(Return to Council Minutes Listing)

MINUTES OF A REGULAR MEETING OF THE COUNCIL

OF THE CITY OF EATON, OHIO HELD IN COUNCIL CHAMBERS

OF THE MUNICIPAL BUILDING, AT 7:00 P.M., ON MONDAY, APRIL 21, 2003

Mayor Robert Stonecash called the regular meeting of the Council of the City of Eaton, Ohio, to order at 7:00 p.m., on Monday, April 21, 2003. Reverend Brakemeier delivered the invocation and led the pledge to the flag. 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

                Mr. David Kirsch

Absent: None

City Manager Dave Daily was also in attendance.

Councilman Renner moved to approve the minutes of the April 7, 2003 meeting. Councilman Ball seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Doug Kramer represented MK Development in the request for final plat approval for the Rolling Hills Subdivision, Section 3. This section consists of 9.016 acres. The plat has been reviewed by staff and the Planning Board. Planning Board made a favorable recommendation for the final plat approval of Rolling Hills Subdivision, Section 3. The Subdivision Agreement has been executed.

Councilman Kirsch moved for the second reading of Ordinance 03-10, by title only. Councilman Renner seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Law Director Donnette Fisher read Ordinance 03-10, by title only.

Finding it to be in the best interest of the health, safety and welfare of the community, Councilman Kirsch moved to adopt Ordinance 03-10. The motion was seconded by Councilman Renner and passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Acquisition of property adjoining the City's existing Black Water Plant just off of Route 35 East, owned by Geraldine Ware Morrow, was discussed. Mr. Daily reported that the City has made numerous offers to purchase the property, all of which have been rejected.

Finding it to be a vital need in providing a future water supply for the City, Ordinance 03-11 directs the Law Director to proceed with an appropriation for this purpose.

Councilman Renner moved for the second reading, by title only, of Ordinance 03-11. Councilman Kirsch seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Law Director Donnette Fisher read Ordinance 03-11, by title only.

Councilman Renner moved to adopt Ordinance 03-11. The motion was seconded by Councilman Kirsch and passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Mr. Daily explained that each year, staff levels and pay rates for the employees at the Pool are evaluated. This resolution sets the employees and their pay rates for the upcoming season.

Finding it to be in the best interest of the health, safety and welfare of the community, Councilman Kirsch moved to adopt Resolution 03-20. The motion was seconded by Councilman Renner and passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

The Ohio Public Works Commission oversees the Issue 2 grant program. Mr. Daily reported that this resolution appoints the City’s representative, K. Douglas Spitler, and alternate, Becky Horine, to the local integrating committee. The term for these appointments is from May 26, 2003 through May 25, 2006.

Councilman Renner moved to adopt Resolution 03-21. The motion was seconded by Councilman Ball and passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Mr. Daily explained that every ten years, when the Federal government’s census is completed, the Ohio Department of Transportation utilizes those figures to adjust urban boundaries throughout Ohio. This evaluation does not adjust the actual City limits. This resolution accepts ODOT’s classification of the City streets to reflect the changes in the area between 1990 and 2000 . The significant issues this classification impacts are roadway designs and outdoor advertising.

Finding it to be in the best interest of the health, safety and welfare of the community, Councilman Kirsch moved to adopt Resolution 03-22. The motion was seconded by Councilman Renner and passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

Mr. Daily reported an agreement has been proposed with the City, Eaton Community Schools and the Preble County Engineer for improvements to both State Route 732 and Camden Road in the area of the new senior high school. State Route 732 is set to be improved with the addition of left- and right-hand turn lanes. These improvements are to be completed prior to occupancy of new school. While the City will contract for the design and apply for the Issue 2 grant, there will be no actual cost to the City for these improvements. Sidewalks on the school property will be addressed at a later date as details are finalized. This resolution addresses the concerns expressed by Council.

Councilman Renner moved to adopt Resolution 03-23. The motion was seconded by Councilman Kirsch and passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

a. Mr. Daily received a letter from General Mungenast who extended appreciation to Council for their support of Police Chief Phil Romeo to serve in the European command of the U.S. Naval Reserve Intelligence. The status of Chief Romeo as well as Patrol Officer Nick Friesthler is unknown at this time.

b. A letter was received from Preble County Administrator Ken Moreland expressing the County’s appreciation for Fire Chief Rick Crowe performing the duties of Acting Emergency Management Association Director until a permanent appointment to that position could be made.

c. Each year, the Fire Division oversees testing of its equipment per NFPA standards. The ladder truck, a 1986 Seagrave, was tested by a third party company, UL Laboratories. It was found at that time to have a frayed cable and a twist in the ladder that was not within a safe range. The truck was taken out of service. The truck was then tested by Seagrave and the twist was not found. It was determined that UL will be asked if the cable needs repaired so that a final report can be issued. UL will work directly with Seagrave. The truck will remain out of service and Council will be kept up-to-date on this issue.

d. RESOLUTION 03-27. Council recently approved the advertisement for bids for a new ambulance. In preparation of those specifications, EMS Chief Marsha Stonecash has researched various types of units--a unit similar to what is in use now, a medium-duty unit, and a unit that is considered in-between these two types of ambulances. It has been determined that this ‘in-between’ type unit is desired. Further, it was found to be advantageous to purchase this through the State Purchasing Program. The unit is a 2003 Braun Chief XL with the prestige package, 2003 Chevrolet C-4500, Duramax engine and Allison transmission. The foam insulated box is welded and includes many other safety features. Service can be done on-site or, if it must be taken to their service facility, a loaner unit will be provided at no extra charge. Delivery of this new unit would be 90 to 100 days. The total cost will be $126,630.50 less the trade-in amount of $3,500.00 for a net price of $120,130.50. It is anticipated that a 6-year replacement schedule could be realized with this type of unit.

With no local bidders to participate if this purchase was to be publicly bid, Councilman Renner moved to adopt Resolution 03-27 to proceed with this purchase as discussed through the State Purchasing program. Councilman Kirsch seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

e. Mayor Stonecash attended a Preble County Mayors meeting recently. These meetings will take place every other month with the next one scheduled for June 12 at the Eaton City Building. This is generally an open discussion to share common issues and to encourage communication between the communities.

f. Hydrants will be flushed May 5 through May 9.

g. There will be an open house retirement celebration for Morris Fudge and Dave Walker on April 30, 2:00 to 4:00, at the City Building. As there will be a Council meeting on Monday, May 5, the retiring employees will be recognized at that time.

OLD BUSINESS

a. Mr. Daily detailed some background on the landfill issue, just having its latest chapter closed at the April 16 County Commission meeting. He also reviewed the many sided issues this has spawned, particularly the various political entities and departments communicating and working in good faith to come to a resolution. Finally, Mr. Daily asked for guidance from Council as this issue has erupted numerous times in recent years, never with an acceptable resolution and after a multitude of hours spent by Council and staff. It was determined that the City should remain involved in this issue. The landfill is owned by the County Commissioners and, while it seems logical for them to propose the next step in this unresolved matter, it would also seem that the City must remain involved as it could be negatively impacted. It was hoped that the County would convene a task force to evaluate the options and propose a viable resolution.

b. RESOLUTION 03-28. Gasper Township Trustee Board President Eric White was in attendance and wished to discuss the extension of the EMS contract for Gasper Township. After much discussion and in a spirit of public safety, Councilman Renner moved for Eaton to provide emergency medical services to Gasper Township, as was approved at Council’s March 17 meeting, for the period ending May 31, 2003, and at a rate to be determined by the City of Eaton Finance Director. The motion was seconded by Councilman Ball. The motion passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

None.

As the war is coming to an end and having just celebrated the Easter season, Councilman Kirsch wished to offer appreciation to each City division head for providing the leadership in their individual departments, noting that the City is fortunate to benefit from the dedication. Mr. Daily added that it is with Council’s support that these many programs are permitted to move forward.

Councilman Kirsch moved to adjourn to executive session for the purpose of discussing matters of litigation and personnel matters with the City's Law Director who was present. Council also invited City Manager Dave Daily, Finance Director Leslie Renner, City Engineer Doug Spitler and Attorney Jane Lynch. Councilman Ball seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Kirsch (4)

Nays: Renner (1)

Following Executive Session, Mayor Stonecash stated that no action had been taken. Councilman Renner moved to come out of executive session. Councilman Ball seconded the motion which passed as follows:

Ayes: Stonecash, Ball, Petry, Renner, Kirsch (5)

Nays: None (0)

This resolution authorizes the Attorney Jane Lynch on behalf the City of Eaton and Council, Attorney Lynch explained that the finding of the Federal Court was that the City’s denial of the commercial rezoning of some 28 acres on North Barron Street in 2002 was unconstitutional. There have been changes in circumstances in the area that would require the commercial zoning designation, as well as the written portion of the City’s 1994 Comprehensive Development Plan, stating that this specific parcel should be commercial. Attorney Lynch reviewed the path of this suit going from Preble County Common Pleas Court to Federal Court. She noted that this court order is not subject to referendum. Within this order are the thirteen specific points of development that Planning Board originally requested which must be adhered to and will benefit the City as this commercial property is developed. Mayor Stonecash noted that it is believed that the best for the community has been negotiated in this matter with this order and this zoning issue can be concluded. Councilman Renner and Councilman Petry stated their objection to this resolution.

Finding it to be in the best interest of the community, Councilman Kirsch moved to adopt Resolution 03-24. The motion was seconded by Councilman Ball and passed as follows:

Ayes: Stonecash, Ball, Kirsch (3)

Nays: Petry, Renner (2)

This resolution accepts a 66' right-of-way gift: Dedication from Rocky Run Farms to allow for the extension of Washington-Jackson Road and Aukerman Street.

Finding it to be in the best interest of the health, safety and welfare of the community, Councilman Kirsch moved to adopt Resolution 03-25. The motion was seconded by Councilman Ball and passed as follows:

Ayes: Stonecash, Ball, Renner, Kirsch (4)

Nays: Petry (1)

This resolution accepts a 60' right-of-way gift: Dedication from Mark Vosler, D.O. and Scott Vosler, D.O. to allow for the extension of Aukerman Street to meet Washington-Jackson Road.

Finding it to be in the best interest of the health, safety and welfare of the community, Councilman Ball moved to adopt Resolution 03-26. The motion was seconded by Councilman Kirsch and passed as follows:

Ayes: Stonecash, Ball, Renner, Kirsch (4)

Nays: Petry (1)

With unanimous approval, the meeting adjourned.