ORDER OF BUSINESS

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, JUNE 19, 2006

Mayor Robert Stonecash called to order the regular meeting of the Eaton City Council on Monday, June 19, 2006, 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

David Kirsch

Ben Maffett

Gary Wagner, Vice Mayor

Robert Stonecash, Mayor

Absent: None

BICENTENNIAL PROCLAMATIONS

Many dedicated committees and citizens have organized the City’s Bicentennial celebrations. Mayor Stonecash gave proclamations to the Bicentennial’s executive committee members as well as a host of committees, organizations and individuals for their roles in the City’s landmark event.

MINUTES

Councilman Kirsch moved to approve the Clerk’s Journal entries for the regular meeting of May 15, 2006, and the special meeting of May 23, 2006, to accept the tapes as the official minutes for the regular meeting of May 15, 2006 and the special meeting of May 23, 2006, and to acknowledge the May financial reports. The motion was seconded by Councilman Maffett and passed as follows:

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

Nays: None (0)

EMS DIVISION REPORT

EMS Chief Marsha Stonecash reviewed membership numbers of EMTs and paramedics, events participated in this year, recertification this year and testing and decrease of total number of runs to date.

OATH TO THE AUDIENCE

The Clerk administered the oath to members of the audience who wished to speak during the public hearing.

ORDINANCE 06-11

Bullen Ultrasonics have purchased two neighboring properties at 804 and 1028 South Franklin Street. This ordinance amends the zoning of those two properties from ‘R-1B’ Single Family Residential (804 S. Franklin) and ‘A-1’ Agricultural (1028 S. Franklin) to ‘I-2’ General Industrial. Planning Board voted unanimously for favorable recommendation of this amendment. Mayor Stonecash opened the public hearing. Attorney George J. Earley represented the application and reviewed the request. The public hearing was closed.

Councilman Renner moved for the first reading of Ordinance 06-11, by title only. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

Abstain: Maffett (1)

Law Director Donnette Fisher read Ordinance 06-11, by title only.

ORDINANCE 06-12

This ordinance amends the City’s parking violation penalties.

Councilman Kirsch moved for the first reading of Ordinance 06-12, 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 06-12, by title only.

ORDINANCE 06-09

This ordinance amends the zoning of certain commercial properties along North Barron Street. This ordinance modifies the zoning from ‘C-2’ Community Commercial to ‘C-1’ General Commercial; this change will bring this area into compliance with the UDO. Planning Board unanimously voted a favorable recommendation of this amendment.

Councilman Kirsch moved for the second reading of Ordinance 06-09, 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 06-09, by title only.

Councilman Kirsch moved for the adoption of Ordinance 06-09. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

ORDINANCE 06-10

Cy and Barbara French wish to split property located at 410 Hillcrest Drive into two lots, doing so will create one new building lot at 410 Hillcrest Drive. This ordinance accepts the preliminary and final plats of this major subdivision. Planning Board voted unanimously a favorable recommendation of this amendment.

Councilman Wagner moved for the second reading of Ordinance 06-10, 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 06-10, by title only.

Councilman Renner moved for the adoption of Ordinance 06-09. Councilman Wagner seconded the motion which passed as follows:

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

Nays: None (0)

ORDINANCE 06-13

This ordinance amends the annual appropriation ordinance.

Councilman Renner moved for the reading of Ordinance 06-13, by title only. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

Law Director Donnette Fisher read Ordinance 06-13, by title only.

Councilman Renner moved for the adoption of Ordinance 06-13. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 06-22

This resolution adopts the 2007 budget to be submitted to the Preble County Auditor. The Mayor opened the public hearing. With no comments, the public hearing was closed.

Councilman Kirsch moved for the adoption of Resolution 06-22. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 06-23

This resolution awards the annual municipal paving project contract to Wagner Paving, Laura, Ohio in the total amount of $246,192.40.

Councilman Maffett moved for the adoption of Resolution 06-23. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 06-24

This resolution awards the Mary Lane Sanitary Sewer Project to C.A. Shindeldecker and Sons, West Alexandria, Ohio, in the amount of $47,094.00.

Councilman Maffett moved for the adoption of Resolution 06-24. Councilman Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

RESOLUTION 06-25

This resolution authorizes the City Manager to execute the addendum with Rumpke to extend the refuse contract for an additional one year.

Councilman Kirsch moved for the adoption of Resolution 06-25. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

CITY MANAGER’S REPORT

a. A progress report was given on the West Main Street water project which will be halted before the Bicentennial and will resume after the event. Paving will be coordinated with the urban paving program.

b. An organizational meeting of the Civil Service Commission was conducted recently.

c. Currently, the positions for Law Director, Fire Chief, Utilities Worker and Police Sergeant are in process of being advertised.

d. Council is required to complete a NIMS course; a time and date will be scheduled.

e. Plans for soccer to be played at Seven Mile Park was discussed.

f. A zoning amendment and preliminary plan has been submitted for an approximate 45 acre tract of land on Richmond Pike. This amendment changes the zoning from agricultural to single family residential and reflects approximately 96 new homes.

MAYOR’S REPORT

a Preble County Commissioner Jane Marshall was welcomed.

b. A letter was read from Gretchen Curry, thanking the Police Division for their assistance recently.

c. Plans for Council’s involvement in the Bicentennial parade was discussed.

d. The County Mayors met recently regarding the Gasper Township tax issues; another meeting will be held this coming Thursday evening.

e. Best wishes were extended to Donnette Fisher as this was her final Council meeting as the City’s Law Director.

OLD BUSINESS

a. A proclamation to be presented to Katie Acton regarding the inception of a local Junior State of America chapter was read.

b. The police cruiser is scheduled to be built the week of August 4, 2006.

NEW BUSINESS

None.

EXECUTIVE SESSION

Councilman Kirsch moved to adjourn to Executive Session to discuss legal and personnel matters with the Law Director who was present as well as 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 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.

ACTING LAW DIRECTOR DUTIES

Law Director Donnette Fisher’s last day with the City will be June 30, 2006. Councilman Renner moved for contract offers to be made to Rebecca Ferguson for the duties of Law Director and to Andrew Siehl for the duties of Municipal Prosecutor during the process of choosing a permanent appointment. These will each be for a three-month period with extensions. Councilman Maffett seconded the motion which passed as follows:

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

Nays: None (0)

ADJOURN

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

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

Nays: None (0)

_____________________________ ________________________________

Deputy Clerk of Council Clerk of Council Mayor

Approved as to form________________________________________________

Director of Law