RECORD OF PROCEEDINGS
MEETING OF COUNCIL
The City of Union council meeting was called to order by Mayor Goudy on July 13, 2009. Attendance was taken and the following council members were present: Mr. Bruns, Mayor Goudy, Mr. O’Callaghan, and Mr. Blackwell. (Mrs. Perkins arrived later, after the roll call was taken)
Other city staff members present were John Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.
Mrs. Winemiller had received two messages from Mrs. Perkins and Mrs. Kyle. Mrs. Perkins was running late from work and would be coming to the meeting. Mrs. Kyle was not able to attend the meeting due to health reasons.
Mayor Goudy moved that Mrs. Kyle’s absence be excused. Mr. Blackwell seconded the motion. All concurred and her absence was excused.
Mayor Goudy asked Mr. Moore if they could proceed with the meeting without Mrs. Perkins. Mr. Moore suggested that they go on with the meeting and note that in the minutes. He added that if Mrs. Perkins did not arrive, they could handle that before the meeting was adjourned.
Mayor Goudy asked for a moment of silence.
1. Mayor Goudy asked if there were any corrections or comments on the minutes from the June 22, 2009 council meeting. There were no corrections so Mr. Bruns moved that the council minutes of the June 22, 2009 meeting be accepted as prepared. Mr. Blackwell seconded the motion. All concurred and the minutes were accepted as prepared.
2. Mayor Goudy noted that there was a citizen that wished to address the council.
The Mayor recognized Heather Quillen. Mrs. Quillen said she lived at 414 Merrymaid Drive and she was disappointed in the city for taking away all of the fun that she was trying to provide for her children. She said with the economy the way it was she could not afford a vacation so they purchased a sixty dollar pool, UL listed, that holds a depth of 23 inches of water but the height of the pool is 30 inches. She said she has a fence but it is not a privacy fence. She says she supervises the children in her yard at all times. She said she cannot afford to get a permit for the pool. Her children are 6, 4 and 1 years of age. She said she and her kids were upset about this. She said these types of pools weren’t around before and she wanted the regulations changed to allow these pools.
Mayor Goudy asked if she was cited for the pool and Mrs. Quillen said she was.
Mr. Applegate said that the city and state Ohio Revised Code require a six foot fence. He said that it is a safety issue not just for her children but for neighbor children. Mr. Applegate said there were too many drownings every year in back yard pools. The city has to enforce the requirement of the six foot fence.
Mr. Applegate said the Quillen’s have liability for having the pool. He said if she would call her insurance company, she would find that she could be liable for any accidents.
Mr. Bruns said the city has no options. They cannot change their regulations because it is a state law. It is beyond their control.
Mr. O’Callaghan asked about a size requirement for the pools. Mr. Applegate said anything with sides of 24 inches and up requires a permit, privacy fence, etc.
Mrs. Quillen brought up the city owned property at the corner of Old Springfield and Main Street. Mr. Applegate said there was a fence around it and there were stairs going down into the area and the city would be starting on that project shortly.
Mayor Goudy said she understood that this was not the answer Ms. Quillen was hoping for but they were bound by state law. She commented that she worked in another county and a few weeks ago a child had drowned in a back yard pool. She understood that Ms. Quilllen and her children were disappointed but because of the number of deaths, this is why the laws had to be enforced.
Mayor Goudy asked that the record show that Mrs. Perkins had arrived.
3. Public Hearing on request for change of zoning district from Light-Industrial to Agricultural-Residential on 11995 and 11975 Frederick Pike for Horse-N-Around Farms.
Mayor Goudy opened the public hearing on a request for a change of zoning district.
Mr. Applegate said that the people that had requested the zoning change were not present. He said he had received a call from the property owner requesting that the public hearing be continued or tabled to the next meeting because there was some difficulty in getting the financial arrangements together and the owner wants to make sure that is done before the zoning is changed.
Mr. Bruns moved that the public hearing on the rezoning be tabled to the next council meeting on August 10, 2009. Mr. O’Callaghan seconded the motion. All concurred and the public hearing will be continued at the next council meeting on August 10, 2009.
The public hearing was postponed.
4. ONE READING – ORDINANCE 1476 - AN ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED AND DECLARING AN EMERGENCY.
Mr. Applegate said that items # 4 and # 5 on the agenda would need to be tabled to go along with continuing the public hearing on the zoning at the next meeting.
Mr. Bruns moved that item # 4, the one reading of Ordinance 1476 be tabled until the next council meeting. Mr. O’Callaghan seconded the motion. All concurred and the motion was passed.
5. FIRST READING – ORDINANCE 1476 - AN ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED. (three readings)
Mr. Bruns moved to that item # 5, the first of three readings of Ordinance 1476 be tabled until the next council meeting on August 10. Mr. O’Callaghan seconded the motion. All concurred and Ordinance 1476 was tabled.
6. ONE READING – RESOLUTION 09-03 - A RESOLUTION DECLARING THE OFFICIAL INTENT AND REASONABLE EXPECTATION OF THE CITY OF UNION ON BEHALF OF THE STATE OF OHIO (THE BORROWER) TO REIMBURSE ITS WATER FUND FOR THE ELEVATED WATER TANK REPLACEMENT CD18L WITH THE PROCEEDS OF TAX EXEMPT DEBT OF THE STATE OF OHIO.
Mr. Applegate said this resolution is required for the loan for the new water tower on the east side of the river. This allows the city to seek reimbursement for materials and services that the city expends money for out of their water fund. The staff recommends the adoption of this resolution.
Mr. O’Callaghan moved to have the one and only reading and adopt Resolution 09-03. Mr. Bruns seconded the motion. All concurred and Resolution 09-03 was adopted.
7. ONE READING – RESOLUTION 09-04 – A RESOLUTION ADOPTING AN IDENTITY THEFT POLICY.
Mr. Applegate said as the memo to the council stated, the passage of this resolution is required by the Federal Trade Commission to be in compliance with the new Red Flag Rules created for municipalities and other government organizations. Originally the city was ready to bring this forward in November 2008, then it was postponed to May 2009, and now it is set to go into effect on August 1, 2009.
This policy defines how the city is to treat and protect the sensitive information that they get from the customers. The adoption of this policy will protect employees, customers, and contractors from the loss and misuse of sensitive information. The city needs to adopt this resolution by August 1.
Mr. Moore said that the city is involved in this because they are a creditor and because they are a utility company. Creditors are governed by this act. The city will have to do certain things to protect private information.
Mr. Bruns asked if this would be changed or postponed again. Mr. Applegate said as of this time, it had not been postponed. Mr. Moore said other cities have already adopted this policy. Mr. Bruns was concerned that the city would pass this and the date could change or it would be postponed again. Mr. Moore said he did not think they would need to redo the resolution and that the important thing was to go ahead and pass this resolution so the city would be covered.
Mrs. Perkins asked if there was any flexibility or if this was a standard policy. Mr. Applegate said as they get into this, they would be able to change the policy and make modifications.
Mr. Bruns moved to have the one and only reading and adopt Resolution 09-04. Mr. O’Callaghan seconded the motion. All concurred and Resolution 09-04 was adopted.
8. Motion to approve the Asking FY/2010 Budget recommended by the Budget Committee.
Mr. Bruns said the budget committee did meet with the City Manager and the Finance Director and went through the budget. The budget committee recommended the passage of the asking FY/2010 budget.
Mr. Bruns moved to approve the Asking FY/2010 Budget. Mrs. Perkins seconded the motion. All concurred and the Asking FY/2010 Budget was approved.
9. Open Agenda
Mayor Goudy mentioned that Chief Blackwell received a very nice letter from Betty Brown, complimenting the crew that responded to a 911 call. Mayor Goudy read the letter to the council. Mayor Goudy added that the city has received quite a few thank you cards and she said the city staff is top notch and that she appreciates citizens taking the time to write these thank you notes to the city.
Mayor Goudy announced that she recommended Helen Oberer to be appointed to the vacant council seat. This was the only application that the city had received. Mayor Goudy commented that Helen has always been very involved with the city as a volunteer and has served on the city’s park board. She moved that Helen Oberer be appointed to fill Mrs. Terry’s vacant council seat. Mr. Bruns seconded the motion. All concurred and Helen Oberer was appointed to the council.
Mayor Goudy asked Mrs. Oberer to step forward and she was sworn in as council member and took her place on the council dais.
Mrs. Perkins apologized for being late and said she was held up at work.
Mr. Blackwell said he had driven through the Irongate Estates development and the roads looked good but there were some lots that needed mowed. He asked if the developer was responsible. Mr. Applegate said they were responsible and the lots had been mowed several times and were set to be mowed again.
Mr. O’Callaghan asked if there was any progress on the water tower. Mr. Applegate said the road was cut through that day, the gravel was in place and they would start digging the foundations on Tuesday, July 14.
Mr. O’Callaghan also complimented the condition of the parking lot around the River Road pond. He said it looks very nice.
Mr. Applegate said they were looking at what it would take to refurbish the pond. They would be cleaning up the brush and trying to open the area back up. Quite a few people go down there to fish so that is something they were working towards making improvements in that area.
Mr. Bruns welcomed Mrs. Oberer to the council. He said he was sure that she would do a good job. He acknowledged that she had been a volunteer for the Toll Road Festival, and had served on the park board.
Mr. Bruns reminded everyone that the next council meeting would be on August 10, 2009 and that they were skipping the second meeting in July.
In addition, Mr. Bruns asked if there was some damage to one of the basketball back boards in the park. Mr. Applegate confirmed that there was and said they had ordered a replacement.
Mr. Applegate welcomed Helen Oberer to serve on the council. He said she had done an excellent job with her volunteering and serving on the park board and he was looking forward to her serving in this new capacity. He said she would do a great job like all of the council does.
Mr. Applegate said they were working on the 2009 street program. The city was doing a lot of the crack sealing and most of the streets that the city crews are working on will also be slurry sealed. They will do some crack sealing on other streets but not to the extent that they were prepping the roads for the Slurry Seal.
Mr. Moore said that the Water Wheel Farm annexation started some time ago. The city had won the case and the appeals through several courts and then Butler Township appealed the case to the Supreme Court. The township had already filed their briefs and now Union, as of July 8, has filed their briefs so everything has been submitted to the Ohio Supreme Court. They hope to have some kind of results in three to six months.
Mr. Moore wanted to address the housing situation. He said sometimes people are abandoning properties and sometimes properties are being foreclosed. He said that the foreclosure process is a court proceeding that takes a lot of time.
The city is looking at a certain situation that can occur when people walk away from a property but they are still owners until the foreclosure sale goes through. Owners of the house are removing anything of value from the exterior and the interior. Since the city has a house maintenance code, it is the city’s position that anytime an owner is taking anything of value from the house, and dismantling the house, that is in violation of the house maintenance code. The city may be taking action against a homeowner that is in foreclosure but is taking items of value from the property. Mr. Moore said he wanted to make the council aware of that.
Mr. Applegate said they just have one property that is a problem but they are looking at how they can enforce that kind of situation.
10. Mr. O’Callaghan moved that the council meeting be adjourned. Mr. Blackwell seconded the motion. All concurred and the council meeting was adjourned.
Denise A. Winemiller, Clerk of Council
Michael O’Callaghan, Vice Mayor