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MINUTES OF 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, DECEMBER 1, 2003

Eaton Municipal Court Judge Paul Henry was in attendance and administered the oath of office to Councilmen-elect Gary Wagner and Ben Maffett.

ROLL CALL, INVOCATION AND PLEDGE

Mayor Robert Stonecash then called the regular meeting of the Council of the City of Eaton, Ohio, to order on Monday, December 1, 2003. Former Mayor and long-time Councilman Rick Daily delivered the invocation and led the pledge to the flag. The Deputy Clerk called the roll and found the following to be:

Present:     Gary Wagner

                    Joseph Renner

                    David Kirsch

                    Ben Maffett

                    Robert Stonecash, Mayor

Absent: None

City Manager Dave Daily was also in attendance.

ELECTION OF MAYOR

Nominations were requested for the position of Mayor. Councilman Kirsch nominated Robert Stonecash to the position of Mayor of the City of Eaton, seconded by Councilman Wagner. Hearing no other nominations, nominations were closed. Councilman Wagner moved to elect Robert Stonecash as Mayor for the upcoming year. The motion was seconded by Councilman Maffett and passed as follows:

Ayes Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

Mayor Stonecash stated that he was honored to be allowed to continue to serve as Mayor.

ELECTION OF VICE-MAYOR

Nominations were requested for the position of Vice Mayor. Councilman Kirsch nominated Gary Wagner to the position of Vice Mayor of the City of Eaton, seconded by Councilman Maffett. Hearing no other nominations, Mayor Stonecash closed the nominations. Councilman Kirsch moved to elect Gary Wagner as Vice Mayor for the upcoming year. The motion was seconded by Councilman Maffett and passed as follows:

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

MINUTES

Councilman Renner moved to approve the minutes of November 17, 2003 meeting. Councilman Kirsch seconded the motion which passed as follows:

Ayes: Renner, Kirsch, Stonecash (3)

Nays: None (0)

Abstain: Wagner, Maffett (2)

RESOLUTION 03-74

As discussed previously, obstructions in a part of the Rocky Run Creek in the Wayne Trace Road area are causing drainage problems for the neighbors. An agreement has been negotiated whereby the City will hire a contractor to remove the obstructions and the affected residents, 'Wayne Trace Surface Water Improvement Committee,' will provide the money to pay the contractor. One of the co-chairmen of this Committee, Bill Withrow, who was in attendance, and detailed this part of the project and thanked Preble County Engineer, J. Stephen Simmons, for devising the plan for this removal. This resolution authorizes the City Manager to enter into an agreement the Wayne Trace Surface Water Improvement Committee.

Councilman Wagner moved to adopt Resolution 03-74. Councilman Renner seconded the motion with passed as follows:

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

The project as described in Resolution 03-74 is to be completed by Preble County Engineer, J. Stephen Simmonsas a Contractor hired by the City. This resolution authorizes the City Manager to enter into an agreement with the Preble County Engineer to remove the obstructions in Rocky Run Creek.

Council Renner moved to adopt Resolution 03-75. Councilman Maffett seconded the motion which passed as follows:

Ayes: Wagner Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

RESOLUTION 03-76

Councilman Kirsch moved to appoint Robert Stonecash as the Council representative and to appoint Jack Cobb as the Eaton citizen at-large to the Ohio Gateway Development Council of Preble County. The motion was seconded by Councilman Wagner and passed as follows:

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

Councilman Kirsch moved to accept the resignation of Gary Wagner from Planning Board, to accept the resignation of Stephen Deffner from the Civil Service Commission and to appoint Stephen Deffner to the just-vacated Planning Board position with the term ending December 31, 2004. The motion was seconded by Councilman Renner and passed as follows:

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

RESOLUTION 03-78

Councilman Kirsch nominated, seconded by Councilman Maffett, Gary Wagner as the Council representative to Planning, Zoning and Building Board and to close nominations. Councilman Kirsch moved to appoint Gary Wagner to Planning, Zoning and Building Board for a one year term. Councilman Maffett seconded the motion which passed as follows:

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

Councilman Kirsch nominated, seconded by Councilman Maffett, Robert Stonecash to Planning, Zoning and Building Appeals Board. Councilman Kirsch moved to appoint Robert Stonecash to Planning, Zoning and Building Appeals Board for a one year term. Councilman Maffett seconded the motion which passed as follows:

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

Councilman Kirsch moved to appoint Ben Maffett as Council representative to the Parks and Recreation Board for a one year term and to re-appoint Bob Brower to Parks and Recreation Board for a three year term. Councilman Wagner seconded the motion which passed as follows:

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

Councilman Renner moved to re-appoint Bruce Barnes to the Tax Appeals Board for a three year term. Councilman Kirsch seconded the motion which passed as follows:

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

RESOLUTION 03-82

Councilman Wagner moved to appoint Dave Kirsch and Joe Renner to the Volunteer Fireman Dependent Fund Board, both one year terms. Councilman Maffett seconded the motion which passed as follows:

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

Councilman Kirsch moved to accept the resignation of Robert Stonecash from the Preble County Area Community Improvement Corporation and to appoint Ben Maffett to the Preble County Community Improvement Corporation Board as Council representative. Councilman Wagner seconded the motion which passed as follows:

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

Appointments to the Miami Valley Regional Planning Commission Board will be considered at a

later date.

Councilman Wagner moved to appoint Joe Renner as the Council representative to the Mound Hill

Union Cemetery Board. Councilman Kirsch seconded the motion which passed as follows

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

RESOLUTION 03-85

Councilman Renner moved to appoint J. Fred Stall to the just-vacated Civil Service Commission

position, term expiring December 31, 2008. Councilman Kirsch seconded the motion which passed as follows:

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

AS TO RESOLUTION 03-76 THROUGH 03-85:

ATTEST:____________________________ APPROVED:_____________________________

                            Clerk of Council                                                             Mayor

a. Council was reminded  that they will be serving at Whispering Christmas  on December 14,

6:00 p.m. to 10:00 p.m.

c. Special "thanks" to Fitzwater Tree Service was expressed as they assisted in placing the lights in the tree at the Courthouse this year.

d. Also, a special "thanks" to the Public Maintenance Division for all their work this fall in decorating the Fort for Whispering Christmas, the downtown for the White Christmas event as well as picking up leaves and completing the striping of the roadways. The City looks very nice and all expressed appreciation for the work that Doug Spitler, Bill Smith and their employees have done.

e. Norfolk Southern Railroad finished the improvements to several crossings this year.

f. The City's trash hauler, Rumpke, will offer a free toter program for one month, starting with 300 citizens. Use of these toters will benefit not only Rumpke but also the City.

g. The Police Division has purchased three taser guns. Training will begin soon.

h. Law Director Donnette Fisher explained to Council some of the details of Senate Bill 5 as regards annexations. The City will be considering two annexations in January.

Mayor Stonecash had visited cities in the area and brought pictures showing the various styles of city "welcome" signs. As discussed at recent meetings, it is his hope to offer a contest to Eaton City School students and to City of Eaton citizens to design a new city limit marker.

a. Kathy Willis, representing Downtown Eaton Inc,, updated Council on the group's activities.

b. Family and Children First Council had submitted an invoice for a membership fee from the City, an amount calculated on the City's population. Law Director Donnette Fisher provided an opinion that Council has no legal obligation to make this voluntary contribution. Councilman Renner moved that to administratively direct the Finance Director Leslie Renner not remit the invoice from FCFC. Councilman Maffet seconded the motion which passed as follows:

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

City Manager Daily was asked to write to the FCFC and inform them of Council's decision, adding, if this organization would like to further discuss this for next year, representatives from the FCFC could make a formal presentation to Council..

c. The recently remodeled structure at 120 North Cherry will be having an open house on December 4. This facility has been named the Jefferson House and Mayor Stonecash encouraged Council to attend.

d. The Historical Days event at Fort St. Clair was discussed.

e. The local National Guard will be leaving to go to Iraq sometime just after the first of the year.  It is hoped that arrangements can be made so that citizens can show their support as they leave the City.

Councilman Renner moved to adjourn to Executive Session to discuss matters of personnel and

litigation with City Manager Dave Daily, Finance Director Leslie Renner and Law Director Donnette Fisher being invited. Councilman Kirsch seconded the motion which passed as follows:

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash

Nays: None (0)

taken.

PROCEDURE FOR FINANCIAL ORDINANCES

Finance Director Leslie Renner and Law Director Donnette Fisher presented both of their requested actions in passage of ordinances relating to finances. It was decided that these types of legislation would contain wording that, pursuant to Chapter 303, the rules requiring two readings of these ordinances are automatically suspended and these ordinances would become effective immediately.

MORATORIUM ON CERTAIN ZONING REQUESTS

With the City's zoning code in the final stages of review and soon coming before Council for adoption, it was discussed that it would be beneficial for certain types of uses that are not mentioned specifically in the City's current zoning code, such as planned unit developments, communication towers, etc., not be considered for approval until the zoning code is in place. A 'stop gap' ordinance will be presented at the December 15 meeting.

2004 SALARIES

Councilman Renner moved to approve 2004 annual salary figures for the City Manager at $75,000, for the Finance Director at $65,000 and the Law Director at $60,000. Councilman Wagner seconded the motion which passed as follows:

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

ADJOURN

Councilman Renner moved to adjourn the meeting. Councilman Kirsch seconded the motion which passed as follows:

Ayes: Wagner, Renner, Kirsch, Maffett, Stonecash (5)

Nays: None (0)

________________________________ ___________________________________

            Deputy Clerk of Council                                                 Mayor

Donnette A. Fisher, Director of Law