Mr. David Kirsch MINUTES OF A SPECIAL MEETING OF THE COUNCIL OF
THE CITY OF EATON, OHIO, HELD IN COUNCIL CHAMBERS
OF THE MUNICIPAL BUILDING, AT 7:00 P.M.,
ON THURSDAY, JANUARY 30, 2003

Mayor Robert Stonecash called a special meeting of the Council of the City of Eaton, Ohio, to order at 7:00 p.m., on Thursday, January 30, 2003. The Deputy Clerk called the roll and found the following to be:

Present:        Mayor Robert Stonecash
                                    Mr. Robert Ball
                                    Mr. Lawrence Petry
                                    Mr. Joseph Renner

Absent: None

City Manager, Dave Daily, was also in attendance.

ORDINANCE 03-01
Mayor Stonecash stated this second reading and vote had been included on this
special meeting agenda; however, legal counsel for the applicants, George J. Earley, was unavailable to attend. This item will be heard at the February 18th Council meeting.

ORDINANCE 03-02
This is a second reading of the Ordinance that will accept the annexation of 64.959 acres on East Main Street. Engineer Doug Kramer and Jim Frizzell represented Harry and Marilyn Frizzell in their application.

Councilman Kirsch moved for the second reading of Ordinance 03-02, by title only. Councilman Ball seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)
Nays: None (0)

Law Director Donnette Fisher reads Ordinance 03-02, by title only.

Finding that this proposed annexation makes good planning sense and this annexation would be beneficial to the City, Councilman Ball moved for adoption of Ordinance 03-02. The motion was seconded by Councilman Kirsch and passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)
Nays: None (0)

PRESENTATION BY LANDFILL COMMITTEE
Mark Goeke discussed that a resolution is currently being prepared and reviewed by the legal counsels for the various political subdivisions. Support was requested for this option of contract hauling of the entire County’s refuse to the Preble County Landfill. The Advisory Committee and several of its sub-committees have been meeting since early January with all parts of the County being represented. All the options for the Landfill have been reviewed: Closure, continue current operations, execute a lease with an outside agency, or contract hauling. Some options have fallen by the wayside and it was believed that, in reality, only one option is viable which is contract hauling. The pros and cons of contract hauling were discussed. Some of the positive points include reduction of truck traffic through the County, extended life of the Landfill, the “footprint” of the current Landfill would be maintained and no trash going out-of-county. The tipping fee would be reduced or non-existent, administrative costs would be a little higher. It was emphasized that all entities in the County would have to agree and pass a resolution to support contract hauling.

Preble County Auditor Hal Yoder discussed how this option would impact Eaton and the related costs. He presented a chart showing projected figures. Some 34,000 tons of trash is projected for the entire County. Keeping the current assessments is needed no matter what option is chosen. The City could do its own contracting, also do the billing and collection of the money. The hauling bids, however, would be just for the hauling costs; tipping fees would not be included. The County would then bill the City for its landfill use. If the County did the billing, the costs would obviously be more.

The Commissioners are requesting a recommendation from the Committee by the end of February; the resolution is not completed yet. It is believed that this will have very little adverse affect to the City.

It was discussed that weight records would confirm that it is Preble County trash being dumped in the Landfill. Billing was also discussed. It is believed that it would be more cost effective and the best for both entities to handle the City’s billing as it is being done at the current time. The City would only remit what is collected and would not have to handle delinquent accounts. It was asked if it would be beneficial to execute a county-wide contract. Each village and the City will have the option to contract with their hauler, owning the contract is the best way. However, a county-wide contract would help the unincorporated portions of the county, but would definitely have a negative impact to City costs. It was noted that record keeping at the Landfill is excellent. Possibly smaller villages would look to combine contracts; all options should be studied as contracts expire.

All Council members concurred to be against the lease option for the Landfill.   Mr. Yoder reiterated that all entities will have to agree on this contract hauling option; if one does not approve it, the options to close or lease the landfill will be considered. The draft resolution will be reviewed along comments by Law Director Donnette Fisher.   Safeguards would be in place to prevent any one community from stopping use of the Landfill which will protect its future operation. Some concern of the number of years that will be committed was discussed. The bonds payout in 2016 or 2010. It is hoped that the Landfill Advisory Committee would be review board to monitor operations, progress and would report on whatever time frame would be requested. The City would
have representation on this on-going committee.   Debt at the Landfill was discussed.

If, in five years, costs are out-of-line or EPA determines that the Landfill is not in compliance, the Landfill is not in compliance, the Landfill would close. All contracts would then be null and void and the procedures would be in place to close the Landfill.

County Commissioners inherited this situation; this option would help keep the Commissioners out of the Landfill and let the people run the Landfill with the Advisory Committee. It was asked if the Commissioners would be forced to file suit against the City to help pay-off indebtedness. If the Landfill were closed, all commitments would cease.

Council concurs that this seems to be the best option presented and that all of the Committee has done a very good job in its study. Given the resolution addresses all the City concerns, Council will support the resolution opting for contract hauling.

Mayor Stonecash moved to adjourn. Councilman Renner seconded the motion which passes unanimously.

___________________________ ___________________________________

        Deputy Clerk of Council                                                 Mayor



Approved as to form:__________________________________________________________

Donnette A. Fisher, Director of Law