Union City Council Meeting Minutes
First Quarter 1999
 
Jan. 11, 1999, Meeting Minutes
Jan. 25, 1999, Meeting Minutes
Feb. 8, 1999, Meeting Minutes
Feb. 22, 1999, Meeting Minutes
March 8, 1999, Meeting Minutes
March 22, 1999, Meeting Minutes

Jan. 11, 1999

The first council meeting for 1999 was called to order by Mayor Robert Packard on January 11. Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Bruns, Ms. Corbin, Mayor Packard, Mrs. Shields, Mr. O'Callahan, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Paul Courtney, sitting in for Joe Moore, law director, Dan Gessner, Police Chief, and Bud Berman, Fire Chief.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any corrections or comments on the minutes from the December 28, 1998 council meeting. There were none so Mr. O'Callaghan moved that the minutes be accepted as prepared. Mr. Beyer seconded the motion. All concurred and the minutes were accepted as prepared.

2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience. There were no comments.

3. THIRD READING - ORDINANCE 1149 - AN ORDINANCE AMENDING 741 OF THE CITY OF UNION CODIFIED ORDINANCES TO ESTABLISH OWNERSHIP OF DISCARDED AND/OR RECYCLABLE MATERIALS. (three readings)

Mr. Beyer moved to have the third reading and adopt Ordinance 1149. Mr. Bruns seconded the motion. All concurred and Ordinance 1149 was adopted.

4. ONE READING - ORDINANCE 1151 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $220,600 PHILLIPSBURG UNION ROAD UTILITY EXTENSION BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF THE PHILLIPSBURG UNION ROAD UTILITY EXTENSION PROJECT, TOGETHER WITH ALL NECESSARY APPURTENANCES. (waive three readings)

Mr. Applegate said this was the fourth renewal for extending water and sewer services to Irongate Estates.

Mr. Beyer moved to suspend the charter requirement of three separate readings on three separate days in regards to Ordinance 1151. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt Ordinance 1151. Mr. Bruns seconded the motion. All concurred and Ordinance 1151 was passed on the first reading.

5. ONE READING - ORDINANCE 1152 - AN ORDINANCE AUTHORIZING THE COUNCIL OF THE CITY OF UNION TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A USED 1989 FORD DUMP TRUCK FROM TOM LUCAS WITHOUT BIDDING AND ADVERTISING AND DECLARING IT AN EMERGENCY. (waive three reading)

Mr. Applegate said that this vehicle came to his attention just before he left on vacation. The city's maintenance foreman, Al Butler, noticed the used dump truck for sale at the ball fields at O. R. Edgington School. They looked at it and had a mechanic look at it. The vehicle is in very good shape and would be a good truck for the city. The city already has money in the budget to purchase a new vehicle. This dump truck is in very good condition and Mr. Applegate felt it would last fifteen to twenty years for the city. He recommended the purchase of the vehicle since it was in excellent condition. In response to a question from the council, Mr. Applegate said they would need to buy a salt spreader and plow for the new vehicle.
Mr. Applegate said they were also looking for a truck for the leaf loader. He said he hoped to find an additional used truck and then they would have obtained two dump trucks for the price of one new truck.
Mr. Bruns moved that Ordinance 1152 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 1152. Ms. Corbin seconded the motion. All concurred and ordinance 1152 was adopted on the first reading.

6. Open Agenda

Mayor Packard said that the street department had done a good job at keeping the streets clear.
Mr. Applegate said he had driven around before getting with the maintenance department and he said that the streets had been plowed curb to curb and that they had done a great job. He said he was proud at how the streets were plowed. Mr. Applegate said that they had 122 hours of overtime and used 175 tons of salt which is a cost of $10,000 dollars expended in a little over a week for snow removal.

Mayor Packard asked who was responsible for Sweet Potato Ridge Road. Mr. Applegate said the village of Clayton is responsible.
Mayor Packard complemented Mrs. Winemiller on the job she had done in Mr. Applegate's absence.

Mayor Packard said what they did to get the cars off the street was necessary, referring to the snow emergency that was declared on Saturday, January 2, 1999, and he thanked Chief Gessner also.
Mr. Applegate said it went back to when the city had the blizzard in 1978 and no one could get through the streets with cars parked on both sides. Mr. Applegate said that the priority was to get the streets clean and to allow emergency vehicles like fire trucks and ambulances to get through town. Mr. Applegate said when storms are coming, residents need to get vehicles off the street.

Mr. Beyer said they definitely need the snow ordinance. He added that he was driving in Dayton and they do not plow their side streets to the curb. Cars park several feet from the curb so there is only one lane open on side streets and even some major roads.

Mr. O'Callaghan also commented that the crew had done a very good job of snow removal.

Mrs. Shields thanked the maintenance crew for their work at the snow plowing.

Ms. Corbin apologized for running late to the evenings meeting. She also commented that a member of the Englewood fire department had said that it is a big help when people take the time to shovel away the snow from a fire hydrant. She said she had a hydrant at her property and she would have the snow cleared away by the next morning to make the hydrant easier to locate in case of an emergency.
She also announced that she will going back to using her maiden name of Gregg.

Mr. Bruns asked Chief Gessner how the amount of snow ordinance tickets issued this time compared to last time. Chief Gessner said eighty tickets were issued this time and approximately half of those tickets were to residents that were out of town.
He asked if the tickets were issued primarily to new citizens in the area. Chief Gessner responded no.

Mrs. Terry also complimented the work from the road crew. She said that she had received eight to ten calls a day complaining about the snow ordinance tickets and that thirty dollars may seem steep to people but that she believed in the snow ordinance and that it was necessary in case of a fire or someone having a heart attack and needing emergency vehicles.
Mr. Applegate said it was good to be back from vacation and he was glad that everything had been handled while he was gone. He said he was very pleased.

Mayor Packard introduced Paul Courtney, representing Joe Moore.
Mr. Courtney said that their office had received a notice that Mr. Tim Bell filed a notice of appeal attempting to overturn the court of appeals decision on the gravel driveway issue. Mr. Courtney explained that usually on a civil action, Mr. Bell would not have the right to appeal to the supreme court. He would have to ask the supreme court to take your appeal. Generally, the supreme court refuses to take those kind of civil cases. At this point, Mr. Bell is asking the supreme court to consider taking the appeal.

Continuing with his list of helpful information for residents, Chief Gessner said that if a company calls and states that a prize has been won and will be delivered but there is a service charge or handling fee, that is illegal in the state of Ohio to attach any kind of a charge on prizes.

Chief Bergman said that his department has been very busy, helping people get to hospitals. He thanked Ms. Corbin for mentioning clearing away snow from the fire hydrants.
Chief Bergman suggested they clear away snow from all building exits, not just one, in case of an emergency.
He also warned people about carbon monoxide. If the chimney or flue gets covered with snow, that can cause a problem but a carbon monoxide detector would keep them safe.
7. 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

Back to top of page.


Jan. 25, 1999

Mayor Robert Packard called the January 25, 1999 council meeting to order. Attendance was taken and the following councilmembers were present at the meeting: Mr. Bruns, Ms. Gregg, Mayor Packard, Mr. O'Callaghan, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Paul Courtney, sitting in for Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard said that Mrs. Shields had called and was ill and that Mrs. Terry had also called and she has an illness in her family so both councilmembers were unable to attend the meeting.

Mayor Packard moved to excuse Mrs. Terry and Mrs. Shields from the council meeting. Mr. Beyer seconded the motion. All concurred and both absences were excused.

The Mayor asked to have a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the council minutes from the January 11, 1999 meeting. There were no comments so Mayor Packard moved that the minutes be approved. Mr. O'Callaghan seconded the motion. All concurred and the minutes were accepted as prepared.

2. Mayor Packard asked if there were any questions or comments from the citizens and visitors in the audience. There were none.

3. Public hearing on .605 acres located on the west side of North Main Street south of Concord Farm Road. Proposed change is from R-PUD (Residential-Planned Unit Development) to R-PUD-1.

Mayor Packard opened the public hearing for a zoning change from R-PUD, Residential Planned Unit Development) to R-PUD-1.

Mr. Applegate said that there was a request for a zoning change in Concord Farm North and he indicated the area on the map. The property is located within an existing area that has doubles. The proposal is to build a four unit townhouse and a double.
Mr. Applegate gave a brief history of the property. At one time, the land was zoned to allow these types of units under the R-PUD zoning. Then an initiative petition was carried and passed that eliminated multifamily homes from R-PUD so then it would only allow single and two family units. R-PUD-1 was later created to allow multifamily homes in the subdivision known as Mill Ridge Village, operated by The Brethren Homes.
Ray Gibson presented his proposal for R-PUD-1 zoning to the planning commission and it was passed.
The City of Union has followed requirements for setting up a public hearing for a zoning change by notifying surrounding owners of properties and publishing a legal ad in the local paper.

A gentleman from the audience, Russell Hauck, mentioned that they don't have any public streets - they are private in the Homeowners Association located within an area of Concord Farms North subdivision. He asked if HUD would need to approve the homes. Mr. Beyer said that the city council would only approve or disapprove the zoning change at the meeting.
Mr. Beyer said according to the city's law director, any type of building built on that property would have to become a member of the Homeowner's Association.
Mr. Gibson, the new owner, does not pay any fees now because there are no units built.
Mr. Applegate read information that said that any unit built on the property would have to belong to the Homeowners Association.
In response to a resident's concerns that HUD would be involved, Mr. Beyer said if someone was purchasing a unit and needed to apply for a FHA or VA loan, they need to still have approval to obtain federal funds for loans. If they lost HUD approval, potential buyers would have more difficulty getting government loans. He said the city is only concerned with the zoning issue.

Mr. Hauck asked how the buildings would look and if they would be allowed to have a two car garage. Mr. Beyer said they would have two car garages for each side of the doubles. The resident said the existing homes were not allowed to have two car garages without the approval of the association.

Mr. Applegate said that when the existing doubles were built, only a one car garage was required by the city. Even though the area has private streets and the Homeowners Association, the buildings still have to comply with City of Union zoning and building regulations.
Mr. Applegate said now every house is required to have a two car garage. Mr. Hauck asked what year that was changed. Mr. Applegate checked and that requirement went into effect in June, 1997, with passage of Ordinance 1092.

If the zoning is approved, then Mr. Gibson will have to comply with subdivision regulations and submit plans to the planning commission for approval.

Mr. Hauck was also concerned about the wear and tear on the private streets. Mr. Beyer said they were working to get Mr. Gibson to agree to repave the streets after the construction work was done.
In response to another question, the water and sewer lines are already in place since the additional buildings were planned in the original design of the subdivision.
Mr. Beyer suggested that Mr. Hauck and Mrs. Vossler put their address or phone number on the sign up sheet and then the city could notify them of the planning commission when Mr. Gibson will be bringing in his plot plan.

Mayor Packard closed the public hearing.

4. FIRST READING - ORDINANCE 1146 - AN ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED. (three readings) [.605 acres south of Concord Farm Road.]

Mayor Packard moved to have the first reading of Ordinance 1146. Mr. O'Callaghan seconded the motion. Mr. Beyer voted against the motion, the other councilmembers, Mr. Bruns, Ms. Gregg, Mayor Packard, and Mr. O'Callaghan voted for the motion. The motion passed to the second reading.

5. Open Agenda

Mayor Packard said he had seen Sheets Street and the work was coming along very well. Mr. Applegate said anytime there was a complete road reconstruction project being done, there would be difficulties but Mr. Applegate said that the contractors were doing a good job of keeping things cleaned up.

Mr. Beyer said he had no objections to the zoning change but he felt that Mr. Gibson, who was asking for the zoning change, should have attended the meeting. He said that was his reason on voting no for this first reading of the ordinance.

Mr. Beyer said that covenants indicated that Mr. Gibson would have to be a member of the homeowners association but he asked if the planning commission could make his membership necessary for approval of the plan. Mr. Applegate said Mr. Moore was not present but he did think it should be a condition of the approval of the subdivision. He was also concerned about the existing parking lot, private drives, etc. He suggested video taping the drives and parking lot to document their existing condition and that the planning commission would expect Mr. Gibson to make right any damage that could be done. Rather than changing the ordinance, Mr. Applegate suggested they handle it within the planning commission.

Mr. Beyer commented on the letters from the school and a citizen concerning the snow removal.
Mr. Beyer asked about why the leaves could not be picked up on the private streets within his subdivision. Mr. Applegate said he had no problem with the city doing it but he did not want the city to be held responsible for certain problems that could come up, like damage to private streets, since they were not built to the city's specifications. Mr. Applegate said they had sent the smaller leaf machine in to pick up leaves this year.

Ms. Gregg asked how the city salt supply was because she heard that more snow was coming in. Mr. Applegate said that they had gotten low on salt like everyone else but they had a new supply. He reminded the council that they had allowed Montgomery County to build a salt barn on their property and as part of their agreement, Union can also buy from the county's source. They have now restocked the salt barn. The county has 400 tons and the city has 125 to 130 tons.

Mr. Applegate said during the bad weather, the fire station was staffed around the clock. Mr. Applegate thanked the firemen for doing that. The station was manned the entire time.
Chief Bergman said they always watched the weather and said it was difficult for people to respond sometimes to get from home to the firehouse but he said they try to keep ahead of things so they can handle anything that comes up.
Mr. Applegate said at times they have gone and dug people's vehicles out of the snow to ensure that they can respond to emergencies.

Mr. Applegate said that Martindale and Old Springfield Road was closed. After Martindale was closed, it was thirty-six hours before Old Springfield had to be closed. The extra time the road was open was due to the recent improvements.
Mr. Beyer said that the sign that Montgomery County uses still says both roads are closed.

Mr. Applegate said Old Springfield is still in the flood plain and water can still come up over the bridge so it will sometimes will be closed but during normal flooding, the road will stay open.

Mayor Packard thanked Mr. Courtney for attending the meeting since Mr. Moore was on vacation.

Mr. Applegate said for housekeeping purposes, they needed a motion to have Mayor Packard as the representative for the Miami Valley Regional Planning Commission and Transportation Committee and Mr. Applegate would serve as the alternate.

Mr. Beyer moved that Mayor Packard serve as the representative for the Miami Valley Regional Planning Commission and Transportation Committee, and that John Applegate serve as the alternate on both boards. Mr. Bruns seconded the motion. All members present supported the motion.

Chief Gessner related number four in his series of popular myths. This was about a "Lemon Law" which people believe protects buyers from all big ticket items, including new cars. Chief Gessner said that in Ohio, the lemon law applies only to new car purchases and leases, not used cars. If any problems occur with used cars, it is the new buyers responsibility to make repairs.

Chief Gessner said that David Blackwell was sworn in as part-time police officer on January 25, right before the council meeting.
Officer Cope has resigned and is now working at Huber Heights full time.

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

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council

___________________________
Lawrence Beyer, Vice-mayor

Back to top of page.

 

Feb. 8, 1999

The February 8, 1999 City of Union council meeting was called to order by Mayor Packard. Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Bruns, Ms. Gregg, Mayor Packard, Mrs. Shields, Mr. O'Callaghan, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

The Mayor asked for a moment of silence.

1. Mayor Packard asked if there were any questions or comments on the minutes from the January 25, 1999 council meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. Beyer seconded the motion. Mrs. Terry and Mrs. Shields abstained, the other councilmembers voted for the motion and the minutes were accepted as prepared.

2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience. There were no comments.

3. SECOND READING - ORDINANCE 1146 - AN ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED. [.605 acres south of Concord Farm Road.] (three readings)

Mayor Packard moved that they have the second reading of Ordinance 1146. Mr. Bruns seconded the motion. All concurred and Ordinance 1146 was passed.

4. ONE READING - ORDINANCE 1153 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $220,600 PHILLIPSBURG-UNION ROAD UTILITY EXTENSION BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF THE PHILLIPSBURG-UNION ROAD UTILITY EXTENSION PROJECT, TOGETHER WITH ALL NECESSARY APPURTENANCES. [Fourth Renewal] (waive three readings)

Mr. Applegate said this was a note to be established for one year only, until March 26, 2000.

Mr. Beyer moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1153. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt Ordinance 1153. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1153 was passed on the first reading.

5. ONE READING - ORDINANCE 1154 - AN ORDINANCE AMENDING CHAPTER 741.17 OF THE UNION CODE, RELATING TO SOLID WASTE COLLECTION. (waive three readings)

Mr. Applegate said this ordinance deals with the trash rate. Mr. Applegate said a letter from Rumpke attached to the ordinance explains the lowering of the tipping fees and that the savings would be passed on to the residents - that the trash rate will be reduced by seventy cents.

Mr. Beyer moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1154. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt Ordinance 1154. Mr. Bruns seconded the motion. All concurred and Ordinance 1154 was passed.

6. ONE READING - ORDINANCE 1155 - AN ORDINANCE AUTHORIZING THE COUNCIL OF THE CITY OF UNION TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A USED 1998 VAC-CON V390THA COMBINATION SEWER CLEANER FROM BEST EQUIPMENT CO., INC. WITHOUT BIDDING AND ADVERTISING AND DECLARING IT AN EMERGENCY. (waive three readings)

Mr. Applegate said they are requesting the purchase of a used piece of equipment that was a demonstrator model. He added that this was included in the budget. This equipment would replace two existing pieces of equipment.
Mr. Applegate said this equipment was in excellent shape and should last for a long time.
Mr. Applegate said they were hoping to purchase this through the lease/purchase program.

Mrs. Terry asked what the equipment did. Mr. Applegate said the equipment jet rodded storm sewers, sanitary sewers, and catch basins, and it will assist the city crews to clean East Martindale Road after flooding, etc. This will enable Union to annually clean the sewers and possibly avoid future sewer back ups.

The vehicle is available now and that is why the Ordinance has been declared as an emergency.

Mr. Beyer moved to declare Ordinance 1155 as an emergency for the reasons set forth in the Ordinance. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt emergency Ordinance 1155. Mr. Bruns seconded the motion. The councilmembers all voted for the motion and Ordinance 1155 was passed.

7. ONE READING - RESOLUTION 99-01 - A RESOLUTION AUTHORIZING ENTERING INTO A MASTER LEASE-PURCHASE AGREEMENT FOR THE LEASE PURCHASE OF A USED 1998 VAC-CON V390THA COMBINATION SEWER CLEANER.

Mr. Applegate said this resolution will enable them to enter into the lease agreement with Fifth Third Bank.

Mr. O'Callaghan moved to have the one and only reading and adopt Resolution 99-01. Ms. Gregg seconded the motion. All concurred and Resolution 99-01 was adopted on the first reading.

8. Open Agenda

Mayor Packard said he had attended an effective, well attended program at the Northmont High School. He wanted to thank the Northmont Board of Education for sponsoring the program.

He announced that on January 15, the National Trail LaSertoma would be presenting their annual Youth Service Award to Emily Sue Potts, a City of Union resident. He said he would attend the ceremony and present her with a proclamation from the mayor.

Mr. Bruns said he read the letter from Rumpke on the tire program. He asked if Rumpke had agreed to pick up tires during the large item pickup. Mr. Applegate said that Rumpke said they would pick up the tires.

Mrs. Terry asked the representative from the Englewood Independent why Union was not listed separately when the article was telling how well the Englewood and Clayton fire stations were doing. The reporter from the Englewood Independent said that Clayton had just mentioned their fire department in their state of the city address and Englewood's department was discussed at an Englewood council meeting. He said he would make a note of Mrs. Terry's comments.

Mrs. Terry thanked Mr. Applegate for getting the dump truck traffic off of Merrymaid.

Mrs. Terry said that Miller Brothers was donating their time dredging the pond in Kettering, helping to search for a missing nine year old girl. She said she felt the city should be proud of Tommy Miller and Miller Brothers.

In reference to a comment about the leaf pick up program in the minutes of the last meeting, Mrs. Terry asked why private streets had been permitted in Union that were not built to the city's specifications. Mr. Applegate said anyone could build a private street and the city is not responsible for maintaining them. She asked if there was a homeowner's association and if that caused any problems. Mr. Applegate said that there would be a homeowner's association and that it did not cause the city a problem - it would save them money since they wouldn't have to maintain the streets.

She agreed with Mayor Packard on the successful program held at the Northmont High School.

Mr. Applegate said that the Sheets Street project was progressing nicely.

Mr. Applegate said included in the packet was information about signing up for a corporate membership in the Randolph Township Historical Society. He said he recommended that they continue their membership.
Mayor Packard moved to donate $150.00 to the Randolph Township Historical Society. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Chief Gessner continued with his list of top ten of the Attorney General's consumers' myths which was: all money collected in the name of a charity must go to the charity. Many charities use professional fund raisers that keep a percentage of the collections, sometimes as much as half. He suggested that before residents give money to unfamiliar charities, they should check with the Better Business Bureau or the charitable foundation section of the attorney general's office.

Mr. Bergman said that spring was coming and that people should keep a close watch on their children.

9. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the February 8, 1999 City of Union council meeting was adjourned.

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council

___________________________
Lawrence Beyer, Vice-mayor

Back to top of page.

 

Feb. 22, 1999

Mayor Robert Packard called the February 22, 1999 City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Bruns, Mr. O'Callaghan, Mr. Beyer, Mrs. Shields, Mayor Packard, and Mrs. Gregg. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

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 8, 1999 council meeting. Mr. Bruns said that under Item 3, regarding Ordinance 1146, it states that Ordinance 1146 was passed. He said it should read that the motion was passed. Mayor Packard moved that the minutes be accepted with that correction. Mr. Bruns seconded the motion. All concurred and the minutes were accepted with the correction of # 3 to read the motion was passed, or that the Ordinance was passed to the third reading.
2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience.

Mrs. Julie Johnson, from West Martindale Road, said she was present representing the Union Ladies League. She asked if Union would be interested in sponsoring the Easter Egg hunt again this year. It would be held on March 27. The budget for last year was $400.00 and she said that would be sufficient for this year. Mr. Applegate said he could contact the park board and they could meet and discuss it. Mr. O'Callaghan, as president of the park board, said he didn't see that there would be a problem but that they would need to discuss it with the park board members.

Mrs. Johnson requested an explanation of Ordinance 1146. Mr. Applegate said that this was to change the zoning map of the City of Union on a small parcel of land, formerly known as Lot 97. He showed Mrs. Johnson the location on the map. Existing townhouses and doubles are adjacent to the property. This proposed zoning change would be from R-PUD to R-PUD-1 zoning which would allow the building of a four family unit on the side and one double unit on the north side of Pepperwood.

3. THIRD READING - ORDINANCE 1146 - AN ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE OF THE CITY OF UNION AS ENACTED BY ORDINANCE 314 AS SUBSEQUENTLY AMENDED. [.605 acres south of Concord Farm Road.] (three readings)

Mr. Bruns moved that the council have the third reading and adopt Ordinance 1146. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1146 was adopted.

4. Review, discussion, and action on the State Route 48 Road Widening project.

Mr. Applegate said he was sorry for the delay in getting the council packets delivered but they were waiting on some answers to provide additional information to the council.

The State Route 48 street widening project is ready to move forward to bidding in April. As stated in the memo, the projected cost is 5.2 million dollars with 4.8 million available construction grant money. The difference is 306,000 dollars. The cities involved, Englewood and Union, would have to come up with these funds. (100 percent local share)
There are two items within the project that could be done with 100 percent local financing. Those two deal with water line and service relocations and DP & L distribution systems relocation for power and street lights. There are also three other items that would need to be discussed with the council, giving them a total of five items to be discussed. The other three are the relocation of the existing pear trees on the left side of Main Street, additional project cost overruns, and water and sewer utility improvements at the intersection of State Route 48 and Sweet Potato Ridge Road.

Considering those five areas, there are three that would be eligible under the funding if money was available. Those items would be DP & L, water main and water service relocation, and project cost overruns.

On the trees, funding would pay to take them down but not to replace or move them. The last of the three items would be the improvement to the intersection of State Route 48 and Sweet Potato Ridge Road, which would be considered new, and not eligible for funding.

This project has already been scaled back from ending at Phillipsburg-Union Road to stopping at Charles Place.

In looking at the relocation costs of DP & L, Mr. Applegate suggested that they take a look at the street scape plan and see what the expenses would be. State Route 48 will be under major reconstruction including street, curbs, sidewalks, storm sewers, etc. They received three options from DP& L.

Option 1 is to move the power distribution lines back to Montgomery. This cost to the city would be $90,000. Decorative street lights would be $49,000, underground installation of the lines (trenching work) would be $40,000.

Option 2 deals with retaining or putting back the existing power poles on the west side of the street. This would cost $18,000.00. Again, the decorative street lights would be $49,000.00 and underground trenching done by the city at a cost of $35,000.00.

Option 3 would keep the same street lights that currently exist, relocating them back further to accommodate the road widening. This would cost $10,000.00.

For Option 1, the city would need to borrow money. For Options 2 and 3 they would not have to borrow money.

On the water line relocation cost, the amount would be approximately $66,000. The water services would need to be dug up and reattached. They were already planning on doing away with an old 4 inch water line on the east side of State Route 48 and attaching services to an existing 6 inch water line. The 4" and 6" water line and services have been there since the 1930's.

Mr. O'Callahan asked why the state was not paying for the additional costs. Mr. Applegate said they only pay for what the project is estimated at.

Mr. Applegate said there is no more funding available - they have already checked into that.

They are currently working on getting an estimate for the water line relocation cost. They can either leave the existing line or get an estimate for installing a new line. The current water line pipe is laid in a "V" trench on rock and is sensitive to ground movement which causes main breaks. Mr. Applegate felt that when the heavy construction equipment is traveling up and down Main Street for the road widening project, there could be even more main breaks with the old pipe. He is still working on the estimates.
Mr. Applegate said the staff thinks the better option is to get a price and look at replacing the entire line.
The work would be funded out of the water fund and the city would need to borrow money.

The third item is that the trees planted in 1987, through donations, must be removed on the west side. They were put in using the correct width of the road. Since 1987, the rules have changed and the federal government now requires an additional foot and one half on the travel lane to the south which means that the curb needs to be moved back. It will be moved on the west side since so many houses on the east side are already on the road right-of-way. Mr. Applegate said he had met with Deeters Nursery and they have looked at the individual trees. Many of them are fourteen to fifteen inches in diameter. To replant trees, for every inch in diameter, you need ten inches of surface from the center of the trunk. So, for an example, the two trees in front of city hall would require a ten foot hole. The city has been trying to locate a large spade, but there would also be bedrock below that the spade could not go through. The other way would be to ball the tree but if the dirt would fall off the root system through transporting, the tree would probably die.
Mr. Applegate reminded them of the Christmas tree that they tried to transplant but died.
Mr. Applegate suggested they should replace the existing trees with two to four inch trees so they would fit the space that would be left. Some of the trees will need to be placed on private ground. There are a few small trees (less than ten inches) that they will try to save.
Instead of the $30,000 relocation cost, they will be replacing existing trees with smaller trees and it will cost approximately $10,000.
They will try to replace with two to four inch trees instead of one inch trees. They will be smaller on the other side until they catch up after three or four years of growth. Mrs. Gregg asked if the trees are still growing. Mr. Applegate said they should have stopped growing at forty or fifty feet. They have been trimmed twice so far. Ms. Gregg asked if they could trim them down more.

The next item would be project cost overruns. There is a $200,000 continency for overruns. That would be less than four percent of the project. In meeting with Joe Litvin, Montgomery County Engineer, who is doing the portion of the street for Clayton, the normal cost estimate for overruns is estimated at ten percent. Mr. Applegate said this is another concern. If it would be ten percent, that would be $90,000 and the city does not have the money - they would have to borrow funds. Mr. Applegate said he asked Mr. Litvin if the county could see if permissive tax money (from license plates) could be used. Twenty-five percent of that is retained by Montgomery County and Union has never received any of those funds. Mr. Applegate said they have said they would look at it in the year 2000. Mr. Applegate said they have committed $50,000 to the City of Union. Mr. Applegate said that he would like an additional amount committed. The $50,000 would be $25,000 for Union and $25,000 for Englewood.

The fifth and last item would be utility improvements for Sweet Potato Ridge Road intersection. These items are new so they are not funded. The city would like to run a twelve inch water main and put in a span of sanitary sewer line from the east to the west side.
Mr. Bruns asked if ED/GE money could be used and Mr. Applegate said it was more for economic development.

Mr. Applegate said this project has been in the making for eighteen years. The bids will be opened some time in May and those may come over the estimate. If that is the case, the project will need to shortened. Mr. Applegate said that it could be shortened to Martindale. Storm sewers on State Route 48 go back to the 1800's. Mr. Applegate said they need to do as much as they can on State Route 48.

Mr. Applegate said that Dayton Power and Light would need Union's answer by next week.

In response to a question from Ms. Gregg, not doing the street lights will not add any extra money towards the paving of State Route 48. That part of the project is 100 percent local funding and the street light funds would be used to pay for the lighting cost.

DP & L will be sending letters to people and asking for a couple of feet easement for street lights. Mr. Applegate said he would also like to talk to property owners about the trees. If the businesses refuse to allow the trees, there would be no trees.
Mr. Bruns pointed out that the money in the street lighting fund could only be used for street lights, it could not be used for the water and sewer line or any other part of the project.
Mrs. Terry asked if adding the water line will need to increase the water rates. Mr. Applegate said they may be able to get by another year without raising the rates. He said they have been lucky with the new housing but they will need to increase rates in the future. Mr. Beyer said it would be foolish not to replace a seventy year water line when they have the opportunity to fix it. Mr. Beyer said it makes sense to spend the money and maintain the line.

Mrs. Terry asked if the project would only go to Sheets Street, what good would it do the city. Mr. Applegate said the drawings have been completed so he would try to obtain new funding. The money is there so they need to utilize it if they can. Mr. Beyer said they may be going farther than Sheets Street - they don't know yet.

Mr. Beyer suggested they do Option 2 for the lighting, replace the old water line on Main Street, replace the pear trees, replace what is necessary on Sweet Potato Ridge Road, and accept the cost overruns.

Mr. Beyer emphasized that the money in the street light fund could only be used for lighting, not for any additional paving or road reconstruction.

Mrs. Terry said that she favored Option #2 since the money was already there in the fund and the city would not have to borrow any more money.

Mr. Bruns said that the city should spend their money wisely and now was the best time to do the service line relocation and utility improvement. Waiting would just cost the city more money.
Mr. Applegate said he would have more specific figures later for the council and that they know that eventually the city would need to replace the water line.

Mr. Beyer moved that the council direct the City Manager to pursue the five steps outlined in the City Manager's memo concerning the State Route 48 road widening. Mayor Packard seconded the motion. All concurred and the motion was passed.

5. Open Agenda

Mayor Packard commented that he thought the city was looking really good - that there had been a lot of changes in the last ten years. He said he had heard some favorable comments from people.

Mr. Beyer said he got an advertisement from Advanced Cable. He asked if there was another cable company in the area. Mr. Applegate said as far as he knew, only Media One was available and they were going to become Time Warner.

Mr. O'Callaghan asked about the Englewood new fire tower, if it would be used for training purposes. Mr. Applegate said the city would be using it. Mr. Applegate said he had already checked with Eric Smith, Englewood's city manager.

Mr. Applegate said the police chief was ill and the fire chief, Bud Bergman, had asked to be excused to attend an important family event.

Ms. Gregg mentioned about the American Cancer Society Relay for Life. She had talked to the council about it in October and wondered if Union wanted to have a team. She offered to participate if they could get a team together. They need members of the team to walk a portion of the twenty-four hours. Each walker is to try to gather sponsors. The program is handled through Good Samaritan North. Ms. Gregg said she would volunteer as team captain. The date is May 21 and 22. Mayor Packard volunteered to participate.

Mrs. Terry thanked Mr. O'Callaghan and the park board for showing an interest in the Easter Egg hunt. Mrs. Terry said she would contribute $50.00 for the bunny suit again and there was $90.00 left in the treasury from the picture taking last year.

Mrs. Terry said there should be an article about the Union Fire Department in the next Englewood Independent and she said Bud Bergman was not identified as Union's fire chief at times.
Mr. Applegate said that Sheets Street was moving right along. He thought there would be some curbs installed within the next two weeks. Mr. Applegate said they had cleaned some of the sewers with the new vehicle they had purchased. The equipment was working very well. He said he would have it at the next meeting so the council could take a look at it.

6. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard seconded the motion. All concurred and the February 22, 1999 City of Union council meeting was adjourned.

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council

___________________________
Lawrence Beyer, Vice-mayor

Back to top of page.

 

March 8, 1999

Mayor Packard called the March 8, 1999 City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mrs. Terry, Miss Gregg, Mayor Packard, Mrs. Shields, and Mr. O'Callaghan. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard said that Mr. Beyer and Mr. Bruns were both out of town and he moved that their absences be excused. Mr. O'Callaghan seconded the motion. All concurred and the absences were excused.

Mayor Packard asked for a moment of silence.

1. The Mayor asked if there were any additions or corrections on the minutes from the February 22, 1999 meeting. There were no comments or corrections so Mayor Packard moved that the minutes be accepted as prepared. Mrs. Shields seconded the motion. All concurred and the minutes were accepted as prepared.

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

Carla Edwards said that the construction crew on Sheets Street was doing a very good job and they had been very courteous and helpful to the residents.

Mrs. Edwards commented that at the last meeting, Julie Johnson had asked if the Union fire department was allowed to use the new Englewood fire department training facility and was told that Union was allowed to use it. She said that she had talked to Bud Bergman a month earlier and he had told her that the Union fire department was not going to participate in using the facility. Chief Bergman said the City of Union was not going to participate in the "cost" of the facility, not that they couldn't use the facility. He said the facility is fully funded by Englewood. He stated that was the question he thought Mrs. Edwards had asked him.

Mr. O'Callaghan said apparently they need to amend the agenda because all the ordinances need to be passed as an emergency.

Mr. Applegate said that as he had mentioned several weeks ago, the city was working on creating the necessary legislation to go from bond anticipation notes renewed every year to the issuance of bonds for a seven year period. Many that were passed last year are coming due on March 26 so that is why they need to be done as an emergency. These were all existing notes that the city is paying off through the issuance of bonds. Mr. Applegate said that Ed Cavezza, from Peck, Shaffer, and Williams, Union's bond counsel, was present to answer any questions. Mr. Applegate said reasons to convert these are because the note rate and bond rate are the closest they have ever been, the low interest and payment schedule would be locked in for seven years, the council will not have to be passing notes each year, and legal fees for handling the notes will not have to be paid as frequently. If the rates go up in the next few years, the conversion to bonds will have saved the city a lot of money.

Mr. Cavezza said the state law has changed so the bonds can be bundled together, and that the city will save money by combining them into a bond instead of continuing with notes.
Mr. Moore suggested that they amend the agenda, items 3 through 9, declaring them an emergency for the reason set forth in the motion, which is because these become due on March 26. Each ordinance would still need to be voted on twice. Once to declare the ordinance an emergency and once to adopt the ordinance.

Mr. O'Callaghan moved that the agenda be amended to say that items 3 through 9 be emergency ordinances for the reasons set forth in the ordinances because the notes are due on March 26. Mayor Packard seconded the motion. All concurred and the agenda was amended.

3. ONE READING - ORDINANCE 1156 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF $124,100 SANITARY SEWER SYSTEM IMPROVEMENT BONDS FOR THE PURPOSE OF PAYING BOND ANTICIPATION NOTES ISSUES FOR THE PURPOSE OF IMPROVING THE CITY'S SANITARY SEWER SYSTEM BY REHABILITATING SEWER LINES. [Sixth Renewal] (waive three readings)

Mr. O'Callaghan moved that Ordinance 1156 be declared an emergency for the reasons set forth in the ordinance in the amended agenda. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. O'Callaghan then moved to have the one and only reading and adopt emergency ordinance 1156. Miss Gregg seconded the motion. All concurred and Ordinance 1156 was passed.

4. ONE READING - ORDINANCE 1157 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF $164,050 SHEETS STREET IMPROVEMENT BONDS FOR THE PURPOSE OF PAYING BOND ANTICIPATION NOTES ISSUED FOR THE PURPOSE OF PAYING A PORTION OF THE COST OF COMPLETING THE SHEETS STREET PROJECT INCLUDING STREET RECONSTRUCTION, CONSTRUCTION SIDEWALK IMPROVEMENTS AND STORM SEWER IMPROVEMENTS. (waive three readings)

Mr. O'Callaghan moved that Ordinance 1157 be declared an emergency for the reasons set forth in the ordinance in the amended agenda. Mrs. Shields seconded the motion. All concurred and the motion was passed.

Mr. O'Callaghan moved to have the one and only reading and adopt Ordinance 1157. Mrs. Shields seconded the motion. All concurred and the motion was passed.

5. ONE READING - ORDINANCE 1158 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF $141,100 ROAD IMPROVEMENT BONDS FOR THE PURPOSE OF PAYING BOND ANTICIPATION NOTES ISSUED FOR THE PURPOSE OF IMPROVING CERTAIN ROADS IN THE CITY. (waive three readings)

Mr. O'Callaghan moved that Ordinance 1158 be declared an emergency for the reasons set forth in the Ordinance in the amended agenda. Miss Gregg seconded the motion. All concurred and the motion was passed.

Mr. O'Callaghan then moved to have the one and only reading and adopt Ordinance 1158. Miss Gregg seconded the motion. All concurred and the motion was passed.

6. ONE READING - ORDINANCE 1159 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF $180,200 WATERLINE EXTENSION BONDS FOR THE PURPOSE OF PAYING BOND ANTICIPATION NOTES ISSUED FOR THE PURPOSE OF CONSTRUCTING A WATERLINE EXTENSION. (waive three readings) (Phillipsburg Road water line)

Mr. O'Callaghan moved that Ordinance 1159 be declared an emergency for the reasons set forth in the Ordinance in the amended agenda. Miss Gregg seconded the motion. All concurred and the motion was passed.

Mr. O'Callaghan then moved to have the one and only reading and adopt Ordinance 1159. Miss Gregg seconded the motion. All the councilmembers concurred and Ordinance 1159 was passed.

7. ONE READING - ORDINANCE 1160 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF $136,000 SANITARY SEWER IMPROVEMENT BONDS FOR THE PURPOSE OF PAYING BOND ANTICIPATION NOTES ISSUED FOR THE PURPOSE OF ACQUIRING NEW METERS, LAND AND EQUIPMENT AND CONSTRUCTING NEW SEWER FACILITIES IN THE CITY. (waive three readings)

Mr. O'Callaghan moved that Ordinance 1160 be declared an emergency for the reasons set forth in the ordinance in the amended agenda. Mrs. Shields seconded the motion. All concurred and the motion was passed.

Mr. O'Callaghan moved to have the one and only reading and adopt Ordinance 1160. Mrs. Shields seconded the motion. All concurred and the motion was passed.

8. ONE READING - ORDINANCE 1161 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF $61,200 SHAW ROAD STREET IMPROVEMENT BONDS FOR THE PURPOSE OF PAYING BOND ANTICIPATION NOTES ISSUED FOR THE PURPOSE OF PAYING THE CITY'S PORTION OF THE COST OF IMPROVING SHAW ROAD BY RESURFACING THE STREET AND INSTALLING CURB AND SIDEWALK IMPROVEMENTS. (waive three readings)

Mr. O'Callaghan moved that Ordinance 1161 be declared an emergency for the reasons set forth in the ordinance in the amended agenda. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. O'Callahan then moved to have the one and only reading and adopt Ordinance 1161. Mayor Packard seconded the motion. All concurred and the motion was passed.

9. ONE READING - ORDINANCE 1162 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF $43,350 MARTINDALE ROAD (PHASE II) STREET IMPROVEMENT BONDS FOR THE PURPOSE OF PAYING BOND ANTICIPATION NOTES ISSUES FOR THE PURPOSE OF PAYING THE COST OF RECONSTRUCTION OF MARTINDALE ROAD AND THE INSTALLATION OF CURB AND SIDEWALK IMPROVEMENTS. (waive three readings)

Mr. O'Callahan moved that Ordinance 1162 be declared an emergency for the reasons set forth in the ordinance in the amended agenda. Mrs. Shields seconded the motion. All concurred and the motion was passed.

Mr. O'Callaghan moved to have the one and only reading and adopt emergency Ordinance 1163. Mrs. Shields seconded the motion. All concurred and Ordinance 1162 was adopted.

Mayor Packard asked the citizens if there were any questions on the individual notes or questions on why they were converting the notes to bonds.

A resident asked about Montgomery Road being included, but Mr. Applegate said that was Community Development Grant funds.
10. Discussion and action on an agreement to vacate an alley on property located between Kocolene and Hine's Hardware. This agreement would be for future vacation.

Mr. Applegate introduced Mark Sexton, director of real estate for Kocolene. Hine's Hardware is moving out of the community. Kocolene, with their store called Fast Max, the old Country Mart, has a lease for fifteen years for that property. Kocolene is also purchasing the Hine's building and intend to build a new building there in the future. That is why they are requesting the alley be vacated.
The city had prepared an ordinance to vacate an alley but pulled it off the agenda. Mr. Applegate said with an ordinance to vacate an alley, the alley is split, divided between the owners on each side. It would go to Hine's and Mr. Garber. In looking at a way to help Kocolene with their desire to purchase Hine's Hardware, the city asked Kocolene for a map and plans for the future. Mr. Applegate said they need some kind of an agreement where the city is willing to vacate the alley when Kocolene is ready to build their new storm.
Mr. Sexton said that the agreement to vacate the alley would give Kocolene the opportunity to build in the future. He said the question has come up, what would happen if they don't build. The way the agreement would be structured, if Kocolene does not build the vacation of the alley would not be done. Mr. Sexton said he felt this agreement that the city was working on would be better than simply vacating the alley.
The city would not vacate the alley now, but at some point in the future, the alley would be vacated. Kocolene is leasing from Mr. Garber and would be buying the Hine's property. If Kocolene would become the owner of both properties and build a new store, the alley, which runs down the center of both properties, would be vacated.
Mr. Applegate said that with the State Route 48 project, they have also worked out a better entrance design for Fast Max.

Mayor Packard moved to authorize the city manager and law director to develop an agreement on vacating the alley if necessary and authorized the city manager to sign it. Miss Gregg seconded the motion. All concurred and the motion was passed.

Mr. Applegate said he would provide the council with a finished copy of the agreement.

11. Open Agenda

Mayor Packard thanked Mrs. Edwards for her comments on Sheets Street. He said he also felt that the contractors were doing a good job.

Mr. O'Callaghan asked if there were plans for more businesses to come in on Main Street. Mr. Applegate said that part of the problem was the State Route 48 project. He said he has been contacted by real estate agents and the project is scaring people away - because they know that it will be a mess. Mr. Applegate said he felt that was part of the problem.

Miss Gregg said that the meeting for the Relay for Life will be on March 16 and she will have sign up sheets. Mayor Packard and Mr. and Mrs. Shields have signed up to participate.
Mrs. Terry said the trucks are going down her street again. Mr. Applegate said they had to swing down Rupel because they couldn't get through the other way. Mr. Applegate said he had checked after she called and the contractor now has it worked out so it's not necessary to go down her road.

Mrs. Terry said Carla Edwards had called about how the city would get the snow plows through. Mr. Applegate said they would get the street plowed.

Mr. Applegate said Englewood's annual water survey was out and they had provided copies to council and the information would be in a city newsletter.
For water rates, they are 16th lowest, on the sewer, Union is 28th lowest and in the combined, they are 19th lowest out of 63 communities. Mr. Applegate said Union has excellent water and sewer rates.

Mr. Applegate said last year was the last of the five year lease for the well field and wastewater treatment plant area that has been farmed. As part of the well field protection plan, and in talking with the Ohio EPA, they do not want the city to continue farming the land. The city has looked into better ways of managing the ground. Mr. Applegate has worked with the Division of Wildlife, the Ohio Department of Natural Resources and also with Department of Agriculture concerning a conservation resource plan. The area that is 67 acres, east of Martindale, will be planted in one hundred percent prairie grass which will provide excellent cover and habitat for wildlife. Another area of 24 acres could be put in prairie grass, and with another twelve acres of prairie forage which Mr. Applegate indicated on a map. The grass would need to be cut once a year. They have looked at some other communities that have ground that has been managed that way. Some of the land would be planted in hay and alfalfa. Union is hoping to save money and they will received a small amount of money for doing this from the Ohio Department of Agricultural. It will satisfy the Ohio EPA, help maintain mowing costs, and will satisfy the city's well protection plan. Mr. Applegate said he thought the appearance would be very nice and would attract wildlife to the area.
Mr. Applegate asked for a motion to allow the City Manager to sign the agreements with the Ohio Department of Natural Resources, Division of Wildlife and the Department of Agriculture.
The city will take the property back over but will be assisted and advised by the Department of Agricultural and Division of Wildlife.

Mayor Packard moved that the City Manager work out an agreement with the Ohio Department of Natural Resources, Division of Wildlife and the Department of Agriculture for management of the farm land. Miss Gregg seconded the motion. The motion was passed unanimously by council.

Mr. Applegate said they did receive an Issue II grant for the culvert replacement on Phillipsburg-Union Road for $41,000.00 and the funding will start July 1, 1999.

Chief Gessner said they had a couple of kids in the "job shadow" program, riding with officers last week.

Also from Chief Gessner, Number 6 on the Ohio Attorney General's consumer myths, "Giving out your credit card number is alright as long as you don't authorize the charge." Chief Gessner said that giving out a charge card number is like handing someone the keys to your safe. Con artists that get the number can run up unauthorized charges. On the other hand, giving credit cards to established businesses, placing catalogue orders and making motel reservations can protect you since credit card companies have procedures to follow if you have problems with services or products.

Chief Bergman said they have two new volunteer fire personnel to be sworn in on Wednesday evening.

12. Mr. O'Callaghan moved that the meeting be adjourned. Mrs. Shields seconded the motion. All concurred and the council meeting was adjourned.

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council

___________________________
Lawrence Beyer, Vice-mayor

Back to top of page.

 

March 22, 1999

The March 22, 1999 City of Union council meeting was called to order by Mayor Robert Packard. Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Bruns, Miss Gregg, Mayor Packard, Mrs. Shields, and Mr. O'Callaghan. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard moved that Mr. Beyer's absence be excused since he was out of town on business. Mrs. Shields seconded the motion. All concurred and his absence was excused.

A moment of silence was held.

1. Mayor Packard asked if there were any questions or comments on the minutes from the March 8, 1999 council meeting. There were no comments so Mayor Packard moved that the minutes be accepted as prepared. Miss Gregg seconded the motion. Mr. Bruns abstained, the other councilmembers voted for the motion and the minutes were accepted as prepared.

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

Carla Edwards thanked the Englewood Independent on the article on the Union Fire Department. She also thanked the men and women that serve on the fire department.

She said she did not understand why Mrs. Terry was the only one that publicly expressed concern about the lack of recognition for the fire department. She said that Chief Bergman was being quoted saying something wonderful about the Englewood fire department but not mentioning Union. She asked why Union couldn't have their own fire chief.
Mrs. Edwards commented that both John Parrish and Bill Maxwell were highly trained and have many years of experience. She thought that either one or both firemen could share the position for fire chief.

Concerning the recent City of Union newsletter, she said she had talked to Mr. Bergman and was told that their "lawsuit" was what kept the fire department issue going. She said the fire department issue had been dead for a year and a half.
Mrs. Edwards said she opposed the formation of an independent fire department because she thought it would be financial suicide, because she saw and read documents from independent attorneys that the law prohibited Union from getting their assets and because she thought that the fire department was and still is being used as a pawn. She said that the fire department issue was not about the fire department at all but about politics, power, greed, land and water.

Union resident Ron Kidwell accused Chief Bergman of trashing citizens in the City of Union. Chief Berman read the portion of the newsletter that was upsetting to some people. "The department is doing a great job - its success puts to rest the misinformation that had been spread by a small group of Union residents who opposed our independent department".

Mr. Kidwell kept inquiring about names being removed from petitions and the outcome of an earlier lawsuit. He said he thought Chief Bergman should go back to Englewood. He asked Chief Bergman to leave the meeting. Mayor Packard said Chief Bergman was the Union Fire Chief and he was welcome to attend any of the meetings.

Mayor Packard said Chief Bergman was doing a good job and that the firemen were happy with their department.

Mrs. Terry said she had been a member of the small group referred to and found the comment in poor taste. She also said she found the comment offensive.

Mr. Applegate said he did not find the comment offensive. He said that there was misinformation passed out, and that the council made a decision for a separate fire department, backed by the residents and that had proved to be the right decision. Mr. Applegate said no one had ever stood up and publicly apologized for the misinformation or admitted that Union had made a good decision. He said that Mrs. Terry had admitted to him privately that she had been misled and misinformed by township officials. Mrs. Terry agreed and said that the information she had received had been documented but it was still incorrect. She stated that she felt that since her side had lost during the vote, that she was now in full support of the existing fire department and that the subject should not have been brought up again by city hall. Mr. Applegate asked her if she didn't think that the citizens would want to know that the decision made by the council was right. Mrs. Terry said that she thought the citizens should already know they made the correct decision because of how successful the independent Union fire department is.

Mrs. Edwards asked why the group of citizens was brought up again in the newsletter. Mr. Moore, the Law Director said if Mrs. Edwards was not a member of the "group" being referred to, she should not be concerned since it did not apply to her. When Mrs. Edwards became upset, Mr. Moore said he had sat in meetings and heard Mrs. Edwards and others call the city manager and council names and since they were public officials, they had to cope with it. He said he would not advise the council to discuss matters in a public forum where residents could personally attack the fire chief and councilmembers. He added that there was a lawsuit pending and he and the council and staff would not get into a debate with residents over a pending law suit.

Mr. Applegate, in response to a comment from Mrs. Edwards, said he had not contacted the Englewood Independent about the fire department because Mrs. Terry had told him that she was going to personally call the newspaper and ask for coverage on the Union fire department. Mr. Applegate said that is why he did not contact the newspaper himself.

Maureen Grey from the LaSertoma Ladies Club, informed the council that they wanted to hold another pool party at the Union pool this year.

She also thanked Mayor Packard for attending and participating in the ceremony for Emily Sue Potts, recipient of their Youth Service Award.

3. ONE READING - RESOLUTION 99-02 - A RESOLUTION PROCLAIMING MARCH 29TH TO APRIL 4TH, 1999 AS "COMMUNITY DEVELOPMENT WEEK" IN THE CITY OF UNION, OHIO AND CALLING UPON ALL CITIZENS OF UNION TO PARTICIPATE IN ACTIVITIES CELEBRATING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.

Mr. Applegate said this was an annual resolution proclaiming March 29 to April 4 as Community Development Week. He said the city has participated in the program since it started and received funding for sidewalks, the playground equipment on Martindale, etc. The program has done a lot for the City of Union and Mr. Applegate recommended endorsement of Community Development Week.
Mr. Bruns moved to pass Resolution 99-02. Mr. O'Callaghan seconded the motion. All concurred and the resolution was passed.

4. Open Agenda

Mayor Packard invited citizens to keep attending the meetings and expressing their opinions, whether they were for or against the city. He asked that everyone keep calm when addressing their complaints and comments. He said they would work to arrive at a solution.

The Mayor announced that on Saturday, March 27, at 11:00 at Union Elementary School, they will have an Easter Egg Hunt. Mayor Packard invited everyone to come.

Mayor Packard suggested they reappoint Tim Ryerson to a four year term on the park board.

Mr. O'Callaghan moved to reappoint Tim Ryerson for a four year term to the Park Board. Miss Gregg seconded the motion. All concurred and the motion was passed.

Mayor Packard them moved to reappoint Martha Robinson to the Personnel Advisory Committee for another three year term. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mr. O'Callaghan also invited everyone to the Easter Egg Hunt. He said he wanted to reiterate what Mr. Moore had stated, that if the council was keeping silent, it did not mean that the council totally agreed with what is said in the room. He said he did not agree with what has been said that evening. Mr. O'Callaghan said he did not find the statement in the newsletter offensive, he agreed with it. He also commented that he thought that Bud Bergman had done a fantastic job as Chief of the Union fire department.

Mrs. Shields said she felt that everything was fine with the fire department.
She asked when the relining would be done on West Martindale. Mr. Applegate said they had the materials and that once the weather improves, they would get it done.

Miss Gregg said she had the information for the Relay for Life. She said that they now have eight walkers and they need seven more. She invited people to show their community spirit and participate.

Mr. Bruns complimented the city for their new web site. He said it was well put together and he hoped that people would visit it.
He said that he wanted to give his personal vote of confidence to Chief Bergman for the first year. He said the job he had done during a very trying year, was exemplary.

Mrs. Terry said she didn't feel that anyone was saying that Chief Bergman was not doing a good job. She commented that Englewood was bigger and Union seemed to get slighted.
She said she was glad that Mr. Ryerson and Mrs. Robinson would be keeping their appointed positions with the city.

Mr. Applegate said that they have received some "E-Mail already from the new web site and some good comments about it.
Curbs are now down on Sheets Street up to Rupel Road and they are starting on the sidewalks. Mr. Applegate said the last of the excavation is taking place so the phase with all the trucks should be almost over. The project is progressing nicely.

Chief Gessner said things have been going well in town - a few minor incidents and family disturbances but nothing unusual.
Chief Gessner had another item from the Attorney General's top ten list of myths. Number 7 myth is that you have a better chance of winning a Publisher's Sweepstakes if you purchase a magazine. Chief Gessner said that the fact is that it is illegal for sweepstakes promotions to require any type of purchase or payment. Entrants that do not buy magazines must be given the same chance as those that did buy magazines. The odds in winning a national sweepstakes could be as high as one in 200 billion. He added, "The only thing that you are sure of is to receive more junk mail."

Chief Bergman said he was sorry if he had offended anyone with what he said but that he stood behind his comment - he said he felt it was pertinent to last year's report and it had a lot of bearing in his job the last year or two. He said his job is not as easy as people think. Chief Bergman said he had ninety employees that work for him. He said both departments have different needs and different ways of doing things. He said that they want it that way, that both departments are unique.
The Chief said they have tried to work with other departments. He said the other day, they had the Assistant Fire Chief of the Clayton Fire Department taking the CPR course they offer. Mr. Bergman said that they wouldn't do that if they weren't trying to get along with other governments.
5. Mrs. Shields moved that the 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

Back to top of page.