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Mayor Packard
called the July 11, 2005 City of Union council meeting to order
at 7:30 p.m. on Monday at Union city hall. Mayor Packard said he had received a phone call from Mrs. Terry. Her husband was ill and in the hospital in Intensive Care. Mayor Packard moved to excuse Mrs. Terry's absence from the council meeting. Mr. Bruns seconded the motion. All concurred and her absence was excused. Mayor Packard called for a moment of silence. 1. Mayor Packard asked if there were any additions or corrections to the minutes from the June 27, 2005 council meeting. There were no corrections so Mr. Bruns moved that the minutes be approved. Mr. Hissong seconded the motion. All concurred and the council minutes were accepted as prepared. 2. There were no questions or comments from the citizens and visitors in the audience. 3. Public hearing on the re-employment of John Applegate for the position of City Manager for the City of Union. Mayor Packard
closed the regular meeting and opened the public hearing. Mayor
Packard gave a brief history of Mr. Applegate's time and service
for the City of Union. Mayor Packard said he had been on the
city council for twenty-two years and he appreciated what Mr.
Applegate had done for the city in that time. He said it had
been a privilege working with Mr. Applegate and watching the
city grow in a positive way. Mayor Packard said Mr. Applegate
had done a great job. The public hearing was closed by Mayor Packard. 4. ONE READING
- ORDINANCE 1364 - AN ORDINANCE REAPPOINTING MR. JOHN Mr. Bruns moved to have Ordinance 1364 declared an emergency for the reasons set forth in the Ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed. Mr. Bruns then moved to have the one and only reading and adopt emergency ordinance 1364. Mr. O'Callaghan seconded the motion. Mr. Beyer said
he would like to point out a couple of things. Mr. Beyer said
Mr. Applegate did know where every valve and pipe and easement
was located within the City of Union. Mrs. Winemiller said it had been a pleasure working with Mr. Applegate and she was very happy he was staying on. She said she was looking forward to accomplishing a few more projects before he retires and he was an asset to the city. She added that she didn't know anyone that had more vision for what he wanted to accomplish for Union. Mr. Moore said
he had experience in working for cities and Mr. Moore said Mr.
Applegate was a nice person to work for, and he had great vision
for the City of Union. Mr. Moore said he had no self motivation
about what is best for him, he has the public interest and the
City of Union at heart and he had seen that consistently throughout
the years. Mr. Moore said Mr. Applegate was an irreplaceable
person for the role that he has for the City of Union. Mr. Bruns said a motion to pass ordinance 1364 was made and seconded. All concurred and Ordinance 1364 was passed. Mr. Applegate said with his forty-one years plus working for the city, he had found working for the city a labor of love. He wanted to live in Union the rest of his life. He said it was hard to put into words what the city meant to him and how much the council had accomplished throughout the years. Mr. Applegate said the city had made great strides but still had some things to do and he appreciated that the council took the action and re-hired him. He said he looked forward to finishing some things. Mayor Packard asked Mr. Applegate to come forward and be sworn in as Union's City Manager. 5. Adoption by motion of the Fiscal year 2006 asking budget. Mr. Beyer said
that the budget committee held several budget committee meetings
and a public hearing last Wednesday evening and no one from the
public attended that meeting. Mr. Beyer said they agreed on the
budget and the budget committee for the City of Union recommends
the passage of the Fiscal year 2006 asking budget. 6. Open Agenda Mayor Packard said at the last meeting, he had brought up some problems that a resident was having. She was advised to contact the Union police department. Since the meeting, Mayor Packard reported that she had contacted the Union Police and her situation was improving. Mayor Packard said she appreciated the help from the police department. Mr. O'Callaghan
asked for volunteers for the Toll Road Festival which will be
held on September 9 and 10. Mr. Bruns said he wanted to reserve his comments on Mr. Applegate's retirement when he left the city. He said Mr. Applegate would continue to work for the city and would keep on going. Mr. Applegate said he had signed the contracts for the two Issue II grants for Old Springfield Road and the Phase IV Storm Sewer on Morning Glory. He said he would like a motion from the council that he could put the projects up for bids when they were ready. Mr. Beyer moved that the City of Union go out for bids for the Issue II projects. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed. Mr. Moore said that the council had recently received a letter from a Union resident on landscaping in Union's right of way. On June 30, she sued the City of Union, trying to get a restraining order. She filed it herself and the court did not grant her a restraining order. The issue involves whether the city is allowed to control the right of way that the City of Union owns. There was no restraining order issued. There will be a hearing this week and the city would be following up on that. 7. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the council meeting was adjourned. Mr. Bruns reminded everyone that there would not be a second meeting in July. The next meeting would be on August 8, 2005.
Respectfully submitted, _________________________
The City of Union council meeting was called to order by Mayor Packard on August 8, 2005 at 7:30 p.m. Attendance was taken and the following council members were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, 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 from the minutes of the July 11, 2005 council meeting. There were no corrections mentioned so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. Mrs. Terry abstained and the other council members voted for the motion. The council minutes for the July 11, 2005 council meeting were accepted as prepared. 2. There were no comments from the citizens and visitors in the audience. 3. Appointment
and swearing in of Carolyn Bruns as City of Union Park Board
Member. 4. ONE READING
- ORDINANCE 1365 - AN ORDINANCE AUTHORIZING AND Mr. Applegate said this was a necessary annual housekeeping ordinance. The rates charged for street lights through out the city are the same as before but some of the fees per lots have been changed due to the increased number of poles installed and the number of recorded lots within each subdivision. Mr. Bruns moved
to suspend the charter requirement of three separate readings
on three separate days in regard to Ordinance Number 1365. Mr.
Beyer seconded the motion. All concurred and the motion was passed. 5. ONE READING
- ORDINANCE 1366 - AN ORDINANCE AMENDING CHAPTER 741.17 OF Mr. Applegate said this was a request to increase the monthly trash rate. Mr. Applegate said they had received a letter from Rumpke Waste Inc. and there was an increase in what they were charged for solid waste disposal. As part of the budget bill passed recently by the State of Ohio to balance their Ohio budget, they have increased their rates. This will affect the monthly trash rate for the City of Union residents by an increase of twenty-five cents per month. Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1366. 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 Ordinance 1366. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1366 was adopted on the first reading. 6. ONE READING
- ORDINANCE 1367 - AN ORDINANCE ACCEPTING THE BID FROM Mr. Applegate said that they had completed Phase III which was the Merrymaid storm sewer and this was Phase IV. Mr. Applegate said that the lowest bidder and one other bidder were non-responsive and did not complete their equal opportunity forms and he referred the council to the memorandum information from Griffith's Vanden-Bosch. Mr. Applegate said it was staff's recommendation to award the bid to Balsbaugh Excavating Inc. Mr. Bruns raised a question on the number of days on the bid. Mr. Applegate said they can let the contractor choose the days. He said the days do not have a great deal of bearing on awarding the bid. He said that the city chooses the lowest and most favorable bid and the days are considered a part of that. In this case, two of the contractors failed to fill out the forms that are required by law for all bids. Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1367. Mr. Beyer seconded the motion. All concurred and the motion was passed. Mr. Bruns moved to have the one and only reading and adopt Ordinance 1367. Mrs. Goudy seconded the motion. All concurred and Ordinance 1367 was adopted. 7. ONE READING
- RESOLUTION 05-01 - A RESOLUTION AUTHORIZING THE FINANCE Mr. Applegate said the city was going to receive money from FEMA for the flooding that had occurred. They will use the funds to bury the electric lines. The city is required to set up a separate fund or they would not receive the money. Mr. O'Callaghan moved to have the one and only reading and adopt Resolution 05-01. Mr. Beyer seconded the motion. All concurred and Resolution 05-01 was adopted. 8. ONE READING
- RESOLUTION 05-02 - A RESOLUTION AUTHORIZING THE CITY OF Mr. Applegate
said this is one of two ordinances to authorize the city to submit
an applications for Issue II grants. The first is for the Rinehart
Road Sanitary Lift Station and the second one is for the sludge
irrigation system for the waste water treatment plant. 9. ONE READING
- RESOLUTION 05-03 - A RESOLUTION AUTHORIZING THE CITY OF Mr. Applegate said the sludge irrigation system was done in 1985 and due to corrosion, etc. the city wants to replace the irrigation system. Mr. Bruns moved to have the one and only reading and adopt Resolution 05-03. Mr. O'Callaghan seconded the motion. All concurred and Resolution 05-03 was adopted. 10. Open Agenda Mayor Packard said that Mrs. Goudy had needed the City of Union ambulance last week. Mrs. Goudy said the response of the police and ambulance was fantastic, and the people were wonderful and knowledgeable. She said the city was very fortunate to have that group of men and women working for them. Mr. Beyer announced he would occasionally be sitting when necessary during the pledge of allegiance and wanted everyone to know he was not being unpatriotic. Mr. O'Callaghan reminded everyone that the Toll Road Festival was September 9th and 10th. He suggested that people stop by and meet the newest park board member, Carolyn Bruns. Mr. O'Callaghan asked for volunteers. The next council meeting will be September 12, so this is the last meeting before the festival. Mr. O'Callaghan asked about the status on remodeling the fire department. Mr. Applegate said the plans are about ninety-five percent completed and they would be looking at starting the project the first of next year. Mr. Hissong said that they had some automobile break ins on West Martindale Road. Mrs. Terry said they had some problems with kids on Merrymaid rummaging through people's back yards. Mr. Beyer said if it was kids, it would be past the curfew. Mr. Applegate said he would discuss the matter with Chief Blackwell. Mr. Applegate said they had put up new fencing on Old Springfield Road and River Road. Mr. Moore reported that the lawsuit filed by former Police Chief Dan Gessner had been withdrawn voluntarily by Mr. Gessner. Mr. Moore also said that the Water Wheel Farm annexation (Jackson Road) would be probably moving forward to the Supreme Court and he would have more information by the next meeting. He also said that the police were active in Miami County and Union Township and he was working with the court system there on Union police arrests. 11. Mr. O'Callaghan moved that the council meeting be adjourned. Mr. Beyer seconded the motion. All concurred and the council meeting was adjourned. Respectfully submitted, _________________________
Mayor Packard called the September 12, 2005, City of Union council meeting to order. Attendance was taken and the following council members were at the meeting: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director. Mayor Packard said that Mrs. Goudy had called him at home and said she was having some health problems and had been at the hospital. Mayor Packard moved to excuse Mrs. Goudy from attending the council meeting. Mr. Beyer seconded the motion. All concurred and Mrs. Goudy was excused from attending the council meeting. Mayor Packard called for a moment of silence. 1. Mayor Packard asked if there were any additions or corrections from the council minutes from the August 8, 2005 meeting. There were no corrections so Mr. Bruns moved that the minutes be approved. Mr. O'Callaghan seconded the motion. All concurred and the council minutes were accepted as prepared. 2. Citizens' and Visitors' Comments Mayor Packard
said that Mrs. Judy Collins, 409 West Martindale Road, had asked
to address the council. Through the Daughters of the American
Revolution, (D.A.R.) Mrs. Collins had been able to obtain Time
Life books on the September 11th tragedy published since this
is the fourth year since 3. ONE READING - ORDINANCE 1368 - AN ORDINANCE ADOPTING AND IMPLEMENTING A PROGRAM FOR THE REUTILIZATION OF NONPRODUCTIVE LAND SITUATED WITHIN THE CITY OF UNION, OHIO. (waive three readings) Mr. Applegate said this was concerning the REAP program created by Montgomery County, which stands for Real Estate Acquisition Program. Mr. Applegate read the information provided by Montgomery County that explained the program. REAP is an
acronym for Montgomery County's Real Estate Acquisition Program
authorized by Section 5722 of the Ohio Revised Code. In making
REAP available, our primary goal is to assist electing cities
and subdivisions in gaining possession of certified delinquent
properties and making these parcels available to communities
for development. A secondary goal is to reduce the number of
tax delinquent properties which produce no revenue for the county
and costs local governments precious tax dollars to maintain. Mr. Applegate said this is state law included in the Ohio Revised Code. After the second Sheriff's sale, when it would go to the third Sheriff's sale, the city would be able to obtain the property at no cost. Mr. Applegate said that one or two delinquent properties on a street can drag down the whole neighborhood. The city would even be able to obtain empty lots, properties without a house. Mr. Bruns said he could not see a down side to this new policy. Mr. Applegate said that the city has a Master Plumber and Master Electrician on the staff and could provide labor so the city would have options on whether to sell or fix up the property. Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance No. 1368. 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 Ordinance No. 1368. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1368 was adopted. 4. ONE READING
- RESOLUTION 05-04 - A RESOLUTION ACCEPTING THE AMOUNTS Mr. Applegate said this was an annual housekeeping resolution and dealt with the money that the city would receive from all of the levies. Mr. Applegate said that the staff requests the council to adopt this resolution. Mr. Beyer moved to have the one and only reading of Resolution 05-04. Mr. O'Callaghan seconded the motion. All concurred and Resolution 05-04 was adopted. 5. ONE READING
- RESOLUTION 05-05 - A RESOLUTION ENDORSING THE GREATER Mr. Applegate said this resolution had been well publicized with news releases and public meetings. The Miami Valley Regional Planning Commission has established a set of principles established for the area and they are asking the communities to adopt their newly created Regional Principles. Mr. Beyer moved to have the one and only reading on Resolution 05-05. Mr. O'Callaghan seconded the motion. All concurred and Resolution 05-05 was adopted. 6. Open Agenda Mayor Packard said he was sorry to see the Toll Road Festival come and go so quickly. He said he knew the attendance was down but he thought the big screen television was a good idea. He said he had enjoyed the festival. He said he would have liked to see more rides. Mr. Applegate said that the group that provided the rides cancelled at the last minute and the city was lucky to find someone to provide rides. Mayor Packard thanked Mrs. Winemiller for all her efforts during the festival. Mrs. Winemiller thanked all of the volunteers. She said there were over fifty volunteers that had helped during the festival. She said she would like to see the festival grow and have more activities, such as a car show or a special interest group to organize a special event. Mr. Beyer suggested that the Park Board act as a committee to bring in new events or set up a committee. Mr. O'Callaghan said he thought it was a good idea and they had tried to come up with something new. He said that the lower attendance could have been due to all of the other activities in the area, that the rides could have been a part of it, and that also the Ohio State game being scheduled at the same time didn't help. Mr. O'Callaghan said that the festival wasn't only about the money. He said that the festival does bring the community together and everyone has a good time. He said they would try to come up with something different for next year. Mr. O'Callaghan also said the Brand family had received the Spirit of Union award. They were located at 103 Ewing Court in Union Ridge. He said they had done a beautiful job of landscaping and he suggested people drive by and visit their property. Mayor Packard thanked the police for the work at the festival. Mrs. Winemiller said they issued Ident-a-Kid cards to over two hundred children. Mr. Hissong thanked Mr. Applegate and Mrs. Winemiller for the success of the Toll Road Festival and said they did a good job. Mr. Bruns commented that it looked like they would need to be considering putting a new street levy on the ballot since the last levy was passed on August 7, 2001, and would be up after 2006. Mr. Applegate said due to hurricane Katrina, the city was cutting back on the use of their vehicles to save on gasoline. He said they were being cautious because of the destruction of the refineries and facilities, they were watching the price of diesel fuel and gas because they wanted to be assured of having supplies. They have a 6,000 gallon tank for gas and a 3,000 gallon tank for diesel. Mr. Applegate said they have planned on getting a 6,000 tank for the diesel and they will go ahead and do that. Mr. Applegate said they have the pumps in for the lift station on State Route 48 and are hoping to start soon. He said they would also be upgrading the water treatment plant and iron removal plant and would be able to increase the gallons per minute production. Mr. Applegate added that he would need to come to the council for an increase in the water and sewer rates. The last rate increase for water and sewer was in 1997. Mr. Moore had
some comments on a case that was going to the Supreme Court on
Friday concerning the Waterwheel Farm on Jackson Road. Mr. Moore also said that they were continuing to enforce the zoning code and certain matters were being resolved. Mr. Applegate said they were putting together pre-inspection procedures to inspect properties before they could be sold and that would be something on a future agenda. 7. Mr. Beyer moved that the meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the council meeting was adjourned. Respectfully submitted, _________________________
Mayor Packard called the City of Union council meeting to order on Monday evening, at 7:30 p.m. Attendance was taken and the following council members were present: Mr. Bruns, Mrs. Terry, Mr. Hissong, Mayor Packard, Mr. O'Callaghan, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director. Mayor Packard said Mrs. Goudy had contacted the clerk's office and was recovering from surgery. Mayor Packard moved to excuse Mrs. Goudy 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 additions or corrections from the minutes of the September 12, 2005 council meeting. There were no corrections so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. Hissong seconded the motion. All concurred and the minutes were accepted. 2. Mayor Packard noted that there was one resident that indicated he wanted to address the council. Mayor Packard recognized David Stamper residing on West Martindale Road. He also recognized a gentleman that came in late but the resident declined to address the council. Mr. Stamper
said they have been losing electricity on West Martindale and
it is always on the south side of the street. He said they have
contacted Dayton Power and Light and they say it is due to an
overload. Mr. Stamper suggested they go to Dayton Power and Light
and ask them to do whatever it takes to correct it. Mr. Stamper
also wanted to comment about an article from the newspaper, from
Thursday, September 22. He read the headline which stated, "Former
councilwomen was forced off council seat for personal absences".
Mr. 3. ONE READING
- ORDINANCE 1369 - AN ORDINANCE AUTHORIZING THE COUNCIL OF Mr. Applegate said he respectfully requested that items # 3 and # 4 be tabled. He said they needed to clarify something that was in the literature. The overall height of the vehicle in the literature said it was 11' 9". The doors to the service garage are 12 feet. In checking the specifications, it said the height was 12'10". Mr. Applegate said he has talked to them and the literature is wrong. They will check on a different cab and chassis but Mr. Applegate said they would not want the vehicle sitting outside of the garage. Mayor Packard moved to table Ordinance 1369. Mr. Beyer seconded the motion. All concurred and Ordinance 1369 was tabled. 4. ONE READING - RESOLUTION 05-06 - A RESOLUTION AUTHORIZING ENTERING INTO A MASTER LEASE-PURCHASE AGREEMENT FOR THE LEASE PURCHASE OF A UTILITY VEHICLE. Mayor Packard moved that Resolution 05-06 be tabled. Mr. Beyer seconded the motion. All concurred and the motion was passed. 5. Open Agenda Mayor Packard said we have an election coming up and there were some new people running for council seats. Mayor Packard said he was proud of the council and that they had worked very well together. He also complimented the city staff. Mayor Packard also wanted it on the record that someone in his family had stolen funds from his household and they were working with the City of Union to repay what he owed on the utility bill. He said this was going to be brought up so he wanted to speak out himself. Mayor Packard
commented about the leaf pick up program and that the leaves
were falling already. Mr. Applegate said the leaf pick up program
would start October 11, and also as a reminder, because October
10 was a holiday, the first meeting in October would be held
on October 11. Mr. Hissong thought that crews that applied the slurry seal did a good job. Mr. Applegate
said it was a seven or eight year rotation on when slurry seal
would be applied on the streets. Mrs. Terry
said when there was a motion to excuse her and no one would second
the motion, she felt that was not right. That is why she said
there was a certain amount of animosity. Mrs. Terry said city crews were going along the sidewalks and trimming all of the low hanging branches and that was making it better for pedestrians on the sidewalks and streets. Mr. Applegate said they were hoping to do it with every street in town. Mr. Bruns asked
what price they paid the last time they bought a bucket truck
and how much this one cost. Mr. Bruns asked
Mr. Moore if it would have been proper to go into an executive
session to discuss Mrs. Terry's absences and if it would be considered
a personnel matter. Mr. Moore said his answer would be no, that
it was not a personnel matter in this context. He said that was
a broad statement but in looking at the code that is his opinion.
Mr. Moore said they could have had a workshop meeting scheduled,
but it would still be a public meeting. Mr. Moore said
he wanted the council to understand a few things. The charter
says, in 2.11, A: "Council shall declare the office of Councilmember
or Mayor vacant upon death, resignation, violation of Section
2.03 of this Charter, recall in accordance with Section 6.01
of this Charter, conviction of a crime involving moral turpitude,
or failure to attend three (3) consecutive regular meetings of
the Council without being excused by a majority of the other
members." Mr. Moore added, if a council member moved out of town, that person could not serve on council. The council would not have an option. It was mandatory that the council respond the way they did on Mrs. Terry's absences and it was their duty. Mrs. Terry said she did call the mayor and ask to be excused and no one would second the motion. Mr. Moore said he was not taking sides. He said no one could tell the council how to vote or force them to vote a certain way. Mr. Moore said the art of being a public official is that a person has to be able to create situations where people will support their position. The council has the ability to determine the qualifications of their council members. Mr. Bruns said there were two issues. The charter requires that the council do what they were supposed to do concerning her absences. The second one is the rules of council, which gives the council guidelines. Mr. Applegate said after the last meeting, he asked the Law Director to prepare a memo to the council to clarify what needs to be done according to the rules of council and the charter. Mr. Applegate asked Mr. Moore to continue. Mr. Moore distributed
a memo and asked the council to read it. He said he then wanted
to make a few comments. Mr. Moore said
an announcement can be made at the meeting or meetings before
the next scheduled meeting if a member is going to be absent.
He said the council members have a responsibility to contact
the clerk of council. If the person does not know ahead of time
that they will miss the meeting, they should contact the clerk
of council concerning their absence, not the law director, or
the mayor. The message should be left with the clerk of council
or her staff. Mr. Moore said if a council member wants his absence
voted upon, whether he would be excused or not, he would have
to give notice to the clerk of council, otherwise, it would be
an unexcused absence. There was further
discussion about not seconding a motion. Mr. Bruns said their
rules did not require a second on a motion. He said it was council's
prerogative. Mr. Beyer said the absences had gone on for a long time and that is why members of council finally stopped seconding the motions. He said it became routine that Mrs. Terry was not present whenever there would be a controversial vote or when many people would be attending the meeting. Mrs. Terry disagreed with that statement. Mayor Packard said this was a new system. There was a discussion concerning that. Mr. Beyer said the charter always said call the clerk of council. Mr. Beyer said he has called Mr. Applegate before, so he agreed that this was a new procedure as far as having phone access. Mr. Applegate
said anytime you call after hours, if you know the extension,
you can put in the extension and leave a message. Mr. Applegate
said that would be for any phone system, not just the City of
Union's. Mr. Applegate said the lift station on State Route 48 would be up and ready to go within the next couple of days. 6. Mr. Beyer moved that the council meeting be adjourned. Mayor Packard seconded the motion. All concurred and the September 26, 2005 City of Union council meeting was adjourned. Respectfully submitted, _________________________ |