RECORD OF PROCEEDINGS

MEETING OF COUNCIL

May 11, 2009

 

 

Mayor Goudy called the City of Union council meeting to order on May 11, 2009 at 7:30 p.m. on Monday.

         

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

 

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

 

          Mayor Goudy called for a moment of silence. 

         

          Mrs. Winemiller said that both Mrs. Kyle and Mrs. Perkins had called in and said they were ill and not able to attend the meeting. 

 

          Mr. Bruns moved that Mrs. Perkins’ absence be excused.  Mr. Blackwell seconded the motion.  All concurred and her absence was excused.

 

          Mr. Bruns then moved to excuse Mrs. Kyle’s absence.  Mayor Goudy seconded the motion.  All concurred and her absence was excused.

 

          1.       Mayor Goudy asked if there were any additions or corrections from the minutes of the April 27, 2009 council meeting.  There were no corrections so Mr. Bruns moved that the minutes be accepted as prepared.  Mr. O’Callaghan seconded the motion.  All concurred and the minutes were accepted as prepared.

 

          2.       Mayor Goudy clarified that there were no citizens or visitors that had indicated that they wanted to address the council.

 

            3.       SECOND READING – ORDINANCE 1468 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITIES OF UNION AND CLAYTON FOR THE PROVISION OF WATER AND SEWER TO A CERTAIN AREA WITHIN THE CITY OF CLAYTON. (three readings)

 

          Mr. O’Callaghan moved to have the second reading of Ordinance 1468.  Mr. Bruns seconded the motion.  All concurred and Ordinance 1468 was passed to the third reading.

           

          4.       ONE READING – ORDINANCE 1469 - AN ORDINANCE ACCEPTING THE BID FROM H. D. SUPPLY WATER WORKS FOR WATER LINE MATERIALS FOR THE OLD SPRINGFIELD ROAD WATERLINE EXTENSION PROJECT IN THE CITY OF UNION. (waive three readings)

         

          Mr. Applegate said that H. D. Supply Water Works was the best bid for the City of Union.  This is for the new water line that will supply the water to the new water tower, which is the next ordinance on the agenda.  This water line will be on the east side of the river and will go to the area on Dog Leg Road and the north.  They anticipate starting the project in mid July or the first of August.

 

          Mr. Bruns moved that they suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1469.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed. 

 

          Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1469.  Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1469 was adopted.

 

          5.       ONE READING – ORDINANCE 1470 - AN ORDINANCE ACCEPTING THE BID           FROM PHOENIX FABRICATORS AND ERECTORS, INC. FOR THE ERECTION OF A NEW 500,000 GALLON ELEVATED WATER STORAGE TANK PROJECT IN THE CITY OF UNION. (waive three readings)

 

          Mr. Applegate said this is for the water tower that will be erected close to the intersection of Furnas Road and Old Springfield Road on ground purchased from Ron Jackson.  The tower should be up within one year and then the tower behind city hall can be eliminated.  Mr. Applegate said that will bring the city’s storage capacity from 650,000 gallons to one million gallons.

          Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1470.  Mr. Blackwell seconded the motion.  All concurred and the motion was passed.

 

          Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1470.  Mr. Blackwell seconded the motion.  All concurred and Ordinance 1470 was adopted. 

 

          6.       ONE READING – ORDINANCE 1471 - AN ORDINANCE AMENDING 1311.01 OF THE UNION CODE, ADOPTING THE 2006 RESIDENTIAL BUILDING CODE OF OHIO FOR ONE, TWO, AND THREE FAMILY DWELLINGS. (waive three readings)

 

          Mr. Applegate said he and Mr. Green went to a public hearing in Columbus on May 1 and the City of Union has been approved for residential building inspections for one, two, and three family residential building inspection programs.   This is the first step of the process in forming a building department where the city can do all inspections, for commercial and residential properties.  The 2006 building code is the most recent and replaces the 2004 building code that had been adopted earlier.

 

          Mr. Bruns commented that they had changed Section II, changing it to read, “This Ordinance shall take effect and be in force from and after the earliest period allowed by law”.  Mr. Moore said the ordinance would not need to be amended because the ordinance had been corrected for the meeting.

 

          Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1471.  Mr. Blackwell seconded the motion.  All concurred and the motion was passed.

 

          Mr. Bruns moved to have the only reading and adopt Ordinance 1471.  Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1471 was adopted.

 

          7.       ONE READING – ORDINANCE 1472 – AN ORDINANCE AMENDING CHAPTER 1351 OF THE UNION CODE, RELATING TO BUILDING PERMIT FEES, DETERMINING THE COST OF ELECTRICAL PERMITS IN THE CITY OF UNION.  (waive three readings)

 

          Mr. Applegate said with the approval of the City of Union Building Department for one, two and three family dwellings, this ordinance allows the city to do the electrical inspections and charge for permits once Union has separated from Montgomery County.  This ordinance will be in place and ready to go.

 

          In response to a question, Mr. Green researched the permit fees from other jurisdictions and the city’s fees are comparable. 

 

          Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regards to Ordinance 1472.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.

 

          Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1472.  Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1472 was adopted.

 

          8.       ONE READING – ORDINANCE 1473 – AN ORDINANCE AMENDING CHAPTER 1351 OF THE UNION CODE, RELATING TO BUILDING PERMIT FEES, DETERMINING THE COST OF HVAC/GAS PERMITS IN THE CITY OF UNION.  (waive three readings)

 

Mr. Applegate said this is similar to Ordinance 1473.  He said the passage of both of these ordinances will allow residents to come into the city building and get permits without having to go to Montgomery County.   Mr. Applegate said they would not be doing the plumbing right away until they get the other permits up and running and see how everything is going.

 

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1473.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1473 on the first reading.  Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1473 was adopted.

 

9.  ONE READING – ORDINANCE 1474 - AN ORDINANCE AMENDING SECTION 1381.99 OF THE CODIFIED ORDINANCES AND DECLARING AN EMERGENCY.

 

          Mr. Applegate said this is to amend the ordinance pertaining to the presale ordinance on inspection of houses.  Mr. Applegate brought their attention to the fourth “whereas” and read:

 

WHEREAS, this Ordinance is for the immediate preservation of the public health and safety of the citizens of the City of Union and their property and for the further reason that its passage will enable the City of Union to have immediate additional means and authority to enforce subsequent violations of Chapter 1381 of the Codified Ordinances;

 

     Mr. Applegate said they were adding another phrase in the penalty section, on “continuing violations”, so each day the problem goes on without being corrected becomes an additional violation.  This will strengthen that ordinance.

 

           Mr. Moore said that presale ordinance has worked very well and they have only gone to court once or twice on this.  Mr. Moore said the premise behind this ordinance is that the seller can repair the property or the person that is buying the property, by contract, can assume the duty of repairing the property.   In cases where they would go to court, this would be a fourth degree misdemeanor with a maximum penalty of $250.00 fine and 30 days in jail.  If a person would plead guilty, they could be charged but they had added the wording, “Each day’s failure to comply with any such section or subsection, or order, shall constitute a separate violation.”  This gives the city the ability to handle this situation if and when it occurs.   Mr. Moore said overall this program has worked very well and it keeps the housing stock in the community in repair.  Mr. Moore added that is why the Supreme Court allows cities to have these kinds of ordinances.   Mr. Applegate said that they do over 100 presales a year and the inspection costs $50.00.

          Mrs. Terry asked about a property that needed to have the driveway replaced and the property owner could not afford the work.  Mr. Applegate said that if the seller cannot afford to correct the problem, the buyer can sign a transfer agreement where they will do the repairs on the house within a certain time period.  It becomes the buyer’s responsibility and if they fail to correct the problems, that is the person that the city would take to court.

  

          Mr. Bruns moved that Ordinance 1474 be declared an emergency for the reasons set forth in the ordinance.   Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.

 

          Mr. Bruns then moved to have the one and only reading and adopt emergency ordinance 1474.  Mr. O’Callaghan seconded the motion.  All concurred and emergency ordinance 1474 was adopted.

 

          10.        Open Agenda

 

                   Mrs. Goudy said that she works out of town but still has people tell her how clean and well maintained the city is and that they are impressed with the City of Union.   She asked Mr. Applegate to pass that along to the city staff. 

 

                   Mr. O’Callaghan said they would like to award the Spirit of Union award so he invited people to look at all of the nice houses and all of the work that the residents were doing and submit nominations.

 

                   Mrs. Winemiller reminded everyone of the city wide garage sale to be held on June 4, 5 and 6.   

 

                   Mr. Applegate said that he would like to talk to the council about purchasing a piece of equipment through the state cooperative purchasing bid.   The city is always looking for better ways for maintaining the city and they are working to remove a plant species that is not native to this area, (honeysuckle), which is over running everything.  Mr. Applegate showed the council a picture of the equipment, called a Fecon, and said he would be showing a video of the equipment later during the meeting. 

                   Mr. Applegate said they first saw this piece of equipment being used by the park district.   The equipment is made south of Dayton, in Mason.  The piece of the equipment that operates it is roughly $150,000 to 160,000 dollars. 

                   Mr. Applegate said that in talking with people, they found that Bobcat has a Fecon Forestry Cutting Head that is specially made for a Bobcat.  That is what the city would like to purchase with the attachments.  They could buy other attachments that would go with it.  This would be a labor saving device, to clean right of ways.  Mr. Applegate said they will be testing it by cleaning the right of way along East Martindale.  They have permission from the property owner.  They will fill the ditch back in and replace the fence which will make the area much safer.  Cleaning by hand is not an easy job and this equipment will make things much faster and easier.

 

                   Mr. Applegate said this machine is able to turn the brush into mulch.

                   Mayor Goudy asked if this would still leave the roots.  Mr. Applegate said these plants can be sprayed and killed but the brush that is left looks terrible.  This new equipment could remove the unsightly brush and in the spring, when the plant shoots come back from the roots, the city will then spray it and be able to finish getting rid of it.  This equipment can take down up to a four or five inch tree.

                    Mr. Applegate said this equipment can be purchased through the state bid and is roughly $85,000 with all of the attachments.  The city would also like to purchase an auger that will do multiple sizes of post holes.  The city will also look at getting a trencher, forestry cutter and a six foot bucket.  This will be with rubber tracks and will save the city a lot of labor.  This would be from Bobcat of Dayton and is brand new.  To buy new, without going through state bid would be $125,000. 

                   The city has been looking for a used Bobcat for years.  To rent one, which the city had considered, was $4,000.00 per week.  Clearing these right of ways would take years for the city to do this work by hand and having this equipment will save many hours of manpower.

                   Mrs. Winemiller said that the financing would be through an Ohio CAF program, “Money When You Need It” where you can short term finance whatever project you have in mind and can later convert it to five, seven, or ten year bonds. 

                   Mr. Applegate said he would like authorization by a motion from the council to purchase the Bobcat and attachment because it has already gone through a state bid. 

 

            Mr. Bruns moved to authorize the city manager to purchase the Bobcat and the equipment that goes with it.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.

 

          11.     Executive session to discuss pending litigation.  No decision will be made following the executive session.

 

          Mayor Goudy moved to recess into an executive session and invited Mr. Applegate, Mrs. Winemiller and Mr. Moore to be present.  Mr. O’Callaghan seconded the motion.  All concurred and the council adjourned into an executive session. 

         

          Mayor Goudy moved to reconvene the meeting.  Mr. O’Callaghan seconded the motion.  All concurred and the meeting was reconvened.

 

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

 

          Mr. Bruns added that the next council meeting would be on Tuesday, May 26, 2009 because of Memorial Day.

 

Respectfully submitted,

           

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Denise A. Winemiller, Clerk of Council

                                                                                            

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Michael O’Callaghan, Vice Mayor