Moved by Commissioner Barhorst, seconded by Commissioner Terry, to adjourn into Executive Session to review terms and conditions of employment. Voice vote, Aye: Barhorst, Terry, Hudson, Patrizio, and Vogt. Nay: None. Motion carried unanimously.

Moved by Commissioner Barhorst, seconded by Commissioner Patrizio, to adjourn from Executive Session and to move into the Regular City Commission Meeting. Voice vote, Aye: Hudson, Patrizio, Terry, Barhorst, and Vogt. Nay: None. Motion carried unanimously.

REGULAR CITY COMMISSION MEETING

APPROVAL OF MINUTES

Moved by Commissioner Terry, seconded by Commissioner Barhorst, that the minutes of the Regular City Commission Meeting of November 19, and the Commission Work Session on November 8, 2007 be approved. Voice vote, Aye: Terry, Barhorst, Vogt, Hudson, and Patrizio. Nay: None. Motion carried unanimously.

Moved by Commissioner Patrizio, seconded by Commissioner Barhorst, to move Resolution No. R-128-07 forward at this time. Voice vote Aye: Vogt, Patrizio, Terry, Barhorst, and Hudson. Nay: None. Motion carried unanimously.

RES. NO. R-128-07

A resolution rejecting the fact-finder's decision regarding contractual matters between the City of Piqua and the Piqua Firefighters IAFF, Local #252 (Fire Officers)

Moved by Commissioner Barhorst, seconded by Commissioner Terry, that Resolution No. R-128-07 be adopted. Roll call, Aye: Patrizio, Vogt, Barhorst, Terry, and Hudson. Nay: None. Motion carried unanimously. Mayor Hudson then declared Resolution No. R-128-07 adopted.

ORD. NO. 26-07 (Third Reading)

An Ordinance repealing Schedule A of Chapter 33 of the Piqua Code and adopting a New Schedule A of Chapter 33 of the Piqua Code, relating to wages of certain municipal employees

Moved by Commissioner Terry, seconded by Commissioner Barhorst, that Ordinance No. 26-07 be adopted. Voice vote, Aye: Terry, Vogt, Hudson, Barhorst, and Patrizio. Nay: None. Motion carried unanimously. Mayor Hudson then declared Ordinance No. 26-07 adopted.

ORD. NO. 27-07

An Ordinance amending Section 91.23 of the Piqua Code relating to Definitions

City Manager Enderle gave a brief explanation on the purpose of Ordinance No. 27-07.

Law Director Stacy Wall explained the repeat offender section of Ordinance No. 27-07.

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that Ordinance No. 27-07 be given a second reading. Voice vote, Aye: Vogt, Hudson, Patrizio, Terry, and Barhorst. Nay: None. Motion carried unanimously. Mayor Hudson then declared Ordinance No. 27-07 be given a second reading.

ORD. NO. 28-07

An Ordinance amending Chapter 150 (Appendix: Tables, Table A: Permit Fee Schedule)

Commissioner Vogt voiced his concern about the length of time that is given for repairs.

City Manager Enderle explained how the length of time or repairs is determined.

Mayor Hudson stated there are several city programs available to help citizens with their repairs.

Robert Grise, 220 ½ Gordon Street, voiced his concern over the length of time he might have to work on his own private property.

City Manager Enderle explained the reason for the time limits given.

Commissioner Patrizio stated the Piqua City Charter gives the city the resource to enforce the maintenance of properties within the City of Piqua.

Chet Osborne, 406 Staunton Street, voiced his concern over the City Codes, and the way the City represents them.

Commissioner Terry stated the city wants visitors to come into town and see well-maintained residential and commercial areas. The foreclosures that are happening in Piqua are not from property maintenance issues, said Commissioner Terry.

City Manager Enderle asked Mr. Osborne to come in and speak with him and he would further discuss some of the concerns he has with the city.

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that Ordinance No. 28-07 be given a second reading. Voice vote, Aye: Terry, Hudson, Vogt, Barhorst, and Patrizio. Nay: None. Motion carried unanimously. Mayor Hudson then declared Ordinance No. 28-07 be given a second reading.

ORD. NO. 29-07

An Ordinance amending Section 91.36 of the Piqua Code relating to Definitions

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that Ordinance No. 29-07 be given a second reading. Voice vote, Aye: Patrizio, Vogt, Barhorst, Hudson, and Terry. Nay: None. Motion carried unanimously. Mayor Hudson then declared Ordinance No. 29-07 be given a second reading.

ORD. NO. 30-07

An Ordinance amending Chapter 154 of the Piqua Municipal Code establishing the discontinuance of a nonconforming use and the discontinuance of a nonstandard use

Commissioner Vogt voiced his concern over the non-conforming use.

City Manager Enderle briefly explained how it would be enforced.

Chuck Starrett voiced his concern about the length of time a business can be closed, and some of the hardships the property owners have.

Commissioner Patrizio explained that the zoning could be changed if the time frame has lapsed on the previous business.

City Manager Enderle explained there are circumstances that require the city to have this ordinance on the books to enforce the use of non-standard use or a non-conforming use.

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that Ordinance No. 30-07 be given a second reading. Voice vote, Aye: Hudson, Patrizio, Barhorst, Vogt, and Terry. Nay: None. Motion carried unanimously. Mayor Hudson then declared Ordinance No. 30-07 be given a second reading.

ORD. NO. 31-07

An Ordinance adopting and implementing procedures under Ohio Revised Code Chapter 5722 to facilitate the effective reutilization of nonproductive land situated within the City of Piqua, which program shall be known as the Piqua Land Reutilization Program

Bill Shinall, 1612 New Haven Road, asked if the city is still planning on rehabbing properties they purchase?

City Manager Enderle explained the properties purchased would be tax delinquent not foreclosed properties, and they would be repaired.

Mr. Shinall stated he feels purchasing these properties to rehab them back into the neighborhood is a good use of taxpayer money.

John Martin, 301 Cleveland Street, stated the houses being purchased do not have anything to do with the bank-foreclosed properties.

City Manager explained the procedure for purchasing the tax delinquent properties.

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that Ordinance No. 31-07 be given a second reading. Voice vote, Aye: Vogt, Hudson, Terry, Patrizio, and Barhorst. Nay: None. Motion carried unanimously. Mayor Hudson then declared Ordinance No. 31-07 be given a second reading.

ORD NO. 32-07

An Emergency Ordinance adopting and implementing a Civil Code for nuisance violations (Chapter 91), Zoning Code Violations (Chapter 154), and Property Maintenance Violations (Chapter 150) of the Piqua Municipal Code

Commissioner Vogt voiced concern over the cost of the fee.

Moved by Commissioner Vogt, seconded by Commissioner Patrizio, to table Ordinance No. 32-07 until the January 7, 2008 Commission Meeting. Roll call, Aye: Vogt. Nay: Barhorst, Terry, Hudson, and Patrizio. Motion failed on 1-4 vote.

Law Director Wall explained the fees and how they will be enforced.

City Manager Enderle stated these property owners are continuous violators, not the everyday citizens who are being fined.

Commissioner Vogt stated he has not had any telephone calls for or against the fee process.

Jim Cline, 725 Clark Avenue voiced his opinion concerning the house that the city purchased on East Ash Street that is to be taken down at a later date,

City Manager Enderle explained the process on the house the city purchased on East Ash Street.

Chuck Starrett voiced concern over the civil code section of Ordinance No. 32-07, and asked if someone would clarify the issues of the civil code.

Law Director Wall explained the civil code process.

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that Ordinance No. 32-07 be given a second reading. Voice vote: Aye: Vogt, Barhorst, Hudson, Terry, and Patrizio. Nay: None. Motion carried unanimously. Mayor Hudson then declared Ordinance No. 32-07 be given a second reading.

ORD NO. 33-07

An Ordinance to make Appropriation for the City of Piqua, Ohio for the year 2008

City Manager Enderle gave a brief power point presentation of the General Fund Revenues and explained the General Fund Expenses.

City Manager Enderle encouraged citizens to come in and speak to either Finance Director Cynthia Holtzapple or himself if they have any questions regarding the budget.

John Martin, 301 Cleveland Street, asked several questions concerning the budget.

City Manager Enderle answered Mr. Martin questions.

Moved by Commissioner Patrizio, seconded by Commissioner Barhorst, that Ordinance No. 33-07 be given a second reading. Voice vote, Aye: Terry, Hudson, Vogt, Patrizio, and Barhorst. Nay: None. Motion carried unanimously. Mayor Hudson then declared Ordinance No. 33-07 be given a second reading.

ORD. NO. 34-07

An Ordinance amending Zoning Ordinance No. 42-96 and a map of the City for the rezoning of Inlots 6932 and 6933 from R-1 (One Family Residential) to B (General Business) located along the north side of Garbry Road and owned by Midamco

Peggy Henthorn, Miami Valley Centre Mall Manager, explained the reason for the rezoning.

Moved by Commissioner Patrizio, seconded by Commissioner Vogt, that the rule requiring Ordinance No. 34-07 be read fully and distinctly on three separate days be suspended. Voice vote, Aye: Terry, Barhorst, Hudson, Vogt, and Patrizio. Nay: None. Motion carried unanimously.

Moved by Commissioner Barhorst, seconded by Commissioner Terry, that Ordinance No 34-07 be adopted. Voice vote, Aye: Barhorst, Hudson, Patrizio, Terry, and Vogt. Nay: None. Motion carried unanimously. Mayor Hudson then declared Ordinance No. 34-07 adopted.

ORD. NO. 35-07

An Ordinance amending Section 31.21 of the Piqua Code relating to the Civil Service Department

Moved by Commissioner Patrizio, seconded by Commissioner Vogt, that Ordinance No. 35-07 be given a second reading. Voice vote, Aye: Hudson, Vogt, Patrizio, Terry, and Barhorst. Nay: None. Motion carried unanimously. Mayor Hudson then declared Ordinance No. 35-07 be given a second reading.

ORD. NO. 36-07 - Emergency

An Emergency Ordinance providing for the issuance and sale of $21,007.08 of Bonds in anticipation of the collection of Special Assessments to pay costs of construction in the year 2006, sidewalks, curbs and gutters on McKinley Avenue and Upway Drive together with the necessary appurtenances thereto

Commissioner Terry inquired as to the need for the Emergency Ordinance.

Law Director Wall explained the reason for the Emergency Ordinance at this time.

Moved by Commissioner Terry, seconded by Commissioner Patrizio, that the rule requiring Ordinance No. 36-7 be read fully and distinctly on three separate days be suspended. Voice vote, Aye: Patrizio, Hudson, Vogt, Terry, and Barhorst. Nay: None. Motion carried unanimously.

Moved by Commissioner Barhorst, seconded by Commissioner Terry, that Ordinance No. 36-07 be adopted. Voice vote, Aye: Terry, Hudson, Patrizio, Vogt, and Barhorst. Nay: None. Motion carried unanimously. Mayor Hudson then declared Ordinance No. 36-07 adopted.

RES. NO. R-124-07

A Resolution of Appreciation for the Public Service of Norm Albers as a City Employee

Moved by Commissioner Patrizio, seconded by Commissioner Vogt, that Resolution No. R-12407 be adopted. Voice vote, Aye: Patrizio, Barhorst, Vogt, Hudson, and Terry. Nay: None. Motion carried unanimously. Mayor Hudson then declared Resolution No. R-124-07 adopted.

RES. NO. R-125-07

A Resolution authorizing application to the Ohio Department of Natural Resources for funding through the Nature Works Program for certain improvements at Fountain Park

Several questions were asked regarding the use of funds if approved.

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that Resolution No R-125-07 be adopted. Voice vote, Aye: Vogt, Patrizio, Barhorst, Hudson, and Terry. Nay: None. Motion carried unanimously. Mayor Hudson then declared Resolution No. R-125-07 adopted.

RES. NO. R-126-07

A Resolution authorizing application to the Ohio Department of Natural Resources for funding through The Federal Land and Water Conservation Fund Program for certain improvements at Fountain Park

Moved by Commissioner Patrizio, seconded by Commissioner Barhorst, that Resolution No. R-126-07 be adopted. Voice vote, Aye: Hudson, Patrizio, Vogt, Barhorst, and Terry. Nay: None. Motion carried unanimously. Mayor Hudson then declared Resolution No. R-126-07 adopted.

RES. NO. 127-07

A Resolution regarding the recognition given to Commissioners for public properties

Commissioner Patrizio gave a brief explanation for the reason he requested Resolution No. R-127-07.

Mayor Hudson and Commissioner Barhorst voiced their opinions on Resolution No. R-127-07.

Brad Barringer, 132 E. Main Street, voiced his opinion on Resolution No. R-127-07.

Commissioner's Terry and Vogt also voiced their opinions on Resolution No. R-127-07.

Moved by Commissioner Patrizio, seconded by Commissioner Vogt, that Resolution No. R-127-07 be adopted. Roll call, Aye: Patrizio and Vogt. Nay: Terry, Hudson, and Barhorst. Motion failed on a 3-2 vote.

OTHER

Monthly Reports for October 2007

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that the Monthly Reports for October 2007 be adopted. Voice vote, Aye: Hudson, Patrizio, Terry, Barhorst, and Vogt. Nay, None. Motion carried unanimously. Mayor Hudson then declared the Monthly Reports for October 2007 adopted.

A Park Avenue resident voiced his concern over a high utility bill he received.

City Manager Enderle stated he would look into it and get back to him on Tuesday.

Peggy Williams, 505 Westview Drive, voiced her concerns about the large hole on the empty lot located next to her building on S. Main Street.

Chet Osborne, 406 Staunton Street, voiced his concern about the lack of asphalt on Staunton Street.

Public Works Director Zechman stated they are planning on paving it within the next week, depending on the weather.

Mr. Osborne asked several other questions.

Chris Schmiesing, Planning and Zoning Supervisor and Commissioner Barhorst answered Mr. Osborne questions.

John Martin, 301 Cleveland Street, voiced his concern about how the City Commission Meetings are being conducted.

City Manager Enderle and Mayor Hudson explained how the City Commission Meetings are conducted and the rules they follow.

Moved by Mayor Hudson, seconded by Commissioner Vogt, to adjourn from the Regular Piqua City Commission meeting at 10:10 P.M. Voice vote, Aye: Patrizio, Hudson, Vogt, Terry, and Barhorst. Nay: None. Motion carried unanimously.

_____________________________
THOMAS D. HUDSON, MAYOR

PASSED:_______________________

ATTEST:_______________________
REBECCA J. COOL
CLERK OF COMMISSION