made aware of. The letter was emailed with an invitation to meet for further discussion, and the invitation still stands. She stated that she realizes a likely outcome is continued disagreement on the subject of how best to recycle in the County, however, that they can disagree professionally. Lastly, Ms. Lyon-Galvin explained that she and Beth are both Medina County residents, and are active and engaged in their community. They often receive questions from interested community members whether at Rotary meetings or the like, a library meeting, or school functions. Again, those conversations do not always result in a shared or similar point of view.

She thanked the Solid Waste Policy Committee, the County Commissioners, the general public, and community stakeholders for their continued engagement on all things solid waste and recycling.

Public Comment

Curtis Perkins, 5604 Lafayette Road, Lafayette Township, stated that he was here to respectfully ask the county to rescind Resolution 18-0652; it approves a contract that includes the expenditure of public funds, but it was based on a Request for Qualifications (RFQ) instead of through a competitive bidding process based on a Request for Proposal (RFP) or Requests for Bids (RFB). He stated that the contract described in the resolution as a “final contract” that had been “presented to the Board of County Commissioners” was not “final” at the time the resolution was passed. He also stated that the county may not use an RFQ when the law requires competitive bidding. Mr. Perkins stated that Resolution 18-0652 was adopted on July 31, 2018 and recites that Rumpke of Ohio, Inc. was the highest-ranked respondent for processing and recovery of recyclables and transfer, transport and disposal of municipal solid waste for the Medina County Solid Waste Management District, based on a September 7, 2017 RFQ. The RFQ clearly states that the project entails the expenditure of public funds for “Building Modifications” that are agreed upon between the county and the successful respondent. He noted that on page 36, the RFQ states: “The contractor will be responsible for all funding, design, permitting, construction and operations of this contractual opportunity, excepting the agreed upon building modifications, which are to be designed and permitted by the contractor and paid for by the district.” On the same page, the RFQ clearly states: “The District will provide funding for the contractually agreed upon building modifications.”

He stated that the resolution approves a contract awarded based on an RFQ for a project that includes the expenditure of public funds on certain agreed upon “building modifications”. That violates Section 307.86 of the Ohio Revised Code, which requires the County to competitively bid any contract more than $50,000. He stated that if the County Commissioners determine that “the use of competitive sealed proposals would be advantageous to the county,” Revised Code Section 307.86(M) allows the commissioners to use an RFP process only if the county fully “complies with Section 307.862 of the Revised Code.” The Revised Code does not allow the commissioners to use an RFQ for such purposes. The selection of designated providers of solid waste disposal services by a county solid waste management district is not subject to competitive bidding because it does not involve the expenditure of public funds. But that is not the case here since the County specifically agreed to spend public funds on building modifications as part of the selection process. As part of the selection process (as explained in the RFQ), the expenditure of public funds by the county is an integral part of this procurement. As such, the county could not lawfully use an RFQ on this procurement. The county is free to use an RFB or RFP that complies with the Revised Code, but under no circumstance could it use the RFQ in place of what the law required by way of competitive bidding through an RFP or RFB. He added that the county cannot proceed with this or any other contract procured in violation of the law. The county should rescind the Resolution and restart the procurement process in a legal way. The contract was not final when the resolution was passed.

Mr. Perkins noted that the Resolution specifically provided, “the final contract has been prepared with the assistance of the County Prosecutor’s Office and presented to the Board of County Commissioners.” He stated that on July 31, 2018, however, the Medina Gazette quoted the County’s Sanitary Engineer as stating that, while key points had been negotiated, the final contract was not ready. He stated that Amy Lyon-Galvin had said “It’s down to the final pieces of the contract.” The Resolution adopted by the commissioners is unequivocal. It did not state that the contract was in its final stages or that the “key points” had been negotiated. The Resolution did not authorize the Sanitary Engineer to “finish negotiations” or “finish preparation” of the contract. The Resolution, instead, expressly stated that the “final contract has been prepared” and “presented to the board”. He stated that it was clear that this is not the case. Whatever contract was referenced in Resolution 18-0652 cannot be the contract with Rumpke as no such final contract existed, and as such, none was presented to the board when the board voted on July 31, 2018.

Mr. Perkins asked the commissioners to rescind Resolution 18-0652. Whenever a final contract exists, it can be presented to the Board for approval at that point. He thanked the commissioners for their consideration. Clayton Minder, Chief Financial Officer of Envision Waste Services, stated that at last week’s commissioner’s meeting during the resolution discussion, the County stated that the cost for waste disposal/processing services at the CPF would be $65 per ton had the County selected Envision’s response as opposed to the rate using Rumpke which would be in the low $50 per ton range. He stated that they are unsure how the County arrived at the $65 per ton, so they looked at Addendum 6 of the RFQ for an analysis comparison of cost between the Envision and Rumpke costs. He stated that the County published Addendum 6 on May 7, 2018 and it included a worksheet which shows the comparison of cost between the 2017 rate, the proposed rate with Rumpke and the proposed rate with Envision. The RFQ and all five previous addenda are available on the county commissioners’ website for public view, but Addendum 6 is not. He asked that in the interest of full transparency and disclosure that Addendum 6 be made available on the commissioners’ website.

Mr. Minder stated that at the May 1 commissioners’ meeting, the sanitary engineer made a presentation outlining the Medina County Solid Waste District Recommendations, and in that presentation, the sanitary engineer showed that the 2017 cost for all services being provided by the District was $42.30 per ton as compared to a gate rate of $42.00 per ton including the cost of transfer, transport and disposal. In the next column, a proposed rate was shown which included the Rumpke cost of mixed waste processing; this was part of the resolution passed last week. He stated that in that comparison, you can see the sanitary engineer estimated that the total cost for these services, including the Rumpke proposal, would be $52.57 per ton with an estimated gate rate of between $50-55 per ton. He asked that it be noted that there are two differences, the first being on the line for OEPA Disposal fee which shows in the 2017 rate and the proposed rate columns, that line is $4.75 per ton, and in the Envision Waste Services (“EWS”) column, it is $3.42 per ton. The difference is the EWS columns take into account that 28 percent of the waste brought into the plant is guaranteed to be recycled by EWS. If the recycled waste does not go to the landfill, the County does not pay the $4.74 for those tons to the State of Ohio. This would equate to over $185,000 in annual savings based on the 39,000 tons guaranteed in the EWS response. He noted that this is a significantly larger discount as compared to the $33,000 annual discount based on Rumpke’s response. Secondly, the two EWS columns differ because the first column represents the costs with the elimination of the countywide drop-off program, and the second includes the full cost of the drop-off program for full continuation of the program. He stated that it should be noted that these columns represent just two data points – complete elimination and full continuation of the current program. Mr. Minder stated that at a Solid Waste Policy Committee meeting earlier this year, Andrew Booker from the State of Ohio noted that the county may alter the number of drop-off bins if they added a countywide mixed waste processing system, therefore, keeping the current drop-off program or complete elimination of it, or anything in between, along with EWS program from their response, would be acceptable to the state. He stated that Mr. Viny confirmed at the previous commissioners’ meeting that Envision had previously stated that the drop-off program is compatible with their mixed waste processing program. As the county considers its annual cost in excess of $900,000 per year to operate the drop-off program, it should also be noted that the single drop-off site at the CPF during the former operation produced about one-third of the volume being delivered to all 54 or so current sites. He stated that this shows the diminishing return of keeping all these sites in the presence of a countywide mixed waste processing system. It would seem prudent to consider a reduction of at least some of these sites, thereby reducing costs to residents and businesses of Medina County.

Continuing, Mr. Minder stated that the cost of Class IV composting, District administration and other programs, and debt retirement would be exactly the same regardless of who is awarded the contract. If you carry those costs forward to the evaluation of the EWS response, you can see based on Addendum 6 of the RFQ, the total cost of the EWS program would be approximately $54.73 per ton for complete elimination of the drop-offs and $60.80 per ton for 100% continuation of the drop-off program. The table in Addendum 6 used the county’s markup exactly as they have shown in their presentation at the commissioners’ meeting, including the county’s program costs, debt retirement and administrative expenses. The Envision cost of $44.56 per ton which is reduced to writing in their proposal was added to the county’s costs to complete the Addendum 6 table. He stated that using these hard facts, they don’t see how the county is coming up with a rate of $65 per ton had they selected Envision as Addendum 6 shows it to be far less costly.

In conclusion, Mr. Minder stated that Envision asks that the county provide the backup for how they arrived at their claimed $65 per ton cost, and they further offered to meet with the county to review their numbers. If the county erred in their statement of a proposed $65 cost using Envision, they asked that the minutes of last week’s commissioners’ meeting be corrected accordingly.

Amy Lyon-Galvin stated that Addendum 6 was not a District-generated addendum; it was material prepared by others that had been disseminated into the community that the District released in an addendum so that it could be shared with all four respondents. Mr. Hutson clarified that it was not an official document that we produced. Amy confirmed.

Steve Viny, Envision Waste Services, stated that his comments relate to Medina County Commissioners’ Resolution No. 18-0652. He referenced RFQ Addendum 5 which is available on the county commissioners’ website and relates to the scoring system used in the RFQ process. The county assigned the team of Rumpke and Vexor the highest score of the four qualified respondents. Based on those scores, the county selected and negotiated with Rumpke and Vexor for the operation of the CPF.

Mr. Viny stated that Addendum 5 proves that the scoring of the RFQ responses was incorrect. He provided an example referencing RFQ Part 1, Item 5 – Litigation History noting that Addendum 5 shows that Rumpke failed to disclose multiple lawsuits including one case involving local zoning whereby Rumpke filed suit against Colerain Township claiming the company was a public utility and therefore exempt from local zoning. He stated that Rumpke won a lower court decision, but the township appealed the case. Many local governments, including Medina County, filed amicus briefs in support of Colerain Township and in opposition to Rumpke, and Medina County was represented by the firm of Eastman and Smith; this is the same law firm that represents the county in this RFQ procurement. Therefore, the county either knew or had access to the knowledge that Rumpke did in fact have litigation. The Colerain Township litigation went on for many years and eventually, Rumpke settled with the township agreeing to pay them millions of dollars. Mr. Viny provided information of litigation involving a Rumpke worker that fell into a tire shredder and was killed. A relative of the deceased filed a complaint. Rumpke won the decision in the lower court, but the family member filed an appeal and won in the appellate court. Both of these suits are included in the RFQ, Addendum 5.

Regarding Vexor, Mr. Viny stated that they also failed to disclose litigation as they were named in a patent infringement lawsuit; the outcome may still be pending. He stated that page 13 of the RFQ shows that submission of false, inaccurate or incomplete information is grounds for disqualification. Despite the Rumpke/Vexor team providing false information regarding their litigation history and that their scorecard clearly states “no litigation”, they were not disqualified and they were awarded all ten possible points in this category.

Mr. Viny stated that in Item 6 – Safety History – Rumpke/Vexor again received all ten possible points, although it should be noted that Rumpke had a death in their tire shredder, another death in their baler and their MRF in Columbus caught fire and burned to the ground. By comparison, Envision never had an employee death in the 21 years it ran the CPF nor did the CPF ever burn to the ground or even lose a day of operation due to fire. Envision’s safety record is far better than the industry standard by a factor of nearly double, yet Envision received a safety score of 5 out of 10. Continuing, Mr. Viny stated that in the project history category, Rumpke/Vexor received a score of 18 out of 20 though neither company ever operated a mixed waste processing facility. Envision designed, built and operated the CPF for 21 years and the facility was operated in full contractual and environmental compliance for all of those years. Envision also designed, permitted and operated the Medina County Class 1 compost facility and remains the only company to every successfully permit and operate a Class 1 compost facility in the State of Ohio. Envision staff also designed and built additional MRF’s, transfer stations and operated long-haul waste transfer in two states. Envision received a score of 11 out of 20 points.

In the area of project team, Rumpke/Vexor received a score of 9 out of 10. The Envision team also included AECOM, the largest A&E firm in the world and also the number one rated engineering firm in the world. Mr. Viny stated that the Envision team demonstrated its ability to operate the CPF as a mixed waste processing facility in full contractual and environmental compliance for 21 consecutive years; Envision received a score of 5 out of 10 for project team.

With respect to the scoring of the RFQ Part 2, Mr. Viny stated that the Rumpke/Vexor team fell short of the full scope of services sought in the RFQ as their proposal only provides for the waste processing of commercial waste; they do not propose to process any single family residential waste or any mixed organic waste. Single family waste will simply be transported to the landfill for disposal just like it is now, however, the price will increase by about $10 per ton with no direct added value to the resident. The Rumpke/Vexor proposal projects to recover about 7,000- 8,000 tons of recyclables per year. The Envision proposal recycles all waste including residential, commercial and provides mixed organics composting. He stated that Envision guarantees to recycle 39,000 tons per year representing five times more than the Rumpke/Vexor proposal. Rumpke/Vexor, however, scored more points in the RFQ Part 2 than Envision.

Mr. Viny stated that the selection methodology for the successful RFQ respondent by the highest total points is well documented in the minutes of the county commissioners meetings. They submit that the allocation of points was not true, accurate or fundamentally fair, and the grounds for disqualifications made available to the county in the RFQ were not enforced. They further submit that had the county scored the responses fairly and imposed the disqualification privileges designed into the RFQ, the outcome of the RFQ process would have led to a different conclusion.

Mr. Viny requested the county rescind Resolution No. 18-0652.

Amy Lyon-Galvin stated that the referenced Addendum No. 5 did not contain information prepared by the District; it was information that had been disseminated in the public, so the District issued the Addendum to share with the project respondents.

Charles Calvert, 120 Northcliff Lane, Guilford Township, stated that he has been to the commissioners meeting many times over the last four years to talk about the Central Processing Facility. He stated that he has no connection to any of the bidders on this contract. He was the head of Finance for the State of Ohio House of Representatives and he shepherd through the money to build the Central Processing Facility. He stated that his interest was to protect the taxpayers money and that the building be continually used to process solid waste. He put together a white paper with ten points that he passed out to the commissioners. He noted that legislators, concerned citizens and elected officials gathered together four years ago to talk about mixed waste processing. The group only came up with two suggestions: recycle more and lower the cost. The contract that was approved does not do either of these suggestions. He stated that we have completely eliminated the possibility of meeting what the public and elected officials wanted.

There were proposals on the table that would have done exactly what we wanted: increased recycling and lower the cost, but the county decided to reject that. He stated that he has spent many years looking at the revised code and it was already mentioned by previous speakers about the use of RFQs. He stated that he was surprised that the legal counsel who reviewed this did not spot this because it is pretty obvious what the State of Ohio has to say about bidding. He is very disappointed with what the commissioners have done and does not know what can be corrected at this point in time. He provided a handout to the commissioners.

With no further business to come before the Commissioners, the meeting recessed at 10:40 a.m.

Discussion Session

At 10:42 a.m., the Commissioners began the Discussion Session in the Commissioners’ Conference Room.

NOACA Membership Dues

Scott Miller reported that NOACA increased their membership dues by $19,745; the dues for this year were $58,633. Commissioner Geissman asked if there was a reason for the increase. Mr. Miller answered that it is based on the 2010 census in order to sustain NOACA’s water quality programs. Commissioner Hutson stated he was at the meeting when they voted for the increase and the vote was about 44 to 1. Commissioner Friedrick stated that there was a proposed increase in 2009 that did not go through. Mrs. Geissman stated that a 30 percent increase is a hefty increase; Mr. Miller noted that this is something the county has no control over. Mr. Friedrick explained that a lot of counties farm these costs out to the political entities, but Medina County Commissioners cover the cost.

Budget Meeting

Scott Miller stated that the budget needs to be passed at the end of the year and Christmas falls on a Tuesday. He suggested the commissioners meeting be moved to Friday December 21; the commissioners agreed.

Christmas Eve

Scott Miller stated that Christmas Eve falls on a Monday this year and he asked the commissioners to consider closing the offices under the commissioners on Christmas Eve because a lot of other departments close on Christmas Eve; the commissioners agreed to close the offices on Christmas Eve.

Statement Correction

Amy Lyon-Galvin stated that she wanted to correct something she said earlier. She stated that it should be 750 lbs of recyclables from the Wine Festival instead of 750 tons.

Volkswagen Mitigation Grant Program

Amy thanked Scott for his suggestion of a grant from EPA that offered funds to reduce vehicle emissions through the Volkswagen Mitigation Grant Program. She submitted an application for a dump truck and a vactor.

NOACA Funding

Commissioner Friedrick stated that Andy Conrad received NOACA funding to complete the southern portion of Medina Line Road which is some money back from the increase in NOACA membership dues. Paul Barnett stated that NOACA also gave $9 million to do North Carpenter Road which is breaking ground in the spring. Central Processing Facility

Commissioner Friedrick stated that he wanted everyone to know that he disagreed with some of the comments made about the Central Processing Facility, but he stated that the Envision bid included 7,000 tons of Class 1 which is volume reduction. He stated that it is not something that the Ohio EPA likes and may not even allow anymore. He stated that the District’s Class 1 License has expired. In the old contract, the Class 1 shrinkage was more than what was recycled. When they went through the RFQ and RFP process, the 7,000 tons was in there. It should not have been in there since there is not a Class 1 license anymore. He stated that this is a testament to the fact that the process was completed how it should have been because the bidder could have just been told this has 7,000 tons of Class 1 and it is not being done anymore.

Charles Calvert stated that there is a legislative effort to clarify what waste processing means in the state. He stated that it is called landfill diversion. The waste comes into the facility to be weighed and it is weighed when it goes to the landfill. He stated the issue is reducing what goes into the landfill.

Commissioner Hutson stated that he wanted the scorecard because it helps to understand what is happening by seeing what is coming in and what goes out. He wants to know what happens in the middle and if it’s due to the company efforts, they should be rewarded for that.

Mr. Friedrick stated he does not believe in Class 1 reduction because it is so convoluted and the number that gets used is from whoever is running the process. The Solid Waste Policy Committee and TAC would say no to all Class 1 reduction because the Solid Waste Policy Committee does not want Class 1 reduction.

Mr. Calvert stated that a tipping fee is collected and money is paid to go to the landfill. The revenue stream to the county can be used any way they want. If there are a bunch of old tomatoes and they go right to the landfill weighing more because they are wet then the county is paying higher landfill fees for the tomatoes. If landfill is paid, the margin is lost between tipping and landfill. Mr. Friedrick stated that the Class 1 market as a compost was never realized. He stated that Mr. Calvert’s point about letting it shrink before it goes to the landfill is a valid point. Mr. Calvert stated even if the compost is given away, the county would still be ahead because the landfill fees would not have to be paid for that trash. Mr. Friedrick stated that it assumes the cost to create the Class 1 is less than the cost to put it in the landfill.

Paul Barnett stated that he sits on the Board for Solid Waste, he sat on the Board for Akron and Summit County Solid Waste for 18 years, and ran and closed a Solid Waste Facility. He stated that landfills need liquids in order to do the biodegrading of everything. The methane is collected and can be used to produce electricity like they do in Akron. In some landfills, liquid is added to the landfill to kick start that process. He stated that it was his view that the district’s goal was to remove metals, plastics, and bottles from the landfill. Bob Havenga stated that at the end of the day, the liquid leaches out and it ends up never being a permanent part of the landfill so it will be reduced one way or another at the end. Mr. Barnett stated that if the liquids are pulled out of the trash before it is sent then the tipping fees may be less. There is a fixed cost for that trash to be put in the landfills and volume is based on the space. If the landfills are getting all this dry material then they will have to start pumping water into the landfill and the tipping fees will have to go up. He stated that it will catch up to them in the long run if they were to dry everything.

Kimberly Marshall stated that she works with manufacturing companies who want to be 100 percent sustainable meaning they do not want any of their waste to end up in a landfill. She asked for companies that have food waste, meaning employee’s food waste, is there an effort with the anaerobic digester to have a separate bin to collect the food waste from the company to be diverted from the landfill. Amy Lyon-Galvin stated that when the digester project is complete, there will be a program established to bring materials to the Liverpool plant for disposal. For example, Cloverleaf Schools wants to have a three bin program at their schools to have food waste go to the digester. She stated that this was in the future.

Mr. Hutson asked Mrs. Lyon-Galvin to comment on Addendum 5 and 6. Mrs. Lyon-Galvin stated that Addendum 5 was the document that showed up and an author was not able to be determined, and Addendum 6 was the presentation to Brunswick City Council. These were materials not prepared by the district, but were shared for transparency reasons.

Courthouse Agreement

Mr. Hutson stated that conversations about the Courthouse and moving offices have been had with the city. There is a draft of the agreement that he asked the other two commissioners to review.

Adjournment

There being no further business, Mr. Friedrick moved to adjourn the meeting; the motion was seconded by Mrs. Geissman. Roll call showed all commissioners voting AYE. The meeting ended at 11:04 a.m.

RESOLUTIONS PASSED AUGUST 7, 2018

  • 18-0655 Allowing claims and authorizing issuance upon the treasurer in settlement of such list of claims
  • 18-0656 Accepting and awarding the 2018 Medina County item 422 MC3000 chip seal bid in Medina County, Ohio for the medina county engineer
  • 18-0657 Accepting and awarding the 2018 Medina County pavement planning and repair bid in Medina County, Ohio for the medina county engineer
  • 18-0658 Approving the final plat for the subdivision phase 4 located in York Township Tract 2, Lot 23
  • 18-0659 Approving annual assessment on improvements constructed under the authority of section 6131.63 Ohio Revised Code on 8.7101 acres of land in Tract 2, Lot 23, of York Township known as Forest Creek Subdivision Phase 4 and thereby establishing said improvements as a public watercourse
  • 18-0660 Determining the necessity to close Firestone Road (C.H. 26) between Black River School Road (C.H. 83) and New London Eastern Road (C.H. 84)
  • 18-0661 Determining the necessity to close Franchester Road (C.H. 34) between Repp Road (T.H. 89) and Willow Road (C.H. 90)
  • 18-0662 Amending the annual appropriation resolution
  • 18-0663 Amending the 2018 appropriations resolution by transferring appropriations
  • 18-0664 Revenue adjustments for various funds
  • 18-0665 Expenditure adjustments for various funds
  • 18-0666 Authorizing the county auditor to transfer funds from various county department accounts to the Medina County Print Shop revenue line item
  • 18-0667 Approving a memorandum of understanding between Medina County ADAMH Board and Medina County Office for Older Adults
  • 18-0668 Declaring Medina County property as excess property
  • 18-0669 Allowing expenses of county officials
  • 18-0670 Approving personnel changes for the employees under the jurisdiction of the Medina County Commissioners
  • 18-0671 Approving agreements with Brandstetter Carroll, Inc. for evaluation, programming, planning and design services for the administration building and the county courthouse
  • 18-0672 Approving an agreement with Proximity Marketing for website design and development
  • 18-0673 Accepting and awarding bid for the Human Services Wall Repair Project
  • 18-0674 Authorizing the sanitary engineer to apply for 2019 grant monies available for the replacement/repair of failing septic systems through the Ohio EPA Water Pollution Control Loan Funds
  • 18-0675 Reappointing a member to the Community Action Wayne/Medina Counties Board of Directors

All deliberations concerning official business and formal actions by this Board of Commissioners were conducted in an open public meeting this seventh day of August 2018.

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