Union City Council Meeting Minutes
Fourth Quarter 2006
 
October 10, 2006, Meeting Minutes
October 12, 2006, Meeting Minutes (special meeting)

October 23, 2006, Meeting Minutes
November 13, 2006, Meeting Minutes
November 27, 2006, Meeting Minutes
December 11, 2006, Meeting Minutes
 

October 10, 2006

 

Mayor Packard called the October 10, 2006 City of Union council meeting to order. The meeting was held at 7:30 p.m. on Tuesday evening due to the holiday on Monday, October 9, 2006. Attendance was taken and the following council members were present: Mr. Bruns, Mrs. Terry, 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 council minutes from the September 25, 2006 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. Mr. Beyer abstained, the other council members concurred and the September 25, 2006 council minutes were accepted.

2. Citizens' and Visitors' Comments Mayor Packard acknowledged Judy Collins from West Martindale Road. She spoke concerning a grant to teach pioneer history to ten and eleven year olds. This program is affiliated with the Shelby County Historical Society. She said the event was very well received and the children enjoyed the presentation.

3. Open Agenda

Mayor Packard said he had received two applicants to fill the vacant council seat. Copies of the applications were distributed to the council members. Mayor Packard asked that the council set a date to go over the applications for the council position.

Mr. Bruns moved to hold a special council meeting on Thursday, October 12, 2006, at 7:30 p.m. for the purpose of interviewing and filling the vacant seat on the council. Mr. O'Callaghan seconded the motion. All concurred and the motion passed.

Mr. O'Callaghan asked how close they were getting to having Old Springfield Road open. Mr. Applegate said he hoped within the next few days depending upon the weather. He said the project was close to being completed. Mrs. Terry said there had been a problem with the gravel that was left on the street for three weeks before the road was slurry sealed. She said that Mr. Applegate had taken care of that and the residents were happy.

Mrs. Terry said there was another little problem on Shaw Road. She said that it was between two business people. She contacted Mr. Applegate and he met with them and he would be checking on the results tomorrow. 

Mr. Beyer said he had received a call about water bubbling on Worman Drive. He asked if Mr. Applegate knew about that. Mr. Applegate said he had not heard about any problems in that area. Mr. Beyer had advised the resident to call dispatch since the city office was closed that day. Mr. Applegate said he could check with the city maintenance foreman.

4. Mr. Beyer moved that the council meeting be adjourned. Mrs. Goudy seconded the motion. All concurred and the October 10, 2006 City of Union council meeting was adjourned.

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council


_________________________
Lawrence Beyer, Vice-mayor

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October 12, 2006 (special meeting)

The City of Union council held a special council meeting on October 12, 2006, on Thursday evening, at 7:30 p.m.

Mayor Packard called the meeting to order and attendance was taken. The following council members were present at the meeting: Mr. Bruns, Mrs. Terry, 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.

Mayor Packard asked if the two applicants for the council position would like to step out of the room while each of them was being interviewed. Both applicants decided to remain in the audience.

1. Mayor Packard asked if there were any additions or corrections of the minutes from the October 10, 2006 council meeting. There were no corrections so Mr. Bruns moved that the minutes of the October 10, 2006 council meeting be approved. Mr. Beyer seconded the motion. All concurred and the council minutes were accepted as prepared.

2. There were no comments or questions from the visitors in the audience.

3. Discussion and action on vacant council seat.

Applicants: Joseph R. Channell and Jean Kyle

Mayor Packard said due to the death of Jerry Hissong, the council needed to appoint a Union resident for the rest of Mr. Hissong's term of office.

Mr. Channell introduced himself and told the council why he was interested in serving on the council. He has been a Union resident for six years and is a graduate of Wright State University. He wanted to become a council member so he could be more involved in the community. Mr. Channell answered several questions from the council members including his opinions on the income tax.

Mayor Packard asked if Mrs. Kyle had anything to say to the council. Mrs. Kyle said she had always been active in the city. She said she had worked with the fire department and helped get the first ambulance for the city. She said she had volunteered and worked at various city functions. The council talked to Mrs. Kyle about her thoughts on the city income tax. She said she was for the city income tax and city growth and would like to have a post office in town. Mrs. Kyle has been a longtime Union resident and is retired from Delphi.

Mr. Bruns nominated Mrs. Kyle to the vacant council seat. Mrs. Terry voted against the nomination and the other council members voted in support of the nomination. Mrs. Kyle was appointed to fill the unexpired term of Mr. Hissong.

Mayor Packard invited Mr. Channell to apply for future positions on the council and Mr. O'Callaghan invited him to participate in serving on the park board or other positions that would be available.

Mr. Moore swore in Mrs. Kyle as the newest council member and she took her place at the dais.

4. Open Agenda

Mayor Packard asked about Old Springfield Road and Mr. Applegate said he hoped it would be paved by Saturday.

Several of the council members thanked Mr. Channell for his interest and encouraged him to run for council at the next election.

Mrs. Kyle thanked the council and said she was looking forward to working with them.

5. Mr. Beyer moved that the council meeting be adjourned. Mrs. Goudy seconded the motion. Mrs. Terry voted against the motion. The other council members voted for the motion and the council meeting was adjourned.

 

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council


_________________________
Lawrence Beyer, Vice-mayor

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October 10, 2006

Mayor Packard called the October 23, 2006 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. Kyle, Mrs. Terry, Mayor Packard, Mr. O'Callaghan, and Mr. Beyer. Other city staff members present were John P. Applegate, City Manager, and Joe Moore, Law Director. Mrs. Goudy was not present at the meeting. There was no record of her calling. Her absence was not excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections on the minutes from the October 12, 2006 special council meeting.

There were no corrections so Mr. Bruns moved that the minutes from October 12, 2006 special council meeting be accepted. Mr. Beyer seconded the motion. All concurred and the minutes were accepted as prepared.

2. Citizens' and Visitors' Comments There were no comments from the citizens and visitors at the meeting.

3. Open Agenda

Mayor Packard reminded everyone that Beggar's Night would be on Tuesday, October 31, 2006 from 6:00 p.m. to 8:00 p.m.

Mr. O'Callaghan asked about the status of Old Springfield Road. Mr. Applegate said they hoped to get it open on Friday. He said the road was paved and striped. They are finishing grading and reshaping the ditches so opening the road would depend on how much rain they get. Mr. Applegate said Old Springfield Road was looking very nice.

Mr. O'Callaghan asked if the leaf pick up program was going okay. Mr. Applegate said that so far everything was going well.

Mr. O'Callaghan asked for everyone to get out and vote. He asked that they vote for the income tax and he asked them to vote on the smoking issue.

Mrs. Kyle asked if Dayton Power and Light was in charge of trimming the trees that grew up through the lines. Mr. Applegate suggested she call Dayton Power and Light. He said that they might help for a particular problem, but in a rear yard, it was frequently considered the homeowner's problem.

Mr. Applegate said if the city would get the income tax passed, they hoped to start a service where if residents would trim their trees, the city could pick up branches and chip them up for residents. He said that would save the home owners some expense and future problems.

Mayor Packard asked if there was a number that Mrs. Kyle could call for Dayton Power and Light and Mr. Applegate offered to call about the situation.

Mrs. Terry said Asplundh came over on Boitnott and cut down trees. She said they had not notified residents. Asplundh works for Dayton Power and Light. Mr. Applegate said if there was a problem, Dayton Power and Light would have contacted Asplundh. Mr. Applegate said Mrs. Kyle's area was in the back and not as accessible and would have to be done by hand.

Mrs. Terry asked if people would go out and vote. She said she had gotten her leaves picked up and they had done a good job. She said she noticed that some streets have been done. She asked if some holes in front of her neighbor's house could be patched.

Mr. Bruns asked how much more road work would be done. Mr. Applegate they will see how much they get done. They did take care of Morning Glory because of the project they were doing. They will also be taking care of San Bernardino Trail.

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

 

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council


_________________________
Lawrence Beyer, Vice-mayor

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November 13, 2006

The City of Union council meeting was held on Monday evening at 7:30, on November 13, 2006. The meeting was called to order by Mayor Packard.

Attendance was taken and the following council members were present: Mr. Bruns, Mrs. Terry, Mrs. Kyle, Mayor Packard, Mr. O'Callaghan, Mrs. Goudy, and Mr. Beyer. Other city staff members attending the meeting 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 October 23, 2006 council meeting. There were no corrections so Mr. Bruns moved that the council minutes be accepted as prepared. Mr. Beyer seconded the motion. Mrs. Goudy abstained and the other council members voted for the motion. The October 23, 2006 City of Union council minutes were accepted as prepared.

2. In the citizens' and visitors' portion of the meeting, Tom Hillard indicated he wanted to address the council. He said that the council and staff deserve a lot of compliments for the work that was done on Old Springfield Road. He said he had driven that road for fifty years and he thought straightening up the road was a tremendous improvement. He thanked them for doing that for the citizens. Mayor Packard said that was something that Mr. Hissong had always wanted done.

3. ONE READING - RESOLUTION 06-11 - 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. Applegate said this was a resolution that was done annually authorizing the city manager to enter into a contract with the law office of Montgomery County. If this was not done, the court would appoint private counsel and the city would have to pay for that. The passage of this resolution would be a more economical choice.  Mr. Bruns moved to have the one and only reading and adopt Resolution 06-11. Mr. Beyer seconded the motion. All concurred and Resolution 06-11 was passed on the first reading.

4. Open Agenda

Mayor Packard agreed with Mr. Hillard about the improvements on Old Springfield Road.

Mr. Beyer said he was disappointed about the outcome of the vote for the income tax. He said they had estimated that only about ten percent of the residents would have to pay the tax. He added that roughly twenty percent of the people voted against it. Mr. Beyer added that the city would be put in a bad situation within the next few years. He said the budget committee would take this up again in the next few weeks.

Mrs. Goudy said she agreed with Mr. Beyer and said that they were evidently not getting the information about the income tax across to the residents.

Mr. O'Callaghan said he agreed with the statements concerning Old Springfield Road and thought the improvements would make the street much safer and he commented on how much nicer the road looks.

Mr. O'Callaghan also agreed with Mrs. Goudy and Mr. Beyer about the income tax and said he didn't know what else they could do to provide information about the income tax. He thought the information provided was very straight forward.

He said he thought people see the word "tax" and vote against it. He said the city's need for the money was not going away and they would have to keep trying to get an income tax passed.

Mr. O'Callaghan also commented that the housing starts have gone down slightly this year so the income from building permits fees has decreased.

Mr. O'Callaghan also reminded everyone of the Christmas tree lighting ceremony on November 26, at 6:00 at the fire house.

Mrs. Kyle said she had called Dayton Power and Light about the trees and they sent out two crews. They will do a little trimming now but after the first of the year, they will go through town and take care of all the trees. Mr. Applegate said he had called and confirmed that.

Mrs. Terry asked about leaf pick up. She said they have only done one side of her street. She asked if the equipment has been broken down. Mr. Applegate said he would check. He said within the last two weeks, most of the leaves had come down so it was taking them longer to go through town due to the volume of leaves.

Mr. Bruns said he was disappointed that the income tax did not pass. He added he had voted for the income tax and he would be one of the ten percent that would have to pay the tax. He said he did not understand why the people that would not have to pay did not vote in favor of the tax.

Mr. Bruns asked when the Christmas lights on Main Street would go on. Mr. Applegate said the lights always went on the day after Thanksgiving. The Christmas tree lighting is always the Sunday after Thanksgiving.

Mr. Applegate said the city has received the NPDES permit from the EPA and have appealed it. Upon the advice of the law director, they have also hired an environmental attorney from Cincinnati. Satisfying the new permit requirements would be very expensive for the city. A preliminary hearing has been scheduled. If Union fails to get consideration from the review board, they will take it to the courts. The attorney believes they have a very good chance.

The City of Englewood is joining with Union on these costs. Englewood has not received their permit yet but the same requirements will be placed upon Englewood concerning the Stillwater River. Both cities are participating in the trading program and they have already done testing on the Stillwater. The Ohio EPA testing results are higher than the results from the Miami Conservancy District.

Mr. Applegate said the violations are taking place upstream and the Ohio EPA has no regulatory powers over private individuals so they are making the cities pay.

Mr. Applegate said they did lose the income tax and the need for it does not go away. The matter will go back before the budget committee and back to the council. He asked if anyone had gotten a copy of the letter from the "concerned citizen" concerning the tax. They had provided a copy in the council's packets. Mr. Applegate said they send copies of the city newsletters to other city managers and they had complimented the content and presentation of the facts contained in the newsletter. They had tried to keep it simple so everyone would understand it. Mr. Applegate said they would be back with another recommendation to the council.

Mr. Applegate had also distributed additional information on regional dispatch which is the final draft. The county has guaranteed a rate of $6.65 per dispatch. Currently, the city is paying $5.18 per call. The city contracts dispatching with Englewood with 3% increase per year for three years. They used to use the county for dispatching. Until it becomes cost effective to change, Mr. Applegate recommended that they stay with Englewood.

Mayor Packard said that the RTA would not cut off Union all together. Mr. Applegate said he had attended a meeting concerning that. The RTA will restrict the number of trips. Mr. Applegate said if there was a drop of ridership, they would drop Union. Mr. Applegate said if people want to use the RTA busses, they should continue using now. Mr. Bruns suggested they put that information in the next newsletter.

Mr. Applegate said the RTA is paid from the Montgomery County sales tax that the citizens pay.

Mr. Moore said that when the city renews the public defender contract it allows anyone that is indigent or can not afford an attorney to have a public defender assigned to him because they have a right to representation. This was decided by a Supreme Court case.

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

 

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council


_________________________
Lawrence Beyer, Vice-mayor

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November 27, 2006

The City of Union council meeting was called to order by Mayor Lawrence Beyer on November 27, 2006, at 7:30 p.m. Attendance was taken and the following council members were present: Mayor Beyer, Mr. Bruns, Mrs. Terry, Mrs. Kyle, Mr. O'Callaghan, and Mrs. Goudy. Other city staff members present were John P. Applegate, City Manager, and Joe Moore, Law Director.

Mayor Beyer called for a moment of silence and asked that they remember Mayor Packard in their own way.

1. Mayor Beyer asked if there were any corrections or additions on the minutes from the November 13, 2006 council meeting. There were no corrections so Mr. Bruns moved that the minutes be accepted. Mr. O'Callaghan seconded the motion. All concurred and the minutes were accepted as prepared.

2. There were no comments from the citizens and visitors in the audience.

3. Open Agenda

Mayor Beyer said he had several items for the open agenda. He stated that the loss of Mayor Packard was totally unexpected. He also added that the reason that he did not stand during the pledge of allegiance was that he had difficulty standing.

Mayor Beyer moved that Mr. O'Callaghan be appointed to the position of Vice-Mayor. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mayor Beyer said with the death of Mayor Packard there was an opening on the budget committee. The budget committee members are Mayor Beyer and Mr. Bruns.

Mayor Beyer moved that Mr. O'Callaghan replace Mr. Beyer's position and serve on the budget committee. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mayor Beyer moved that a vacancy be declared on the council and that eventually they would be taking applications for the position of council member. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mayor Beyer said at the next meeting, they will accept applications and they have thirty days to make that decision.

Mayor Beyer said he had been in a discussion with both Mr. Applegate and Mr. Moore, the city attorney concerning this next matter. Mayor Beyer told the council that Mayor Packard and his wife had been in the process of purchasing cemetery plots and were making payments.

Mr. Applegate said the cost of each grave is $250.00 for a Union resident. A partial payment on two graves had been made by Mayor Packard.

Mayor Beyer moved that the city donate the grave site for Mayor Packard only, to the family. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

Mrs. Goudy said she was very sad that there was another vacancy on the council. Mr. O'Callaghan said he agreed with Mrs. Goudy and that they would miss Mayor Packard and his enthusiasm for the city.

Mr. O'Callaghan said the tree lighting ceremony was a huge success, assisted by the nice weather. He thanked John and Sharon Applegate, Shirley Hissong, John Bruns, Jean Kyle, Larry Beyer, the fire department, the ladies from the La Sertoma club. They had cookies and hot chocolate and Santa Claus.

Mr. O'Callaghan asked about the second meeting date in December. Mr. Applegate said they were going to try to get all of the city business done by the first meeting in December so they could cancel the second one, which would fall on Christmas day. The council decided to wait until the next meeting before changing the meeting date.

Mrs. Kyle said she was saddened by Mayor Packard's death. She thought the tree lighting ceremony went well and the city looks very nice with the decorative lights.

Mrs. Terry that she felt a great loss concerning Mayor Packard. She then asked if someone had applied for Mr. Hissong's vacant position could he use that same application for this new position.

Mr. Applegate said no, he would need to submit a new application for the new council vacancy. Mr. Bruns commented that he had been on council since 1988 or 1989 and for him, Bob had always been there. He said it was now sinking in that Bob was gone and would be missed.

Mr. Applegate said there was a memorandum in the council packets concerning action taken by the planning commission on a change of zoning for property located on the east side of the Stillwater River. Mr. Applegate asked for the public hearing for rezoning be set for January 22, 2007. Mr. Applegate asked for a motion so they can start the procedure with legal ads, notifying surrounding property owners, etc.

Mayor Beyer moved to set a public hearing date for January 22, 2007 for a zoning change for Landtech Developers for land east of the Stillwater River. Mr. Bruns seconded the motion. All concurred and the public hearing date was set for January 22, 2007.

Mr. Applegate said there was another memorandum in their packets that included a study done by Fairborn on local government costs. The first page includes Local Government costs of twenty-four cities, with Union still at the lowest cost. The second page has residential property taxes for twenty-four cities and Union is fourth highest. Trotwood is higher and they have an income tax, Bellbrook, which does not, Oakwood, which does, and then Union, which does not. The effective millage is all very close. If the income tax would have passed, Union would be in the eleventh position, about the middle of all of the communities, still a good position.

Mr. Moore said he had been the city attorney for Union for a number of years and Mayor Packard had been on council a great deal of time also. Mr. Moore expressed his condolences to the Packard family.

Mr. Moore, referring to the Christmas lights, said the city looks beautiful.

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

 

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council


_________________________
Michael O'Callaghan, Vice-mayor

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December 11, 2006

The December 11, 2006 City of Union council meeting was called to order by Mayor Beyer on Monday evening at 7:30 p.m.

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

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

Mayor Beyer called for a moment of silence.

1. Mayor Beyer asked if there were any additions or corrections from the council minutes from the November 27, 2006 council meeting. There were no corrections or comments so Mr. Bruns moved that the minutes be approved. Mr. O'Callaghan seconded the motion. All concurred and the November 27, 2006 City of Union council minutes were accepted as prepared.

2. Citizens and Visitors Comments.

Mayor Beyer recognized Andrew Fowler, from 101 Burgundy Drive who had a question for the council. Mr. Fowler asked about the income tax ordinance on the agenda and information that he had received from someone besides the city, concerning how much the city of Hamilton would charge to administer the income tax. He asked if it was a contract amount or based on a percentage of the taxes raised. Mayor Beyer said the city was originally going use Vandalia, but found they were far too expensive to administer the tax. Mayor Beyer asked Mr. Applegate or Mrs. Winemiller to explain who they were considering to administer the income tax. Mr. Applegate said that Hamilton would charge five percent of the amount collected. A consortium which consists of Englewood, Vandalia, and Brookville base their charge on the number of filings. Mr. Applegate said with the small amount of money Union would be collecting, they would almost be paying out what was collected to administer the income tax. Mr. Applegate said he would prefer that the city could go somewhere closer but Hamilton is the cheapest at five percent.

3. ONE READING - ORDINANCE 1410 - AN ORDINANCE AMENDING THE ANNUAL APPROPRIATIONS ORDINANCE FOR 2006 AND DECLARING AN EMERGENCY.

Mr. Applegate said that there were several ordinances on the agenda that dealt with fiscal year 2006 and the beginning of fiscal year 2007that were housekeeping ordinances. Ordinance 1410 deals with the amendment of the annual appropriations for 2006 and needs to be passed sothe city can comply with the city charter and the Ohio Revised Code. Mr. Bruns moved that Ordinance 1410 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 No. 1410. Mayor Beyer seconded the motion. All concurred and emergency Ordinance 1410 was adopted on the first reading.

4. ONE READING - ORDINANCE 1411 - ANNUAL APPROPRIATION ORDINANCE FOR FISCAL YEAR 2007 AND DECLARING AN EMERGENCY.

Mr. Applegate said this was the appropriations ordinance for 2007. He said they had met with the budget committee and it was their recommendation to adopt this ordinance for 2007. Mayor Beyer said that was correct and the ordinance had to be passed as an emergency since the appropriations begin on January 1. Mr. Bruns moved that Ordinance 1411 be declared an emergency for the reasons set forth in the ordinance. Mayor Beyer seconded the motion. All concurred and the motion was passed. Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance No. 1411. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1411 was adopted on the first reading.

5. ONE READING - ORDINANCE 1412 - 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 2007 AND DECLARING AN EMERGENCY.

Mr. Applegate said this ordinance was for any pay raises for 2007. Mr. Bruns moved that Ordinance 1412 be declared an emergency for the reasons set forth in the ordinance. Mayor Beyer seconded the motion. All concurred and the motion was passed. Mr. Bruns them moved to have the one and only reading and adopt emergency Ordinance 1412. Mr. O'Callaghan seconded the motion. All concurred and emergency ordinance 1412 was adopted.

6. FIRST READING - ORDINANCE 1413 - AN ORDINANCE LEVYING A TAX ON INCOME, AS DEFINED HEREIN, IN ORDER TO PROVIDE FUNDS FOR THE PURPOSES OF GENERAL MUNICIPAL OPERATIONS, AND PERMANENT IMPROVEMENTS OF THE CITY OF UNION. (three readings)

Mr. Applegate said this ordinance was added after meeting with the budget committee and reviewing  fiscal year 2006 and the budget for 2007. This ordinance deals with putting a one percent credit income tax, effective 01/01/07 to deal with financial problems that the city is faced with such as the reclassification of worker's compensation of the fire department, which is an additional expense, with the emerald ash borer, and a lawsuit that the city has been dealing with since 1998, now ruled in the city's favor, and whether they file an appeal or not. Mr. Applegate added that the housing starts are down, which is one of the main sources of revenue for the general fund. The city needs to come up with additional revenue especially in regard to the fire department. Mr. Applegate explained that in property taxes, one mill generates roughly $100,000 dollars. This one percent income tax will generate roughly $100,000. The income tax is based on where people work and roughly ninety-five percent of the people living in Union are working in another community and already pay an income tax. If the city would fail to get this income tax, they will need to put a property tax on the ballot which everyone would pay. The city has always felt that was harder on the property owners and for the retired citizens to have a property tax rather than an income tax. Mr. Applegate said the staff recommends adopting the one percent credit income tax Mayor Beyer said he did not see the news report on the income tax on Channel 2. Mr. Applegate said Channel 2 had called late afternoon and wanted to come out and talk to him. Mayor Beyer said the news report had made some comment on "retroactivity" and he asked Mr. Applegate to address that. Mr. Applegate said yes, the ordinance would start or go into effect after three readings and thirty days and would start from January 1, 2007.

Mrs. Terry asked if this would go to the ballot in May. She was told this income tax would not go to the ballot. Mr. Bruns asked if he could make a comment. He said it was mentioned in the news report that said there would be an election which was misleading. Mr. Bruns said it implied that even though the council passed this, there would be an election for it, which is not necessarily true. Mr. Applegate said they had made that fact clear and there was a lot of things discussed with the reporter but they were told their discussion would be edited.

Mr. Bruns moved to have the first reading of Ordinance 1413. Mr. O'Callaghan seconded the motion. Mr. Bruns, Mrs. Kyle, Mayor Beyer, Mr. O'Callaghan, and Mrs. Goudy voted for the motion and Mrs. Terry voted against the motion, saying she thought the people should vote on the issue. Ordinance 1413 was passed to the second reading.

7. ONE READING - RESOLUTION 06-12 - A RESOLUTION DECLARING THE OFFICIAL INTENT AND REASONABLE EXPECTATION OF THE CITY OF UNION ON BEHALF OF THE STATE OF OHIO (THE BORROWER) TO REIMBURSE ITS SEWER FUND FOR THE RINEHART ROAD SANITARY PUMP STATION ELIMINATION PROJECT WITH THE PROCEEDS OF TAX EXEMPT DEBT OF THE STATE OF OHIO.

Mr. Applegate said this resolution was required by Issue II, state level, for the grant/loan for the lift station. This is a requirement for the state since this is a grant/loan. The passage of this will enable the city to be reimbursed for what they have paid.

Mr. Bruns noted that the title on the agenda is correct, but in the resolution itself, the word "sewer" needs to be added as the fund. With that correction, Mr. Bruns moved to have the one and only reading of Resolution 06-12. Mr. O'Callaghan seconded the motion. All concurred and Resolution 06-12 was passed on the first reading.

8. Open Agenda

Mayor Beyer said they have a vacancy on the council and they would start accepting applications for council up until midnight of December 26. After that, they would have fifteen days to interview the candidates, which would be January 10. Mayor Beyer asked if they would like to conduct interviews on January 8 or if they would like to have a separate meeting.

Mayor Beyer asked if Mrs. Winemiller would notify the candidates of the date. The council decided to have a separate meeting so Mayor Beyer moved to have a special meeting on Wednesday, January 10, 2007 at 7:30 p.m. for the exclusive purpose of interviewing candidates and appointing a council member. Mr. Bruns seconded the motion. All concurred and the motion was passed.

Mayor Beyer commented that there was a website dedicated to the trashing of Union. He said several participants had commented that the city should lower the flag at half staff, honoring Mayor Packard. Mayor Beyer said he looked up that information and in Title 4 of the United States Code, Chapter 1, there are four occasions where the American flag can be flown at half staff. The first occasion is every Memorial Day, the second is Peace Officer's Memorial Day on May 15, the third occasion is by direct order of the President of the United States if there is someone he deems appropriate, and the fourth is if an individual in a state passes away, such as a member of the state government. The governor of the state has the authority to order all the American flags within the state to be flown at half staff. Mayor Beyer said unfortunately the Mayor's death did not fall into any of those situations, so he wanted to make it clear that is the law of the United States that governs the flying the American flag at half staff.

Mayor Beyer wished everyone a merry Christmas, a happy new year, and a joyous Hanukkah season.

Mrs. Goudy wished Union citizens a merry Christmas. She said she had brought a few things to council earlier in the year, like traffic problems, etc. She had checked back with those people and the problems have been corrected so she thanked the police department.

Mr. O'Callaghan wished everyone a happy holiday. He said Mrs. Bruns and he would be judging the holiday decorating on December 19, the following Tuesday. He said there were some extraordinary decorated homes in Union.

Mrs. Kyle, Mrs. Terry and Mr. Bruns passed on their best wishes for the holidays.

Mr. Bruns mentioned the memorandum in the council packets concerning the meeting dates of council for the next year. Mr. Bruns asked if there was a need for the second meeting in December? Mr. Applegate said the council had taken the action necessary for the housekeeping items for the end of the year. Mr. Bruns moved that the second meeting in December be canceled. Mrs. Kyle seconded the motion. Mayor Beyer voted against the motion. The other council members voted for the motion and the motion passed. The second meeting in December is canceled.

Regarding the meeting dates for 2007, Mr. Bruns said there were several meetings that fell on Monday holidays. Mr. Bruns moved that three of the meetings, for May 28, Memorial Day, October 8, Columbus Day, and November 12, Veteran's Day, be moved to Tuesday, the next day. Mrs. Goudy seconded the motion. All concurred and the three meeting dates were changed.

Mr. Bruns moved to cancel the second meetings in July and August. Mrs. Goudy seconded the motion. Mayor Beyer voted against the motion. The other council members voted for the motion and the motion was passed. The council will not meet the second meeting in July and August.

Mr. Applegate wished everyone happy holidays.

Mrs. Winemiller reminded everyone that the city was having a food drive and will be adopting a family. The deadline for donations is December 18. She wished everyone a happy holiday.

Mr. Moore said in the last three to five months, there were several cases that the city initiated concerning right of ways. There is one pending and another one has been resolved.

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

 

Respectfully submitted,

_________________________
Denise A. Winemiller,
Clerk of Council


_________________________
Michael O'Callaghan, Vice-mayor

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