CLERK’S JOURNAL OF THE REGULAR MEETING OF

CLERK’S JOURNAL OF THE REGULAR MEETING OF

THE COUNCIL OF THE CITY OF EATON, OHIO, HELD IN

COUNCIL CHAMBERS OF THE MUNICIPAL BUILDING,

AT 7:00 P.M., ON MONDAY, DECEMBER 6, 2004

Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Monday, December 6, 2004, at 7:00 p.m., in Council Chambers of the Municipal Building. Police Chief Phil Romeo 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

Dave Kirsch

Ben Maffett

Gary Wagner, Vice Mayor

Robert Stonecash, Mayor

Absent: None

Also in attendance was Dave Daily, City Manager.

ELECTION OF MAYOR AND VICE MAYOR

Councilman Wagner moved for the nomination of Bob Stonecash for the position of Mayor for a one-year term ending December 5, 2005. Councilman Maffett seconded the motion. There being no further nominations, the nominations for Mayor was closed. The nomination to appoint Bob Stonecash to the position of Mayor for a one-year term, ending December 5, 2005 passed as follows:

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

Nays: None (0)

Councilman Kirsch moved for the nomination of Gary Wagner for the position of Vice-Mayor for a one-year term ending December 5, 2005. Councilman Maffett seconded the motion. There being no further nominations, the nominations for Vice-Mayor was closed. The nomination to appoint Gary Wagner to the position of Vice-Mayor for a one-year term, ending December 5, 2005 passed as follows:

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

Nays: None (0)

MINUTES

Councilman Kirsch moved to approve the Clerk’s Journal Entries for the November 15, 2004 work session and regular meeting, and to accept the tapes as the official minutes for both the work session and the regular meeting of November 15, 2004. Councilman Renner seconded the motion, which passed as follows:

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

Nays: None (0)

ORDINANCE 04-31

This ordinance amends Section 921.32 of the Codified Ordinances, titled “Rates” to amend sewer user rates.

Councilman Kirsch moved for the second reading, by title only, of Ordinance 04-31. 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 04-31, by title only.

Councilman Kirsch moved for the adoption of Ordinance 04-31. Councilman Renner seconded the motion, which passed as follows:

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

Nays: None (0)

ORDINANCE 04-32

This ordinance amends Chapter 923 of the Codified Ordinances, titled AWater@ by amending Section 923.01 and enacting Section 923.13, to amend water user rates and provide a mechanism for collecting unpaid water bills.

Councilman Maffett moved for the second reading, by title only, of Ordinance 04-32. Councilman Renner seconded the motion, which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 04-32, by title only.

Councilman Renner moved for the adoption of Ordinance 04-32. Councilman Wagner seconded the motion, which passed as follows:

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

Nays: None (0)

ORDINANCE 04-33

This ordinance amends Chapter 931 of the Codified Ordinances, titled AGarbage and Refuse Collection@ by amending Section 931.09 and enacting Section 931.10, to amend refuse collection rates and provide a mechanism for collecting unpaid refuse bills.

Councilman Wagner moved for the second reading, by title only, of Ordinance 04-33. 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 04-33, by title only.

Councilman Renner moved for the adoption of Ordinance 04-33. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

ORDINANCE 04-34

This ordinance enacts Section 143.08 of the Codified Ordinances, titled ASchedule of Charges,@ to establish rates for the use of the services of the City’s EMS Division by non-residents.

Councilman Kirsch moved for the second reading, by title only, of Ordinance 04-34. 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 04-34, by title only.

Councilman Kirsch moved for the adoption of Ordinance 04-34. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: Renner (1)

ORDINANCE 04-35

The City Manager informed Council the City Engineer will be resigning his position effective December 31, 2004. The City Manager stated that he would like to appoint the Engineering Technician, Joe Ferriell, as the City Engineer, and the City Manager would reassume the role of the Director of the Department of Service. Council concurred with this appointment. This ordinance repeals Section 139.03 of the Codified Ordinances. By repealing this Section, the City Manager will again be the Director of the Department of Service, in accordance with the City’s Charter.

Councilman Kirsch moved for the second reading, by title only, of Ordinance 04-35. Councilman Renner seconded the motion, which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 04-35, by title only.

Councilman Kirsch moved for the adoption of Ordinance 04-35. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 04-69

This resolution allows for a modification to the settlement agreement on Pheasant Run Village by allowing for the replacement of two triplexes with three duplexes.

Councilman Wagner moved to adopt Resolution 04-69. The motion was seconded by Councilman Kirsch and passed as follows:

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

Nays: None (0):

RESOLUTION 04-70

Councilman Maffett moved for the following appointments to Planning, Zoning and Building Board: Tom Jordan to a four-year term ending December 31, 2008; Ron Coleman and Chris Atkins, each to a three-year term ending December 31, 2007; Steve Deffner to a two-year term ending December 2006; and Councilman Gary Wagner to a one-year term ending December 5, 2005. The motion was seconded by Councilman Kirsch and passed as follows:

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

Nays: None (0):

RESOLUTION 04-71

Councilman Wagner moved to appoint Councilman David Kirsch to the Planning, Zoning and Building Appeals Board for a one year term ending December 5, 2005. The motion was seconded by Councilman Maffett and passed as follows:

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

Nays: None (0)

Abstain: Kirsch (1)

RESOLUTION 04-72

Councilman Wagner moved to appoint Ben Maffett to the Parks and Recreation Board for a one-year term ending December 5, 2005, and to appoint Craig Moormeier to the Parks and Recreation Board for a three-year term ending December 31, 2007. The motion was seconded by Councilman Kirsch and passed as follows:

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

Nays: None (0)

RESOLUTION 04-73

Councilman Kirsch moved to appoint Paul Stoffregen to the Tax Appeals Board for a three year term ending December 31, 2007. The motion was seconded by Councilman Maffett and passed as follows:

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

Nays: None (0)

RESOLUTION 04-74

Councilman Maffett moved to appoint Mayor Bob Stonecash and Councilman Joe Renner and Dave Kirsch to the Volunteer Firemen Dependent Fund Board, each for a one year term ending December 31, 2005. The motion was seconded by Councilman Kirsch and passed as follows:

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

Nays: None (0)

AS TO RESOLUTION 04- 70 THROUGH 04-74:

ADOPTED:_______________________

ATTEST:_____________________ APPROVED:______________________________

Clerk of Council Mayor

SAFETY DEPARTMENT BUDGET

The proposed Safety Department budget for 2005 was reviewed.

CITY MANAGER=S REPORT

a. Updates on some of the retail developments in the north end of town were given, including the transfer of a liquor license for Pizza Hut and an application for a new liquor license for Wal-Mart.

b. The Zoning Code Review Committee will meet Tuesday, December 7, at 6:30, at the City Building. It is anticipated that a report will be given to Council at their December 20th meeting.

c. City crews continue work on the cleanup Crystal Lake.

d. Annual testing of the Fire Department ladders have been completed.

e. The possibility of the local YMCA taking over operation of the City’s swimming pool for one year continues to be discussed. A draft agreement will be presented at a future meeting.

f. The revised Property Maintenance Code was distributed with legislation being presented at the December 20th meeting.

g. A thank you letter was received from the Chamber of Commerce for the City’s participation in the White Christmas event.

h. The dedication ceremony for Preble Drive to also be known as ‘Sheriff Thomas A. Hayes Memorial Drive’ will be on Friday, December 10, 4:00 p.m.

OLD BUSINESS

None.

NEW BUSINESS

a. Judy Ridge, 907 Washington Street, brought a concern to Council regarding a resident of her neighborhood who appears to be conducting an auto mechanic business at their home. A letter was sent from the Building Department and this situation will be monitored so this does not continue.

b. A CIC meeting will be held this Friday, December 10, at 7:30 a.m., at the Educational Service Center.

c. Minutes of a recent Downtown Eaton Inc. meeting was discussed.

EXECUTIVE SESSION

Councilman Kirsch moved to adjourn to Executive Session to discuss personnel matters. 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 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.

ADJOURN

Councilman Renner moved to adjourn the meeting. 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