RECORD OF PROCEEDINGS

MEETING OF COUNCIL

January 10, 2007

 

 

            Mayor Beyer called the City of Union special council meeting to order on Wednesday, January 10, 2007 at 7:30 p.m.

 

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

 

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

 

            Mayor Beyer called for a moment of silence.

 

            Mayor Beyer asked that his colleagues feel free in questioning the candidates in the interviews.  He told the candidates that there was no right answer to each question.  He also suggested that they give an opinion rather than saying they want to study the issue.  

            Mayor Beyer said once they were finished with the executive session they would have a public vote on every candidate.  Mayor Beyer said the candidates would be brought in for each interview in alphabetical order and that is also the order on which they would vote. 

            Mayor Beyer informed the candidates that even though his term was up in 2009, if they wanted to continue to serve on the council, they would have to run for election in November of this year.

 

            Mr. Moore commented that if they would vote on each candidate, the first one that would get a majority of the votes would end the voting on the remaining candidates. 

 

            1.        Mayor Beyer moved that the council adjourn to an executive session to interview the applicants for council and that the applicants would be brought into the executive session individually.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.

 

            After the executive session, Mayor Beyer moved to reconvene the council meeting.  Mr. O’Callaghan seconded the motion.  All concurred and the council meeting was reconvened.

 

            2.         Mayor Beyer said the council had interviewed all of the candidates and thought they were all very good.  Mayor Beyer said they would need a minimum of four council

members to vote in favor of the candidate so they could serve on council.

 

            Mayor Beyer moved to appoint David Blackwell to fill the vacancy of council member.  Mrs. Goudy seconded the motion.  Mr. Bruns, Mayor Beyer, and Mrs. Goudy voted for the motion and Mrs. Terry and Mr. O’Callaghan voted against the motion.  The vote was three in favor, two against.

 

            Mayor Beyer moved to appoint Joseph Channel to fill the vacancy for council.  Mrs. Terry seconded the motion.  Mr. Bruns, Mrs. Terry, and Mayor Beyer voted for the motion and Mr. O’Callaghan, and Mrs. Goudy voted against the motion.  The vote was three in favor, two against.

 

            Mayor Beyer then moved to appoint Mr. Gier to fill the vacancy for council.  Mr. Bruns seconded the motion.  Mr. Bruns voted for the motion, and Mrs. Terry, Mayor Beyer, Mr. O’Callaghan, and Mrs. Goudy voted against the motion.  The vote was one in favor, four against. 

 

            Mayor Beyer moved to appoint Ron Jackson for the vacancy for council.  Mr. O’Callaghan seconded the motion.  Mr. O’Callaghan and Mrs. Goudy voted for the motion and Mr. Bruns, Mrs. Terry, and Mayor Beyer voted against the motion.  The vote was two in favor and three against.

 

            Mayor Beyer then moved to appoint Robin Perkins for the vacancy for city council.  The motion was seconded by Mrs. Goudy.  Mayor Beyer and Mrs. Goudy voted in favor of the motion and Mr. Bruns, Mrs. Terry, and Mr. O’Callaghan voted against the motion.  The vote was two in favor and three against.

 

            Since there was not a majority vote, Mayor Beyer asked Mr. Moore if it was up to him to appoint a candidate or if there would be a new vote.  Mayor Beyer said this situation had never occurred before.

            Mr. Moore said that the council could, by motion, move to amend the agenda and vote again on the applicants for council.  The council did have a deadline to appoint a new council member. 

            Mayor Beyer asked if he could forgo the right of appointing a council member.   In checking the charter, Mr. Moore said Mayor Beyer did not have that option.  Mr. Moore read the section of the charter.

 

            Section 2.11 Vacancies, Forfeiture of Office; Filling of Vacancies

 

F.  If a vacancy on Council occurs and no appointment to fill the vacancy can be made because no qualified candidate for appointment receives a majority vote of the remaining Councilmembers within 30 days of the official announcement that a vacancy exists, the Mayor shall appoint one of the qualified candidates to fill the vacancy.

           

            Mr. Bruns asked if he could make a motion to vote again for the two top candidates, that had the most votes.  Mr. Bruns asked if that would change anyone’s vote to achieve a four to one or five to zero vote. 

            Mrs. Terry felt that the Mayor should appoint the council member.  Mr. Bruns said the council still has the option to vote.  He said he would prefer that the new council member be selected by the majority of the council.   Mr. Bruns said it was the council’s duty to appoint the council member and if they were unable, the Mayor would appoint someone to fill the vacancy.    

            Mr. Bruns moved to amend the agenda to have a second vote of only the two top vote getters of the previous voting cycle.  Mr. O’Callaghan seconded the motion. Mr. Bruns and Mr. O’Callaghan voted for the motion and Mrs. Terry, Mayor Beyer and Mrs. Goudy voted against the motion.  The motion was not passed. 

 

            Mr. Moore said Mayor Beyer did not have to make the decision to choose a council member at this meeting but he would need to do it before the next council meeting.

 

            Mayor Beyer said his decision was to appoint Ms. Perkins to fill the vacancy on the city council. 

 

            Mayor Beyer commented that he appreciated the other applicants coming forward and invited them to participate in the election for 2007. 

 

            Mayor Beyer invited Ms. Perkins to come forward to be sworn in as council member.  Ms. Perkins was sworn in by Mayor Beyer and took her seat on the dais.  

 

            Mayor Beyer moved to excuse Jean Kyle from attending the meeting due to illness.

Mrs. Goudy seconded the motion.  All concurred and her absence was excused.

 

            3.  Mr. O’Callaghan moved that the council meeting be adjourned.  Mr. Bruns seconded the motion.  All concurred and the council meeting was adjourned.

 

 Respectfully submitted,

           

 

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Denise A. Winemiller, Clerk of Council

                                                                                           

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Michael O’Callaghan, Vice Mayor