June 11, 2007




The City of Union council meeting was called to order by Mayor Beyer on June 11, 2007, Monday evening at 7:30 p.m.


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

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


            Mrs. Terry and Mrs. Goudy were absent from the meeting and neither one had called in.  Their absences were not excused.


            Mayor Beyer called for a moment of silence.


            1.         Mayor Beyer asked if there were any additions or corrections from the minutes of the May 29, 2007 council meeting.  Mrs. Perkins asked that her name be added as attending the meeting.  Her name was omitted in error.

            With the correction of adding Mrs. Perkins’ name in the second paragraph as attending the meeting, Mr. Bruns moved that the council minutes be accepted as prepared.  Mr. O’Callaghan seconded the motion.  All concurred and the minutes were accepted with a correction.


            2.         Mayor Beyer said there were no citizens that had indicated they wanted to address the council. 




Mr. Applegate said this ordinance needs to be passed and contains all the rules and regulations for the one percent income tax.  The city will be entering into a contract with the City of Vandalia for the collection of the income tax.  Vandalia already collects for themselves, Englewood, and Brookville. 


Mr. Bruns commented that the city is allowed to pass this ordinance as an emergency ordinance because it is strictly rules and regulations.


Mr. Bruns moved that they suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1418.


Mrs. Perkins said she had several questions on the income tax rules and regulations. 

She asked about the possibility of consolidated returns and joint returns, and if each taxpayer would have to file separately or if the rules were dealing just with a corporation.  Mr. Applegate said he could find out by checking with the administrator at Vandalia. 

Mrs. Perkins asked if 401K’s were taxable or excluded because she thought they were taxed when they were cashed in.  She wanted to be sure that there was not double taxation on the same funds.


Mr. Applegate said he could check on that and get with Bill Estep, the administrator at Vandalia. 


Mr. Applegate added that even if Ordinance 1418 was passed, it could easily be amended at the next council meeting.  Mr. Applegate said they would like to get the legislation passed because they wanted to proceed with notifying the businesses and residents about the income tax.


Mr. Bruns restated his motion to suspend the charter requirement of three separate reading on three separate days in regard to Ordinance 1418.  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 No. 1418.  Mr. O’Callaghan seconded the motion.  All concurred and emergency ordinance 1418 was adopted.


Mayor Beyer asked if Mr. Applegate would respond to Mrs. Perkins by phone, writing, or e-mail.  Mr. Applegate said he would first get an answer and then call her if it was simple answer to her question.  He said he would get the information to her by the next day if at all possible.  Mayor Beyer asked if the other council members could have the information also and Mr. Applegate said if they were interested, he would provide them all with the information to the questions. 

Mrs. Perkins then asked if they could introduce the new information at the next meeting.




Mr. Applegate said this ordinance was dealing with the concerns of Dave Stamper about the blaring radios, etc. from traffic on Martindale Road.  They have looked at the various communities and most of them have the same regulations but Englewood has a specific section dealing with sound coming from vehicles.


Mr. Applegate said they could amend the code and make it more specific.


Mr. Applegate cautioned that even with the change, it still comes down to if the police officer hears it, they can cite the person. Otherwise, the person hearing the noise would have to sign a complaint.  Mr. Applegate said this ordinance does not have anything to do with the decibels, but with the ear.  If the radios can be heard outside of the car it is not permitted.


Mrs. Perkins asked about the ice cream trucks you hear in town.  Mr. Bruns said it would not apply to that situation because that would be a commercial vehicle.  Mr. Bruns said the noise ordinance goes into great detail and does get rather specific.   


Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance No. 1419.  Mayor Beyer seconded the motion.  All concurred and the motion was passed.


Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1419.  Mayor Beyer seconded the motion.  All concurred and Ordinance 1419 was adopted.


5.         Open Agenda


            Mrs. Kyle said the chairs in the council room looked very nice and she wished all the fathers a “Happy Father’s Day”. 


            Mr. Bruns asked about the chairs that are actually the conference room chairs.  Mr. Applegate said they could not get the high back chairs like the ones they had for the council room.  Mayor Beyer thought the new chairs were nice.  The council members like the extra space at the dais due to the smaller size of the chairs.  A few council members did not like the color but a different color was planned for the council chamber. 


            Mayor Beyer suggested that they go ahead and make the purchase of the chairs for the council. 


            Mr. Applegate said they were moving fast and furious on the fire station.  He said by the end of next week, they were hoping to finish the parking lot.  The concrete was going down and the concrete approaches.  He hoped it would be paved during the following week. 

            They want to have a walk through the department and have the warranty checks and soon have the station up and operating from the remodeled facility.


            Mayor Beyer said he noticed that the Public Safety Director has a new vehicle.  Mr. Applegate said with this vehicle, they now have a fully operational mobile command center.  The Chief’s old vehicle was passed on to one of the police department’s lieutenants. 


            Mr. Applegate said the north lift station on State Route 48 got struck by lighting and the motors went out a week and a half later.  Everything had to replaced.    The items were only a year old and are insured.  Lighting also hit the iron removal building.


            Mr. Moore said he wanted to point out something concerning the ordinance on noise and boom boxes.  He stated that this is like many of the ordinances, where the police cannot show up after the fact and charge someone.  This ordinance requires someone to participate that heard the noise violation and will testify in court.  They cannot say “I heard it so you can charge them”.  Mr. Moore said this would require participation by the citizens.  


            6.         Mr. O’Callaghan moved that the council meeting be adjourned.  Mayor Beyer seconded the motion.  All concurred and the June 11 council meeting was adjourned.



Respectfully submitted,



Denise A. Winemiller, Clerk of Council



Michael O’Callaghan, Vice Mayor