Union City Council Meeting Minutes
Third Quarter 1999
 
July 12, 1999, Meeting Minutes
July 26, 1999, Meeting Minutes
Aug. 9, 1999, Meeting Minutes
Aug. 23, 1999, Meeting Minutes
Sept. 13, 1999, Meeting Minutes
Sept. 27, 1999, Meeting Minutes

July 12, 1999

Mayor Robert Packard called the City of Union council meeting to order on July 12, 1999.

Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Bruns, Mayor Packard, Mrs. Shields, Mr. O'Callaghan, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Beth Lias, substituting for the Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard said that Miss Gregg had called and would either be late or unable to attend the meeting due to work. The council decided to wait until later in the meeting before excusing her absence in case she was able to come.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any corrections or additions on the minutes from the June 28, 1999 council meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. Beyer seconded the motion. Mrs. Terry abstained, the other councilmembers voted for the motion and the minutes were accepted as prepared.

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

Resident Jim Hamilton asked if the city would be involved in the airport expansion. Mr. Applegate said they have attended one of their presentations. He said he had requested and they have agreed to his request, to establish a committee of the engineers in surrounding cities to take a look at the road way plan. This has been done through the Miami Valley Regional Planning Commission.
Mayor Packard asked if the expansion will affect any of Union's annexations. Mr. Applegate said no.

Mrs. Julie Johnson said she had a question on Ordinance 1164. She did not understand if the city was buying or selling bonds. Mr. Applegate said the city was selling one year notes, called bond anticipation notes. He said the lowest bid will be accepted and that would be the interest rate. Mrs. Winemiller said it will be approximately four and one half percent interest.
Mrs. Johnson asked what water lines this bond was paying for. Mr. Applegate said they were replacing a water line from Sweet Potato Ridge Road to Charles Place. They will replace a four inch line on east side and six inch line on west side and also complete the loop to River Road. Most of the water line in the vicinity of River Road will be crossing city property.

Regarding Resolution 99-05, Mrs. Johnson asked if the farmer doing the work would be using any herbicides and pesticides. She was concerned about that turning up in our water system.
Mr. Applegate said they had entered into a contractual arrangement with the Ohio Department of Natural Resources (ODNR) in planting various grasses in the well field and now are working on the area they use as a sludge field, planting oats and hay. Their goal is not to use any pesticides or herbicides at all but it may be necessary sometime in the future which is why the resolution was written that way.

Mayor Packard asked Mr. Applegate if Mr. Lochner, the farmer and agent, would notify them if he uses pesticides or herbicides. Mr. Applegate said the city would be aware and approve anything that goes on.
There is also acreage in the Conservation Reserve Program. The city will receive approximately $104.00 per acre and this will also be overseen by Mr. Lochner. It is a ten year program and will bring in around nine thousand dollars a year. This program will help over some of the expenses and protect the well field. It will also provide excellent bird cover for quail and pheasant and forage for deer and other wild life.

3. SECOND READING - ORDINANCE 1164 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $175,000 WATERLINE REPLACEMENT BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF REPLACING AN EXISTING WATERLINE. (three readings)

Mr. Beyer moved that they have the second reading of Ordinance 1164. Mr. Bruns seconded the motion. All concurred and Ordinance 1164 was passed to the third reading.

4. ONE READING - RESOLUTION 99-05 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH DENNIS LOCHNER TO FARM AND OPERATE 146 ACRES OF LAND OWNED BY THE CITY OF UNION.

Mr. Bruns moved to have the one and only reading and pass Resolution 99-05 (for 146 acres of land). Mr. Beyer seconded the motion. All concurred and Resolution 99-05 was passed on the first reading.

5. Open Agenda

Mayor Packard said a neighbor on Old Mill Road called him to ask about large dump trucks traveling through the subdivision. Mr. Applegate said the trucks are from DP & L and they should be completing the job in the next couple of days so that should not be a problem any more.

Mayor Packard said that police officers are watching Old Mill Road in the afternoon but a resident that contacted him believes that people are speeding in the morning so he asked if the police could check that out.

Mayor Packard said he had attended a very special event where Matthew O'Callaghan received the Eagle Award through the Boy Scouts. Mayor Packard congratulated him for his achievement. He also congratulated Mr. and Mrs. O'Callaghan on their son's accomplishment.

Mr. Beyer asked Chief Gessner if officers could enforce no parking on the curve on Woburn Farm. Mr. Beyer said people were starting to park there again.

Mr. Beyer informed Fire Chief Bergman that one of his neighbors had a heart attack in June and dialed 911. They were very impressed with the speed in which the rescue squad responded. The neighbor said they did a fabulous job and Mr. Beyer wanted to pass along the compliment.

Mr. O'Callaghan thanked everyone for their support in coming to his son's Boy Scout ceremony.

Mr. O'Callaghan asked about a time table for the State Route 48 project. Mr. Applegate said that Fishel workers were two months early for the gas line. Dayton Power and Light will start staking location of street lights on Friday and engineers will be marking where everything will be going.
The east side of State Route 48 to Sweet Potato Ridge will be done first, then the west side. Then they will go down the east side of State Route 48 north of Sweet Potato Ridge Road to Charles and then come back with the asphalt on the west side. A large storm sewer will be going in also.
A crew will be up on Wednesday or Thursday to remove the sidewalk. Mr. Applegate said things are proceeding.

Mr. Bruns moved that Miss Gregg be excused from the evening's meeting. Mrs. Shields seconded the motion. All concurred and the motion was passed.

Mr. Applegate said that the city has fulfilled their commitment to the residents residing in the annexation area of Butler and Union Township by completing the installation of a water line. They are flushing the lines and getting samples and will be cleaning up the area. They are now gearing up for their next project for work on State Route 48.

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

Respectfully submitted,

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

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July 26, 1999

The July 26, 1999 City of Union Council meeting was called to order by Mayor Packard.

Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Bruns, Miss Gregg, Mayor Packard, Mrs. Shields, and Mr. O'Callaghan. Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, and Bud Bergman, Fire Chief.

A moment of silence was held.

1. Mayor Packard asked if there were any corrections or additions to the minutes of the July 12, 1999 council meeting.
Mr. Bruns clarified an amount of money concerning income from farming the city property in the minutes with Mr. Applegate.

Mayor Packard moved that the minutes be approved. Mr. O'Callaghan seconded the motion. Miss Gregg abstained, the other councilmembers voted for the motion and the July 12, 1999 council minutes were accepted as prepared.

Mr. O'Callaghan said that since Mr. Beyer could not attend the meeting due to demands of his business, he moved to excuse Mr. Beyer from the council meeting. Mrs. Shields seconded the motion. All concurred and his absence was excused.

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

3. THIRD READING - ORDINANCE 1164 - AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $175,000 WATERLINE REPLACEMENT BOND ANTICIPATION NOTES BY THE CITY OF UNION, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF REPLACING AN EXISTING WATERLINE. (three readings)

Mr. O'Callaghan moved that they have the third and final reading and adopt Ordinance 1164. Mr. Bruns seconded the motion. All concurred and Ordinance 1164 was adopted.

4. FIRST READING - ORDINANCE 1165 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mr. Applegate said this is an annual ordinance to pay for the street lights in the city. There is a breakdown for the different developments, like walkway lights in Concord Farms North and West, and for different lighting fixtures, like for Irongate Estates, Union Ridge, and Lindeman Commons. It varies slightly each year.
There is a five percent increase in the street light assessment to allow for street lights that will be installed this year but that have not been assessed to the city yet.

Mr. Bruns moved that the council have the first reading of Ordinance 1165. Miss Gregg seconded the motion. All concurred and Ordinance 1165 was passed to the second reading.

5. Open Agenda

Mayor Packard asked if Mr. Applegate knew how long the work would take on Main Street. Mr. Applegate said the trencher showed up on Tuesday, a day late. They are dealing with a gas line and solid rock, and need a trench eight feet deep.
The city crews also had to deal with an unexpected water main break and a vehicle ran into the back of a truck carrying pipe.
Mr. Applegate said the project was coming along.

Miss Gregg said she had been doing a lot of walking and riding through the city and she said that overall, she was really impressed - that the city really looks great.

Mr. Applegate said that there was some damage to the trees on the east side of State Route 48. The work crew from Holland thought the trees would be removed later and had cut down some branches. Mr. Applegate said he contacted them and they came out and trimmed up the trees. Mr. Applegate said they apologized and if the trees do not survive, Holland will replace them. Mr. Applegate said the east side was not to be touched but it was an unfortunate accident.

The area in front of some of the houses and businesses is all gravel now to make sure it gets compacted, level and will be a hard surface.

Fire Chief Bergman said they received a $2,500.00 grant from the Ohio Division of the EMS to help purchase some EMS equipment.

6. Miss Gregg moved that the council meeting be adjourned. Mayor Packard seconded the motion. All concurred and the council meeting was adjourned.

Respectfully submitted,

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

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Aug. 9, 1999

Mayor Packard called the August 9, 1999 City of Union council meeting to order. Attendance was taken and the following councilmembers were present: Mrs. Terry, Mr. Bruns, Miss Gregg, Mayor Packard, Mrs. Shields, and Mr. O'Callaghan. Other city staff members present at the meeting were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

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

Mayor Packard said Mr. Beyer had been called out of town on business. He moved to excuse Mr. Beyer from the meeting. Mrs. Shields seconded the motion. All concurred and Mr. Beyer's absence was excused.

1. Mayor Packard asked if there were any comments or corrections on the minutes from the July 26, 1999 meeting. There were none so Mr. O'Callaghan moved that the minutes be approved. Miss Gregg seconded the motion. All concurred and the council minutes from the July 26 meeting were accepted as prepared.

2. Mayor Packard asked if there were any comments from the citizens and visitors at the meeting. There were no questions or comments.

3. SECOND READING - ORDINANCE 1165 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mr. Bruns moved to have the second reading of Ordinance 1165. Mr. O'Callaghan seconded the motion. All concurred and the ordinance was passed to the third reading.

4. Open Agenda

Mayor Packard said he felt for all the people working on North Main Street. Mr. Applegate said that they were working on gas lines, water lines, and sewer lines and that everything was being replaced. He said that Dayton Power and Light, General Telephone, and the cable company were all installing conduits for their services. Mr. Applegate said the goal was to get to Charles Place.

Chief Gessner said that at the Northmont Safety School Committee meeting, they had requested that the police officers and cruisers stop by the school frequently to maintain friendly relations with the students. Chief Gessner said that officers were stopping by at recess. He wanted to inform the council so if they saw the patrol cars there, they would not think that there was trouble at the schools. Relations are going very well with the police and the students and they will respond to the school's request and send the cruisers out there more often.

Fire Chief Bud Bergman said this was a very dry time of year and they are answering calls for mulch fires. He advised everyone to be careful and not to have any camp fires this time of year.
5. Mr. O'Callaghan moved that the council meeting be adjourned. Mr. Bruns seconded the motion. All concurred and the council meeting was adjourned.

Respectfully submitted,

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

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Aug. 23, 1999

The August 23, 1999 City of Union council meeting was called to order at 7:30 p.m. by Mayor Robert Packard. Attendance was taken and the following council members were present: Mrs. Terry, Mr. Bruns, Miss Gregg, Mayor Packard, Mrs. Shields, Mr. O'Callaghan, and Mr. Beyer.
Other city staff members attending the meeting were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, and Bud Bergman, Fire Chief.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any questions or comments on the last council meeting. There were none so Mayor Packard moved that the minutes be approved. Mrs. Shields seconded the motion. Mr. Beyer 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 visitors and citizens in the audience. There were no comments.

3. THIRD READING - ORDINANCE 1165 - AN ORDINANCE AUTHORIZING AND APPROVING THE LIST OF LIGHT ASSESSMENTS. (three readings)

Mr. Bruns moved that the council have the third reading and adopt Ordinance 1165. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1165 was adopted.

4. Open Agenda

Mr. O'Callaghan reminded the council that the Toll Road Festival was coming up on September 17 and 18. He said the city always needs volunteers for the festival so he hoped anyone interested would contact the city.
Mr. O'Callaghan also thanked the LaSertoma Club, Northwest YMCA, and the City of Union for hosting the pool party. There were over one hundred people attending. He thanked everyone for helping out.
He asked if the flashing light at Martindale and Main Street had been fixed. Mr. Applegate said it had been reset but they were having trouble with the traffic light.

Mrs. Shields reminded everyone that school starts on Tuesday, August 24 and asked everyone to watch out for the school children.

Miss Gregg commented that she was also going to remind people that kids were starting back to school.

Mrs. Terry had a question about cemetery lots. She said she was asking because Connie Lash and others have said that the grass needs to be mowed. Mr. Applegate said that the city has not had any complaint calls and that the cemetery is on a regular schedule to be mowed. He offered to take a look at it.
Mrs. Terry then asked if the flowers and things that were left over are the responsibility of whoever brings the flowers or it the city's responsibility to clean up the graves.
Mr. Applegate said that in the past, there had been a complaint that the city had thrown out flowers too early so they have always made it a policy to leave the flowers there. Mr. Applegate said that if the flowers are completely dead and
they know the family is not coming back, then they would discard them. He said he was very hesitant about regularly removing flowers people had put on graves. He said if the council wanted to set a new policy, they could. Mr. Applegate added that if people want their flowers removed, they should call city hall.
Mrs. Terry commented that she had attended the pool party and thought it was great.
She said she had received a call from Sheets Street from a person complaining about dogs barking on Joellen. There are two or three barking dogs starting at 7:00 in the morning and continuing throughout the day. Mr. Applegate said if the dogs become a nuisance, something could be done.
Mr. Applegate asked for the address and the city can check into it and cite the residents.
Miss Gregg said that she had gone through that procedure with the police helping and the dog owners had cooperated.

Mrs. Terry said she had lunched at the new restaurant, Trish's Cafe, and the food and service were excellent.

Mr. O'Callahan said that the senior band was having a car wash so he invited everyone to come to the Kindred-Barnes funeral home on Saturday.

Mr. Applegate said they had installed the main water line on State Route 48 and will start additional work on Wednesday, replacing the laterals and taking the line down Old Mill Road, and crossing State Route 48 at Sweet Potato Ridge Road. Mr. Applegate said that the businesses have been very cooperative and are appreciative of the new water line.
He said they are continuing to make progress on State Route 48.

Mrs. Terry said the traffic has not been as bad as expected and the city has done well with that. Mr. Applegate said that it has gone well.

Mr. Moore said that he had received a call from the Board of Elections. Mrs. Lash had three people that had signed her petition that were registered voters but they were not registered voters for the address where they currently live. He said the Board of Elections asked him for a legal opinion. He said that the case law is not clear but since they are registered voters living within the city, he ruled that the signatures would be allowed.

Fire Chief Bud Bergman said they have acquired five sets of blood testing kits for monitoring glucose in diabetic residents. The current orders are to give them sugar which would be bad if that is not what was needed. Now they can determine what would be the best treatment.

5. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the August 23, 1999 City of Union council meeting was adjourned.

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

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Sept. 13, 1999

The September 13, 1999 City of Union council meeting was called to order at 7:30 p.m. Attendance was taken and the following councilmembers were present: Mr. Bruns, Miss Gregg, Mayor Packard, Mrs. Shields, Mr. O'Callaghan, and Mr. Beyer.
Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard said that Mrs. Terry had called and said she possibly would not be able to attend. He moved that Mrs. Terry be excused from the council meeting. Mrs. Shields seconded the motion. All concurred and her absence was excused.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the August 23, 1999 City of Union council meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. Beyer seconded the motion. All concurred and the minutes were accepted as prepared.

2. Mayor Packard asked if there were any comments from the visitors and citizens in the audience.
Mr. Glenn Marsh, president of the Randolph Township Historical Society, said they would have their township history display again this year at the Toll Road festival, held along with the quilt show at the Methodist church on Martindale Road. Mr. Marsh said there were new items included in the township display and also the collection of quilts.

3. Open Agenda

Mayor Packard said that the new section of Rinehart road was beautiful but he asked Chief Gessner about speeding. The Chief asked him if he had noticed it at a particular time during the day and Mayor Packard said people had said it was occurring mostly in the evenings.

Mayor Packard invited everyone to come to the festival and to volunteer to help.

Mr. Beyer asked what police force would be assisting at the festival. Chief Gessner said that the Englewood Police Department would be helping out at the festival.

Mr. O'Callaghan invited everyone to attend the festival and asked for volunteers.
He said he liked the recent newsletter, the pictures, and the articles. He said that it included a lot of good information and honest facts that people need to know.

Mr. O'Callaghan said that Darla and Scott Harper on Shaw Road had received the Spirit of Union award. He said they always keep their house immaculate and it is beautifully landscaped. Mr. O'Callaghan said he appreciated the work that they do.

Mrs. Shields asked about speed limit signs for Rinehart. Mr. Applegate said that they would not do much good on that street and would possibly make people drive faster.

Mrs. Shields asked that the minutes reflect that Mrs. Terry was ill.

Miss Gregg said that State Route 48 road project had caused very little inconvenience so far and that things seemed to be progressing well.

Mr. Bruns said he agreed with Mr. O'Callaghan on the recent newsletter. He said he thought it was very good and he liked the picture on the front.

Mr. Bruns asked how long street light assessments had been charged to the residents. Mr. Applegate said for as long as he could remember. Mr. Bruns said that is what he had thought. He said he was referring to a "Speak-Up" column in the newspaper from September 2. He said the street light assessment had been passed every year and that some people didn't get their facts before shooting their mouth off.

Mr. Bruns said he agreed with Miss Corbin's assessment on the traffic on State Route 48. He asked Mr. Applegate if he had any idea of what would be going on the next few months.

Mr. Applegate said that the project was testing his resolve. He said that they would hold off for several weeks until after the Toll Road festival and then start on the service lines. Dayton Power and Light would start moving poles and would be putting in a temporary lane. Part of the street project includes installing a storm sewer which is one of the biggest parts of the job, especially if they hit a lot of hard rock.
Mr. Applegate said they would be working all winter long.
Miss Gregg said she appreciated Mr. Applegate's perseverance.

Mr. Applegate said they were falling behind on other things because of the project. He said that several people out in the Frederick area wanted water and wanted to be annexed into the city. Mr. Applegate said it had been a dry summer and their wells were dry.

Mayor Packard asked Chief Gessner to thank the Dayton Bomb Squad for their recent assistance.

Fire Chief Bergman said that they would have a Fire Safety House at the Toll Road Festival for both adults and children to walk through. He said it was unique and interesting.

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

Respectfully submitted,

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

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Sept. 27, 1999

Mayor Packard called the September 27, 1999 City of Union council meeting to order.

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

The mayor called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes of the September 13, 1999 council meeting. There were no comments so Mayor Packard moved that the minutes be accepted as prepared. Miss Gregg seconded the motion. Mrs. Terry abstained, the other councilmembers voted for the motion and the minutes were approved.

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

Mr. Marsh, residing on Sweet Potato Ridge Road, said vehicles have been colliding with the utility poles and fire hydrants in front of his property on Sweet Potato Ridge Road. He stated that most of the vehicles seemed to be traveling too fast, and that the accidents usually occur late in the evening. In the past, there has been a speed reduction from 55 to 50 m.p.h. Mr. Marsh said patrol cars have been out and that has slowed traffic down for awhile. He asked if anything could be done from both Union and Clayton.
Miss Gregg asked if he had been watching the newspapers and if alcohol was involved or if it had all been due to speeding.
Mayor Packard said he would like to see the speed limit at 45 m.p.h. Mr. Applegate said the road is within the city of Clayton. They did a traffic study recently and that is when the speed went from 55 to 50. Mr. Applegate said it is a problem and he could talk to Richard Oaks, the traffic engineer. Mr. Applegate said they had considered putting street lights out there to help illuminate the road but the road is outside the city. Mr. Applegate said they could check into a few things. He did not know what was causing the problem but there was property damage occurring and someone could be killed.
Chief Gessner said they don't run the radar much out there because it is not in the city's jurisdiction.
Mr. Applegate said it was operator error and they were not sure how to solve the problem.
Mr. Beyer said that Clayton wanted to become a city and they have to take responsibility for their roads, no matter how good Union's intentions are. Mr. Beyer said he understood Mr. Marsh was a Union resident but Mr. Beyer said the bottom line was that it was Clayton's road.
Miss Gregg said that if lighting is not appropriate, she did not feel that changing the speed limit by five miles was going to stop anyone. She said they did need police visibility from the jurisdiction that is responsible.
Mr. Applegate wanted to work with Clayton since there are many City of Union residents that drive that road way.

3. ONE READING - RESOLUTION 99-06 - 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 item that they did every year. The funds come from Montgomery County Budget Commission to the City of Union. The resolution deals with the amount of the inside millage that is non voted by the citizens and also the outside millage which is voted for by our committee. This is money received for the year 2000 budget.
Mr. Applegate said the council, in 1997, had authorized him going down and talking to the budget commission to obtain the inside millage. Union was asked to come back the following year. He went back in 1998 to ask for the funds for the 1999 budget. This year, Mr. Applegate went through the steps to have the council authorize him to obtain the money. Through the budgetary process in the city, the budget meeting was held on June 16, 1999, the Mayor, Mr. Beyer, Mrs. Winemiller, Mr. Callaghan and the city manager were the only ones that attended. The meeting was open to the public. Mr. Beyer said the budget hearing was also advertised as required by law.
Mr. Applegate said on June 28, the budget went before the council. The council approved the budget. Within the budget was a line item for the inside millage which formerly was to be paid to Randolph Township. It was always appropriated by the council from the general fund and transferred to the fire and EMS fund. It amounts to 21 to 22 thousand dollars.
When the budget is done in December, by ordinance, all these items and transfers will be documented and distributed to council.
As required, the city went down the Montgomery County Budget hearing to request their inside millage and make their presentation.
On the agenda for the meeting in Montgomery County, and Mr. Applegate had a copy with him, Englewood, and Union were listed and Julie Johnson was listed as a resident of Montgomery County.
Mr. Applegate said they made their presentation and asked for the money. If they had not been present to ask for the money, they would never receive it.
Clayton receives their money without going through this process. Englewood got turned down the first year and Union received theirs. Mr. Applegate said they were told that they could expect that this year, the inside millage would be granted to Union permanently and they would not have to ask for it each year. They were prepared to show proof of the burden of need, as required, to obtain the money.
Mr. Applegate reminded the council of their commitment that there would be no increase for the fire/EMS funds for the next five years which is why it is important to the city to obtain the money.
Mr. Applegate said the city's presentation went well, then, Mrs. Johnson, who was under oath, spoke. She read from a prepared statement and turned in some documents. Mr. Applegate said he has asked for a transcript of the meeting but has not received it yet.
Mr. Applegate said he was concerned over what was said about the council and the actions that the council and city manager has taken by Mrs. Johnson. Mrs. Johnson's request was that she wanted the Montgomery County Commission to deny the city the .42 inside millage. Mr. Applegate said if he had her comments, he would provide it the council. He said Mrs.
Johnson said the City Manager was not authorized to be there, that he was a lone wolf, doing what he wanted despite what the council wanted him to do, that there was no public hearing for the budget, etc. Mr. Applegate said a citizen has never been present before at a county budget meeting. Mr. Applegate said Mrs. Johnson made it clear she attended every Union council meeting, and that the council did not approve the budget. Mrs. Johnson said it was a tax increase which the city did not deserve because the city promised there would be no tax increase. Mr. Applegate said, as stated in the recent newsletter, there had been no tax increase. Mr. Applegate commented that the budget commission would not allow him to speak or respond to her comments but he would respond by letter, with documentation, after receiving the transcript.
If the city's request for the inside millage would have been denied, the city would have been $22,000 short in the general fund.
Mr. Applegate stated that what was said at the Montgomery County Budget meeting by the Union resident was very inappropriate.
Montgomery County did approve the city's request at a vote of 2 - 1, same as the year before.
Mr. Applegate said the city could not raise property taxes unless having the increase by a public vote.
Mr. Applegate said because of the testimony of Mrs. Johnson, next year, he, Chief Bergman, and Mrs. Winemiller will have to ask for the funds again. Mr. Applegate said they have to go back, and he was hoping not to have to do that. Once the council has approved the budget, they will need to request the money again. The money is needed for the fire/EMS fund to keep their promise on no increases for five years. By the time they get to the fifth year, the budget will be very tight.
Mr. Applegate recommended adoption of the resolution.
A suggestion was made that the city obtain a copy of the agenda ahead of time next year.
Mr. Applegate said that he felt individuals should go first so the city could respond to what the citizen said.
Mr. Bruns moved that Resolution 99-06 be adopted. Mr. Beyer seconded the motion. All concurred and the resolution was passed.

3. Open Agenda

Mayor Packard said that the Toll Road Festival was very enjoyable and he had heard a lot of positive comments. He thanked the neighbors and citizens for attending and enjoying themselves. He thanked Mr. Applegate and Mrs. Winemiller and all of the volunteers.

Mayor Packard moved to change the date for the next City of Union council meeting from October 11 to October 12, since the City will be closed on Monday to observe Columbus Day.
Mr. O'Callaghan seconded the motion. All concurred and the meeting date was changed.

Mr. Applegate suggested that they moved the Planning Commission from October 12 to October 13. After a brief discussion, they decided to hold the next planning commission meeting one week later than usual, on October 19.

Mayor Packard announced that Beggar's night would be Saturday, October 30, from 6:00 to 8:00 p.m.

Mr. Beyer, to follow on Mr. Applegate's comments on the budget, he said he had been on the budget committee for council for the last fourteen years. A public hearing is held every year in June. It is always advertised. Then the council passes the budget.
Mr. Beyer said the city gets "hammered" for having high property taxes but more than 50% of the property taxes go to the Northmont School district, not the city.
Mr. Beyer said that he felt it was outrageous that a citizen, who certainly has the right to appear at any public meeting, that is also a candidate for city council, would stand up, under oath, make comments that are factually untrue. He said he felt it was unfortunate that any candidate for city council would attempt to deny her city the revenue which belongs to the city - which the citizens pay. Mr. Beyer said he thought it was important that as much revenue as possible remain within the city. He said it was unfortunate that the incident happened.

Mr. O'Callaghan said the park board sponsors the Toll Road Festival so as president of the park board, he wanted to thank Mrs. Winemiller and the council members. He said that letters to the editor will be published in the local newspaper to officially thank everyone.

On the leaf pickup program, the start date was scheduled for October 12 but Mr. Applegate said they are considering starting one week early since so many leaves are down. They now have a second leaf loader purchased through a grant from the solid waste district. They are utilizing a second truck with a huge box on the back of it which allows them to pick up three or four cubic yards of leaves more than the one the city had and that is ready to go also. When they are trying to pick up the heavy volume of leaves several weeks into the program, they hope to have two leaf pick up machines in operation.

Mr. O'Callaghan warned people not to burn leaves since everything was so dry.

In response to a question, Mr. Applegate said that despite all the watering and the drought conditions, the City of Union had no water problems. He suggested that the council tour the new building and see what the city has been able to do. He said they were able to make several improvements all without a water rate increase. The building, the Frederick water line extension, and other improvements were all made and paid for by water tap in fees from the new homes being built in Union.
As the Fairborn study shows, the city is the next to lowest in overall taxes and rates when comparing the cities and how they operate.
Weather permitting, they will plan on a tour of the new facility at the next council meeting. They will meet at 6:30, Tuesday, October 12, 1999.

Miss Gregg wanted to go on record and express her disappointment that a citizen of Union went to the Montgomery Budget Commission and express those thoughts allegedly and even more so, she was disappointed at the commission itself for the way they handled the situation - in not letting the accused a chance to rebut.

She congratulated everyone, especially Denise Winemiller for her work on the Toll Road Festival. It was a lot of fun and great weather and she said she could see all the hard work that it involved.

Miss Gregg informed the council that she was recently at the Dayton Fire Department Training facility and is now more aware of what goes on and how hard the men and women work in the fire department. She said she had learned that our improved response times, now that Union has their own fire department, it is making the job even more dangerous since most of the heat danger would not have passed before firemen arrive. Since they are arriving sooner, firefighters need to have additional training to learn how to handle the spontaneous combustion.

Mr. Bruns thanked Mrs. Winemiller for the opportunity to work at the Toll Road Festival.
He asked how the Montgomery county budget committee was formed. Mr. Applegate said it was by state law.

Mrs. Terry said she was glad people enjoyed the Toll Road Festival. She said she was at a loss at the situation about the millage but that she didn't know why any citizen would deny our city any money that was coming to us that could be used. She said she wanted that to be a matter of public record and that she was not in agreement with that.

Mr. O'Callaghan said they made around 11,000 dollars at the Toll Road festival which is approximately what the city made last year. Mr. O'Callaghan stated that when council specifies that what they say is for the public record, that actually anything that is said at the meeting is part of the public record.

Mr. Applegate read his closing statement that was read at the county budget hearing. He said the bottom line is the city's concern for public safety.

Mr. Applegate said the fire department crew went over to Clayton to assist their department to get their rating for the rural part of town. Engine 81 was sent over at Clayton's request.

On State Route 48, they still have services to run and two major connections but held off until after the Toll Road Festival.

Chief Gessner thanked the Englewood Police for helping out at the Toll Road Festival.
In the "Speak Up" column, there was a comment about two or three officers on duty one night and one officer on the next night. The chief said sometimes part-timers work to get experience and they have to work when they aren't working at their full time jobs. If two part-timers can work the same night, the Chief said he will utilize them. Union's crime rate is very low and the officers that Union has on duty are very active.

Mayor Packard said he thought the police department was doing a very good job.

Chief Bergman said it was dryer than most people realize. He cautioned everyone against even parking over leaves. He added that Huber Heights recently lost a police cruiser in that situation. The catalytic converter is much hotter than what it would take to set leaves on fire.

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

Respectfully submitted,

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

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