Commissioners meet with CFA on bed tax

Nov. 15—JEFFERSON — The Ashtabula County Board of Commissioners met with the Convention Facilities Authority on Tuesday, a week after a controversial meeting between the commissioners and State Sen. Sandy O'Brien.

Last week, O'Brien met with the commissioners and Ashtabula County Sheriff William Niemi, and at the meeting it was suggested that the commissioners use bed tax proceeds that currently fund the CFA for the construction of a new county jail. At the meeting, O'Brien said she would be introducing legislation to make that an allowable use of those bed tax funds.

The meeting between the commissioners and the CFA was scheduled prior to last Tuesday's meeting.

At the start of the meeting, Commissioner Casey Kozlowski said the result of the previous meeting between the two entities was for the attorneys to meet and discuss what the CFA's bed tax funs can be used for.

Bryan O'Malley, an attorney for the CFA, said the attorneys were confident that the CFA could use its bed tax funds to construct convention facilities.

He said the CFA is looking to the future.

He said the first step the CFA would like to take is a feasibility study, and a request for proposals has been drafted.

Kozlowski said he has maintained that he wants to see the funds used more broadly, and if another facility were not to be built, the funds would continue to be used solely on the lodge.

CFA Board Chair Holly Mayernick said that's why the feasibility study is necessary.

Kozlowski said he would also like to see if the CFA could invest in economically disadvantaged communities.

Commissioner Kathryn Whittington said south county is a huge tourist draw, but there has not been significant investment in the area.

"There's opportunity that maybe this strategic plan could show," she said.

Investment could help grow the area and make it more like Geneva-on-the-Lake.

The CFA discussed having meetings in other parts of the county, and inviting local stakeholders to those meetings, O'Malley said.

"I know there's interest from Conneaut and Andover, and I assume from Ashtabula," he said.

SPIRE may also be interested in a partnership.

Mayernick said the private sector being involved in the process is critical.

Catherine Swartz, an attorney for the commissioners, said some additional research needs to be done to see if the CFA would be allowed to back more than one convention center.

"We have to be clear on what these funds can be used for," Kozlowski said.

He said he doesn't want to give hope to a community only to find out later that the funds cannot be used for that purpose.

O'Malley said he believes what the CFA proposed to do would fit within the Ohio Revised Code.

He said he does not believe the statutory definition of a convention center is difficult to meet.

"We're not going to be competing with Las Vegas, obviously, bringing people in by the tens of thousands," he said.

Swartz said she and O'Malley came to the conclusion that the funds can only be used for a meeting space.

There is not a lot of clarity around the law in this case, she said.

"We're just in a very unique situation," Swartz said.

Kozlowski said the language in the CFA statute is project-specific.

He said he would like to see a change in the ORC language that would allow for broader use of CFA funds to support tourism-related projects in the county.

"We all want the same thing, it's trying to determine how to get there," County Administrator Janet Discher said.

Commissioner J.P. Ducro asked how that could be addressed when there is contrary legislation being proposed.

"How does any of this even matter if something like this is out there?" he said.

Mayernick said the memorandum of understanding between the commissioners and the CFA should be done away with, because the county has received funds from the state to pay off the lodge debt.

Kozlowski suggested the situation be kept the same until a decision is made on the future of the CFA.

Mayernick asked, since the county is in the process of eliminating an agreement with the Ashtabula County Convention and Visitors Bureau for the CVB to give the county money for debt service, why they wouldn't do the same with the CFA's MOU.

"If you're not collecting theirs, why should you collect ours?" Mayernick said.

O'Malley suggested that the MOU either be rescinded or rewritten.

"I think it can alleviate more than one concern that we've discussed," he said.

Whittington said her current concern is the potential proposed legislation.

"Are you supporting it?" Mayernick asked.

"I don't even know what it says," Whittington said.

The language of O'Brien's proposed legislation was not available on Tuesday.

Mayernick said if O'Brien's proposed legislation is approved, the tourism industry will rise up [in opposition].

O'Malley said the CFA hopes the commissioners will join the CFA in opposing the proposed legislation, and there are a number of funding sources available for the construction of jails.

"The bed tax two percent, is part of a comprehensive, state-wide system of enabling and earmarking certain revenues for certain things," he said.

Mayernick said she recognizes the county is in a tough position.

She said the county does not need a repeat of the situation that took place two years ago when legislation was put forward to have the state purchase the lodge.

"Which is why we called you the moment they left," Whittington said.

Mayernick said she worked hard to keep everyone waiting for the system to work, but no one is happy about O'Brien's proposal.

A follow-up meeting was scheduled for Nov. 30 at 2:30 p.m.

In other business:

—Mike Fitchet, director of the Ashtabula County Emergency Management Agency, requested to purchase a new vehicle for the department.

The vehicle he is seeking to replace has 150,000 miles on it and is 10 years old, he said.

Fitchet said price for the new vehicle is about $22,000.

—The commissioners are recommending to the Ohio Department of Transportation that Sunset Transport operate the Ashtabula County Transportation System, effective Jan. 1, 2024.

Ducro said the quotes were significantly lower with Sunset Transportation, and its proposal said it would be willing to take on all current ACTS employees.

The proposed contract has a one-year duration, and includes four one-year renewals.

Kozlowski said MV Transportation currently operates ACTS.

The commissioners received proposals from Sunset Transportation, MV Transportation and Via Transportation.

—The county has received a legal document regarding the earmark the county received to help install sewers at the Interstate 90-Route 193 interchange in Kingsville Township.

Kozlowski said the commissioners would send the document out for legal review and get it signed as quickly as possible.