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, SEPTEMBER 15, 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, September 15, 2003. Mr. Thomas Haynes delivered the invocation and led the pledge to the flag. The Deputy Clerk called the roll and found the following to be:

Present: Mr. Joseph Renner

Mr. David Kirsch

Mr. Robert Ball

Mayor Robert Stonecash

Absent: Mr. Lawrence Petry

City Manager Dave Daily was also in attendance.

MINUTES

Councilman Kirsch moved to approve the minutes of the August 18, 2003, regular meeting and to acknowledge receipt of the August financial reports. Councilman Ball seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 03-59

Finance Director Leslie Renner explained that this was the annual resolution to certify to the County Auditor the tax rates and amounts to be placed on the real estate taxes for the next year. This resolution reflects no change in those rates and amounts from last year. Councilman Renner moved to approve Resolution 03-59. Councilman Kirsch seconded the motion. The vote is as follows:

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

Nays: None (0)

RESOLUTION 03-60

This resolution accepts the resignation of Chris Atkins from the Civil Service Commission. Mr. Atkins is resigning from the Civil Service Commission in order to accept his appointment to the Planning Board. Councilman Kirsch moved to approve Resolution 03-60. Councilman Renner seconded the motion. The vote is as follows:

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

Nays: None (0)

RESOLUTION 03-61

This approximate 6-acre annexation is for 11 lots fronting North Barron Street, at the north City limits. City Manager Dave Daily stated this resolution identified the exact City services to be provided to the proposed area to be annexed. Mr. Daily stated that this annexation will square up most of the area, as currently the City limits are of a "saw-tooth boundary." Services to be provided are water, sewer, refuse, police, fire, EMS and road maintenance. The County Commissioners will hear this proposed annexation on November 12, 2003. Councilman Renner noted that this proposed annexation leaves out one lot. Mr. Daily stated that this property may have decided to annex, and may request to be added to the annexation application. Law Director Donnette Fisher stated that this annexation application brings the roadway entirely in the City. Councilman Renner moved to approve Resolution 03-61. Councilman Ball seconded the motion. The vote was as follows:

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

Nays: None (0)

CITY MANAGER'S REPORT

a. Building Official Bob Wehrley has determined the home located at 601 Oakland Drive is unfit for human habitation and a condemnation order has been issued. The 30 days deadline expires at the end of the September.

b. The former Shaver Ice Cream building has been razed. A water tower on that property currently remains, but is also slated to be taken down.

c. The quarterly meeting with Preble County Commissioners has been set for October 20th in the City Council Chambers. Council members concurred that the Commissioners should come in session otherwise there is no point in having this meeting and should be invited with that condition.

d. A law suit filed by Stephanie Acton against the City and several City employees has been dismissed. Law Director Donnette Fisher explained the possible appeal process that Mrs. Acton may follow.

e. Eaton Community School Superintendent Dr. Joe DeLuca has set Friday, September 19, at 9:00 a.m., for Council and City staff for the hardhat tour of the high school facility site, currently under construction.

f. Mr. Daily complimented Police Chief Romeo and EMS Chief Stonecash for their pursuit and earning of certain grant moneys to help their departments. The Police received $1,600 from Safe Communities and EMS received $3,390 from State EMS.

g. Mr. Daily noted a request submitted by Mr. Stan Sanderson, representing Eaton Little League. The Little League is requesting the City be the applicant on a grant application which would assist Little League in placing lights at the senior league ball field. With the development of the Seven Mile Park currently underway, the City will be applying for grants to fund this project and would be competing against itself if Little League would also apply. In February 2002, Council gave some $24,000 to Little League to install lights at one of the fields and Council wishes for the City to pursue their own grants.

h. With Mr. Atkins resignation, a vacancy exists on the Civil Service Commission. It was determined to advertise for that seat.

i. This past May, ISO reviewed the Citys fire protection service. The last inspection was in 1995 with a rating of 5. Numerous aspects of the operation were inspected and the Citys rating has been upgraded to 4. Mr. Daily gave state and national comparisons of this rating. Compliments were given to Fire Chief Rick Crowe and Public Works Superintendent Andy Eddy for this rating and thanks to Council for supporting the various projects these divisions have completed in recent years contributing to this improved rating.

j. A hearing has been set for September 23rd in Common Pleas Court on the City appropriation petition. Law Director Donnette Fisher explained this is the first hearing and will be a bench trial in which the Judge decides the questions of law, specifically, the necessity of the appropriation. Once these legal issues are decided by the Court, a jury trial will follow to determine the proper amount of compensation.

k. Mr. Daily stated that a notice has been received from the State Liquor Control Board that the Peking Palace has applied for a renewal of its liquor license. This business is located within 500' of the Little League Park and Council was asked for its comments or any objections to the renewal of this license. There were none.

l. Downtown Eaton Inc. will meet at the City Building on September 16th.

m. Mr. Daily requested that an October 6th regular meeting of Council be scheduled.

OLD BUSINESS

a. RESOLUTION 03-54

This resolution appoints the review committee for the Citys zoning code update. Councilman Renner moved to approve Resolution 03-54. Councilman Ball seconded the motion. The vote is as follows:

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

Nays: None (0)

b. City Manager Dave Daily reported that on August 19, the City arranged a meeting for the property owners in the Wayne Trace area at the County Engineers office. There have been many storm water issues in the Rocky Run Creek/Sauer County Ditch area. Property owners' options regarding the county ditch, as well as controls available for the beavers, were explained at that time. Residents have since formed their own committee to deal with these issues. Police Chief Romeo reported that he has been contacted by a trapper and the affected property owner regarding the beavers.

c. Mr. Daily gave an update on the proposed Economic Development position. Three committees have been organized to oversee this process. The organization committee has recommended the Board of Trustees be made-up of 19 members, and 6 of these seats will be held by the City. The budget and funding committee has arrived at a draft budget, and has recommended that the funding be 1/3 from the City, 1/3 from the County, County, and 1/3 from the private sector. Funding commitments will be for 2 to 3 years. Location for this office was discussed; it was hoped that some neutral site could be located. It was believed that the City should be proactive in this matter. A formal resolution will be presented at an upcoming Council meeting.

d. Councilman Renner wished to state his objection to Municipal Court Bailiffs providing security for the new Municipal Court. Mr. Renner referred to many problems that have been encountered with bailiffs at the County Courthouse and the ensuing lawsuits. He believed that since this is to be a City building, City Police Officers should be used for security, not Court-appointed bailiffs. Mr. Renner noted that the problem is whom they work for; the City will have not authority over the hiring and firing of personnel. Mr. Daily stated he has spoken with the Judge, and the appointment of bailiffs would be similar to the procedure the City currently uses for its police officers. Mr. Daily gave a comparison of salary and benefits for the use of bailiffs versus the use of police officers; using police officers would cost the City $40,000 more.

NEW BUSINESS

a. Mr. Daily reported on the September 8th Parks and Recreation Board Meeting. Installation of lights for the proposed softball field was discussed. Actual operating costs for those lights and possible funding sources are being investigated. Another Parks Board meeting is being planned within the month. Barb Felton had asked the Board to consider her request to use the Youth Center for a private-based, daytime adult day care facility. The upper section of this facility would be closed off permanently to any use other than this, and this use would also present major scheduling conflicts for the use of the building by Eaton's youth. The Parks Board unanimously gave a negative recommendation on her request, but noted that Ms. Felton could approach Council to pursue this request. Council indicated they would not be receptive to such a request, believe that the Youth Center should be used for the City's youth and should be used to support a private business enterprise.

b. Mr. Daily reported on a dispute between SAY Soccer and Pat Taylor Photography. Mr. Taylor sent a letter to the President of SAY that referred to the City in his allegations, mentioning the use of the Citys land. Mr. Taylor's letter also indicated that the City Manager had been copied on the letter. Mr. Daily reported that he never received a copy of the letter from Mr. Taylor, but was forwarded a copy of the letter by SAY. Council determined that the City has no involvement in this matter, it being a civil matter between the two parties.

c. Mayor Stonecash reported that there had been a Mayors Meeting in Lewisburg recently. These meetings seem to be drawing the County communities closer together. He noted that, with the recent installation of sewage treatment plants in West Manchester and West Elkton, all County communities now have treatment plans.

d. Councilman Kirsch encouraged attendance at the Downtown Eaton meeting tomorrow evening.

ADJOURN

Councilman Renner moved to adjourn. The motion was seconded by Councilman Ball and the vote was as follows:

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

Nays: None (0)

________________________________ _____________________________________

Deputy Clerk of Council Mayor

Approved as to form:_____________________________________________________

Donnette A. Fisher, Attorney at Law