MINUTES OF THE 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 15, 2003

Mayor Robert Stonecash called to order the meeting of Eaton City Council on Monday, December 15, 2003, in Council Chambers of the Municipal Building, at 7:00 p.m. Father Tom Fitzsimmons of the Visitation Catholic Church delivered the invocation and led the pledge to the flag. The Deputy Clerk called the roll and found the following to be:

Present: Joseph Renner

David Kirsch

Gary Wagner, Vice Mayor

Robert Stonecash, Mayor

Absent: Ben Maffett

City Manager Dave Daily was also in attendance.

WELCOME AND SPECIAL COMMENT

Mayor Stonecash welcomed students from the High School Government class who were in attendance. On behalf of the City of Eaton, Mayor Stonecash expressed sadness at the recent, unexpected passing of Preble County Sheriff Tom Hayes and extended condolences to Sheriff Hayes= family and to the Sheriff=s Department.

SWEAR-IN AUDIENCE

The oath was administered to the audience by the Deputy Clerk.

MINUTES AND FINANCIAL REPORTS

Councilman Renner moved to approve the minutes of December 1, 2003 and to acknowledge the November financial reports. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

ORDINANCE 03-18

Councilman Renner moved for the first reading, by title only, of Ordinance 03-18. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 03-18, by title only.

Mayor Stonecash opened the public hearing on the zoning amendment as applied for by the Preble County Commissioners. This is for their land on Hillcrest Drive, the former Children=s Home. Presently, the zoning designation is >R-1A= Single Family Residential with >P-1' Professional Services District being requested. The Commissioners propose to locate the Health Department facility at this location. This request is in compliance with the City=s Comprehensive Development Plan and neighboring zoning as well as having received a favorable recommendation by the Planning Board. Jim Douglass, the Preble County General Health District Administrator, was in attendance and stated that a part of their operation is currently in the Preble County Annex Building on South Barron Street. He noted that they will be able to combine the three operations of the Health Department that are currently at separate locations at this Hillcrest Drive facility. Mr. Douglass detailed the Department=s staffing and some of the services that are provided. It is anticipated that the Health Department will move in mid-2004. A sign is planned, but unknown at this time of the exact details; directional signs will also be added to the site. The public hearing was closed.

ORDINANCE 03-19

Councilman Wagner moved for the first reading, by title only, of Ordinance 03-19. Councilman Renner seconded the motion which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 03-19, by title only.

The public hearing was opened on this zoning amendment that has been applied for by the Preble County Commissioners for property on Hillcrest Drive currently occupied by the Art Association. This property neighbors the former Children=s Home as detailed above. The current zoning is >R-1A= Single Family Residential with >P-1' Professional Services District being requested. This complies with the City=s Comprehensive Development and conforms with neighboring zoning as well as having received a favorable recommendation from Planning Board. The public hearing was closed.

ORDINANCE 03-20

Councilman Wagner moved for the first reading, by title only, of Ordinance 03-20. Councilman Renner seconded the motion which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 03-20, by title only.

Mayor Stonecash opened the public hearing on this zoning amendment. There being no one in attendance to either represent this application or address neighboring property owner concerns, the public hearing was closed. The current zoning of this property on East Main Street, formerly a bowling alley, is >C-1' General Commerical with >C-3' Community Commerical being requested. Planning Board recommended denial of this request.

ORDINANCE 03-21

Councilman Kirsch moved for the reading of Ordinance 03-21, by title only. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 03-21, by title only.

This ordinances amends Ordinance 03-03 the annual appropriation ordinance.

Councilman Renner moved to adopt Ordinance 03-21. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

ORDINANCE 03-22

Councilman Wagner moved for the reading of Ordinance 03-22, by title only. Councilman Renner seconded the motion which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 03-22, by title only.

This ordinance adopts the temporary appropriation of operating funds for 2004.

Councilman Renner moved to adopt Ordinance 03-22. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 03-86

This resolution establishes staffing levels and pay grades for 2004.

Councilman Renner moved to adopt Resolution 03-86. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 03-87

This resolution authorizes the transfer of certain revenue from the General Fund to Special Funds revenue account.

Councilman Kirsch moved to adopt Resolution 03-87. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 03-88

This resolution authorizes the transfer of funds from the General Fund to the Small Cities CDBG fund.

Councilman Kirsch moved to adopt Resolution 03-88. Councilman Renner seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 03-89

While the new Municipal Court facility is nearly complete, the Court needs to continue to occupy current Courthouse location until the move can be accomplished. This resolution authorizes the City Manager to enter into a month-by-month lease agreement with the Preble County Commissioners for Municipal Court to remain in the Courthouse until the new structure is completed.

Councilman Kirsch moved to adopt Resolution 03-89. Councilman Renner seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 03-90

Five bids were received for the bid opening on December 12 for the purchase of a pick-up truck for use by the Public Works Division. The lowest and best bid was received by Rodney Cobb Chevrolet in the total bid amount of $26,444.82 with $1,500 offered for the trade-in vehicle for a net bid of $24,944.82.

Councilman Renner moved to adopt Resolution 03-90. Councilman Wagner seconded the motion which passed as follows:

Ayes: Renner, Wagner, Stonecash (3)

Nays: None (0)

Abstain: Kirsch (1)

CITY MANAGER=S REPORT

a. Council was reminded of the Employees= Christmas Luncheon this Wednesday, December 17, at Station 2.

b. Mr. Daily acknowledged the receipt of a letter from the Chamber of Commerce thanking the City for their assistance with the White Christmas event and a letter from the Wayne Trace Surface Water Committee thanking Council and staff for their assistance with the excessive storm water in the Wayne Trace area.

c. The Ware land appropriation hearing was conducted on December 3. The Wares have until January 10 to respond to the briefs, the Judge will then make a ruling with a jury being seated no later than 15 days following this ruling.

d. Mr. Daily recognized City employees Police Chief Phil Romeo, Police Sergeants Vauhgn Oburn and Cory Herrmann, Fire Chief Rick Crowe, EMS Chief Marsha Stonecash, Public Maintenance Supervisor Bill Smith and Public Maintenance employees, Steve Wentzell and Rob Horine, for all their extra efforts with the detailed and large funeral plans for Sheriff Tom Hayes.

e. The City=s contract with the Gasper Township Trustees for the provision of fire and EMS services expires December 31. There has been no communication or progress reports being received from either the Township Trustees or the ad hoc committee. Eaton will continue to respond with mutual aid to these calls with any abuses being reported to Council.

f. The local National Guard unit will be honored at an official farewell at Eaton High School on January 2 at 1:00 p.m.

OLD BUSINESS

None.

NEW BUSINESS

Commissioner Stan Spencer wished to express appreciation to the community for their outstanding support and assistance during Sheriff Hays= funeral proceedings.

EXECUTIVE SESSION

Councilman Wagner moved to adjourn to Executive Session to discuss legal issues with the Law Director who is present. Also invited were City Manager Dave Daily and Finance Director Leslie Renner. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

Mayor Stonecash stated no action was taken during Executive Session. Councilman Wagner moved to adjourn to regular session. The motion was seconded by Councilman Kirsch and passed as follows:

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

Nays: None (0)

ADJOURN

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

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

Nays: None (0)

_____________________________ _______________________________________

Deputy Clerk of Council Mayor

APPROVED AS TO FORM: _______________________________________________

Donnette A. Fisher, Director of Law