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, SEPTEMBER 19, 2005

Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Monday, September 19, 2005, at 7:00 p.m., in Council Chambers of the Municipal Building. Father Tom Fitzsimmons delivered the invocation and led the pledge to the flag. The Deputy Clerk called the roll and found the following to be:

Absent: Joe Renner

David Kirsch

Ben Maffett

Gary Wagner, Vice Mayor

Robert Stonecash, Mayor

Absent: None

Also in attendance was Dave Daily, City Manager

CHANGE IN AGENDA

Mayor Stonecash announced there would a slight change in the agenda with Resolution 05-44 being read first.

RESOLUTION 05-44

At Council’s August meeting, Heather Beatty explained the plight of the people of Sierra Leone as well as her hopes of extending some assistance to this community. This resolution reflects Eaton City Council’s support of this project.

Councilman Kirsch moved to approve Resolution 05-44. The motion was seconded by Councilman Wagner and passed as follows:

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

Nays: None (0)

Mayor Stonecash read the resolution in full and presented a copy to Mrs. Beatty.

The Mayor then read a letter regarding appreciation for Police Officer Pete Wray’s service as he, along with some Preble County Deputies, traveled to Ocean Springs, Mississippi to assist after Hurricane Katrina.

PREBLE COUNTY COMMISSIONERS

Preble County Commissioners David Wesler, Jane Marshall and Bill Withrow, along with Assistant Prosecutor Katie Worthington, County Administrator Ken Moreland, Clerk Connie Crowell and Preble County Economic Director Jon Hartman, were in attendance for their regular joint meeting with Council. Topics discussed included: Update of developments in the County at 127/70, along Route 40; the ‘zero’ system which would efficiency burn trash at the landfill; the CHIP program; the Hurricane Katrina donation drive; Preble Drive extension; security at the Fairgrounds; the Aukerman Street project; the City’s location of the proposed water tower; the Crystal Lake project; the north-end development in the City; the City’s Bicentennial for 2006; new Christmas lights at the Courthouse; and use of the Courthouse square for various Downtown Eaton Inc. events throughout the summer. The Commissioners adjourned and left the meeting.

MINUTES

Councilman Maffett moved to approve the Clerk’s Journal entries for the regular meeting of August 15, 2005, to accept the tapes as the official minutes for the regular meeting of August 15, 2005, and to acknowledge receipt of the August financial reports. The motion was seconded by Councilman Renner and passed as follows:

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

Nays: None (0)

ORDINANCE 05-19

Section 509.08 of the Codified Ordinances, ‘Juvenile Curfew’ has been updated. This ordinance reflects those changes.

Councilman Kirsch moved for the first reading, by title only, of Ordinance 05-19. The motion was seconded by Councilman Maffett.

Discussion was held and it was decided that an updated and corrected legislation would be presented prior to the October Council meeting with the vote on the first reading scheduled at that time.

Councilman Wagner moved to table Ordinance 05-19, Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

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 first reading of Ordinance 05-20, by title only. The motion was seconded by Councilman Maffett 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.

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. It

was determined that a committee would be formed of all Council members to also review this information. That committee has met on three occasions to date and it is anticipated that their review will be completed by the October 17, 2005 Council meeting.

Councilman Wagner moved to table Ordinance 05-13. Councilman Renner seconded the motion, which passed as follows:

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

Nays: None (0)

Councilman Wagner moved to table Ordinance 05-14. Councilman Renner seconded the motion, which passed as follows:

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

Nays: None (0)

Councilman Wagner moved to table Ordinance 05-15. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

Councilman Wagner moved to table Ordinance 05-16. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

ORDINANCE 05-17

This ordinance makes modifications to Chapter 555 of the Codified Ordinances, titled “Weeds,” to mirror changes made in the Property Maintenance Code and to streamline the methods of enforcement.

Councilman Kirsch moved for the second reading of Ordinance 05-17, by title only. The motion was seconded by Councilman Renner and passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 05-17, by title only.

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

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

Nays: None (0)

RESOLUTION 05-45

Negotiations are complete with the Fraternal Order of Police/The Ohio Labor Council for the police and public safety dispatchers, whose current labor contract expired on June 30, 2005. This proposed new three-year agreement begins July 1, 2005.

Councilman Kirsch moved to approve Resolution 05-45. The motion was seconded by Councilman Maffett and passed as follows:

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

Nays: None (0)

RESOLUTION 05-46

This resolution will be heard at the next meeting of Eaton City Council.

RESOLUTION 05-47

As detailed in Ordinance 05-20, the newly annexed 55 acres is situated to the rear of the YMCA. It has been proposed that Preble Drive be extended north through land owned by the Preble County Commissioners and the Church of the Nazarene, as well as through a part of this 55 acres. This would give roadway frontage to this annexed land. As the roadway has not been constructed at this time, this resolution records the actual easements for the proposed extension, but does not accept actual dedication of the street.

Councilman Kirsch moved to approve Resolution 05-46. The motion was seconded by Councilman Renner and passed as follows:

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

Nays: None (0)

RESOLUTION 05-48

The Preble County Sanitary Landfill has advised the City’s refuse hauler, Rumpke, that the commingling of tires with the regular or recycled trash cannot be done anymore due to EPA regulations. This resolution makes authorizes an addendum to the City’s contract with Rumpke, discontinuing the pickup of tires street-side, and authorizes the City Manager to execute this addendum.

Councilman Maffett moved to approve Resolution 05-48. The motion was seconded by Councilman Kirsch and passed as follows:

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

Nays: None (0)

CITY MANAGER’S REPORT

a. City Manager Dave Daily presented a recap of the Crystal Lake project. It is now desired to do work on the west bank of the lake to curtail erosion, in part owned by the Country Club. It will be proposed to the Club to assist in some of the expense.

OLD BUSINESS

None.

NEW BUSINESS

a. City Manager Dave Daily discussed the Comprehensive Development Plan. Two zoning amendment applications have recently come to Planning Board. They both have received negative recommendations, in part, due to the Comprehensive Development Plan. It was decided to have Planning Board review the area of North Barron Street, on the west side from the Brethren Church to the resident just south of Wendy’s and, on the east side from Miller Avenue to the residence just south of Fifth Third. It was thought that this could be ‘special planning’ area.

b. A special Council meeting will be conducted on Tuesday, September 27, 2005, at 6:00 p.m., in Council Chambers. One of the topics to be discussed will be the formula to distribute local government funds.

c. The Fire Department’s annual Chicken Barbeque will be held this Saturday, September 24.

d. Councilman Kirsch asked for consideration of budgeting for new signs at the City’s entry points.

EXECUTIVE SESSION

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

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

Nays: None (0)

Councilman Kirsch 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.

Councilman Maffett moved to reject the Settlement Offer from the Wilkinsons, as outlined in a letter from Attorney Gus Ross. Councilman Renner seconded the motion, which passed as follows:

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

Nays: None (0)

The Courthouse Christmas lights were discussed. Also, the Economic Director position was discussed.

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