RECORD OF PROCEEDINGS

MEETING OF COUNCIL

September 24, 2007

 

            The September 24, 2007 City of Union council meeting was called to order by Mayor Beyer at 7:30 p.m., Monday.

 

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

 

            Mayor Beyer said that Mrs. Kyle had called and asked to be excused from attending the meeting but did not offer a reason for being excused.   Her absence was not excused.

 

            Mayor Beyer called for a moment of silence.

                                   

            1.         Mayor Beyer asked if there were any additions or corrections to the minutes of September 10, 2007 council meeting.  There were no comments or corrections so Mr. Bruns moved that the minutes of the September 10, 2007 City of Union council meeting be accepted as prepared.  Mr. O’Callaghan seconded the motion.  All concurred and the minutes were accepted as prepared. 

 

            2.         Citizens’ and Visitors’ Comments

 

            There were no Union citizens or visitors that had requested to speak at the meeting. 

 

3.         Mayor Beyer introduced Carolyn Rice, Montgomery County Treasurer, who was attending the meeting and had asked to be on the agenda.

Ms. Rice thanked the council for letting her speak at the meeting and she said she had been the Montgomery County Treasurer for seven months.  She said she believed that county officials should be regular visitors to council meetings in case they had any questions and by attending the meetings she could share what is going on at the county. 

She said they had an important deadline that day and they were going to have a tax lien sale.  Ms. Rice wanted to explain the process.  This will be the third tax lien sale the county has held.  It is a tool to motivate people to pay their taxes.  She said when the county sold the properties in the tax lien sale, the county received six million dollars in taxes paid but more importantly, Montgomery County received twelve million dollars in delinquent taxes that came in the month preceding the sale by people that were trying to avoid having their house put into the tax lien sale.  This collected tax money is revenue that communities would be counting on and without it, they would have to cut city services or raise their own taxes.

Ms. Rice said they also understood that many citizens were facing dire circumstances because of loss of jobs or medical expenses.

The Treasurer said it was the county’s duty to do their best to collect the taxes.  In 2005, the tax lien sale yielded $24,585.00 that went to Union.  In 2006, the amount was $54,703.00.  This is money that the city was already counting on.

In 2005, $416,067 that was collected went to Northmont Schools and $206,791 went to the Miami Valley Career Technology Center.  In 2006, the numbers were $524,705 for Northmont and $269,777 for the Miami Valley Career Technology Center.  She said she hoped that the communities understood the reason for the tax lien sale.  She encouraged people to call the office if they were having financial difficulties and the county would put them on plans or help them budget so they can get caught up with their taxes and stay current.

 

She said they recently cross-trained with United Way with an information hot line.  She said citizens have come in with heartbreaking stories and they try to hook them up with services.  She said the United Way is now aware of the county policies and the county now knows about the United Way services. 

They have also cross-trained with County Corp to learn about predatory loans.  They have loan assessors that will sit down with residents at no charge to advise people.  They can also help people with credit counseling.  She said the county is trying to go the extra mile and try to help people.

 

Ms. Rice said with her background in business she questions why some things are done the way they are.  She said for instance, they had return mail that was stacking up from bills that were being returned. 

Ms. Rice said she assigned four people to this project and they have looked into this and have gained $314,000.00 due to their return mail project. 

She invited them to call her office if they ever had a question.  She also brought some Homestead Exemption forms that are part of a program through the Montgomery County Auditor’s Office.

 

Mayor Beyer asked Ms. Rice to explain the tax lien sale.  Ms. Rice said that one company will bid on the whole package and the county chooses some properties that would not be profitable for the company to resale.  The company has the opportunity for foreclosure if they do not get the taxes.  On the day of the sale, they pay the county the back taxes of the property.  The county is the administrator of the money and the company does not contact the individual property owners.  The company charges extra interest and if the people pay the taxes, all the company makes is the extra interest on the back taxes. 

She said that they select the homes that they put up for tax liens.  They do not do it for properties valued at less than $50,000 or for homes owned by the elderly, military, or anyone on the homestead exemption program.

Ms. Rice said they accept bids from the companies on the interest that they are willing to charge. 

The county puts the package of properties together.  This process gets the county the taxes very quickly and it gives the property owners an additional year to pay the taxes. 

Mayor Beyer asked if they had publicized their work with the United Way so the public knows that is available.  She said she is doing that every week in every way, by coming to meetings, etc.

 

4.         FIRST READING – ORDINANCE 1431 – AN ORDINANCE AMENDING CHAPTER 955.03 OF THE UNION CODE, RELATING TO CHARGES FOR MINNICH CEMETERY. (three readings)

 

Mr. Applegate said this ordinance deals with the cost of graves and burials.  The last increase was in 1995.   Money from the General Fund always has to be transferred to the cemetery fund.  In checking with surrounding areas, the city staff felt these charges needed to be increased to cover their expenses. 

Mayor Beyer noted that the charges would not go into effect until January 1, 2008 so if people wanted, they could purchase plots at the current price before the increase.

 

Mr. Bruns moved to have the first reading of Ordinance 1431.  Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1431 was passed to the second reading.

 

5.         FIRST READING – ORDINANCE 1432 – AN ORDINANCE AMENDING PART NINE, TITLE THREE, UTILITIES CHAPTER 931, SECTION 931.01 OF THE CODIFIED ORDINANCES OF THE CITY OF UNION PERTAINING TO SEWER CHARGES. (three readings)

 

            Mr. Applegate said this ordinance deals with the information that he brought forth at the last council meeting concerning the twenty-year loan, interest free, for a project to extend the sewer line from State Route 48 to Marrett Farm.  This ordinance would set in motion the process to collect the money to pay off the loan when it is due. 

 

            Mayor Beyer moved to have the first reading of Ordinance 1432.  Mr. O’Callaghan seconded the motion.  All concurred and Ordinance 1432 was passed to the second reading.

 

6.         FIRST READING – ORDINANCE 1433 - AN ORDINANCE GRANTING TO THE DAYTON POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE IN THE CITY OF UNION, STATE OF OHIO, FOR A PERIOD OF FIVE (5) YEARS, AUTOMATICALLY RENEWING FOR ADDITIONAL PERIODS OF TWO (2) YEARS UNLESS NOTICE IS GIVEN, COMMENCING ON THE EFFECTIVE DATE OF THIS ORDINANCE. (three readings)

 

Mr. Applegate said the ordinance offering the franchise with Dayton Power and Light was for twenty-five years and that has expired.  He said that he and Mr. Moore had looked into the best way to enter into another agreement with
Dayton Power and Light.  There had been a Senate bill on the cable franchise and Mr. Applegate said there was some concern if they decided to sell, that the city would have some control over the light poles and how they would be used.   Mr. Applegate said that Dayton Power and Light agreed with the ordinance where the term is twenty-five years, which is what has been done before, to be changed to five years with two two-year renewals after the five years and the city has one year to ask to terminate the contract if something else could come up. 

 

            Mr. Bruns moved to have the first reading of Ordinance 1433.  Mayor Beyer seconded the motion.  All concurred and Ordinance 1433 was passed to the second reading.

 

7.         ONE READING – ORDINANCE 1434 – AN ORDINANCE ACCEPTING THE BID FROM BALSBAUGH EXCAVATING, INC. FOR THE RINEHART ROAD SANITARY PUMP STATION ELIMINATION PROJECT IN THE CITY OF UNION.  (waive three readings)

 

            Mr. Applegate said the lawsuit concerning the last easement has been settled.  When the project was bid back in March, they thought that this had already been resolved.

            Balsbaugh Excavating was the lowest and best bid and due to weather restraints, they are asking to waive the three readings.  Mr. Applegate said they would like to get this awarded so Mr. Balsbaugh can get the pipe ordered and get started.  Mr. Applegate said this was one of the Issue 2 grants that the city had received.

 

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1434.  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 1434.  Mayor Beyer seconded the motion.  All concurred and Ordinance 1434 was adopted on the first reading.  

 

8.         Open Agenda

 

            Mr. Beyer had a question concerning the Dayton Power and Light Contract and how many two-year periods would they be renewing the contract.  Mr. Applegate said they had the option to renew the contract for two two-year periods.

 

            Mrs. Goudy said the Toll Road Festival was very well organized and she thought that everyone seemed to have a very good time. 

 

            Mr. O’Callaghan said they made some money during the Toll Road Festival but it was a little less money than last year.  He said due to the cool weather, they didn’t sell as much beer in the evenings.  They made around nine thousand dollars.  Mr. O’Callaghan said they actually made some money on the inflatables and those were very successful.   It was noted that they actually made more money with the inflatables than the carnival rides and they would keep that in mind for next year. 

            Mr. O’Callaghan said it was very well organized and he thanked Mrs. Winemiller.  He also thanked Mrs. Hissong, Mrs. Kyle, Mrs. Perkins, Mr. and Mrs. Bruns, the police officers, city employees, the fire department, and John and Sharon Applegate for all their help.

 

            Mrs. Terry said she was not able to attend but she had heard good things about the festival and the inflatables.  She said the parents thought they were safer.  She said maybe they should look into that for next year.

 

            Mr. Bruns said he wanted to comment about the absence of Mrs. Kyle.  He said the rule specifically states that in addition to calling in, a reason must be given for the absence.  That was the reason that Mrs. Kyle’s absence was not excused.  There was no reason given.

 

            Mr. Applegate said there was a memo on the dog defecation ordinance from Brookville that was discussed at the last meeting.  The Brookville ordinance has now been enacted and is in effect.  Mr. Applegate said he had looked at this along with Mr. Moore and Chief Blackwell.  Mr. Moore had looked at Tipp City’s code and suggested adding their section B to Brookville’s ordinance.  Mr. Applegate asked if council had looked at this and if they had any questions and if they wanted to start the adoption process at the next meeting. 

            Mrs. Terry said she thought it was needed.

            Mr. Applegate said this would be on the council agenda for the next meeting.

 

            9.         Mr. O’Callaghan moved that the council meeting be adjourned.  Mrs. Goudy seconded the motion.  All concurred and the 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