CLERK=S JOURNAL OF THE WORK SESSION OF

CLERK=S JOURNAL OF THE WORK SESSION OF

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

COUNCIL CHAMBERS OF THE MUNICIPAL BUILDING,

AT 6:00 P.M., ON MONDAY, NOVEMBER 15, 2004

Mayor Robert Stonecash called to order a work session of Eaton City Council on Monday, November 15, 2004, at 6:00 p.m., in Council Chambers of the Municipal Building. 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, and Jon Hartman, County Economic Director.

ECONOMIC STRATEGIES FOR EATON

While a >Prospective Path= was provided to Council, a shorter path is proposed initially. Council to provide two lists, one for the needs of the City and one for a >wish list.= View current Eaton and then prioritize projects.

QUARTERLY REPORT

Jon reviewed his activities during his first quarter as director, believing that raising the visibility of the intent of Preble County to go forward with economic development very important. Jon=s assessment: Achieve mission of OGDC, improve the public perception--in and out of County.

ADJOURN

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

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

Nays: None (0)

_____________________________ ________________________________

Deputy Clerk of Council Mayor

Approved as to form___________________________________________

Director of Law

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, NOVEMBER 15, 2004

Mayor Robert Stonecash called to order the regular meeting of Eaton City Council on Monday, November 15, 2004, 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

Dave Kirsch

Ben Maffett

Gary Wagner, Vice Mayor

Robert Stonecash, Mayor

Absent: None

Also in attendance was Dave Daily, City Manager.

WELCOME HOME, NICK FRIESTHLER

Police Officer Nick Friesthler recently returned home from Iraq, following his second tour with the Marine Reserves. The Mayor read a Awelcome back@ letter to Nick, his wife Erin and two children Allison and Gabrielle.

AUKERMAN STREET PROJECT

Following recent re-evaluations of the Aukerman Street project between Division and North Streets, Council decided to go with the original plan to take an additional 5' of right-of-way on each side of the street between Division and North Street.

MINUTES AND FINANCIAL REPORTS

Councilman Kirsch moved to approve the Clerk=s Journal Entries for October 18, 2004 and November 8, 2004, to accept the tapes as the official minutes for the meetings of October 18, 2004 and November 8, 2004 and to acknowledge receipt of the financial reports for October 2004. Councilman Renner seconded the motion, which passed as follows:

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

Nays: None (0)

Councilman Renner moved to attach the Law Director=s opinion to the Clerk=s Journal Entry of September 28, 2004. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

Councilman Wagner moved to acknowledge the Clerk=s Journal Entry for September 28, 2004 and to accept the tapes as the official minutes for the meeting of September 28, 2004.

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

Nays: None (0)

ORDINANCE 04-21

Following the November election, this ordinance amends Section 1 of Ordinance 96-14, to continue the ½% Safety Department income tax for the period of January 1, 2005 through December 31, 2007. This Ordinance shall take effect immediately.

Councilman Renner moved for the reading, by title only, of Ordinance 04-21. 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 04-21, by title only.

Councilman Renner moved for the adoption of Ordinance 04-21. Councilman Kirsch 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 ARates@ to amend sewer user rates.

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

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 Wagner moved for the first reading, by title only, of Ordinance 04-32. 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 04-32, by title only.

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 Kirsch moved for the first 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.

ORDINANCE 04-34

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

Councilman Kirsch moved for the first 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.

RESOLUTION 04-67

C.A. Shindeldecker and Sons have been hired by the property owners for the water line extension on a project on Eaton-Lewisburg Road. The property is currently owned by Drs. Scott and Mark Vosler. This resolution authorizes the City Manager to enter into an agreement with Shindeldeckers to extend this water line project further, allowing for a loop which will improve the City=s water system in that area..

Councilman Kirsch moved to adopt Resolution 04-67. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

RESOLUTION 04-68

Council has determined to use force account labor for the clean-out of Crystal Lake. This resolution authorizes the City Manager to enter into any necessary contracts for the provisions of materials, supplies and equipment to allow the City’s Department of Service to complete the cleaning of Crystal Lake, up to a total of $200,000.

Councilman Wagner moved to adopt Resolution 04-68. Councilman Maffett seconded the motion, which passed as follows:

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

Nays: None (0)

CITY MANAGER=S REPORT

a. An update on the Zoning Code Review Committee was given, noting the change of meeting date and place.

b. Possible problems with the old City landfill have recently been discovered. In order to correct this, the City Manager recommended to Council that experts in this field be contracted with to engineer possible solutions and corrections. A contract will be brought back to Council for their consideration.

c. Discussions continue with the local YMCA in regards to the City=s swimming pool operation.

d. Investigation continues into the possible need for a school crossing in the vicinity of the Middle School in Maple Street area.

e. Confined space training will be conducted for the Public Works and the Public Maintenance Divisions in the near future.

f. Fire Chaplain Dick McKee has submitted a letter stating his plans to retire after 37 years with the Division.

g. A class of school children has volunteered to assist with regular clean-up at Water Works Park.

OLD BUSINESS

a. Kent Garber of Pheasant Run Condominiums was present to discuss a modification to their plans. It has been discovered that their buyers are not interested in two story units. His proposal is to remove the 2 three-unit condos and replace them with 3-2 unit condos. Council agreed to this change.

NEW BUSINESS

a. Congratulations to Mayor Stonecash for being named the Citizen of the Year by Eaton/Preble County Chamber of Commerce.

EXECUTIVE SESSION

Councilman Renner moved to adjourn to Executive Session to discuss personnel matters with the Law Director, who was present, as well as the City Manager, Finance Director and Service Director. 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, Maffett, Wagner, Stonecash (4)

Nays: Kirsch (1)

Mayor Stonecash announced there was no action taken.

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

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

Nays: Kirsch (1)

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

EMPLOYEE OF THE YEAR

Changes to the process of naming >employee of the year= was discussed.

ADJOURN

Councilman Maffett moved to adjourn the meeting. 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___________________________________________

Director of Law