Union City Council Meeting Minutes
First Quarter 2003
 
January 13, 2003, Meeting Minutes
January 27, 2003, Meeting Minutes
February 10, 2003, Meeting Minutes
February 24, 2003, Meeting Minutes
March 10, 2003, Meeting Minutes
March 24, 2003, Meeting Minutes

 

January 13, 2003

The City of Union council meeting was called to order by Mayor Packard on Monday evening, January 13, 2003.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, and Joe Moore, law director.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections from the minutes of December 23, 2002 meeting. There were none so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. Hissong seconded the motion. All concurred and the minutes were accepted.

2. Presentation of Along the Ohio Trail books from the Ohio Society D.A.R. by Judith Hoke Collins, NS D.A.R. State Chairman of Conservation for 2002.

Mayor Packard invited Mrs. Collins to step forward. Mrs. Collins said she was the State Chairman of Conservation for the Ohio Society of the Daughters of American Revolution. One of her projects for the year was acquiring informational books about the State of Ohio for distribution. She presented a supply of books to the city council and to City of Union to be distributed to the residents to educate them about Ohio. In addition, as part of her directive as State Chairman, she was able to award the City of Union certificates for their efforts of beautification and conservation in planting the pear trees along Main Street, and for water and soil conservation and preservation and being in the top fifty of two thousand-six hundred cities recognized by the Ohio EPA for their well head protection program.

Mayor Packard thanked Mrs. Collins for the presentation and for all the work that her organization does for the state of Ohio.

3. Mayor Packard asked if there were any comments from the visitors in the audience. Mr. Glynn Marsh from Sweet Potato Ridge Road wanted to talk about the snow and ice on Sweet Potato Ridge Road. He said the snow and ice was not being removed from a portion of the road. He added that he was aware that the road was not Union's. Mr. Marsh explained that the residents on Sweet Potato Ridge had been without power several times because cars had slid off the road and hit an electrical pole. He said in particular, the residents of Mill Ridge Village would suffer a hardship if the power was out for any length of time. Mr. Marsh suggested that since Clayton was not cleaning the road, Union could contact the Clayton street department or enter into a formal agreement where Union would salt and scrape Sweet Potato Ridge and received compensation. Mr. Applegate said in the past, they had called Clayton and ask them to maintain the road and they said they would. Mr. Applegate said they could talk to Clayton about reimbursement for working on the road and he would need to talk to Mr. Rowland, the City Manager. Mayor Packard agreed they could approach Mr. Rowland for assistance.

4. Open Agenda

Mayor Packard said he felt the city staff had done a good job in plowing the city's roads.

Mayor Packard complained about the methods of the recent telephone book delivery. The books were thrown all over the road and grass and not delivered door to door.

Mr. Hissong said the maintenance crew had done a tremendous job with street cleaning and snow removal.

Mrs. Terry said she appreciated the number of people attending the meeting.

Mr. Bruns said he had been reading the book provided by Mrs. Collins and said it was very interesting. He thanked Mrs. Collins for providing the book on Ohio.

Mayor Packard said he had two appointments to make. The first was a reappointment of George Steigler to the park board for a four year term and the second was to reappoint Judith Collins to a three year term to the Personnel Advisory Board. He said there was still a vacancy for the Personnel Advisory Board. Mayor Packard moved that the two reappointments be made. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Applegate said that they had awarded the contract for the new production well and it was going very well.

Mr. Applegate said he needed a motion from the council to accept the resignation of police chief Dan Gessner effective February 1, 2003, for retirement purposes. Mr. Beyer made the motion and it was seconded by Mayor Packard. Mrs. Terry voted against the motion, the other council members voted for the motion and the resignation was accepted.

Mr. Applegate recommended that the council appoint Lieutenant Mike Blackwell as Acting Police Chief until the city manager and council can meet and discuss how to fill the position beginning February 1, 2003. Mr. Beyer moved to appoint Lieutenant Blackwell as Acting Police Chief. Mrs. Terry voted against the motion, the other councilmembers voted for the motion and Lieutenant Blackwell was voted to be the Acting Police Chief.

5. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard seconded the motion. All concurred and the meeting was adjourned.


Respectfully submitted,
_________________________
Denise A. Winemiller,
Clerk of Council
_________________________
Lawrence Beyer, Vice-mayor

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January 27, 2003


The City of Union council met on Monday, January 27, 2003 at 7:30 p.m.

Mayor Packard called for attendance and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer.
Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director. Lieutenant Michael Blackwell, Acting Police Chief, from the Union police was also present.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes from the January 13, 2003 council meeting. There were none 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. There were no citizens or visitors comments.

3. ONE READING - ORDINANCE 1284 - AN ORDINANCE AMENDING CHAPTER 941 OF THE UNION CODE, PROVIDING FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PHASE II STORM WATER PROGRAM REQUIREMENTS FOR LEGAL AUTHORITY. (waive three readings)

Mr. Applegate said this ordinance deals with new Phase II stormwater regulations and the City of Union is one of the designated MS4 communities. The amended ordinance allows the City Manager to file for a NPDES permit for the storm water system. The filing for the permit will be done by March 16, 2003. This Ordinance puts in motion the steps necessary to bring the city into compliance.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1284. Mr. Hissong seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1284. Mr. Hissong seconded the motion. All concurred and the motion was passed.

4. Open Agenda

Mayor Packard said that the maintenance crews did a good job clearing the roads of the recent heavy snow.
Mr. Applegate said that he had declared a snow emergency on Sunday and the police had worked to get people to move their vehicles. There were approximately fifty tickets issued. Mr. Applegate said by 4:00 p.m. on Sunday, every road, alley and cul-de-sac had been cleared.

Mr. O'Callaghan asked if the city had made any decision on clearing the snow from Sweet Potato Ridge. Mr. Applegate said the city cleared the curb area where the Union residents park but the city did not plow Sweet Potato Ridge.
Mr. O'Callaghan asked if the city had contacted Clayton about the matter. Mr. Applegate said he had talked to the city manager of Clayton and was told the Clayton crews were out plowing and salting. Mr. Marsh, in the audience said Clayton had recently been clearing the road since the matter was discussed at an earlier meeting.

Mrs. Terry said she was glad to see the many citizens that were attending the meeting.

Mr. Bruns asked Mr. Moore if there would be any problem if minutes from the Board of Zoning Appeals and Planning Commission that had not yet been approved, could be circulated to the council. Mr. Bruns said that in their council packets, they had received minutes from a June Board of Zoning Appeals meeting which had just been approved. Mr. Bruns said he would like to have any minutes from meetings at the next council meeting. Mr. Applegate said they could change their policy but that in the past, they had always waited until all meeting minutes were approved before being distributed to council.

Mr. Applegate said since the passage of the ordinance on the storm water NPDES permit, they will be calling the well field committee together and use them to provide citizen input on what they would be submitting for the NPDES permit.

Also, Mr. Applegate stated that they had received the sieve analysis back on Well # 4 and it came back with excellent results and the well could pump up to 1000 gallons a minute. The city will be going forward on the actual installation.

5. Mayor Packard moved to have an executive session and he asked for Mr. Applegate, Mrs. Winemiller, and Mr. Moore to attend and if needed, Lieutenant Blackwell. Mr. Beyer seconded the motion. All concurred and the motion was passed. The council adjourned to an executive session to discuss personnel matters, with action to be taken following the executive session.

After the executive session, Mr. Bruns moved that the council meeting be reconvened. Mr. Hissong seconded the motion. All concurred and the council meeting was reconvened.

Mr. Beyer said that on the advice of council, he moved to amend the agenda to add 5. (a), the subject of which would be the appointment of the new police chief. Mr. Bruns seconded the motion. All concurred and the agenda was amended.

Mr. Applegate said as required by the charter of the City of Union, it was with great pleasure that he would make the recommendation that the new police chief would be Mike Blackwell, the city's current Lieutenant and Acting Police Chief. Mr. Applegate said that he made the recommendation to the council knowing that Mr. Blackwell would do a tremendous job. He added that Mr. Blackwell had been doing a tremendous job since he had been working for the city and he would be in the city for a long time to come. Mr. Applegate asked the council to concur with his recommendation of Mike Blackwell for police chief.

5. (a) Mr. Beyer moved that the council consent to the hiring, by the city manager of Michael Blackwell as the Director of Police for the City of Union effective on February 1, 2003 with the following stipulations:

(1) No later than August 1, 2003, Mr. Blackwell will shall establish residency within the corporation limits of the City of Union. This condition can be satisfied by actual relocation into the city or by the signing of the contract for construction of a home within the city to be completed by January 31, 2004. Council may at its sole discretion, extend these dates for reasonable cause.

(2) Mr. Blackwell shall continue to make progress towards his baccalaureate degree. Mr. Blackwell shall report to the city manager on June 30 and December 31 of each year, as to his continued progress to include presentation of his latest written credit hour report from the college or university and the city manager shall report such progress to council at the next scheduled meeting. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Lieutenant Blackwell stepped forward and was sworn in as police chief to be effective February 1, 2003.

6. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the January 27, 2003 City of Union council meeting was adjourned.


Respectfully submitted,
_________________________
Denise A. Winemiller,
Clerk of Council
_________________________
Lawrence Beyer, Vice-mayor

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February 10, 2003

The City of Union council meeting was called to order by Mayor Packard on February 10, 2003, Monday evening at 7:30.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer.
City staff members present were John P. Applegate, City Manager, Denise A. Winemiller, Clerk of Council, Joe Moore, Law Director, Police Chief Mike Blackwell and Fire Chief Bud Bergman.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes of the January 27, 2003 council meeting. There were none so Mr. O'Callaghan moved that the minutes be accepted as prepared. Mr. Bruns seconded the motion. All concurred and the minutes were accepted.

Mayor Packard said that before they discussed the next agenda item, he wanted to ask Mr. Moore if the city was in compliance with 155.01 (j). Mayor Packard read the passage from the City of Union Codified Ordinances at the request of other councilmembers.

155.01 (j) Relatives of Officials and Employees.

(1) As used in these rules, the word "relative" means spouse, child, step-child, parent, step-parent, brother, half-brother, sister, half-sister, brother-in-law, sister-in-law, mother-in-law or father-in-law, grandparent, grandchild, uncle, aunt, niece, nephew or first cousin.

(2) No relative of a councilmember, the Clerk of council or the manager shall be employed by the City in any capacity, except as is already employed upon adoption of these Rules.

(3) No relative of any regular or probationary employee shall be appointed to a position within the department in which the regular or probationary employee serves, except as is already employed upon adoption of these rules.

Mayor Packard added that these rules were passed June 25, 1985.

Mr. Moore said he felt that the council was in compliance. He said when looking at an ordinance or statute, one had to look at what the legislative intent was and what type of behavior was prohibited. Mr. Moore said he had reviewed this passage and he believed the purpose of the ordinance was that after a councilmember was elected, or city manager or clerk of council was appointed, the purpose of 155.01 (j) was to prevent those people from hiring their relatives thereafter. In this particular situation, which Mr. Moore said probably prompted the question, the city had a person that has been a police officer employed by the city for nearly four years. When another member of the family was elected to the council, it did not mean that the city employee would have to quit his job.
Mr. Moore said that he felt this regulation had a "perspective" application. If someone is hired, that person can not hire relatives but if the relatives are employed already, it would not be the intention or purpose of the ordinance to make the employees quit their position, and Mr. Moore said he felt that it was not the intention of the regulation.
Mayor Packard said he had received some comments concerning that issue and wanted to make sure that the council had addressed the matter and that the discussion be made a part of the public record.

Mayor Packard moved to amend the agenda to include the swearing in of Steven P. Henn as a part-time fire fighter for the City of Union. Mr. Beyer seconded the motion. All concurred and the agenda was amended to include item 2. a.

2. Mayor Packard asked policeman Darrin Goudy to step forward. He was sworn in as a Lieutenant for the City of Union police department.

2. a. Mayor Packard asked Steven Henn to step forward and he was sworn in as a part-time volunteer firefighter.

3. Citizens and Visitors Comments

Mayor Packard said that no one had indicated that they wanted to address the council.
4. ONE READING - ORDINANCE 1285 - AN ORDINANCE AMENDING THE REGULAR PAY TABLE, ASSIGNING PAY GRADES STEPS/SALARIES AND THE MAXIMUM NUMBER OF FULL-TIME, REGULAR PART-TIME, PART-TIME (SEASONAL) AND AUXILIARY POSITIONS WITHIN THE CITY OF UNION FOR 2003 AND DECLARING AN EMERGENCY.

Mr. Applegate said this would amend the pay ordinance that is currently in effect for the city, to bring Lieutenant Goudy's pay in line with his new position.

Mr. Bruns moved that ordinance 1285 be declared an emergency for the reasons set forth in the ordinance. Mr. 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 1285. Mr. O'Callaghan seconded the motion. All concurred and emergency ordinance 1285 was adopted.

5. ONE READING - ORDINANCE 1286 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH NEW PAR d.b.a. VERIZON WIRELESS FOR THE OPERATION OF A TRANSMISSION AND RECEIVING COMMUNICATIONS FACILITY ON THE SHAW ROAD WATER TOWER. (waive three readings)

Mr. Applegate said this ordinance dealt with making a permanent site for a communications tower for Verizon Wireless. The city has had a temporary agreement with Verizon for six years. The only change is that there will be a new site for the tower along the north property line. Verizon now pays the city to lease the site and for the power their equipment uses but now they will be running their own electric line. The change should help with cell phone reception. Verizon wanted to get the work started as soon as possible so they were waiving the three readings.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1286. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1286. Mayor Packard seconded the motion. All concurred and the motion was passed.

6. Open Agenda

Mayor Packard welcomed the employees in their new positions.
Mayor Packard said the city crews had been doing a good job in keeping the streets cleared of snow. He also asked how the city's salt supply was holding out. Mr. Applegate said for the first time in four to six years, they had to have additional salt delivered and had another load on order. Mr. Applegate said they may have to cut back on street repair work later in the year because of the extra expenses for this winter.
Mayor Packard thanked Mr. Applegate for getting with Clayton on the snowy road conditions of Sweet Potato Ridge Road.

Mr. Beyer asked the status on working with the Time Warner Cable franchise agreement. Mr. Applegate said they were still working on the agreement and had just received documents that had been requested forty-five days earlier.

Mr. O'Callaghan asked about water main breaks. Mr. Applegate said they had a main break on Friday and the water main had to be shut down. About fifty homes were affected. The Ohio E.P.A. was also contacted as required. They were hoping to get a water sample as soon as possible but had to wait until it stopped snowing because one snowflake could contaminate the sample.
The boil water notices were delivered by hand and notices would be delivered again when the boil water advisory is over.

Mr. Hissong asked how the new well was doing. Mr. Applegate said they had driven twenty-four inch well casing fifty feet with thirty feet to go. Mr. Applegate reported that everything was going well.

Chief Blackwell congratulated Lieutenant Goudy. He said he will perform up to the standards of the Union police department as police lieutenant. He said he had worked with Darrin for several years in Union and had also worked with him at the sheriff's office. He said he was very professional, disciplined, and motivated. Chief Blackwell added he knew Lieutenant Goudy would do a great job.

Fire Chief Bergman welcomed Steven Henn to the fire department.

7. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard seconded the motion. All concurred and the council meeting was adjourned.


Respectfully submitted,
_________________________
Denise A. Winemiller,
Clerk of Council
_________________________
Lawrence Beyer, Vice-mayor

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February 24, 2003


The February 24, 2003 City of Union council meeting was called to order by Mayor Packard on Monday, at 7:30 p.m.
Attendance was taken and the following councilmembers were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer.
Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Michael Blackwell, Chief of Police, and Joe Moore, Law Director.

Mayor Packard said he had received a call from Mrs. Terry and her husband was in the hospital so she was not able to attend the meeting.
Mayor Packard moved to excuse Mrs. Terry from attending the meeting. Mr. Beyer seconded the motion. All concurred and Mrs. Terry's absence was excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections of the minutes from the February 10, 2003 meeting. There were none so Mayor Packard moved that the minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. All concurred and the council minutes were accepted.

2. There were no citizen' s or visitor's comment sheets completed for the council but resident Shirley Hissong said she was very pleased with how the roads had been cleared of snow this winter.

3. Open Agenda

Mayor Packard told Mr. Applegate that the city crews had done a great job on keeping the snow plowed off the streets.

Mayor Packard moved to amend the agenda to delete Item # 4. Mr. Beyer seconded the motion. All concurred and the agenda was amended with the executive session canceled.

Mr. Beyer asked if when the season was over, they could get a total of all the figures for overtime and salt costs for the city's snow removal for the entire season. Mr. Applegate said he had information for the last weekend but he would provide Mr. Beyer the information on what they had spent for the season.

Mrs. Goudy said that she had numerous customers where she worked saying that the roads were kept free of ice and snow despite the heavy snowfall compared to a neighboring city.
Mr. O'Callaghan said especially compared to the amount of manpower other cities have that Union does not, he thought Union crews had done a wonderful job.

Mr. Hissong said that the maintenance crews had done a tremendous job on a water main break, and were able to bypass the school and keep the water on.

Mr. Applegate said in the council packets, there was a memorandum with a copy of a letter from the Ohio E.P.A. approving the city's well head protection plan.

Mr. Applegate said they had done a cost analysis on the snow storm that had occurred on February 14, 15, 16, and 17. During that time, the city crews worked Friday night, most of Saturday morning, Saturday during the day, and then the police reported in Saturday morning because a snow emergency was declared. The police assisted in getting the cars off the street so the crews could get the roads plowed. In addition, the city crews worked Saturday night through Sunday morning, and Sunday night through Monday morning.
Total expenses for the four days amounted to $16,000.00 for labor, salt, gasoline, etc. Most of the crew put in over 40 hours of over time in the four days. The city used roughly 100 tons of salt. The city usually goes through 100 tons of salt a year and this year they have used 300 tons of salt so far. The police department has issued 73 snow ordinance tickets.

Mr. Applegate said the city will probably have spent twenty-five to thirty thousand dollars over what they normally spend in the winter.
Mr. Applegate said that this means that the money that would be normally spent on streets in slurry seal, maintenance, etc. would not be available. Mr. Applegate said they had used equipment and with hard use, they had some break downs. He said the Union crew had really put forth an effort and that every street, alley, and cul-de-sac, from curb to curb was cleaned, sometimes several times.
Mr. Applegate thanked Mrs. Goudy for bringing out some food for the workers.

Chief Blackwell said that the city had worked as a team to get the roads cleared.
The Chief said he would like to explain what the police officers did during the first two snow emergencies. He said the officers would get out of their vehicle and go up to the house and knock on the doors of the residents that had cars parked on the street. The residents that answered the doors and moved the cars did not receive a ticket. They had one vehicle towed.

Mr. Applegate added that when the vehicles are moved and the streets are free of cars, the snow plows can move faster which allows the plow to get the snow up higher into the yards. He mentioned that some people had thrown snow back into the street while cleaning their driveways. Mr. Applegate said that they were interfering with the city's snow removal operations and the offenders were told not to do that or they would be cited. Mr. Applegate said there would also be liability concerns if someone would have an accident from snow put on the road by residents.
Mr. O'Callaghan said at some intersections, the snow is stacked so high from the plowing that it is hard to see oncoming traffic. Mr. Applegate said they had already knocked down snow in places and they could do that again.

5. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the council meeting was adjourned.


Respectfully submitted,
_________________________
Denise A. Winemiller,
Clerk of Council
_________________________
Lawrence Beyer, Vice-mayor

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March 10, 2003


The City of Union council met on Monday, 7:30 p.m., March 10, 2003. Mayor Packard called the meeting to order and attendance was taken. The following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, and Mike Blackwell, Police Chief.

Mayor Packard asked for a moment of silence.

Mayor Packard moved to amend the agenda and add the words "pending litigation" on item 5, the executive session. Mr. Beyer seconded the motion. All concurred and the agenda was amended.

1. Mayor Packard asked if there were any additions or corrections to the minutes of February 24, 2003. There were none so Mr. O'Callaghan moved that the minutes be accepted as prepared. Mr. Hissong seconded the motion. All concurred and the minutes were accepted.

2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience.

3. ONE READING - ORDINANCE 1287 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $132,600 STATE ROUTE 48 IMPROVEMENT PROJECT (PHASE II) BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE CITY'S PORTION OF THE COST OF IMPROVEMENTS TO STATE ROUTE 48, AND DECLARING AN EMERGENCY.

Mr. Applegate said this was for the first renewal for the notes issued for the State Route 48 Phase II improvements. The funding has already been borrowed and the process has already gone through three readings as required by the charter so this renewal needs to be passed as an emergency. He added that the staff recommends the approval of Ordinance 1287.

Mr. Bruns moved that Ordinance 1287 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 1287. Mr. O'Callaghan seconded the motion. All concurred and emergency Ordinance 1287 was adopted.
4. Open Agenda

Mayor Packard said he was sorry to see that the decorative concrete wall along Phillipsburg-Union Road had come down. Mr. Applegate said the contractors had not back filled behind the wall because they still had some finish work to do. Then, due to the weight of the heavy snow fall this winter, a portion of the wall had come down. Mr. Applegate said it was being put back up. The work would take approximately three days and would not be at the city's expense.

Mrs. Terry said the egg hunt for Union will be held on April 12, Saturday morning at 10:30. The LaSertoma club is donating 25 dozen cookies. She said Mayor Packard and his family would be assisting and each year more things were added. Mrs. Terry said they would also be taking pictures of the children with the bunny.

Mr. Applegate said the well number 4 project was proceeding and the screen had just been installed. He said the pump and motor had not come in yet but the project was going well.

Mr. Applegate commented on several items that had been provided to the council in their packets. There was a memo on the state's proposed gas tax increase and if it became effective, the information detailed money that would be coming to the city.
There was material on new Ohio E.P.A. requirements on public water system security. He said they would be working on that later this year.
An information sheet was also in the packets showing the amount of trash and recycling within the city for 2002. Mr. Applegate said they would be including information on recycling in the city newsletter.
Mr. Applegate said the year end report from the Randolph Township Historical Society had also been included in the council packets.

Chief Blackwell said he had distributed the February monthly police report to the council.

5. Mayor Packard moved that they have an executive session to discuss personnel matters pending litigation and he asked that Mr. Applegate, Mrs. Winemiller, Chief Blackwell, and Mr. Moore be present. Mr. Beyer seconded the motion. All concurred and the councilmembers went to the executive session. The Mayor stated there would be no action taken following the executive session.

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

6. Mr. Beyer moved that the council meeting be adjourned. Mrs. Goudy seconded the motion. All concurred and the meeting was adjourned.

Respectfully submitted,
_________________________
Denise A. Winemiller,
Clerk of Council
_________________________
Lawrence Beyer, Vice-mayor

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March 24, 2003

The City of Union council met on Monday evening, March 24, 2003. Mayor Packard called for attendance and the following council members were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer. Other city staff members present were Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

Mrs. Terry was not present. (Mrs. Terry arrived before the vote on agenda item 3, the proclamation supporting the troops.)

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any corrections or additions to the minutes of the March 10, 2003 meeting. There were no corrections so Mr. Bruns moved that the minutes be accepted as prepared. Mr. Beyer seconded the motion. All concurred and the council minutes were accepted as prepared.

2. Mayor Packard asked if there were any citizen's and visitor's comments. Mayor Packard recognized Mrs. Judy Collins. Mrs. Collins informed the council of some additional facts about Ohio, for the Ohio Bicentennial. She had some new books about Ohio that were made available for distribution.

3. A PROCLAMATION SUPPORTING THE MEN AND WOMEN OF OUR NATION WHO ARE SERVING IN OUR ARMED FORCES AND THANKING AND COMMENDING THEM FOR THEIR DEDICATION AND SACRIFICES IN THE DEFENSE OF FREEDOM.

Mayor Packard read a proclamation supporting the men and women in the armed forces.

Mrs. Terry arrived at the meeting.

Mr. Beyer moved to pass the proclamation supporting the troops. Mr. O'Callaghan seconded the motion. All concurred and the proclamation was passed.

4. Open Agenda

Mr. Beyer wanted to comment on the Englewood Independent article that the water and sewer survey showed Englewood and Union were in the top ten. Mr. Beyer said the article explained the results of the survey but he thought the headline made it appear that Union was in the top ten "highest" rates instead of lowest rates so he suggested the headline be changed next year.

Mr. Beyer watched a televised Clayton council meeting, Mayor Gudorf talked about the Clayton proposed income tax. He made a comment about people paying income tax in Union. Mr. Beyer said the council had passed an income tax but due to a referendum petition, the income tax had been put on hold and currently, Union has no income tax.

Mr. O'Callaghan made sure Mrs. Winemiller was going to address the latest water/sewer survey and also mentioned the information from Montgomery County. He suggested people help clean up areas while they were walking.

Mrs. Terry apologized for being late. She said she was concerned about people on Martindale Road, skateboarding in the street. She asked if the police could talk to the kids.

Mr. Bruns thanked Mrs. Collins for bringing in more of the books with Ohio facts.

Mr. Beyer asked Mrs. Winemiller to have the zoning inspector check with builders about the trash in the lots on Marrett Farm.

Mayor Packard welcomed Adam Schinder, present at the meeting working on obtaining his citizenship badge for Boy Scouts.

Mrs. Winemiller said that Union ranked 8th lowest out of seventy communities for water rates, 18th lowest out of sixty-five communities in sewer rates, and 9th lowest out of sixty-five communities in the combined water and sewer rates. Mrs. Winemiller said she felt they did a good job providing those services to the Union residents.

Mrs. Winemiller asked the council to set up a public hearing date for a zoning change for Mr. Martin for a lot on Randolph Street in order to build a single family home.

Mr. Beyer moved that a public hearing date be set for April 28, 2003 for Ordinance 1288, a proposed rezoning change from Commercial - 2, (C-2) to Residential-3 (R-3) for a property on Randolph Street. Mr. Bruns seconded the motion. All concurred and the public hearing date was set for April 28, 2003.

The second item for a public hearing was for the city's Comprehensive Plan. Mrs. Winemiller said the planning commission had reviewed the plan extensively and was recommending the adoption.

Mr. Beyer moved that a public hearing date be set for April 28, 2003 for adoption of the comprehensive Plan. Mr. Bruns seconded the motion. All concurred and the public hearing date was set for April 28, 2003.

Mrs. Winemiller said the pump test was exceeding their expectations on Well # 4.

Mr. Moore said Mrs. Winemiller had distributed copies of an appeal concerning an annexation of 645 acres of land from Butler Township from the year 2000. Mr. Moore said this was an opinion from the Second District Court of Appeals on an action filed by Butler Township and Ron Kidwell against the City of Union. The appeal from the judgement of the Court of Common Pleas was in favor of the City of Union in the action to enjoin or vacate the annexation of land from Butler Township to the City of Union. The township sued the City of Union claiming they moved the date of the council meetings for improper reasons, they passed an ordinance on utilities improperly, they didn't give the proper notice in regard to posting ordinances and also where the city put the postings of ordinances. The Court of Appeals affirmed the decision found in trial court, which was in favor of the City of Union. Mr. Moore said that courts are reluctant to look behind the motivation of the council on why they have done something because councils are elected by the people and courts don't like to put their judgement in front of a representative type of government. Mr. Moore felt that on page 7 of the appeal, a good statement was made and he read that for the record.

"The wisdom and the policy of legislation, or the motives of members of the legislative tribunal, are not subject to review by the court. As long as City council's actions are entertained lawfully and the procedures required are followed, the motives of the members of the Council will not be questioned in the absence of a gross abuse of discretion or fraud."

Plaintiffs-Appellants don't claim that the council's alteration of its regular meeting schedule was fraudulent or a gross abuse of discretion, or that the ordinance involved was unlawful or outside the council's authority to enact. They simply claim that its political motivations were bad or perverse, at least in relation to Plaintiff-Appellants's interests. That is not an issue which is subject to judicial review.

Mr. Moore said the conclusion was that the City of Union did not do anything improper.

Mr. Beyer asked who the other plaintiffs were in this case and Mr. Moore said he would look up the specifics and get back to Mr. Beyer.

5. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan 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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Lawrence Beyer, Vice-mayor

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