RECORD OF PROCEEDINGS

MEETING OF COUNCIL

November 10, 2008

 

Mayor Goudy called the November 10, 2008 City of Union council meeting to order on Monday evening at 7:30.   Attendance was taken and the following council members were present:  Mr. Bruns, Mrs. Terry, Mrs. Kyle, Mayor Goudy, Mr. O’Callaghan, Mr. Blackwell, and Mrs. Perkins.  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.

 

          1.       Mayor Goudy asked if there were any additions or corrections from the minutes of October 27, 2008. 

 

          Mrs. Perkins asked for a correction in her statement during the open agenda portion of the meeting.  She said the minutes should not read “first quarter” but “each quarter” referring to the income tax.

 

          Mr. Bruns moved that the minutes of October 27, 2008 be approved with the correction of Mrs. Perkins comment.  Mayor Goudy seconded the motion.  All concurred and the minutes were accepted with that correction.

 

          2.       There were no comments from any citizens and visitors in the audience.

 

3.       ONE READING – ORDINANCE 1460 – AN ORDINANCE OF THE CITY OF UNION, OHIO APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES OF THE CITY OF UNION AND TO AMEND OR ENACT SECTIONS OF THE TRAFFIC, GENERAL OFFENSES CODES TO CONFORM TO ENACTMENTS OF THE GENERAL ASSEMBLY AND DECLARING AN EMERGENCY.

 

          Mr. Applegate said this is the city’s annual ordinance where all of the ordinances that were passed need to be incorporated into the city’s code.  This needs to be passed as an emergency so all of the state laws that are already in effect can be incorporated into the Union code. 

 

Mr. Bruns moved that they suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1460.  Mrs. Kyle seconded the motion.  All concurred and the motion was passed.

 

Mr. Bruns commented that Ordinance 1460 needed to be passed as an emergency so after consulting with Mr. Moore, the law director, Mr. Bruns moved that the first motion to pass Ordinance 1460 be withdrawn.  Mr. O’Callaghan seconded the motion.  All concurred and the first motion was withdrawn.

 

          Mr. Bruns then moved that Ordinance 1460 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 Ordinance 1460. Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1460 was adopted.

 

4.       ONE READING – RESOLUTION 08-11- A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE LAW OFFICE OF THE MONTGOMERY COUNTY PUBLIC DEFENDER TO PROVIDE LEGAL SERVICES FOR INDIGENT PERSONS CHARGED WITH JAILABLE OFFENSES UNDER THE CITY’S LOCAL ORDINANCES.

 

          Mr. Applegate said this was also an annual housekeeping measure authorizing the city manager to enter into a contract so the Montgomery County Public Defender’s Office can appoint a public defender to defend anyone that is charged under the city’s local codes.

          Mr. O’Callaghan moved to have the one and only reading and adopt Resolution 08-11.  Mr. Bruns seconded the motion.   All concurred and the motion was passed.  Resolution 08-11 was adopted.

 

          5.       Open Agenda

 

          Mayor Goudy asked if there were any problems with the leaf pick up program.  Mr. Applegate said there were no problems, so Mayor Goudy asked that residents get their leaves out to the curb so the city can get them picked up.

 

          Mr. O’Callaghan said the annual Christmas tree lighting will be Sunday, November 30, at 6:00 p.m. at the corner of Martindale and Montgomery Street.  He added that everyone was invited.

          Mr. O’Callaghan said that November 11 was Veteran’s Day and he asked everyone to proudly display their flags, remember the armed forces and be appreciative for what we have today.

 

          Mrs. Kyle and Mrs. Terry commented that the city leaf pick up crews were doing a great job. 

 

          Mrs. Winemiller reminded everyone that the city is having a holiday food drive and were taking donations in the front lobby.  All food will be given to the FISH program.  After Thanksgiving, the city will also be collecting food for Christmas. 

 

          Mr. Moore said, referring to the passage of the Public Defender’s contract, prior to the existence of the Public Defender organization, over thirty-five years ago, the person charged with an offense had to pay for an attorney.  Now, due to the existence of the Public Defender’s office, if a person is charged, he has the right to an attorney and a public defender is appointed to represent him. 

 

          6.       Mayor Goudy said that the council needed to adjourn into an executive session.  Mr. O’Callaghan moved that the council adjourn into executive session and he asked that Mr. Applegate, Mrs. Winemiller, and Mr. Moore attend the executive session to discuss the purchase of real estate.  No action will be taken after the executive session.   Mr. Blackwell seconded the motion.  All concurred and the motion was passed.

         

          Mr. Bruns moved that the council meeting be reconvened.  Mayor Goudy seconded the motion.  All concurred and the meeting was reconvened.

 

          7.       Mr. O’Callaghan moved that the council meeting be adjourned.  Mayor Goudy seconded the motion.  All concurred and the November 10, 2008 City of Union 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