september 26, 2019 · 5 september 26, 2019 meeting of the board of directors agenda item iv (b)...

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Meeting of the Board of Directors

Agenda

September 26, 2019

September 26, 2019


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Agenda

September 26, 2019

Agenda

One Maritime Plaza, 2nd Floor, Classrooms A & B

Thursday, September 26, 2019, at 8 a.m.

I. Call to Order Page No.

II. Roll Call

III. Public Comment Period

IV. Report and Communications from the Chair: John S. Szuch

A. Consider Appointment of Officers 4

B. Resolution Honoring Paul L. Toth, Jr. 5-6

C. Presentation from Mayor Wade Kapszukiewicz

D. Consider Renaming Toledo Express Airport 7-8

V. Report of the President and CEO: Thomas J. Winston

VI. Consent Agenda

A. Consider Previous Meeting Minutes: July 25, 2019 9-14

B. Consider Approval of Final Expenditures through August 31, 2019 15-25

C. Consider Cooperative Agreement with Wood County Port Authority 26-27

D. Consider Other Transaction Agreement with Transportation Security

Administration for Cost Reimbursement at Toledo Express Airport

28-29

E. Consider Lease Amendment and other Agreements with Criminal Justice

Coordinating Council and City of Toledo at One Government Center

30-33

F. Consider Asbestos Abatement at 761 Berdan Avenue, Toledo, OH (Total

Environmental Services, LLC)

34-37

G. Consider Roof Replacement and Interior Repairs to Concourse Roof at Dr.

Martin Luther King, Jr. Plaza

38-39

H. Consider Supplemental Agreements with RS&H Ohio, Inc. for Construction

Administration, Resident Project Representative Services and Additional

Design Services at Toledo Executive Airport

40-43

I. Consider Agreement with RS&H Ohio, Inc. for Construction Administration,

Resident Project Representative Services at Toledo Express Airport

44-46

J. Consider Credit Card Policy 47

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Agenda

September 26, 2019

a. Exhibit A 48-51

K. Consider Accepting Amounts and Rates as Determined by Budget

Commission and Authorizing Necessary Tax Levies and Certifying to the

County Auditor

52-53

L. BetterBuildings Northwest Ohio Dashboard 54

M. Northwest Ohio Bond Fund Trustee Report 55

N. Toledo Express Airport Statistics 56

O. Seaport Statistics 57

P. Diversified Contractors Accelerator Program Report 58-60

VII. Recommendations and Reports from Standing Committees

A. Finance & Development Committee: Nadeem S. Salem, chair

1. Consider Acceptance of 2018 Audited Financial Statements 61-62

2. Consider Appointment of Board of Directors of ARG Services, Inc. 63-65

3. Consider Acquisition and Lease of Experimental Aircraft Association Hangar at Toledo Executive Airport

66-69

a. Exhibit B 70

4. Consider Purchase and Sale of Blue Creek Fields (Metroparks Toledo – Anthony Wayne Youth Foundation)

71-72

5. Consider Agreements with Dana Ltd. 73-75

a. Exhibit C 76

6. Consider Open-Ended Mortgage of Leasehold Estate by Midwest Terminals of Toledo, Inc.

77-78

B. Planning & Operations Committee: William J. Carroll, chair

C. Government, Community & Human Relations Committee: James M. Tuschman, chair

1. Consider Community Economic Development Initiative Grant for

Monroe Street Neighborhood Center

79-80

a. Exhibit D 81-83

VIII. Other Business

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Agenda Item IV (A)

September 26, 2019

RESOLUTION NO. _____

APPOINTMENT OF OFFICERS

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas

County Port Authority:

That Thomas J. Winston be and hereby is appointed to serve as Secretary & Fiscal

Officer of this Board for a term commencing immediately and expiring December 31, 2019.

That Kathy Despoth be and hereby is appointed to serve as Assistant Secretary & Fiscal

Officer of this Board for a term commencing immediately and expiring December 31, 2019.

Approved: _________________________________ John S. Szuch, Chairman

Yeas: _________________________________

Nays: Paul L. Toth, Jr., Secretary

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September 26, 2019


Agenda Item IV (B)

Resolution No.______

In Honor of Paul L. Toth, Jr.

WHEREAS, Paul L. Toth, Jr. was hired by the Toledo-Lucas County Port Authority

as Project Engineer on June 13, 1988, and served the organization in multiple roles over

the past 31 years, including Assistant Director of New Project Development, Assistant

Vice President of New Project Development, Director of Technical Services, Airports

Director, Vice President of Technical and Financing Services and most recently,

President and CEO; and

WHEREAS, as President and CEO of the Port Authority, Mr. Toth transformed this

organization by expanding and diversifying its portfolio through innovative and

entrepreneurial programs, which includes the launch of the successful Diversified

Contractors Accelerator Program; and

WHEREAS, in 2017, Mr. Toth successfully negotiated the relocation of Tronair,

Inc.’s operations to One Air Cargo at Toledo Express; and

WHEREAS, consequent to the award of $15 million from the United States

Department of Energy, Mr. Toth led the creation of the BetterBuildings Northwest Ohio

Energy Efficiency Financing Program; and

WHEREAS, Mr. Toth had a vision for the former Jeep property and applied his

diverse skills and knowledge to create long-lasting partnerships to redevelop the site into

Overland Industrial Park, which is nearly full and has resulted in more than 1,100 jobs

being created; and

WHEREAS, Mr. Toth took a risk, along with the Port Authority’s partner Midwest

Terminals, in purchasing and redeveloping the former Chevron Gulf Oil property into

Ironville Terminal, where, in 2017, Cleveland-Cliffs Inc. decided to locate its Hot

Briquetted Iron Production Plant, creating more than 100 new jobs in the community; and

WHEREAS, Mr. Toth is a well-respected leader in Northwest Ohio, creating

partnerships, both private and public, to work together for the betterment of this

community, creating new opportunities and jobs for our region;

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-

Lucas County Port Authority:

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September 26, 2019


Agenda Item IV (B)

That Paul L. Toth, Jr. provided the Toledo-Lucas County Port Authority with

exceptional leadership and admirable expertise during his tenure with this organization;

he will truly be missed.

That the Board of Directors gratefully acknowledges the leadership and dedicated

service Mr. Toth provided during the past 31 years as he passionately advanced the

Toledo-Lucas County Port Authority and the community as a whole.


Yeas: _________________________________

Nays: Thomas J. Winston, Secretary

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Agenda Item IV (D)

September 26, 2019

Consider Renaming Toledo Express Airport

The Port Authority manages and operates Toledo Express Airport pursuant to a

lease agreement with the City of Toledo, which owns the facility. Wade Kapszukiewicz,

mayor of the City of Toledo, has proposed the name of the Airport be changed from

Toledo Express Airport to Eugene F. Kranz Toledo Express Airport to honor the

achievements and career of Eugene F. Kranz. At the mayor’s recommendation, Toledo

City Council subsequently passed Ordinance 434-19 to rename the Airport.

Mr. Kranz was born in Toledo on August 17, 1933, and graduated from Central

Catholic High School. Mr. Kranz served in a variety of roles during his 34-year career with

the National Aeronautics and Space Administration (NASA). Most notably, Mr. Kranz

served as the flight director for the Apollo 11 Mission and the Apollo 13 Mission: he retired

from NASA in 1994.

Approval from the Board of Directors is necessary for submission of the name

change to the Federal Aviation Administration for consideration.

The Chairman of the Board recommends adoption of the following resolution

authorizing the President to take the necessary steps necessary to change the name of

Toledo Express Airport to Eugene F. Kranz Toledo Express Airport.

https://www.bing.com/search?q=wade+kapszukiewicz&filters=ufn%3a%22wade+kapszukiewicz%22+sid%3a%226f6da5d0-4fd2-3f0f-8b01-f6f6cf29ef9a%22&FORM=SNAPST

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Agenda Item IV (D)

September 26, 2019


AUTHORIZING NAME CHANGE FOR TOLEDO EXPRESS AIRPORT

WHEREAS, Wade Kapszukiewicz, Mayor of the City of Toledo, has proposed the name

of Toledo Express Airport be changed from Toledo Express Airport to Eugene F. Kranz Toledo Express Airport to honor the achievements and career of Eugene F. Kranz;


County Port Authority: That the President as Secretary & Fiscal Officer be and hereby is authorized to take such

steps as are necessary to seek approval from the Federal Aviation Administration to rename Toledo Express Airport “Eugene F. Kranz Toledo Express Airport.”

That the President as Secretary & Fiscal Officer be and hereby is authorized to execute

any instruments necessary or appropriate in order to implement the terms of this resolution, provided such instruments are in a form approved by the Vice President of Administration & General Counsel.


Yeas: _________________________________


https://www.bing.com/search?q=wade+kapszukiewicz&filters=ufn%3a%22wade+kapszukiewicz%22+sid%3a%226f6da5d0-4fd2-3f0f-8b01-f6f6cf29ef9a%22&FORM=SNAPST

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Agenda Item VI (A)

September 26, 2019

Meeting Minutes of the Board of Directors

Thursday, July 25, 2019

The Pledge of Allegiance was recited after which Director Culp joined the meeting.

ROLL CALL

The fourth meeting in 2019 of the Toledo-Lucas County Port Authority Board of Directors was called to order at 8:05 a.m. on Thursday, July 25, 2019, at One Maritime Plaza, 2nd Floor Classrooms A and B, Government Center, Toledo, Ohio.

The following members were present: Chairman John S. Szuch, Vice Chairwoman Sharon Speyer, Directors William (Bill) J. Carroll, Bernard (“Pete”) H. Culp, David Fleetwood, Andrea R. Price, Rich Rankin, Nadeem S. Salem, James M. Tuschman, and Baldemar Velasquez.

Absent were Directors Kim Cutcher and Robin Whitney.

PUBLIC COMMENT PERIOD

Chairman Szuch invited comments from the public. Hearing none, he proceeded with the order of business. REPORT AND COMMUNICATIONS FROM THE CHAIR: JOHN S. SZUCH

Chairman Szuch reported the transition from Paul Toth to Thomas Winston is going very smoothly. September 1, 2019 is the transition date.

Mr. Toth introduced Wendy Gramza, President and CEO, and Jeff Schaff, Talent Attraction Manager, of the Toledo Regional Chamber of Commerce who reported their workforce development efforts and the Chamber’s Small Business Development Corporation.

Chairman Szuch reported that invitations for Update to the Community event have been sent, complimenting Ms. Kemler’s hard work. Ms. Kemler reported the event will be held Wednesday, September 18, 2019 at Malawi Event Center at The Toledo Zoo from11:30am to 1:30 p.m. and at which 250 to 300 people are anticipated. The keynote speaker will be Michael Coleman, former Columbus mayor.

Chairman Szuch then presented two resolutions in honor of Andrea R. Price and Bernard “Pete” H. Culp as both are retiring from the Board of Directors following the adjournment of the meeting. Both received a plaque in recognition of their service h.

Chairman Szuch then announced that the City of Toledo has appointed two new members to the Board of Directors: Amy Hall, President of Ebony Construction; and David Mann, President & CEO of the Lucas County Land Bank.

Finally, Chairman Szuch presented the Consent Agenda and asked if there were any comments or questions. Hearing none, he proceeded with the order of business. REPORT OF THE PRESIDENT & CEO

Mr. Toth reported on the recent Air Show and acknowledged the hard work of the staff and thanked the Board members who attended.

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Agenda Item VI (A)

September 26, 2019

Mr. Toth reported on the One Government Center power outage and recognized Brian Perz and Shala Logan and the rest of the Facilities team for all of their hard work, giving up their weekends and working long hours.

Mr. Toth informed the Board of the approval received from Toledo City Council for the Residential Energy Efficiency Program Legislation. The Port Authority will partner with Renovate America to kick off the Residential Energy Efficiency program which will be finalized in the third and fourth quarters of 2019.

Mr. Toth further reported $23 Million for port infrastructure has been secured from the State of Ohio through its capital budget, with $11 Million available this year and $12 Million in 2020; Toledo and Cleveland will receive a majority of the funding.

Related to the budget, Mr. Toth reported the Port Authority is ahead by $2.3 Million for the first half.

Mr. Toth informed the Board of the recent flights that were diverted to Toledo Express Airport due to inclement weather. The Airport was able to accommodate them and allow for refueling. The three flights were international and therefore could not allow their passengers to disembark. The Airport staff once again stepped up to handle the situation.

Finally, Mr. Toth reported that the on-street parking recommendation has been approved by City Council and the Port Authority will continue moving forward with this project. Chairman Szuch commented on recent release of Cleveland Cliff’s 2nd quarter financial results. Mr. Toth updated the Board that the tour of the facility has been postponed due to the number of employees on sight and the safety issues surrounding a tour.

CONSENT AGENDA

The following Consent Agenda was presented for consideration, copies having been distributed in advance to all directors.

A motion to accept the Consent Agenda was made by Director Fleetwood, seconded by Director Culp, and unanimously carried,

CONSENT AGENDA RESOLUTION NO.

A. Consider Approval of Previous Meeting Minutes: May 23, 2019

Motion

B. Consider Approval of Final Expenditures through June 30, 2019

Motion

C. Consider Contract for Toledo Express Airport Rehabilitation of Taxiway B – Phase 3 (Miller Bros. Construction, Inc.)

40-19

D. Financing Program Dashboard

E. BetterBuildings Northwest Ohio Dashboard

F. Northwest Ohio Bond Fund Trustee Report

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Agenda Item VI (A)

September 26, 2019

G. Toledo Express Statistics

H. Seaport Statistics

RECOMMENDATIONS AND REPORTS FROM STANDING COMMITTEES FINANCE & DEVELOPMENT COMMITTEE

CONSIDER TRANSFER OF PROPERTY RELATED TO INTERCHANGE PROJECT (DANA INCOPORATED)

Director Salem, Chairman of the Finance & Development Committee, recalled that the Port Authority, the City of Maumee, and the Board of Lucas County Commissioners are parties to a Joint Cooperation Agreement, dated March 18, 1998, regarding the acquisition of multiple parcels along Interstate 475 and U.S. Route 23 from Salisbury Road to U.S. 20A, which parcels are necessary for a braided interchange along the corridor (the “Interchange”). Director Tuschman further recalled that, in March 2019, the Board of Directors authorized an agreement among Dana Incorporated, Maumee, the County and the Port Authority, which granted Dana a Right of First Refusal related to portions of two parcels in the event that they were, in whole or in part, later identified as residual property, i.e., approximately 1.7216 acres of Parcel 39-00741 and approximately 4.63 acres of Parcel 39-00742 (the “Option Property”), to purchase the Option Property at an amount to be determined at the time of sale.

The Ohio Department of Transportation has since determined that the Option

Property is not needed for the Interchange and can therefore be conveyed to Dana.

The Finance & Development Committee recommended adoption of a resolution authorizing the President to execute documents necessary and appropriate to effectuate the transfer of the Option Property to Dana.

After discussion, on motion by Director Fleetwood, seconded by Director Speyer, and unanimously carried,

RESOLUTION NO. 41-19

AUTHORIZING TRANSFER OF PROPERTY RELATED TO

INTERCHANGE PROJECT (DANA INCOPORATED)

was adopted. The resolution in its full text is incorporated in the Resolution Journal of the Port Authority. CONSIDER ISSUANCE OF REVENUE BONDS TO FINANCE COSTS OF ACQUIRING, CONSTRUCTING, IMPROVING, EQUIPPING, AND FURNISHING OF PUBLIC INFRASTRUCTURE IN SUPPORT OF BEULAH PARK DEVELOPMENT PROJECT IN GROVER CITY, OHIO ($4,000,000)

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Agenda Item VI (A)

September 26, 2019

Director Salem reported that the Columbus-Franklin County Finance Authority has requested the Port Authority issue up to $4,000,000 in tax-exempt development revenue bonds through the Northwest Ohio Bond Fund for the benefit of the City of Grove City, Ohio, for the to assist in financing the acquisition and construction of public infrastructure improvements, which will benefit private development to be undertaken by Townsend Construction Company and consisting of a planned, walkable community of approximately 385 for-rent apartment units, 110 ranch condos, 70 townhome condos and more (the “Project”).

The Finance & Development Committee recommended adoption of a resolution authorizing the issuance of the bonds in the principal amount of up to $4,000,000 to be used to finance the Project.

After discussion, on motion of Director Fleetwood, seconded by Director Culp, and carried,


AUTHORIZING ISSUANCE OF REVENUE BONDS TO FINANCE

COSTS OF ACQUIRING, CONSTRUCTING, IMPROVING,

EQUIPPING, AND FURNISHING OF PUBLIC INFRASTRUCTURE IN

SUPPORT OF BEULAH PARK DEVELOPMENT PROJECT IN

GROVER CITY, OHIO ($4,000,000)

was adopted. Director Speyer abstained from discussion and the vote. The resolution in its full text is incorporated in the Resolution Journal of the Port Authority. CONSIDER PROPERTY LEASE AND ISSUANCE OF BONDS FOR AXIOM PROJECT AT OVERLAND INDUSTRIAL PARK

Director Salem reported that the Port Authority submitted a land lease and financing proposal to Axiom Group, Inc. for the development of a 100,000 SF plastic injection molder and manufacturing facility at Overland Industrial Park for which a total project investment of approximately USD25 million is anticipated, and up to 250 new jobs to support this operation in Toledo.

The Finance & Development Committee recommended adoption of a resolution authorizing the lease of property to Axiom Group, Inc. at Overland Industrial Park, and issuance of up to USD7.4 Million in taxable revenue bonds for the project through the Northwest Ohio Bond Fund. After discussion, on motion of Director Fleetwood, seconded by Director Tuschman, and unanimously carried,


AUTHORIZING PROPERTY LEASE AND ISSUANCE OF BONDS FOR

AXIOM PROJECT AT OVERLAND INDUSTRIAL PARK

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Agenda Item VI (A)

September 26, 2019

was adopted. The resolution in its full text is incorporated in the Resolution Journal of the Port Authority. CONSIDER COOPERATIVE AGREEMENT WITH BLANCHARD VALLEY PORT AUTHORITY Director Salem reported that a cooperative agreement with Blanchard Valley Port Authority (BVPA) has been proposed that would provide for restriction of the issuance of conduit bonds by the Port Authority for projects within the jurisdiction of the BVPA unless authorized by BVPA and provide for revenue sharing and other terms of support for economic development assistance.

The Finance & Development Committee recommended adoption of a resolution authorizing the President to enter a Cooperative Agreement with the Blanchard Valley Port Authority in substantially the form now on file with General Counsel. After discussion, on motion of Director Fleetwood, seconded by Director Culp, and unanimously carried,


AUTHORIZING COOPERATIVE AGREEMENT WITH BLANCHARD

VALLEY PORT AUTHORITY

was adopted. The resolution in its full text is incorporated in the Resolution Journal of the Port Authority. PLANNNG & OPERATIONS COMMITTEE CONSIDER CONTRACT FOR FACIITY NO. 3 CELL 1 IMPROVEMENTS 2019 (MARK HAYNES CONTRUCTION, INC.)

Director Carroll, Chairman of the Planning & Operations Committee, recalled that the Board of Directors previously authorized the President to accept grant funding from the State of Ohio Department of Natural Resources (ODNR) to create additional capacity at Facility No. 3 for placement of dredged material as an alternative to open lake placement, including improvements to the dike and weir structures and the construction of cells and other features to better manage dredged material placed into the Facility.

The Planning & Operations Committee recommended adoption of a resolution authorizing the President to enter into a contract with Mark Haynes Construction, Inc. an amount not to exceed $2,430,720.10, for the project, including its base and alternate bid, the cost of which will be [aid from the proceeds of the ODNR grant

After discussion and motion by Director Carroll and seconded by Director Tuschman, and unanimously carried,


AUTHORIZING CONTRACT FOR FACILITY NO. 3 CELL 1

IMPROVEMENTS 2019 (MARK HAYNES CONSTRUCTION, INC.)

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Agenda Item VI (A)

September 26, 2019

was adopted. The resolution in its full text is incorporated in the Resolution Journal of the Port Authority. GOVERNMENT, COMMUNITY & HUMAN RELATIONS COMMITTEE Director Tuschman, Chairman of the Government, Community & Human Relations Committee reported on a recent tour that took place at Toledo Express Airport and many other sites, which was attended by many legislative representatives. CONSIDER COMMUNITY ECONOMIC DEVELOPMENT INITIATIVE EXTENSION OF SECONDARY CAPITAL LOAN FOR TOLEDO URBAN FEDERAL CREDIT UNION

Director Tuschman reported that Toledo Urban Federal Credit Union has requested an extension of the maturity date of its Secondary Capital Loan to June 30, 2026, as has grown so quickly its capital requirements have increased

The Government, Human Resources & Community Relations Committee recommended adoption of a following resolution authorizing an extension of the original term of the Secondary Capital Loan for the Credit Union. After discussion, upon motion of Director Carroll, seconded by Director Culp, and carried,


AUTHORIZING COMMUNITY ECONOMIC DEVELOPMENT

INITIATIVE EXTENSION OF SECONDARY CAPITAL LOAN FOR

TOLEDO URBAN FEDERAL CREDIT UNION

was adopted. Directors Speyer and Szuch abstained from discussion and the vote. The resolution in its full text is incorporated in the Resolution Journal of the Port Authority. Director Tuschman then presented the Diversified Contractors Accelerator Program report, noting that nearly $7 Million has been added to the local economy. OTHER BUSINESS

Director Velasquez informed the Board of the lead poisoning crisis in the inner city. After discussion, it was suggested that the topic be brought up at another board meeting to consider how the Port Authority might get involved. Director Fleetwood left the meeting.

ADJOURNMENT

There being no further business, the meeting adjourned at 9:30 a.m.

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September 26, 2019


Agenda Item VI (B)

Consider Approval of Final Expenditures through

August 31, 2019

The Operating Statements through August 2019 show $2,956,100 excess

operating revenue over operating expense. This is ahead of budget by $1,351,400 with

expenses falling under budget and revenue coming in ahead of budget.

Airport Division revenues of $3,523,000 were $313,300 ahead of budget due

primarily to parking lot revenue, building rent, and ground rent. Airport expenses of

$3,473,100 were under budget by $104,100 with contractual services being the primary

reason. Seaport Division revenues of $1,433,300 were ahead of budget by $71,500 with

rental and interest revenue coming in ahead of budget. Seaport expenses of $451,100

were under budget by $136,200, with most expense categories coming in under budget.

Facilities & Development revenues of $5,494,900 were $404,600 ahead of budget with

all revenue categories coming in ahead of budget. Facilities & Development expenses of

$3,571,000 were under budget by $321,800 with most expense categories falling under

budget. The 2019 Operating Budget estimates a fund balance of $1,597,384 by the end

of the year.

The Finance & Development Committee recommends approval of the

Expenditures through August 2019.

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September 26, 2019


Agenda Item VI (B)

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September 26, 2019


Agenda Item VI (B)

Toledo-Lucas County Port Authority Operating Statements

August 2019

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September 26, 2019


Agenda Item VI (B)

Airport Operating Statement

August 2019

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September 26, 2019


Agenda Item VI (B)

Seaport Operating Statement

August 2019

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September 26, 2019


Agenda Item VI (B)

Facilities & Development Operating Statement

August 2019

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September 26, 2019


Agenda Item VI (B)

Administration Operating Statement

August 2019

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September 26, 2019


Agenda Item VI (B)

One Government Center Operating Statement

August 2019

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September 26, 2019


Agenda Item VI (B)

Unappropriated Reserves

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September 26, 2019


Agenda Item VI (B)

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September 26, 2019


Agenda Item VI (B)

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Agenda Item VI (C)

September 26, 2019

Consider Cooperative Agreement with

Wood County Port Authority

The Wood County Port Authority (WCPA) has actively supported economic

development projects in Wood County since its jurisdictional expansion in 2010. In an

effort to strengthen the relationship with the WCPA, and to leverage the loan and financing

programs that the Toledo-Lucas County Port Authority (TLCPA) has developed for the

region over the past 30+ years, a cooperative agreement has been proposed that would

provide for restriction of issuance of conduit bonds by TLCPA for projects within the

jurisdiction of WCPA unless authorized by WCPA and provides for revenue sharing and

other terms of support for economic development assistance. The TLCPA would have

the ability to continue to offer bond fund financing for projects, including its BetterBuildings

Northwest Ohio program, as well as access to the State of Ohio 166 and U.S. Small

Business Association 504 loan programs within the jurisdiction of the WCPA.

The Finance & Development Committee recommends adoption of the following

resolution authorizing the President to execute a Cooperative Agreement with the Wood

County Port Authority.

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Agenda Item VI (C)

September 26, 2019


AUTHORIZING COOPERATIVE AGREEMENT WITH WOOD COUNTY PORT

AUTHORITY

WHEREAS, the Wood County Port Authority (the “WCPA”) has actively supported

economic development projects in Wood County since its jurisdictional expansion in 2010; and WHEREAS, in an effort to strengthen the relationship with the WCPA and to leverage the

loan and financing programs that the Toledo-Lucas County Port Authority (the “TLCPA”) has developed for the region over the past thirty plus (30+) years, a cooperative agreement has been proposed that would provide for restriction of issuance of conduit bonds by the TLCPA for projects within the jurisdiction of WCPA unless authorized by the WCPA and provide for revenue sharing and other terms of support for economic development assistance;


County Port Authority: That the President as Secretary and Fiscal Officer be and hereby is authorized to execute

an agreement with the Wood County Port Authority to provide for the restriction of the issuance of conduit bonds by the Toledo-Lucas County Port Authority for projects within the jurisdiction of WCPA unless authorized by the WCPA and to provide for revenue sharing and other terms of support for economic development assistance in substantially the form now on file with the Vice President of Administration & General Counsel.

That the President as Secretary and Fiscal Officer be and hereby is authorized to execute

any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Controller. Approved: _________________________________ John S. Szuch, Chairman

Yeas: _________________________________


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Agenda Item VI (D)

September 26, 2019

Consider Other Transaction Agreement with Transportation

Security Administration for Cost Reimbursement at

Toledo Express Airport

The Transportation Security Administration (TSA) enters into Other Transaction

Agreements (OTAs) to establish terms and conditions for the reimbursement of fixed

electrical and janitorial costs at TSA security checkpoint and baggage screening areas at

airports across the United States. A new OTA agreement has been negotiated for Toledo

Express Airport with an initial term beginning October 1, 2019, extending through August

31, 2020. There are four additional optional terms of one year each that may be exercised

by TSA extending the agreement through August 31, 2024. There is no rent charged

under the OTS; however, TSA would reimburse the costs of electrical consumption and

janitorial costs and has obligated $9,898.13 for the initial 11 months of the OTA based on

documented Port Authority cost estimates. TSA would award additional funding to the

Port Authority for the option years as the options are exercised in the amount of

$10,797.96 per year, unless the Port Authority proposes an amendment with required

documentation to justify any changes to the rate during the option years.


resolution authorizing the President to enter into the OTA agreement with TSA under the

terms noted above.

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Agenda Item VI (D)

September 26, 2019


AUTHORIZING OTHER TRANSACTION AGREEMENT

WITH TRANSPORTATION SECURITY ADMINISTRATION FOR COST

REIMBURSEMENT AT TOLEDO EXPRESS AIRPORT

WHEREAS, the Transportation Security Administration (“TSA”) enters into Other Transaction Agreements (“OTAs”) to establish terms and conditions for the reimbursement of fixed electrical and janitorial costs at TSA security checkpoint and baggage screening areas at airports across the United States; and WHEREAS, a new OTA agreement has been negotiated for Toledo Express Airport; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority: That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with the Transportation Security Administration for the establishment of terms and conditions for the reimbursement of fixed electrical and janitorial costs at TSA security checkpoint and baggage screening areas at Toledo Express Airport, in substantially the form now on file with the Vice President of Administration and General Counsel. That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Business Development.


Yeas: _________________________________


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Agenda Item VI (E)

September 26, 2019

Consider Lease Amendment and Other Agreements with

Criminal Justice Coordinating Council and City of Toledo

at One Government Center

The Port Authority, as assignee, and the City of Toledo are parties to a Lease

Agreement, dated July 1, 2016, by which the City leases office space at One Government

Center for various City departments for an initial term through December 31, 2028, with

two, five-year optional terms. The price per square foot escalates from $8.95 to $9.88

during the initial term period. The City currently subleases a portion of its leased premises

to the Criminal Justice Coordinating Council (CJCC) on the 3rd and 17th floors for over

$11 per square foot.

Because the City provides the bulk of funding for CJCC, the City and CJCC have

agreed that it is in the best interest of CJCC to have a direct lease with the Port Authority

and to amend Port Authority’s lease with the City of Toledo by reducing the square

footage correspondingly. The new lease with CJCC would have a term and base rate

structure identical to the term and rate in the existing agreement between the Port

Authority and the City.

Because CJCC is currently constrained in its existing footprint, it has agreed with

the City to take on additional space to build out an area currently used for the storage of

files. CJCC would lease 500 s.f. on the 3rd floor and increase its footprint on the 17th floor

from 13,360 s.f. to 16,920 s.f. for an aggregate of 17,420 s.f.

CJCC would also like certain improvements be made within its current footprint.

CJCC has agreed to pay the Port Authority for the expenses associated with the

improvements plus reimbursement of the Port Authority’s capital and administration costs

over the initial lease term.

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Agenda Item VI (E)

September 26, 2019

The cost of the improvements would be allocated from the previously appropriated One

Government Center Capital Improvement Fund.

The Finance & Development Committee recommends authorizing the following

resolution authorizing the President to enter into all agreements necessary for this

transaction, including amending the lease with the City of Toledo and entering into a lease

with Criminal Justice Coordinating Council as described above.

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Agenda Item VI (E)

September 26, 2019


AUTHORIZING LEASE AMENDMENT AND OTHER AGREEMENTS

WITH CRIMINAL JUSTICE COORDINATING COUNCIL AND CITY

OF TOLEDO AT ONE GOVERNMENT CENTER

WHEREAS, the Port Authority, as assignee, and the City of Toledo (the “City”) are parties to a certain Lease Agreement, dated July 1, 2016, by which the City leases office space at One Government Center for various City departments for an initial term through December 31, 2028, with two, five-year optional terms; and

WHEREAS, the City currently subleases a portion of its leased premises to the Criminal Justice Coordinating Council (“CJCC”) on the 3rd and 17th floors for over $11 per square foot; and

WHEREAS, because the City provides the bulk of funding for the CJCC, the City and

CJCC have agreed that it is in the best interest of CJCC to have a direct lease with the Port Authority and to amend Port Authority’s lease with the City of Toledo by reducing the square footage correspondingly;



an amendment to that certain lease agreement between the Port Authority and the City of Toledo, dated July 1, 2016, to reduce the leased premises by the space at One Government Center , by 17,420 s.f., which agreement shall include such terms and conditions as the President deems necessary or appropriate.


an agreement with Criminal Justice Coordinating Council for the lease of space at One Government Center, which agreement shall have a term and base rate structure identical to the term and rate in the existing agreement between the Port Authority and the City, for 500 s.f. on the 3rd floor and 16,920 s.f. on the 17th floor for a total of 17,420 s.f., and which shall include such terms and conditions as the President deems necessary or appropriate.


any other instruments necessary or appropriate, including amendment in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Business Development.

That the cost of improvements desired by CJCC shall be paid from the previously

appropriated One Government Center Capital Improvement Fund, which amounts shall include Port Authority’s capital and administration costs and shall be reimbursed by CJCC over the initial lease term.

33


Agenda Item VI (E)

September 26, 2019


Yeas: _________________________________


34


Agenda Item VI (F)

September 26, 2019

Consider Asbestos Abatement at 761 Berdan Avenue,

Toledo, OH (Total Environmental Services, LLC)

The vacant four-story, slab-on-grade, 111,412-square foot building located at 761

Berdan Avenue was constructed in 1917. Remediation of regulated asbestos containing

materials within the structure is necessary to allow for future planned building demolition.

The Asbestos Abatement project base and alternate bids include removal of regulated

asbestos containing materials (RACM), Category 1 non-friable asbestos containing

material (ACM), and Category II non-friable ACM. Funding for this project would be paid

from Port Authority reserves and reimbursed by the City of Toledo, the U.S.

Environmental Protection Agency Brownfield Cleanup Revolving Grant, and the Tax

Increment Financing District

The Port Authority received five (5) bids for the Asbestos Abatement project, the

lowest of which is over the $100,000 threshold established by Resolution No. 3-13 and

therefore requires Board approval:

BIDDER & LOCATION BASE BID AMT. ALT. 1

Total Environmental Services, LLC $177,667.75 $6,000.00 Toledo, OH

Midwest Environmental, Inc. $215,632.50 $0.00 Perrysburg, OH Precision Environmental Co $309,088.00 $38,250.00 Independence, OH Global Green Service Group $324,980.00 $45,000.00 Dearborn Heights, MI Environmental Demolition Group, LLC $397,040.00 $27,960.00 Erlanger, KY

35


Agenda Item VI (F)

September 26, 2019

The lowest responsive and responsible bid received for the Asbestos Abatement

project is recommended to be Total Environmental Services, LLC with a total base bid

and Alternate 1 in the aggregate amount of $183,668, which is under the engineer’s

aggregate bid in the amount of $433,000. Total Environmental Services, LLC would self-

perform all work.

The Planning & Operations Committee recommends approval of the following

resolution 1) authorizing the President to enter into a contract with Total Environmental

Services, LLC in an amount not to exceed $183,668 and authorizing payment as

described above, including up to an additional 10% contingency; 2) accepting funding

from the City of Toledo and the U.S. Environmental Protection Agency Brownfield

Cleanup Revolving Loan Fund Grant in the aggregate amount of $100,000. This project

would be paid from Port Authority Reserves and reimbursed by the both the City of Toledo

USEPA Brownfield Cleanup Revolving Loan Fund Grant and the Overland TIF Fund.

36


Agenda Item VI (F)

September 26, 2019


AUTHORIZING ASBESTOS ABATEMENT AT 761 BERDAN AVENUE, TOLEDO,

OH (TOTAL ENVIRONMENTAL SERVICES, LLC)

WHEREAS, the vacant four-story, slab-on-grade, 111,412-square foot building located at 761 Berdan Avenue, Toledo, OH, was constructed in 1917; and

WHEREAS, remediation of regulated asbestos containing materials within the structure (the “Asbestos Abatement Project”) is necessary to allow for future planned building demolition; and

WHEREAS, Total Environmental Services, LLC submitted an aggregate bid, including Alternate 1, in the amount of $183,667.75 for the removal of regulated asbestos containing materials, Category 1 non-friable asbestos containing material (“ACM”), and Category II non-friable ACM;

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:

That the bid submitted by Total Environmental Services, LLC be and hereby is determined to be the lowest responsive and responsible bid received for the removal of regulated asbestos containing materials, Category 1 non-friable asbestos containing material, and Category II non-friable ACM.

That the President as Secretary and Fiscal Officer be and hereby is authorized to execute a contract with Total Environmental Services, LLC for the Asbestos Abatement Project, in an amount not to exceed $183,668, which agreement shall include such terms and conditions as the President deems necessary or appropriate.

That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments and change orders, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Director of Facilities & Development Services.

That there be and hereby is appropriated from the Port Authority Reserve Fund the sum of $202,034.52which amount includes a ten percent (10%) contingency, to pay the costs of Asbestos Abatement Project.

That the President be and hereby is authorized to apply for and accept funding for the Asbestos Abatement Project from the City of Toledo and the U.S. Environmental Protection Agency Brownfield Cleanup Revolving Loan Fund Grant in the aggregate amount of $100,000.

That the costs of the Asbestos Abatement Project shall be reimbursed by the City of Toledo, the U.S. Environmental Protection Agency Brownfield Cleanup Revolving Grant, and the Overland Tax Increment Financing Fund.

37


Agenda Item VI (F)

September 26, 2019


Yeas: _________________________________


38


Agenda Item VI (G)

September 26, 2019

Consider Roof Replacement and Interior Repairs

to Concourse Roof at Dr. Martin Luther King, Jr. Plaza

The Dr. Martin Luther King, Jr. Plaza concourse roof is located over the large

gathering space in the Grand Lobby on the 3rd floor of the facility. The roof is in disrepair

and needs replacement as well as the interior of the space which has minor damage from

leaks. The cost of these repairs is estimated to be $75,000 and would be paid from Port

Authority Reserves. The Port Authority’s standard quote process for projects under

$150,000 would be used for the selection of project contractors.

The Planning & Operations Committee recommends adoption of the following

resolution appropriating $75,000 from Port Authority Reserves for the purpose of roof and

interior repairs at Dr. Martin Luther King, Jr. Plaza as described above.

39


Agenda Item VI (G)

September 26, 2019


AUTHORIZING ROOF REPLACEMENT AND INTERIOR REPAIRS

TO CONCOURSE ROOF AT DR. MARTIN LUTHER KING, JR. PLAZA

WHEREAS, the Dr. Martin Luther King, Jr. Plaza concourse roof located over the large

gathering space in the Grand Lobby on the 3rd floor of the facility is in disrepair and needs replacement, and the interior of the space has minor damage from leaks;


County Port Authority: That there be and hereby is appropriated from the Port Authority Reserve Fund the sum

of $75,000 to pay the costs of roof and interior repairs at Dr. Martin Luther King, Jr. Plaza.

That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any instruments necessary or appropriate in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Director of Facilities Development Services.


Yeas: _________________________________


40


September 26, 2019

Agenda Item VI (H)

Consider Supplemental Agreements with RS&H Ohio, Inc.

for Construction Administration, Resident Project

Representative Services and Additional Design Services

at Toledo Executive Airport

In March 2018, the Board of Directors authorized a contract for design services

with RS&H Ohio for design services necessary for the extension of the taxilane only for a

new hangar at Toledo Executive Airport. Additional design work is needed for the access

road and utilities that will serve the new hangar and any additional hangars that may be

constructed in that area. The total cost for this additional design would be $15,000 and

would be paid from Airport Reserves.

In addition, to ensure that the Construct Taxilane Project at Toledo Executive

Airport is constructed in accordance with the design specifications, it is necessary to

engage an engineering firm for construction administration and resident project

representative services.

RS&H Ohio, the Airport’s general consultant, has submitted a proposal for

construction administration and resident project representative services at of $57,700.

It is anticipated that 90% of the project costs will be paid by a Federal Aviation

Administration grant with the remaining ten percent (10%) local share of $5,700 to be paid

from Airport Reserves.


resolution for: 1) authorizing a supplemental agreement with RS&H Ohio, Inc. for

additional design services in the amount of $15,000 to be paid from Airport Reserves; 2)

authorizing a supplemental agreement with RS&H Ohio, Inc. for construction

administration and resident project representative services in an amount of $57,700,

41


September 26, 2019

Agenda Item VI (H)

contingent upon receipt of an FAA grant therefor, and appropriating $5,700 from Airport

Reserves for the local share.

42


September 26, 2019

Agenda Item VI (H)


AUTHORIZING SUPPLEMENTAL AGREEMENTS WITH RS&H OHIO, INC.

FOR CONSTRUCTION ADMINISTRATION, RESIDENT PROJECT

REPRESENTATIVE SERVICES AND ADDITIONAL DESIGN SERVICES

AT TOLEDO EXECUTIVE AIRPORT

WHEREAS, pursuant to Resolution No. 23-18, the Board of Directors authorized a contract for design services with RS&H Ohio for design services necessary for the extension of the taxilane only for a new hangar at Toledo Executive Airport (“Construct Taxilane Project”); and

WHEREAS, additional design work is needed for the access road and utilities that will

serve the new hangar and any additional hangars that may be constructed in that area; and WHEREAS, RS&H Ohio, the Airport’s general consultant, has submitted a proposal for

the additional design work at a cost of $15,000; and WHEREAS, additionally, to ensure that the Construct Taxilane Project at Toledo Executive

Airport is constructed in accordance with the design specifications, it is necessary to engage an engineering firm for construction administration and resident project representative services; and

WHEREAS, RS&H Ohio has submitted a proposal for construction administration and

resident project representative services at a cost of $57,700 and WHEREAS, it is anticipated that ninety percent (90%) of the costs related to the

construction administration and resident project representative services will be paid by a grant from the Federal Aviation Administration;



a supplemental agreement with RS&H Ohio in the amount of $15,000 for the additional design work needed for the access road and utilities that will serve a new hangar and any additional hangars that may be constructed at Toledo Executive Airport, which agreement shall include such terms and conditions as the President deems necessary or appropriate.

That there be and hereby is appropriated from the Airport Reserve Fund the sum of

$15,000 to pay the costs of the additional design work. That, additionally, the President as Secretary and Fiscal Officer be and hereby is

authorized to execute a supplemental agreement with RS&H Ohio in the amount of $57,700, for construction administration and resident project representative services for the Construct Taxilane Project, contingent upon receipt of a grant to pay ninety present (90%) of the costs from the Federal Aviation Administration, which agreement shall include such terms and conditions as the President deems necessary or appropriate.

That there be and hereby is appropriated from the Airport Reserve Fund the sum of $5,700

to pay the local share costs of the construction administration and resident project representative services for the Construct Taxilane Project.

43


September 26, 2019

Agenda Item VI (H)

That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Director of Facilities Development Services.


Yeas: _________________________________


44


Agenda Item VI (I)

September 26, 2019

Consider Agreement with RS&H Ohio, Inc.

for Construction Administration, Resident Project

Representative Services at Toledo Express Airport

In July 2019, the Board of Directors authorized a contract for design and bidding

services with RS&H Ohio for the pavement rehabilitation of Taxiway B at Toledo Express

Airport, between Runway 16-34 and Taxiway B6, construction of new taxiway shoulders,

drainage improvements, lighting and signage improvements, and updated pavement

markings per Federal Aviation Administration requirements.

In addition, to ensure that the Rehabilitation of the Taxiway B Project is constructed

in accordance with the design specifications, it is necessary to engage an engineering

firm for construction administration and resident project representative services.

RS&H Ohio, the Airport’s general consultant, has submitted a proposal for

construction administration and resident project representative services at a cost of

$147,351.

It is anticipated that 90% of the project costs will be paid by an FAA grant with the

remaining ten percent (10%) local share of $14,735, to be paid from Airport Reserves.


resolution authorizing an agreement with RS&H Ohio, Inc. for construction administration

and resident project representative services in an amount of $147,351, contingent upon

receipt of an FAA grant therefor, and appropriating $14,735 from Airport Reserves for the

local share.

45


Agenda Item VI (I)

September 26, 2019


AUTHORIZING AGREEMENT WITH RS&H OHIO, INC.

FOR CONSTRUCTION ADMINISTRATION, RESIDENT PROJECT

REPRESENTATIVE SERVICES

AT TOLEDO EXPRESS AIRPORT

WHEREAS, pursuant to Resolution 33-19, the Board of Directors authorized a contract for design and bidding services with RS&H Ohio for the pavement rehabilitation of Taxiway B at Toledo Express Airport, between Runway 16-34 and Taxiway B6, including construction of new taxiway shoulders, drainage improvements, lighting and signage improvements, and updated pavement markings per Federal Aviation Administration requirements (the “Rehabilitation of the Taxiway B Project”); and

WHEREAS, to ensure that the Rehabilitation of the Taxiway B Project is constructed in

accordance with the design specifications, it is necessary to engage an engineering firm for construction administration and resident project representative services for Rehabilitation of the Taxiway B Project; and

WHEREAS, RS&H Ohio, the Airport’s general consultant, has submitted a proposal for

construction administration and resident project representative services for the Rehabilitation of the Taxiway B Project at a cost of $147,351;



an agreement with RS&H Ohio in the amount of $147,351, for construction administration and resident project representative services for the Rehabilitation of the Taxiway B Project, contingent upon receipt of a grant from the Federal Aviation Administration to pay ninety present (90%) of the costs, which agreement shall include such terms and conditions as the President deems necessary or appropriate.

That there be and hereby is appropriated from the Airport Reserve Fund the sum of

$14,735 to pay the ten percent (10%) local share costs of the construction administration and resident project representative services for the Rehabilitation of the Taxiway B Project.


any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Director of Facilities Development Services.

46


Agenda Item VI (I)

September 26, 2019


Yeas: _________________________________


47


Agenda Item VI (J)

September 26, 2019

Consider Credit Card Policy

Recent legislation now requires political subdivisions to enact policies that regulate

the use of credit cards that are either assigned to named employees or under the physical

control of a designated fiscal officer and provided to users on an as-needed basis. The

Credit Card Policy has been drafted consistent with the requirements set forth in the Ohio

Revised Code and details the Port Authority’s procedures regarding credit card use, plus

now requires the policy’s fiscal officer to submit an annual report to the Board regarding

all credit card rewards received by the Port Authority.

The Government, Community & Human Relations Committee recommends

adoption of the following resolution authorizing the Credit Card Policy in substantially the

form as attached.

48

September 26, 2019


Agenda Item VI (J)a

Exhibit A

CREDIT CARD POLICY

Adopted by Res. No. ___-19

1. Definitions

a. Authorized User means an employee who has received authorization to use a credit

card account held by the Port Authority

b. Board means the Port Authority Board of Directors

c. Compliance Officer means the Port Authority Accounting & Compliance Manager

d. Fiscal Officer means the Port Authority Controller. The Fiscal Officer may not also

serve as the Compliance Officer.

e. Port Authority means the Toledo-Lucas County Port Authority

2. This Policy applies to all bank issued credit card accounts, store issued credit card accounts,

financial institution-issued credit card accounts, financial deposit-issued credit card accounts,

or any other card or credit account allowing the holder to purchase goods or services on credit

or to transact with the account.

3. This Policy does not apply to procurement cards or to gas cards or other payment cards that

are capable of use only for the purchase of certain limited types of goods at selected

businesses.

4. The Port Authority will not obtain or maintain any debit cards.

5. Credit cards will be established in the name of the Port Authority and, as applicable, the

specific name of the employee, with a maximum credit limit for each set by the Fiscal Officer.

6. The Fiscal Officer will work with the appropriate financial institutions that issue credit cards to

determine the best type of credit card accounts for the Port Authority, and also to determine

which store credit card accounts, if any, the Port Authority will utilize.

a. The Fiscal Officer is responsible for working with the issuing financial institution to

determine the dates when credit cards expire and the re-issuance of replacement

cards.

b. The Fiscal Officer is responsible for determining, when necessary, the need to cancel

a credit card account and any adjustment to credit limits on the credit cards.

49

September 26, 2019


Agenda Item VI (J)a

c. The Fiscal Officer is responsible for notifying the issuing financial institution of a lost

or stolen card.

7. The Fiscal Officer must authorize, in writing, an employee to use a credit card account from

time to time. The list of people authorized (the “Authorized User List”) will be documented in

the form attached to this Policy as Exhibit A. The Authorized User List should be updated by

the Fiscal Officer each time a person is added or removed from such list. A credit card may

not be used by anyone not on the Authorized User List. The right of any Authorized User may

be revoked at any time by the Board or the Fiscal Officer. Any Authorized User whose rights

are revoked, who resigns or is terminated, or is otherwise directed, must immediately return

the credit card to the Fiscal Officer.

8. All individuals on the Authorized User List must agree to and sign the Acknowledgement of

Toledo-Lucas County Port Authority Credit Card Policy, a form of which is attached as Exhibit

B.

9. Port Authority credit cards shall only be used in connection with a valid and proper Port

Authority business purpose, including travel and purchase of materials and supplies for the

Port Authority.

10. All credit card expenditures must be approved by the employee’s supervisor and will be

reviewed by the Accounting Department to confirm proper public purpose and adequate detail.

For each purchase made using a credit card, an itemized receipt indicating the amount paid,

the vendor, and the goods/services purchased must be submitted to the Fiscal Officer in a

timely manner. Use of a credit card in violation of this Policy and/or the Business Travel &

Expense Policy constitutes a misuse of the credit card, which may subject the employee to

disciplinary action, up to and including termination of employment.

11. For any credit card which does not contain the name of an Authorized User, such credit card

will be kept in the office of the Compliance Officer and may be signed out to an Authorized

User from time to time as necessary. The credit card, as well as all receipts documenting

purchases made by such Authorized User, should be promptly returned to the office of the

Compliance Officer once the purchases for which it was used have been made and employees

will be required to reimburse the Port Authority any amount for which the employee does not

provide such itemized receipts.

12. If a credit card is lost or stolen, or if any employee becomes aware of unauthorized or

fraudulent use of a credit card, the same must be reported immediately to the Fiscal Officer

and/or Compliance Officer.

13. On an annual basis, the Fiscal Officer (or his designee) will submit a report to the Board

regarding all credit card rewards received by the Port Authority.

50

September 26, 2019


Agenda Item VI (J)a

14. The Compliance Officer shall review all credit card accounts on a quarterly basis, including

the number of credit card accounts and issued/active cards, account expiration dates, and the

credit limit for each card. In the event the Compliance Officer is an Authorized User of a credit

card issued in the name of the Compliance Officer, the Fiscal Officer shall review the credit

card statements associated with the Compliance Officer’s credit card.

51

September 26, 2019


Agenda Item VI (J)a

AUTHORIZED USER LIST

Authorized User

Date

Approved

Authorized Credit

Card Account

Employee

Name on

Card?

(yes/no)

Date

Authorization

Terminated

Acknowledgement of Toledo-Lucas County Port Authority Credit Card and Policy

I, _________________________, acknowledge that I have received a Toledo-Lucas County Port

Authority (“Port Authority”) credit card to carry on my person and use for work-related purchases

on behalf of the Port Authority, and am hereby considered an “Authorized User”. I have also

received and read a copy of the Port Authority Credit Card Policy (the “Policy”) and agree to abide

by all of the terms contained in the Policy. Further, I will immediately report any lost or stolen

cards and return a credit card upon resignation, termination, or the request of the Port Authority

and/or its Board.

I understand the credit card may only be used for the purchase of goods and services on behalf

of the Port Authority, and that I will be held liable for any unauthorized purchases.

Name________________________________________________

Title_________________________________________________

Date________________________________________________

52

September 26, 2019


Agenda Item VI (K)

Consider Accepting Amounts and Rates as Determined by

Budget Commission and Authorizing Necessary Tax Levies

and Certifying to the County Auditor

Section 5705.34 of the Ohio Revised Code requires that each taxing authority,

including the Port Authority, annually authorize by resolution the necessary tax levies to

be collected for the following year.

In 2018, voters of Lucas County approved a 0.40 mill property tax levy for the

general purposes of the Port Authority. The levy runs five years, which will begin Jan. 1,

2020, and is estimated to provide the Port Authority with about $2.3 million annually.

In order to comply with State law, the Finance Committee recommends adoption

of the following resolution authorizing the County Auditor to collect the 0.40 mill tax in

2020 on behalf of the Port Authority.

53

September 26, 2019


Agenda Item VI (K)


ACCEPTING AMOUNTS AND RATES AS DETERMINED BY BUDGET

COMMISSION AND AUTHORIZING NECESSARY TAX LEVIES AND CERTIFYING

THEM TO COUNTY AUDITOR

WHEREAS, the Office of the Budget Commission of Lucas County, Ohio, has certified an estimate by the County Auditor of the rate of each tax necessary to be levied by this Board of what part thereof is without, and what part within, the ten-mil tax limitation;


That the amounts and rates as determined by the Budget Commission in its certification

be and the same are hereby accepted. BE IT FURTHER RESOLVED that there be and hereby is levied on the tax duplicate of

said Toledo-Lucas County Port Authority the rate of each tax necessary to be levied within and without the ten-mil limitation as follows:

Schedule A Amount Required from General Tax Fund

Outside 10 Rate Mil Levy Levied

General Fund (estimated) $2,355,000 0.40 mil

BE IT FURTHER RESOLVED that the Secretary of this Board be and hereby is directed to certify a copy of the resolution to the Lucas County Auditor.


Yeas: _________________________________


54


Agenda Item VI (L)

September 26, 2019

BetterBuildings Northwest Ohio Dashboard

55


Agenda Item VI (M)

September 26, 2019

Northwest Ohio Bond Fund Trustee Report

56


Agenda Item VI (N)

September 26, 2019

Toledo Express Airport Statistics

57


Agenda Item VI (O)

September 26, 2019

Seaport Statistics

58


Agenda Item VI (P)

September 26, 2019

Diversified Contractors Accelerator Program Report

59


Agenda Item VI (P)

September 26, 2019

60


Agenda Item VI (P)

September 26, 2019

61


Agenda Item VII (A) 1

September 26, 2019

Consider Acceptance of 2018 Audited Financial Statements

Gilmore Jasion Mahler, Ltd., a certified public accounting firm engaged by the

Auditor of the State of Ohio, has audited the Financial Statements of the Port Authority

for the year ending December 31, 2018. The audit received an unmodified, or clean,

opinion and uncovered no findings.

The Audited Financial Statements, Management Discussion and Analysis, and

related notes were prepared by Port Authority staff in accordance with Generally

Accepted Accounting Principles (GAAP) which include the effects of depreciation of Port

Authority facilities and equipment.

The monthly statements provided to the Board of Directors are prepared on a

modified cash basis for the Operating and Tax Levy Funds. Those statements reflect the

areas over which the Board and staff have direct control.

The 2018 Audited Financial Statements reflect a “Statement of Net Position,” with

total assets of $285.6 million, an increase of approximately $900 thousand from the

previous year, mainly due to an increase in loans receivable. Total Net Position of $213.1

million at the end of 2018 represents a decrease of $800 thousand from 2017 mainly due

to the implementation of Governmental Accounting Standards Board Statement No. 75,

Accounting and Reporting for Postemployment Benefits Other than Pensions.

The Finance & Development Committee has reviewed the Audited Financial

Statements with Gilmore Jasion Mahler, Ltd. and recommends their acceptance.

62



September 26, 2019


AUTHORIZING ACCEPTANCE OF 2018 AUDITED FINANCIAL STATEMENTS



That the audited financial statements for the fiscal year ending December 31, 2018, as audited by the accounting firm of Gilmore, Jasion & Mahler, Ltd., be and hereby are accepted Approved: _________________________________ John S. Szuch, Chairman

Yeas: _________________________________


63



September 26, 2019

Consider Appointment of Board of Directors of

ARG Services, Inc.

ARG Services, Inc. was formed in January 2016 to assist the Port Authority by

managing, operating, supervising, servicing, maintaining, and otherwise doing work

related to port authority facilities, including facilities that are owned, leased to or from,

used, operated, or managed by or for the benefit of the Toledo-Lucas County Port

Authority. The Code of Regulations that govern ARG requires the Port Authority Board

of Directors to appoint ARG’s Board of Directors, who serve until the next election of

directors.

In accordance with the expansion of services that ARG provides and the Port

Authority’s transition in leadership, it is appropriate to appoint two new board members.

Accordingly, it is recommended that the following individuals be re-appointed:

Thomas J. Winston Joseph W. Cappel Dawn M. Wenk

It is further recommended that the following individuals be appointed as board

members:

Kathleen A. Despoth

Brian J. Perz

Consistent with the Code of Regulations, Thomas J. Winston, President & CEO of

the Port Authority, would serve as Chairman of the Board for ARG.

64



September 26, 2019


resolution appointing the Board of Directors for ARG Services, Inc.

65



September 26, 2019


AUTHORIZING APPOINTMENT OF BOARD OF DIRECTORS OF ARG

SERVICES, INC.

WHERES, pursuant to Resolution No, 1-16, ARG Services, Inc. (“ARG”) was formed to assist the Port Authority by managing, operating, supervising, servicing, maintaining, and otherwise doing work related to port authority facilities, including facilities that are owned, leased to or from, used, operated, or managed by or for the benefit of the Toledo-Lucas County Port Authority; and

WHEREAS, the Code of Regulations that govern ARG requires the Port Authority Board

of Directors to appoint ARG’s Board of Directors, who serve until the next election of directors; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas


That the following persons be and hereby are re-appointed as members of the Board of

Directors of ARG Services to serve until the next election of directors or until their successors

are duly elected and qualified:

Thomas J. Winston Joseph W. Cappel Dawn M. Wenk

That the following persons be and hereby are appointed as members of the Board of



That the following persons be and hereby are re-appointed as members of the Board of



Kathleen A. Despoth Brian J. Perz

That Thomas J. Winston be and hereby is appointed Chairman of the Board of Directors

of ARG Services.


Yeas: _________________________________


66



September 26, 2019

Consider Acquisition and Lease of Experimental Aircraft

Association Hangar at Toledo Executive Airport

Experimental Aircraft Association, a non-profit local chapter of a national

organization comprised of aviation enthusiasts which promotes aviation and aviation

education, currently leases 0.185 acres of land at Toledo Executive Airport upon which it

has constructed a hangar; rent is approximately $130 per month. The existing lease

commenced March 1, 2005 and terminates December 31, 2035.

EAA filed for tax exempt status with the State of Ohio for its portion of the Airport

property tax beginning with the July 2009 bill and its initial application and appeal were

both denied. The Port Authority has been paying the overall Airport tax bill that included

this portion of land while the exemption was under consideration. The result of the

decision is that EAA owes the Port Authority approximately $40,041.77 through the 2018

tax year.

It has been negotiated that EAA would transfer ownership of its hangar to the Port

Authority via a quit claim deed for the price of $40,041.77 plus closing costs and would

terminate its existing long-term land lease. The hangar has a fair market value of

approximately $97,500. The Port Authority would in turn lease the land and the hangar

back to EAA under a short term one-year lease agreement for a rate of approximately

$500 per month. The Port Authority would apply for tax exemption, the granting of which

is allowable under State of Ohio statute under a short-term lease.

The payment from EAA to the Port Authority would include the cost of leasing the land

and hangar. EAA may enter into similar additional short-term replacement agreements

after the initial one-year agreement terminates should it desire to continue utilizing the

hangar.

67



September 26, 2019


resolution authorizing the President to enter into all hangar acquisition and lease

agreements as detailed above.

68



September 26, 2019


AUTHORIZING ACQUISITION AND LEASE OF EXPERIMENTAL AIRCRAFT

ASSOCIATION HANGAR AT TOLEDO EXECUTIVE AIRPORT

WHEREAS, pursuant to Resolution No. 4-05, Experimental Aircraft Association (“EAA”),

a non-profit local chapter of a national organization comprised of aviation enthusiasts which promotes aviation and aviation education, leases 0.185 acres of land (the “Leased Premises”) at Toledo Executive Airport (the “Airport) upon which it has constructed a hangar; and

WHEREAS, EAA filed for tax exempt status with the State of Ohio for its portion of the Airport property tax beginning with the July 2009 bill and its initial application and appeal were both denied; and

WHEREAS, the Port Authority has been paying the overall Airport tax bill that included the Leased Premises while the exemption was under consideration; and

WHEREAS, the result of the State decision is that EAA owes the Port Authority

approximately $40,041.77 through the 2018 tax year, the settlement of which has been negotiated;



That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with Environmental Aircraft Association for the conveyance of the hanger owned by EAA at a purchase price of $ 40,041.77 plus closing costs, which agreement shall include such terms and conditions as the President deems necessary or appropriate.


an agreement with EAA terminating that certain lease agreement between the Port Authority and EAA, dated February 24, 2005.

That the President as Secretary and Fiscal Officer be and hereby is authorized to execute a lease agreement with EAA under the following terms and conditions: PREMISES: 0.185 acres of land at Toledo Executive Airport (the “Airport),

including the hangar situated thereon TERM: One (1) year; the parties may mutually agree to enter into similar

additional short-term replacement agreements after the initial one-year agreement terminates should EAA desire to continue utilizing the hangar.

RENTAL: Five Hundred Dollars ($500.00) per month OTHER: Such other terms and conditions as the president may deem

necessary or appropriate

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September 26, 2019

That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Business Development.


Yeas: _________________________________


70

September 26, 2019


Agenda Item VII (A) 3a

Exhibit B

71



4

September 26, 2019

Consider Purchase and Sale of Blue Creek Fields

(Metroparks Toledo-Anthony Wayne Youth Foundation)

Metroparks Toledo has requested assistance with the transfer of a portion of Blue

Creek Metropark to the Anthony Wayne Youth Foundation. Metroparks desires to split

the sports fields from the remainder of the Park. A deed restriction would be placed on

the sports fields by Metroparks that would limit the future use of the fields to recreation or

conservation. The Village of Whitehouse, which currently leases the fields from

Metroparks and subleases fields to the Anthony Wayne Youth Foundation, would cancel

its lease and sublease prior to the land transfer.

Metroparks would agree to sell the fields to the Port Authority for $50,000 and, in

turn, the Port Authority would sell the fields to the Anthony Wayne Youth Foundation for

the same amount plus any closing costs.


resolution authorizing the President to enter into all land acquisition and conveyance

documents related to this transaction.

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4

September 26, 2019


AUTHORIZING PURCHASE AND SALE OF BLUE CREEK FIELDS

(METROPARKS TOLEDO-ANTHONY WAYNE YOUTH FOUNDATION)

WHEREAS, Metroparks Toledo (Metroparks”) has requested assistance with the transfer of a portion of Blue Creek (the “Park”) to the Anthony Wayne Youth Foundation in order to split the sports fields (the “Property”) from the remainder of the Park; and WHEREAS, it is proposed that the Village of Whitehouse, which currently leases the sports fields from Metroparks and subleases them to the Anthony Wayne Youth Foundation, cancel its lease and sublease prior to the conveyance of the land by the Metroparks to the Port Authority, which would, in turn, sell the fields to the Anthony Wayne Youth Foundation for the same price plus any closing costs; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority: That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with Metroparks Toledo for the purchase of land presently leased by Metroparks to the Village of Whitehouse and subleased to the Anthony Wayne Youth Foundation, at a purchase price of $50,000, which agreement shall include such terms and conditions as the President deems necessary or appropriate. That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with the Anthony Wayne Youth Foundation for the sale of the Property, at a sale price of $50,000 plus closing costs, which agreement shall include such terms and conditions as the President deems necessary or appropriate. That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Business Development. That there be and hereby is appropriated from the Port Authority Reserve Fund the sum of $55,000 to pay the costs of the purchase and sale of the Property. Approved: _________________________________ John S. Szuch, Chairman

Yeas: _________________________________


73



4

September 26, 2019

Consider Agreements with Dana Ltd.

The Port Authority and Dana Limited entered into a ten-year lease agreement with

two, five-year options which commenced June 1, 2017, for property located at Overland

Industrial Park. The lease gives Dana the option to terminate after the 7th year of the term

with a 12 month notice to the Port Authority.

Dana has requested that two additional parking lots be constructed to

accommodate additional employees at the facility. One lot is within Dana’s existing

leased premises and the second lot consists of approximately 0.687acres outside its

lease premises. It is proposed that Dana’s leasehold be supplemented to include rental

of the additional property at the rate of $6,000 per acre per year. Dana has agreed to

reimburse the Port Authority for the cost of design and construction plus capital and

construction administration costs for both lots over the remaining term of the initial lease

which may be accomplished with a lease amendment and/or by a lease agreement with

Dana. Should Dana exercise its option to terminate the lease after the 7th year, all

outstanding costs for the parking lot construction would be immediately reimbursed to the

Port Authority.


resolution authorizing the President to enter into all agreements necessary, including an

amendment to the existing lease, with Dana Limited to include the additional leased

premises and reimburse the Port Authority for costs associated with the construction of

the two parking lots as described above.

The Finance & Development Committee further recommends appropriating up to

$500,000 from Port Authority reserves to fund the construction of the lots

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September 26, 2019


AUTHORIZING LEASE AMENDMENT AND OTHER AGREEMENTS

WITH DANA LIMITED

WHEREAS, pursuant to Resolution No. 62-16, the Port Authority and Dana Limited

(“Dana”) entered into a ten-year lease agreement with two, five-year options which commenced

June 1, 2017, for property located at Overland Industrial Park, which lease gives Dana the option

to terminate after the 7th year of the term with a 12 month notice to the Port Authority (the “Lease”);

and

WHEREAS, Dana has requested that two additional parking lots be constructed to

accommodate additional employees at the facility, one within its existing leased premises and the

second consisting of approximately 0.687acres outside its lease premises; and

WHEREAS, it is proposed that Dana’s leasehold be supplemented to include rental of the

additional property at the rate of $6,000 per acre per year;




an agreement with Dana Limited to supplement its existing leasehold to include approximately

0.687 additional acres of land, consistent with the existing term of the Lease and at the rate of

$6,000 per acre per year and which agreement shall contain such other terms and conditions as

the President deems necessary or appropriate.


an agreement with Dana Limited to construct two (2) parking lots to accommodate additional

employees, for which Dana shall reimburse the Port Authority for costs associated with the design

and construction of the two parking lots, as well as capital and construction administration costs,

over the remaining initial term of the Lease, and which agreement shall include such other terms

and conditions as the President deems necessary or appropriate.


any other instruments necessary or appropriate, including amendments and change orders, in

order to implement the terms of this resolution, provided such instruments are in a form approved

by Counsel and approved in substance by the Vice President of Business Development.

That there be and hereby is appropriated from the Port Authority Reserve Fund the sum

of $500,000 to pay the costs of the construction of the parking lots.

75



4

September 26, 2019


Yeas: _________________________________


76

September 26, 2019


Agenda Item VII (A) 5a

a4

Exhibit C

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September 26, 2019



a4

Consider Open-End Mortgage of Leasehold Estate by

Midwest Terminals of Toledo, Inc.

Midwest Terminals of Toledo, Inc. is a sub-tenant on the north side of the Ironville

facility, commonly referred to as the “wet side”. Midwest is making improvements to the

Ironville dock and has negotiated a bank loan to assist with the cost of such

improvements. The bank is requesting that the Port Authority consent to a mortgage of

Midwest’s leasehold estate as security for the loan (the “Consent to Mortgage”), which

would allow the bank to gain access to the property and collect revenues from Midwest’s

operation on the site in the event of a default. The terms of a Consent to Mortgage are

currently being discussed with the bank and the final terms are therefore not known with

specificity. However, because it is necessary for Midwest to close its loan prior to the

next meeting of this Board, it is recommended that the President be authorized to execute

a Consent to Mortgage with terms and conditions that are acceptable to the President.

The Chairman of the Finance Committee recommends adoption of the following

resolution authorizing the President to execute the Consent to Mortgage with terms that

are acceptable to the President.

78

September 26, 2019



a4


AUTHORIZING OPEN-END MORTGAGE OF LEASEHOLD ESTATE

BY MIDWEST TERMINALS OF TOLEDO, INC.

WHEREAS, Midwest Terminals of Toledo, Inc. is a sub-tenant on the north side of the Ironville facility, commonly referred to as the “wet side”; and

WHEREAS, Midwest is making improvements to the Ironville dock and has negotiated a

bank loan to assist with the cost of such improvements; and WHEREAS, the bank is requesting that the Port Authority consent to a mortgage of

Midwest’s leasehold estate as security for the loan (the “Consent to Mortgage”), which would allow the bank to gain access to the property and collect revenues from Midwest’s operation on the site in the event of a default;


That the President as Secretary and Fiscal Officer be and hereby is authorized to consent

to a mortgage for the benefit of Midwest Terminals of Toledo, Inc., which Consent to Mortgage shall include such terms and conditions as the President deems necessary or appropriate.


any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Business Development. Approved: _________________________________ John S. Szuch, Chairman

Yeas: _________________________________


79


Agenda Item VII (C) 1

4

September 26, 2019

Consider Community Economic Development Initiative Grant

to Monroe Street Neighborhood Center

The Port Authority Board of Directors appropriated $350,000 of proceeds from the

property tax levy for the purpose of providing funds to economic development projects

undertaken by eligible, neighborhood-based organizations in Lucas County.

An application has been submitted by Monroe Street Neighborhood Center, a 501

(c)3 organization, for a grant up to $25,000 for pre-development costs to build nine 400

square foot tiny houses in a distressed area on Bluff Street, Toledo, Ohio. This will be the

first phase with a total of 20 houses to be completed in the first and second phases of the

project. These houses will benefit low income individuals and couples who do not have

access to housing. Those chosen through a deliberate process must agree to attend

monthly meetings and workshops geared to home care and maintenance and other

supportive services.

The Government, Human Resources & Community Relations Committee

recommends adoption of the following resolution authorizing a grant in the amount of

$25,000 for eligible pre-development costs to Monroe Street Neighborhood Center of

previously appropriated funds from the Property Tax Fund for eligible costs.

80


Agenda Item VII (C) 1

4

September 26, 2019


AUTHORIZING COMMUNITY ECONOMIC DEVELOPMENT INITIATIVE GRANT

TO MONROE STREET NEIGHBORHOOD CENTER

WHEREAS, pursuant to Resolution No. 71-18, the Board of Directors appropriated $350,000 of proceeds from the property tax levy for the purpose of providing funds to economic development projects undertaken by eligible, neighborhood-based organizations in Lucas County; and

WHEREAS, an application has been submitted by Monroe Street Neighborhood Center, a 501(c)3 organization, for a grant up to $25,000 for pre-development costs to build nine (9) four hundred (“400”) square foot houses in a distressed area on Bluff Street, Toledo, Ohio;



an agreement with Monroe Street Neighborhood Center for a grant of up to $25,000 for pre-development costs to build nine (9) four hundred (“400”) square foot houses in a distressed area on Bluff Street Toledo, Ohio, which grant agreement shall include such terms and conditions as the President deems necessary or appropriate.


any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Financing Programs Manager.

That the grant shall be paid from the Property Tax Fund as previously appropriated.


Yeas: _________________________________


81

September 26, 2019


Agenda Item VII (C) 1a

a4

Exhibit D

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September 26, 2019



a4

83

September 26, 2019



a4

september 26, 2019 · 5 september 26, 2019 meeting of the board of directors agenda item iv (b)...

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