Union City Council Meeting Minutes
Second Quarter 2006
 
April 10, 2006, Meeting Minutes
April 24, 2006, Meeting Minutes
May 8, 2006, Meeting Minutes
May 22, 2006, Meeting Minutes
June 12, 2006, Meeting Minutes
June 26, 2006, Meeting Minutes

April 10, 2006

Mayor Packard called the April 10, 2006, City of Union council meeting to order. The council meeting was held on Monday at 7:30 p.m.

Attendance was taken and the following council members were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mrs. Goudy, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

Mayor Packard said that Mr. O'Callaghan had mentioned to Mrs. Winemiller at the last meeting that he would be out of town on vacation so Mayor Packard moved that Mr. O'Callaghan's absence be excused. Mr. Beyer seconded the motion. Mr. Bruns voted against the motion, the other council members voted for the motion and Mr. O'Callaghan's absence was excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any comments or corrections from the minutes from the March 27, 2006 council meeting. There were no comments so Mr. Bruns moved that the council minutes be accepted as prepared. Mayor Packard seconded the motion. All concurred and the motion was passed. The council minutes were approved.

2. Mayor Packard acknowledged the citizens and visitors in the audience that wanted to address the council.

Electa Calas said she wanted to speak about the dogs at 310 Lutz Drive. She told the council about the dogs jumping up against the fence and that she was afraid of them.

Wanda Thornton said she wanted to complain about two cats that were killing birds and were a threat to her small dog.

She said she knew about the live animal traps that were available from the city but she needed help with the traps. Mr. Applegate said he could check with the police chief.

Mayor Packard commented that there were no county regulations to license cats.

Mr. Bruns asked if a citation or warning could be issued to the owner of the cats. Mr. Applegate said Mrs. Thornton may need to sign a complaint and Mrs. Thornton said she would be willing to do that.

Resident Bruce Hamlin from Lutz Drive said he and Detective Watern have been working on a dog problem at 310 Lutz for the last week and he did have video tape of the dogs. Vicky Hamlin said she had a dog that was kept in a kennel and when she went out into her yard two huge dogs were out at 310 Lutz Drive and rushed at her. The dogs were biting and pushing at the fence. Mrs. Hamlin reported that the owner of the dog said they were not aggressive.

Mr. Beyer suggested that they come back in two weeks for the next council meeting since the council had an ordinance pertaining to vicious dogs which would be read again. Mrs. Hamlin also said that there were more than two dogs in the neighbor's yard which is against Union's regulations.

Mayor Packard invited Mr. Hamlin back to the next meeting.

Mr. Hamlin said after talking to the neighbor about the dogs, he called the property owner who said he was trying to evict the tenants. Mr. Hamlin offered to split the cost of a new fence with the property owner. He said the property owner did not agree. Mr. Hamlin said part of the fence is broken.

Mr. Applegate said the people have been cited and have cleaned up part of the trash. The city has filed court

charges against the number of dogs, a complaint has been signed by the Hamlins, and they are pressing charges so everything is in motion. Mr. Moore is in possession of a tape that shows that there are more than three dogs. Mr. Hamlin says that his new tape shows the dogs charging at the fence. Mr. Beyer invited him to come back in two weeks. Mr. Bruns said he did not know if the council would need to see the tape.

Mr. Hamlin asked how soon a new ordinance would go into effect. The ordinance would go through three readings and if passed, it would be in effect after thirty days.

Mr. Moore said that the city has filed charges against both the land owner and the tenant on the number of dogs. There is a dispute between the land lord and the tenant which is public record and that will go to trial on April 18 and there will be an arraignment on April 20. Mr. Moore said he is monitoring this.

The city already has a vicious dog ordinance in effect right now. The new ordinance will provide the city more ability in this situation. In answer to Mr. Hamlin's question if he was allowed to protect his property, Mr. Moore said a person had a right to protect himself but he should be very cautious when he exercises that advice. He said he would not advise him on whether or not he could do something.

Vicki Hamlin said the owner stated she had a breeder's license.

Mr. Beyer said that the City of Union has nothing on the books about a breeder's license or any requirements for dog breeders.

Mr. Moore said whether she had a breeder's license or not, he read the portion of the code that says three or more dogs are not allowed.

Mr. Moore said there is a hearing in civil court on April 18. Mr. Hamlin asked if he should get a permit and put up a fence. Mr. Applegate said he could.

Mr. Applegate said they had reviewed the regulations in the Ohio Revised Code and regulations for other cities and the ordinance on the agenda for was adding more restrictions to the existing ordinance.

Mr. Applegate said they would look at his situation and see if they could offer any other help. He said the situation would be resolved as soon as possible.

3. FIRST READING - ORDINANCE 1388 - AN ORDINANCE AMENDING THE CURRENT DEFINITION AND PROHIBITION OF VICIOUS DOGS AND ESTABLISHING THE DEFINITION AND REQUIREMENTS FOR VICIOUS DOGS IN THE CITY OF UNION, OHIO. (three readings)

Mr. Beyer asked what were the changes in this ordinance.

Mr. Applegate said Mr. Hissong had brought up concerns several weeks ago on pit bulls and the city had started looking at regulations from other communities and the Ohio Revised Code. The changes are the results of the research that was done. Anything that has been added has been underlined and anything omitted is crossed out on the ordinance. Mr. Applegate said there were a number of additions to tighten up the existing ordinance.

Mr. Beyer said the ordinance listed types of dogs and included "bull terrier". Mr. Beyer said he looked up "bull terrier" on the Internet and it was classified as a non-vicious breed. He said there were also Boston bull terriers, Bull Mastiffs, etc. and he said he thought the ordinance was a little broad in the definition of the types of dogs. Mr. Beyer said they were defining all of these dogs as vicious dogs.

Mr. Hissong said he thought that this ordinance was a good starting point.

Mr. Bruns asked if they needed to specifically identify the breed. He said people know what vicious dogs are.

Mr. Applegate said the Ohio Revised Code does list specific dogs. Mr. Applegate said Union was one of the first communities to have a vicious dog ordinance. Mr. Applegate said there had been a complaint brought to his attention about pit bulls. Mr. Applegate said Mr. Bruns was right, that any dog could become vicious. Mr. Applegate added that in the existing regulations, if a dog is vicious, it would need to be removed from town. In this ordinance, there are certain conditions specified and if those are done, the dog could be kept. Mr. Applegate said they could re-look at the ordinance and delete some of the different breed names but people will claim that their dogs are not the "pit bull" breed.

Mr. Applegate said that is why the city always used the term "vicious dogs" but a specific breed is now listed in the Ohio Revised Code.

Mr. Moore read a portion of the Ohio Revised Code to the council. Part of the code stated, "belongs to a breed that is commonly known as a pit bull dog". Mr. Bruns said he would agree to that wording. He said to keep all of the other information in the ordinance but just omit the breed specifications, other than pit bull.

Mr. Applegate said the ordinance is trying to catch any of the dogs that have a element of this certain type of dog. Mr. Applegate said the council can determine if they want to use the Ohio Revised Code wording or whatever they choose.

Mr. Bruns asked Mr. Moore if they could have the first reading of Ordinance 1388 as is, and then at the next meeting, change the definition or would they need to start over. Mr. Moore said it would be a major change to the ordinance and they would need to start over.

Mayor Packard moved to have the first reading of Ordinance 1388. Mr. Hissong seconded the motion. Mr. Bruns and Mr. Beyer voted against the motion and Mrs. Terry, Mayor Packard, Mr. Hissong, and Mrs. Goudy voted for the motion. The motion passed.

Mrs. Terry asked why they were going through three readings. Mr. Applegate said the ordinance was not presented with the necessary language to be handled as an emergency and that he did not know what the council would think of the ordinance. Mr. Applegate said at the next meeting they could consider passing the ordinance as an emergency.

Mr. Moore read a portion of the code about passing the ordinance as an emergency if the ordinance was rewritten for the next meeting. It would require five votes and they currently had only four votes for the ordinance.

Mr. Applegate said at the next meeting, they could list the ordinance on the agenda as two different ordinances. There could be a second ordinance as an emergency. Mr. Bruns made a motion to direct the city manager to prepare two separate ordinances for council's consideration at the next meeting. Mr. Beyer seconded the motion. All concurred and the motion was passed.

4. Open Agenda

Mayor Packard said the spring Easter Egg hunt was very successful. He said the weather was good and there were more children than had attended before.

Mayor Packard also thanked the police and firemen for their assistance.

A resident wanted to talk about a way to make money for the city during the Toll Road Festival. Mayor Packard invited him to a park board meeting.

Mr. Beyer asked what was going on at Phillipsburg-Union Road and State Route 48. Mr. Applegate said Vectren had installed a gas line and they were doing restoration.

Mrs. Terry praised the police officers for their assistance at the Easter Egg hunt and thanked Mrs. Winemiller and the park board for their help in having the event.

Mr. Bruns said he wanted to explain his vote on not to excuse Mr. O'Callaghan from the council meeting. He said that some members had been in the hospital or had family problems and he thought council was not being even handed about excusing members. He said he felt it would be better to not excuse anyone from the council meetings. He said there were lots of good reasons why people would miss a meeting. He asked that if he missed a meeting in the future, that he not be excused by the council. He said that was the way he felt about it. He asked that the council not excuse anyone from missing a meeting.

Mrs. Terry expressed her disagreement with his decision.

Mr. Bruns said he thought this would be an even handed way to handle the situation.

Mr. Applegate said they had put information in the packets about a constitutional amendment called Tax and Expenditure Limitations Amendment or "TEL". He asked the council members to read the information because this will affect local government. He said he had picked up a CD and wanted to show information concerning this at the next meeting.

It will limit the amount of money that the city can spend.

Mr. Applegate said this will have a far reaching effect.

Mr. Moore said that some court dates had been provided to the audience. Mr. Moore said that for the zoning cases, notices are sent out by certified mail. If they do not receive the notice, they don't know to come to court so the court has to go through another process.

The case on 310 Lutz held on April 18 involves an eviction and rental escrow. One action is filed because the rent is not being paid, and the rental escrow was filed because the tenant said the land lord is not fixing up the place so that is why they are not paying the rent.

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

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council


_________________________
Lawrence Beyer, Vice-mayor

Back to top of page.

 

April 24, 2006

Mayor Packard called the April 24, 2006 City of Union council meeting to order. The council met on Monday evening, at 7:30 p.m.

Attendance was taken and the following council members were present at the meeting: 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, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

Mayor Packard called for a moment of silence.

Mayor Packard moved that the council agenda be amended with item # 6 , Resolution 06-02, added. Mr. Beyer seconded the motion. All concurred and the agenda was amended.

1. Mayor Packard asked if there were any additions or corrections to the minutes of the April 10, 2006 council meeting. There were no corrections so Mr. Bruns moved that the minutes be accepted as prepared. Mr. Hissong seconded the motion. Mr. O'Callaghan abstained and the other council members voted in favor of the motion. The minutes of April 10, 2006 were approved.

2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience. Mr. Jack Anderson said he had some questions about the vicious dog ordinances but he wanted to hear more about the ordinances before asking his questions.

3. SECOND READING - ORDINANCE 1388 - AN ORDINANCE AMENDING

THE CURRENT DEFINITION AND PROHIBITION OF VICIOUS DOGS AND ESTABLISHING THE DEFINITION AND REQUIREMENTS FOR VICIOUS DOGS IN THE CITY OF UNION, OHIO. (three readings)

Mayor Packard asked if there was a motion from the council to have the second reading of Ordinance 1388. There was no motion so no further action would be taken on Ordinance 1388.

4. ONE READING - ORDINANCE 1389 - AN ORDINANCE AMENDING THE CURRENT DEFINITION AND PROHIBITION OF VICIOUS DOGS AND ESTABLISHING THE DEFINITION AND REQUIREMENTS FOR VICIOUS DOGS IN THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY.

Mr. Applegate said this was an ordinance that council wanted brought forward from the last meeting. Since then, there has been some other action on this topic and Mr. Applegate asked Mr. Moore for his comments.

Mr. Moore said since this vicious dog ordinance had been discussed at the last meeting, there was a case decided on March 3, 2006 and recently published from the 6th District Court of Appeals which is located in the Toledo area. Mr. Moore said the case was on whether or not you could isolate and declare pit bulls as a vicious animal. The 6th District Court of Appeals declared that you could not isolate the pit bull breed. Mr. Moore read from the decision where there was testimony about the character of pit bulls from the animal shelter. There was a thirteen page opinion concerning that and the ordinance specifically mentioning pit bulls was declared unconstitutional. Mr. Moore said even though Union was located in the 2nd district court, with this decision already established, he said he would not recommend the passage of Union's ordinance with pit bulls

specified within the ordinance. Mr. Moore said the ordinance concerning vicious dogs allowed for evidence to be presented to show a dog to be vicious.

Mr. Anderson asked if other cities specified pit bulls.

Mr. Moore said he knew of one other city.

Terri Jones asked if anyone had been in a confrontation with a pit bull. She had and talked about the experience.

She said she pressed charges and the person went to court and only had to pay a $100.00 fine.

Mr. Beyer asked if the dog attacked another dog, if it would be declared a vicious dog. Mr. Bruns said the ordinance allowed that any dog running loose could be declared a vicious dog.

Mr. Moore read that portion of the ordinance about a dog running loose and biting another person or dog.

There was additional discussion about specific dog problems in town. Mr. Applegate said in the past, the city has had more bites reported from dogs like German Shepherds and Rottweilers.

Mr. Applegate said he would have to check the details of Ms. Jones' actual case to see if the dog was cited for "running at large" or as a vicious dog. He also mentioned that residents would have to sign a complaint.

Mr. Bruns read the "penalty" section that was new in the proposed ordinance. Mrs. Terry was concerned about the dog running around. Mr. Applegate asked that Ms. Jones be vigilant and if she saw the dog running loose to call the police and be willing to sign a complaint.

There was also a discussion about two dog owners living in the same house, having two dogs each. Mr. Applegate said the limit of two dogs was per premises, not per person.

Mr. Bruns moved that Ordinance 1389 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 1389. Mr. Hissong seconded the motion. All concurred and the motion was passed.

5. ONE READING - ORDINANCE 1390-AN ORDINANCE PROHIBITING THE PERPETUAL TETHERING OF ANIMALS AND COMPANION ANIMALS IN THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY.

Mr. Moore said that there was a word processing error of language that should not be in there. He said on page 3, section D, there should be a correction. Since there had not been a first reading yet, this ordinance could be corrected. Mr. Moore said that the wording "having been spayed or neutered" should be removed.

Mr. Applegate also distributed a letter from the Montgomery County Animal Resource Center concerning tethering animals. He said this ordinance was at their request. This ordinance has more specific information and limitations than what is contained in the existing Union regulations.

Mr. Bruns moved that Ordinance 1390 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 of Ordinance 1390. Mr. O'Callaghan seconded the motion. All concurred and emergency Ordinance 1390 was passed.

6. ONE READING - RESOLUTION 06-02 - A RESOLUTION

AUTHORIZING THE CITY MANAGER TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FY 2006 AND TO EXECUTE CONTRACTS AS REQUIRED.

Mr. Applegate said there is potential grant funds available and the city will apply for $71,000 to purchase a house on the north east corner of State Route 48 and Old Springfield Road. The city has already done a lot of work on that intersection and they have improved visibility. If the city does not receive the grant, they will not be able to purchase the house. The house has been vacant for a long time and would be torn down.

Mr. Bruns moved to have the one and only reading of Resolution 06-02. Mr. O'Callaghan seconded the motion. All concurred and Resolution 06-02 was passed.

7. Open Agenda

Mayor Packard said the property located on Montgomery Street next to the fire house has been purchased which will enable the expansion of the fire house.

Mr. O'Callaghan asked people to submit nominations for the Spirit of Union award for residents that are making improvements on their property.

Mr. Hissong asked if the city could put decorative lights up on Martindale Road. Mr. Applegate said it would take additional funds. Mr. Hissong asked if they could get a grant and Mr. Applegate said it was a local street, not a state route, and grant funding is not available.

Mrs. Terry said that her street (Merrymaid) needs to be paved. Mrs. Terry asked about homes that were abandoned. Mr. Applegate said they would go through a process to locate the owner but the city could not go into the property to fix it up but they would keep it secure and have the grass mowed.

Mr. Applegate told Ms. Jones that he had made the city employees aware of her dog situation. If city employees see the dog loose, they are to report it to the police department.

Mr. Applegate said the new water and sewer rate study was out and a copy provided to the council. He said in the combined water and sewer rate, the city is fifth lowest out of sixty-four jurisdictions.

Mr. O'Callaghan asked if the city could provide information on the street levy which will be on the ballot in May. Mrs. Winemiller said they have a newsletter coming out with information concerning that.

Mr. Moore said the city had a case pending on the number of dogs and there was another case pending that was a civil case and the city was not involved. Mr. Moore said there had been a hearing and there was a motion made by the tenant's lawyer to dismiss the case to have another name added. Mr. Moore said he was watching the proceedings to see if it would impact the city's case.

Mayor Packard thanked everyone for attending the meeting.

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

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council


_________________________
Lawrence Beyer, Vice-mayor

Back to top of page.

 

May 8, 2006

The City of Union council meeting was called to order on May 8, 2006. The council met on Monday evening at 7:30 p.m.

Mr. Beyer, the Vice Mayor, presided over the meeting due to the absence of Mayor Packard.

Mr. Beyer said he had a couple of announcements. He explained that anyone that wanted to speak at the public hearing would need to sign in and fill out a form. Anyone that wanted to speak during the regular portion of the meeting would also need to fill out a form.

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

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

Mr. Beyer said that Mayor Packard and Mr. Hissong were both ill. He said Mayor Packard was in the hospital.

Mr. Beyer moved that Mayor Packard's absence be excused.

Mr. O'Callaghan seconded the motion. Mr. Bruns voted against the motion and the other council members voted in favor of the motion. Mayor Packard's absence was excused.

Mr. Beyer then moved that Mr. Hissong be excused. There was no second to the motion so Mr. Hissong's absence was not excused.

Mr. Beyer called for a moment of silence.

1. Mr. Beyer asked if there were any additions or corrections to the minutes of the April 24, 2006 council meeting. There were no corrections so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. All concurred and the minutes of the April 24, 2006 council meeting were accepted as prepared.

2. Citizens' and visitors' comments.

There were no comments or questions from the visitors and citizens in the audience that did not pertain to the zoning change request.

Mr. Beyer closed the first portion of the meeting and opened the public hearing.

3. Public hearing on the re-zoning of 846 North Main Street from Agricultural-Residential (A-R) to Residential-3, (R-3).

Mr. Beyer asked that anyone wanting to speak during the public hearing stand and be sworn in. Mr. Beyer then administered the swearing in.

Mr. Applegate said the city had met the legal requirements as dictated by Union's code and the Ohio Revised Code. A legal ad was placed and the contiguous property owners were notified. Mr. Applegate showed the site plan that was displayed. He said several people involved with Five Rivers Reserve Subdivision, such as engineers and architects were attending the meeting and available to answer any questions. Mr. Applegate said the staff has reviewed the application and the proposed development complies with the comprehensive land use plan and what the city would like to see for that area.

Mr. Applegate said he had talked to Brad West, residing at 850 North Main and invited him to attend the meeting.

Mr. John Brumbaugh, the engineer said he was representing David Allen. Mr. Brumbaugh said he had prepared the site plan. He said that there were seven lots planned for the three acre tract. There is a common area with a retention pond, and he said they will make sure there is no increased run off. Mr. Brumbaugh asked if anyone had any questions.

Mr. O'Callaghan asked if these would be single family homes. Mr. Brumbaugh said yes. Mr. Applegate said that the size would be sixteen hundred square feet, all brick exterior, with two car garages. Mr. Applegate said the homes would meet all the requirements of the city.

Mr. Beyer called upon each of the people that had completed a form and asked if they had any questions. Jim Bauman said he was involved in the design of the units. He said they were sixteen hundred square feet ranch homes with two bedrooms and a three bedroom option. The development would have nice landscaping for a closed community with a center hub with a walk way. The development is designed for empty nesters but there are no restrictions on ages. He said he was available to answer any questions.

Mr. Bruns asked who would maintain the street. Mr. Applegate said there would be a homeowner's association and they would maintain the street. Mr. Applegate showed where Main Street was and how the street circled and then exited back on Main Street.

Mr. O'Callaghan asked about the drainage. Mr. Applegate said that ninety percent of the drainage travels north.

With the detention pond, they will redirect it to the storm pipe to the south.

Mr. O'Callaghan asked if it would be a problem getting out on State Route 48. Mr. Applegate said Richard Oaks, Traffic Engineer had looked at the design and said there would not be a problem.

Mr. Beyer recognized Mr. Brad West. Mr. West said he owned the property next to the development and had lived there for ten years. He said he did not object to the development but he wanted to make sure that the development would not object to him.

He said there were three houses on the north end and there was a gas pipe line running parallel to the property line so he said he would not be able to plant any kind of vegetative screen other than what is already there. He said that what he has now is over grown honeysuckle, grass and trees. He said he would like to maintain it that way. He says he has been planting seedlings and working to turn the property into a private nature reserve. He wanted to make sure the residents realize that the housing development is joining rural agricultural property. He said part of the lot was pasture that he mowed once a year. He said he had no problems with the development and that it was nicely laid out.

Mr. Beyer clarified that the nature reserve Mr. West planned was not on the development's property. Mr. West said it was not. Mr. West said he did not want the new homeowners claiming that his property was lowering their property values. Mr. Applegate said that if someone complained, since Mr. West was residing in an Agricultural-Residential area, the city would look at it a little differently. Mr. Applegate said as long as Mr. West maintained the property the way he had been, he did not think there would be a problem.

Mr. Beyer recognized Kirk Schlecty who was representing Five Rivers Christian Fellowship and David Allen. He said the property used to belong to Mrs. Allen and when she died, her son David Allen donated the property to the church. They had the idea to do something very productive with the property and they thought this design would also be productive for the city and that the people would enjoy living in the area.

Mr. Applegate said that in meeting with Dave Allen, he thought the development would blend with the existing property uses and be attractive coming into the city. He thought the development satisfied all of those requirements.

There were no other comments so Mr. Beyer closed the public hearing portion of the meeting and returned to the agenda of the council meeting.

4. ONE READING - ORDINANCE 1387 - 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 AND DECLARING AN EMERGENCY.

Mr. Applegate said the staff recommended the change in the zoning district and asked that they pass the ordinance as an emergency so the developer could get started immediately.

Mr. Bruns moved that Ordinance 1387 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 moved that they have the one and only reading and adopt emergency Ordinance 1387. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

5. ONE READING - ORDINANCE 1391 - AN ORDINANCE AUTHORIZING THE PURCHASE OF 3.064 ACRES FROM ELEANOR STARLINE AND DECLARING AN EMERGENCY.

Mr. Applegate said the city was getting an Issue II grant for the replacement of the existing lift station that services Concord Farms West, Lindeman Commons, and Mill Ridge Village. The lift station is over thirty years old and needs to be replaced. The money will become available the first of July in this year and the city hopes to start the project in the fall after the crops come off the field. This is one of two purchases that the city will be making allowing the city to install the gravity sewer from the existing lift station to the intersection of Phillipsburg-Union Road and Rinehart Road.

Mr. Bruns moved that Ordinance 1391 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 that they have the one and only reading and adopt emergency Ordinance 1391. Mr. O'Callaghan seconded the motion. All concurred and emergency Ordinance 1391 was adopted.

6. Open Agenda

Mr. O'Callaghan thanked the citizens of Union for passing the street renewal levy which will allow the city to continue maintaining the streets.

Mr. O'Callaghan asked if Mr. Applegate had read the article in the Neighborhood Section of the Dayton Daily News concerning the vicious dog ordinance. Mr. O'Callaghan said he thought there were some discrepancies. Several of the council members suggested they contact the reporter and have the information corrected.

Mrs. Terry said she thought the new development would be a great addition to the community and she was looking forward to it.

Mr. Bruns said he wanted to explain his "no" vote on excusing the mayor. He said as he has stated before, he has not excused other people before for valid reasons and the Mayor's absence was a valid reason. He said he was not excusing anyone for anything and was being consistent.

Mrs. Winemiller said that Mrs. Hissong had called on Jerry Hissong's behalf and indicated that he was ill and could not be present.

Mr. Beyer said that they had some countervailing information and that is why the vote did not take place.

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.

 

May 22, 2006

The council meeting was called to order by Mayor Packard on Monday, 7:30 p.m. on May 22, 2006.

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

Mrs. Terry arrived after the roll call and was present for the rest of the council meeting.

Other city staff present were John P. Applegate, City Manager and Joe Moore, Law Director.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes of the May 8, 2006 council meeting. There were no corrections or comments so Mr. Bruns moved that the minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. Mr. Hissong and Mayor Packard abstained, and the other council members voted for the motion. The minutes were accepted.

2. Mayor Packard recognized Mrs. Judy Collins who indicated she wanted to address the council. Mrs. Collins said there were many patriotic events coming up with Memorial Day, Flag Day in June and the Fourth of July. She reminded everyone to honor the veterans and visit them or volunteer to assist them. She also read the "American Creed" to the council.

3. A Proclamation declaring May as Older Adult Month Mayor Packard said this proclamation was submitted to the city council by Mill Ridge Village who asked that the City of Union honor the older adults. Mayor Packard said the city was supportive of older adults and in addition to Mill Ridge Village, was starting a new development was recently approved by the city on State Route 48 which would be a gated community for older adults.

Mayor Packard said older adults were welcome in Union and they wanted to show their appreciation by adopting this proclamation. Mayor Packard read the text of the proclamation.

Mayor Packard then moved to adopt May as Older Adult Month. Mr. Beyer seconded the motion. All concurred and the Proclamation declaring May as Older Adult Month was adopted.

4. Open Agenda

Mayor Packard thanked Mr. Beyer for filling in for him at the last council meeting. He said he had an incident where a semi truck had stopped by and was offering to sell furniture out of a truck that the driver said contained overstocked items. Mayor Packard said he called dispatch. Mr. Applegate said that was the best thing to do.

Mrs. Terry said she was glad to see Mayor Packard and Shirley Hissong attending the meetings again after their illnesses.

Mr. Bruns asked that it be noted in the council minutes that Mrs. Terry arrived after the roll call was taken but was present for the council meeting.

Mr. Applegate said that Ken Blackwell of the Republican Party was trying to get the TEL amendment recalled which would be a positive step for Union and all local governments. Mr. Applegate said he would keep the council posted on this matter.

Mr. Moore said that on Wednesday at 9:00 a.m. there would be oral arguments at the Supreme Court on right-of-way in the case with Butler Township. He said a written decision would follow.

Mr. Moore said there was still a case pending involving dogs that had been discussed at an earlier meeting. He said an agreement had been reached in a civil case and it appeared that the party with the dogs would probably leave town.

5. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the May 22, 2006 council meeting was adjourned.

 

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council


_________________________
Lawrence Beyer, Vice-mayor

Back to top of page.

June 12, 2006

The City of Union council meeting was called to order on June 12, 2006, at 7:30 on Monday evening.

Attendance was taken and the following council members were present: Mr. Bruns, Mrs. Terry, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer. Other city staff members present were Denise Winemiller, Assistant City Manager and Clerk of Council, and Joe Moore, Law Director.

Mayor Packard asked if Mr. Hissong had called about his absence and Mrs. Winemiller said he had. Mayor Packard moved that Mr. Hissong be excused. Mr. Beyer seconded the motion. All concurred and his absence was excused. Mr. Bruns said it was not mentioned why Mr. Hissong was not at the meeting and that should be included in the minutes. Mr. Hissong had to go to the hospital and Mrs. Winemiller said that information would be included in the council minutes.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections from the council minutes from the May 22, 2006 council meeting. There were no corrections so Mr. Bruns moved that the minutes be accepted as prepared. Mr. Beyer seconded the motion. All concurred and the minutes were accepted.

2. Mayor Packard acknowledged Mrs. Judith Collins' request to address the council. Mrs. Collins said that June 14 was Flag Day and she elaborated on that and spoke about patriotism. She also told about the recovery of a flag from the Civil War and that several historic flags were on display in museums in Ohio.

Mayor Packard called upon Pam Howard from 111 North Main Street. Ms. Howard asked how she would go about getting questions about her property answered. She said she had dealt with Mr. Green and he had not answered her questions. Mr. Beyer asked what kind of an incident happened that she was calling about. Ms. Howard said she was living next to the new building under construction. She had documentation or notices from Mr. Green that the area she had been using as a driveway was an existing alley and that she would need to move everything out of the alley. Mrs. Howard complained about trash, mud, rocks, etc. in the alley, due to the construction. She also said that where the pavement ends, the construction crew is storing their trailer, wheel barrows, cans, etc. which was preventing her access to her property. She also talked about a load of gravel she had delivered and since the gravel truck could not get through the alley, the truck driver dumped the gravel in the alley and she had to move it by hand. Ms. Howard said she had called Mr. Green about the building contractors blocking the alley and he had advised her to call the police. She said the police had come out several times. Ms. Howard complained that she can not get anything accomplished. She called the Ombudsman from Montgomery County and after she talked to him, the problem was resolved. Howard said she has other problems but she does not know where to go to have them solved. Mr. Beyer said to summarize her statements, her problem with the alley being blocked is resolved but she wanted to know where to go when she had a new problem. Mr. Beyer suggest she talk to Mrs. Winemiller, Assistant City Manager or John Applegate, City Manager. Mrs. Winemiller said when Ms. Howard came to the city office that day, she had spoken with her. They had received a document request about blocking the alley. Ms. Howard's concerns at that time was with the police department so Chief Blackwell had spoken to her and was researching the handling of the situation. Ms. Howard was also concerned about having Union personnel talk to her after her working hours. Mr. Beyer said she could make arrangements and that people would stay late or come in early to accommodate her. Mrs. Winemiller said that Mr. Applegate was frequently working after 5:00 p.m. Mrs. Winemiller said if Ms. Howard had problems, she could still call police dispatch and her call would be logged in. The council members also determined that parking in an alley would be a police matter, not a zoning matter for Mr. Green.

Mayor Packard recognized Justine Davis, a Clayton-Northmont high school graduate. Ms. Davis said she was representing the students of Northmont. She said they had a "smoke-free" pledge and wanted to make the Northmont community a "smoke-free area". They are asking for no smoking in all public places in Union. Ms. Davis provided statistics concerning second hand smoke. She said that she knew the issue was being discussed on a state level. Mayor Packard said he would like to see groups like hers meet with a state-wide group and have it passed state wide. Mr. Beyer said there are two restaurants in town. The city building and probably most of the businesses are already smoke free. The council members commented that if the restaurants would be smoke free, those patrons would go to the next town that is not smoke free. Mr. Beyer and Mrs. Terry thought it was a good idea. They asked Miss Davis if she had talked to any of the restaurant owners. She said they had met with some people in Clayton and more people supported this pledge than were against it. Mayor Packard thanked Miss Davis for her presentation.

3. Open Agenda

Mayor Packard thanked the VFW for inviting him to speak on Memorial Day. He said he was proud of the veterans and would be happy to address their group any time.

Mr. Beyer asked about some information concerning yard waste he had sent in an e-mail. Mrs. Winemiller did not recall receiving it so Mr. Beyer said he would send it again.

Mrs. Goudy asked at what time in the evening did the noise ordinance go into effect. Mrs. Winemiller said there was a noise ordinance that was in effect all day. Mrs. Goudy said she was flagged down on the way to the council meeting concerning a car alarm that continued to go off. Mrs. Winemiller said the police could go out and talk to them about it.

Ms. Howard said she was concerned about people driving through town after 10:00 p.m. and 11:00 p.m. at night with their radio playing too loudly. Mr. Beyer said they would have to call the police and try to identify the vehicle or get a license plate number. Mrs. Howard asked why the city would have an ordinance if they are not able to fix the situation. Mrs. Winemiller said the police have a meter that can register the sound. Mr. Beyer said there was an existing noise ordinance in case of a chronic problem, the police could cite the individual. Mrs. Winemiller said if it was a repetitive situation the police would have more opportunity to discover the source rather than random and occasional traffic incidents on Main Street.

Mr. O'Callaghan asked for people to submit nominations for the Spirit of Union award and to let him or Mrs. Winemiller know about any people that were doing attractive landscaping, planting flowers or improving their homes.

Mrs. Terry submitted pictures of a property showing deterioration and wildlife getting into the property. She said she had shown the property to Mr. Green, the zoning inspector, while standing in another yard and looking over a fence. Mr. Beyer said that Mr. Applegate would be back the next day and Mrs. Terry said that Mr. Applegate knew she had met with Mr. Green. She said she would like to see things done. Mrs. Terry added that she meets with people and they agree with her and walk off without doing anything. Mrs. Terry also had pictures showing water coming out of the ground. Mrs. Terry said she was upset about that and it had been two years. She said again that she tried to work with people in the city and they say they agree with her and then walk off and don't do anything. She said it was very frustrating. Mrs. Terry said she recognized that a lot of people were working hard keeping up their property. Mrs. Terry said as a council person, she would do everything in her power and if she did not have the answer, she would find it for residents.

Mr. Bruns asked if Mr. Moore would be addressing the items he talked about at the last meeting. Mr. Moore said he would. Mr. Bruns and Mrs. Winemiller deferred their time to Mr. Moore. Mr. Moore said concerning a case he had mentioned at an earlier meeting, the oral arguments were held and they went well. He said there was no testimony. Mr. Moore added that this case on annexation went to the Supreme Court of Ohio. A decision will be made within two weeks to three or four months. He said there was a question of who owns the ground within road right of way which is important as far as the annexation laws. Mr. Moore said he will let the council know of the decision and go into more detail at that time.

Mr. Moore said he also wanted to discuss that sometimes due process is very slow. He said six to eight weeks ago, there was a person at the council meeting discussing dogs. The city has dog ordinances, trash ordinances, etc. that can address these issues. He had said there was still a case pending but an agreement had been reached in the civil case. Union had also filed criminal cases. There was also a civil case between the landlord and the tenant. Mr. Green had reported to Mr. Moore that the tenants have moved on and the dogs are gone so that problem has resolved itself. The zoning cases are still pending. Mr. Moore said if people have a problem, they should contact the city and the resolution of the matter sometimes takes some cooperation. He said it is a slow process but they do get results.

In regard to the noise ordinance, if someone recorded video of noise and signed a complaint, that person would still need to participate in the case. They would have to be available for a pre-trial and also participate in a trial and be called as a witness. If the police officer hears or sees it, he can sign the complaint. Otherwise, it would have to be the person that witnesses the violation.

4. 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.

 

 

June 26, 2006

The City of Union council meeting was held on June 26, 2006, at 7:30 p.m. on Monday evening.

Attendance was taken and the following council members were present: Mr. Bruns, Mayor Packard, Mrs. Goudy, and Mr. Beyer. Other city staff members present were John Applegate, City Manager, Denise Winemiller, Clerk of Council, Mike Blackwell, Director of Public Safety, and Joe Moore, Law Director. Mayor Packard asked if Mr. Hissong had called. Mr. Beyer said he was still in the hospital. Mayor Packard then asked if Mrs. Terry had called. Mrs. Winemiller said that Mrs. Terry had called her at home and said she was in Cincinnati and would probably not be able to attend the meeting. Mrs. Winemiller said that Mr. O'Callaghan was on vacation. Mayor Packard moved that Mr. O'Callaghan be excused from attending the council meeting. Mr. Bruns seconded the motion. All concurred and Mr. O'Callaghan was excused from the meeting. Mayor Packard then moved that Mr. Hissong be excused from the council meeting. Mr. Bruns seconded the motion. All concurred and his absence was excused. Mayor Packard moved that Mrs. Terry be excused from attending the council meeting. Mr. Bruns seconded the motion. All concurred and Mrs. Terry's absence was excused. Mayor Packard called for a moment of silence.

1. Mr. Bruns moved that the council minutes of June 12, 2006 be accepted as prepared. Mayor Packard seconded the motion. All concurred and the minutes were accepted.

2. Mayor Packard recognized Gary Johnson who had indicated that he wanted to address the council. Mr. Johnson said that he thought that the city-wide garage sale in June was a great success. He asked if the council would consider having another city wide sale in the fall. Mayor Packard moved that the city have another city wide garage sale for the fall. Mr. Beyer seconded the motion. All concurred and the motion was passed. Mr. Johnson thanked the council for their action.

3. Public hearing on the re-zoning of 11881 Frederick Pike Road from Light Industrial (L-I) to Residential - 3, (R-3). Mayor Packard closed the regular portion of the council meeting and opened up the public hearing. No one from the audience indicated that they wished to speak at the public hearing. Mr. Applegate said Jason Ritter had approached the planning commission about changing the zoning on his property from Light-Industrial to Residential -3. The city notified adjoining property owners and advertised as required by the Ohio Revised Code. The property is located on Frederick Pike. There is existing R-3 zoning adjacent to Mr. Ritter's property. Mr. Ritter wants to build a residential garage and since his lot is zoned industrial, he is not allowed to do that. The staff has reviewed the application and has no objections. Mr. Applegate said Mr. Thomas Miller had inquired about the zoning change since it was next to his property but he had no objections. Mr. Applegate had not received any more calls about the zoning change. Since there were no more comments, Mayor Packard closed the public hearing portion of the meeting and the regular council meeting resumed.

4. ONE READING - ORDINANCE 1392 - 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 AND DECLARING AN EMERGENCY.

Mr. Bruns said there were not enough council members present to pass the ordinance as an emergency. He asked if they could waive the three readings and pass Ordinance 1392 with one reading. While Mr. Moore was checking into that Mr. Beyer said he thought that Mr. Ritter should have attended the meeting. Mr. Moore read a portion of the code, 2.06 Procedures, G., that it would take five votes from the council to suspend the charter requirement and waive the three readings. Only four members of council were present. Mr. Applegate said it would be staff's recommendation that this matter be tabled until the next meeting. Mayor Packard moved that Ordinance 1392 be tabled to the next meeting. Mr. Bruns seconded the motion. All concurred and the motion was passed.

5. FIRST READING - ORDINANCE 1393 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mr. Applegate said this was a regular housekeeping ordinance that was passed every year. The overall street light assessment has stayed the same. Some of the costs for the decorative lights vary because of additional lots and different types of street lighting. Mr. Bruns moved that they have the first reading of Ordinance 1393. Mayor Packard seconded the motion. All concurred and Ordinance 1393 was passed to the second reading.

6. FIRST READING - ORDINANCE 1394 - AN ORDINANCE LEVYING A TAX ON INCOME, AS DEFINED HEREIN, IN ORDER TO PROVIDE FUNDS FOR THE PURPOSES OF GENERAL MUNICIPAL OPERATIONS, AND PERMANENT IMPROVEMENTS OF THE CITY OF UNION. (three readings)

Mr. Applegate said he had met with the budget committee and they had expressed their concerns about having an income tax for the City of Union. The budget committee recommended that they put forth this ordinance to the council and have the income tax put on the ballot for November. This is a one and three-quarters percent credit income tax. Mayor Packard moved that they have the first reading of Ordinance 1394. Mr. Beyer seconded the motion. All concurred and Ordinance 1394 was passed to the second reading.

7. FIRST READING - ORDINANCE 1395 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $1,200,000 FIRE STATION EXPANSION BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCES OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF EXPANSION OF THE FIRE STATION FOR FIRE AND EMS SERVICES. (three readings)

Mr. Applegate said the passage of the fire and police levy two years ago enabled them to be able to borrow the money to expand the fire house. The amount estimated for the expansion is 1.2 million dollars. The plans for the fire house were shown to the council members on the view screen. The pictures show the existing station and the proposed structure. The plans are to eventually store the police cruisers in the building also and use the structure as a public safety building combining both fire and police services. Mr. Applegate indicated where the new drive would be, coming off Martindale Road. The alley would remain the same. Mr. Applegate said this ordinance would allow the city to go out for bids. The city will take bids on part of the work and will do some of the work themselves. Mayor Packard moved to have the first reading of Ordinance 1395. Mr. Bruns seconded the motion. All concurred and Ordinance 1395 was passed to the second reading. Mayor Packard noted that there was a representative from the Englewood Independent and he asked that they get the word out since the Union residents would be anxious to hear about the expansion.

8. ONE READING - RESOLUTION 06-03 - A RESOLUTION APPROVING THE FINAL VERSION OF THE MONTGOMERY COUNTY NATURAL HAZARD MITIGATION PLAN.

Mr. Applegate said this was the final step in approving the Montgomery County Mitigation plan. The city had adopted the preliminary plan earlier. The county has now presented the plan in its final form. The plan is extensive and is on a CD and will be available at city hall if someone wants to look at it. Mr. Bruns moved to have the one and only reading and adopt Resolution 06-03. Mr. Beyer seconded the motion. All concurred and Resolution 06-03 was adopted.

9. Open Agenda

Mayor Packard thanked Mr. Johnson for bringing up the garage sale. He thought that a second sale in the fall was a very good idea.

Mayor Packard said he wanted to thank the fire and EMS department for transporting him three times in less than a month. He said he really appreciated it. He said they did a very professional job.

Mr. Beyer asked about Mr. Dillon, the property owner on Phillipsburg-Union Road and his status on starting his development. Mr. Applegate said they had been in contact with him by e-mail and that he hoped to start the project this August. He had a new partner and the project would be going forward.

Mr. Applegate said he would like a motion from the council to go out for bids on the firehouse.

Mr. Bruns moved to authorize the city to go out for bids on the fire house. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. Applegate said they will need to have a second meeting in July. He asked the council to amend the approved schedule so they will be able to have a second reading on the notes for the fire house.

Mr. Bruns moved to amend the schedule and have a second council meeting in July on July 24, 2006. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Applegate said he was absent at the last meeting and when he read through the minutes, he decided there were some items he wanted to discuss for council's information.

Mr. Applegate said he had personally spoken with Ms. Howard who had attended the council meeting. He had also spoken to the Ombudsman office when they called. Mr. Applegate had explained to the Ombudsman what had transpired. Part of the parking problem of blocking the alley is that State Route 48 has no parking. The building contractors can not close down a lane on State Route 48 so that the construction equipment can park there. Ms. Howard said she had a problem with the contractor blocking the alley. After Mr. Applegate talked to Ms. Howard personally, he spent several days trying to catch the contractor to tell them to keep their construction material on their own lot and not to park on the asphalt. Ms. Howard had been given permission to use the alley since she was the only one there. The alley is not a public alley open to vehicular traffic but it is an alley. The city had given them permission to park the trailer, etc. off the existing pavement, in the grassy area controlled by the city, because there was no other place for the contractors to park their equipment. Mr. Applegate said they were not allowed to park on State Route 48 or the paved portion of the alley and they needed to get the building completed. Mr. Applegate said he explained that to the Ombudsman's office and they understood. Mr. Applegate said the contractors had no choice. He added that if someone is blocking the alley, they will have them move their vehicles. He said it was correct that Mr. Green could not cite them for parking in the alley. The contractors did have permission to park in the grassy part of the alley and Mr. Applegate said he gave it to them because there was no other choice. He said the contractors were sorry that they had blocked the alley. Mr. Applegate talked to Ms. Howard in person and explained the situation. The police department also had talked to her. Mr. Applegate commented that sometimes people do not get the answer they want. He said he was courteous, and that he felt that the police department and Mr. Green had been very courteous and did the best they could with the circumstances.

Mr. Applegate also addressed the water coming up at 413 Merrymaid that was brought up at the last meeting. When they checked it out, it was a yard drain that a home owner had installed. The city did not install it and was not responsible for it. Mr. Applegate said at the last meeting, Mrs. Terry had brought up 413 San Bernardino Trail and the condition of the house. Mr. Applegate said he had looked at the property with Mrs. Terry and Mr. Green and that was back in 2002 and 2003. This was for brush, grass, etc. Those items had been cleaned up at the time.

Mr. Applegate said he talked to the neighbor about the holes in the gables. He said they have cited the resident and she has responded. She has been in the hospital and presented the city with a letter of disability from a doctor. She will get the gables repaired. There have been no complaints against the property this year until Mrs. Terry brought it up at the meeting.

Mr. Applegate said the comments Mr. Moore made at the last meeting were very appropriate. The zoning process does seem like it moves slowly but there is a process that has to be followed and problems do get resolved. If the city is notified about something, they will respond. Mr. Applegate said he had checked the records and even asked the neighbor, and no one has called concerning the property.

Mr. Applegate said he met with the Ohio EPA on Monday concerning the renewal of the NPDES permit. They will receive the results in an official letter. Mr. Applegate said that they were partners in a trading program that is overseen by the Miami Conservancy District. Last year, part of the money that was paid by the cities was towards testing. They were testing the Stillwater River and they have the results of the testing for a one year period now. The EPA had said there were 673,000 metric tons of phosphorous moving down the Stillwater River in a year. In the analysis of the actual data, the test showed 173,000 metric tons so they have obtained the reduction and are even under that. The cities have already protested about the way that the Ohio EPA does the sampling. Mr. Applegate said a plan can not be designed just for one city. Mr. Applegate said they wanted to work with them on the discharge parameters and arrive at a compromise. Mr. Applegate said it would be interesting to see what the final outcome would be. Mr. Applegate said that he would keep the council apprised of what develops.

10. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard 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.