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Number 8 on the Attorney's General's top ten list of consumer myths is "that people can not take money directly from your bank account without your written authorization." In fact, Chief Gessner said that merely giving someone your bank account number may result in a withdrawal from your account. People can issue a "demand draft" claiming that the account holder has authorized the withdrawal and the bank may pay it even though there is no signature. The account holder may not know about it until he receives his next statement.

Mayor Packard asked about children riding their bicycles on the sidewalks.

Chief Gessner said that bikes are to yield to pedestrians on sidewalks. Bicycles, skateboard, roller blades, etc., can ride on the sidewalk but they must yield to pedestrians.
Mayor Packard suggested that information could be included in the next newsletter.

Bud Bergman reminded the citizens that it was tornado season. He suggested they keep track on weather predictions and know where to go during a tornado, the lowest floor of the home, a windowless room in the center part of the house, and try to get under something substantial for extra protection. He said stay away from open fields, trailer parks, and cars.
There is a fire siren on the firehouse tied into dispatch so they can set it off if there is a tornado. The siren is not designed to wake people up at night but would give some indication that something is wrong.
In response to a question from the Mayor about the siren going off during the day, Chief Bergman said that sometimes when there is a power surge or power outage, the siren can be set off.

4. Mayor Packard moved that the council, Mayor, law director, and City Manager recess into an executive session on personnel matters. Mr. Beyer seconded the motion. All concurred and the meeting recessed into an executive session.

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. Mayor Packard seconded the motion. All concurred and the council meeting was adjourned.

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

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April 26, 1999

The April 26, 1999 City of Union 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 said that Mr. Terry had contacted him at home and Mrs. Terry was not able to attend the meeting due to an illness in the family. Mayor Packard moved that her absence be excused. Miss Greg seconded the motion. All concurred and Mrs. Terry's absence was excused.

Mayor Packard called for a moment of silence.

1. Mayor Packard asked if there were any questions or comments on the minutes from the April 12, 1999 council meeting. There were none so Mayor Packard moved that the minutes be approved. Miss Gregg seconded the motion. All concurred and the minutes were accepted as prepared.

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

Mr. Arnett said he had a few comments and he passed out a document to the councilmembers to clarify what Mr. Beyer had said at the preceding council meeting.
He read what Mr. Beyer had said about taking an oath in 1952 to up hold the constitution. Mr. Arnett said he had accused Mayor Packard, Mr. Beyer and Mrs. Winemiller of signing a false statement into the record for Union. Mr. Arnett said Mr. Beyer seems to have denied that. He also said that Mr. Beyer said Mr. Arnett opposed the gravel driveway ordinance and that was not true, he had opposed the retroactive zoning.
Mr. Arnett stated that in the record of the minutes of October 23, Mr. Gerlach asked about making an ordinance retroactive and if Union was a statutory or charter form of government.
Mr. Arnett then went into details concerning his son-in-law's law suit, referring to high-lighted portions of a document. The two false statements Mr. Arnett was referring to was that the ordinance said "whereas the current ordinance does require off street parking areas to be paved" and that the council finds it "necessary and desirable to define paving, not require it." Mr. Arnett said those are the two false statements he is referring to. He said the court case established that the city is not allowed to do retroactive zoning and that is what he set out to do.
He then read a portion of a judge's decision on another matter revised code 3501.38 about removing signatures after a petition is filed. He said the published records is on the people's published web site and there was no reason why anyone should say the decision was not unanimous.

Glynn Marsh from Sweet Potato Ridge Road said there was a serious accident in front of his property where a car flipped over. It was the responsibility of Clayton and they sent out both of their ambulances and the city of Union ambulance also responded. The City of Union police handled the traffic responsibilities even though the accident was in Clayton's jurisdiction. Mr. Marsh said the incident showed the spirit of cooperation between the two cities. He said that they should be very proud of the Union Police Department and Rescue Squad.

Mr. Marsh also reminded the council that Sunday, May 2 was the second annual open house for the Randolph Township Historical Society at the Janice Ward Center in Clayton, from 1:00 to 5:00 Sunday afternoon.
He encouraged everyone to attend.

Carolyn Sowders, circulation manager at the Englewood Independent, referring to the shooting incident at Columbine High School in Colorado, commented about some teenagers that had come before the council earlier, asking for a location for skateboarding, etc. She asked if the building for sale next to the YMCA on Martindale Road could be used for area kids. She said she would like the communities to join together and provide some recreational facility for the children to avoid future problems.

Mayor Packard said unfortunately, he felt that providing a recreational area would not be the total answer to the problem. He said that solving problems should begin at home but that they could look into that.

Mr. Gauvy from McCraw said he was asked by a neighbor about fences in the front yard. He asked about the requirements. Mayor Packard said there was an ordinance requiring a permit for fences.
Mr. Applegate said they had a summary of the regulations available in the front office. There have been no recent changes in the ordinances. Mr. Applegate said four foot fences were permitted in the front yard.

Mr. Joe Moore, regarding the Bell law suit, read the magistrate's decision and conclusions of law, to the council about the clarification of the ordinance on gravel driveways. The court of appeals agreed with the earlier court's decision that the ordinance clarified an existing ordinance. The issue was not about or did not deal with retroactive zoning, it was to clarify the ordinance so the city could define paving.

Regarding the unanimous Supreme Court decision, Mr. Moore said to keep in mind that there was a prior court case which raised an issue about "dictum" that signatures can be withdrawn from petitions, not removed. The removal statute is clear, but there is a different question concerning withdrawal, where some residents requested the withdrawal of their names. Mr. Moore said that was one of the major issues in the case whether people had the right to withdraw.

3. Dr. Isaiah Olanipekun Adegbile from the U.S. Department of Commerce will address the council concerning the 2000 Census.

A video was shown, encouraging people to correctly fill our their census form and send it in and explaining the importance of an accurate census. The census assures that people are fairly represented in government, it can affect economics, influences development of new police and fire departments, indicates new areas for building, etc. The census hires local enumerators to help with accuracy. The enumerators will be going door to door, checking maps, and asking questions. They make lists of where people live and check into households that do not send in a completed census.

Dr. Adegbile said there are twelve regional census centers. One is in charge of Ohio, Michigan, and West Virginia. The center is located in Detroit Michigan.
They would like to hire people from the community to assist in the census.
There will be two kinds of census forms. The short form will only take ten minutes to complete. The long form will take thirty minutes to complete.

He explained that the forms will be confidential and any violation of that, people would be subject to a $5,000 fine and five years of imprisonment.

There will be three short forms mailed out for every long form that is sent out. The enumerators will be going to the homes where the people have not returned their forms.

Mr. Marsh said census records are very important historical information, containing family information for genealogists, and information on determining occupations. Census records are kept for approximately seventy years. Mr. Marsh said the last one that has been released is the 1920 census.
The enumerators will be hired in July and August and will be working until April 1, 2000.

4. Open Agenda

Mayor Packard said he had recently attended the Northmont Chamber of Commerce luncheon. He said the Northmont area was growing and there were many plans initiated by Clayton for the future. He said he felt that all the entities and committees would be working together.

Mr. Beyer, regarding the suggestion about a location for children to play, he said at one time there were plans for a recreational district but he didn't know if that would be considered again in the future.

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