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 TUESDAY, FEBRUARY 22, 2005

Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Tuesday, February 22, 2005, at 7:00 p.m., in Council Chambers of the Municipal Building. Police Chief Phil Romeo delivered the invocation and led the pledge to the flag. The Deputy Clerk called the roll and found the following to be:

Present: Dave Kirsch

Ben Maffett

Gary Wagner, Vice Mayor

Robert Stonecash, Mayor

Absent: Joe Renner

Also in attendance was Dave Daily, City Manager.

MINUTES

Councilman Kirsch moved to approve the Clerk's Journal Entries for the regular meeting of January 18, 2005 and the special meeting of February 7, 2005, to accept the tapes as the official minutes for the regular meeting of January 18, 2005 and the special meeting of February 7, 2005, and to acknowledge receipt of the January financial reports. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

PROCLAMATION

Mayor Stonecash proclaimed March to be "Red Cross Month." In attendance to represent the Red Cross were Kevin Johnston and Edie Adkins.

RESOLUTION 05-10

This resolution honors Police Officers Eric Beeghly and Scott Eversole, Police Chief Phil Romeo, Firefighter Joel Galloway and Fire Chief Rick Crowe for their remarkable rescue of eight people at the December 27, 2004 High Street fire. Mayor Stonecash read this resolution in its entirety. The honorees were in attendance to accept this honor.

Councilman Kirsch moved to adopt Resolution 05-10. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

ANNUAL REPORTS

The 2004 annual reports were distributed.

ADMINISTER OATH TO AUDIENCE

The oath was administered to the audience who wished to address Council at the Public Hearing.

ORDINANCE 05-03

This Ordinance amends the zoning on property located at 808 East Avenue from 'R-1A' Single Family Residential to 'R-1B,' Single Family Residential. Mayor Stonecash opened the Public Hearing. There was no one in attendance to represent the request during the public hearing. The public hearing was closed. Councilman Wagner noted that Planning Board had voted unanimously to make a unfavorable recommendation on this request.

Councilman Kirsch moved for the first reading of Ordinance 05-03, by title only. Councilman Maffett seconded the motion, which passed as follows:

Ayes: Maffett, Wagner, Stonecash (3)

Nays: Kirsch (1)

Law Director Donnette Fisher read Ordinance 05-03 by title only.

ORDINANCE 05-04

This Ordinance accepts additional easemenst for storm sewer and surface water drainage from Frizzell Construction, Inc., in the Meadowbrook Subdivision. The City Engineer recommended to the developer that three additional easements be granted to the City to help improve water drainage within the subdivision.

Councilman Wagner moved for the first reading of Ordinance 05-03, by title only. Councilman Kirsch seconded the motion, which passed as follows:

Ayes: Kirsch, Wagner, Stonecash (3)

Nays: None (0)

Abstain: Maffett (1)

Law Director Donnette Fisher read Ordinance 05-04 by title only.

ORDINANCE 05-01

This Ordinance amends the zoning on the property located at 111 West High Street, from 'C-4,' Central Commercial, to 'R-2,' Central Residential. The property owner, Terry Mantle, represented the request. Councilman Wagner noted that Planning Board had voted unanimously to make a favorable recommendation on this request, finding that a residential zoning designation would be more appropriate for the area.

Councilman Kirsch moved for the second reading of Ordinance 05-01, by title only. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 05-01 by title only.

Councilman Maffett moved to adopt Ordinance 05-01. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

ORDINANCE 05-02

This Ordinance accepts the dedication of right-of-way along Hillcrest Drive and Camden Road, and a public walkway easement along Camden Road, from the Board of Education for Eaton Community Schools.

Councilman Kirsch moved for the second reading of Ordinance 05-02, by title only. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 05-02 by title only.

Councilman Maffett moved to adopt Ordinance 05-02. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

ORDINANCE 05-05

This ordinance adopts the City's final appropriations for 2005 fiscal year. In accordance with Section 3.03 of the City's Charter, Council suspended the rules requiring two readings of the Ordinance, so that it could be passed immediately, as required.

Councilman Wagner moved for the reading of Ordinance 05-05, by title only. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 05-05 by title only.

Councilman Wagner for the adoption of Ordinance 05-05. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 05-05

This resolution authorizes the City Manager to enter into a management agreement with the Greater Dayton YMCA that will allow for its operation of the City's swimming pool for the 2005 season.

Councilman Maffett moved for the adoption of Resolution 05-05. Councilman Kirsch seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 05-06

As required by law, this resolution indicates what services the City will provide or make available to the 54.224 acres behind the Preble County YMCA proposed for annexation to the City.

Councilman Kirsch moved to adopt Resolution 05-06. The motion was seconded by Councilman Wagner and passed as follows:

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

Nays: None (0)

RESOLUTION 05-07

This resolution states Council's support for Fairfield Homes, Inc.'s application to the Ohio Housing Finance Agency's Low Income Housing Tax Credit Program for Fairfield Homes' redevelopment of the Eaton Terrace apartment complex.

Councilman Kirsch moved to adopt Resolution 05-07. The motion was seconded by Councilman Maffett and passed as follows:

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

Nays: None (0)

RESOLUTION 05-08

This resolution authorizes the City Manager to enter into the annual contracts for the provision of fire and emergency medical services to Washington Township, Dixon Township, and Jackson Township.

Councilman Wagner moved to adopt Resolution 05-08. The motion was seconded by Councilman Maffett and passed as follows:

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

Nays: None (0)

RESOLUTION 05-09

This resolution directs the City Manager to request applications for the deposit of public funds, in accordance with the Uniform Depository Act.

Councilman Wagner moved to adopt Resolution 05-09. The motion was seconded by Councilman Maffett and passed as follows:

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

Nays: None (0)

CITY MANAGER'S REPORT

a. The City Manager presented a draft resolution that states the City's desire to send a message to the State regarding local government and school funding. There is increasing state-wide concern of the State's continuing cuts to the local government funds. A special meeting of Council is being considered for the adoption of this resolution. The possibility of inviting state representatives Keith Faber and Jim Jordan to future Council meetings was discussed.

b. An engineering firm has been selected for the water treatment plant expansion and the placement of new water tower. A $750,000 grant is being applied for these projects.

c. Upcoming bid projects for 2005 include an upgrade of the head works in the Public Works Division and the sanitary sewer reline CDBG project on West Spring Street.

d. City refuse hauler, Rumpke, contacted the City with some possible changes to the existing contract. They would like to begin a 5-day a week trash route, maintaining just one Eaton crew and truck. Also, they would like to eliminate the yard waste program and allowing residents to place yard waste in their weekly trash. Council supported these changes and modifications to the contract will be brought back at Council's next meeting.

e. Fran Alvis of the HIT Foundation will be attending Council's March and April meetings to address the completion of an application for strategy and improvements to community housing.

f. The waterline portion of the Aukerman Street project, as well as the sanitary sewer relining project, are in their final phases. Letters were sent to the 22 residents of Aukerman Street between Division and North Streets in an effort to obtain additional right-of-way for the widening of the street. Of the 22, 13 residents have responded. An extension will be offered.

g. While the cleanup of Crystal Lake is at a standstill for the winter season, plans for completion of this project, as well as improvements to the bank areas, are being made. The Preble County Rod and Gun Club has offered to stock the lake when it is complete.

h. Paul Erslan of the Preble County Educational Service Center requested consideration of using the Youth Center during school hours to conduct a 'school' for Preble County upper elementary students who are suspended from attending their regular school. Certain furniture would have to remain in place and considering the considerable amount of remodeling recently done at the Youth Center, it was agreed not to allow this activity at the Youth Center at this time.

i. Congratulations were extended to Police Chief Phil Romeo on his recent graduation from the 'Certified Law Enforcement Executive,' an elite course for the mastery of overall management skills offered by the State. It was noted acceptance to this program is very limited as there have only been 90 graduates since its inception in 1996.

j. Since t he Ohio State Highway Patrol moved its local operation from Preble County to Englewood a few years ago, there has been a decline of OSP patrols for the County. OSP Lieutenant Peck is overseeing the resurrection of the resident trooper program whereby officers would be assigned to remain in their home county. Currently, there are seven OSP officers residing in Preble County and it is believed that two would be assigned permanent patrol of this area. Council is very much in support of these efforts.

OLD BUSINESS

a. Fred Tillery of 212 Dairy Lane, was in attendance to request Council's assistance in pursuing of neighboring property owner, Maurice Duggins, in cleaning up his property, the former Food Filters building, which he has turned into a lot of 'junk' vehicles. The Zoning Official, Bob Wehrley, has sent Mr. Duggins a letter, again, and this situation will be monitored.

NEW BUSINESS

a. Resolution 05-11. Chris Adkins submitted his resignation to the Planning Board, and Stanley Spencer has expressed interest in being appointed to the Planning Board in the vacated seat. Councilman Wagner moved to accept Mr. Adkins' resignation, and Councilman Kirsch moved to appoint Stanley Spencer to the Planning Board for a term expiring December 31, 2007. Councilman Maffett moved to second the motion which passed as follows:

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

Nays: None (0)

b. The status of some of the recently fire-damaged homes were reviewed, in particular homes in the City owned by Greg Parsley. Zoning Official Bob Wehrley has been in contact with Mr. Parsley and inspections are being closely monitored on not only the burned homes, but of a number of his homes in the City.

c. Along with the improvement project on Aukerman Street, the disrepair of the street and the winter weather, there were some potholes of concern in that area. These will be corrected immediately.

EXECUTIVE SESSION

Councilman Wagner moved to adjourn to Executive Session to discuss personnel issues with the City Manager. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

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

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

Nays: None (0)

Mayor Stonecash announced there was no action taken.

EMPLOYEE OF THE YEAR

Councilman Wagner moved to name Public Works employee, Dana Smith, as Employee of the Year for 2004. She will be honored at the March meeting.

ADJOURN

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

Ayes: Maffett, Wagner, Stonecash (3)

Nays: Kirsch (1)

_____________________________________ _____________________________________

Deputy Clerk of Council Mayor

APPROVED AS TO FORM_____________________________________________________

Law Director

CLERK'S JOURNAL OF THE WORK SESSION OF

THE COUNCIL OF THE CITY OF EATON, OHIO, HELD IN THE

COUNCIL CHAMBERS OF THE MUNICIPAL BUILDING,

AT 6:00 P.M., ON MONDAY, FEBRUARY 22, 2005

Mayor Robert Stonecash called to order the work session of Eaton City Council on Tuesday, February 22, 2005, at 6:00 p.m., in the Council Chambers of the Municipal Building. The Clerk called the roll and found the following to be:

ROLL CALL

Present: Dave Kirsch

Ben Maffett

Gary Wagner, Vice Mayor

Robert Stonecash, Mayor

Absent: Joe Renner

Also in attendance was City Manager Dave Daily and Preble County Economic Director Jon Hartman.

Jon Hartman distributed the 'draft' of the 2005-2007 Strategic Plan for Economic Development and reviewed the information contained in that report. After their review, Council will respond to this report at a future date. Some pending local economic issues and the local support of continuing local government funding by the State were discussed.

ADJOURN

Councilman Maffett moved to adjourn the work session. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

_____________________________________ _____________________________________

Clerk of Council Mayor

APPROVED AS TO FORM_____________________________________________________

Law Director