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

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 TUESDAY, FEBRUARY 21, 2006

Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Tuesday, February 21, 2006, at 7:00 p.m., in Council Chambers of the Municipal Building. Father Fitzsimmons 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 Kirsch moved to approve the Clerk’s Journal entries for the regular meeting of January 17, 2006, and to accept the tapes as the official minutes for the regular meeting of January 17, 2006, and to acknowledge the January financial reports. The motion was seconded by Councilman Renner and passed as follows:

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

Nays: None (0)

Abstain: Maffett (1)

APPEARANCE OF SCOTT WORLEY

Scott and Ruth Worley generously donated an oil painting of the Bruce Mill to the City. Mayor Stonecash presented them with an appreciation proclamation. Mr. Worley gave some background of the painting as well as of his family.

APPEARANCE OF RHONDA MARTIN

Rhonda Martin is a candidate in the May primary for the Preble County Commission seat up for election this year. She was in attendance to introduce herself to Council.

OATH TO AUDIENCE

No one wished to take the oath.

PUBLIC HEARING - WATER PROJECTS

Mayor Stonecash opened a Public Hearing on the upcoming water department projects, improvements at the Black Plant and the construction of a new water storage tank. Public Works Superintendent Andy Eddy explained the various details of each project. The Public Hearing was closed.

ORDINANCE 06-02

In order to cover the operational, maintenance and expansion costs of the City’s water treatment and distribution system, it is necessary to increase water rates. This ordinance reflects this increase.

Councilman Renner moved for the second reading of Ordinance 06-02, by title only. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

Council Minutes

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February 21, 2006

Law Director Donnette Fisher read Ordinance 06-02, by title only.

Councilman Renner moved for the adoption of Ordinance 06-02, by title only. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

ORDINANCE 06-03

In order to better clarify the issue and keeping the interest of the majority of Eaton citizens, a slight modification to Ordinance 05-18, an ordinance prohibiting the construction of a new water storage facility at Fort St. Clair, was proposed.

Councilman Renner moved for the first reading of Ordinance 06-03, 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 06-03, by title only.

ORDINANCE 06-04

The Unified Development Code was passed recently. There were some modifications to certain zoning districts. To bring the current zoning map in agreement with the UDO, current zoning designations must be given to these various areas. This ordinance identifies these particular changes. As there are some pending zoning matters, this ordinance was declared to be an emergency.

Councilman Kirsch moved for the reading of Ordinance 06-04, by title only. 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 06-04, by title only.

Councilman Wagner moved for the adoption of Ordinance 06-04, by title only. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

ORDINANCE 06-05

This ordinance details the appropriations for the City’s 2006 fiscal year.

Councilman Kirsch moved for the reading of Ordinance 06-05, 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 06-05, by title only.

Council Minutes

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February 21, 2006

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

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

Nays: None (0)

RESOLUTION 06-03

ODOT has proposed an “Urban Paving” project for the State Route 122 through the City. This resolution authorizes the City Manager to execute all documents necessary for this project.

Councilman Renner moved for the adoption of Resolution 06-03. Councilman Kirsch seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 06-05

Concerns have arisen with the Ohio Gateway Development Council (OGDC) recently. Council had adopted legislation, Resolution 05-65, that would have funded $1,250 in 2006 to the Preble Area CIC, to be used to hire an economic director through the OGDC. It is now Council’s determination not to expend that money and, therefore, this resolution rescinds resolution 05-65.

Councilman Renner moved for the adoption of Resolution 06-05. Councilman Kirsch seconded the motion, which passed as follows:

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

Nays: None (0)

Mr. Renner stated his disappointment with this situation.

RESOLUTION 06-06

This resolution authorizes the City Manager to sign the annual Fire and EMS contracts with neighboring Washington, Dixon and Jackson Townships.

Councilman Maffett moved for the adoption of Resolution 06-06. Councilman Kirsch seconded the motion, which passed as follows:

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

Nays: None (0)

ANNUAL REPORT

The annual report from the City Manager and each division reflecting activity for 2005 were distributed to Council.

Council Minutes

Page 4

February 21, 2006

DIVISION REPORTS

Division heads in attendance each gave a report on their departments. It was decided that Finance Director Leslie Renner would give a quarterly review of finances in April as a part of regular reporting to Council by the various divisions.

CITY MANAGER’S REPORT

a. A review of the recent Parks and Recreation meeting was given. A layout of the proposed soccer fields at Seven Mile Park will be presented at the March Council meeting. Council asked staff to do what is necessary for the swimming pool to be open for the 2006 season and managed by the YMCA. It was decided that a maximum amount of $10,000 would be contributed by the City for this operation. The changes to the entry fees for the softball were reviewed, $285 to $350 for adult teams and $0 to $25 for each girl for that league.

b. Studies continue on the City’s closed landfill. Figures of between $775,000 and $990,000 were given as potential costs to mitigate the EPA problems. Other options to make required changes will be investigated.

c. A letter was sent to the Preble County Law Library to request passwords to the law site for each council member; no official response was received. Attorney Dirk Earley contacted Councilman Ben Maffett to confirm the exact request. It is anticipated that one password will be provided for Eaton Council’s use.

d. It was noted that the transfer of land to the Youth Foundation from the County will be done through the CIC.

e. A police cruiser will be bid in the near future.

f. Landscaping is proposed for the southwest corner of Barron and Somers Streets. Representatives from the Bicentennial Committee will assist with this project.

g. To comply with the UDO, an Historic District Review Board needs to be appointed as soon as possible. Criteria for the makeup of that board and terms were discussed. Mayor Stonecash will propose candidates for each position.

h. The Preble County Humane Society’s construction of a new shelter has just gotten underway and is projected to be open this summer.

OLD BUSINESS

a. Ordinance 05-24. An executed agreement from the new owners of the former Dairy Queen, 1116 North Barron Street had not been received at the time of this meeting. It was decided to allow 30 additional days before taking action on this legislation.

NEW BUSINESS

a. A longtime, local business, St. Clair Supply Company, has recently been sold to Scott Tissue and has moved inventory to Dayton. A corporation, Remagen, remains in the facility to offer locally-manufactured Henny Penny products.

Council Minutes

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February 21, 2006

b. On February 20, President’s Day, it was reported that Rumpke trash haulers were picking up refuse prior to 8:00 a.m.; this will investigated.

EXECUTIVE SESSION

Councilman Renner moved to adjourn to Executive Session to discuss legal matters, personnel and facilities security with the Law Director, who was present, the City Manager, the Finance Director and Public Works Superintendent 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.

ADJOURN

Councilman Renner moved to adjourn. Councilman Wagner 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