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, MARCH 15, 2004

Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Monday, March 15, 2004, at 7:00 p.m. in Council Chambers of the Municipal Building. Wes Brubaker 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.

LETTER OF APPRECIATION

Wes Brubaker read a letter from the Ministerial Association thanking Council for their recent action in adopting regulations regarding sexually oriented businesses.

RESOLUTION 04-23

This resolution names the 2003 Employees of the Year. Each supervisor introduced their Employee of the Year as Council honored them. They were as follows: Rob Ullery, Public Maintenance; Chris Denlinger, Public Works; Cory Herrmann, Police Division; Bill Hines, Fire Division; Pam Long, EMS Division; Marsha Shannon, Administration.

Councilman Kirsch moved to adopt Resolution 04-23. Councilman Renner seconded the motion which passed as follows:

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

Nays: None (0)

MINUTES AND FINANCIAL REPORTS

Councilman Renner moved to approve the Clerk's Journal Entry for February 17, 2004, to accept the tapes as the minutes for the February 17, 2004 meeting and to acknowledge receipt of the financial reports for February. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

ORDINANCE 04-10

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

Councilman Kirsch moved for the first 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.

ORDINANCE 04-11

Since approximately 1965, annexations to the City have not been properly detached from Washington Township, though that had always been intention. This ordinance will allow the process to be proerly completed and will detach said land from Washington Township that has been previously annexed into the City. This ordinance does not include the Rocky Run annexation as discussed in Ordinance 04-10.

Councilman Renner moved for the first 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.

RESOLUTION 04-20

Council authorized the advertisement of bids for the purchase of a new police cruiser, bids were opened on March 10 for this purchase and three bids were received. This resolution awards the purchase to Rodney Cobb Chevrolet in the total amount of $18,019.23 less the trade-in amount of $5,000 with a net bid of $13,019.23 and is for a 2004 Chevrolet Impala.

Councilman Renner moved to adopt Resolution 04-20. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

Abstain: Kirsch (1)

RESOLUTION 04-21

Council authorized the advertisement of bids for the City's portion of the roadway extension of Washington-Jackson Road and the Aukerman Street extension. This resolution awards the bid to Miller Brothers of Tipp City, Ohio, in the total amount of $417,305.14.

Councilman Kirsch moved to adopt Resolution 04-21. Councilman Maffett seconded the motion which passed as follows:

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

Nays: Renner (0)

RESOLUTION 04-22

The Public Maintenance Division is needing to replace a mower. This resolution authorizes bids to advertised for this purchase.

Councilman Renner moved to adopt Resolution 04-22. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

CITY MANAGER'S REPORT

a. City Manager Dave Daily reported an update on the Aukerman Street project.

b. Mr. Daily updated the proposed approval timeframe for the City's updated zoning code.

c. Washington Township would like to purchase 2 chip-and-seal units for their roadway repairs. The City no longer uses this equipment and will not be needing it in the future. Council concurred that the equipment should be sold to Washington Township and a value of $200 per unit was determined. There will be an auction of additional unused City equipment in April.

d. Mayor Stonecash read thank you letters from the local Sister City organization and from the Girl Scouts.

e. Councilman Maffett reported on items discussed at the Eaton Community School Board meeting. Teresa Schmidt was in attendance at Council's meeting representing the School Board.

f. Mayor Stonecash reported on his tour of a 3-unit building at Pheasant Run Village recently. Kent Garber would like to attend an upcoming Council meeting to report on the progress at this development.

OLD BUSINESS

a. Permanent 'welcome' signs into the City were discussed.

NEW BUSINESS

a. Cy Acheson, 161 Deer Trail Drive, discussed his concerns regarding the extension of the sanitary sewer from Deer Trail to the new high school.

b. The possibility of requiring permits to install fences in the City was discussed. Options regarding this will be considered during the course of the zoning code committee meetings.

c. The re-naming of Preble Drive to a name memorializing Tom Hayes was discussed. His family will be conferred with first to determine their wishes and any further action will be considered at a later date.

EXECUTIVE SESSON

Councilman Kirsch 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, Engineer, Greg Frost and Andy Eddy. 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 Renner 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.

COMPENSATION ADJUSTMENT

Councilman Renner moved to set the annual compensation for the Law Director to $62,000 per year, effective immediately. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

ADJOURN

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

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

Nays: None (0)

_______________________________ ____________________________________

Deputy Clerk of Council Mayor