RECORD OF PROCEEDINGS

MEETING OF COUNCIL

April 14, 2008

 

The April 14, 2008 City of Union council meeting was called to order by Mayor Goudy on Monday, 7:30 p.m.

 

          Attendance was taken and the following council members were present:  Mr. Bruns, Mrs. Terry, Mayor Goudy, Mr. O’Callaghan, Mr. Blackwell, and Mrs. Perkins.

 

          Other city employees present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

 

          Mayor Goudy said that Mrs. Kyle had notified her that she was out of state so Mayor Goudy moved to excuse Mrs. Kyle from attending the council meeting.  Mr. O’Callaghan seconded the motion.  All concurred and Mrs. Kyle’s absence was excused.

 

          Mayor Goudy called for a moment of silence.

 

          1.       Mayor Goudy asked if there were any corrections in the minutes of March 24, 2008.  Mrs. Perkins noted that Item # 4 on the agenda did not reflect the vote of council to pass the resolution.  Mr. Bruns moved to accept the council minutes with the correction that the results of the motion on Resolution 08-02 be added.  Mr. O’Callaghan seconded the motion.  Mrs. Terry abstained and the other council members voted in favor of the motion.  The council minutes were accepted with the correction of Item # 4.

 

Mayor Goudy said that a new item, # 6, an application for placement of farmland in an agricultural district for Kathryn A. Rapp, had been added to the agenda so she moved to amend the agenda.  Mr. O’Callaghan seconded the motion.  All concurred and the agenda was amended.

 

 

 

          2.       Citizens and Visitors Comments

 

          Gerald Gergasko from 205 Riesling Drive said he had another statement and more pictures to turn into the council about drainage in his rear yard.  He commented that Mr. Applegate had met with him that afternoon.   He requested some documents from the city, such as the name of the engineers for that housing development; the blue prints for construction of catch basins, etc.  He said he was very upset about the drainage in his rear yard. 

 

          Mr. Applegate said he met with Mr. Gergasko that afternoon and he had been there two other times and Mr. Gergasko was not home.  He said he had told Mr. Gergasko that Jeff Van Atta Engineering had designed the plat for Mid Life Development and that the city had no money involved in the plat and had not paid for it.  He said he had pulled the prints and had them with him last year when they met with him before and Mr. Gergasko had not asked to see the prints then.  Mr. Applegate said he would be welcome to look at them. 

          Mr. Applegate said there was no environmental impact study required.  The project was designed and submitted to the city.  The city reviewed the project and then turned it over to the city’s engineering firm for review and it was approved so two engineering firms approved the design.  The plan complied with all of the city’s subdivision regulations and construction requirements. 

          Mr. Applegate said he was there a few times when it had rained and there was no way that the farm field could be graded.  The water comes to a low point in the field and then goes into the catch basin.  Mr. Applegate suggested Mr. Gergasko call the E.P.A office and talk to them since he is concerned about the herbicides and pesticides which may be the same as what people use on their lawns. Mr. Applegate said he knows of no way of stopping the drainage.  He said he hoped that Mr. Gergasko called the E.P.A. 

          Mr. Gergasko said he took one exception to what Mr. Applegate said which was that the water did not run into the catch basins but Mr. Gergasko admitted that the water did go into the basins after it sat for days.  He said he was contacting the State of Ohio because of environmental concerns.  Mr. Applegate asked if the resident had changed the grade of the yard when the yard was filled in.  He said no.  Mr. Applegate said when he was there and it was raining, there was not water laying in the yard. 

          Mr. Gergasko said he wanted to meet with Mr. McNulty and he said he wanted to get the situation resolved.

 

          Mr. Moore said he had read the minutes from the last meeting and had talked to Mr. Applegate concerning this matter.   Mr. Moore asked Mr. Gergasko what he wanted the City of Union to do.   Mr. Gergasko said he would like to have the city intercede so he could meet with the other property owner.   Mr. Moore said both Mr. Gergasko and the other property owner were private property owners and the city did not have the legal ability to do something to either property.   Mr. Moore said they could assist where possible but the city could not expend taxpayer dollars to solve the problem. 

          Mr. Gergasko complained about the engineering firm that designed the area. 

          Mr. Applegate suggested Mr. Gergasko contact the E.P.A. and get more answers to his questions and call Mr. Applegate back and tell him what answers he had received. 

          Mr. Gergasko asked if he should get a sample of the water and have it tested.  Mr. Applegate suggested he go ahead and call the E.P.A. and see if there was a violation. 

 

          Mayor Goudy said she realized that Mr. Gergasko was upset but she said that they have a top-notch city manager and he would do anything he could to help with the situation.   

 

          3.       A PROCLAMATION OF SUPPORT FOR THE AMERICAN CANCER SOCIETY RELAY FOR LIFE, NORTHMONT.

 

          Mayor Goudy read the proclamation of support for the American Cancer Society Relay for Life, Northmont area, and presented it to Hank Deneski.

 

          Mr. Deneski thanked Mayor Goudy and said that there were over one hundred volunteers for the Northmont Relay for Life.  He was the advocacy chairman and they have identified roughly seven hundred cancer survivors that they hope will be at the relay.  Mr. Deneski said they hope to have fourteen to fifteen hundred luminaries to remember those that have succumbed to the disease and to honor survivors.  He invited everyone to come out and he thanked the City of Union for the proclamation.

         

4.       Discussion and motion on renewal application for placement of farmland in an agricultural district for Dennis B. Swartz for property located on Phillipsburg-Union Road, east side of State Route 48, Old Springfield Road.

 

          Mayor Goudy said the following items, 4, 5, and 6 concerned a special taxing district. 

          Mr. Applegate said this was a requirement that was placed for owners of property that were in an agricultural district with a CAUV designation.    The city has approved these in the past and it was staff’s recommendation that the council approve the owner’s request.   This is done every five years.

 

          Mr. Bruns moved for the renewal of the application for placement of farmland in an agricultural district for Dennis B. Swartz for the property located on Phillipsburg-Union Road.  Mr. Blackwell seconded the motion.  All concurred and the motion was passed.

 

5.       Discussion and motion on renewal application for placement of farmland in an agricultural district for Conrad M. Phillippi for property located on Phillipsburg-Union Road.

 

Mr. Bruns moved for the renewal of the application for placement of farmland in an agricultural district for Conrad M. Phillippi for the property located on Phillipsburg-Union Road.  Mr. Blackwell seconded the motion.  All concurred and the motion was passed. 

 

6.       Discussion and motion on renewal application for placement of farmland in an agricultural district for Kathryn A. Rapp for property located on the east side of State Route 48 and Old Springfield Road.

 

          Mr. Bruns moved for the renewal of the application for placement of farmland in an agricultural district for Kathryn A. Rapp for the property located on Old Springfield Road.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.

 

7.       Open Agenda   

 

Mrs. Perkins encouraged everyone to support the Relay for Life.  She said her family has been involved for many years.  She said it was very touching to attend and witness the luminary ceremony.  She said if anyone was a survivor, she encouraged him or her to contact Relay for Life.  

 

Mr. O’Callaghan asked about the bridge on Old Springfield Road.  Mr. Applegate said that was the responsibility of the Montgomery County Engineers.  Mr. Applegate offered to drive by and check it out.

 

Mr. Bruns asked if Mr. Applegate was going to mention the results of the Oakwood survey on water and sewer costs. 

 

Mr. Applegate said the annual survey that is being done by Oakwood and was formerly done by Englewood, shows where the city stands in the water and sewer costs.  Mr. Applegate said out of sixty-eight communities, Union is the third lowest in the combined rate, which is very good.  For sewer rates, Union is fourteenth out of sixty-three communities, and for water only, they are fourth lowest out of sixty-three communities.  Mr. Applegate said Union has done very well in this survey and they always have.

 

Mr. Applegate said weather permitting; they should have Phillipsburg-Union Road patched and open by the weekend.  He said they were going out for bids for asphalt.  Mr. Applegate said they would be adding an overlay on the road.  He said before that, they will get the road open and he asked people to watch their speed because the road will be a little rough.    They still have some sidewalks, curbs, and clean up to do but they will keep the road open for traffic. 

 

Mr. Bruns commented that in the annual water and sewer report, Oakwood had said that the collective rate increase over all the cities surveyed was almost four percent.  He noted that other cities with water and sewer had financial concerns and had to raise the rates.

 

          8.       Mr. O’Callaghan moved that the council meeting be adjourned.  Mayor Goudy seconded the motion.  All concurred and the meeting was adjourned.

 

Respectfully submitted,

           

 

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Denise A. Winemiller, Clerk of Council

                                                                                           

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Michael O’Callaghan, Vice Mayor