CLERK’S JOURNAL OF THE REGULAR SESSION OF THE COUNCIL

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 7:00P.M., ON MONDAY, APRIL 21, 2008

Mayor Robert Stonecash called to order the regular meeting of the Eaton City Council on Monday, April 21, 2008, at 7:00 p.m., in Council Chambers of the Municipal Building. Pastor Jerry Reynolds delivered the invocation and led the pledge to the flag; the Deputy Clerk called the roll and found the following to be:

Present: Bob Brower

David Kirsch

Ben Maffett

Gary Wagner, Vice Mayor

Robert Stonecash, Mayor

Absent: None

APPEARANCE OF DEI REPRESENTATIVES

Downtown Eaton Inc. President Kathy Willis and Treasurer Patty Wagner were in attendance to give the beautification awards to downtown businesses and owners.

MINUTES AND FINANCIAL REPORTS

Councilman Kirsch moved to approve the Clerk’s Journal and to accept the tapes as the official minutes for the regular meeting of March 17, 2008, and to acknowledge the March, 2008 financial reports. The motion was seconded by Councilman Maffett which passed as follows:

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

Nays: None (0)

REPORT FROM PROJECT MANAGER

Project Manager Joe Ferriell updated various projects.

ORDINANCE 08-03

H & F Real Estate Holdings LLC applied to amend the zoning of Lots 1714 and 1715, located at 200 Eaton-Lewisburg Road. The current zoning is ‘R-3’ Multi-Family Residential with ‘C-1’ General Commercial being requested. This structure was most recently the site of the Preble County Medical Center, but has been vacant for approximately 5 years. Eleven offices spaces are proposed at this facility. At their February 12, 2008 meeting, Planning Board voted unanimously to recommend this change. Ernie Hatmaker and David Fisher were in attendance representing this application.

Councilman Wagner moved for the second reading of Ordinance 08-03, by title only. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

Council Clerk Leslie Renner read Ordinance 08-03, by title only.

Councilman Kirsch moved for the adoption of Ordinance 08-03. Councilman Brower seconded the motion which passed as follows:

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

Nays: None (0)

ORDINANCE 08-04

The City owns land in Gasper Township which is now a closed landfill. Work needs to be done at this site to comply with EPA regulations and, to do the work properly, the City needs to obtain additional land in that area. Negotiations with the neighboring property owner, the Board of Preble County Commissioners, have produced mutually agreed upon terms and conditions to allow the City to purchase 3.165 acres of property located along a creek-line at a cost of $700 per acre. This ordinance authorizes the City Manager to complete all paperwork necessary to finalize this land transaction. In addition, so that work may proceed in a timely manner at this site, this ordinance is deemed an emergency.

Councilman Kirsch moved for the second reading of Ordinance 08-04, by title only. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

Council Clerk Leslie Renner read Ordinance 08-04, by title only.

Councilman Wagner moved for the adoption of Ordinance 08-04. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 08-16

Bids were taken for the Hillcrest Drive and South Barron Street Intersection Reconstruction Project. This resolution awards that bid to Double Jay Construction, 25 Harrisburg Drive, Englewood, Ohio 45322, in the amount of $101,982.35.

Councilman Kirsch moved to adopt Resolution 08-16. Councilman Brower seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 08-17

The City will be participating in the CHIP program this year. This resolution authorizes the application for the 2008 CHIP/CDBG/HOME grant in the amount of $500,000.

Councilman Wagner moved to adopt Resolution 08-17. Councilman Brower seconded the motion which passed as follows:

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

Nays: None (0)

CITY MANAGER’S REPORT

a. RESOLUTION 08-18. The Fire Division needs to replace the 1985 Ford Chassis/Seagraves

ladder truck and a suitable replacement has been located, a 2007 Spartan/Rosenbauer 75’ quint. Purchase details continue to be negotiated for this apparatus, but it has been agreed that this cost will not exceed the state purchase price for a similar vehicle. This resolution authorizes the purchase of a 2007 quint from All-American Fire Equipment Company, 3253½ US Route 60, Ona, West Virginia 25545, in an amount not to exceed $560,000. Councilman Kirsch moved to adopt Resolution 08-18. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

A new firefighter course is underway currently. Two current members will be cross-trained and one new member will be hired as a result.
Public Works Superintendent Andy Eddy reported on the water projects. The water tower is complete and communications are being installed. There have been some

problems with the Black Plant’s project; necessary repairs may result in the June 30 completion date to be extended. Continued reports of dirty water have resulted from these Black Plant improvements. The water tower at the Water Works Park has been taken out of service in preparation for removal of that tower.

A comparison of rates charged for water and sewer services were distributed. Of the 63 communities surveyed. As in recent years, Eaton remains approximately in the mid-range of this analysis.
Increased enforcement of property maintenance codes continue with a total of 40 letters having been issued to the property owners.
Joe Ferriell recently attended a county-wide transportation meeting. This was held to analyze transportation needs of various groups, i.e., MRDD, and to determine if a coordinated plan could be made to offer a more efficient service.
Business First accepted the City’s application for membership and a contract for their services will be executed.
Copies of letters regarding the proposed disc golf and its funding were distributed. Parks Board will conduct a meeting to investigate the details of this activity.

MAYOR’S REPORT

Give Back America will be sponsoring a 3-day event over the July 4^th holiday. Councilman Maffett moved to donate $1,000 to Give Back America to support this event. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

OLD BUSINESS

At the March Council meeting, a proposal from Ohio Gateway Development Corporation, Hal Yoder, regarding the City’s participation in the countywide Economic Development/Enterprise Zone was discussed; a $5,000 funding request was also submitted. During the past month, a conversation with Ohio Department of Development revealed that the ‘enterprise zone’ program is set to terminate on October 15, 2009. A Community Reinvestment Area (CRA) was suggested to be a replacement program. Further, with the OGDC request, it was clear that the County would administer this ‘enterprise zone.’ According to the interim director, Hal Yoder, this funding request could be amended. ODOD stated that a CRA would be a similar, more flexible

program and would be administered by the municipality. OGDC requests a response by the City to funding no later than May 2, 2008.

Paying the $5,000 was debated. The two City-appointed seats on OGDC would be filled by local business people; they would be accountable to Council, all would work together to put a plan in place with some focus on retention of industry and businesses. County involvement was discussed.

Motion #1

Councilman Maffett moved to pay $2,500 to OGDC for a six-month membership. Councilman Brower seconded the motion.

The desired result at the end of the six-month period was discussed. The funding would demonstrate the City’s commitment and support to county economic development and retention. It was thought that membership in both Business First and OGDC would compliment each other. The $35,000 funding by the County was questioned. It was reported that there is a plan to directly fund this amount; however, it was further thought that this amount makes it clear that the County should have its own economic development department. Mr. Yoder working for the OGDC, not the County, was discussed.

The vote on Motion #1 is as follows:

Ayes: Brower, Maffett, Stonecash (3)

Nays: Kirsch, Wagner (2)

Finance Director Leslie Renner inquired about this payment, such as are there contingencies, who money is paid to, if there was to be a contract, etc. Payment must be made to CIC; therefore, Motion #1 was incorrect. In addition, there should be an agreement between the City and CIC with CIC being the City’s agent for economic development, then CIC would appoint OGDC to do economic development.

Motion #2

Councilman Maffett moved to rescind the previously approved motion and to fund $2,500 paid to CIC and continue the contract with CIC. Councilman Brower seconded the motion.

Discussion on Motion #2: It was questioned if there should be a separate motion to rescind and to fund and it was decided to make two motions from it.

Motion #3

Councilman Maffett moved to rescind the previously approved motion regarding OGDC. Councilman Kirsch seconded the motion.

The vote on Motion #3 was as follows:

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

Nays: None (0)

The vote on Motion #2

Ayes: None (0)

Nays: Brower, Kirsch, Maffett, Wagner, Stonecash (5)

It was discussed that all action to this point regarding OGDC was cleared.

Motion #4:

Councilman Wagner moved not to fund OGDC as requested. Councilman Kirsch seconded the motion.

Discussion to clarify motion: an ‘aye’ vote was not to fund, a ‘nay’ vote was to fund OGDC $5,000, as requested. Again, funding OGDC (CIC) was discussed. While Mr. Yoder is a capable director, there are no regulations in place, no plan. The viewpoints of the new County Commissioners (seated at the end of the year) along with any re-organization of OGDC, City funding could be reevaluated. It was stated that the message should be given to OGDC to define economic development and how it will be managed.

Motion #4 passed as follows:

Ayes: Kirsch, Wagner, Stonecash (3)

Nays: Brower, Maffett (2)

The division of council members on the funding issue and changes made to OGDC, consideration by the City may be given to a funding proposal at a later date.

NEW BUSINESS

(A citizen had requested to be put on the agenda to discuss Water Works Park; there was no in attendance.)

It was reported that students were walking down the middle of the road on Hillcrest Drive

recently.

Recently, the Brooke-Gould Memorial Tennis Courts have been the site of ‘kick tennis.’ It

was questioned if this was an allowable activity at that location. This will be discussed at the upcoming Parks Board meeting.

EXECUTIVE SESSION

Councilman Brower moved to adjourn to Executive Session to discuss legal matters with the City Manager, Finance Director and Public Works Superintendent. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

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

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

Nays: None (0)

Mayor Stonecash announced there was no action taken.

ADJOURN

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

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

Nays: None (0)

____________________________________ ____________________________________

Deputy Clerk of Council Deputy Clerk of Council Mayor

Approved as to form____________________________________________________________

Director of Law