Union City Council Meeting Minutes
Third Quarter 2001
 
July 9, 2001, Meeting Minutes
July 23, 2001, Meeting Minutes
Aug. 13, 2001, Meeting Minutes
Aug. 27, 2001, Meeting Minutes
Sept. 10, 2001, Meeting Minutes
Sept. 24, 2001, Meeting Minutes
 
 
 

July 9, 2001

Mayor Packard called the July 9, 2001 City of Union council meeting to order on Monday evening at 7:30 p.m.

Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, 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.
Mayor Packard said Mr. Bruns had informed him that he would miss the meeting because he would be out of town on business.
Mayor Packard moved to excuse Mr. Bruns from attending the meeting. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any corrections or additions to the minutes from the June 25, 2001 council meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. Beyer seconded the motion. Mrs. Terry 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.

Brian Butterbaugh, residing at 131 Marrett Farm said he wanted to discuss some problems on his street and ask about some vacant homes that had been vandalized.

Mayor Packard asked if they had contacted the Union Police Department. Mr. Butterbaugh said they have before but there are a lot of the problems coming from 133 Marrett Farm. He showed the council some pictures of the abandoned homes in the neighborhood.
He said the homes have been vacant and they had problems on the Fourth of July. He said he understood that the properties were in the process of foreclosure and owned by financial institutions.

Mr. Applegate said they had notified the health department and they have issued orders on both properties. The city has contacted the bank that is responsible for the property on Danvers and they will be sending some one out to clean it up. Mr. Applegate said they were trying to do the same thing with the property on Boxford.
Mrs. Butterbaugh asked how long this would take. She asked if anyone had been charged for the damages.
Chief Gessner said they had arrested two juveniles and the investigation was still going on. The charges will be determined by the Montgomery County prosecutor.
Mayor Packard asked what responsibility the city had. Mr. Moore said in regard to the properties, the city has nothing to do with that. That would be a lawsuit to clear the title and get the property sold. If there are any ordinances violated that are health related or safety related, the city could do that. The owner is still responsible until a foreclosure is completed and there is a sheriff's sale. The ownership would change at that time if there was a buyer. Mrs. Butterbaugh asked if the companies would have to clean the property up and if the city was going to give them a time limit.
Mr. Applegate said the party that was contacted said they would clean up the property this week. The city was still trying to contact the other financial institution. The Montgomery County Board of Health has been contacted and they have more power for enforcement. Mr. Applegate said the city has kept the properties mowed, trimmed up and cleaned up, as an ongoing process.
Fire Chief Bergman said that they had responded to the fire call and had contacted the health department.
Montgomery County would be contacting the owners and issuing a citation with a limited time to respond.
Mr. Applegate said the city had to go through a process to give the property owners a chance to make repairs. Mr. Applegate said it is a mess and the doors have been secured already but have been broken into again.
Fire Chief Bergman said it helped if the neighborhood would keep a watch on the property and call if anyone was seen going in and maybe they could catch the people that are causing the problems. If the vandals know the house is being watched, they will stop going there.
Mayor Packard assured the Butterbaugh's that the county, city, police, and fire department would assist in any way possible.
Mrs. Shields asked if the police watch homes when people are on vacation. Mr. Applegate said yes. Police Chief Gessner said they were aware of the problem of the vacant houses and watching the area. Chief Gessner said the other neighbors do not call.
Chief Gessner said they have a neighborhood watch meeting scheduled for Thursday night for that area.
The Chief added they just lost a case for loud music. The resident called, the officer showed up, heard the music, cited the property owner, and the case went to court. The officer was the only one that showed up so the case was dismissed. The same thing happened with a dog complaint - the case was dismissed because the neighbors need to sign the complaint and appear in court.
Mr. Hissong encouraged the people to call the police if they needed help.

3. ONE READING - ORDINANCE 1228 - AN ORDINANCE ACCEPTING THE ANNEXATION OF 1.299 ACRES, MORE OR LESS, IN UNION TOWNSHIP, MIAMI COUNTY, TO THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY.

This is an annexation with a business known as R and B Precision Machining over on Frederick Pike. The owners of the business would like to be within the city as soon as possible and asked that the city pass this as an emergency.

Mr. Beyer moved that Ordinance 1228 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. Beyer then moved to have the one and only reading and adopt emergency ordinance 1228. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1228 was adopted.

4. ONE READING - ORDINANCE 1229 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $108,200 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 AND DECLARING AN EMERGENCY. (Eighth renewal)

This is an renewal and since it was originally done with three readings, the charter requirements have been met and it can now be passed as an emergency ordinance.

Mr. Beyer moved that Ordinance 1229 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. Beyer then moved to have the one and only reading and adopt emergency ordinance 1229. Mrs. Shields seconded the motion. All concurred and the motion was passed.

5. ONE READING - ORDINANCE 1230 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $156,400 WATERLINE REPLACEMENT BOND ANTICIPATION NOTES, SECOND (2001) RENEWAL BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF REPLACING AN EXISTING WATERLINE AND DECLARING AN EMERGENCY. (Second renewal)

Mr. Applegate said this was the second renewal for the water line installed on Main Street. The initial requirements of three readings was already met, in compliance with the charter.

Mr. Beyer moved that Ordinance 1230 be declared an emergency for the reasons set forth in the ordinance. Mayor Packard 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 1230. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

6. ONE READING - ORDINANCE 1231 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $52,200 PROPERTY ACQUISITION BOND ANTICIPATION NOTES, SECOND (2001) RENEWAL BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF ACQUIRING PROPERTY AT 107 WEST MARTINDALE FOR USE BY THE CITY FOR FUTURE EXPANSION OF FIRE AND EMS SERVICES AND DECLARING AN EMERGENCY. (First renewal)

This is the first renewal and was to acquire the property next to the firehouse. When originally issued, there were three readings in compliance with the charter.

Mr. Beyer moved that Ordinance 1231 be declared an emergency for the reasons set forth in the ordinance. Mayor Packard 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 1231. Mayor Packard seconded the motion. All concurred and the motion was passed.

7. Open Agenda

Mayor Packard said he wanted to amend the agenda to include the asking fiscal budget of 2002. The motion is to amend the agenda. Mr. Beyer seconded the motion. All concurred and the motion was passed. The agenda was amended.

Mayor Packard said they had a public hearing on the asking budget at 6:30 p.m., July 9, 2001. No citizens attended. Mayor Packard moved to accept the asking fiscal year 2002 budget.

Mr. Beyer said the public hearing was advertised and that the budget committee had met and recommended the approval of the asking budget to the council. Mr. Beyer seconded the motion.

Mr. O'Callaghan announced that Mill Ridge village had advertised a pancake breakfast at their location from 8:00 to 11:00 and some of the proceeds will be donated to the city for the Martindale Road, Montgomery Street area, where the Toll Road festival is located to use for landscaping, etc. It is $3.00 for adults and $2.00 for children. Mr. O'Callaghan hoped there would be a good attendance.

Mr. Hissong asked where the city was at with the sewer line coming up Sweet Potato Ridge Road. Mr. Applegate said they had just gotten all of the easements and they have been recorded. They will probably start on Randolph Street later this fall.

Mrs. Terry thanked the Butterbaugh family for coming to the meeting and informing the council of their problem.

Mr. Moore said council had been notified about a letter sent to a resident concerning removing a garden and some other items that are on city property. Mr. Moore said sometimes they try to solve problems instead of just strict enforcement, and try to avoid court intervention.
The city has made an offer to resolve this problem and if it is not resolved, the city can take further action.
Mr. Beyer asked what Mr. Moore had responded too.

Mr. Moore read one sentence from a letter he had received: "Is there some basis to the city's objection other than they can." He said that was the attitude he was dealing with. He said they responded that the property was part of the park, owned by the city and they need to maintain the park in a consistent, safe manner.
Mrs. Shields asked if there were trees cut down. Mr. Applegate said there were.
Mr. Beyer said he felt it was important to point out that the city was not doing this because they "can" but because it is city park land and it is there for all the citizens and people can not use city park land for their own personal uses.
Mr. Moore said the next time they meet, it should be resolved.
Police Chief Gessner said that the Butterbaugh's problem is really the city's problem and they will continue to do anything they can to get the situation straightened up. One of the ways will be getting assistance from the other neighbors and the police will try to get that point across. They have seen these types of problems before and have successfully dealt with them. The Chief said once he meets with the residents, he hopes they will realize the results and help get the problem taken care of.

Chief Gessner said they get cards and letters in the mail all the time and sometimes there is no postmark or address.
He had two examples. On the outside of one envelope, there is written, "Here in the United States of America, Hogan's Heroes and his men are trying to accomplish peace for all mankind."
The Chief said another letter was opened that had a return address with a "smiley face" and thank you and the letter said, " Hi. Just a note of thanks to the police department in Union, especially the officer working Friday night, on June 29, that checked my open garage on Rinehart in the late hours. It seems so safe here, I guess it's easy to take crime - no crime for granted. Thanks again for the great job, Sincerely, " and he had signed his name. Chief Gessner said the officer that had contacted the resident was Officer Jason Mowery.

In response to a question from the mayor, Chief Bergman said to his knowledge, there were no injuries from fireworks during the Fourth of July celebrations.

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

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

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July 23, 2001


The council meeting for the City of Union was held on Monday evening, at 7:30 p.m. on July 23, 2001.

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

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any corrections on the minutes from the July 9, 2001 council meeting. There were none so Mr. Beyer moved that the minutes be accepted as prepared. Mayor Packard 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.

Shirley Hissong said the wrought iron fence in the north part of town was beautiful. Mrs. Winemiller said the city had the work done as part of the State Route 48 project. There was a culvert box in that area and the railing was installed to protect that.

3. Public hearing on amending Chapter 1153.04 (c) FENCES, WALLS, AND HEDGES within the supplemental zoning regulations of the City of Union planning and zoning code.

Mayor Packard opened the public hearing.

Mrs. Winemiller said that fencing regulations were looked at in November 1998. The subject had been brought before the council and later withdrawn.
The planning commission has asked that the subject be brought before the council again. They want chain link or wire fencing in front yards to be prohibited and that the finished side of privacy fences be to the exterior of the lots.

Mayor Packard said that within the new developments, people were installing quite a few privacy fences.
Mrs. Winemiller said any new privacy fences would be required to have the finished side out but that anything existing would stay as it is.
Mr. Bruns asked if the city had received many complaints over the years about fences and Mrs. Winemiller said the number of complaints was probably under a dozen.
Mayor Packard added that in the past, there had also been an occasional wire fence in a front yard that did not have a good appearance. He said that sometimes those fences get neglected and need to be painted.
Mr. Glynn Marsh from the audience said he would like to encourage the council to vote for the ordinance. He said it was a housekeeping matter and would help continuously improve the image of the city. He added that chain link fences gradually become rusty and are not as eye-appealing. He said that if you would require the finished side of privacy fences to be on the outside, that would eliminate fences occasionally put up for spite. He added this was for cosmetic purposes and he recommended the change.
Mayor Packard informed the visitors that Mr. Marsh was a member of the planning commission.
Mr. Bruns asked if the fencing requirements could be covered under the covenants for new developments. Mrs. Winemiller said it depended on what the developer wanted. Mr. Beyer said they can request things but they can not make developers do certain things. Mrs. Winemiller said it would then become the developer's or the people within the subdivision responsibility to enforce, not the city's.

There were no more comments so the public hearing was closed.

4. FIRST READING - ORDINANCE 1227 - AN ORDINANCE AMENDING CHAPTER 1153.04 (C) FENCES, WALLS, AND HEDGES WITHIN THE SUPPLEMENTAL ZONING REGULATIONS OF THE CITY OF UNION PLANNING AND ZONING CODE. (three readings)

Mrs. Winemiller said the staff agreed this would be an improvement within the community.
Mr. Bruns commented that the ordinance was in two sections - the first being excluding the chain link and farm fence in front yards, and the second that a privacy fence should have the finished side to the exterior. He said he had a problem with that section. He said he agreed with that situation when fences face a street but he disagreed when fences just face neighbors. He said if a resident is paying for the fence, he should be able to have the finished side facing his own yard. Mrs. Terry said she agreed, that she would like the finished side of a privacy fence facing inside.
Mr. Beyer asked Mr. Moore if the ordinance could be amended.
Mr. Marsh added that if a fence was put up for privacy reasons, it would still solve the purpose of privacy and if it was for decorative purposes they could put up a fence where the slats would be staggered.
Mr. Moore said that the ordinance could be amended at any time, according to the rules of council.

Mr. O'Callaghan moved to have the first reading of ordinance 1227. Mayor Packard seconded the motion. Mr. Bruns, Mrs. Terry, and Mr. Hissong voted against the motion and Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer voted for the motion. The ordinance was passed to the second reading.

5. FIRST READING - ORDINANCE 1232 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mrs. Winemiller said that this was an annual ordinance and would be collected in the first half of the property taxes. The rates were the same as last year - there was no increase.

Mayor Packard moved to have the first reading of Ordinance 1232. Mr. Beyer seconded the motion. All concurred and the motion was passed.

6. Open Agenda

Mayor Packard said that a clean up was held for two homes in the area. The Butterbaugh family had brought the matter up at an earlier council meeting about two abandoned homes. The city helped provide trash bags and neighbors and Lieutenant Blackwell and Officer Goudy had come and helped clean up the area. Mayor Packard added that a neighborhood watch was also established for the neighborhood.

Mr. Beyer said Linda Ryan from Dayton Power and Light still needed to be contacted concerning pavement work on Woburn Farm in Concord Farm North. Mr. O'Callaghan said there was also some cross cuts on Concord Farm Road that were deteriorating that Dayton Power and Light should also take care of.

Mr. Beyer reminded Chief Gessner that their was going to be paving done on Tara, Chase and Woburn and that some extra cars would be parked along Woburn until the area was paved.

Mr. O'Callaghan thanked Mill Ridge Village for their pancake breakfast.
Mr. O'Callaghan stated that since they had a new five lane road through town, it would be better if homeowners and businesses would take care of all the landscaping, particularly the strip of grass between the road and the sidewalk.
Mrs. Winemiller said that would be the property owners' responsibility but the city was going to take a more aggressive approach to the landscaping and possibly do additional landscaping like putting in hostas around the pear trees.
Mr. O'Callaghan said that both properties on either side of the city building needed to be mowed.
Mr. Hissong asked if the street lights on Sheets Street were working yet. Mrs. Winemiller said there was additional work to be done by Dayton Power and Light and a new contract to be signed, then the work would be completed.

Mrs. Terry commented that she believes people are working harder on keeping up their property.
She said she knew that there was someone in the audience that had arrived after the time in the agenda for visitor's comments and she asked if she could speak now.
The resident said she lived at 409 Merrymaid and she had earlier spoken to the City Manager about problems with water run off from 413 Merrymaid and 301 Applegate. Mrs. Winemiller said they would check this out.

Mr. Bruns commented that he had a privacy fence and he had put the finished side to the exterior.

Mr. Bruns asked if the residents would please vote "yes" for the street levy.

Mr. Beyer established that the next council meeting would be on August 13, and the election on the street levy would be earlier, on August 7.
Mr. Beyer moved that the city council vote to support the street levy on
August 7. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.
Mrs. Winemiller said they would be getting information out concerning that.

Mrs. Winemiller thanked Officer Goudy and Lieutenant Blackwell on assisting with the clean up. She said they had been in contact with the Board of Health concerning the properties. She said the Board of Health had issued citations on the properties.

Mrs. Winemiller said that the city would plan on picking up the limbs.

Mrs. Winemiller announced that the annual pool party would be held on Wednesday, August 1, at 7:30 p.m.

Mayor Packard commented that there were a lot of young people helping to clean up the property in Concord Farm North.

Mr. Moore said that the situation with the garden and boat had been resolved, and that the boat had been moved.

Chief Gessner said there were approximately twenty people at the neighborhood watch meeting that was started in Concord Farm North.

Fire Chief Bud Bergman briefly commented on the tragedy concerning the death of a Clayton EMT. Mayor Packard said that the area fire departments were like one big family and all looked out for each other.

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

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Aug. 13, 2001

The August 13, 2001, Monday evening, City of Union council meeting was called to order at 7:30 p.m. by Mayor Packard.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, 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.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the council minutes from the July 23, 2001 council meeting. There were no comments so Mayor Packard moved that the minutes be accepted as prepared. Mr. Beyer seconded the motion. All concurred and the minutes were accepted.

2. Mayor Packard invited Eddie Starnes to come forward to be sworn in as a volunteer firefighter/EMT. Mr. Starnes was sworn in.

3. Mayor Packard then asked for Matthew Hollow to step forward to be sworn in as a volunteer firefighter/EMT. Mr. Hollow was also sworn in by the mayor.

Chief Bergman said both men were full trained firemen and EMT's already so he felt they would both do well. Mayor Packard welcomed them to the City of Union Fire Department.

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

Mr. Marsh, from Sweet Potato Ridge Road, in regarding to item 6 on the agenda, referring to the ordinance on amending Chapter 1153.04 on fences, walls, and hedges, wanted to strongly encourage the council to vote in favor of the amendment. He said he saw this change as a tool for the city staff to have to continue improvements within the City of Union. He said that there had been steady improvements over the years and tremendous changes and he said this ordinance and the subject of the public hearing were good steps in the continuing direction of positive changes for the community.

5. Public hearing on amending Chapter 1165.02 of the Union Code, relating to definitions concerning the floor area of a residential building.

Mayor Packard opened the public hearing.

Mr. Applegate said that this item has been recommended by the planning commission and deals with the floor area for new buildings. The portion to be deleted was roofed terraces and roofed porches. The minimum square footage has been fourteen hundred square feet and the city does not want to see small homes using the covered porches and terraces to meet the fourteen hundred square foot requirement.
In response for a question from Mayor Packard, a few builders have started to abuse this code.
Mr. Bruns asked about enclosed porches or terraces. Mr. Applegate said if a porch or terrace was enclosed and met the requirement for an interior of a home, with a poured footer, perimeter insulation, vapor barrier, etc., it would be included in the square footage requirement.
Mr. Winer, a builder in the community, said he was always concerned about building homes. He says his company owns twelve lots within Union Ridge. He said duplexes were not approved for the west side of Heckman. When he entered into the agreement with the developer, he did not know he would be given lots on Heckman, and those lots are smaller because they were originally approved for 1200 square foot homes. He said it was difficult to build 1400 square foot homes on those lots.
Mr. Winer also commented that the way the City of Union measures the interior is not the way some other communities work. He said he did build some 1400 square footage homes using the outside measurements but it was figured under 1400 square foot in the City of Union because they used the inside space of the house.

Mayor Packard said the council and planning commission were behind the changes not just Mr. Applegate.

Mr. Beyer asked where they stood with the problems on Heckman.
Mr. Applegate said the zoning regulations on the square footage had been in effect since 1973.
He added that there are several lots up on Heckman where there was a proposed change of zoning which was turned down. When it was originally set up, the 1200 square footage requirement for homes was still in effect. The lots on Heckman are smaller, based on the existing 1200 square footage requirements at that time. Because of that, the city will allow the smaller homes on those few remaining lots on Heckman and Mr. Winer will not need to apply for a variance.

In explaining the way square footage is figured, Mr. Applegate said the city has always used "inside interior wall" dimensions. When checking with the city's plans examiner, he recommended to continue figuring from the inside wall dimensions. Walls can take four to six inches which does cut down on the square footage of a home - making a big difference between measuring the exterior space of a home and the interior living space. Mr. Beyer commented that he did not live "inside" his walls and the regulations should be for inside living space.
Mr. Applegate said that portion of the ordinance would stay the same and the city would continue to measure the square footage requirement from the faces of the interior walls.

Mr. Marsh said he was an appointed member of the planning commission and he had made the motion to change the definition of square footage since a few builders were using the covered porches to make up the square footage requirement and building a smaller home. Mr. Marsh said this is another step in working to improve the community. He said that he felt this was an important item that needed to be clarified since there were several new developments and changes occurring in the community.

There were no more comments so Mayor Packard closed the public hearing.

6. SECOND READING - ORDINANCE 1227 - AN ORDINANCE AMENDING CHAPTER 1153.04 (C) FENCES, WALLS, AND HEDGES WITHIN THE SUPPLEMENTAL ZONING REGULATIONS OF THE CITY OF UNION PLANNING AND ZONING CODE. (three readings)

Mr. Bruns asked to make a few comments on Ordinance 1227, specifically (C) 4. He said he felt that there should be some re-writing on the ordinance. He said he agreed that the finished side of privacy fences should face out when bordering a street. He said there could be a situation where the first neighbor would put up a fence and would be required to place the finished side out. If the second neighbor put up a fence, he would be required to put the finished side out. Within his yard, he would have part of the finished side of the fence facing in and what he installed would have the finished side facing out. He would have some sides with finished side in and some sides with finished side out. Mr. Bruns felt the ordinance should be re-worded so the neighbors could decide how the fence would face. Mr. Beyer asked how Mr. Bruns would want to re-write the ordinance.
Mr. Bruns felt the city should re-write the ordinance. He proposed the neighbor installing the fence could have a release signed from the other neighbors, allowing them to put the finished side in. Mr. Beyer said he would prefer that residents apply for a variance if they want something different. He said it would be difficult to write the ordinance to take in every case.

Mr. Beyer moved to have the second reading of Ordinance 1227. Mr. O'Callaghan seconded the motion. Mr. Bruns, Mrs. Terry, Mr. Hissong, and Mayor Packard voted against the motion and Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer voted for the motion. Ordinance 1227 was defeated during the second reading.

Mayor Packard said he had talked to several residents on the telephone recently and some of them had concerns over the fence ordinance and that is why he changed his vote.
Mr. Beyer invited Mr. Bruns to attend the planning commission meeting to suggest a better way to write the ordinance.

7. SECOND READING - ORDINANCE 1232 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mrs. Shields moved to have the second reading of Ordinance 1232. Mr. Beyer seconded the motion. All concurred and Ordinance 1232 was passed to the third reading.

8. FIRST READING - ORDINANCE 1233 - AN ORDINANCE AMENDING SECTION 1165.02 OF THE UNION CODE, RELATING TO DEFINITIONS. (three readings)

Mr. Beyer moved to have the first reading of Ordinance 1233. Mr. Bruns seconded the motion. All concurred and Ordinance 1233 was passed to the second reading.

9. Open Agenda

Mayor Packard welcomed the new firefighters.

Mayor Packard commented about information on annexation legislation contained in the council packets. He said he and Mr. Applegate had attended a meeting concerning state wide legislation. They are trying to get a state wide referendum to be put on the ballot and they are asking cities to support this.

Mr. Applegate said he was unsure of the exact requirements for a bill to become a state law but a coalition has been established to put this before the voters in 2002. He said most of the cities would be supporting this and he hoped that the City of Union would also. When they get additional information, he will provide it to the council.

Mayor Packard moved to support the efforts to put the resolution to referendum the annexation legislation on the ballot. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mayor Packard suggested the law director prepare a resolution of support.

Mr. Applegate said the referendum is going by " 'No' on state control on property rights".

Mr. Beyer said he had told the reporter that there would be nothing controversial at the evenings meeting and that he was wrong.
He added that though the councilmembers can argue, "it's not personal, it's just business".

Mr. Beyer asked about parking for the Toll Road Festival since there is no parking on Main Street now. Mr. Applegate said they will be using the back streets.

Mr. Beyer sent a letter to the Englewood Independent to thank all the people that voted, especially the people that voted in support of the street levy. He said he heard that the Englewood Independent will not publish thank you notes and he said he thought that was too bad but he wanted to get it on the record that the city did want to publicly thank the citizens for passing the street levy.

Mrs. Shields also thanked everyone for the passing of the street levy.

Mr. O'Callaghan also thanked everyone for coming out to vote. He said for a city of 6,000, there were only 600 people coming out to vote and he thanked those people.
Mr. O'Callaghan said the festival was coming up and he hoped people would volunteer to work.

Mr. O'Callaghan said they had a youth pool party the first of August and he thanked everyone for attending. It was sponsored by the City of Union, the YMCA, and the Ladies LaSertoma club.

Mr. Hissong thanked the people for voting and for calling - that it made a difference.

Mrs. Terry thanked everyone and said she had wanted the street levy to be passed and that she wished more people had gone out and voted.
Mrs. Terry asked Ron Nunneri from the Englewood Independent why the paper would not accept thank you letters. Mr. Nunneri said they used to do that and they would get a dozen or more letters a week. He said people should thank people in a newsletter or buy a Hallmark card.
Mrs. Terry said she did want to have them take another look at the fence ordinance because she thought aesthetics were important for the city.

Mr. Bruns said they had a small turn out to vote. He asked what the amount was for the May election. Mr. Applegate said it was mostly the same.
One person that had made some calls said the residents said they don't vote in the "off" elections. Mr. Applegate said that special elections are tough to have people to come out and vote.

Mr. Applegate said he was very appreciate of the citizens of Union for voting in favor of the street levy. The street program for this year is well under way and they are back on track with the street program.

Fire Chief Bergman welcomed Matthew and Eddie to the fire department.

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

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

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Aug. 27, 2001

The August 27, 2001 council meeting was called to order by Mayor Packard on Monday evening at 7:30 p.m.
Attendance was taken and the following councilmembers were present: Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, and Dan Gessner, Police Chief.

Mayor Packard said Mrs. Terry had called him at home and she would not be attending the meeting due to a death in her family.
Mayor Packard moved to excuse Mrs. Terry's absence. Mrs. Shields seconded the motion. All concurred and Mrs. Terry's absence was excused.

Mayor Packard said that Mr. Bruns had informed him earlier that he was going to be out of town on business the night of the council meeting so Mayor Packard then moved to excuse Mr. Brun's absence. Mr. Beyer seconded the motion. All concurred and Mr. Brun's absence was excused.

Mayor Packard called for a moment of silence and asked everyone to keep in mind that Mrs. Terry was going through a hard time.

1. Mayor Packard asked if there were any questions or corrections on the minutes from the August 13, 2001 meeting. There were none so Mayor Packard moved that the minutes be approved. 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 none.

3. THIRD READING - ORDINANCE 1232 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mr. Beyer moved that they have the third reading and adopt Ordinance 1232. Mayor Packard seconded the motion. All concurred and Ordinance 1232 was adopted.

4. SECOND READING - ORDINANCE 1233 - AN ORDINANCE AMENDING SECTION 1165.02 OF THE UNION CODE, RELATING TO DEFINITIONS. (three readings)

Mr. Beyer moved to have the second reading of Ordinance 1233. Mrs. Shields seconded the motion. All concurred and Ordinance 1233 was passed to the third reading.
5. ONE READING - ORDINANCE 1234 - AUTHORIZATION FOR THE CITY OF UNION, OHIO TO PICK UP THE STATUTORILY REQUIRED CONTRIBUTION TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM OF OHIO FOR THE CITY MANAGER AND DEPARTMENT HEADS AS DEFINED BY THE CHARTER OF THE CITY OF UNION, PURSUANT TO INTERNAL REVENUE CODE §414(H)(2) AND DECLARING AN EMERGENCY.

Mr. Applegate said this was an ordinance to clarify some legislative action taken by mayor and council earlier last year when various personnel changes in the administrative regulations were changed. This is to be in compliance with the IRS. Janet Cooper, the city's personnel attorney was present to answer any questions from the council.
Mr. Beyer asked if there was a simple explanation and Ms. Cooper said it was a technicality that an ordinance would have to be passed in a specific form for the IRS to recognize the contributions. Mr. O'Callaghan asked how many people this would affect and Mr. Applegate said as stated in the ordinance, just the department heads, the city manager, assistant city manager, and law director.

Mr. Beyer moved that Ordinance 1234 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. Beyer then moved that they have the one and only reading and adopt emergency Ordinance 1234. Mrs. Shields seconded the motion. All concurred and Ordinance 1234 was adopted.

6. ONE READING - RESOLUTION 01- 11 - A RESOLUTION OF SUPPORT FOR "NO STATE CONTROL OF PROPERTY RIGHTS".

Mr. Applegate said this is the resolution that the law director and staff were asked to bring forward to council, concerning the support of no state control of property rights concerning annexations in the state of Ohio. This resolution is in support of the referendum that is being circulated around the state regarding changes in annexation laws.

Mr. Beyer moved that they have the one and only reading and adopt Resolution 01-11. Mayor Packard seconded the motion. All concurred and Resolution 01-11 was adopted.

7. Open Agenda

Mayor Packard asked that the council's thoughts be with Mrs. Terry since the death of her father and the illness of her mother and husband.

Mr. Beyer said he noted a copy of an article regarding home ownership in the Miami Valley. Mr. Beyer said he noticed that the City of Union has the second highest percentage of home ownership in all the surrounding communities, second to Springboro.
He said that he thought the article was very interesting and he commended the Dayton Daily News for doing that.

Mayor Packard said there had been a motorcycle accident in town and the motorcyclist had been speeding on West Martindale Road.

Mr. O'Callaghan reminded everyone that the Toll Road Festival was coming up September 14 and 15. He invited everyone to come and encouraged people to volunteer.

Mr. O'Callaghan also said he had not noticed any article in the local newspaper about the street levy being passed. Mr. Nunneri from the Englewood Independent said that two people had been eliminated from their staff and they had not been able to cover the results of the election.

Mr. Applegate said there was a memo in their council packets concerning a proposed fence ordinance. The last ordinance had been turned down by the council.
This had been discussed again at the Planning Commission and a change was made in the ordinance including a section from the city of Kettering code. Mr. Applegate said he had talked to Kettering to see if there had been any enforcement problems. They informed him that the ordinance was working very well.
Mr. Applegate asked if Mr. Moore had a chance to review it and if he had any comments on it.
Mr. Beyer suggested that before they start commenting on it, they would need to set a public hearing.
Mr. Applegate said he wanted to make sure that everyone was satisfied with the ordinance.

Mr. Beyer moved to set a public hearing date for the revised fencing ordinance for October 8, 2001. Mrs. Shields seconded the motion. All concurred and the motion was passed.

8. Mr. O'Callaghan moved that the council 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

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Sept. 10, 2001


The City of Union council meeting was called to order at 7:30 p.m. Monday evening on September 10, 2001.

Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Shields, 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.

Mayor Packard called for a moment of silence.

Mayor Packard welcomed everyone to the meeting. He informed the audience that later in the meeting, they would be going into an executive session and a decision would be made by the council after the executive session.

1. Mayor Packard asked if there were any questions or corrections on the minutes from the August 27, 2001 meeting. There were none so Mr. Beyer moved that the minutes be accepted as prepared. Mayor Packard seconded the motion. All concurred and the minutes were accepted as prepared.

2. Presentation of Certificate of Achievement to Ben Blankenship and Ronald S. Craig Jr. for earning the rank of Eagle Scout.

Mayor Packard presented certificate of achievement awards to two Union residents, Ben Blankenship and Ronald S. Craig Jr. for becoming Eagle Scouts. He congratulated the young men and their parents and handed out a framed certificate to each of the new Eagle Scouts.
Mr. O'Callaghan said he knew both young men and that it was important that they honor the Eagle Scouts since they will be tomorrow's leaders.

3. Mayor Packard asked if there were any comments or questions from the members of the audience. There were none.

4. THIRD READING - ORDINANCE 1233 - AN ORDINANCE AMENDING SECTION 1165.02 OF THE UNION CODE, RELATING TO DEFINITIONS. (three readings)

Mr. Beyer moved that they have the third reading and adopt Ordinance 1233. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1233 was adopted.

5. ONE READING - RESOLUTION 01- 12 - A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR.

Mr. Applegate said this was a resolution that was done each year to approve the amounts and rates determined by the budget commission of Montgomery County for the tax levies for the outside and inside millage. The street fund is the full three mills that was passed by the City of Union residents. The amount to be collected does reflect that.

Mr. Beyer moved that they have the one and only reading and adopt Resolution 01-12. Mr. Hissong seconded the motion. All concurred and Resolution 01-12 was adopted.

6. ONE READING - RESOLUTION 01-13 - A RESOLUTION CHANGING THE NAME OF PINOT NOIR DRIVE LOCATED IN CONCORD MEADOWS DEVELOPMENT, SECTION I, TO BURGUNDY DRIVE.

Mr. Applegate said a request was brought before the planning commission by the developer to change the name of a street located in Concord Meadow, Section 1, from Pinot Noir Drive to Burgundy Drive.
The planning commission approved the request to be brought before the council and Mr. Applegate said the staff recommends the approval of the resolution.

Mr. Beyer moved to have the one and only reading and adopt Resolution 01-13. Mr. O'Callaghan seconded the motion. All concurred and Resolution 01-13 was adopted.

7. Open Agenda

Mayor Packard asked if there were any problems in the city from the heavy rains the night before. Mr. Applegate said they had a little over two and one-half inches of rain but that the city had not received any calls.

Mr. O'Callaghan invited everyone to the Toll Road Festival on September 14 and 15 and asked for more volunteers.

Mr. Hissong asked if there were any problems with the Martindale Road park being open so late. Mr. Applegate said the park closes at dark and he had talked to the police chief and they have not had any calls. He said since Mr. Hissong had mentioned it, that he had re-confirmed the policy and the park is closed at dark. Mr. Applegate said that Mr. Hissong should tell the people that are talking to him that if they see anything they should call 911 and report it. Mr. Beyer clarified with Mr. Applegate and Chief Gessner that they should call 911.
Mrs. Terry thanked everyone from the City of Union that responded to the recent death of her father. She said she and her family appreciated the flowers and the people that offered support.

Mayor Packard moved to excuse Mr. Bruns from the meeting. Mr. Beyer seconded the motion. All concurred and his absence was excused.

Mr. Applegate had a flyer on mowing equipment that he passed out for the council to look at. The city has been upgrading their equipment and were looking at a mower that would cut grass on slopes. This mower could safely cut a forty degree slope and is capable of going up to a seventy-two degree slope. The City of Union was given a demonstration of how the mower operates by seeing how they could cut the slope of the Englewood Dam. The mower has a very low center of gravity and a cutting width of six feet. The cost is $24,700.00. The city does not have any equipment that can cut slopes so Union would like to purchase this on a five year lease.

Mayor Packard moved to purchase the mower. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Chief Gessner said that the Englewood Police would be assisting the Union police at the Toll Road festival this year.

Fire Chief Bergman said they have had personnel staying in the station so there should be a little quicker response times. As their man power builds, they will continue to staff the fire house. Right now, there are crews from Sunday to Wednesday, midnight. There are two crews all the time now, with both Englewood and Union participating.

Mayor Packard asked if they were having any trouble with the high school kids driving their vehicles back and forth to school. Chief Bergman said there had been a few traffic accidents with young people in the area. These accidents occurred during a recent rain storm.
Mayor Packard said they wanted to have an executive session and he also requested Mr. Applegate, Mrs. Winemiller, Mr. Moore, and Ms. Lynnette Ballato, an attorney, to attend the executive session. Mayor Packard move to have a recess from the council meeting to hold an executive session. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Beyer moved to reconvene the council meeting. Mayor Packard seconded the motion. All concurred and the motion was passed and the meeting was reconvened.

Mr. Beyer moved to amend the agenda to consider Resolution 01-14. Mr. Hissong seconded the motion. All concurred and the agenda was amended.

7. ONE READING - RESOLUTION 01-14 - A RESOLUTION APPROVING THE SETTLEMENT IN CASE # C-3-98-0045 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO.

Mr. Moore said in regard to amending the agenda and the resolution before the council, in consultation with the city's insurance counsel, Lynnette Ballato, and upon the advice of the insurance company, that they should resolve this matter completely on the terms set forth in the proposed settlement agreement that the council has reviewed, he asked that the council approve the resolution.

Mr. Beyer moved that they have the one and only reading and adopt Resolution 01-14. Mayor Packard seconded the motion. All concurred and the resolution was adopted.

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

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

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Sept. 24, 2001


Mayor Packard called the September 24, 2001, City of Union council meeting to order. The meeting was held on Monday evening, at 7:30 p.m. at Union's city hall.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, and Mrs. Shields. 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 Mrs. Terry had called to say she was ill and could not attend the meeting.
Mr. Hissong moved to excuse Mrs. Terry from the meeting. Mr. Bruns seconded the motion. All concurred and Mrs. Terry's absence was excused.

Mayor Packard said that Mr. Beyer was out of the state on business so Mayor Packard moved that Mr. Beyer's absence be excused. Mr. O'Callaghan seconded the motion. All concurred and Mr. Beyer's absence was excused.

Mayor Packard called for a moment of silence.

Mayor Packard asked for an additional moment of silence on behalf of the problems that the nation was having from the September 11 terrorist attack.

1. Mayor Packard asked if there were any comments or corrections on the minutes from the September 10, 2001 council meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. Hissong seconded the motion. Mr. Bruns abstained, the other councilmembers voted for the motion and the council minutes were approved.

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

Mr. Marsh said he was very proud of the fire department and their donation booth they held during the Toll Road Festival.

3. ONE READING - RESOLUTION 01-14 - A RESOLUTION AUTHORIZING THE COUNCIL OF THE CITY OF UNION TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A KUT KWICK MOWER FROM KUT KWICK CORPORATION.

Mr. Applegate said the council had approved the purchase of the mower at the last meeting and this was the actual resolution presented so the city could officially take possession of the new mower.

Mr. O'Callaghan commented that one resolution was for the purchase of the mower and the other resolution would allow the city to enter into a lease/purchase agreement. Mr. Applegate said both resolutions were necessary to complete this transaction.

Mr. Bruns moved that they have the one and only reading and adopt Resolution 01-14. Mr. O'Callaghan seconded the motion. All concurred and Resolution 01-14 was adopted on the first reading.

4. ONE READING - RESOLUTION 01-15 - A RESOLUTION AUTHORIZING ENTERING INTO A MASTER LEASE-PURCHASE AGREEMENT FOR THE LEASE PURCHASE OF A KUT KWICK MOWER.

Mrs. Shields moved they have the one and only reading and adopt Resolution 01-15. Mr. Bruns seconded the motion. All concurred and Resolution 01-15 was adopted on the first reading.

5. ONE READING - ORDINANCE 1236 - AN ORDINANCE ACCEPTING THE BID FROM CALVARY CONTRACTING, INC. FOR THE MUNICIPAL BUILDING RENOVATIONS AND ADA IMPROVEMENT PROJECT. (waive three readings)

Mr. Applegate said this is the result of the bids received in the city's efforts to remodel Union city hall and make it ADA accessible.

The best general contracting bid was from Calvary Construction. The company is located in Huber Heights. The city has checked their references and they received favorable responses. They believe that the work can be done within four to six months.
There are three resolutions to enter into contracts and the cost of all the work to be done comes to a total of $448,000. The city is hoping to be able to do some of the work and reduce their cost by ten to twenty thousand dollars and will try to reduce the total cost of the project to $400,000 to $425,000.
The city will be going back to the Community Development Block Grant program and apply for additional funds. They are presently funding $100,000 of the project for ADA improvements.

All of the plumbing work will be done at a savings of $17,000 since the city has a master plumber on the staff.
The city will also be doing the fire suppression system and have been talking with Bud Bergman and Dayton Fire Protection to get the job done for four to five thousand dollars instead of the fifteen to sixteen thousand dollars it would cost and the city will still be able to meet all the code requirements.

Mr. Applegate said the budget was very tight and they were doing what they could to save money. The total of the three contracts did not include plumbing, flooring, fire suppression system, and some other items.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1236. 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 Ordinance 1236. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1236 was adopted.

6. ONE READING - ORDINANCE 1237 - AN ORDINANCE ACCEPTING THE BID FROM YORK ELECTRIC FOR THE ELECTRICAL COMPONENTS OF THE MUNICIPAL BUILDING RENOVATIONS AND ADA IMPROVEMENT PROJECT. (waive three readings)

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1237. 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 ordinance 1237. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1237 was adopted.

7. ONE READING - ORDINANCE 1238 - AN ORDINANCE ACCEPTING THE BID FROM MECHANICAL SYSTEMS OF DAYTON, INC. FOR THE MECHANICAL COMPONENTS FOR THE MUNICIPAL BUILDING RENOVATIONS AND ADA IMPROVEMENT PROJECT. (waive three readings)

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1238. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Bruns moved to have the one and only reading and adopt Ordinance 1238. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1238 was adopted.

8. Open Agenda

Mayor Packard said he was proud that they went ahead with the Toll Road Festival. He said he was very pleased with the banner that was signed to send to the victims of the September 11, 2001 tragedy. He said that many people donated money to send to the people in New York.
In response to a question, the size of the banner is fifteen feet long and thirty-two inches wide. He said he was happy to be an official representing the City of Union. Mayor Packard said the banner will be sent to the Pentagon.
Mayor Packard showed a book with drawings from the Union Elementary, and the two day care centers in Union. He said the teachers and Dan Hall, the principal, were very happy with the results and the book was displayed at the Toll Road Festival. This book will be sent to Mayor Giuliani in New York. Mayor Packard read the letters that will be sent to the Pentagon and to the Mayor of New York.

Mrs. Shields said she knew there was talk about canceling the festival but she felt that it was a time where people needed to be together and talk. She said she was glad they had the festival and there were no words to adequately describe the banner, she said it was wonderful and a very nice thing to do.

Mr. O'Callaghan said they run the festival for the community and the residents are the ones that make it successful. He said it is a family festival and he saw many people that were there together as a family. He thanked the Englewood and Union police departments and the people that attended the festival. He thanked Mrs. Winemiller for managing the festival and making everything happen and he thanked Mr. Applegate for his help.
Mr. O'Callaghan said there had not been much coverage about the Toll Road Festival in the Englewood Independent. He said it would be nice if something could be in the paper about the festival, thanking everyone.

Mr. Bruns said they received a letter from Mrs. Winemiller, Clerk of Council, about the council dates conflicting with holidays.
Mr. Bruns moved that the meeting dates be changed as follows: the meeting for October 8, 2001 to be moved to October 9, 2001, the November 12, 2001 meeting to November 13, 2001, the December 24, 2001 meeting to December 17, 2001. Mr. O'Callaghan seconded the motion. All concurred and the council meeting dates were changed.

Mr. Bruns said the council's first meeting in October, on October 9, will be held at Mill Ridge Village Center, due to the work to be done on the city building.

Mr. Applegate said their goal is to move the police temporarily to 107 West Martindale Road next to the fire department. They will try to get the second floor construction done first, then move down to the first floor.
Mayor Packard wanted the citizens to know and Mr. Applegate said there will be signs posted. The city parking lot will be closed and they will be working with the VFW about the parking. The building will be open through the front door and there will be a partition to help in dust control. They will ask the people to bear with the construction.
Mayor Packard said he appreciated the invitation to hold their council meetings at the Mill Ridge community center.

Mr. Applegate said if they get most of the budgetary items done for the end of the year, they might not need to have the December 17, 2001 council meeting.

Chief Gessner thanked the Englewood police department and said they did a fine job and look forward to helping at the festival each year.

Fire Chief Bergman said he wanted to remind everyone that Fire Prevention week is October 7 to October 14 and they have already started their fire prevention activities and they will continue these until November. He cautioned everyone to check furnace filters, batteries in their smoke detectors, etc.

Mrs. Winemiller said they collected over seventeen hundred and fifty dollars in donations to the American Red Cross. The firemen's donations came to four hundred seventy-five dollars and they will match that and send in one thousand dollars to the Firemen's Relief fund.
The city is also planning a blood drive for October 31 at the firehouse and are still accepting people who want to sign up to give blood.
Mrs. Winemiller thanked the volunteers and said that they had a lot of sponsorship from local businesses. She added that she will have final figures for the next meeting but that they had done better this year than last year.
Mr. Applegate said they had a structure fire during the festival and the department did very well in fighting the fire. Due to the quick response, they were able to save most of the building and there was no damage on the homes on the either side of the house. Mr. Applegate said the department did a very good job.

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

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

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