Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR COUNCIL in Council Chambers @ 7:00 p.m. October 10, 13 1. CALL TO ORDER: President of Council Maguire called the Regular Council meeting of Thursday, October 10, 2013 to order at 7:00 p.m. 2. PRAYER: Silent prayer. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – present. Also present were Mayor Kline, Dir. of Public Service Esler, Dir. of Finance Shanafelt, Dir. of Law Raber, Economic Developer Loughry and Clerk of Council Burton. 4. MINUTES: 9-26-13 Regular Council Meeting Minutes. Mrs. Ray moved for the adoption of the 9-26-13 Regular Council Meeting minutes. Seconded Mr. Rensel. Voice vote 7-0. The Regular Council Meeting minutes for the 9-26-13 Regular Meeting were adopted by a vote of 7-0. FINANCIAL REPORTS: None.  Fire/EMS Capital Fund Transfer in the amount of $40,000 to Council on 9-27-13.  Bond Retirement Transfer in the amount of $300,000 to Council on 9-27-13.  SMR Transfer in the amount of $150,000 to Council on 9-27-13.  Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 9-30-13 to Council on 10-1-13.  Tallmadge Recreation Center Profit and Loss Report for the period ending 9-30-13 to Council on 10-8-13.  Income Tax Comparisons for the period ending 9-30-13 to Council on 10-8-13.  September Financial Reports to Council on 10-8-13.  Revenue Comparisons for the period ending 9-30-13 to Council on 10-8-13.  Consolidated Investment Portfolio for the period ending 9-30-13 to Council on 10-8-13. Mrs. Ray moved to accept the Financial Reports submitted by Dir. of Finance Shanafelt. Seconded Mrs. Kilway. Voice vote 7-0. The Financial Reports submitted by Dir. of Finance Shanafelt were approved by a vote of 7-0. 5. PUBLIC HEARINGS: rd Ordinance 89-2013 At 3 Reading. PUBLIC SERVICE Authorizing the Mayor to enter into P.H. ON 10-10-13 @ 7:03 P.M. contract for trash and recycling col- lection and providing for immediate enactment. Pres. of Council: It is 7:05 p.m. and I call the public hearing for Ord. 89-2013 to order. Is there anyone who would like to speak in favor of Ord. 89-2013? No one responded. Is there anybody who would like to speak against Ord. 89-2013; please come forward. Ray Leber, 393 Melony Lane, Tallmadge. I understand that this open hearing is to only provide for the Mayor to go into a contract with the disposal services. My question is whatever the contract is that comes out of this; will the public be told about this or be able to read it and have a voice on that or an opinion of the residents as to what this contract is going to consist of? The reason I am saying that is that I was an R&R customer and Republic Waste did purchase the company and my garbage or rubbish collection over a two-month period went up 23%. That was very shocking to me. Now we are going to enter into a contract with the Republic Waste Systems and I just want to know what we are getting into. So, my question on the matter is; will we have a hearing on the contract once the Mayor . . . giving the Mayor permission to enter into a contract; before it is approved, will the public have a chance to see it and have some say on it? Can anybody answer that? Dir. of Pub. Service: No they won’t. We are actually accepting a contract that Barberton has already done with Republic and so we are piggy backing onto that. Mr. Leber: Yeah, I read . . . I read that contract. Dir. of Pub. Service: So, we will be accepting that. We will be making a few changes actually. Our contract will be better than theirs. 97% of the City or the residents in Tallmadge have Republic now and so it is only 3% who don’t. Actually it will be a cost savings for the people that do have regular trash pickup and recycling. They will have a total savings of $36.64 a year. Mr. Leber: A year. Divide that by quarters and that is not very much of a savings especially since I will be paying for two bags of garbage in my garbage can which is for two people; my wife and I. Then I understand in talking to a gentleman from Republic that they also have a bag purchase program that you can purchase bags and put them at the curb. I don’t like to leave garbage in a bag at the curb because it is susceptible for animals to get into and therefore I have to go out and clean up my apron and the front of my house. I really have some reservations about this contract and what is going to happen with the cost of it and the service provided. Dir. of Pub. Service: The bag customers are only $4.85 a month. Mr. Leber: I was paying $39 a month for unlimited service and I had two or three . . . in the summertime, two or three bags of grass clippings and I would have two bags of garbage in my garbage can and I was paying $39 and that was with the added fuel costs and so it is going to cost me more money to have the same amount of product or rubbish removed from my home. Mr. Sisak: Sir, were you correct in saying that it was $39 per month you were paying? Mr. Leber: No, per quarter.  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. October 10, 13 Mr. Sisak: OK. Per quarter. Mr. Leber: Per quarter. $13 a month I budgeted for my rubbish removal. That is $39 and my bills were never over $40 in a three month period and I have been with R&R for an awful long time. Mrs. Kilway: I have also been with R&R for 23 years now and we had unlimited service also with recycling and we were paying $54 a quarter. So, I don’t know if they just had different contracts for different people based on whether they liked you or not; I don’t know. Mr. Leber: I don’t know if they had it or not. They may have been giving me a senior discount too. I really don’t know that for sure. All I know is what I have invoices for and what I have paid for over the years. So, it is concerning to me and I think a lot of people are going to be shocked when they get their new bill or find out what they can get picked up for that new cost. Mrs. Kilway: I know we received our bill also from Republic and it went down for us. It was $48 and some odd cents for the quarter, but then once January comes; the rate will be less. Dir. of Pub. Service: That’s correct. Mrs. Kilway: Even less than that. Mr. Leber: What you are saying or what you are telling me is that there will be no consideration from the public as to what this contract consists of once it goes into the negotiation part of it and can it be looked at? Dir. of Pub. Service: No. We are accepting the contract from Barberton. Otherwise we have to go to bid for it because we have 97% of the households with Republic and we feel it would be better to stay with them and just affect the 3% as opposed to possibly affecting 97% of the population. Mr. Leber: Alright and are the 98% or 97% happy with the service they have right now? Dir. of Pub. Service: We don’t have any complaints about them. Mr. Leber: Are they paying the current rates that are being paid now? Dir. of Pub. Service: Yes. Mr. Leber: I am just talking from the standpoint of what I paid before for the same service that I am going to be having to have and I am going to have to pay more for it. Dir. of Pub. Service: And you are paying how much a quarter? Mr. Leber: I was paying $39 a quarter; I never had a $40 bill. Dir. of Pub. Service: The bag service was going to be less than $15 a quarter. Mr. Leber: What was that? Dir. of Pub. Service: A bag service is less than $15 a quarter and you can . . . Mr. Leber: The bags I understand from Terry here from Republic; if you purchase the bags by a quantity of ten and they will be something around $2 something I believe a piece and so in the wintertime if I were to get that service it would cost me $10 a week; $5. Let’s see; two bags would be $5 a week and that would be $20 a month. I would be up to $60 for a cycle. Dir. of Pub. Service: Our current bag service is for people that put out less than 30 gallons a week. Mr. Leber: I don’t know what the gallon is of my container. I purchased it. I don’t have any Republic or 94 gallon I don’t think. It is a Rubbermaid container. Mayor: Bob, are you still under the public hearing? Pres. of Council: Yes. Mrs. Ray: Did you want to make a comment first? Mayor: Well, I was going to see if they were going to offer back and forth or will we speak after the public hearing or you know . . . during the public hearing? Dir. of Law: If you want to ask if there is anybody else that wants to speak. Mr. Leber has had an opportunity . . . Pres. of Council: I don’t think he is done yet. Mr. Leber: I’m finished. I mean you answered my questions and that was whether or not the public is going to be able to see this contract before it gets initiated or consummated or whatever. Dir. of Law: The basic framework of the contract is the Kent contract. Mayor: Barberton. Dir. of Law: I’m sorry; Barberton which is available and then I believe there was some kind of piece put together that indicates what kind of changes are going to be made to it; is that not correct? Dir. of Pub. Service: Right. I have a . . . Dir. of Law: And that would also be available for you. Dir. of Pub. Service: Yes. We spoke with Republic and to be able to keep our 30 gallon bag service and some other items without additional costs and so we will be changing some items in the contract. For instance, Barberton lists all the places that their City dumpsters are and ours will be totally different and so there are just some minor changes that will be in there, but there will be no more cost. Mr. Leber: So the contract; it was established in the City of Barberton with Republic Services and would be similar to ours? Dir. of Pub. Service: That is the base of the contract. Mr. Leber: Alright. Dir. of Pub. Service: And then we will negotiate with Republic, which we have already spoken to them about the changes we need and they have agreed to give our residents the same service that they . . . Mr. Leber: Do the residents know about this? I know about it, but do the rest of the people in Tallmadge know about it. Dir. of Pub. Service: It has been publicized. Mr. Leber: How to look at the contract or how to where to find it . . . the Barberton contract? 2  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. October 10, 13 Dir. of Pub. Service: No. Mayor: Thank you for coming in and I know we are under a public hearing, but I will go ahead and give my little talk. Back in 2003 or 2004 when we started City-wide trash pickup, we entered into contracts at that point and we elected not to go with a single hauler in Tallmadge for the purpose of the R&R’s, the Huth’s and the different rubbish companies in town because they still had a piece of the pie. Now that that contract period is close to . . . our contract is up this year and so we have to do one of two things; go out to public bid to go City-wide again or stay with a piggy back . . . under State Law; it allows us to piggy back on someone else’s contract. In this case, since R&R was bought out by Republic, we have 97% of all residents who will be on the contract that they are currently on today. If we elected to go out to public bid, the price could go up or it could down slightly but our price, the worst case scenario is that we are saving money for 97% of the town. You were probably with R&R on a low volume contract because Mrs. Kilway is paying $50 and you are paying $39 and so even under the current contract; we have a low volume contract and we have an unlimited contract. You had a chance or option and you got switched into the high volume without you knowing about it, but after we talked to you a week ago after your e-mails came out, you could get switched over to the low volume which is a single bag and occasionally you might have two or three bags, but it is still considered low volume. Do we want to disrupt the entire City of Tallmadge to go to a new hauler if Republic was not the contract that would be awarded the contract based on bids then it is really a mess. The easiest route is for us to piggy back on this contract because 97% of all Tallmadge residents are on Republic. If R&R was not bought out by Republic; we would not be going the route that we are going today. We would still allow to go . . . we would still have to go out to public bid, but since R&R had customers in town and the other provider in town is Huth with a handful of customers in town that would be switched over to Republic. But the bottom line is that the easiest route to save the citizens money is to go the route that we are going and I think once it is said and done, you will save money if you go to the low volume contract and what we talked about earlier in the e-mails back and forth. I know that we have a representative from Republic here that can answer the questions or speak at the microphone on what your company provides; what you are going through and what you are doing with Barberton and the amount of potential savings to the City of Tallmadge. Mr. Leber: Thank you very much. Pres. of Council: Is there anybody else who would like to speak . . . you want to speak against? Dir. of Law: You are doing “in favor of” right now. Pres. of Council: No, we were doing “against.” Nobody spoke in favor. Dir. of Law: State your name and address please. Mary Bull, 243 Nutwood Drive, Tallmadge. I guess my concern is more of a service concern. I think I have the same plan Mrs. Kilway does and so it is not so much of a money thing, but I had R&R and I was very happy with them. They were some of the nicest people you would ever want to deal with and when the City first suggested that we should do one trash pickup because of the trucks and the minimizing of the trucks and everything, I bought into that and I went to Republic. I was just really unhappy with the service. The guy just constantly threw our stuff anywhere he wanted. I always had to get out and move it so I could pull in the driveway and I would call the company and they would say that they would take care of it and it would be OK for a couple of weeks and then I don’t know . . . whenever he decided he was in a bad mood, it would start all over again. One day I had to go out and wade through knee-deep snow to get my recycle bucket out of the middle of my yard; the middle of my yard! Then the last straw was that apparently we put out something that they thought was too heavy or too awkward or I don‘t know, and maybe it was, but instead of coming to me and saying that this is too heavy; we can’t pick it up or somebody else has to come get it, or we have to charge you extra . . . the guy stood at the end of my driveway facing my house and I don’t know if he even knew I was there or if I knew . . . and screamed and yelled and swore up and down. I said that was the last straw. I called the company immediately and I said that I am cancelling my contract. I said I don’t want that crazy person anywhere near my property again. Well, I realized after I started talking to people that I wasn’t the only person that was unhappy with these people. I have a girl friend who was the first person I knew that was an adamant recycler and when I told her that I had dropped R&R she said that she quit recycling. She said when they were the only recycling option we had, I got so tired of them throwing my stuff everywhere that I just quit. When we got our prorated refund; my husband took it to the bank and the girl at the bank said to him, “How did you get a check from them?” He said that we cancelled our contract; it was what they owed us. She said that she had been fighting with them for months to get money back from them. She said that they were her provider and she lives on a cul-de-sac and one day they called me up and they said that they weren’t coming down her street anymore. She asked what she was supposed to do with her trash and she said they told her to roll it to the corner and they would pick it up and she said . . . Mayor: What company? Ms. Bull: This was Republic. Now, I don’t know . . . it was somebody who worked at the bank. It wasn’t anybody I know. I don’t even know what street she lived on, but she said no, she wasn’t going to do that with her trash and she said that she called and cancelled and she said that she has been fighting with them for months to get money back from them. 3  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. October 10, 13 Ms. Bull (Cont’d.) So I guess my question is; if this is the service that you are going to force us to have; what responsibility are you going to take for the service that we get? Because I’m not dealing with them anymore. I’m not calling them anymore. It is totally ineffectual; they don’t care. They tell you they will take care of it and nothing changes and so I won’t call them anymore. I will call you. Dir. of Pub. Service: If they can’t provide the proper service; we can cancel the contract with five days written days notice. So, we have never had a problem with them. If there is an issue; they take care of it. I know in my neighborhood, I have never had anything thrown around and so it may be with a particular driver. But, let us know about it and we will let Terry know and it will be taken care of. Mayor: Did you ever call the City? Ms. Bull: I did not call the City. I only dealt with the company. I went back to R&R and it was fine. I was really disappointed when they decided they couldn’t stay in business any longer. Dir. of Pub. Service: They have been really very responsive to us for the residents that do have them now. Anytime there is an issue or a missed pickup; we call them and they take care of it and it hasn’t been an issue and so definitely call my office; the Service Director and if you have any issues, I will take care of it. Pres. of Council: Is there anybody else who would like to speak against the ordinance? No one responded. Is there anyone who would like to speak in favor of Ord. 89-2013? No one responded. Is there anybody who would like to speak against the ordinance? No one responded. Third time; does anybody want to speak in favor of Ord. 89-2013? No one responded. Is there anyone who would like to speak against Ord. 89-2013? No one responded. Hearing none, we will close the public hearing at 7:22 p.m. Mayor: Are you going to poll? Pres. of Council: That’s right. We are supposed to poll on this. Mr. Sisak? Mr. Sisak: I would like to call the Public Service Committee to order; myself and Mr. Rensel and Mrs. Ray are here. I’m sorry; Mrs. Kilway. Can we go ahead and poll on this to make a recommendation to Council? Mr. Rensel: Can we ask questions? Mayor: Yes absolutely. You are in committee now. Mr. Rensel: Yes. Perhaps Mr. Esler I should ask; the time when this was first done in 2003 or 2004; we put time constraints or tried to put time constraints on dropping your trash at the curb and then picking up your receptacles afterwards. Do we have any such constraints in this legislation? Dir. of Pub. Service: No, it wouldn’t be in this contract. It is in our Codified Ordinances, which is another ordinance that you have before you. Yes, those constraints are on there. Mr. Rensel: If I recall, it was 24 hours before and 24 hours after. Dir. of Pub. Service: That’s correct. Mr. Rensel: I am just going on memory; that is why Mr. Esler I am looking at you because you are probably more familiar with it recently. How is that going to be enforced or how can it be enforced? Does the resident have to call if somebody is perpetually or habitually perhaps; that’s a better word, leaving their containers up all week? Do they call the City or do they call Republic? Dir. of Pub. Service: Well, they can call the City. We are going to deal with the residents as far as removing their trash bins and not putting them out too early; not Republic. Mr. Rensel: OK. Thank you. Second question Mr. Sisak is; we have gas aggregation and we have electrical aggregation and we have an option for the residents to opt in or out. Do we have such a provision with the trash haulers? Dir. of Pub. Service: No, not with this current contract. It will be a single hauler and the purpose of that is to cut down on the amount of trucks that are on our highways, on our roads, and in our neighborhoods. Right now you may have three or four different vehicles in the same neighborhood and travelling the same roads every week. We also had issues with some of the other haulers because we do have designated times and days for different sections of the City and all of them were supposed to follow that, but they weren’t. Some were showing up days later. Mr. Rensel: Mr. Esler; it has been some time since I recall the ordinance that was before City Council back then and we did have multiple haulers. Do we really have that many haulers in the City now with residents? Dir. of Pub. Service: There are only two major haulers; there may be some that we don’t know about that are very small haulers. We only have the two that we know about. Mr. Rensel: Would the Administration consider as part of the ordinance, an opt-out because if we have 97% of the people on Republic if they like them they continue and that 3% variance is not going to change that cost structure. If they decide they want to opt-out and go with their own supplier then it is their choice and just like the aggregation; we are giving them the choice. We are not dictating a choice and for people like Mr. Leber who would like to do that that might be an option that he could have that he doesn’t have now based on what we are talking about. Dir. of Pub. Service: Again, presently no; we don’t have that option in there and it is to restrict the number of trucks that are on the roads. Mr. Rensel: Please recall that we are talking about 3% of the people of the households, which is you know is negligible at best and so by giving the residents the option out then if Republic can’t deliver the service, the residents that came up this evening; Mrs. Bull and Mr. Leber then could still choose another hauler and that may satisfy them and it may not, but at least it gives them a choice. Dir. of Pub. Service: I will tell you we have no way to police this issue. Mr. Rensel: We don’t? 4  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. October 10, 13 Dir. of Pub. Service: No. Mayor: Yes. Thank you. This is a sole hauler. We are one of the last few in Summit County that do offer multiple haulers in Tallmadge. I don’t know if we will be talking about that here shortly; the Solid Waste Authority brochure is in front of us here. When we did it back in . . . when we first started the program, as I stated before, there were several haulers that were available to the residents and now there are virtually two and so we elected, based on the better funding sources we can get through the Solid Waste Management, that it is really the best route to go for a single hauler to get one truck in and out of your town; we have total control over that. Mrs. Bull came up and said something that I have never heard and believe me people aren’t short of calling us for complaints or problems and so I was really surprised to hear that and I would ask Republic to get up and try to address that one issue. Maybe there was a problem with the hauler, but I have never had issues . . I have never heard a complaint about the pickup of trash. You know with this new contract, every resident in town will receive two receptacles both on wheels; one for recycling and one for trash. It is 96 gallons for trash and then a 60 gallon for the recyclables. You wheel them out to the curb. It is done automatically. They pick up the receptacle. If one of those small bins were thrown in the front yard . . . if it was thrown in or blown in the front yard because you know they do blow around, but those will no longer be in use. It is really I think . . that is what we are asking Council for their consideration for this contract. Mr. Sisak: I have a couple of comments. Oh, go ahead Mr. Rensel. Mr. Rensel: Certainly as the Mayor with some 7,000 households; you have some leverage to negotiate. I mean . . . Mayor: Correct. Mr. Rensel: By throwing a name out of the Solid Waste Authority doesn’t . . . I mean, this is still America and we have the right to give people their choice. I mean, it is beneficial certainly to go by volume. I think everyone . . . every adult understands that, but still giving them a choice as you do with aggregation. I can imagine filling this place up if we told everyone that they had to go with one supplier either for electricity or for gas because that is what the City chose. They would have us on the Circle. So, I am saying for the trash . . . I would like to see the Administration think about that before this is totally a done deal. Thank you. Mrs. Kilway: I just had a question real quickly; I have gotten really big in recycling and I already have a 65 gallon recycle bin that we overflow and so when this whole change comes along I am kind of excited to get a second 65 gallon recycle bin. Will Republic pick up both their bin and my private bin at the same time? Mr. Sisak: We can swear in the representative from Republic. Mayor: You don’t have to; you are under committee. Terry Thompson, Republic Services. I don’t know what to address first, but the lady with the issue with the bad service; I got to tell you that I never heard anything quite like that from our people. If our people have done anything like that that surprises me as well. But, we are talking about people who have things that happen to them in the course of a day and people get angry and if that happens and we know about it; we have a supervisor that is in town every day and if we hear about it; he will address it. He knows who the driver is and he knows when they stop by your house and so if anything like that ever happens, we will be responsive. I can’t tell you it would never happen; I can’t tell you that that has never happened in our company, but I can tell you that if it ever happens; we will address it. Dir. of Law: I’m sorry; we can’t have any back and forth between the audience and the . . . everything is being recorded and we need to have everybody speak in the microphone. Mr. Thompson: I think Council is pretty much up to speed on the basic program and so I don’t know that I need to speak on that, but if I need to speak; I would be more than happy to do it. The trash aggregation; that is a term that has been attached to the program and it really isn’t consistent with water aggregation, electric aggregation and things like that because those poles and those wires and all that is in place and electric is running through it and it just depends on who is brokering it and that is a whole different program than what we are doing. Ours is based on revenue costs and who is participating. You know, you are planning a party; who is coming. We need to spread that cost over whatever it is that we are dealing with. We have a pretty good idea I think for over the years. st Mr. Leber’s problem; he was paying $39 through R&R and our contracted rate starting January 1 will be just short of . . . I think it is $35.97 and you add the fuel surcharge at today’s rate and that fuel surcharge takes it to $41.37 and so we are actually talking about $2.37 a quarter difference. That is the difference between our unlimited and the unlimited you were paying and so I think . . . I hope that is manageable for you. But, we do have that minimal service as well. As far as the trash cans sitting out for 24 hours beforehand and 24 hours after that; that would have been a nightmare to manage because you don’t know whose they are and you don’t know who the hauler is; you don’t know who to call. Under this program you know who is responsible. You know what trucks have come off the road and run through some of these yards and you know who is throwing trash cans in ditches and you know who has dumped trash on the ground. So, this program really polices a lot of those loose ends that you really couldn’t police in the past and the City has control. So you now finally will have control over the program. The question about the recycling; recycling is unlimited and so if you have your can and you need a second recycling can; we will provide that as well. Mrs. Kilway: OK. 5  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. October 10, 13 Mayor: There was heavy thought of reversing the big can for the recycling and the small can for the trash, but I said not this time around. Let’s get everybody used to the recycling and then there was also talk about recycling bi-monthly, but we elected to go weekly just like we have in the past and so nothing is going to change for the 97% of the people that are on it as it is today it will be tomorrow after the contract except price reduction. I just have to say for the record that we absolutely had nothing to do . . . no inkling or nothing about R&R being bought out. The response to that is that it made our job easier to consider going with a contractor that has 97% of Tallmadge, but I just want to make sure and I hear that if R&R was still in town; we would not be talking about what we are talking about tonight. Mr. Sisak: Thank you. That was some of my comments to Mr. Leber. He stated that he had to purchase his container to wheel to the curb. This is being provided; correct? Mr. Thompson: Correct. Mr. Sisak: So it will be provided within the cost; one large container and one smaller recycling container both on wheels. In addition Mrs. Bull said that she had dealt with the company and sir you had said that it is going to police itself and I think the City will police it as well and so a call to the City now that the City is primarily in contract with the one supplier; the one hauler and we are going to be able to intervene where necessary and have that leverage to say, hey you know we keep going south; we have that five days to opt out and I hope it never comes to that, but again a phone call to the City Mrs. Bull and hopefully any problems or future issues would be addressed in an efficient manner. Lastly, I don’t know as far as the opt-in and opt-out Mr. Rensel that you were speaking to. That would already have to be in the Barberton’s language and is it currently in Barberton’s language? Dir. of Law: No, that’s correct. The issue is that in order to do this under the Ohio Revised Code section we have to adopt what Barberton had and then in the provisions that Barberton had, it allowed for modifications to the work issues, but not some of the other primary points of the contract, i.e., a single hauler. Mr. Sisak: Right. So there is no opt-in or opt-out currently in the Barberton contract? Dir. of Law: Correct. Mr. Sisak: OK. Thank you. I wanted to make that clear. Mr. Rensel: Mr. Sisak I realize that; I ‘m asking for their consideration. Mayor: We have considered that for the last five years. When this contract is up; what are we going to do? Throughout this whole timeframe if R&R was still a player which had a couple thousand residents in town then we would not have gone this route. They are not players in this and the other player in town does not follow the current rules and we chase them around town on days that they are not supposed to be in the zones and they don’t abide by the rules and now is the time to go to a single hauler. We made that determination and that is what we are presenting. If Council wants me to go differently; we will . . . I am not sure what other hauler is out that we could get to come into town. Mr. Sisak: Does anybody else from Council have any input at this time? Mrs. Ray: Thank you. I just have a couple of questions for you sir. As part of the handout that was provided to Council that outlines the program and we thank you for that; I have a couple of questions. The first is that there are public informational meetings that will be facilitated by Republic Waste Services to inform the residents; is there going to be anything additional in the form of a direct mailing piece or telephone calls or insert in current billing so that citizens that can’t make it to informational meetings will be apprized of the changes and the changes in their billing and pick up times? Can you elaborate on that for us? Mr. Thompson: I sure can. I spoke to Mr. Esler about that earlier. We are prepared to do public meetings and we are prepared to do mailings and we are prepared to do what needs to be done to facilitate it because the informational part of it and getting it inseminated and getting people to understand that here is our rule and here is your rule and here is what you have to do and if you don’t do it it is going to result in a lot of phone calls. So, it is really in everybody’s best interest to get the word out and get it out clear. That is our desire and with the benefit or the communication from the City leadership; yes, absolutely. Whatever we need to do you folks know this City better than anybody. We don’t have a canned approach to this. Everybody has got a different means of getting it out and we are more than willing to adapt what we do to what you do. Mrs. Ray: I would suggest the web site as well. Mayor: The web site and Face book. Dir. of Pub. Service: Tallmadge Express. Mrs. Ray: The second question I have; can you explain to me what is the “Watching Out for You Program?” Mr. Thompson: Sure. To understand what our guys . . . if you rode with our guys, any one of our guys in a day, he can tell you what kind of can is sitting at 123 Main Street and how many they typically put out. He will give you the habits of that home. He knows what is going on there and so he knows what is going on in that area. We know what is out of place. So, part of our safety program internally is to make these guys aware of cars that are out of place, people that are out of place, lights that are on, people that are elderly that may need help. If something is going on; be aware of it. We just try to raise their level of awareness. We don’t take anything on ourselves. If necessary, we will call dispatch and dispatch will call 911 and dispatch to the Police Department. We don’t confront anything; we are simply another set of eyes out there. 6  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. October 10, 13 Mrs. Ray: Then you are looking at collections transitioning from four days a week to three days a week with trash and recycling on the same day. You currently pick up throughout the City four times a week? Mr. Thompson: Four . . . we are in four different zones. Mrs. Ray: Four different zones; so do you think that transitioning to three days a week; is that going to be particularly disruptive? Mr. Thompson: Well, that will be up to you because again there is nothing that is going to change under this contract for five years without Council and the leadership’s approval. So, we will not arbitrarily do anything like that. The efficiency that we should gain in our rating because of automation we can see it go to three days; we could possibly see it go to two, but we would not do anything without the full understanding and approval of Council. If that is done, then we will have to have public meetings again and we will have to let people know . . . some people it wouldn’t affect and other people it would. Mrs. Ray: And then you provided an Attachment A, which is collections at municipal sites and you listed all of the sites at which there are currently dumpsters I would suppose . . . Dir. of Pub. Service: Mrs. Ray, this information is all from me. They didn’t supply it. This is information that I have gotten from them working with them. Mrs. Ray: Then the information that Mr. Esler put together for Council, but there is a list of sites here and there are different size dumpsters at the different sites; is that what is currently in place? That is not going to change? Dir. of Pub. Service: That’s correct. Mrs. Ray: OK, so the City isn’t adding dumpsters at municipal facilities? Dir. of Pub. Service: No. Mrs. Ray: Then finally, I guess the last question I have for you is that I assume that all of your trucks do seem to be rather high tech; are they equipped with GPS tracking and that type of technology as well? Mr. Thompson: And we are moving . . . another technology that we have used in Lima and they are still perfecting it and that are DVR’s on the side of the truck so as the truck goes down the street; they are taking a picture every three or four seconds so they are taking a picture of the house and so we see the house number and we see what is out in front of the house and there is a time stamp; date and time stamp. So if somebody calls and says that they drove right by them . . . it happens a lot plus if there are piles . . . if there is something sitting out there . . . it is really to benefit everybody, but the technologies you see . . . if you saw one of the trucks and we would be happy to bring one in some night if you would like to see one, but it is pretty impressive. When you think of a garbage truck you think ugh, but when you see one of these trucks it is pretty impressive. Mrs. Ray: I really don’t want to touch a trash truck, but thank you. I guess I do actually have another question since Mr. Leber brought it up. So, you are doing a 30 gallon container per week which is the low volume I would assume for a single family household or seniors; it is a bag and so there wouldn’t be the ability to put it into a can simply because of how you collect the trash or . . . again I know it is automated and so the 96 gallon dumpster; you are not . . . your guys are not touching that; it is being automatically picked up and dumped? Mr. Thompson: They can put it in a bag or put it in a can because I just happened to think . . . I think I misspoke when I talked to Mr. Leber because typically in some communities we don’t have the bag customers on a route sheet. We just . . . if we see the bag out, it has been paid for . . . we don’t sell them anywhere else . . . they are our blue bags and they have Republic Services on them and a logo. If that bag is out; we pick it up. In a contracted community like this though, if Mr. Leber chose that service; it would have his residence as a bag customer and if they see a can there; they are going to be expecting to open that can and find blue bags in it and if they don’t they aren’t picking it up. Mrs. Ray: OK. So there would be the option then to put the can . . . because again, I am with you sir, I do not like the idea of putting a bag in the street no matter what quality bag it is. So, OK thank you for clarifying that. I appreciate it. Mr. Sisak: Anyone else on Council or the Administration? Mr. Rensel: This prompted another question when we were talking about the wheeled containers. Our community is an older community and we have a number of senior residents. What was the company or provide me with an update . . . I have only been back three or four meetings here; what was the deal for the senior citizens that can’t get their trash to the curb? Dir. of Pub. Service: They actually do have a back door pickup for those situations. Mr. Rensel: And they will be identified or are identified? Dir. of Pub. Service: Most of them are already identified; they are already Republic customers, but yes, they will be identified. Mr. Rensel: Thank you. Thank you Mr. Sisak. Mayor: Yes, may I ask one more question of Mr. Thompson? I have a 96 gallon and I don’t fill it up half of the time, but when I am cleaning out my garage or my basement once a year or a couple times a year, I have extra stuff and the guy has always picked it up and he has been great and waves to me all the time. Will that same policy pretty much hold true that if I have more out there than what is standard; they will just pick up what is there? Mr. Thompson: Absolutely. It is unlimited service and so typically when people put out a stove, refrigerator or washer or dryer; somebody else comes by and gets it. We don’t get that stuff, which is fine. 7  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. October 10, 13 Mayor: Some cities put in an ordinance to prevent that from happening. We are not doing it. I like my scrappy guy! Mr. Thompson: But the drivers . . . it is an unlimited service or the bag service. Unlimited is unlimited weekly trash. It is not whatever you can bring from mom’s house after you have cleaned it out and chopped down the trees or whatever. It is unlimited weekly trash and we really don’t split hairs; we are not going to say that we will take this but we won’t take that. I think that anybody who has us; those people . . . I would allow that service to speak to that question because that would answer it a whole lot better than I would. Pres. of Council: So, are you going to let all of us take a ride on the truck! Mr. Thompson: I will be glad to bring it in. Mr. Sisak: So, at this time I guess I would like to poll the Public Service Committee; Mrs. Kilway and Mr. Rensel. Mrs. Kilway: I think we should approve this based on the fact that we are going down to one trash hauler then we know who to call when trash is like going down the street . . . I think it is a good idea. Mr. Rensel: Based on my limited information, I would rather say abstain, but I will say no at this time until I know more. Mr. Sisak: I will vote yes and so it is the recommendation 2-1 to adopt Ord. 89-2013 at this time. It is 7:48 p.m. and I call the Public Service Committee closed. Pres. of Council: Your committee has recommended by a vote of 2-1 to adopt Ord. 89-2013. Mr. Sisak: I would like to make a motion on that. Seconded Mrs. Kilway. Dir. of Law: Point of order, if you could just make the motion to . . . Mr. Sisak: Oh, I’m sorry; Ord. 89-2013 I make a motion to approve this. Seconded Mrs. Kilway. Roll Call: Mrs. Kilway . . . Dir. of Law: Point of order; if you could just ask for any further discussion. Pres. of Council: Is there any further discussion? Mr. Stalnaker: Mr. Rensel, what . . . yours is just for the opting out provision? Mr. Rensel: I would like to study it further sir. I have not . . . I was only exposed to this at the end of last month when I was told this was coming up and I don’t think I have enough information and I think we have time between now and the end of the year still and this could be adopted even in December and still be valid for January unless it is a 30 day . . . immediate enactment is it now Mr. Mayor? Dir. of Law: It is immediate enactment. Mr. Rensel: So, I just need further study Mr. Stalnaker. That is my personal issue. Pres. of Council: Is there any other discussion? No one responded. Roll Call: Mr. Maguire – yes, Mrs. Ray – yes, Mr. Rensel – no, Mr. Sisak – yes, Mr. Stalnaker – yes, Mr. Donovan – yes, Mrs. Kilway – yes. Ord. 89-2013 is adopted by a vote of 6-1. 6. COMMUNITY INPUT:  Yolanda Walker, from Summit Akron Solid Waste Management Authority, dba ReWorks, will be presenting the Draft Solid Waste Plan. Yolanda Walker, ReWorks, 575 Crestview Avenue, Akron. First of all, I would like to thank you this evening for allowing me to speak to you and the reason why I’m here is that every five years our agency is in charge of writing a plan for how solid waste and recycling will take place in Summit County. Before I do that though, I want to talk about some of the transitions that our organization has made over the last couple of years. We are known as the Summit Akron Solid Waste Management Authority formerly, but as you can see when we first were established we had a logo that had Akron Summit and it was black and white and it had Solid Waste Authority and then in order to be more in touch with the public and to have them easily identify with us, we transitioned to a logo that kind of Akronized our name from SASWMA, which was still difficult for people to say and it didn’t really give them a whole lot of idea of what we did. So, two years ago we embarked on a strategic plan to change our name in order to make us more relevant and easily understood as far as what our mission and what we are in the community to accomplish. So the reason why I’m here is to talk about our Solid Waste Plan Update and what happens is that every five years, we have to go to the communities and we give you a copy of that plan; it is 246 pages long and so I’m sure it will be enjoyable reading for when you want to go to sleep at night, but I want to tell you about some of the main components of the plan and you will receive a copy. The main components of it are some things that we are going to continue to do that we have been doing for the last eight years and that is to continue to provide financial support to our communities for their curbside recycling programs and over the years we have given out more than $3 million for that effort. The other part of what we plan to do in the next five years and what we actually started in 2010 was to continually expand commercial waste production recycling opportunities for businesses in Summit County. Over the last eight years we primarily concentrated on increasing residential recycling and we were under a mandate by the State to make sure that 90% of the residents in Summit County had access to recycling either in the form of curbside or drop-offs. Well, we accomplished that mission and in the last two years we decided to concentrate solely on making sure that there were commercial opportunities for businesses in Summit County. 8  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. October 10, 13 Mrs. Walker (Cont’d.) Next in this plan you will see that we are going to concentrate on a community-wide education campaign and you see a little sampling of that in our annual report that I have given each of you this evening and it is going to focus on a type of recycling that is going to be easier and easier to educate on and it is called single stream recycling. Prior to a couple of years ago, we used to separate our paper and our bottles and cans, but now all of it can go into a can. One thing that makes that so much easier to do are things like companies that have automated recycling; it is just so much easier. They have built and there are more building facilities that are far more sophisticated and separating these items out and it is just a win/win situation for residents in Summit County. So what have we done over the last several years? As I said, we distributed $3.7 million in the form of assistance for their recycling programs and I would like to add that when it comes to Tallmadge; I don’t know when your contract is going to begin, but through grants we were able to assist the City of Barberton with education for the residents and we can also offer that same sort of assistance to you depending on your cycle because that is what this grant is for. It is for educating your residents on curbside recycling and so please keep that in mind. In addition to that, we were charged about 10 years ago with assisting with the post closure care of Hardy Road Landfill and so we have also to that effort to take the burden off of citizens; we have given $5.4 million to that effort for a total of community funding of somewhere under $10 million. So, I am going to talk a little bit about what our commercial recycling program is like. There isn’t a community in Summit County that doesn’t have businesses that benefit from these free programs. We contract out every couple years for these services and we offer them free to businesses. That program has certain goals. We want to make sure we target . . . we don’t want to compete with the private sector; we just want to make sure that we offer services to businesses who otherwise can’t afford them and to help them with their sustainability plan. So the first program that I want to talk about that you are going to see in our plan is our Commercial Paper Recycling Program. That has been running since 2005 and we have been able to divert from landfills over 5,000 tons of paper and cardboard, saving 85,000 trees and a total cost over that period has been $292,000. Here is a sampling of the companies that participated in that program. What you see here . . . our whole mission is to make sure that we can serve through diverting waste and using those materials as a natural resources. We want to conserve natural resources and so you can see what that program has been able to accomplish just in one year when it comes to conserving landfill space, trees and electricity. In addition to that commercial paper recycling program, I’m sure you are most aware of our Documents Shredding Program that we offer to businesses and residents. It is secure document shredding and last year we had over 2,000 residents diverting 63 tons of material or paper and you can see the conservation that took place with that program. The next program that is available to our commercial sector is our Plastic Bottles and Can Recycling Program and you can see the statistics there. We started that late in 2010, and have spent close to $150,000 on that program and you can see our list of participants that are on that program. We try to make sure that we offer this program and it is available to as many businesses in Summit County as possible. You can see the statistics on what we have been able to divert as far as plastics. We have 72 participants and then you can see the savings and conservation that has happened over just last year with that program. Our next program is one that we are really proud of and one that is probably the most difficult program to manage plus changing behavior is something that we are really invested in. Our motto is “Lead, Teach, Act.” We have had a lot of people sign onto this program and it is our Food Scrap Recovery Program and what is done with those food scraps is that those scraps are taken to a composting facility where it is made into a wonderful, wonderful soil and you can see the list of participants on there. Bridgestone Firestone is one; we have a brewery; that is a lot of fun, Menchies and you can see some restaurants that are part of that and we have a grocery store that is on that program. We have composted just in the last year . . . that number looks low because food has a lot of water in it. You pick it up; it is heavy and you might have a barrel full of food when you start, but a day later, you know how it goes down because there is just a lot of water in it, but you can see the statistics on the kind of diversion and conservation that has happened with that program. So what do I want from you? What is in it for you and me both? As I have said, I am required to get approval from communities; every community in Summit County; you have to either approve or disapprove this plan. Right now the plan is listed on our web site and it is open to public inspection. That public inspection period ends October 31, 2013, and then our Board of Trustees will adopt the plan on November 11, 2013. Right after that, I will be delivering a copy to Tallmadge of the plan. Now, luckily it won’t be that big 246 page book, but you are going to receive it on a flash disk that is made of recyclable material and you can make as many copies of this as you like, but this is in our effort to make sure we still continue to conserve resources when it comes to disseminating information. 9  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. October 10, 13 Mrs. Walker (Cont’d.) So after you receive this disc . . . and it will also have sample legislation on it as well, but you have 90 days to either approve or disapprove and that would take us somewhere around mid-February with that. So, again that plan is available right now for review at our web site and please feel free to drive over there and see it. There is a lot of other information on that site as well and before you ask any questions, what I also had the privilege of getting together for you was a listing of some of the value that our organization has brought to locations and businesses in the Tallmadge area. Since 2005, we have given Tallmadge over $140,000. There have been 660 households that have participated in our document shredding event since 2006 and I know you are all familiar with our household hazardous waste recycling center that is located in Stow. That has been operating since 1996 and since then you can see the number of residents who have taken advantage of that program. We also offer a program to municipalities because we know, you know, we are trying to help and assist with cutting as many costs for our communities as possible. We offer our service departments the opportunity to recycle their tires free of charge. All they have to do is bring the truck up of tires that are found in your community or tires that come from your service vehicles; we take those in free. Then you can see that with our plastic bottles and cans there are five locations that are using that free service here in Tallmadge and there are seven locations using our free paper program and they have diverted 137 tons since 2004. There are three locations in Tallmadge that are part of our Food Scrap Program. So we are committed to bringing value to each community in the way of waste diversion and recycling. So if there are any . . . I don’t know your procedure, but for questions . . . Pres. of Council: Any questions? Mrs. Ray: First of all, I will commend yourself for the presentation; thank you for coming tonight and also I would like to commend Marcie Kress, who is your Outreach Coordinator. She has come to several events here in Tallmadge and she always does a wonderful job of explaining recycling. Who are the food scrap recyclers? I believe that Tallmadge School is. Mrs. Walker: Yes. Tallmadge Schools is one of them. Mrs. Ray: Then you mentioned that there would be grant dollars that would be available or perhaps would be available to educate the citizens of Tallmadge because I know there aren’t a lot of citizens who don’t currently recycle and then there are those who, like myself, don’t probably do as good a job as I should with recycling. Is that something that the City and Republic Waste and ReWorks could work out together to make maybe part of the informational meetings if we chose to go that route? Mayor: Part of what Council just adopted with the City-wide trash and City-wide recycling; our grant now will go up to $15,000 a year and we are applying for it and we do a lot of work with them for the public education of recycling. Mrs. Walker: We have actually had a really great campaign about three years ago . . . Mayor: With the green hands? Mrs. Walker: Yeah, where you got caught green-handed and Shelly Cadillac helped with that, but we would love to give you some assistance in informing your residents about that program depending on the timing because our 2013 cycle ends in December, but there is another one that starts next year. Mayor: Thank you for coming in and you will be giving us that flash drive? Mrs. Walker: It will be delivered in mid-November. Mayor: OK. Thank you. Mr. Rensel: Is ReWorks the sole agency in Summit County that is directed to coordinate the recycling of paper, plastics and metals and food scraps or are there other competitors? Mrs. Walker: We are actually an arm of the Ohio EPA and when we were created by the legislature it was to perform that functions for the State and so we are one of 52 districts in the entire State and so we are quoizi-governmental, but there are . . . there is “Keep Akron Beautiful” and some other beatification programs that do recycling and some of the private companies have educational programs like Republic and Waste Management have good educational programs, but we are the only agency that actually is in charge of monitoring how much goes on because we are required every year to ask every company in Summit County to respond to a survey that tells us how much waste they have generated and how much they have diverted so that the State can actually compile statistics on performance in Ohio. It allows us and the State to determine where resources should go to continue that kind of diversion. Mr. Rensel: Then you are working with, essentially with private enterprise within the sector to monitor the activities that are going on. Mrs. Walker: Yes, we make sure that we form partnerships with the private sector to deliver services and to assist with recycling and to get the statistics that we are supposed to turn into the State. Mr. Donovan: Where does your work funding come from? 10  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. October 10, 13 Mrs. Walker: Our funding comes from a fee called a generation fee. That fee is levied on every ton of trash that is taken to landfills or taken to a transfer station. Republic Waste pays that fee; you pay that fee. They pass that fee on. Everybody passes that fee on to their customers. So a portion of your trash bill contains a generation fee that funds our agency. Mr. Donovan: That is where everything comes from then; the grant money and everything? Mrs. Walker: Yes it does and we also apply for grants to deliver services too. We just received almost a $20,000 grant from the Carton Council to promote the recycling of these cartons that you see up here. We get State grants every now and then. We get grants on behalf of companies in Summit County to either acquire equipment to recycle or to develop equipment that helps in the recycling process as well. Pres. of Council: Are there any other questions? No one responded. Thank you for joining us and we appreciate what you give us. Mrs. Walker: You’re welcome. Pres. of Council: Is there anyone who would like to address Council on any other matter? No one responded. We will move to announcements. 6.A. ANNOUNCEMENTS: Mrs. Ray: I just have one announcement. Next Thursday evening, the League of Women Voters will be holding their annual Candidates Night and it is at the Les Bennett Center and it will begin at 7:00 p.m. and of course the high school students will be in attendance and of course the public is always welcome. th Mayor: The 17 ? th Mrs. Ray: The 17 at 7:00 p.m. at the Les Bennett Center. 7. REPORTS OF SPECIAL COMMITTEES: None. 8. AGENDA ADDITIONS: None. 9. REPORTS OF ADMINISTRATIVE OFFICERS: MAYOR, DIR. OF PUBLIC SERVICE, DIRECTOR OF FINANCE, AND DIRECTOR OF LAW. th Mayor: I will be very brief. Don’t forget that on the 26 of this month is the electronic recycling behind the Rec Center in the back parking lot of the high school. All electronic parts, televisions and everything you have can be dropped off that day as part of the recycling program that we run. st Halloween this year is actually on the 31 . It is not the fourth Thursday as we have st always done. It is the fifth Thursday this month and so Halloween is on the 31 . Dir. of Pub. Service: The milling of Ivywood and Timothy has taken place. They did a fine job of milling that. They will be putting down the base asphalt tomorrow morning on that project and then they will follow that with the fabric and wearing surface. Center Fence is in the process of installing the new vinyl fencing at the Lions Park Tennis Courts. We did replace this week a large storm water crossover on Eastwood down by the expressway. We did increase the size of that and we had to replace it because the old pipe was rusted out and we used aluminized pipe for that. It is larger than what was there and it is actually 5 square foot larger than the type that goes under the expressway and so we have done all that we can on our side. I am currently working on the bid packet for the mowing contract for all City properties. End of report. Dir. of Finance: The summary of the finance reports should be in front of you and you might want to make note that we completed the month of September and we are 75% of the way through the year. The General Fund has collected 85% of what the estimated revenues are. Income Tax is almost 9% still ahead of last year. The General Fund Balance is a little over $5.9 million. The Recreation Center ended the month at a little over $116,000 net operating profit. Maca Pool finished September and basically their season with a $12,500 net operating profit. Local Government Funds are on track. The Fire Fund currently has a balance of about $319,000. The Street Maintenance Fund has a balance of $122,454. The Sewer Operating has a balance of a little over $1.6 million. The Water Operating Fund has a balance of a little over $1.9 million. The Storm Water Revenue is on track. I wanted to make sure that you are aware that R.I.T.A. has recently sent out letters to the non-filers in the City. So there may be an opportunity for you to receive a phone call. If so, if you want to refer those folks to our office; that would be perfectly fine. We will try to help them as much as we possibly can. It is important to respond to this particular letter. If there is no response, there is a follow-up program that R.I.T.A. is running and it is a subpoena program and so you will actually be subpoenaed into City Hall here so we can work with them to get that collected. st I would also request, if you would please, for a 1 Reading adoption of Res. 21-2013. 11  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. October 10, 13 Pres. of Council: Mr. Shanafelt, on the non-filers; is there any idea of the number? Dir. of Finance: I was amazed that the number that we received was somewhere in the neighborhood of about 2,700. Mayor: It is a simple thing of just checking a box of no income that year. There are people calling in very irate wondering who this R.I.T.A. person is. The bottom line is; don’t throw it away; respond to it. Mrs. Ray: So these letters would, if you receive one; do you respond to R.I.T.A. or do you respond to the City or do you respond . . . Dir. of Finance: To R.I.T.A. Mrs. Ray: I noticed on your Appropriation Report that there are now columns for re-appropriation. Is there anything else pending before the end of the year that you would need to re-appropriate or additional appropriations from the General Fund? Dir. of Finance: We have a meeting coming up this next week I believe it is to discuss that very issue and so we should have more information for you soon. Dir. of Law: No report this evening. Economic Developer: Cortabello’s is now open and once Mr. Jaber is happy with the operation of that facility, he will move then on to the Bob’s Big Boy site. Sammie’s, which is going into the old Plaza Maya space on South Avenue will open officially on Monday. The Testa development next door is back on. The State has decided to score the projects differently even though they said they would not. Based on that new scoring system, Mr. Testa feels very confident that they should be funded this time and because of that he will be getting on Planning & Zoning’s agenda to get an extension on that project and with Planning & Zoning’s blessing, then that will come to Council probably before the end of the year. We had a CIC or Tallmadge Grow meeting this evening and there are some opportunities and then st this evening you are going to be getting 1 Reading on Ord. 93-2013, and Ord. 95-2013, and please feel free to give those three readings and the only reason that I say that is because I will be unable to th attend the Monday, October 14 meeting for discussion. So, feel free to call me or e-mail me with any questions, but feel free to take your time as well. There is no hurry on either one of those. Thank you. rd 10. Ordinance 90-2013 At 3 Reading. PLANNING & ZONING Granting a conditional zoning certificate to applicant Robert Morrison, Owner, Frank Rocco to operate a dining establishment serving alcoholic beverages at 290 West Avenue, Suite G. Pres. of Council: I have a fiduciary relationship and am going to abstain on this and I will pass the gavel to the Vice President, Mr. James Donovan. Mr. Donovan: Thank you Mr. President. Ord. 90-2013; we have at least two days of public hearings. Planning & Zoning has looked at this and they recommended 3-0 to REJECT this ordinance. I would entertain a motion at this time. Dir. of Law: In front of you is an amendment to the ordinance. All Planning & Zoning ordinances need to be given three readings and the amendment ; I would recommend that you look at adoption nd or accepting the amended ordinance tonight which would take it back to 2 Reading and then you will discuss this more fully at the next Council meeting. Mr. Donovan: I’m sorry; I guess I did not see the amendment. I did not read this. So, I guess we are looking at a motion to . . . Dir. of Law: To amend and actually it was a recommendation to amend on Monday’s Council meeting actually from the committee I believe even though that is not what is on the agenda tonight. Mr. Donovan: Anybody? I am looking for a motion to amend. Mr. Rensel: Mr. Chair; I move to amend the ordinance as stated on the attachment that was presented to us. Seconded Mrs. Kilway. Dir. of Law: If you want to ask for any further discussion? Mr. Donovan: Is there any further discussion. Roll Call: Mrs. Ray – yes, Mr. Rensel – yes, Mr. Sisak – yes, Mr. Stalnaker – yes, Mr. Donovan - yes, Mrs. Kilway – yes, Mr. Maguire – abstain. Ord. 90-2013 is amended by a vote of 6-0 for the amendment of Ord. 90-2013. Dir. of Law: Mr. Donovan; if I could just correct you; it is 6-0 with one abstention. Mr. Donovan: 6-0 with one abstention; I messed that up the last time! nd 11. Ordinance 92-2013 At 2 Reading. PUBLIC SERVICE Amending Chapter 739 of the Tallmadge Code of Ordinances for haulers. nd Pres. of Council: Ord. 92-2013 is at 2 Reading and will remain before the Public Service Committee. 12  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. October 10, 13 st 12. Ordinance 93-2013 At 1 Reading. FINANCE Authorizing the Mayor to enter into an agreement with United Dental Laboratories, Incorporated for a New Jobs Program Grant pursuant to T.C.O. 160.05 and providing for immediate enactment. st Pres. of Council: Ord. 93-2013 is at 1 Reading and is assigned to the Finance Committee. st 13. Ordinance 94-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for the mowing and care of public lands for the period January 1, 2014, through December 31, 2016, and providing for immediate enactment. st Pres. of Council: Ord. 94-2013 is at 1 Reading and is assigned to the Public Service Committee. st 14. Ordinance 95-2013 At 1 Reading. FINANCE Authorizing the Mayor to enter into an agreement for the sale without bid of real property at 125 West Avenue, not needed for municipal purposes, to Tallmadge Grow, Inc., a Community Improvement Corpora- st Pres. of Council: Ord. 95-2013 is at 1 Reading and is assigned to the Finance Department.. st 15. Resolution 21-2013 At 1 Reading. FINANCE Accepting the amounts and rates as deter- mined by the Summit County Budget Commission and authorizing the necessary tax levies; certifying them to the County Fiscal Officer and providing for immediate enactment. Mr. Stalnaker moved for the adoption of Res. 21-2013. Seconded Mrs. Ray. Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Ray – unanimous. Res. 21- 2013 is adopted by a vote of 7-0. 16. ADDITIONAL ITEMS: None. 17. ADJOURNMENT: Mr. Donovan moved to adjourn. Seconded Mrs. Kilway. Voice vote 7-0. The Regular meeting of 10-10-13 adjourned at 8:25 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton Robert D. Maguire Clerk of Council President of Council 13