Union City Council Meeting Minutes
Third Quarter 2005
 
July 11, 2005, Meeting Minutes
August 8, 2005, Meeting Minutes
September 12, 2005, Meeting Minutes
September 26, 2005, Meeting Minutes
 
 

July 11, 2005

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

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.
Mayor Packard asked if anyone wanted to speak. Mr. Beyer suggested that the council's comments be heard when they got to Item 4 on the agenda, which was Ordinance 1364. He also suggested since it was a public hearing, that residents wishing to speak be sworn in. No one else had any further
comments.

The public hearing was closed by Mayor Packard.

4. ONE READING - ORDINANCE 1364 - AN ORDINANCE REAPPOINTING MR. JOHN
APPLEGATE CITY MANAGER FOR THE CITY OF UNION, OHIO, AND ESTABLISHING HIS ANNUAL SALARY AND EMPLOYMENT BENEFITS, AND DECLARING AN EMERGENCY.

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.
Mr. Beyer said he had heard some comments that the city should have gone out for applications for Mr. Applegate's position just to see what is available. Mr. Beyer said while it sounds like a good idea on the surface, he did not think it was very practical because they had a city manager that was willing to stay and had such a long tenure, he doubted that they would have found anyone remotely qualified to do the job. Mr. Beyer said it was for the general good of the city that they rehire Mr. Applegate.
Mrs. Goudy said before she was on council, she was quite aware of the effort and work that Mr. Applegate had put into his position of city manager. She said since she has been on the council, her eyes have been opened quite a bit more and she said in her opinion, they [city managers] don't come any better.
Mr. O'Callaghan said he agreed with that and if re-hiring Mr. Applegate would keep him around for a few more years, he was for that because "John is Union and Union is John" and he was looking forward to having him around for a few more years.
Mr. Hissong said he was on council when they hired Mr. Applegate and he said they had not made a mistake then and they were not making a mistake now. Mr. Hissong said Mr. Applegate was always working no matter what time of day or night and he said the city was very fortunate to have him as a city manager.

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.
Mayor Packard said Mr. Applegate's retirement date would be July 31, 2005 and his re-hire date would be August 1, 2005.

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.
Mayor Packard moved that the asking budget for the fiscal year 2006 be adopted. Mr. Beyer seconded the motion. All concurred and the asking budget was adopted.

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.
He also asked about State Route 48 near the VFW 8211, and said the pavement was really rough. Mr. Applegate said that was actually Miami County but where the city installed the force main and gravity sewer along the edge, they would be restoring that part of the road. Eventually, the road would
be resurfaced, probably within a few years.

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,

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

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August 8, 2005

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.
Mayor Packard said that Mrs. Bruns had been helping the city for years, especially during the Toll Road Festival. He asked Mrs. Bruns to step forward and she was sworn in as a City of Union Park Board member.

4. ONE READING - ORDINANCE 1365 - AN ORDINANCE AUTHORIZING AND
APPROVING THE LIST OF LIGHT ASSESSMENTS. (waive three readings)

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.
Mr. Bruns then moved to have the one and only reading and adopt Ordinance 1365. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1365 was adopted on the first reading.

5. ONE READING - ORDINANCE 1366 - AN ORDINANCE AMENDING CHAPTER 741.17 OF
THE UNION CODE, RELATING TO SOLID WASTE COLLECTION. (waive three readings)

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
BALSBAUGH EXCAVATING, INC. FOR THE MORNING GLORY STORM SEWER REPLACEMENT PROJECT, PHASE IV, IN THE CITY OF UNION. (waive three readings)

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
DIRECTOR TO CREATE A NEW FEMA FUND FOR BUDGETARY PURPOSES TO ACCOUNT FOR FEMA GRANT FUNDS.

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
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. (ISSUE II) (RINEHART ROAD SANITARY LIFT STATION ELIMINATION)

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.
Mr. Applegate added that these applications need to be approved to comply with the grant requirement.
Mr. Bruns moved to have the one and only reading on Resolution 05-02. Mr. O'Callaghan seconded the motion. All concurred and Resolution 05-02 was adopted.

9. ONE READING - RESOLUTION 05-03 - 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. (ISSUE II) (SLUDGE IRRIGATION SYSTEM AT THE WASTE WATER TREATMENT PLANT)

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,

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

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September 12, 2005

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
the attack. She presented each of the council members with a book.

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.
This is accomplished by cities and subdivisions passing enabling ordinances or resolutions. Delinquent properties are entrusted to the local government "Land Bank" after the second Sheriff sale and all county taxes are forgiven. Construction or renovation can then be subcontracted to a neighborhood development corporation, community group, private enterprise, or individual.
Currently, local governments bid for properties at Sheriff sales against speculators and other individuals. The Land Bank will allow a subdivision or the county to acquire delinquent properties at the lowest possible cost, provide properties to those with a planned productive use, help revitalize long neglected parcels, improve neighborhoods, thereby increasing property values and revenues for the County.

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
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 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
DAYTON COMPACT PRINCIPLES AS APPROVED BY THE BOARD OF DIRECTORS OF THE MIAMI VALLEY REGIONAL PLANNING COMMISSION.

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 said that the Montgomery County Commissioners had granted the annexation. Butler Township then sued the Montgomery County Commissioners. The trial court ruled in favor of the Township. The Court of Appeals then over turned the decision made by the trial court. There was an issue that the property owners that had right of way had to participate in the annexation. Mr. Moore said the law had been changed to simplify the annexations and the new annexation law allowed them to omit any property owners that had right of way from the annexation. The Ohio Municipal League and Ohio Home Builders Association filed briefs supporting the city's position since the interpretation of these annexation regulations were of interest to the general public. At this point, Mr. Moore said that the Supreme Court had be asked to hear the case and they were waiting to hear if the Supreme Court had decided to accept the case.

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,

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

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September 26, 2005

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 said this was the fourth time it had happened. Mrs. Terry said they are experiencing problems on San Bernardino also.
Mr. O'Callaghan asked if this was related to the power spikes that were affecting the waste water treatment plant. Mr. Applegate said they had identified that problem to a capacitor in Englewood.
There had been a recent outage due to a storm. Mr. Hissong said his power was out for five hours.
Mr. Applegate suggested that Mr. Stamper contact Dayton Power and Light.

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.
Stamper said Mrs. Terry had not been forced off of the council. Mrs. Terry said she was not forced off the council and she did not say that. She added that she had tried to contact the reporter and that she never said she was forced off the council but that they were "taking proceedings". Mr. Stamper read more information from the article; "After spending more than twelve years on the Union City Council and more than forty-three years in the city itself, she did not want to be forced off her council seat by what she sees as the animosity of her peers". Mrs. Terry said she thought it was a bad way to do it. She thought they should have discussed the matter in the conference room.
Mr. Stamper said he wanted to make several other points. He read "Terry missed several council meetings the past year to care for ailing relatives." He said it made it sound like she had just missed meetings within this last year.
Mrs. Terry said her husband had been sick for six or seven years. Mrs. Terry offered to give Mr. Stamper a sheet that Mr. Bruns had prepared about council absences. Mr. Bruns said it was just given to council members.
Mr. Stamper read, "she won by a coin toss after winning a recount by just one vote". Mrs. Terry said she did not have anything to do with that. Mr. Stamper said he was only going by what was in the paper.
Mr. Bruns said when it was a tie vote, the Board of Elections would have a coin toss. But when they had a re-count, Mrs. Terry won by one vote.
Mrs. Terry suggested Mr. Stamper contact the reporter that had written the article and Mr. Stamper said Mrs. Terry had answered his questions.

3. ONE READING - ORDINANCE 1369 - AN ORDINANCE AUTHORIZING THE COUNCIL OF
THE CITY OF UNION TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A TEREX UTILITIES HI-RANGER XT-60/70 AERIAL BUCKET TRUCK UNDER THE TERMS OF THE GSA CONTRACT PRICE (#GS-30F-003P). (waive three readings)

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.
Mayor Packard reminded everyone to keep rocks and branches out of the leaf piles.

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 thanked Mr. Stamper for getting up and asking questions about the newspaper article.

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.
She said she did not know about the Mayor's situation. She felt they should get along with each other as a group to work for the city. Mrs. Terry said Mayor Packard did a great job and she saw him out in the community many times.

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. Applegate said that one was purchased used and it was roughly about ten years ago. The cost was 60,000 to 80,000 dollars. Mr. Applegate said there is a federal law that on the cable bucket trucks, after Dec. 31, they cannot be used. The one they have is a cable bucket truck. The extended arm will have to be removed. So this new truck will replace the existing bucket truck, and they may modify the existing truck for other uses.

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. Bruns said the way the council handled the situation was the way it had to be handled. It could not be done as an executive session.

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 said the council did not have any options when it came to this situation. They had discretion on whether a person could be excused, but if a council member failed to appear or call for three meetings, the council would have no choice and it was their duty to their citizens to take action, because the council is meant for seven members. The charter provision was not arbitrary. The council had to take action.

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.
In reference to a comment in the memo, the clerk of council's, Mrs. Winemiller, phone number and extension was provided to council. A message or voice mail could be left for her if a council member will be absent.

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.
Mrs. Terry said she used to call Denise but then after 5:00 when she thought Denise would be gone, she would leave word with Mayor Packard.
Mr. Moore referred her back to the memo where she would need to call Denise or her staff. Mr. Moore said this should let everyone know that the clerk of council is who needed to be contacted per the rules of council.
Mayor Packard said he would not accept any more calls or bring any more excuses or absences to the council. He said in the past, they did not have the privilege of calling the clerk after hours so people called the Mayor instead.
Mr. Bruns said the call in procedure makes it so it can be presented to the council for a vote. For example, if the council member calls and says they have a flat tire, it is still up to the council if they want to excuse the council member. Mr. Moore said if no one had notified the council ahead of time or contacted Denise, it is an unexcused absence because Denise has not been contacted. It does not come before the council.

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.
Mayor Packard said this is where the word "animosity" came from because for Mrs. Terry's absences, there would sometimes not be a second.

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. Moore said notifying the clerk of council brings the message to the council, it does not determine whether someone is excused or not. Mrs. Terry asked if it would guarantee if there would be a vote and she was told it would not. Mr. Moore said just as with legislation, if there is no second on the motion, the legislation is dropped. Mr. Moore said council can choose to take no action.

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,

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

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