Kokoski, Vice-Presidentand Theresa L. Upton, Clerk.Commissioner Tom Williams, Member, Absent

April 26, 2011

The Board of Commissioners of Lorain County, Ohio met this day in a regular meeting, in the J. Grant Keys Administration Building,

226 Middle Avenue, Elyria, Ohio, at 10:30 a.m. with the following members present: Commissioner Ted Kalo, President, Commissioner Lori

Kokoski, Vice-Presidentand Theresa L. Upton, Clerk.Commissioner Tom Williams, Member, absent

JOURNAL ENTRY

Commissioners said the Pledge of Allegiance.

The following business was transacted______

A.PUBLIC HEARING

9:30 a.m.Hearing on Hastings Ditch, LaGrangeTownship.

This meeting was postponed until 10:30 a.m. due to Commissioner Kokoski running late and Commissioner Williams was unable to attend.

Clerk Upton stated this was the public hearing duly noted in the Chronicle Telegram on March 28 and April 4, 2011.

In accordance with Section 6131.07 of the Ohio Revised Code, a petition was filed with the Board of Commissioners of Lorain County on February 25, 2011 to clean and improve the Hastings Ditch from SR301 to Webster Road, LaGrangeTownship.

The construction of the improvement is necessary and will be conducive to the public welfare. The following is the course and termini of said proposed improvement to wit: Commencing at a point on East side of S.R. 301 approximately 460 feet north ofWebster Rd., on the north property line of 40956 Webster Road. Thence continue easterly along the existing ditch to be cleaned approximately 3740 feet to the end, on the north side of Webster Road at Culvert No. 0582, also being south easterly corner of 40330 Webster Road.

All costs of engineering, construction and future maintenance will be assessed to the benefited parcels of land.

The following is the nature of the work petitioned for: improving the ditch from State Route 301 to Webster Road being approximately 3740 feet, called Hastings Ditch. The trees and brush will be cleared in and along the sides of the ditch as needed to allow appropriate flow. A 20 foot wide, each side (measured perpendicular to and along the top of ditch) grass access path for ditch improvements and maintenance will be allowed to LaGrangeTownship and maintained by LaGrangeTownship. Good faith effort will be used to save trees as requested by owner if it does not obstruct flow. Silt build-up will be removed from the channel to restore the ditch bottom to its original grade

Resolution No. 11-167 on March 16, 2011 accepted Petition, scheduled the viewing on April 11 at 10 am. Notice was published in the Chronicle on March 28 and April 4 and notices were sent to property owners on March 21 and hearing was scheduled for today.

The viewing took place; all property owners along the ditch cleaning are in agreement with the Trustees with the exception of 2 property owners; Pricilla Duplaga and Joe Langford. Discussion will continue between Trustees and these 2 property owners and an alternate was discussed to avoid Mr. Langford property if necessary.

The estimated cost of the project for the initial improvement will be assessed at $100 for each parcel, except that owners of Webster Road, the public road to be benefited by the project, the Board of Trustees of LaGrange and Penfield Township will be assessed the balance; LaGrange 75% and Penfield 25%.

Maintenance for the project will be assessed at that rate of $30/year/parcel.

The plan b estimate of cost to clean ditch is $24,305.00

Commissioner Kalo asked Assistant County Prosecutor Innes to administer an oath to anyone wishing to give testimony today.

Commissioner Kalo asked if the Township Trustees had any comments for this day.

Gary Burnett, LaGrange Township Trustee stated this ditch process was looked at several years ago and now with the recent flooding more residents were in favor to this project, as well as Penfield Township will contribute 25%. LaGrangeTownship will clean and do the annual maintenance and 10-15 years from now will remove silt. He requested that everyone that borders the ditch shall be included in the assessments and this would include the properties of Langford and Duplaga.

Assistant County Prosecutor Innes said all owners expect those two signed the agreement and therefore it is not unanimous and 2nd hearing will be held but all property owners will have to be assessed the same.

Mr. Burnett said that the Township received Issue 2 money for the widening of Webster Road and to clean ditch, which has since flooded septic systems and leach beds are underwater.

Commissioner Kalo said the elevation has been changed because of Langford’s property.

AssistantCountyProsecutor Innes said the Township and Engineer will have to have a contract relating to the improvement and thanked the LaGrange and PenfieldTownships as well as the Engineer is this cooperative economic effort.

Commissioner Kokoski asked who would be cleaning and maintaining the ditch. Trustee Burnett said the Township will

Commissioner Kalo asked the Engineer’s office if they had any comments, there were none.

CommissionerKalo asked if there was anyone present from Soil & Water, there was no one.

Commissioner Kalo asked if there any residents had comments.

William King, 40796 Webster Road, LaGrange said he is in favor of this project even with the change to the Langford property and yes there is a health issue with the septic systems and he has lived there over 15 years.

Motion by Kalo, seconded by Kokoski to close the hearing. Upon roll call the vote taken thereon resulted as: Ayes; Kalo & Kokoski / Absent: Williams

Motion carried.______

RESOLUTION NO. 11-257

In the matter of granting the petition by the LaGrange)

Township Trustees to clean and improve the Hastings )April 26, 2011

Ditch from SR301 to Webster Road )

WHEREAS, by Resolution No. 11-167 adopted March 16, 2011 accepted petition by LaGrange Township presented on February 25, 2011 to clean and improve the Hastings Ditch from SR301 to Webster Road; and

WHEREAS, today was the hearing that was duly noticed in the Chronicle Telegram on March 28, 2011; and

WHEREAS, there were 17 property ownersnotified on March 21, 2011; and

WHEREAS, the viewing took place on April 11, 2011. All property owners along the ditch cleaning are in agreement with the Trustees with the exception of 2 property owners; Pricilla Duplaga and Joe Langford. Discussion will continue between Trustees and these 2 property owners and an alternate was discussed to avoid Mr. Langford property if necessary; and

WHEREAS, the estimated cost of the project for the initial improvement will be assessed at $100 for each parcel, except that owners of Webster Road, the public road to be benefited by the project, the Board of Trustees of LaGrange and Penfield Township will be assessed the balance; LaGrange 75% and Penfield 25%. Maintenance for the project will be assessed at that rate of $30/year/parcel. The plan b estimate of cost to clean ditch is $24,305.00; and

WHEREAS, the construction of the improvement is necessary and will be conducive to the public welfare and the cost is less the benefit; and

WHEREAS, the course and termini of said proposed improvement to wit: Commencing at a point on East side of S.R. 301 approximately 460 feet north of Webster Rd., on the north property line of 40956 Webster Road. Thence continue easterly along the existing ditch to be cleaned approximately 3740 feet to the end, on the north side of Webster Road at Culvert No. 0582, also being south easterly corner of 40330 Webster Road; and

WHEREAS, All costs of engineering, construction and future maintenance will be assessed to the benefited parcels of land; and

WHEREAS, The following is the nature of the work petitioned for: improving the ditch from State Route 301 to Webster Road being approximately 3740 feet, called Hastings Ditch. The trees and brush will be cleared in and along the sides of the ditch as needed to allow appropriate flow. A 20 foot wide, each side (measured perpendicular to and along the top of ditch) grass access path for ditch improvements and maintenance will be allowed to LaGrangeTownship and maintained by LaGrangeTownship. Good faith effort will be used to save trees as requested by owner if it does not obstruct flow. Silt build-up will be removed from the channel to restore the ditch bottom to its original grade; and

WHEREAS, Commissioner Kalo asked Assistant County Prosecutor Innes to administer an oath to anyone wishing to give testimony today; and

WHEREAS, Commissioner Kalo asked if the Township Trustees had any comments for this day.

Mr. Burnett said that the Township received Issue 2 money for the widening of Webster Road and to clean ditch, which has since flooded septic systems and leach beds are underwater.

Commissioner Kalo said the elevation has been changed because of Langford’s property.

Commissioner Kokoski asked who would be cleaning and maintaining the ditch. Trustee Burnett said the Township will; and

WHEREAS, Commissioner Kalo asked the Engineer’s office if they had any comments, there were none; and

WHEREAS, CommissionerKalo asked if there was anyone present from Soil & Water, there was no one; and

WHEREAS, Commissioner Kalo asked if there any residents had comments

NOW, THEREFORE BE IT RESOLVED, by the Lorain County Board of Commissioners that we hereby grant the petition by the LaGrange Township Trustees to clean and improve the HastingsDitch from SR301 to Webster Road.

Motion by Kalo, seconded by Kokoski to adopt Resolution. Upon roll call the vote taken thereon resulted as: Ayes; Kalo & Kokoski / Absent: Williams

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

RESOLUTION NO. 11-258

In the matter of requesting the Lorain County Engineer to)

submit plans by May 3, 2011 and set the final assessment )April 26, 2011

hearing on June 8, 2011 at 9:45 a.m. for the Hastings )

Ditch, LaGrangeTownship )

BE IT RESOLVED, by the Lorain County Board of Commissioners that we hereby request the Lorain County Engineer to submit the schedule, data, drawings and other information relative to the cleaning of the Hastings Ditch, LaGrangeTownship by May 3, 2011.

FURTHER BE IT RESOLVED, the Clerk will notify the residents of the final hearing and assessments to be held on June 8, 2011 at 9:45 a.m.

Motion by Kalo, seconded by Kokoski to adopt resolution. Upon roll call the vote taken thereon resulted as: Ayes; Kalo & Kokoski / Absent: Williams

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

JOURNAL ENTRY

With no further business before the Board, Motion byKalo,seconded by Kokoski to adjourn at 10:41 a.m. Ayes: Kalo & Kokoski / Absent: Williams

Motion carried.

The meeting then adjourned.

______)Commissioners

Ted Kalo, President )

)

______)of

Lori Kokoski, Vice-president )

)

Commissioner Tom Williams, absent______)LorainCounty

Tom Williams, Member )Ohio

Attest:______, Clerk

Please note that the Commissioners’ meetings are open to the public. The scheduled air times for the meetings will be shown on Saturday at 12:00 Noon and Monday at 11:00 p.m. subject to change at the discretion of the LorainCountyCommunity College. The meetings might be also broadcasted in additional time periods as scheduling permits. If anyone wants to purchase a copy of the Commissioners Meeting Tapes, please call LorainCountyRecordsCenter at 440-326-4866.