Union City Council Meeting Minutes
Fourth Quarter 2003
 
October 14, 2003, Meeting Minutes
October 27, 2003, Meeting Minutes
November 10, 2003, Meeting Minutes
November 24, 2003, Meeting Minutes
December 8, 2003, Meeting Minutes
December 15, 2003, Meeting Minutes
 

October 14, 2003

The City of Union council meeting was called to order by Mayor Packard on Tuesday, October 14, 2003 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 September 22, 2003 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 motion was passed. The council minutes were accepted as prepared.

2. Cindy Bach, from the Montgomery County Solid Waste District was present to give an overview of the Montgomery County Solid Waste Program.

Ms. Bach talked to the council about the Montgomery County Solid Waste programs that are being offered. The City of Union is one of the twenty-eight communities that make up the solid waste district. Union's trash goes to the north incinerator and then to the landfill - so all items that are not recycled go into the ground.
Ms. Bach explained about some of the prices and some of the items that the county will accept from tires to batteries.
The web site for Montgomery County Solid Waste District is kirby.org.
She talked about events for kids like poster contests, recycled sculpture contests and that representatives visit the schools.

3. Mayor Packard asked if there were any comments from the citizens and visitors in the audience. He recognized Judy Collins who had been talking about Ohio history during the meetings as part of Ohio's bicentennial celebration.
She talked about Ohio's tree, which is the buckeye. She also passed around a news clipping discussing statues of the Ohio presidents in Washington D.C. and a book compiled by Ulysses S. Grant.

4. Open Agenda

Mayor Packard commented that the leaves were falling and the city had started their leaf collection pick up on October 14.

Mayor Packard said he had received a letter from a person that walks in town asking people to clean up after their pets.

Mrs. Goudy asked if the city would consider offering non-profit organizations a reduced fee for the Toll Road Festival. Mrs. Winemiller said non-profit organizations already got a discount. Commercial vendors pay $180.00 and the non-profit organizations are charged $75.00. She said she would be happy to try to work with the organizations. Mrs. Goudy thought that was a substantial discount and that possibly the organizations were unaware of that.

Mrs. Terry said she knew what the letter writer was talking about concerning people walking their dogs because she had witnessed similar situations.

Mr. Bruns said the city has passed an ordinance dealing with that and the information was already included in a newsletter. Mr. Bruns suggested that the letter writer contact the local newspaper.
Mr. Bruns thanked Ms. Bach for her presentation.

Mr. Applegate said the new pump and motor was installed for the new well. They were waiting for approval from the Ohio EPA before the well could go on line.

5. Mayor Packard moved that the meeting be adjourned to an executive session and he asked that City Manager John Applegate, Clerk of Council Denise Winemiller, Law Director Joe Moore, and attorney Lynnette Ballatto be present during the executive session. Mr. Beyer seconded the motion. All concurred and the council went into an executive session to discuss pending litigation. No decision will follow.

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

6. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the October 14, 2003 council meeting was adjourned.
Respectfully submitted,

Respectfully Submitted,

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

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October 27, 2003

The October 27, 2003 City of Union council meeting was called to order by Mayor Packard on Monday evening at 7:30 p.m.

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

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

Mayor Packard said that Mr. Beyer had called and said he would be out of town on business. Mayor Packard moved that Mr. Beyer be excused from attending the meeting. Mr. Bruns seconded the motion. All concurred and his absence was excused.

Mayor Packard said that Mrs. Terry had called him and said that due to a medical test scheduled the next day, she was taking medication and would not attend the meeting. Mayor Packard moved to excuse Mrs. Terry from the council meeting. There was no second to the motion and Mrs. Terry's absence was not excused.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes of the October 14, 2003 council meeting. There were none so Mr. Bruns moved that the minutes be approved. Mr. O'Callaghan seconded the motion. All concurred and the minutes were accepted as prepared.

2. As part of Ohio's bicentennial celebration, Mrs. Collins had some comments about historical Germantown and a new museum that opened there.

3. Open Agenda

Mayor Packard reminded everyone of the upcoming election and said the information the city had sent out on the police levy and income tax was very informative. He said they were two important issues on the ballot and he encouraged everyone to vote. He said he had been talking to some citizens and was explaining how beneficial the passage of both items would be in helping the city.

Mr. O'Callaghan agreed with the comments about encouraging people to get out and vote and also mentioned that Thursday, October 30, was Beggar's Night . He asked that all residents, when driving that evening, watch out for children celebrating Halloween. The hours are from 6:00 p.m. to 8:00 p.m.

Mr. O'Callaghan also said that the Christmas Tree Lighting Ceremony for the City of Union would be Sunday evening on November 30, at 6:00 p.m.

Mr. O'Callaghan added that there was a issue concerning the school board on the ballot that was very important to help the schools.

Mr. Hissong thanked the council members for supporting the important issues on the ballot and said all the council members had signs in their yard except Mrs.
Terry.

Mr. Bruns said that because there was not a lot of competition for people running for reelection, he hoped that it would not affect the people going out to vote since there were still some very important issues on the ballot.

Mr. Applegate said that the city's Christmas decorations were going up on State Route 48.

Chief Blackwell said that he wanted to emphasize what Mr. O'Callaghan had said and warned people to be extra careful and drive slowly for Beggar's Night.

Mayor Packard asked Chief Blackwell about responding to customer's complaints in Concord Meadows about speeding. Chief Blackwell said they had been monitoring traffic and running radar and he was keeping records. He said that most of the traffic violations were from people that live in that area, not from the builders and contractors working there. He said they would continue to monitor the situation.

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

Respectfully Submitted,

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

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November 10, 2003

The November 10, 2003 City of Union council meeting was called to order on Monday evening at 7:30 p.m.

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 members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

Mrs. Terry had not called in and her absence was not excused.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes from the November 10, 2003 council meeting. There were no corrections so Mr. Bruns moved that the council minutes be accepted as prepared. Mayor Packard seconded the motion. Mr. Beyer abstained, the other council members voted for the motion and the council minutes were accepted as prepared.

2. In the citizens and visitors portion of the council meeting, Mrs. Collins addressed the council as part of the Ohio Bicentennial celebration.
She passed around an article on Portsmith, Ohio and also discussed the census that was started in the 1800's and the growth of the Ohio population.

3. ONE READING - ORDINANCE 1303 - AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE COMBINED HEALTH DISTRICT OF MONTGOMERY COUNTY FOR THE CONTRIBUTION OF TEN PERCENT (10%) OF RETURNED LIQUOR PERMIT FEES TO SUPPORT THE PREVENTION AND TREATMENT OF ALCOHOLISM AND CHEMICAL DEPENDENCY. (waive three readings)

Mr. Applegate said this was an annual agreement to return ten percent of the liquor permit fees to Montgomery County to support the treatment of alcoholism and chemical dependency. Mr. Applegate said this amounted to approximately $150.00 per year.

Mr. Beyer moved to suspend the charter requirement of three separate readings on three separates days in regard to Ordinance 1303. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt Ordinance 1303. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

4. FIRST READING - ORDINANCE 1304 - AN ORDINANCE AMENDING CHAPTER 373 OF THE UNION CODE, RELATING TO BICYCLES AND MOTORCYCLES. (three readings)

Mr. Applegate said in talking with the police chief, the cost of the bicycle licenses was increasing and to cut costs for the city and residents, they decided to issue one license for each bicycle and not having to renew and order new licenses each year. The city does not license motorcycles. That is done through the Bureau of Motor Vehicles.

Mr. Bruns moved to have the first reading of Ordinance 1304. Mr. Beyer seconded the motion. All concurred and Ordinance 1304 was passed to the second reading.

5. ONE READING - RESOLUTION 03-10 -A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE LAW OFFICE OF THE MONTGOMERY COUNTY PUBLIC DEFENDER TO PROVIDE LEGAL SERVICES FOR INDIGENT PERSONS CHARGED WITH JAILABLE OFFENSES UNDER THE CITY=S LOCAL ORDINANCES.

Mr. Bruns asked how many times this occurred in the city. Mr. Applegate said probably two to three times a year. Mr. Applegate said usually the city gets money refunded.
Mr. Bruns questioned a section of the agreement concerning charges. Mr. Applegate said the agreement has not been changed from previous years. Most of what would occur in Union would be considered misdemeanors . It was unlikely that a situation would occur that would involve the section of the agreement concerning charges that Mr. Bruns questioned.

Mr. Applegate said this was the annual agreement that the city had with the Montgomery County Public Defender's office to provide legal services for indigent persons.

Mr. Beyer moved to adopt Resolution 03-10 on the first reading. Mr. Hissong seconded the motion. All concurred and the motion was passed

6. Open Agenda

Mayor Packard said he was glad the elections were over. He thanked Mrs. Hissong for her help to the community.

Mr. Beyer asked if Mrs. Terry had called about not attending the meeting. She had not so Mr. Beyer asked that the record show in the roll call section that her absence was not excused.
Mr. Beyer asked if the garlands around the street lights on Main Street would be lit for Christmas. Mr. Applegate said the street light garlands would have colored lights.

Mr. Beyer commented about the police levy not passing and that there was a lot of misinformation and half truths about the income tax. He said someone had distributed information about Englewood being such a success story, but Englewood had an income tax and commercial and industrial properties that contributed to their success.

Mrs. Goudy said she agreed with the comments that Mr. Beyer had made and said she wanted to express her extreme disappointment that neither of Union's two levies passed.

Mr. O'Callaghan said it was disappointing that the levies failed and that need for the tax would not go away. He said he hoped that it could be put back on the ballot.
He announced that the Christmas tree lighting would be on November 30, 2003 at 6:00 p.m. at the corner of West Martindale and Montgomery Streets.

Mr. Hissong said they had worked hard on the levies and that they would have to come back with another try. Mr. Hissong said he thought that the light poles being lit up looked sharp. He also said that the work done on Old Springfield Road down the hill looked great.

Mr. Bruns said that he thought they should look harder at the situation before putting anything on the ballot. He said possibly they were not getting their message out. He wanted to find out what went wrong. He said the council all knew how much both were needed, especially the police levy. He said some members of the council had put effort into the passage of the levies and some had not.

Mr. Beyer had some additional comments on the tax levies and commented that Union has a reputation for not voting for tax and school levies. He said he hoped that both levies go back on the ballot.

Mr. Applegate said for whatever reasons, the levies went down. Referring back to the letter sent out to residents referring to Englewood as a success story, he agreed with Mr. Beyer that Englewood was successful because they had an income tax to fund their city. He said services in Union have not declined since 1970. He disputed other claims in the mailing that was sent out. The city has until December 18 to put the levies on the ballot for a vote in March. Mr. Applegate said they could consider putting a property tax on the ballot.
Mr. Applegate said the police department is implementing cost cutting measures right now which has to be done so the department will operate in the black. Mr. Applegate said they would be faced with a fire and rescue levy in the future also. The station was built for volunteer firemen - not for a station being operated twenty-four hours a day.
Mr. Applegate added that the complaint in the mailing against annexations was false. The annexed land will help the city in the future and has not caused any problems. Residents do not want any kind of industrial buildings or commercial business next to their residences and the land annexed allows the city to have the room for an industrial park, away from existing homes.
Mr. Applegate said that Chief Blackwell was out of town but he would be back and discuss some of the cost cutting measures that would be implemented.

Mr. Applegate recommended that the council authorize the city manager to take the necessary steps to obtain the information from the auditor's office in regard to the police levy so they can start the process of putting the issue on the ballot again.

Mr. Beyer moved to authorize the city manager to take the necessary steps to obtain information from the auditor's office in order to place a police levy on the ballot. Mr. Hissong seconded the motion. All concurred and the motion was passed.

Mr. Beyer asked about the status of the church. Mr. Applegate said the contract to purchase the church building was based upon the levy passing. Mr. Applegate said that the church representatives were still talking to the city because they feel it would be a benefit to the community.

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

Mr. Beyer declared a point of order and the Mayor asked Mr. Moore if he had any comments for the council.

Mr. Moore said regarding the Kidwell/Butler Township case against the city, the city's briefing has been completed and they hope to have a decision from the court by November 24.

Mr. Beyer withdrew the point of order.


Mayor Packard said the meeting was adjourned.

Respectfully Submitted,

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

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November 24, 2003

The City of Union council meeting was called to order by Mayor Packard at 7:30 p.m. on November 24, 2003 on Monday evening.

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 to the minutes from the November 10, 2003 council minutes. There were no corrections so Mr. Bruns moved that the minutes be accepted as prepared. Mr. O'Callaghan seconded the motion. Mrs. Terry abstained, the other council members voted in favor of the motion and the minutes were accepted as prepared.

2. Mayor Packard said he had two people in the audience that had asked to make a comment.

Mayor Packard recognized Judy Collins. As recognition of Ohio's centennial celebration, Mrs. Collins talked about inventions and patents, particularly from Thomas Edison and others from Ohio.

Mrs. Shirley Hissong thanked Mayor Packard for helping collect the political signs after the November election. She also thanked Mr. Applegate for the appearance of Main Street with the Christmas decorations on the street lights and pear trees and added that Main Street looked absolutely wonderful.

3. SECOND READING - ORDINANCE 1304 - AN ORDINANCE AMENDING CHAPTER 373 OF THE UNION CODE, RELATING TO BICYCLES AND MOTORCYCLES. (three readings)

Mr. Beyer moved to have the second reading of Ordinance 1304. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1304 was passed to the third reading.

4. ONE READING - ORDINANCE 1305 - AN ORDINANCE AMENDING THE ANNUAL APPROPRIATIONS ORDINANCE FOR 2003 AND DECLARING AN EMERGENCY.

This is an annual ordinance to adjust line items of the 2003 budget. Mr. Beyer commented that the budget committee had looked over the budget the preceding week and recommended the passage of Ordinance 1305.

Mr. O'Callaghan moved that Ordinance 1305 be declared an emergency for the reasons set forth in the ordinance. Mrs. Goudy seconded the motion. All concurred and the motion was passed.

Mr. O'Callaghan then moved to have the one and only reading and adopt emergency ordinance 1305. Mr. Beyer seconded the motion. All concurred and emergency Ordinance 1305 was adopted.

5. ONE READING - ORDINANCE 1306 - AN ANNUAL APPROPRIATION ORDINANCE FOR 2004 AND DECLARING AN EMERGENCY.

Mr. Applegate said this ordinance would establish the appropriations for 2004.

Mr. Beyer moved that Ordinance 1306 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Bruns moved to have the one and only reading and adopt emergency ordinance 1306. Mr. Beyer seconded the motion. All concurred and emergency ordinance 1306 was adopted.

6. ONE READING - ORDINANCE 1307 - AN ORDINANCE ESTABLISHING A REGULAR PAY TABLE, ASSIGNING PAY GRADES STEPS/SALARIES AND THE MAXIMUM NUMBER OF FULL-TIME, REGULAR PART-TIME, PART TIME (SEASONAL) AND AUXILIARY POSITIONS WITHIN THE CITY OF UNION FOR 2004 AND DECLARING AN EMERGENCY.

Mr. Applegate said this ordinance sets the pay tables and raises for city employees starting January 1, 2004 and needs to be passed as an emergency to meet the time frame. The same time frame also needed to be met for the two prior ordinances.

Mr. Bruns moved that Ordinance 1307 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Bruns then moved to have the one and only reading and adopt emergency ordinance 1307. Mr. Hissong seconded the motion. All concurred and emergency ordinance 1307 was adopted.

7. ONE READING - RESOLUTION 03-11- A RESOLUTION DECLARING THE NECESSITY OF A REPLACEMENT POLICE LEVY IN EXCESS OF THE TEN-MILL LIMITATION AND REQUESTING THE COUNTY AUDITOR TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE CITY OF UNION AND THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED BY A SPECIFIED NUMBER OF MILLS.

Mr. Applegate said this resolution dealt with the motion made by the council at the last meeting authorizing the city staff to take the necessary steps to put the police levy back on the ballot in March and request the figures for the tax valuation of properties from the Montgomery County Auditor's Office so the city will know the amount of revenue to be generated.

Mr. Bruns moved to have the one and only reading and adopt Resolution 03-11. Mr. Beyer seconded the motion. All concurred and Resolution 03-11 was adopted.

8. Open Agenda

Mayor Packard read the flyer requesting donations of non perishable items for Union's holiday food and gift drive. Last year, the city helped six families with food and gifts.

Mr. Beyer asked if the city could put the notice in the newspaper. Mrs. Winemiller said they could.

Mr. O'Callaghan invited everyone to come to the tree lighting ceremony on Sunday, November 30, at 6:00 p.m.

Mrs. Terry said at the last meeting, Mr. Hissong had said something about her not having signs in her yard during the time before an election. Mrs. Terry said she frequently does not have signs. She added that Mayor Packard had come to her and asked her about posting an Issue 2 sign in her yard and she had agreed. She said even though she has not had signs in her yard, she has always supported the police department and would always support the police levy. In addition, she commented that she probably used their services as much as anyone and appreciated them all.

Mr. Applegate said the holiday lights along Main Street will be turned on Friday night.

9. Mayor Packard moved that the council meeting recess for an executive session and he asked that Mr. Moore, Mr. Applegate, and Mrs. Winemiller attend the executive session. Mr. Beyer seconded the motion. All concurred and the motion was passed. The council moved to an executive session.

After the executive session, Mayor Packard moved that the council meeting be reconvened. Mr. O'Callaghan seconded the motion. All concurred and the meeting was reconvened.

Mr. Moore said that the city had a contract to purchase the church property contingent upon the passing of the income tax. Since the income tax did not pass, the city can not meet their obligation to purchase the property on the corner of Martindale and Montgomery roads.
10. Mr. O'Callaghan moved that the council meeting be adjourned. Mr. Bruns seconded the motion. All concurred and the November 24, 2003 City of Union council meeting was adjourned.

Respectfully Submitted,

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

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December 8, 2003

Mayor Packard called the December 8, 2003 City of Union council meeting to order on 7:30 p.m. Monday evening. 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 members present were John P. Applegate, City Manager, Joe Moore, Law Director, Mike Blackwell, Police Chief, and Janet Hamilton, sitting in for Mrs. Winemiller, Clerk of Council.

Mrs. Terry had not called in and her absence from the council meeting was not excused.

Mayor Packard moved to amend the agenda so that the council members that had been re-elected would be sworn in. Mr. Bruns seconded the motion. All concurred and the agenda was amended.

1. Mayor Packard asked if there were any additions or corrections from the minutes of the November 24, 2003 council meeting. There were no changes so Mr. Bruns moved that the council minutes be accepted as prepared. Mayor Packard seconded the motion. All concurred and the minutes were approved.

2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience. Mrs. Collins talked about some interesting Ohio sights, such as Clifton Mills and Young's Dairy, as part of the Ohio Bicentennial celebration.

3. A PROCLAMATION HONORING JUDITH HOKE COLLINS.

Mayor Packard presented Mrs. Collins with a proclamation for all of her research and for speaking at each council meeting with informative facts about the State of Ohio and for supplying the city residents with State of Ohio booklets.

4. THIRD READING - ORDINANCE 1304 - AN ORDINANCE AMENDING CHAPTER 373 OF THE UNION CODE, RELATING TO BICYCLES AND MOTORCYCLES. (three readings)

Mr. Beyer moved that the council have the third reading and adopt Ordinance 1304. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1304 was adopted.

5. ONE READING - ORDINANCE 1308 - AN ORDINANCE PROPOSING A REPLACEMENT LEVY FOR THE PURPOSE OF THE POLICE LEVY FUND AND CERTIFYING THE QUESTION TO BE PLACED ON THE BALLOT TO THE MONTGOMERY COUNTY BOARD OF ELECTIONS. (waive three readings)

Mr. Applegate said the passage of this ordinance was necessary so the city could put the police levy on the March ballot.

Mr. Beyer moved to suspend the charter requirement for three separate readings on three separate days for Ordinance 1308. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt Ordinance 1308. Mr. Bruns seconded the motion. All concurred and Ordinance 1308 was passed.

6. ONE READING - ORDINANCE 1309 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF MONTGOMERY COUNTY OHIO FOR ITS BOARDING AND DISPOSAL OF CATS. (waive three readings)

Mr. Applegate stated that this contract was an agreement with the Montgomery County Animal Shelter that the city participated in each year for handling lost or stray cats.

Mr. Beyer moved to suspend the charter requirement of three separate readings on three separate days in regards to Ordinance 1309. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading of Ordinance 1309. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1309 was adopted.

7. ONE READING - ORDINANCE 1310 - AN ORDINANCE OF THE CITY OF UNION, OHIO, APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES OF THE CITY OF UNION AND TO AMEND OR ENACT SECTIONS OF THE TRAFFIC AND GENERAL OFFENSES CODES TO CONFORM TO ENACTMENTS OF THE GENERAL ASSEMBLY AND DECLARING AN EMERGENCY.

Mr. Applegate said this was an ordinance that was passed yearly which updated the code books, including any changes that had been made by the council throughout the years and an updating of the traffic code book

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1310. 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 1310. Mr. Beyer seconded the motion. All concurred and Ordinance 1310 was adopted.

9. ONE READING - RESOLUTION 03-12 - A RESOLUTION AUTHORIZING THE EXTENSION OF THE DEPOSITORY AGREEMENT BETWEEN THE CITY OF UNION AND FIFTH THIRD BANK FOR ACTIVE FUNDS.

Mr. Applegate said this was an extension of the existing contract with the city and Fifth Third Bank. He said it was the staff's recommendation that this resolution be passed.

Mr. O'Callaghan moved that they have the one and only reading and adopt Resolution 03-12. Mr. Bruns seconded the motion. All concurred and Resolution 03-12 was adopted.

9. ONE READING - RESOLUTION 03-13 - A RESOLUTION APPROVING THE MONTGOMERY COUNTY NATURAL HAZARD MITIGATION PLAN.

Mr. Applegate said this was a plan that was developed for the communities in Montgomery County, mandated by Congress that all states have to have the mitigation plan on file for each county. The staff recommends the adoption of the plan.

Mr. Beyer moved that they have the one and only reading of Resolution 03-13. Mr. Hissong seconded the motion. All concurred and Resolution 03-13 was passed.

10. Council approval by motion to cancel the last meeting for December 22, 2003.

Mayor Packard moved to cancel the last council meeting in December. Mr. O'Callaghan seconded the motion. Mr. Beyer voted against the motion, the other council members voted for the motion and the motion passed.

11. Open Agenda

The Mayor and all of the council members wished everyone an enjoyable and safe holiday. Mayor Packard complimented the Christmas lighting decorations on the houses in town.


Mayor Packard said he had read an article on pollution on the Stillwater River and the joint response by Englewood and Union. Mr. Applegate said Englewood and Union has attended meetings on what has been proposed and they have voiced some objections and asked for time to respond in writing to the changes in the law. The cities have hired engineers and they are looking into the situation now, before it becomes a law. Some of the problems that occur up stream from the portion of the Stillwater River that is in Union, are from non-regulated sources, such as farm run off. The city's portion of the river is high quality and meets the current standards. Mr. Applegate said they would be watching the situation very closely and he will have further reports to the council at a later date.
Mr. O'Callaghan said they had a very successful Christmas tree lighting. There were over ninety children there so he estimated that there was at least 250 to 300 people present. He thanked the ladies of the La Sertoma club for helping with the cookies and hot chocolate.
Mayor Packard thanked Mr. and Mrs. Hissong for their help with the Christmas tree lighting.

Mr. Applegate said they had a good year in the city except with a few set backs. He said the need was still there for the police levy to be passed. He added that he hoped that the residents would pass the levy in March.

Mr. Applegate said it was always a pleasure working with the council and he was looking forward to another good year for the city. He said he was receiving many compliments about the appearance of Main Street in the city. He wished everyone a merry Christmas and a very good holiday.

Mr. Moore said that the city had received a decision in the city's favor from the Second District Court of Appeals with Butler Township, concerning moving the council meetings.
On April 25, 2002, the Court of Appeals, concerning the Union Township Board of Trustees and the annexation, the decision went against the City of Union but the Court of Appeals decision went to Union's favor, in April 2003.

Recently, they had received a decision from the Montgomery County Common Pleas Court in regards to the annexation charter amendment, and the case is going to the Court of Appeals.

Mr. Moore said last week, the City was served with another case with Union Township concerning the charter amendment. Mr. Moore said he would keep the council advised on all of these cases.

Chief Blackwell reminded people to drive safely during the holidays.

Mayor Packard said there were rumors that because of the failure of the police levy, the police were writing more tickets. Chief Blackwell said that was false - that actually writing more tickets cost the city more money because of the officers having to attend the court cases. He said that the records would show that the citations and warnings are consistent throughout the months. Mayor Packard said he wanted to get that on the record.

12. Mayor Packard was sworn in for his new term of Mayor by Mr. Moore.

Mayor Packard conducted the swearing in of Mr. Bruns, John Hissong, and Michael O'Callaghan for their new terms as council members.

13. Mr. Beyer 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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December 15, 2003

Mayor Packard called the special council meeting to order on Monday evening, December 15, 2003, at 6:00 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, Joe Moore, Law Director, and Janet Hamilton, sitting in for Denise Winemiller, Clerk of Council.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes from the December 8, 2003 council meeting.

Mr. Bruns moved that the minutes be accepted as prepared. Mayor Packard seconded the motion. Mrs. Terry abstained, the other council members concurred and the minutes were accepted as prepared.

2. ONE READING - ORDINANCE 1311 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO FILE A PETITION WITH THE BOARD OF COUNTY COMMISSIONERS OF MONTGOMERY COUNTY, OHIO TO WITHDRAW THE PROPERTY DESCRIBED HEREIN FROM BUTLER TOWNSHIP AND DECLARING AN EMERGENCY.

Mr. Applegate explained that the City of Union residents that resided in Butler Township would have to pay 8.7 mills to Butler Township for the Fire and Ambulance Levy, even though Union provides the fire protection to the area and Union=s millage is only 2.14 mills. To avoid having the Union residents pay the additional millage to Butler Township, the City of Union, by the passage of this ordinance, will present a petition to the Montgomery County Commissioners to withdraw the recently annexed property located within the Union corporation boundaries from Butler Township.

Mr. Bruns moved that Ordinance 1311 be declared an emergency for the reasons set forth in the ordinance. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mr. Bruns moved to have the one and only reading and adopt emergency Ordinance 1311. Mr. O'Callaghan seconded the motion. All concurred and emergency Ordinance 1311 was adopted.

3. ONE READING - ORDINANCE 1312 - AN ORDINANCE AMENDING THE ANNUAL APPROPRIATIONS ORDINANCE FOR 2003 AND DECLARING AN EMERGENCY.

Mr. Applegate said an invoice had just come in for the street lights that were installed on State Route 48 that was not included in the amendment of the appropriations so that was one of the items on Ordinance 1312.

The second item included was for the street fund. Mr. Applegate said the increase that was made in the gas tax is starting to bring in some additional funds and since there was a chance of additional snow fall again this year, he thought they would use the money from the gas tax in the street fund to pay for the additional snow plowing this year.

Mr. Bruns moved to declare Ordinance 1312 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 them moved to have the one and only reading and adopt Ordinance 1312. Mr. O'Callaghan seconded the motion. All concurred and emergency Ordinance 1312 was adopted.

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

Respectfully Submitted,

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

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