Union City Council Meeting Minutes
First Quarter 2004
 
January 12, 2004, Meeting Minutes
January 26, 2004, Meeting Minutes
February 9, 2004, Meeting Minutes
February 23, 2004, Meeting Minutes
March 8, 2004, Meeting Minutes
March 22, 2004, Meeting Minutes
 

January 12, 2004

Mayor Robert Packard called the City of Union council meeting to order on January 12, 2004, on Monday evening. Attendance was taken and the following council members were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O’Callaghan, and Mr. Beyer. Other city staff members attending were John P. Applegate, City Manager, Janet Hamilton, sitting in for Denise Winemiller, Clerk of Council, Joe Moore, Law Director, and Mike Blackwell, Police Chief.

Mayor Packard said that Mrs. Goudy had called from out of state and was taking care of her sick grandchild. He moved that her absence be excused. Mr. Beyer seconded the motion. All concurred and her absence was excused.

Mrs. Terry had not called in and her absence was not excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections on the minutes for the December 15, 2003 meeting. There were none so Mr. Bruns moved that the minutes be accepted as prepared. Mr. Beyer seconded the motion. All concurred and the minutes were accepted.

There were no citizen and visitor comments.

2. Mayor Packard moved to appoint Lawrence Beyer as Vice Mayor. Mr. Bruns seconded the motion. All concurred and Mr. Beyer was reappointed as Vice Mayor.

Mayor Packard moved to appoint Denise Winemiller as Clerk of Council. Mr. Bruns seconded the motion. All concurred and Mrs. Winemiller was reappointed as Clerk of Council.

Mr. Beyer moved that Lynne Thomas-Roth serve for another four year term on the Planning Commission. Mr. Bruns seconded the motion. All concurred and Mrs. Thomas-Roth was reappointed.

Mr. O’Callaghan moved that Mr. Beyer serve for another four year term on the Planning Commission. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mayor Packard moved to reappoint Chuck Wehrman to another four year term on the Board of Park Trustees. Mr. Beyer seconded the motion. All concurred and Mr. Wehrman was reappointed.

Mayor Packard moved to reappoint Michael O’Callaghan to the park board. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mayor Packard moved that Steve Roth serve another three year term on the Personnel Advisory and Appeals Board. Mr. Bruns seconded the motion. All concurred and Mr. Roth was reappointed.

Mayor Packard moved to appoint Chris Heizer to serve on the Personnel Advisory and Appeals Board for a three year term. Mr. Beyer seconded the motion. All concurred and Mr. Heizer was appointed.

Mr. Bruns moved that the current committee members for the Safety, Street and Budget Committee remain the same as the previous year. Mayor Packard seconded the motion. All concurred and the motion was passed.

The committees will remain as follows:

Safety Committee : Mayor Packard, Mr. O’Callaghan, and Mr. Hissong

Street Committee: Mayor Packard, Mrs. Goudy, and Mrs. Terry

Budget Committee: Mayor Packard, Mr. Bruns, and Mr. Beyer

The committee assignments are in effect for two years.

3. Mr. Bruns moved to appoint Mayor Packard as representative and Mr. Applegate as alternate for the Miami Valley Regional Planning Commission and Transportation Committees. Mr. Hissong seconded the motion. All concurred and the motion was passed.

4. ONE READING - ORDINANCE 1313 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH THE COMBINED AGENCIES FOR NARCOTICS ENFORCEMENT (C.A.N.E.) FOR APPROVAL AND REAFFIRMATION OF THE C.A.N.E. AGREEMENT PASSED ON JULY 5, 1988 . (waive three readings)

Mr. Applegate said this ordinance was to authorize a continuation of an earlier agreement and to incorporate a few changes within the document. The police chief recommended that the city continue to participate so the staff recommended the passage of Ordinance 1313. By waiving the three readings, the ordinance would be effective within thirty days.

Mr. Bruns moved to suspend the charter requirements of three separate readings on three separate days in regard to Ordinance 1313. Mr. Beyer seconded the motion. All concurred and the motion passed.

Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1313. Mr. O’Callaghan seconded the motion. All concurred and Ordinance 1313 was adopted.

5. Open Agenda

Mayor Packard commented that the committees for the city had worked very well together and had contributed to many improvements for Union.

Mr. Beyer moved that the council take action on the changes in the council meeting dates as proposed in the memorandum dated January 3, 2004. The memorandum proposes that the meeting scheduled for October 11, 2004, on Columbus Day, a holiday, be moved to the next day, Tuesday, October 12, and that the second meetings in July and August be cancelled.

Mayor Packard seconded the motion. Mr. Beyer voted against the motion, the other council members voted for the motion and the motion was passed.

Mr. Beyer commented on the memorandum concerning Police Chiefs Blackwell’s college courses for 2003. The memorandum stated that until the city could generate additional funds, the city would not be able to reimburse Chief Blackwell towards his college tuition in 2004. Mr. Beyer suggested that the Chief continue with his courses towards his degree in the hope that the city would eventually be able to reimburse him.

A few questions were asked if the funds for reimbursement come from the police fund. Mr. Applegate said they did. Another question was asked if reimbursement of tuition for college courses was just for the chief. Mr. Applegate said they would do it for any recruits or officers if they offered verification of the successful completion of their courses.

Mr. O’Callaghan said there were so many people that had their homes beautifully decorated for the holidays that instead of narrowing down the list they acknowledged seventeen homes as having the best lighting displays. He thanked everyone for their hard work and said they appreciated the efforts on the house decorating .

6. Mr. Beyer moved that the meeting be adjourned. Mr. O’Callaghan 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 26, 2004

The January 26, 2004 City of Union council meeting was called to order at 7:30 p.m, Monday evening by Mayor Packard.

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

Other staff members present were John P. Applegate, City Manager, Janet Hamilton, sitting in for Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

1. Mayor Packard asked if there were any additions or corrections on the minutes from the January 12, 2004 meeting. There were no comments so Mr. Bruns moved that the minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. Mrs. Terry and Mrs. Goudy abstained, and Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, and Mr. Beyer voted for the motion. The council minutes were accepted as prepared.

2. There were no comments from the citizens and visitors at the council meeting.

3. Donna Brown, Manager of the Northmont Library showed a brief video on the Dayton/Montgomery County library and asked for everyone to vote for Issue 20, for a replacement and additional levy for the library that will be on the March 2, 2004 ballot. She discussed the needs of the library for additional funding so they can continuing using the Bookmobile, and paying for maintenance and repair of the buildings and maintaining their current programs and staff.

4. Open Agenda

Mayor Packard commented that the city crews were doing a great job in keeping the streets cleared of snow.

Mrs. Terry agreed and thanked Ms. Brown for her presentation.

Mr. Bruns asked about cars being parked on the street during a snow emergency.
Mr. Applegate said that eighteen snow ordinance tickets had been issued in the morning but not during the evening hours since they were trying to cut down on the police overtime.

Mr. Applegate said the maintenance crew had been quite busy over the weekend dealing with a tank down at the plant, a water main break, and the snow plowing. He said they had the plows ready for additional snow and more than two hundred tons of salt left.

5. 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 9, 2004

Mayor Packard called the February 9, 2004, City of Union council meeting to order. Attendance was taken and the following council members were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O’Callaghan, and Mrs. Goudy.

Other city staff members present were John P. Applegate, City Manager, Janet Hamilton sitting in for Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

Mayor Packard said Mr. Beyer had called because he was unable to attend the meeting. He had fallen and broken his shoulder and elbow. Mayor Packard moved that his absence from the meeting be excused. Mr. O’Callaghan seconded the motion. All concurred and his absence was excused.

Mayor Packard said that Mrs. Terry had called and she had just brought her husband home from the hospital and was unable to come to the meeting. Mayor Packard moved that her absence be excused. There was no second to the motion so Mrs. Terry’s absence was not excused.

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 26, 2004 meeting. There were no corrections so Mr. Bruns moved that the minutes be accepted as prepared. Mr. O’Callaghan seconded the motion. All concurred and the minutes were approved.

2. Mayor Packard had one person from the audience that wished to address the council. Mr. Marsh, representing the Randolph Township Historical Society talked to the council about up coming events that were occurring for the Randolph Township Bicentennial in 2004. He mentioned a few items that were being done, such as the posting of signs, articles and photographs in the Englewood Independent, and a series of lectures. On February 22, there will be a talk concerning the City of Union, held at the Mill Ridge Village Center.

3. ONE READING - ORDINANCE 1314 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $119,500 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. (second renewal)

Mr. Applegate said this is in reference to the State Route 48 project from Charles to Phillipsburg-Union Road and is the second renewal. These notes have been issued before and this ordinance would need to be declared as an emergency.

Mr. Bruns moved that Ordinance 1314 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 No. 1314. Mr. O’Callaghan seconded the motion. All concurred and emergency Ordinance 1314 was adopted.

4. Mayor Packard complimented the city crews on how they were keeping the roads safe and passable during the winter season. He said he had heard many favorable comments from residents. Mr. Applegate said they had always plowed the streets from curb to curb.

Mayor Packard said he was disappointed to hear that the church property on the corner of Montgomery and Martindale Road had sold. The city had hoped to purchase the property if the income tax had passed so they could use the site for a community center.

Mrs. Goudy also said she was disappointed that they lost the opportunity to purchase the church building.

Mr. O’Callaghan asked if the city would distribute information on the police levy. Mr. Applegate said they were in the process of doing that.

Mr. Hissong asked if State Route 48 would ever have additional lanes north of what had already been completed. Mr. Applegate said they had put in for the funds and it was in the long range plans but the project would not be happening any time soon.

Mr. Hissong said Union streets were cleaner than most towns and that there were very few potholes. He said he thought the Union workers did a very good job.

Mr. Applegate said they had received an Issue II grant for the third phase of a storm sewer replacement on Merrymaid Drive. They have already done storm sewer replacement on West Martindale Road and Jodean.

Mr. Applegate also said the city was dismantling the pool complex. They are going to use the area for cold storage and fill in the pool.

Mr. Moore gave a summary of some of the court cases that the city was currently dealing with. Some cases are in the court of appeals, and there is one concerning parking that is still in the early stages.

5. Mayor Packard moved that the council meeting be adjourned. Mr. O’Callaghan seconded the motion. All concurred and the February 9, 2004 City of Union council meeting was adjourned.

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

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February 23, 2004

Mayor Packard called the City of Union council meeting to order on Monday evening, February 23, 2004. Attendance was taken and the following council members were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer.

Other staff members present were John P. Applegate, City Manager, Janet Hamilton, sitting in for Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

Mayor Packard asked if the city office had received a call from Mrs. Terry about not attending the meeting. She had not called so her absence from the council meeting was not excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections of the
council minutes from the February 9, 2004 meeting. There were no comments so Mayor Packard moved that the minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. Mr. Beyer abstained, the other council members voted for the motion and the minutes were accepted as prepared.

2. Citizens and Visitors Comments.

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

3. Open Agenda

Mayor Packard thanked Glynn Marsh, Sue Cummings, and the Randolph Historical Society for their presentation on the City of Union on Sunday, February 22 at Mill Ridge Village. He said they had done a very good job.

Mr. O'Callaghan asked why Old Springfield Road was closed. Mr. Applegate said they were completing the last of the installation of the force water main and he thought the project should be completed in approximately one week.

Mr. Hissong also asked about a street light that was staying on for 24 hours. Mr. Applegate said that the situation had been reported to Dayton Power and Light.

Mr. Hissong also thanked Mr. Marsh for his presentation on Union.

Mr. Bruns asked what had happened with the request to Montgomery County to withdraw the City of Union annexed land from Butler Township.. Mr. Applegate said the request had been accepted by the county but was currently in a lawsuit.

Mr. Bruns asked for everyone to vote for the police levy.

Mr. Applegate commented that the summary of the solid waste amounts from Union for 2003 had been provided to the council. The amounts are similar as they have been in past years. The percentage of the waste stream that is being recycled is 13.07 percent.

4. 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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March 8, 2004

The City of Union council meeting was called to order on March 8, 2004 by Mayor Packard on Monday evening at 7:30 p.m. Attendance was taken and the following council members 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, Janet Hamilton, sitting in for Denise Winemiller, Clerk of Council, Joe Moore, Law Director, and Michael Blackwell, Police Chief.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections of the minutes from the February 23, 2004 meeting. There were no questions or corrections so Mr. Bruns moved that the minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. Mrs. Terry abstained, the other councilmembers voted for the motion and the council minutes were accepted as prepared.

2. Mayor Packard said no one had requested to speak before the council.

3. ONE READING - ORDINANCE 1315 - AN ORDINANCE AMENDING SECTION 1351.08 OF THE UNION CODE CONCERNING THE REINSPECTION FEE. (waive three readings)

Mr. Applegate said the building inspector had to come back a second and sometimes a third time for building inspections.To keep in line with what other jurisdictions are charging builders when they are not ready for an inspection, the staff recommends increasing the reinspection fee.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1315. 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 1315. Mayor Packard seconded the motion. All concurred and Ordinance 1315 was adopted on the first reading.

4. Open Agenda
Mayor Packard said they would not give up on the police levy and would try again. He also asked the Chief to be watching out for the kids since it was getting warmer and they would be playing outside.

Mr. Beyer said it was sad that the police levy had not passed and that only about thirty percent of the registered voters had voted.

Mrs. Goudy said she was also concerned about the failure of the police levy and wanted to have a plan developed to try to get it passed.

Mr. O'Callaghan said that he would like to have a community meeting at the elementary school to correct the misinformation that is being circulated and put the issue back on the ballot.

Mr. Hissong said that he would like to see a group of people go house to house because he was afraid the issue would be defeated again next time.

Mrs. Terry said she has always supported the police and fire departments and she offered to help go door to door. Mrs. Terry asked if she could get a donation of $400.00 from the City of Union for the Easter Egg hunt this year. They will have the event on April 3, at 10:30 a.m. Mr. O'Callaghan moved that the City of Union provide $400.00 for candy for the event sponsored by the city park board and others the weekend before Easter. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mrs. Terry asked when the police levy could be placed back on the ballot. Mr. Applegate said there would be a special election in August and then the regular election in November. He said they would be back before council on this.

Mr. Applegate said he wanted to correct a sentence on the minutes of February 23, 2004. On the second page, third paragraph, concerning the succession of annexed land from Butler Township, Mr. Applegate said "the request had been accepted by the county but was currently in a lawsuit". Mr. Applegate said when he had responded to the question, he was thinking of another matter and the last words of the sentence, "but was currently in a lawsuit" was incorrect and should be deleted.

Mr. Applegate said he was going to publicly discuss the information within the mailing that had been sent out to all the residents that was titled "Focus on Union". He said Mayor Packard had brought to his attention information on the web site "unionfocus.com and Mr. Applegate said he would address the information that was on the web site at each meeting. He said he hoped that people that had questions would attend the meeting where the information would be presented and discussed and the answers and comments would become part of the city record.

Mr. Applegate disputed the claim in the flyer claiming that the city was suing the residents with their own money. The city is being sued and Union is the defendant in the situation.

Mr. Applegate listed the infrastructure improvements and most of them dealt with streets instead of water and sewer lines as insinuated in the information mailed to citizens.

The General Obligation Bond that the city has is a seven year bond issue at 4.5 percent interest and consists of:

Project Local Match for Grant Funds to Retire Debt
Martindale Road, Phase 1 Issue 2 Street Levy
Sanitary Sewer (Cramer property) N//A Sewer fund
Sheet Street Improvement Issue 2 Street Levy
Martindale Road, Phase 2 Issue 2 Street Levy
Shaw Road Improvement Issue 2 Street Fund
Sanitary Sewer (sewer rehabilitation) Issue 2 Sewer Fund
Water line, Phillipsburg-Union Road Issue 2 Street, Storm water, Water Funds

These bonds are paid off within two years and the city's yearly bond payment is $147,440.00 which is for principal and interest.

The Bond Anticipation Notes are renewed annually, have interest rates ranging from 1.47 to 1.83 percent and consist of:


Project Local Match for Grants Funds to Retire Debt
Well Number 4 N/A Water Fund
State Route 48 water line, Phase 1 N/A Water Fund
107 W. Martindale Road N/A General Fund
City building renovation N/A General, Police, Water and Sewer Funds
State Route 48, Phase 2 Issue 2 Street Levy

Other points discussed were that there had been no reduction in services as claimed and the money spent on improvements were all for properties west of the river, not land in Butler Township or Miami County.

Mr. Applegate also read to the council a list of funds coming in on property taxes in Miami County which is mostly flood plain area and does not require much additional city services or expenses.

The estimated funds coming from Miami County in 2004 for property taxes on the ground annexed to the City of Union is:

General Fund $3,800.01
Road Improvement $7,588.46
Police Pension $770.27
Police Fund $20,987.04
Fire Levy $6,308.75
General Fund $1,078.38

The estimated funds coming from Montgomery County in 2004 from property taxes on the ground located in Butler Township and annexed into the City of Union is:

General Fund $785.55
Police Fund $4,178.24
Police Pension $235.66
Fire EMS. $1,429.32
Road Fund $1,996.70

Regarding the police levy, Mr. Applegate said only thirty-one percent of the 4,187 registered voters went to the polls. Mr. Applegate said, "No" means to me when fifty-one percent of the registered voters turn down a levy request.

Mr. Beyer suggested that the safety committee work on getting the both the fire levy and the police levy passed and putting the issues on the ballot together as a safety issue.

The members of the safety committee are Mayor Packard, Mr. O'Callaghan, and Mr. Hissong.

Mr. Applegate said that he and Chief Blackwell had already been meeting and trying to cut back on expenses on the police fund.

Mr. Applegate informed the council that according to an article in the newspaper, the state local government fund was going to be discontinued which would be a loss of $100,000 annually to the city's general fund.

Mr. Applegate said that the money to defend the city against all the lawsuits was coming from the general fund and it was costing the city a lot of money to defend themselves.

Mr. Moore said they were going through discovery and when this part of the process was completed, they would be able to release some information to the public that would be very informative concerning Butler Township and insights into funds that were spent by other entities. Mr. Moore said he thought the information would be available in the next month or two.

Chief Blackwell invited residents to contact him if they had any questions or concerns regarding the police department and said he would be happy to talk to them.

Mayor Packard suggested that the Captain of the Fire Department, John Parrish, get with Chief Blackwell on promoting the fire and police levy.

Mr. Applegate suggested that the council members stop at the fire department and see what they mean when they say the fire department is running out of space. The station was designed for a volunteer facility, not as a department staffed twenty-four hours a day.

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

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

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March 22, 2004

The City of Union council meeting was called to order on March 22, 2004 at 7:30 p.m., Monday evening.

Vice-Mayor Beyer conducted the council meeting in the absence of Mayor Packard.

Attendance was taken and the following council members were present: Mr. Beyer, Mr. Bruns, Mr. O'Callaghan, and Mrs. Goudy. Other city staff members present included John P. Applegate, City Manager, Janet Hamilton, sitting in for Denise Winemiller, Clerk of Council, Joe Moore, Law Director, and Mike Blackwell, Police Chief.

Mr. Beyer said Mr. Hissong and Mayor Packard were ill, and Mrs. Terry had just brought her husband home from the hospital. Mr. Beyer moved that the three council members be excused from attending the meeting. Mr. Bruns seconded the motion. All concurred and their absence was excused.

Mr. Beyer called for a moment of silence.

1. Mr. Beyer asked if there were any additions or corrections from the council minutes from the March 8, 2004 council meeting.

There were no corrections offered so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. All concurred and the council minutes were approved.

2. Mr. Beyer asked Chris Heizer to step forward to be sworn in for the Personnel Advisory and Appeals Board. Mr. Heizer was then sworn in by Mr. Beyer to fill the vacancy on the board.

3. Dr. Minnie Johnson and Frank Ecklar from the RTA were present for a presentation.

Dr. Johnson provided the council members with a packet of information concerning the RTA and said they were attending meetings at various jurisdictions to answer any questions. She discussed the various projects and programs that had received contributions because of the work done by the Greater Dayton RTA. In addition to providing transportation, the company is also active in bringing in funds to the Dayton area, contributing to the Schuster Center, supporting and encouraging activities and money coming to the area that would go to other communities without the RTA's active participation for Montgomery County.

A slide and video presentation was shown of some of the employees that work for the RTA and some recent statistics.

Mr. Beyer asked about their program to transport people that need medical treatment like dialysis. Dr. Johnson said it was called Project Mobility and they charged two dollars for that service. The cost is set by Federal Government guidelines and the service actually costs the RTA thirty-one to thirty-two dollars per trip. Mr. Beyer said that is a very good service that RTA provides.

Mr. Ecklar thanked the council for their time and thanked Mr. Applegate for his longstanding working relationship with the RTA.

4. Citizens' and Visitor's Comments

Mr. Beyer has received a request from Roger Hansel to speak before the council. Mr. Hansel said he lived at 212 Boitnott and had water run off that extended five to six feet into his back yard. He said there needed to be a swale installed to drain the water off of his property.

He also said that there were tree limbs and a camper and he would like to see that addressed.

Mr. Applegate said that the city had put a swale in that area some years ago. Mr. Applegate said that Mr. Hansel had put a garden in that area and later took it back out. Mr. Applegate said he did not know if Mr. Hansel put the ground back the way it was before. Mr. Applegate said they would take a look at the situation.

5. Open Agenda

Mr. Beyer reminded everyone that April was National Donate Life month. He had up to date statistics such as in the United States, sixty-eight people are saved by transplants every day and seventeen people die every day because of the shortage of transplants. He encouraged everyone to consider transplantation as an option and make their wishes known to their families.

r. Bruns thanked the RTA representatives for their presentation.

Mr. O'Callaghan said that since Mrs. Terry was absent, he wanted to remind everyone that the Easter Egg Hunt would be held at Union Elementary on April 3, at 10:30 a.m.

Mrs. Goudy thanked the RTA representatives for attending the meeting and for all the information presented.

Mr. Applegate said he had a couple of comments to make in response to some information that was on the unionfocus.com website concerning the police department.

Mr. Applegate said that at one point in the past, Mr. Beyer had attempted to have people come to the public hearing on the budget so the budget committee could explain the budgetary process and the format. He said unless someone would come in and ask questions, it could be hard to understand the budget and the information could be misinterpreted and if it was then relayed to someone else it would be misinformation.

Mr. Applegate said information on expenses for the police department were detailed in the web site. Mr. Applegate said he would take the various items and give an explanation, explaining the line items and the
expenditures. For example, there was a request in the asking budget for $10,000 for a new position. He said this was in the asking budget for 2003, 2002, and 2001 but the position was never filled and the item was deleted in 2004.

Mr. Applegate went through each item as it appeared on the unionfocus.com website. Some of the items were payroll payments to various employees from the police fund. Mr. Applegate said that City of Union employees were not departmentalized and they could be working on streets one day and for the water department the next day. Their pay would come out of the appropriate fund, dependent on what they were working on that day. Some of the examples consisted of employees that worked on cars or did wood working for the police department and were correctly paid by funds from the police department.

Other items were postage charges, legal fees, audit fees, etc. Mr. Applegate gave an explanation for all of the charges in the unionfocus.com web site. Mr. Applegate said asking, actual, and projected figures from all different years were all mixed in together in the information that had been posted.

Mr. Hansel asked what Mr. Applegate was talking about and said he did not understand what he was saying about unionfocus.com. Mr. Applegate explained there was a mailing done prior to the police levy in March and it said "for more information, go to unionfocus.com". Mr Hansel asked if someone was putting out false information, wouldn't the city sue them. Mr. Applegate said they were addressing what had been said on the web site because it was not accurate. He said he had already addressed some items at the March 8, 2004 meeting.

Mr. Moore said they had the oral arguments in the Court of Appeals on the charter amendment concerning having an election every time there is an annexation. The position that the city has taken is that annexation are a state wide concern so local governments can not make charter rules that conflict with the state government. The oral arguments are done so they are waiting for the decision.

There is a new concealed carry law in Ohio with a statutory procedure. Mr. Moore said it was interesting because within that particular bill was language that the state law will be in control and the city councils, villages, charters and communities will not be able to make very many if any restrictions on that state law because it is a matter of general nature, of state wide concern and the state statutes are in control.

6. Mr. Bruns moved that the council meeting be adjourned. Mr. O'Callaghan
seconded the motion. All concurred and the March 22 council meeting was
adjourned.

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

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