RECORD OF PROCEEDINGS

MEETING OF COUNCIL

June 25, 2007

 

 

           

            Mayor Beyer called the City of Union council meeting to order on June 25, 2007, Monday at 7:30 p.m.  Attendance was taken and the following council members were present at the meeting:  Mr. Bruns, Mrs. Kyle, Mayor Beyer, Mrs. Goudy, and Mrs. Perkins.  Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Mike Blackwell, Public Safety Director, and Joe Moore, Law Director.

 

            Mrs. Winemiller said that Mrs. Terry had called and left a message but had not provided a reason for her absence.  She was not excused from attending the meeting.

 

            Mayor Beyer said that Mr. O’Callaghan was on vacation so Mayor Beyer moved that Mr. O’Callaghan’s absence be excused.  Mrs. Goudy seconded the motion.  All concurred and Mr. O’Callaghan’s absence was excused. 

 

            Mayor Beyer called for a moment of silence.

 

            1.         Mayor Beyer asked if there were any additions or corrections to the council minutes from the June 11, 2007 council meeting.  There were no corrections so Mr. Bruns moved that the minutes be accepted as prepared.  Mayor Beyer seconded the motion.  Mrs. Goudy abstained and the other council members voted for the motion.  The minutes were accepted as prepared.

 

            2.         Mayor Beyer recognized three citizens that wished to address the council.

 

            Mr. Stamper from West Martindale Road brought up the subject of boom boxes that he said were too loud.   Mayor Beyer said they had tried to address that at the last meeting and the council had passed a revision on the noise ordinance.   Mayor Beyer and Mr. Stamper discussed the possibility that a resident would have to come forward and testify if the police officer did not witness the event.  Mr. Moore said the police would have to either witness the incident or the citizen would have to file a complaint. 

 

            Chief Blackwell said in the last two weeks they have charged five people with the new ordinance but it is not necessarily taking care of the people that are causing the problem with Mr. Stamper.  Chief Blackwell asked Mr. Stamper to keep him informed.

 

           

 

            Tom Hellard said after thirty-nine years in fire service, he was glad to see the command car and wanted to compliment the City Manager, city staff, council, and public safety director on a nice vehicle.  Mayor Beyer asked how often they had used the equipment.  Chief Blackwell said he had been dispatched to several fire calls and he has used the resources of the vehicle.  He has also used some of the resources on the vehicle on the law enforcement side of his position.

 

            Mrs. Collins from West Martindale Road read a letter from a serviceman that had lost his life in Iraq.  Mrs. Collins talked about Flag Day on June 14 and the proper treatment of the flag.  She also described several places where flags had been located in the City of Union’s past history. 

 

3.         ONE READING – ORDINANCE 1420 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $183,800 OF BONDS FOR THE PURPOSE OF PAYING THE COST OF IMPROVEMENTS TO THE CITY BUILDING AND PARTICIPATION IN THE CAPITAL ASSET FINANCING PROGRAM, AND DECLARING AN EMERGENCY.  

 

            Mr. Applegate said there were several ordinances on the agenda that were notes that were issued every year.  This process is to take the notes and turn them into bonds.  Mr. Applegate said that Brad Ruwe, the bond counsel from Peck, Shaffer and Williams was present to answer any questions.

            Mr. Ruwe said he would be happy to answer any questions but for general purposes, these are general obligation bonds and they will count against the city’s debt limitations but since the city has already incurred that debt, this is just a current refunding or financing.  There is no new debt. 

                       

Mr. Bruns asked why these were being passed as an emergency.  Mr. Applegate said these notes have gone through a three reading process initially and by law, they are allowed to be declared an emergency. 

 

            Mr. Bruns moved that Ordinance 1420 be declared an emergency for the reasons set forth in the ordinance.  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 emergency ordinance 1420.  Mrs. Perkins seconded the motion.  All concurred and emergency ordinance 1420 was adopted.

 

4.         ONE READING – ORDINANCE 1421 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $66,900 OF BONDS FOR THE PURPOSE OF PAYING THE COST OF REPLACING AN EXISTING WATERLINE, PARTICIPATION IN THE CAPITAL ASSET FINANCING PROGRAM, AND DECLARING AN EMERGENCY.

 

            Mr. Bruns moved that Ordinance 1421 be declared an emergency for the reasons set forth in the ordinance.  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 emergency ordinance 1421.  Mayor Beyer seconded the motion.  All concurred and emergency ordinance 1421 was adopted.

 

5.         ONE READING – ORDINANCE 1422 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $86,400 OF BONDS FOR THE PURPOSE OF PAYING PART OF THE COST OF IMPROVING THE CITY’S STORM WATER SEWER SYSTEM, PARTICIPATION IN THE CAPITAL ASSET FINANCING PROGRAM, AND DECLARING AN EMERGENCY.

 

            Mr. Bruns moved that Ordinance 1422 be declared an emergency for the reasons set forth in the ordinance.  Mrs. Goudy 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 1422.  Mrs. Goudy seconded the motion.  All concurred and emergency ordinance 1422 was adopted.

 

6.         ONE READING – ORDINANCE 1423 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $95,300 OF BONDS FOR THE PURPOSE OF PAYING PART OF THE COST OF STATE ROUTE 48 IMPROVEMENTS AND PARTICIPATION IN THE CAPITAL ASSET FINANCING PROGRAM AND DECLARING AN EMERGENCY.

 

            Mr. Bruns moved that Ordinance 1423 be declared an emergency for the reasons set forth in the ordinance.  Mrs. Goudy 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 1423.  Mrs. Goudy seconded the motion.  All concurred and emergency ordinance 1423 was adopted.

 

7.         ONE READING – ORDINANCE 1424 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $141,000 OF BONDS FOR THE PURPOSE OF PAYING PART OF THE COST OF WATER SYSTEM IMPROVEMENTS, AND PARTICIPATION IN THE CAPITAL ASSET FINANCING PROGRAM AND DECLARING AN EMERGENCY.

 

            Mr. Bruns moved that Ordinance 1424 be declared an emergency for the reasons set forth in the ordinance.  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 emergency ordinance 1424.  Mrs. Goudy seconded the motion.  All concurred and emergency ordinance 1424 was adopted.

 

8.         ONE READING – ORDINANCE 1425 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,200,000 OF BONDS FOR THE PURPOSE OF PAYING THE COST OF EXPANSION OF THE FIRE STATION, AND PARTICIPATION IN THE CAPITAL ASSET FINANCING PROGRAM AND DECLARING AN EMERGENCY.

 

            Mr. Bruns moved that Ordinance 1425 be declared an emergency for the reasons set forth in the ordinance.  Mrs. Kyle 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 1425.  Mayor Beyer seconded the motion.  All concurred and emergency ordinance 1425 was adopted.

 

9.         ONE READING – ORDINANCE 1426 - AN ORDINANCE CONSOLIDATING UP TO SIX BOND ISSUES OF THE CITY OF UNION, OHIO INTO A CONSOLIDATED BOND ISSUE, ESTABLISHING THE TERMS OF SUCH CONSOLIDATED BOND ISSUE, AND AUTHORIZING PARTICIPATION IN THE CAPITAL ASSET FINANCING PROGRAM AND DECLARING AN EMERGENCY.

 

            Mr. Applegate said there was before the council, a corrected sheet with a transposition of an amount 93,500 and it should be 95,300.   Mr. Applegate said this was the consolidation of all the previous ordinances just adopted by the council.

 

            Mr. Bruns moved that Ordinance 1426 be declared an emergency for the reasons set forth in the ordinance.  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 emergency ordinance 1426.  Mrs. Perkins seconded the motion.  All concurred and emergency ordinance 1426 was adopted.

 

10.       ONE READING – ORDINANCE 1427 - 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 AND BUILDING CODES TO CONFORM TO ENACTMENTS OF THE GENERAL ASSEMBLY AND DECLARING AN EMERGENCY. 

 

            Mr. Applegate said this was an annual housekeeping ordinance and this would incorporate all of the new legislation that was passed in the last year.  Mr. Applegate said it was the city council’s policy to update their codebook legislation every year. 

            Mr. Applegate said there was a typographical error that Mrs. Perkins had noted and he would see that was corrected. 

 

            Mr. Bruns moved that Ordinance 1427 be declared an emergency for the reasons set forth in the ordinance.  Mrs. Kyle seconded the motion.  All concurred and the motion was passed.

 

            Mr. Bruns moved to have the one and only reading and adopt emergency ordinance 1427.  Mrs. Perkins seconded the motion.  All concurred and emergency ordinance 1427 was adopted.

 

11.       ONE READING – ORDINANCE 1428 – AN ORDINANCE AMENDING CHAPTER 741.17 OF THE UNION CODE, RELATING TO SOLID WASTE COLLECTION. 

 

            Mr. Applegate said the existing trash collection contract would be up in September of this year.  The city contacted Rumpke of Dayton to discuss what their intentions were in regards to the one, two or three year contract extension options.  Rumpke had provided a letter with an increase, which was provided to the council.  Mr. Applegate said he had asked Mr. Aughe if they could reinvigorate the recycling program, which is not doing as well as it had in the past.  Mr. Applegate said he has asked if Union residents could double the recycling if there could be a reduction in the monthly fee.   Rumpke said they would take a look at it.  The recycling for Union used to be twenty percent, which was one of the highest in the county, and it has gradually lowered to fourteen percent.  Mr. Applegate said they would like that to go back up.    Mr. Applegate said he had also asked Rumpke for a copy of the recent Northwest Montgomery County bids which was supplied in their council packets.  Mr. Applegate said it would be staff’s recommendation that they have a one-year extension with Rumpke.   In response to a question from Mayor Beyer, Mr. Applegate said they were all aware of the gasoline price increase and he recommended the passage of this ordinance.

            Mrs. Perkins asked if having a recycling program affects the trash rate.  Mr. Applegate said Rumpke does make money on the recycling that is reflected in the current five year contract.   He said if they could get the recycling level back up, it would benefit the city.  Rumpke will be researching that for the city. 

            This would go into effect for October of this year.

 

            Mayor Beyer said that Union was the first community in Montgomery to have a recycling program.  He said he participated in the recycling program and he wanted to retain the recycling program. 

 

            Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1428.  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 1428.  Mayor Beyer seconded the motion.  All concurred and Ordinance 1428 was adopted on the first reading.

 

12.       Open Agenda

 

Mayor Beyer asked if there was any news or a completion date set for the firehouse.  Mr. Applegate said not yet, but that they would be having a walk through with the contractor and were still several weeks away.  They were working on setting barrier curbs in the parking lot and also would have to schedule the paving of the parking lot.  He said he would have a better idea at the next meeting.

 

Mayor Beyer said Mrs. Terry had not been excused at the last meeting but he did find out that her mother had died so he would like to retroactively excuse her from the last meeting. 

            Mayor Beyer moved that Mrs. Terry be excused from attending the June 11, 2007 council meeting.  Mr. Bruns seconded the motion.  All concurred and the motion was passed. 

 

            There was a brief discussion on the correct way to excuse Mrs. Terry from the last meeting and if the minutes from the actual meeting should be corrected or amended.  They determined that the motion to excuse her from the June 11 meeting would be passed during the current meeting.

 

Mrs. Perkins asked about the information concerning some of her questions about the income tax at the last meeting.  Mr. Applegate said he had talked to Bill Estep at Vandalia. 

The first question concerned consolidated returns.  That is included in both ordinances and does refer to corporations and stock ownership and items within the corporate world.

The second question was with joint returns and within the city ordinance, if a person is under eighteen years of age, the person would not have to file an income tax return.  When the person is eighteen, they will have to file an income tax return.  Joint returns can be filed and that is a decision that can be made between a husband and wife. 

            Deferred compensation is taxable under the Ohio Revised Code and is the opposite of the IRS.       

Mr. Applegate said in the council packet was a copy of the income tax letter that was sent to residents.  There had been some calls from businesses, mostly if there was a penalty on the late payment of the first half tax liability and there will not be late penalties for this year.

 

            Mrs. Perkins said she sometimes asked questions that make her unpopular and she felt that it was her job to ask those hard questions, like her question on the recycling program.  She added that she always invited the council’s comments.

 

            Mrs. Goudy said she was very proud to be a part of a city that is moving ahead, like with the new police vehicle.  She said she hoped that they would never have to use it, but it was comforting to know that Union was on top of these things and had the ability to handle an emergency. 

            Mayor Beyer said if the city did not have certain pieces of equipment and did need it they would be subjected to a lot of criticism.  

            Mrs. Goudy said she also appreciated all the training that the police had taken to keep on top of everything and learn the new procedures.

 

            Mrs. Kyle agreed that the police were doing a swell job.

 

            Mr. Bruns said earlier they had asked if Mrs. Terry had called about missing the meeting.  Mrs. Winemiller had checked her voice mail and Mrs. Terry had called but did not have an excuse as to why she missed the meeting.  Mr. Bruns said in the administrative code under the rules of council, the council member “should notify the Clerk of Council, supplying information as to which meeting or meetings shall be missed and the reasons for such absence or absences.”  Mr. Bruns said that is why no one made a motion to excuse her absence from this meeting.       

 

            Mayor Beyer said that he had asked if Vandalia would let the citizens know about where to get tax forms, etc.  Mrs. Winemiller said they had supplied Vandalia with a listing of all of their residents and Vandalia was sending out letters.

 

            Mr. Applegate said the firehouse was looking great and was close to being finished.  He said the floor in the old station was really looking sharp. 

           

            The EPA public hearing would be held in Union city hall the following day, June 26, from 6:00 p.m. to 8:00 p.m.  The subject is the Garland Road Landfill site, which is now actually within the City of Union.  The EPA asked if they could hold the meeting at Union and they agreed.  A reminder notice was placed in the council packets.

            The EPA has a lot of documentation available for the public if anyone is interested.

 

            Chief Blackwell said he would like to emphasize to the council and the community that the biggest part of his job was paperwork and day to day operations but he felt that he wanted the community to know that the most important part of his job was that he planned for the possibility of future, unfortunate events or catastrophes that they would not want to happen but if and when it does, the city has a plan and has accounted for all the possibilities.   Chief Blackwell said they may not be able to prevent a catastrophe but they have learned from others’ mistakes and know that preplanning is a necessity.  He said he is thinking of resources to bring to the city, and he is always thinking ahead and working towards being prepared. 

 

            Mr. Stamper asked if the city still has Community Block Grants.  Mr. Applegate said it still exists but it is not funded like it used to be.  He said they had received money last year for the removal of the house at Old Springfield Road.  He said they still apply for grants. 

 

            13.       Mayor Beyer moved that the June 25, 2007 City of Union council meeting be adjourned.  Mr. Bruns seconded the motion.  All concurred and the council meeting was adjourned. 

 

Respectfully submitted,

             

________________________________

Denise A. Winemiller, Clerk of Council

                                                                                            

____________________________

Michael O’Callaghan, Vice Mayor