Union City Council Meeting Minutes
Third Quarter 2003
 
July 14, 2003, Meeting Minutes
August 11, 2003, Meeting Minutes
September 8, 2003, Meeting Minutes
September 22, 2003, Meeting Minutes

 

July 14, 2003

Mayor Packard called the City of Union council meeting to order on July 14, 2003, at 7:30 p.m, Monday. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, and Mrs. Goudy.

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

Mayor Packard said that Mr. O'Callaghan was on vacation and Mr. Beyer had to go back into the hospital so he moved that Mr. Beyer and Mr. O'Callaghan be excused from attending the meeting. Mr. Bruns seconded the motion. All concurred and their absence was excused.

Mayor Packard welcomed everyone to the meeting and called for a moment of silence.

1. Mayor Packard asked if there were any comments or corrections on the minutes from the June 23, 2003 council meeting. There were none so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. Hissong 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.

Greg Tilton was present to make a presentation on Inventing Flight. He gave a brief history of the plans to celebrate the 100 anniversary of flight, and about the organization and their sponsorship of field trips, etc. Inventing Flight is a non-profit organization. He said he was there to represent Union and he said the organization had been very effective and the thirty students that had participated had learned and experienced many things.
Mayor Packard thanked Mr. Tilton for his presentation.
3. SECOND READING - ORDINANCE 1291 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mr. Bruns moved to have the second reading of Ordinance 1291. Mayor Packard seconded the motion. All concurred and Ordinance 1291 was passed to the third reading.


4. ONE READING - ORDINANCE 1293 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $254,700 CITY BUILDING IMPROVEMENT BOND ANTICIPATION NOTES, SECOND (2003) RENEWAL BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF IMPROVEMENTS TO THE CITY BUILDING AND DECLARING AN EMERGENCY.

Mr. Applegate said that this was the second renewal of note issues for the renovation of the city building and it has already been approved once by the council and after that, the notes can be passed with one reading.

Mr. Bruns moved that Ordinance 1293 be declared an emergency for the reasons set forth in the ordinance. Mrs. Goudy seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1293. Mayor Packard seconded the motion. All concurred and emergency Ordinance No. 1293 was adopted.

5. ONE READING - ORDINANCE 1294 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $124,000 WATERLINE REPLACEMENT BOND ANTICIPATION NOTES, FOURTH (2003) 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.

Mr. Applegate said this was a note issue for replacement of a water line on State Route 48 and has already gone through the three reading process so this could be passed as an emergency.

Mr. Bruns moved that Ordinance 1294 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. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1294. Mayor Packard seconded the motion. All concurred and emergency Ordinance No. 1294 was adopted.

6. ONE READING - ORDINANCE 1295 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $41,100 PROPERTY ACQUISITION BOND ANTICIPATION NOTES, FOURTH (2003) 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.

Mr. Applegate said this is also a fourth renewal and is for future expansion of the fire and EMS services.

Mr. Bruns moved that Ordinance 1295 be declared an emergency for the reasons set forth in the ordinance. Mrs. Goudy seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1295. Mayor Packard seconded the motion. All concurred and emergency Ordinance No. 1295 was adopted.

7. ONE READING - ORDINANCE 1296 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $184,000 WATER SYSTEM IMPROVEMENT BOND ANTICIPATION NOTES, FIRST (2003) RENEWAL BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COST OF IMPROVING THE CITY'S WATER SYSTEM BY INSTALLING NEW PRODUCTION WELL NUMBER 4 AND DECLARING AN EMERGENCY.

Mr. Applegate informed the council that this was the first renewal for the cost for adding Well No. 4. They are waiting for the delivery of the pump and motor and are in the final review and inspection process.

Mr. Bruns moved that Ordinance 1296 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. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1296. Mr. Hissong seconded the motion. All concurred and emergency Ordinance No. 1296 was adopted.

8. ONE READING - ORDINANCE 1297 - AN ORDINANCE CONSOLIDATING FOUR BOND ANTICIPATION NOTE ISSUES OF THE CITY OF UNION, OHIO AND DECLARING AN EMERGENCY.

Mr. Applegate the purpose of this ordinance was to combine the notes that had just been passed in order to get a better interest rate from a larger issue amount.
Since the notes have been approved by the council before, they can now pass this ordinance as an emergency measure.
Mr. Bruns moved that Ordinance 1297 be declared an emergency for the reasons set forth in the ordinance. Mrs. Goudy seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1297. Mayor Packard seconded the motion. All concurred and emergency Ordinance No. 1297 was adopted.

9. Open Agenda

Mayor Packard asked if Mr. Applegate wanted to discuss the Federal Emergency Mapping Agency's (FEMA) new flood plain maps. Mr. Applegate said they were updating the maps and the city will be asked in ninety days to pass an ordinance accepting the maps. The maps boundaries will be checked for accuracy, etc. and the entire process for the new maps takes approximately six months.

Mr. Hissong asked if they had considered putting decorative street lights down Martindale Road to the fire house. Mr. Applegate said they did have plans to do that in the future.
Mr. Hissong asked if State Route 48 had been completed. Mr. Applegate said it was not, due to recent weather conditions. They still needed to do landscaping and final grading. Mr. Hissong said it looked tremendous and Mr. Applegate said they had received many positive comments.

Mayor Packard informed Mrs. Terry that at the last meeting, the council had passed a resolution supporting several tax issues, the street levy and income tax and he asked that she consider backing those so the entire council would be in support of the issues on the ballot.

Mr. Bruns moved to appoint Gregory Tilton as Union's ambassador to the 2003 Inventing Flight and thanked him for his presentation. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. Applegate said the city had paid off a note issue from nine years ago for the water and sewer extension on Phillipsburg-Union Road to the Irongate plat.

Mr. Applegate said while he was gone, there had been some information on Turn to Two about storm water drainage. The particular location was 409 San Bernardino Trail. Mr. Applegate said he had had a chance to review the tape and he had met with Mrs. Terry. He said he wanted to point out to the council that he, as city manager, and the staff, do respond to calls. Mr. Applegate said Mrs. Terry had brought up the drainage on the property on July 23, 2001 and the city had contacted the Bramlage family and had checked the storm water system that the city is responsible for which was operating as it should. The city had met with the homeowners and told them that they felt the problem was with the next door neighbor who had changed the drainage plan. The city had received another call in May and a letter was sent to the homeowner prior to the Turn the Two situation requesting them to remove material from the storm swale. Mr. Applegate said he had kept Mrs. Terry appraised of what had been done. The city checked the grade on the yard and the problem is the yard downstream. The city's drain is open and working. Mr. Applegate said he had clarified some confusion concerning the report, that the cost of the pipe alone would be $300.00, not the whole project. Mr. Applegate also checked again with the law director and the city is responsible for the manholes, catch basins, storm swales that are owned by the city. The city is not responsible for drainage in the rear yards. Stacked wood, storage sheds, flower beds, etc. can block drainage. The corrections to the problem are the responsibility of the homeowner.
The city does respond to calls but in this case, the city is not responsible for problems occurring on private property.

Mr. Moore said unless the city had a right by deed or by the plat or an ordinance to go on people's property, they still need to get permission and the city is not allowed to spend tax payers money on private taxpayers property.
Mr. Hissong said when residents fill in their yard, it causes problems in other yards.
Mr. Applegate said these are civil problems and have to be resolved among the neighbors.
Mrs. Terry said she was more aware now of what the problem is and she asked if the city could check the situation and advise the residents when they call. Mr. Applegate said that the city always checked the situation and talked to the residents. Mr. Applegate said they always return calls, check things out and let people know what needs to be done.

Mr. Moore stated that the city can not solve any problems on private property unless they go through a formal process and are granted easements, etc.

Mr. Applegate mentioned the information in the council packets concerning the commemorative items celebrating the Bicentennial for Randolph Township

10. Mr. Bruns 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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August 11, 2003

Mayor Packard called the council meeting to order on August 11, 2003, Monday evening at 7:30 p.m.

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

Mrs. Terry was absent from the meeting. She had not contacted the city and was not excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections from the minutes of the July 14, 2003 council meeting. There were no comments so Mr. Bruns moved that the council minutes be approved. Mr. Hissong seconded the motion. Mr. O'Callaghan and Mr. Beyer abstained, the other councilmembers voted for the motion and the minutes were accepted as prepared.

Mayor Packard welcomed Mr. Beyer back to the council meetings after his hospital stay.

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

Mrs. Collins passed around some pictures including the wagon train that passed through Ohio on State Route 40 as part of Ohio's bicentennial celebration. Mrs. Collins participated in the wagon train trip and relayed some information concerning daily life during that time.

3. THIRD READING - ORDINANCE 1291 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mr. Bruns moved to have the third reading and adopt Ordinance 1291. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1291 was adopted.


4. ONE READING - ORDINANCE 1298 - AN ORDINANCE ADOPTING A STATEMENT INDICATING SERVICES THE CITY OF UNION, OHIO, WILL PROVIDE TO THE 49.676 ACRE TERRITORY PROPOSED TO BE ANNEXED FROM BUTLER TOWNSHIP, MONTGOMERY COUNTY TO THE CITY OF UNION AND BUFFER REQUIREMENTS THE CITY WILL ENFORCE AS PROVIDED BY OHIO REVISED CODE SECTION 709.023 AND DECLARING AN EMERGENCY.

Mr. Applegate said this would authorize a statement of services for a new annexation. This was a one hundred percent annexation petition and was part of the requirement under the new regulations. There are no public hearings required now but the city needs to meet the technical requirements of the law. This annexation has been filed.

Mr. Bruns moved that Ordinance 1298 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1298. Mr. Beyer seconded the motion. All concurred and emergency ordinance 1298 was adopted.

5. ONE READING - ORDINANCE 1299 - AN ORDINANCE ADOPTING A STATEMENT INDICATING SERVICES THE CITY OF UNION, OHIO, WILL PROVIDE TO THE 94.927 ACRE TERRITORY PROPOSED TO BE ANNEXED FROM BUTLER TOWNSHIP, MONTGOMERY COUNTY TO THE CITY OF UNION AND BUFFER REQUIREMENTS THE CITY WILL ENFORCE AS PROVIDED BY OHIO REVISED CODE SECTION 709.023 AND DECLARING AN EMERGENCY.

Mr. Applegate showed the location of the second annexation on the map. This is also a one hundred percent participation annexation.
Mayor Packard asked if there would be any opposition to annexations since these were one hundred percent participation and this new law went into effect last year. Mr. Applegate said the trustees could pass a resolution opposing the annexation but the way the new law is written, as long as the city meets the technical requirements, the annexation should be granted. Mr. Applegate said the new law states that the city must file the statement of services ordinance within twenty days of filing the annexation petition.

Mr. Bruns moved that Ordinance 1299 be declared an emergency for the reasons set forth in the ordinance. Mr. Beyer seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1299. Mr. Beyer seconded the motion. All concurred and emergency ordinance 1299 was adopted.

6. ONE READING - RESOLUTION 03-05 - A RESOLUTION AUTHORIZING THE CITY OF UNION TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAM(S) AND TO EXECUTE CONTRACTS AS REQUIRED. (Merrymaid Drive Storm Sewer and Replacement Project)
Mr. Applegate said this is the first of two applications that the city has submitted for Issue II.

Mr. Bruns moved to have the one and only reading and adopt Resolution 03-05. Mayor Packard seconded the motion. All concurred and the motion was passed.

7. ONE READING - RESOLUTION 03-06 - A RESOLUTION AUTHORIZING THE CITY OF UNION TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAM(S) AND TO EXECUTE CONTRACTS AS REQUIRED. (Rinehart Road Sanitary Lift Station Elimination)

Mr. Applegate said this was another application for Issue II grants and this would remove the lift station that serves the Concord Farms West area and replace with a gravity sewer line.
Mr. Bruns asked how much the grant would cover. Mr. Applegate said that both grants would cover seventy-five percent of the costs. The city's share would be twenty-five percent.

Mr. Bruns moved to have the one and only reading and adopt Resolution 03-06. Mr. O'Callaghan seconded the motion. All concurred and Resolution 03-06 was adopted.

8. Setting a public hearing to amend the final plat procedures in the Union Code concerning an erosion and sediment control plan as required by the new NPDES Phase II stormwater regulations.

Mr. Applegate said that the council was aware that the City of Union had received their NPDES permit and had a certain time frame to make several changes as part of the permit. A new section was needed to be added to the City of Union Code. Mr. Applegate read information about the erosion and sediment control plan that would now be required.

Mr. Applegate said the council would be provided with information and that a public hearing would need to be set concerning this.
Mr. Beyer moved to have a public hearing on September 22, 2003 to amend the final plat procedures in the Union Code concerning an erosion and sediment control plan as required by the new NPDES Phase II stormwater regulations. Mayor Packard seconded the motion. All concurred and a public hearing for final plat procedures was set for September 22, 2003.

9. Open Agenda

Mr. Packard recognized two Boy Scouts from Troop 246.

Mayor Packard said he was glad that the Slurry Seal was being applied to West Martindale Road and some of the other roads in the city.

Mr. Beyer said it was nice to be back and that he was glad there had been a resolution supporting the income tax and that he supports the issue. Mayor Packard said he had asked Mrs. Terry at the last meeting and she had also indicated that she supported the income tax also.
Mr. Beyer said his kidney was doing well (after a recent kidney transplant) and he would urge everyone to consider being an organ donor and discussing the matter with their families.
He also said that regarding a vote from the council that was taken while he was gone, that he would have opposed the purchase of the church on the corner of Martindale Road and Montgomery Road.

Mr. O'Callaghan said he was troop leader of Boy Scout Troop 246 and that when the city took down a dead tree at the end of their parking lot, they donated the wood to the scout troop which he appreciated.
Mr. O'Callaghan said the Lodge family at 365 Rinehart Road was awarded the City of Union Beautification award. He said they had a beautiful property and he urged people to drive by and see it.
He also reminded everyone that the Toll Road Festival was coming up.

Mr. Hissong said that State Route 48 was looking tremendous and that the maintenance crew had done a great job.

Mr. Bruns asked if Mrs. Terry had called in, explaining her absence. She had not so he asked that the record reflect that.

Mr. Applegate welcomed Mr. Beyer back.

Mr. Applegate said information had been provided to the council that the state was increasing the tipping fees by an extra $0.25 per ton, from $1.75 to $2.00 per ton. Rumpke was increasing their charge to Union to reflect the change. Mr. Applegate said the city is not going to increase the trash rate at the present time.

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

Respectfully submitted,

_______________________
Denise A. Winemiller,
Clerk of Council
_______________________
Lawrence Beyer, Vice Mayor

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September 8, 2003

Mayor Packard called the City of Union council meeting to order on September 8, 2003, at 7:30 p.m., Monday evening.

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

City staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Michael Blackwell, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard moved to amend the agenda, dropping item 6, Resolution 03-07 from the agenda until a future meeting. Mr. Bruns seconded the motion. All concurred and the agenda was amended.
In response to Mr. Beyer's question, Mr. Applegate said the resolution was being dropped from the evening's agenda at the request of the county auditor's office.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections for the minutes from the August 11, 2003 meeting. Mr. Bruns asked that there be an additional information added on page 5. The minutes state there was a motion made by Mr. Beyer for a public hearing. Mr. Bruns asked that the information on who made the second on the motion and that the motion was passed by the councilmembers be included. Mr. Bruns moved that the council minutes be approved with that correction made. Mr. Beyer seconded the motion. All concurred and the motion was passed.

2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience.
Two residents had indicated they wanted to address the council. Mayor Packard recognized Glynn Marsh from the Randolph Township Historical Society. Mr. Marsh said they were gearing up to celebrate the 200 year anniversary of Randolph Township. They have commissioned a few items that he wanted to present to the council. One item is a calendar which shows both what existed before, and what is there now. There were also aerial views of each city.
Mr. Marsh presented both a Randolph Township mug and calendar to the city. The Randolph Township Historical Society will have a booth at the City of Union Toll Road festival and will be selling these items and have historical exhibits.
Mr. Marsh thanked everyone for their continued support to the Randolph Township Historical Society.

Mayor Packard recognized Judy Collins. Mrs. Collins talked to the residents about pioneer days in Ohio and some one room school houses that had existed in the area.

3. Swearing in of John Parrish as Captain of the Union Fire Department.

Mayor Packard recognized councilmember Mr. Hissong. Mr. Hissong said, "I disagree with this Item 3 because this person is sworn in tonight is supposed to represent the complete City of Union and he has not in the past. The school system is part of our city and has always been. He's campaigned very hard against the school system - so I'll not support this. "

Mayor Packard said that Mr. Parrish had been with the fire department for twenty-two years and would be replacing John Applegate as Captain of the Fire Department. Mayor Packard thanked Mr. Applegate for the last 26 years he had served on the fire department. Mayor Packard expressed his confidence in Mr. Parrish's ability to take care of the City of Union Fire Department.
Mr. Parrish was sworn in as the new Captain.

Mayor Packard commented that as the City of Union was still growing, this change would allow Mr. Applegate to continue his expanding duties as city manager. Mr. Applegate will still be a member of the fire department.

Mr. Applegate said Mr. Parrish will do a very good job as captain. Mr. Applegate added that Mr. Parish has the interest, is willing to work with people, and is very capable.

Fire Chief Bergman presented Mr. Applegate with a plaque for his twenty-six years of dedicated service to the fire department.

4. ONE READING - ORDINANCE 1301- AN ORDINANCE AMENDING ADMINISTRATIVE CODE CHAPTER 153 OF THE CITY OF UNION CODE AND DECLARING AN EMERGENCY.

Mr. Applegate said there were two ordinances on the agenda, 1301 and 1302, that deal with the Union contract that was in negotiation with the Ohio Patrolmen's Benevolent Association. The first ordinance is with the changes that they have agreed to through binding arbitration. The changes consist of an additional personal day, a new schedule for annual leave, and a change in overtime pay and procedures.
Mayor Packard asked for Mr. Applegate to also explain Ordinance 1302. Mr. Applegate said this ordinance authorizes the city manager to finalize the contract. Mr. Applegate indicated the body of the ordinance explained that it was a three year contract with a wage re-opener clause in the third year.

Mr. Bruns moved that Ordinance 1301 be declared an emergency for the reasons set forth in the ordinance. Mrs. Goudy 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 1301. Mr. Beyer seconded the motion. All concurred and ordinance 1301 was passed.

5. ONE READING - ORDINANCE 1302 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE OHIO PATROLMEN=S BENEVOLENT ASSOCIATION AND DECLARING AN EMERGENCY.

Mr. Bruns moved that Ordinance 1302 be declared an emergency for the reasons set forth in the ordinance. Mr. Hissong seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance 1302. Mr. Beyer seconded the motion. All concurred and the motion was passed.

6. ONE READING - RESOLUTION 03-08 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MONTGOMERY COUNTY TO PROVIDE EMERGENCY PREPAREDNESS, HOMELAND SECURITY AND EMERGENCY MANAGEMENT SERVICES FOR THE CITY OF UNION.

Mr. Applegate said this resolution deals with an agreement with Montgomery County Emergency Management Authority. There has been a re-organization within Montgomery and it was staff's recommendation to approve the document and become a member. Mr. Bruns commented that even if the city did not agree to become a member, Montgomery County would still assist the city. Mr. Applegate said that was correct but this resolution authorizes a way of funding this very beneficial organization.

Mr. Bruns moved to have the one and only reading and adopt Resolution 03-08. Mayor Packard seconded the motion. All concurred and Resolution 03-08 was adopted.

7. Open Agenda

Mayor Packard thanked all the firefighters and EMT's that attended the council meeting showing support for the new Captain of the Fire Department, John Parrish.

Mayor Packard said that it was the 20th year for the Toll Road Festival and he invited everyone to attend.

Mr. O'Callaghan also invited everyone to the Toll Road Festival.

Mr. Hissong said that Mr. O'Callaghan and Mrs. Winemiller spent a tremendous amount of time working on the festival and he asked for volunteers to help at the festival.
Mr. Hissong said that people that he had talked to were for the police levy but they still did not understand the income tax. He asked how the city could inform the residents.
Mr. Applegate said information was in the recent newsletter and the simplest way to tell residents would be if they were paying an income tax somewhere else, they would not pay the City of Union. Mr. Applegate said he would be happy to meet with any one or any group.
Mr. Hissong said he hoped that everyone would get out and vote.

Mrs. Terry congratulated Mr. Parrish for his position of Captain. She said that the fire/emergency squad had always been wonderful.
Mrs. Terry also commented that the town was looking very well.

Mr. Bruns congratulated Mr. Parrish and thanked Mr. Applegate for all his work as the former captain of the fire department.

Mr. Bruns moved that the City of Union council support the income tax and the police levy. Mr. Beyer seconded the motion. All concurred and the motion for the council to support the income tax and police levy was passed.

Mr. Applegate said there would be a guest speaker at the next meeting concerning the Human Services Levy. He added that he had received a call informing him that the council could endorse the levy as a council. Mr. Applegate said he would like to get the council's approval before contacting Montgomery County. There will also be a resolution that the council will be asked to consider later. Mr. Applegate said the county was working on sending out literature and wanted to list Union as one of their supporters.
Mr. O'Callaghan moved that the City of Union council support the Human Services levy. Mr. Hissong seconded the motion. All concurred and the motion was passed.

Mr. Applegate said the council had received a copy of a letter from the Mayor of Englewood to the Dayton Daily News about a negative article in the paper about Englewood. Mr. Applegate had gotten permission from the city manager of Englewood to distribute it to the council.

Mrs. Terry said she had really enjoyed the information that Mrs. Collins had been providing to the council on behalf of the Ohio Bicentennial.

Chief Blackwell said that his department would be enforcing traffic laws, specifically DUI, speeding, and seat belt violations. He said they had received a state grant to fund this. Chief Blackwell said that he helped the visibility of the police department would deter other criminal activities.
Mayor Packard asked about the trailers that report the speed that people are traveling. Chief Blackwell said those are owned by the individual departments and are quite expensive but they would look into getting one for Union some time in the future. The cost is roughly ten to fifteen thousand dollars. Chief Blackwell said he has also provided copies of the month's police statistics for August to the council.

Fire Chief Bergman asked if the council had seen the article in the Dayton Daily Newspaper on pre-hospital care, specifically cardiac care. Chief Bergman said he wanted to reassure the residents that Union does have that capability. They do an in-depth EKG which saves time at the hospital. They use a defibrillator from Englewood and have received a grant to upgrade one of their own defibrillator units. These are 20,000 dollar machines and there is extensive maintenance but Chief Bergman said that between that and the newer medications available, these major innovations are making a difference in peoples lives and the chances of surviving a heart attack are much better now than five to ten years ago. Chief Bergman urged residents to call the emergency squad when experiencing first chest pain and not waiting.

Chief Blackwell said the police department has defibrillators donated by the American Heart Association and all officers have been trained to use them.

Mayor Packard thanked everyone for attending the meeting.

8. Mr. Beyer moved that the council meeting be adjourned. Mr. Hissong 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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September 22, 2003

The City of Union council meeting was called to order by Mayor Packard on Monday evening, September 22, 2003. The meeting was delayed due to the council and staff attending a memorial service for Mary Hewell, longtime Union resident and Union's former Clerk Treasurer and Finance Director.

Attendance was taken and the following councilmembers were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, 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 September 8, 2003 meeting. There were none so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. All concurred and the minutes were accepted as prepared.

2. Presentation by Franz Hoge, Chairman of Human Services Levy Council.

Mr. Hoge asked the council for their endorsement for Issue 2 on the November ballot for the Human Services Levy. He gave a brief history of the levy, how it helps and provides immunizations for children. The levy also benefits the senior citizens that have disabilities and also the elderly that have no funds but want to remain at home.
Mr. Hoge said they are asking for a replacement of the 5.03 millage on the ballot of the existing millage plus an additional 1 mill. It would be approximately a $6.25 increase a month for homes with $100,000 fair market value.
Mr. Hoge thanked the council for allowing him to make his presentation and he offered to answer any questions. In answer to Mr. Brun's question, Mr. Hoge said if the levy would fail, they would lose forty million dollars.
Mayor Packard thanked Mr. Hoge for his presentation to the council.

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

Mayor Packard recognized Mr. David Haack. Mr. Haack was representing the VFW and he wanted to thank the Mayor for all his support. He said that he always attends their service and gave an outstanding speech for Memorial Day. He said they appreciated it. He said on behalf of Veterans of Foreign Wars of the United States he wished to present Mayor Packard with an award for meritorious and distinguished service and for furthering the aims and ideas of the Veterans of Foreign Wars of the United States of America.

Mayor Packard thanked Mr. Haack and said it had been a pleasure working with the VFW.

Mayor Packard recognized Judy Collins. She distributed literature about Marblehead Light house at Lake Erie, as part of the Ohio Bicentennial celebration.

4. Public hearing on amending Chapter 1109, Final Plat Procedures of the Union code, adding a new section on an erosion and sediment control plan.

Mayor Packard opened up the public hearing.

Mr. Applegate was the only person that had indicated that he wanted to speak so he was sworn in by Mayor Packard.

Mr. Applegate explained that this was to add a new section to the subdivision requirements for an erosion and sediment control plan, as required by the NPDES Phase II stormwater regulations. The city has five years to complete the program and this is the first step of several that will need to be done.

There were no questions so Mr. Applegate requested that the three readings be waived for Ordinance 1300 and that the agenda be amended.

The public hearing was closed.

Mr. Bruns moved to amend the agenda, for item # 5, Ordinance 1300, waiving the three readings. Mayor Packard seconded the motion. All concurred and the agenda was amended.

5. ONE READING - ORDINANCE 1300 - AN ORDINANCE AMENDING CHAPTER 1109, FINAL PLAT PROCEDURES OF THE UNION CODE, ADDING A NEW SECTION 1109.02 (d)(4) ON AN EROSION AND SEDIMENT CONTROL PLAN AS REQUIRED BY THE NEW NPDES PHASE II STORMWATER REGULATIONS FOR CONSTRUCTION SITES PROGRAM. (waive three readings)

Mr. Beyer moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1300. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.
Mr. Beyer then moved to have the one and only reading and adopt Ordinance 1300. Mr. Bruns seconded the motion. All concurred and Ordinance 1300 was passed.

6. ONE READING - 03-07 - 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 an annual housekeeping resolution that the city did for the Montgomery County Auditor's Office. The resolution was accepting the rates as determined by the budget commission and authorizing it. The staff recommends the approval.
Montgomery County asked that the resolution be removed from the last agenda due to some confusion on the county auditors part about inside millage with Butler Township where some money was paid to Union instead of Butler Township because of annexations.

Mr. Beyer moved to have the one and only reading and adopt Resolution 03-07. Mr. Bruns seconded the motion. All concurred and resolution 03-07 was passed.

7. ONE READING - 03-09 - A RESOLUTION IN SUPPORT OF THE MONTGOMERY COUNTY'S HUMAN SERVICES ISSUE ON THE BALLOT NOVEMBER 4, 2003, FOR THE PURPOSE OF HEALTH AND HUMAN OR SOCIAL SERVICES PURSUANT TO O.R.C. SECTION 5705.191.

Mr. Applegate said that this was the resolution that would show the support of the council for the Montgomery County's Human Services levy. Mr. Applegate said that at the last meeting, they did have a motion of support so they could use Union's name on literature that was distributed. This will be a formal action of what was done a few weeks ago.
Mr. Applegate spoke highly of the levy, saying it was cost effective. Mr. Applegate said it was vital that the council show their support and he recommended the passage of the ordinance.

Mr. Beyer moved to have the one and only reading and adopt Resolution 03-08. Mr. Bruns seconded the motion. All concurred and Resolution 03-08 was passed.

8. Open Agenda

Mayor Packard asked if they were getting ready to pick up leaves. Mr. Applegate said they were ready.

Mr. O'Callaghan thanked everyone for a successful Toll Road festival. Mr. O'Callaghan thanked all the volunteers, staff, councilmembers and their spouses for helping. He also thanked Mrs. Winemiller. She thanked the secretaries for helping out with the festival.

Mr. Hissong said the maintenance crew had done a tremendous job in cleaning up the streets on Sunday. He said that was a hard job and he said Mr. Applegate had done a good job.

Mrs. Terry also thought they had done a good job cleaning up from the festival. Mrs. Terry wanted to thank the VFW for all their work. She said they played an important role in the community.

Mayor Packard commented on the dunking booth at the fire department. He said he was talked into volunteering for an hour and he thought it was a good fund raiser for the fire department.

Mr. Applegate said that Montgomery County approved the two annexations and the Supreme Court denied hearing the appeal on the 618 acres that was the Waterwheel Farm annexation in Miami County.

Mr. Applegate thanked Mr. Hoge for his presentation and stated it was a worthwhile cause.
Mr. Applegate also thanked the council for allowing them to attend the memorial service for Mrs. Hewell before the meeting. He said she was a valuable employee of the city and he thanked the citizens who waited for the council meeting to begin.

Mr. Moore said he had an update for the council on a zoning case involving the Johnsons. The case is still pending and the city has submitted a brief so there may be a decision by the next meeting.

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

Respectfully submitted,

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Denise A. Winemiller,
Clerk of Council
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Lawrence Beyer, Vice Mayor

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