Union City Council Meeting Minutes
Fourth Quarter 1999
 
Oct. 12, 1999, Meeting Minutes
Oct. 25, 1999, Meeting Minutes
Nov. 8, 1999, Meeting Minutes
Nov. 22, 1999, Meeting Minutes
Dec. 13, 1999, Meeting Minutes
Dec. 23, 1999, Meeting Minutes

Oct. 12, 1999

Mayor Packard called the council meeting to order at 7:30 on Tuesday, October 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, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief.

Mayor Packard said that Miss Gregg had called and she and members of her family were ill so she would not be able to attend the meeting. Mayor Packard moved to excuse Miss Gregg from the council meeting. Mr. Beyer seconded the motion. All concurred and Miss Gregg's absence was excused.

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 27, 1999 council meeting. There were none so Mayor Packard moved that the council minutes be approved. Mr. Beyer seconded the motion. All concurred and the minutes were approved as prepared.

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

3. FIRST READING - ORDINANCE 1166 - 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. (three readings)

Mr. Applegate said that this was the renewal of a contract for a two year period. This agreement with the Montgomery County Commissioners started in 1993.
Mr. Applegate said in reading the contract, he discovered that the county was requesting a return of the contract within thirty days. Mr. Applegate said to submit the contract on time, they would need to waive the three readings.

Mr. Moore asked that the agenda be amended to reflect the change in the number of readings of Ordinance 1166.

Mr. Beyer moved to amend the agendato reflect the change. Mr. Bruns seconded the motion. All concurred and the agenda was amended.

Mr. Beyer then moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1166. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to have the one and only reading and adopt Ordinance 1166. Mr. O'Callaghan seconded the motion. All concurred and the ordinance was passed on the first reading.

4. Open Agenda

Mayor Packard commented that the leaf pick up program had started. Mr. Applegate said since the leaves were coming down early and the equipment was ready, the crew had been out and was picking up leaves before October 12, which was the date originally scheduled to begin. Mrs. Terry said residents were asking her what day their leaves would be picked up. Mr. Applegate said they do the primary roads first, then secondary roads, then cul-de-sacs. He said when they would get to a particular property would vary due to the amount of leaves down and equipment malfunction. He said they will have two leaf pick up machines operating this year so they hope the pickup will go more quickly.
In response to additional questions from Mrs. Terry, Mr. Applegate said residents not wanting to bag their leaves could put them out with the trash, using the Rumpke yard waste bags. He advised residents to keep cars off the streets, especially the cul-de-sacs. Residents are not required to rake their leaves.

Mrs. Shields thanked Mr. Applegate for the council tour of the well # 1 water control facility. She also commented that the Brethren Home looks very nice.

Mr. O'Callaghan asked if Mr. Applegate would address the comments in a recent "Speak Up" column in the Dayton Daily News on watering lawns.
Mr. Applegate said there were places in Ohio that were declared as drought situations but that Union was one of the few cities that had an excess of water. He said there was no ban on watering in Union. The newspaper column referred to people on Martindale Road, one a council member, watering the lawn while there was a ban on watering. Mr. Applegate said there was no ban on watering in the City of Union and that many of the people living on Martindale Road use a pump to draw water from the creek to water their lawns.
Mr. Applegate suggested that people get their facts straight because the comments in the "Speak Up" column were unnecessary and wrong.

Mr. Applegate distributed a report to the council that was on the city's water system, called the Consumer Confidence Report (CCR) which is a new, mandated, yearly report required by the Ohio E.P.A. The report must be provided to all residents and will be delivered this week. The deadline is October 19, 1999. Mr. Applegate said this report could also be found on the official City of Union web page, (www.ci.union.oh.us).

5. Mr. Beyer moved that the council meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the October 12, 1999 City of Union council meeting was adjourned.

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

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Oct. 25, 1999

The council meeting was called to order by Mayor Packard.

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 asked for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes of the October 12, 1999 council meeting. Since there were no comments from the council, Mayor Packard moved that the minutes be approved. Mr. Beyer seconded the motion. Miss Gregg abstained, Mr. Bruns, Mayor Packard, Mrs. Shields, Mr. O'Callaghan, and Mr. Beyer voted for the motion. The minutes were approved as prepared.

2. Mayor Packard asked if there were any comments from the citizens and visitors in the audience. There were no comments.

3. ONE READING - RESOLUTION 99 - 07 - A RESOLUTION SUPPORTING AND ENDORSING THE NORTHMONT CITY SCHOOLS NINE MILL RENEWAL LEVY ON THE NOVEMBER 2, 1999 BALLOT.

Mr. Applegate said this was a resolution to support and endorse a nine mill renewal levy for the Northmont Schools. Mr. Applegate said it would be a zero tax increase and they felt it would be appropriate for the council to take a position on the issue.
Mr. O'Callaghan stated that he felt that people moved into a community or stayed in a community not only because of the city's services, like their water or fire department but also because of the school systems. Mr. O'Callaghan said he will always support the school system.

Mr. Bruns moved to have the one and only reading and pass Resolution 99-07. Mr. O'Callaghan seconded the motion. All concurred and the motion was passed.

4. Open Agenda

Mayor Packard encouraged everyone to get involved with the November election, to support their candidates and go out and vote.
Mrs. Shields reminded everyone to watch out for the children on Beggar's night this weekend.
Miss Gregg said she echoed the mayor's advise and encouraged people to go out and vote.

Miss Gregg added that when she was moving to the Dayton area from Columbus years ago, she had asked the real estate agent to find a home in an area with a good school system and they had placed her family in Union because of their school district.

Mr. Bruns reminded everyone that Beggar's Night was Saturday, October 30, from 6:00 p.m. to 8:00 p.m.
He also encouraged people to vote for the person that would do the best job for Union.

Mr. Moore informed the council that they had several zoning violations that they are taking to court. They attended a trial that week for Union versus Joe Plashek, from 213 Keller Court. Mr. Moore said he could not contribute much details concerning the case because it was still under advisement and they were preparing briefs. Mr. Moore explained that at the trial, Mr. Plashek was accompanied by his attorney, candidate Julie Johnson, Carla Edwards, and Ron Kidwell. The case concerns whether overnight parking or storage of a tractor trailer has occurred. Mr. Moore said the city is trying to control 5,000 lb or more trucks from being parked and coming into the city. Mr. Moore said they may have to revisit this legal issue at another time.
He said the ordinance prohibits the overnight parking or storage of the trucks and Mr. Plashek's attorney is trying to have the city prove that the truck as there overnight. The city has photographic evidence that the truck was parked at 213 Keller Court on several occasions.
Mr. Applegate said residents do not like to see tractor trailers parked in the neighborhood and that if they see a vehicle, they call into the city. Mr. Applegate said he and the police chief had discussed that there have been more tractor trailers coming into the city over the last two years than ever before.

The police chief, Dan Gessner, said that Officer Kern had purchased Halloween candy for Beggar's Night and he thanked Mayor Packard for his donation. Chief Gessner said the police will be out that night. The Chief added that there had been very few complaints or problems the last few years.

Fire Chief Bud Bergman said that there were professional solicitors calling for the Dayton Fire Fighters. He added that in some cases, the solicitors were going beyond the wording they were provided, trying to get additional money and credit card numbers. Chief Bergman has talked to the Dayton fire fighters concerning this and he is trying to contact the solicitor. He suggested that even though it was not for a bad cause, residents should just say no to giving a donation or their credit card number - that the money would not go to support Union and that the promoters usually get ninety percent of the action.

5. Mr. Beyer moved that the 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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Nov. 8, 1999

Mayor Packard called the City of Union council meeting to order at 7:30 p.m. Attendance was taken and the following councilmembers were attending the meeting: 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 Mrs. Terry had contacted him and would either be late to the meeting or might not be able to attend. When asked if she said why, Mayor Packard said it was for personal reasons. Mr. Bruns suggested that they wait until later in the meeting to excuse her absence in case she was able to attend.

Mayor Packard asked for a moment of silence.

1. Mayor Packard asked if there were any questions or comments on the council minutes from the October 25, 1999 council meeting. There were no comments so Mr. O'Callaghan moved that the council minutes be approved. Miss Gregg seconded the motion. All concurred and the minutes were accepted as prepared.

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

Mr. Scott Branscum from the Northmont School Board, thanked the council for their endorsement and said that the school levy was approved with a 75% approval rating. He said that the city's endorsement helped encourage voters to support the levy.

3. Swearing in of Jennifer L. Lynn as volunteer EMS.

Mayor Packard asked Jennifer Lynn to step forward and be sworn in as a volunteer EMT for the City of Union Fire Department.

4. Swearing in of Steve J. Henderson as volunteer firefighter.

Steve Henderson was also asked to step forward to be sworn in as a volunteer firefighter for the City of Union Fire Department.

5. Open Agenda

Mayor Packard said he had met many interesting people during the recent campaign.

Mr. O'Callaghan thanked everyone for their support and said he was disappointed with the voter turn out. He said that only twenty-three percent of the registered voters had gone to the polls.

Mrs. Shields asked how the leaf pick up program was going and Mr. Applegate responded that it was going very well.

Miss Gregg congratulated Mayor Packard on his win in the election and said she agreed with Mr. O'Callaghan about the disappointing turn out of the voters.

Mr. Bruns moved that Mrs. Terry's absence be excused. Miss Gregg seconded the motion. All concurred and her absence was excused.

Mr. Bruns thanked everyone for voting. He said he wished that more people were interested - whether they were happy or mad about the way things were going and would go to the polls. He congratulated those individuals that got elected and thanked those that ran and did not get elected, and for participating in the democratic process.

Mayor Packard asked if any of the other candidates in the audience had anything to add.

Mr. Hissong thanked everyone that helped him get elected. He said he had served on the council years ago.

Reverend Arnett said he was not disappointed - but was very happy and very pleased.
He said he had gone door to door in Mr. O'Callaghan's neighborhood and the people had spoken very highly of him as a neighbor.
He said the same things were said about Mayor Packard - that everyone likes him, and Miss Gregg.

Mr. Moore said he had a brief update on several zoning violations that were going to trial.
On a property that has needed extensive repairs, the court had granted a continuance and the resident was given until December 1, 1999 to resolve the problems.
On two others that concern the parking and storage of tractor/trailers, one case was tried and there was no decision. Mr. Moore said the terms in the ordinance, "overnight and storage" may have to be revisited. He said that they will dismiss the case that was tried and dismiss another case for the same reason. He said the council will need to consider if they should bring back an ordinance to prohibit any kind of parking. Any proposed change would have to go before the Plan Board and possibly rewritten.

Police Chief Dan Gessner said that Beggar's night went very well. He thanked the Mayor for his donation towards the candy. The Chief said everyone had a good time.
Chief Gessner said before the council meeting, Frankie Mauro had been sworn in as an auxiliary policeman and will be going to police school.

Fire Chief Bud Bergman welcomed Steve Henderson and Jennifer Lynn. He said that it is amazing how many new people have come forward - he said that interested citizens want to get involved.
Chief Bergman said the fire department has received their defibrillator. One half of the cost was paid for by a state grant. Both ambulances will now have one.
The Chief also stated that Rosetta Barker was the coordinator for the American Heart Association Chapter and she was able to train people to operate automatic defibrillators.

Miss Gregg said she also wanted to congratulate Mr. Bruns, Mr. Beyer, Mr. Hissong, and Mr. O'Callaghan for their success in the recent election.


6. Mr. Beyer moved that the meeting be adjourned. Mr. O'Callaghan seconded the motion. All concurred and the City of Union council meeting was adjourned.

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

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Nov. 22, 1999

The 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, 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 asked for a moment of silence.

1. Mayor Packard asked if there were any additions or corrections to the minutes for the November 8, 1999 council meeting. There were no comments so Mayor Packard moved that the minutes be approved. Miss Gregg 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 comments from the citizens and visitors in the audience. There were no comments.

3. Open Agenda

Mayor Packard asked when the Christmas tree lighting would be held. Mr. O'Callaghan said the Christmas tree lighting would be this Sunday, November 28, at 6:00 p.m. at the corner of West Martindale Road and Montgomery Street. There will be hot chocolate, cookies, music, etc.

Mrs. Shields and Miss Gregg wished everyone a safe and happy Thanksgiving.

Miss Gregg said that traffic had been moving very well along State Route 48, even with all the road reconstruction. She congratulated Union and Englewood for the job they were doing.

Mr. Bruns asked if there would be a problem with the snow removal on State Route 48. Mr. Applegate said it would not be easy - that some of the barrels would no doubt be knocked over. Mr. Applegate said it would take more time.

Mrs. Terry asked if the road work as far as traffic would get any worse.
Mr. Applegate said the group overseeing the State Route 48 project would be moving in a third crew and instead of working in Union in February or March of next year, they would be starting around Sheets Street the middle of next week, then go to Martindale to Charles, all this year, in 1999. If the weather stays nice, the asphalt companies will stay open and they will keep working until a few days before Christmas. The advantage is that the project will be done sooner. They will be working on the east side of the road with the storm sewer.
Mr. Applegate said he had been driving State Route 48 every day and things are going well.
In response to a question from Mr. O'Callaghan, they will probably start removing the pear trees by sometime next week. Mr. Applegate said there will be no lights on the pear trees this year. All the electric lines have been moved back to the new poles and everything has been disconnected. Mr. Applegate said for $15,000, they could have set temporary lines. They chose not to do that because of the expense.

Mr. Applegate passed out information from A.J. Wagner on the Triennial property tax update. The update is required by law. Every six years there is a full reappraisal and every three years, there is a triennial update. Three years ago they went through the full appraisal.
When you look at the information sheet, the property tax rate will be adjusted to offset the inflation value.
Only the inside millage is affected. Mr. Applegate went through some comparisons on what would go to the fire department, general fund, etc.
Mr. Applegate said that in the newspaper, it said that Union's property values showed the highest increase. Mr. Wagner said that was not completely correct. Mr. Applegate said he always felt that it was a good sign that property values were increasing. In the handout, it shows that Union's increase is 18.55 percent. That deals with not only existing housing but also with new construction. The average increase for the existing is around 7%. The county was not able to give them the exact percentage. Vandalia is actually first at 28.98, then Union at 18.55, then Oakwood 15.55. That increase is based on a combination of new construction and existing construction. The average percent increase on existing homes is approximately 7%.
There will be public meetings. Two will be held at the Englewood council chamber for residents, Nov. 29, 1:00-3:00 pm and 7:00-8:00 pm for questions. They will also explain the appeal process.
Mr. Applegate said he was very pleased with it personally.
The increase of 7% is an average for the county on existing housing for the last three years.
Mr. Applegate said he took some calculations on values of homes and taxes paid. For a $100,000 house, he had figured out the appraisals. Thirty-five percent of the appraised value times 1.9 does not amount to much money but it does help the fire fund and general fund. For a 7% increase, it would be an increase of $4.65. For an 18.55% increase, it would be $12.34.
Mr. Applegate said he also passed out a report - a ratio analysis based on the GAAP reports. Union is in the group of cities with 5,000 to 10,000 people which is a group of 59 cities in the state of Ohio. Based on 1997 data, the expenditures per capita group average $721. In the City of Union, it is $270. The revenue per capita is $722 for the group and Union is at $289. There are four other cities besides Union that are similar to Union. This shows that the taxes in Union are not high and that a lot is accomplished in Union with a small amount of money.
Mr. Beyer said to clarify the record, and the minutes, and for the web site, this really is the City of Union in Montgomery County, not Union City in Indiana and Ohio.
Mr. Applegate also noted that some cities have both income tax and property tax. An income tax, on the average, generates 44.77 percent of total revenues. Property tax generates an average of 12.89 percentage revenues. Union's property tax is 35.83 percent and there is no income tax. If the city had an income tax, there would be some relief from the property tax. Mr. Applegate said they should be getting this report every year.
These governmental funds do not involve enterprise funds, which would include water, sewer, pool, etc.

Mr. Applegate said the last item deals with something that the Law Director mentioned at the last meeting, overnight parking and storage requirements and parking of tractor and trailers of over 5,000 pounds. Mr. Applegate said they had conferred with the planning commission and they had recommended that the council set a public hearing to amend the zoning codes. The commission suggested that overnight parking be deleted, and that there be no parking or storage of any vehicle over 5,000 lb in the front, side, or rear yards in a residential area. Mr. Moore is still working on definitions, etc. but they would suggest that the council set the public hearing for January 24, 2000.
Mrs. Terry asked if because of the definition, that was why the ordinance did not stand up. Mr. Applegate commented that she had not heard the Law Director's comments at the last meeting since she had been absent. There was a discussion of what overnight means and what storage is.
Mr. Beyer said that he disagreed with Mrs. Terry's statement that "the ordinance did not stand up".

Mrs. Terry said, "Oh, okay. I just assumed that it didn't when we didn't prevail in the case."

Mr. Moore said, "Well, we never went that far. We just dismissed our cases voluntarily because we chose to do something with the ordinance so that we could erase all doubt and erase all problems that were raised or could be raised."

Mr. Applegate said that is why they want a public hearing to tighten up the ordinance so there is no dispute of what storage, etc. is.
Mayor Packard moved to set the public hearing date to amend the code to prohibit any parking of vehicles of over 5,000 pounds gross weight for January 24, 2000. Mr. Bruns seconded the motion. All concurred and the motion was passed to set the public hearing on January 24, 2000.

4. Mayor Packard moved that the meeting be adjourned for an executive session on personnel matters and that Mr. Applegate, Mrs. Winemiller, and Mr. Moore, the Law Director, and Dan Gessner, the Police Chief, be present at the meeting. Mr. Beyer seconded the motion. All concurred and the motion was passed. There will be no action taken after the meeting.

Mr. Beyer moved that the council meeting be reconvened. Mr. Bruns seconded the motion. All concurred and the council meeting was reconvened.

5. Mr. Beyer moved that the council meeting be adjourned. His motion was seconded by Mrs. Shields. All concurred and the November 22, 1999 City of Union council meeting was adjourned.

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

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Dec. 13, 1999

The City of Union council meeting was called to order by Mayor Robert Packard at 7:30 p.m. Attendance was taken and the following councilmembers were present: Mr. Bruns, Mayor Packard, Mrs. Shields, Mr. O'Callaghan, and Mr. Beyer. Other staff members present were Denise Winemiller, Clerk of Council, Joe Moore, Law Director, Dan Gessner, Police Chief, and Bud Bergman, Fire Chief. Miss Gregg had called and said that she might be arriving late to the meeting.

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 22, 1999 meeting. There were none so Mayor Packard moved that the minutes be approved as prepared. Mrs. Shields seconded the motion. All the councilmembers present voted for the motion and the minutes were accepted as prepared.

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

Mr. Roger Hansel addressed the mayor and council. He said that he was tired of seeing various zoning violations at several properties. He specifically mentioned properties owned by Steve Roth, John Bruns, and Marlin Applegate.
He also complained about the time taken by the office staff in getting back to him on his questions. He asked Mr. Moore how long the office staff had to respond. Mr. Moore said it is hard to answer exactly - a reasonable time is allowed, and that depends on the type and amount of information requested.

Mr. Hansel complained that he had received a violation in the mail from the city and that he wanted an answer on how high his wood pile could be and he said that the zoning inspector, Jim Vehorn, had not called him back.

Mr. Bruns said that what Mr. Hansel had said about his property having a bobcat and a pile of wood was totally incorrect. Mr. Hansel admitted he must be mistaken on the street address and that a bobcat was on Mr. Bruns' property. Carolyn Bruns, from the audience, said there was no wood on the Bruns property either and asked Mr. Hansel for a retraction on his statement about the firewood also.

Mr. Hansel said that he had made various observations from driving around in the city and that he felt that some properties were being overlooked concerning zoning matters and that he did not want to be harassed by the city.

Mr. David Marshall said that he had needed to call for an ambulance and the police had responded within two minutes and the ambulance had arrived immediately within the next minute. He was very complimentary on the emergency squad's actions. Mayor Packard asked Mr. Bergman to pass the compliment along to the fire department and rescue squad.

A new resident, Mr. Sigler, said he had just moved into Union. He said he thought the sewer charge was high. He also said he had an associate that was moving into the city and purchasing a house from a sheriff's auction and that he was going to have to pay a delinquent water bill against the house he was buying.

Mrs. Winemiller said that Englewood does a study each year of the surrounding counties. The survey includes approximately sixty-three communities and Union usually falls between 11th and 19th as one of the cities with the lowest water and sewer rates.

She said if there was a delinquent bill against a property, the utility bill would stay with the property and would become the responsibility of the new owner. Mrs. Winemiller added that the information should be disclosed during the auction, or by the Realtor of the property.

Miss Gregg arrived at the meeting.

3. ONE READING - ORDINANCE 1167 - AN ORDINANCE ACCEPTING THE BID FROM COATE CONSTRUCTION FOR THE PHILLIPSBURG-UNION ROAD CULVERT PROJECT. (waive three readings)

Mrs. Winemiller said they were requesting waiving the three readings so they could go forward with the contract. It was an Issue II project and the ordinance would need to be passed before they could give the contractor a notice of award. The contractor wanted to get started yet this year. Mr. Coate was the low bidder of the project. Mrs. Winemiller said she felt that they had received a very good price from a local contractor. To allow the contractor to get started, they would like to waive the three readings of the ordinance.

Mr. Bruns moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1167. 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 1167. Mr. O'Callaghan seconded the motion. All concurred and Ordinance 1167 was adopted.

4. ONE READING - ORDINANCE 1168 - AN ORDINANCE AUTHORIZING THE AGREEMENT WITH THE MONTGOMERY COUNTY PUBLIC DEFENDER COMMISSION CONCERNING REQUIRED LEGAL SERVICES FOR INDIGENT PERSONS CHARGED WITH VIOLATION OF CITY ORDINANCES FOR THE YEAR 2000. (waive three readings)

Mrs. Winemiller said this is an annual ordinance that the city is requested to pass. It provides for legal fees for indigent persons. The amount of $600.00 is set aside for those legal fees.
Mr. Beyer moved to suspend the charter requirement of three separate readings on three separate days in regard to Ordinance 1168. Mr. Bruns seconded the motion. The councilmembers all voted for the motion and it was passed.

Mr. Beyer then moved to have the one and only reading and adopt Ordinance 1168. Mr. Bruns seconded the motion. All concurred and Ordinance 1168 was adopted on the first reading.

5. Open Agenda

Mayor Packard invited everyone to the next council meeting where the councilmembers would be sworn in for their new terms.

The Mayor also reminded everyone that the city was having a food drive. He asked councilmembers to pass the word along and ask for food donations.
Mayor Packard wished everyone a happy holiday.

Mr. Beyer asked that Mrs. Winemiller make sure that Mr. Hansel would get an answer from Mr. Vehorn and that the other items would be addressed.

Mr. Beyer said that Miss Gregg was not present when roll call was taken but she was now at the meeting and he wanted the record to reflect that.

He also wished everyone a merry Christmas.

Mr. O'Callaghan wished everyone a merry Christmas and a happy new year.
He also announced that the Christmas lighting decoration contest would be judged on Tuesday, December 21, 1999 at 7:00 p.m. He said if anyone wanted the city to take a look at a particular home, to please let them know. He said there are many beautifully decorated homes in Union.

Mrs. Shields thanked the resident that came to speak about the Fire Department and EMS squad. She said usually people are quick to criticize and slow to praise. She said she appreciated his comments. Mrs. Shields also wished everyone a merry Christmas.

Miss Gregg commented that she had recently had a ride in an ambulance and wanted to offer the same praise to the EMS department and she thanked the gentleman attending the meeting for passing on his compliments towards the EMS.

Mr. Bruns asked about another housekeeping ordinance that was passed each year - the ordinance for the ten percent for the liquor fees. Mrs. Winemiller said they had just received the public defender's contract on December 3 which is why it wasn't on an earlier agenda but they had not received the liquor permit fee paperwork. Mr. Bruns said that would need to pass that on a first reading also since Union was receiving the information late in the year.

Mr. Bruns asked if Mrs. Terry had contacted anyone about missing tonight's meeting. Mrs. Winemiller said she had not. Mr. Bruns said that it would be an unexcused absence then.

Mr. Bruns wished everyone a merry Christmas and happy new year. He said one of the things to be thankful for, as people had pointed out, was that Union had an excellent fire and ems department.

Mrs. Winemiller asked Mr. Hansel if he had an answering machine and if he knew for certain that he wasn't called. Mr. Hansel said he had caller ID and an answering machine that was on twenty-four hours a day.

Mrs. Winemiller said Mr. Vehorn had been off sick and works part time but she said she would make sure that he would contact Mr. Hansel. Mayor Packard asked if the city had a list of his concerns. Mrs. Winemiller said she was not there when he had stopped in - she had been on vacation. Mr. Beyer said his concerns were now on the tape. Mrs. Winemiller said she was sure that the secretaries had written his complaints down.
Mr. Hansel said it all boiled down to when Steve Roth lost at the election commission. He said that right afterwards he was being harassed. Mayor Packard said the city would not take up a vendetta against anyone.

Mrs. Winemiller wished everyone a happy, safe holiday and new year.

Chief Gessner suggested people not leave all their presents out in the open in their cars when Christmas shopping. He said keep cars locked, and take all the objects out of the vehicle for overnight.

Fire Chief Bergman said his crews do their best and he appreciated everyone's good comments.

6. Mr. Beyer moved the meeting be adjourned. Mrs. Shields seconded the motion. All concurred and the December 13, 1999 council meeting was adjourned.

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

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Dec. 23, 1999

Mayor Robert Packard called the 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, Dan Gessner, Police Chief, and Joe Moore, Law Director.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any comments or questions from the minutes of the December 13, 1999 meeting. There were none so Mr. O'Callaghan moved that the minutes be approved. Miss Gregg 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 comments from the citizens's and visitor's in the audience. There were no comments.

3. Mayor Packard asked for Michael Blackwell to step forward to be sworn in as Police Lieutenant.

4. ONE READING - ORDINANCE 1171 - 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. (waive three readings)

Mr. Applegate said this was the editing and inclusion of the city's ordinances and also all the ordinances passed by the state. This is done every year and needs to be in effect as soon as possible. Mr. Bruns noticed a typographical error where it said 1996 instead of 1999 in the last part of the ordinance.

Mr. Beyer moved that Ordinance 1171 be declared an emergency for the reasons set forth in the Ordinance. Mayor Packard seconded the motion. All concurred and the motion was passed.
Mr. Beyer then moved to have the one and only reading and adopt Ordinance 1171, including the correction of the date mentioned by Mr. Bruns. Mayor Packard seconded the motion. All concurred and the motion was passed.

5. ONE READING - ORDINANCE 1172 - 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 ordinance that they would need to pass for the county where they will turn over ten percent of returned liquor permit fees. It usually amounts to $130.00 a year and the city has done this for the last twelve to fifteen years.

Mr. Beyer moved that they suspend the charter requirements of three separate readings on three separate days for Ordinance 1172. Mr. O'Callaghan seconded the motion. The councilmembers all voted in favor of the motion and it was passed.
Mr. Beyer then moved to have the one and only reading and adopt Ordinance 1172. Miss Gregg seconded the motion. All concurred and Ordinance 1172 was passed on the first reading.

6. ONE READING - ORDINANCE 1173 - AN ORDINANCE AMENDING THE ANNUAL APPROPRIATION ORDINANCE FOR 1999 AND DECLARING AN EMERGENCY. (waive three readings)

Mr. Applegate said this was an annual ordinance amending the 1999 fiscal year budget - making various adjustments within the various funds. It needed to be passed before the end of the year which is why it was to be handled as an emergency.

Mr. Beyer said the budget committee had looked over this and the other ordinance and they had no problem with it.

Mr. Beyer moved that Ordinance 1173 be declared an emergency for the reasons set forth in the Ordinance. Miss Gregg seconded the motion. All concurred and the motion was passed.
Mr. Beyer then moved to have the one and only reading and adopt emergency Ordinance 1173. Mr. Bruns seconded his motion. All the councilmembers voted for the motion and Ordinance 1173 was passed on the first reading.

7. ONE READING - ORDINANCE 1174 - ANNUAL APPROPRIATION ORDINANCE FOR 2000 AND DECLARING AN EMERGENCY. (waive three readings)

Mr. Applegate said this was the annual ordinance for the year 2000 that establishes the various categories of expenditures. It needed to be passed so the city can start spending money as of January 1st, 2000.

Mr. Beyer moved that Ordinance 1174 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.
Then, Mr. Beyer moved that they have the one and only reading and adopt Ordinance 1174. Mr. Bruns seconded the motion. All concurred and the ordinance was passed.

8. ONE READING - ORDINANCE 1175 - 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 2000 AND DECLARING AN EMERGENCY. (waive three readings)

Mr. Applegate said this was another ordinance, done before the end of each year, that needed to be passed so after the first of the year, employees could be paid.

Mr. Beyer moved that Ordinance 1175 be declared an emergency for the reasons set forth in the ordinance. 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 emergency Ordinance 1175. Mr. O'Callaghan seconded the motion. The councilmembers all voted in favor and Ordinance 1175 was passed on the first reading.

9. Open Agenda

Mayor Packard said it had been a very special year for the City of Union and he thanked the council and staff for all they had accomplished. He said in driving around during this time of year, he could see all the things that the citizens had done to their city to make it a pleasant time of the year and he hoped everyone would have a safe and happy holiday.

Mr. Beyer informed the residents that the reason why the city was having the meeting on an earlier date was because the Northmont Band would be playing in the Orange Bowl next week and two of the councilmembers, Miss Gregg and Mr. O'Callaghan, have children in the band and will be accompanying them, attending the Orange Bowl. Mr. Beyer said they wanted to make sure everyone was present for all the year end housekeeping business. Emergencies were declared on some of the ordinances so they can all be effective by the first of the year. Mr. Beyer said since this will be the last meeting of the year, he moved that the regularly scheduled meeting on December 27, be officially canceled. Mayor Packard seconded the motion. All concurred and the motion was passed.
Mr. Beyer asked if the office could put a sign on the door in case someone did try to attend on Monday, December 27th.
Mr. Beyer said as of December 31, 1999, they would lose Pam Gregg on the council. Mr. Beyer said it had been a pleasure working with her on the council, and earlier, on the planning commission, and that they would miss her. He also welcomed Mr. Hissong, who will be the new councilmember. Mr. Beyer, along with the other councilmembers, wished everyone a merry Christmas, a happy new year, and a happy Y2K.

Mr. O'Callaghan echoed Mr. Beyer's sentiments on his comments for Miss Gregg and Mr. Hissong. He said he was looking forward to the challenges for the year ahead.

Mr. Beyer asked about the Christmas lighting. Mr. O'Callaghan said that he and Mr. Coker had chosen the winning addresses.

Mrs. Shields seconded Mr. Beyer's comments concerning the departure of Miss Gregg and welcomed Mr. Hissong.

Miss Gregg said it had been a pleasure serving on the council - it had been a lot of work and she will miss it, but she took it very seriously and she said she was looking forward to serving the city in another capacity, as it was such a fine city.

Mr. Bruns said he appreciated working with Pam and will miss her. He said he was looking forward to working with Mr. Hissong. He also passed along his best wishes for the new year.

Mrs. Terry said they would miss Pam and said she thought it was wonderful Mr. Hissong was coming on the council. She also wished everyone a merry Christmas and a happy new year.

Mr. Applegate said it had been a good year. Mr. Applegate said the city staff had been very busy - they had accomplished a lot and done a great job. He said he looked forward to Mike being a part the police force as the new lieutenant and they now are fully staffed, up to six officers. He said they are doing a fine job.

Mr. Applegate said it had been enjoyable working with Miss Gregg and he hated to see her go. He said she would still be in town, not leaving the city, and said he was sure she and her daughter would have a great time at the Orange Bowl.
Mr. Applegate wished everyone a great holiday and said the city was prepared for the Y2K. He said he was looking forward to a fine year.
Mayor Packard asked if Mrs. Winemiller wanted to say anything. Mrs. Winemiller said she wanted to thank everyone that helped with the food drive, including Fast Max and Union Tire. They were able to help out four families.
Mr. Moore said there was a trial for a zoning violation case on a gravel driveway. The trial went for three hours and there will be post trial briefs so they won't have any decision until February. The Bell case was a civil case, this was not, it was an actual zoning violation case.
Mr. Moore said Mr. Applegate had been called a number of things over the years but when someone's peers call you something, that means a lot. Mr. Moore said he heard from the City Manager of Vandalia that Mr. Applegate had to attend a meeting of the Mayor and Managers. Then he heard from the City Manager of Tipp City and was told that the Dayton Area Mayors and Managers Association had recognized Mr. Applegate as the Public Manager of the year for the Miami Valley, Southwest Ohio for 1999. Mr. Moore said this was quite an award. He said there were excellent city managers in the area and they were the ones that chose Mr. Applegate for the award.

Chief Gessner thanked the council and mayor for the years that he had been there, for their support over the years.
Mayor Packard said it had been a pleasure watching the department grow over the last sixteen years that he had been serving on the council.

10. Mayor Packard thanked the people that he would be swearing in as new councilmembers, for all their efforts.
He called each councilmember, Mr. Beyer, John Bruns, John Hissong, and Michael O'Callaghan to step forward and be individually sworn in as councilmember for a new term.

Mr. Moore then had Mayor Packard sworn in for a new term as Mayor of the City of Union.

11. Mr. Beyer moved that the December 23, 1999 City of Union council meeting be adjourned. Mrs. Shields seconded the motion. All concurred and the council 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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