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, OCTOBER 17, 2005

Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Monday, October 17, 2005, at 7:00 p.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

David Kirsch

Ben Maffett

Gary Wagner, Vice Mayor

Robert Stonecash, Mayor

Absent: None

Also in attendance was Dave Daily, City Manager

MINUTES

Councilman Renner moved to approve the Clerk’s Journal entries for the regular meeting of September 19, 2005 and the special meeting of September 27, 2005, to accept the tapes as the official minutes for the regular meeting of September 19, 2005 and for the special meeting of September 27, 2005, and to acknowledge receipt of the September financial reports. The motion was seconded by Councilman Maffett and passed as follows:

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

Nays: None (0)

OATH ADMINISTERED

No one in the audience wished to take the oath to speak during the public hearing.

ORDINANCE 05-21

Mayor Stonecash opened the Public Hearing on the assignment of permanent zoning of ‘P-1’ Professional Services to the 54.224 acres that was recently annexed to the City north of the YMCA. Planning Board voted unanimously to assign P-1 to this annexed land. The Public Hearing was closed.

Councilman Kirsch moved for the first reading of Ordinance 05-21, by title only. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 05-21, by title only.

ORDINANCE 05-19

Section 509.08 of the Codified Ordinances, ‘Juvenile Curfew’ has been amended to clarify the City’s juvenile curfew requirements and to give the Eaton Police Department more strength in enforcing those requirements.

Councilman Kirsch moved to un-table Ordinance 05-19. The motion was seconded by Councilman Maffett, which passed as follows:

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

Nays: None (0)

Councilman Kirsch moved to amend Ordinance 05-19. The motion was seconded by Councilman Maffett, which passed as follows:

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

Nays: None (0)

Councilman Kirsch had moved for the first reading, by title only, of this Ordinance at the September 19, 2005 Council meeting. Councilman Maffett had seconded the motion. Mayor Stonecash called for the vote on the first reading, which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 05-19, by title only.

ORDINANCE 05-20

Recently, Council approved the John and Eleanor Hake annexation of approximately 55 acres, behind the YMCA on West Washington-Jackson Road. This ordinance directs the Law Director to file a petition with the County Commissioners to detach this land from Washington Township.

Councilman Kirsch moved for the second reading of Ordinance 05-20, by title only. The motion was seconded by Councilman Wagner and passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 05-20, by title only.

Councilman Maffett moved for the adoption of Ordinance 05-20. The motion was seconded by Councilman Renner and passed as follows:

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

Nays: None (0)

ORDINANCES 05-13, -14, -15, -16

At their regular August meeting, Council was presented with the revised Unified Development Code as reviewed and favorably recommended by the Planning Board. A first reading of each of the ordinances was conducted at that time. It was determined that a committee would be formed of all Council members to also review this information. That committee has met and their review is complete. It was requested that a final copy of the UDO be distributed to Council prior to un-tabling these items. Final action on the UDO will be completed at the November 7 Council meeting.

RESOLUTION 05-51

A Solid Waste District Plan was presented for Council’s adoption. Lisa Stevens from the Preble County Solid Waste District was in attendance and reviewed some of the points of that Plan. This resolution adopts that Plan.

Councilman Kirsch moved to approve Resolution 05-51. The motion was seconded by Councilman Renner and passed as follows:

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

Nays: None (0)

RESOLUTION 05-52

Preble County Emergency Management Agency had presented a Mitigation Plan for Natural Disasters to be adopted by Council. This resolution adopts the Plan.

Councilman Maffett moved to approve Resolution 05-52. The motion was seconded by Councilman Wagner and passed as follows:

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

Nays: None (0)

CITY MANAGER’S REPORT

a. The local Dairy Queen on North Barron Street recently sold and is in process of being remodeled to be re-opened as a DQ. Some existing issues regarding this facility were discussed.

b. Last week was the annual Fire Prevention Week. Chief Crowe reported that seven EFD volunteers visited with some 1500 children in the City.

c. Recently, a resolution adopting the CHIP grant policy and procedures had been tabled. A grant agreement was recently submitted to the City to be executed. Law Director Donnette Fisher is in process of reviewing certain details of this CHIP approval and an update will be forthcoming.

d. The FY04 CDBG project, the West Spring Street Sanitary Sewer Reline, is complete.

e. Due to the lack of a quorum, the regular Planning Board meeting scheduled for October 11 had to be re-scheduled for Tuesday, October 18. Amendments to the Comprehensive Development Plan will be discussed at that time.

f. Economic Development issues were reviewed: City Manager Dave Daily and Finance Director Leslie Renner attended a seminar regarding the TIF program, U.S. Bank will be scheduling a meeting of several city, village, county officials regarding the benefits of the TIF program; the former Pizza Hut building on North Barron Street is being marketed by Terry Miller with no interest shown at this time; the possibility for a motel to be built in the area of Wal-Mart has halted; and Eaton Center is reportedly going to be modernized by getting a ‘facelift.’

g. Police Officer Brian Carpenter was recently activated by his National Guard unit and deployed to Southern Louisiana to serve as security for convoys. He has now returned home and is expected back to work soon.

h. A Council meeting was requested for Monday, November 7, 2005, at 7:00 p.m. It is anticipated that the budget process will begin at that time.

i. A softball game between the Preble County Sheriff’s Department and the Eaton Police Division was recently played to benefit United Way. The final score was 10-9, EPD.

j. Mayor Stonecash reported that Aukerman Street is nearing completion and has been a fine project for the City, improving infrastructure and roadway.

OLD BUSINESS

a. Councilman Wagner inquired if there was accounting information submitted by the YMCA for the operation of the pool this past summer. Exact figures have not been received yet, but a loss of approximately $35,000 is anticipated.

b. Initial figures are also not available for EMS soft billing as this procedure has just started.

NEW BUSINESS

a. Parks and Recreation Board met on October 11, 2005. Issue 6, which will be on the upcoming general election ballot, was discussed. This issue proposes to prohibit the construction or maintenance of any type of a water storage unit or device at Fort St. Clair. Literal interpretation would not only prohibit new water fountains, skating rinks, etc., from being built, but could also affect the existing water lines, sanitary sewer facilities, water fountains that exist there now. Chairman Craig Moormeier and the members of the Parks Board composed a letter to the editor of the Register Herald that would ask Eaton citizens to consider all points of this question.

b. Also discussed at the Parks meeting was the possibility of developing the Seven Mile Park into soccer fields, instead of softball fields. The softball fields would remain at the DP&L fields. High costs to develop the new softball fields as well as growth of the soccer program were two factors contributing to this changed development idea. Further investigation will be made into this switch.

c. Eaton Police Division received a $25,000 grant from the Timken Company. The grant is to be used for radios. Chief Romeo explained that FCC regulations will be changing so that not only the radios will need updated, but also the dispatch communication equipment. One of the benefits of this upgrade in all equipment is that all City and County divisions would be able to communicate with each other. The estimated total for this entire project would be $40,000. Council did concur that the entire project should be considered; bids will be open in November and Council will consider the award at their November 21 meeting.

d. Michele Hiestand was in attendance to discuss Issue 6 on the November 8 ballot. She wished to clarify that the initiative petition and subsequent question in the general election was to only prohibit the construction of a new water tower at Fort St. Clair, even though that is not the way the ordinance is worded.

EXECUTIVE SESSION

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

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

Nays: None (0)

Councilman Renner moved to return to regular session. Councilman Maffett 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.

ECONOMIC DIRECTOR POSITION

A proposed employment contract for the County Economic Director had been presented. Funding issues for this will be discussed with the upcoming 2006 budget sessions starting with the November 7 Council meeting.

ADJOURN

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

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

Nays: Kirsch (1)

________________________________ ______________________________

Deputy Clerk of Council Mayor

Approved as to form____________________________________________________

Law Director