CLERK'S JOURNAL OF THE REGULAR SESSION 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 21, 2005

Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Monday, March 21, 2005, at 7:00 .m., in Council Chambers of the Municipal Building. Tom Haynes 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

                        Ben Maffett

                        Gary Wagner, Vice Mayor

                        Robert Stonecash, Mayor

Absent:          Dave Kirsch

Also in attendance was Dave Daily, City Manager.

MINUTES

Councilman Maffett moved to approve the Clerk's Journal entries for the work session and the regular meeting of February 22, 2005 and the special meeting of March 3, 2005; to accept the tapes as the official minutes for the work session and for the regular meeting of February 22, 2005, and the special meeting of March 3, 2005; and to acknowledge receipt of the February financial reports. Councilman Wagner seconded the motion, which passed as follows:

Ayes: Maffett, Wagner, Stonecash (3)

Nays: None (0)

Abstain: Renner (1)

RESOLUTION 05-11

This resolution honors Public Works employee, Dana Smith, as the City of Eaton's Employee of the Year for 2004. Mayor Stonecash read the resolution in its entirety and presented a copy to Dana.

Councilman Maffett moved to adopt Resolution 05-11. Councilman Renner seconded the motion, which as passed as follows:

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

Nays: None (0)

PROCLAMATION

Mayor Stonecash proclaimed April 10-16, 2005, as Telecommunications Week, honoring our public safety dispatchers. Police Chief Phil Romeo and Dispatcher Susan Lain were in attendance to receive this proclamation.

ADMINISTER OATH TO THE AUDIENCE

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

COMMUNITY HOUSING IMPROVEMENT PROGRAM - PUBLIC HEARING

Mayor Stonecash opened the public hearing on the proposed application for the Community Housing Improvement Program (CHIP). Fran Alvis was present to discuss this application and process. This is the first of two public hearings that will be conducted on the CHIP. This Program offers several funding assistance options for housing for both low-income renters and property owners. Ms. Alvis is the Director of the H.I.T. Foundation, and Council would contract with HIT to administer the day-to-day operations and expenditures of the CHIP, with documentation then been submitted to the City for review, approval, and reimbursement. The public hearing was closed.

ORDINANCE 05-03

This Ordinance amends the zoning on property located 808 East Avenue, Lot #1978, from 'R-1A,' Single Family Residential, to 'R-1B,' Single Family Residential. There was no one in attendance to represent the request. Councilman Wagner noted that Planning Board voted to make an unfavorable recommendation on this request.

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

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

Nays: None (0)

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

Councilman Wagner moved for the denial of Ordinance 05-03. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

ORDINANCE 05-04

This Ordinances accepts additional easements for storm sewer and surface water drainage from Frizzell Construction, Inc., in Meadowbrook Subdivision. These easements will help improve water drainage within the Subdivision.

Councilman Wagner moved for the second reading of Ordinance 05-04, by title only. Councilman Renner seconded the motion, which passed as follows:

Ayes: Renner, Wagner, Stonecash (3)

Nays: None (0)

Abstain: Maffett (1)

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

Councilman Renner moved to adopt Ordinance 05-04. Councilman Wagner seconded the motion, which passed as follows:

Ayes: Renner, Wagner, Stonecash (3)

Nays: None (0)

Abstain: Maffett (1)

ORDINANCE 05-06

This Ordinance amends Section 1363.05 of the Property Maintenance Code, of the Codified Ordinances, entitled "Electrical Equipment." This amendment was recommended by the Building Department, based on a recent change in the Ohio Basic Building Code.

Councilman Renner moved for the first reading of Ordinance 05-06, by title only. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 05-06, by title only.

RESOLUTION 05-14

The City receives approximately $35,000 in CDBG funds each year. This resolution authorizes the City Manager to apply for these funds.

Councilman Renner moved for the adoption of Resolution 05-14. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 05-15

The City's refuse hauler has requested two amendments to the existing refuse contract with the City. These amendments include a 5-day a week schedule for residential pick-up and the elimination of the separate yard waste program. Robin Plessinger was in attendance from Rumpke. This resolution authorizes the City Manager to execute an addendum to the refuse service contract for these changes.

Councilman Wagner moved to adopt Resolution 05-15. The motion was seconded by Councilman Renner and passed as follows:

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

Nays: None (0)

RESOLUTION 05-16

Every five years, it is necessary to designate certain financial institutions as public depositories. This resolution designates the public depositories that are eligible to receive active and/or interim deposits from the City, and authorizes the City's Finance Director to distribute the active deposits and/or interim deposits among these depositories.

Councilman Maffett moved to adopt Resolution 05-16. The motion was seconded by Councilman Renner and passed as follows:

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

Nays: None (0)

RESOLUTION 05-17

In completing the Aukerman Street project, it is necessary to obtain an additional easement from 22 of the property owners along Aukerman Street. Seventeen property owners have already sold this needed easement to the City. With the project progressing, it is necessary to secure the needed easements from the other five property owners. This resolution declares the City's intent to appropriate sidewalk, curb and gutter and municipal utilities easements from the remaining five property owners.

Councilman Wagner moved to adopt Resolution 05-17. The motion was seconded by Councilman Maffett and passed as follows:

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

Nays: None (0)

RESOLUTION 05-18

Following up on the information he presented to Council at its March 3, 2005 meeting, Fire Chief Crowe made a further presentation on the FEMA's Assistance Firefighters Grant. If this grant is obtained, it will be possible to purchase high-priced fire apparatus at a fraction of the cost. Council agreed this grant was a great means of procuring new fire equipment while saving the taxpayers' money. This resolution authorizes Chief Crowe to apply for the grant, with the City's contribution to the purchase of the new apparatus not to exceed thirty percent of the total price.

Councilman Kirsch moved to adopt Resolution 05-18. The motion was seconded by Councilman Wagner and passed as follows:

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

Nays: None (0)

GOVERNMENT CLASS

High school students were welcomed and dismissed.

CITY MANAGER'S REPORT

a. Work has just re-started on the Crystal Lake Project. Approximately 75% of the clean-out work is complete. Two groups have offered to assist in re-stocking lake when it is ready.

b. Recently, the renewal of annual fire and squad contracts with neighboring townships were approved. Jackson Township has inquired if it may keep the City's fire services and drop the EMS. It was recommended by the City Manager that either both services are provided, or none. Council concurred in this recommendation.

c. Possible locations for a new water tower were discussed. It was agreed upon that the property to the south fringe of Fort Clair, just off of Camden Road, which is owned by the City, was the most desirable location.

d. There will be investigation of storm sewer lines on South Barron Street, in the area of the library, to determine the cause of some recent drainage problems in that area.

e. The bid for the City's property, casualty and liability insurance will be opened on April 13, 2005, and it is anticipated that the bid will be awarded at the April 18, 2005 Council meeting.

f. Bidding for a storm sewer project for an area just north of the current Aukerman Street project will take place in May.

g. A recent meeting with DP&L officials indicates that a rate increase will be taking place in 2006 for both residential and commercial customers.

h. As a follow-up from the February Council meeting, the attorney for Maurice Duggins, owner of property on Dairy Lane reportedly in violation of the property maintenance code, indicated that the property will be cleaned up by mid-April.

i. Mr. Daily attended the Preble County Commission meeting today, at which a favorable vote was given on the proposed annexation of the acreage to the north of the YMCA owned by John and Eleanor Hake.

j. Police Officer Brian Carpenter has returned home from his National Guard duties in Bosnia and is back to regular patrol duties. Police Sergeant Vaughn Oburn's condition was reported to be improving following his recent open-heart surgery.

k. The City's Finance Department received a commendation from the State for their excellence in reporting duties under the recently established new standards.

l. Upcoming openings/meetings reported were Preble County Mitigation Committee on Thursday, March 24, 6:00-8:00 p.m., at Station 2; Walmart pre-grand opening Tuesday, March 22, at 6:00 p.m.; Walmart grand opening Wednesday, March 23, 7:30 a.m.; and the annual Health Department meeting on Monday, March 28, at 7:00 p.m., at their new facility on Hillcrest Drive. A 'welcome back' to the local 1487^th National Guard is being planned for July 2, 2005 at the Fairgrounds. Councilman Ben Maffett will be attending an upcoming organization meeting.

OLD BUSINESS

None.

NEW BUSINESS

None.

EXECUTIVE SESSION

Councilman Renner moved to adjourn to Executive Session to discussion legal issues with the Law Director, who was present, the City Manager, the Finance Director and the Police Chief. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

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

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

Nays: None (0)

Mayor Stonecash announced there was no action taken.

ADJOURN

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

Ayes: Renner, Maffett, Wagner (3)

Nays: Stonecash (1)

___________________________ ____________________________

Deputy Clerk of Council Mayor

Approved as to form____________________________________________

Law Director