CLERK'S JOURNAL 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, APRIL 19, 2004



Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Monday, April 19, 2004, at 7:00 p.m. in Council Chambers of the Municipal Building. Rev. Jerry Reynolds delivered the invocation and led the pledge to the flag. The Deputy Clerk called the roll and found the following to be:

                Present: Joe Renner

                                Dave Kirsch

                                Ben Maffett

                                Gary Wagner, Vice Mayor

                                Robert Stonecash, Mayor

                Absent: None

Also in attendance was Dave Daily, City Manager.


MINUTES AND FINANCIAL REPORTS

Councilman Kirsch moved to approve the Clerk's Journal Entry for March 15, 2004, to accept the tapes as the official minutes for the March 15, 2004 meeting and to acknowledge receipt of the financial reports for March. Councilman Renner seconded the motion which passed as follows:

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

                Nays: None (0)


OATH OF OFFICE

Police Chief Phil Romeo introduced Jamie Garrett. Mayor Stonecash administered the oath of office to Jamie who is being hired as a part-time police officer.


ORDINANCE 04-10

Approximately 57 acres owned by Rocky Run Farms, located to the rear of the RG Properties development is proposed for annexation to the City. This ordinance accepts the annexation of this land.

 

Councilman Kirsch moved for the second reading, by title only, of Ordinance 04-10. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

 

Law Director Donnette Fisher read Ordinance 04-10 by title only.


Councilman Kirsch moved for the adoption of Ordinance 04-10. Councilman Maffett seconded the motion which passed as follows:

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

Nays: Renner (0)


ORDINANCE 04-11

Since approximately 1965, annexations to the City have not been detached from Washington Township, though they have always been treated as detached by the County. This ordinance will allow the process to be properly completed and authorizes the Law Director to file a petition with the County Commissioners to detach from Washington Township land that was previously annexed in the City. This ordinance does not include the Rocky Run annexation.


Councilman Renner moved for the second reading of Ordinance 04-11. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None

 

Law Director Donnette Fisher read Ordinance 04-11 by title only.

 

Councilman Renner moved for the adoption of Ordinance 04-11. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

 

ORDINANCE 04-12

The City desires to join the Ohio Department of Transportation Cooperative Purchasing Program. This ordinance authorizes the City Manager to enter into the necessary paperwork to participate in this program.

 

Councilman Maffett moved for the first reading of Ordinance 04-12. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None

 

Law Director Donnette Fisher read Ordinance 04-12 by title only.

 

ORDINANCE 04-13

Construction of road improvements, including utility improvements, curbs and gutters for Washington-Jackson Road and Aukerman Street, has been determined to be vital to development in that area of the City. It is necessary to issue and sell bonds in the amount of $550,000 to finance the costs of these improvements. This ordinance approves the issuance of $550,00 road improvement bonds and declares an emergency.

 

There was presented to Council a Certificate of Maximum Maturity.


There was presented to County, Ordinance No. 04-13 entitled:


AN ORDINANCE PROVIDING FOR THE ISSUANCE

OF $550,000 ROAD IMPROVEMENT BONDS AND

DECLARING AN EMERGENCY


Councilman Wagner moved to read Ordinance 04-13 by title only. Councilman Kirsch seconded the motion, and the vote thereon resulted as follows:

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

                Nays: Renner (1)


Law Director Donnette Fisher read Ordinance 04-13, by title only.


Councilman Wagner moved the rule requiring an ordinance or resolution of a general or permanent nature to be read on two separate days be suspended. Councilman Kirsch seconded the motion, and the following was the result of a vote thereon:

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

                Nays: Renner (1)


Councilman Wagner moved that Ordinance 04-13 be passed as read. Councilman Kirsch seconded the motion, and the vote thereon resulted as follows:

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

Nays: Renner (1)


The Ordinance was declared passed April 19, 2004.

RESOLUTION 04-24

This is the resolution to establish the organizational listing, employment levels and pay rates for the part-time employees at the Pool for the 2004 season.

 

Councilman Wagner moved to adopt Resolution 04-24. Councilman Renner seconded the motion which passed as follows:

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

                Nays: None (0)


RESOLUTION 04-25

To accommodate an increased workload within the Department of Service, it has been determined to add the position of Engineering Technician. This resolution amends Resolution 03-86, the payroll resolution, to reflect this new position.

 

Councilman Kirsch moved to adopt Resolution 04-25. Councilman Renner seconded the motion which passed as follows:

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

                Nays: None (0)


RESOLUTION 04-26

Resolution 04-22 authorized the bidding for a new mower for the Public Maintenance Division. Five bids were opened on April 14, 2004 and the lowest bidder conforming with the specifications was Steinke Tractor Sales. Their bid was for a 2004 Grasshopper in the bid amount of $13,745 less the amount for the trade-in offered of $5,300 for a net bid of $8,445. Staff has recommended this bid be awarded to Steinke. This resolution authorizes the award and the execution of the contract.

 

Councilman Kirsch moved to adopt Resolution 04-26. Councilman Renner seconded the motion which passed as follows:

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

                Nays: None (0)

 

RESOLUTION 04-27

Resolution 04-07 authorized the bidding for the Hillcrest Drive Sanitary Sewer Project. Five bids were opened on March 10, 2004 and the lowest bidder conforming with the specifications was CK Excavating. Their bid was in the amount of $154,661.96. Staff has recommended this bid be awarded to CK Excavating. This resolution authorizes the award and the execution of the contract.

 

Councilman Kirsch moved to adopt Resolution 04-27. Councilman Wagner seconded the motion which passed as follows:

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

                Nays: None (0)


RESOLUTION 04-28

The Public Maintenance Division is needing a new 2-ton dump truck. This resolution authorizes the advertisement for bids for this vehicle.

 

Councilman Renner moved to adopt Resolution 04-28. Councilman Maffett seconded the motion which passed as follows:

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

                Nays: None (0)

                Abstain: Kirsch (1)

 

RESOLUTION 04-29

Resolution 04-13 authorized the annual bidding for rock salt. Three bids were opened on April 14, 2004 and the lowest bidder conforming with the specifications was North American Salt Company. Their bid was in the amount of $39.62 a ton for the contract year of November 1, 2004 through October 31, 2005. Staff has recommended this bid be awarded to North American Salt. This resolution authorizes the award and the execution of the contract.

 

Councilman Wagner moved to adopt Resolution 04-29. Councilman Maffett seconded the motion which passed as follows:

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

                Nays: None (0)

 

RESOLUTION 04-30

Financial assistance from Issue II funds has been awarded to the City for capital improvements to Aukerman Street. This resolution authorizes the advertisement for bids for this project. Several issues were discussed relating to this project, focusing on the design of a one-block area of Aukerman Street and the calculations of assessments. It was decided to schedule a meeting of the property owners of the one block in question to be held on April 27, 7:00 p.m., at the City Building, to hear their input of this issue. A meeting of all residents has been scheduled for May 25, 7:00 p.m., at the City Building, to discuss all aspects of the project. Exact figures and calculations will be gathered and presented at the May meeting of Council to further consider the assessment issue.

 

Councilman Kirsch moved to adopt Resolution 04-30. Councilman Maffett seconded the motion which passed as follows:

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

                Nays: None (0)

 

RESOLUTION 04-31

With the various new public facilities being constructed along Hillcrest Drive, it has been determined to extend sidewalks along West Main Street, down Camden Road, to the new high school. A total of $235,000 has been budgeted for this project. This resolution authorizes the advertisement for bids for this project.

 

Councilman Kirsch moved to adopt Resolution 04-31. Councilman Renner seconded the motion which passed as follows:

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

                Nays: None (0)


RESOLUTION 04-32

Road widening is planned for a part of Hillcrest Drive (S.R. 732) and Camden Road. Engineering and design for these improvements are being finalized. The Preble County Engineer has agreed to be the construction manager for this project. Along with the budgeted funds, financial assistance has been approved through Issue II. This resolution authorizes the advertisement for bids for this project.

 

Councilman Kirsch moved to adopt Resolution 04-32. Councilman Wagner seconded the motion which passed as follows:

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

                Nays: None (0)

 

RESOLUTION 04-33

Preble County receives Community Development Block Grant money, of which the City annually receives approximately $35,000 of these funds. The City's application will be to reline approximately 1,383' of sanitary sewer on West Spring Street next year, with the engineer's estimate being $66,462. This is a part of the City's sanitary sewer inflow and infiltration program. This resolution authorizes the City Manager to submit the funding request to the Board of Preble County Commissioners for FY2004.


Councilman Renner moved to adopt Resolution 04-33. Councilman Maffett seconded the motion which passed as follows:

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

                Nays: None (0)

 

RESOLUTION 04-34

The City has been awarded approximately $36,000 in FY2003 CDBG funds for the purpose of improving West Chicago Street with an asphalt overlay and curb work. This resolution authorizes the advertisement for bids for this project.


Councilman Wagner moved to adopt Resolution 04-34. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)


RESOLUTION 04-35

This resolution designates the Preble County Area Community Improvement Corporation as the City's agent for industrial, commercial, distribution and research development for a one year period, beginning June 1, 2004.


Councilman Maffett moved to adopt Resolution 04-35. Councilman Renner seconded the motion which passed as follows:

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

                Nays: None (0)

CITY MANAGER'S REPORT

a. A joint meeting with the Preble County Commissioners will be conducted on Wednesday, May 12, 2004, at 1:30 p.m., at the Courthouse.

 

b. Discussions continue with EPA regarding the PTI for the Walmart development. A meeting is set for this Friday.

 

c. Examination and corrections are being discussed regarding concerns with the parking lot at the new Municipal Court.

d. Downtown Eaton Inc. is offering sponsorship of tree cut-outs in the downtown area. For a fee, flowers are provided and participants plant and care for the flowers this summer. Other fund- and interest- raising projects this group is planning were discussed. All were encouraged to support Downtown Eaton Inc. and attend these events.

 

e. The Zoning Code Review Committee will meet on Tuesday, April 20, 6:30 p.m. at Station 2.

 

f. Police Sergeant Vaughn Oburn graduated in March from Police Executives Leadership College.

 

g. The Police Division hosted a train crash investigation course.


h. Police Officer Nick Freisthler continues his current tour of duty in Iraq. He recently sustained an injury, but remains in service. A group of police officers went to Nick's home in Eaton and assisted his wife in completing some spring chores.

 

MAYOR'S REPORT

a. A total of five weddings and two ribbon cuttings have been completed since the March meeting as well as attendance at meetings of the Health Department, School Board, and the CIC. Mayor Stonecash also reported that Pheasant Run is ready to blacktop part of their development with an open house scheduled in the near future. Mayor Stonecash and Councilman Kirsch visited residents recently on Fudge Avenue, discussing the Walmart development with them.

 

b. School Board Member Tony Little was in attendance representing that group. He gave an update on the various school construction projects as being on-schedule and on-budget. There will be a non-hard hat tour on May 15 of the new high school.

 

c. Paul Erslan from the Preble County Educational Services Center was in attendance and gave a review of their construction project. A July move-in date is anticipated. He also reported that Miami University/Middletown and Miami Valley Career Technology Center are investigating joining with ESC.

 

D. The 2003 State of the City will delivered by City Manager Daily to the Rotary Club next Monday.

 

OLD BUSINESS

a. None


NEW BUSINESS

a. EMS Chief Marsha Stonecash discussed staffing concerns during the daytime. Some possible alternatives were discussed. More information will be presented at the May Council meeting for consideration.


B. Rita Rich, 1117 North Maple Street, was present to discuss a lot she owns which is the rear of her home property and fronting the unimproved Cherry Street easement.

 

EXECUTIVE SESSON

Councilman Renner moved to adjourn to Executive Session to discuss litigation and personnel matters with the Law Director present as well as the City Manager, Finance Director and Fire Chief. Councilman Maffett seconded the motion which passed as follows

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

                Nays: None (0)


Councilman Maffett moved to return to regular session. Councilman Kirsch seconded the motion which passed as follows:

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

                Nays: None (0)


Mayor Stonecash announced there was no action taken.

 

ADJOURN

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

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

                Nays: None (0)





_______________________________ ____________________________________

              Deputy Clerk of Council                                                  Mayor

Approved as to form_____________________________________________________

Director of Law