PICKERINGTON CITY COUNCIL
TUESDAY, APRIL 19, 2005
CITY HALL, 100 LOCKVILLE ROAD
REGULAR
MEETING AGENDA
7:30
P.M.
1. ROLL CALL, PLEDGE OF ALLEGIANCE, AND INVOCATION. Council for the City of Pickerington met for a regular session Tuesday, April 19, 2005, at City Hall. Mayor Shaver called the meeting to order at 7:30 P.M. Roll call was taken as follows: Mr. Wright, Mr. Hackworth, Mr. Parker, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present. No members were absent. Others present were: Judy Gilleland, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Phil Hartmann, Frank Wiseman, Patti Wigington, Jack Sower, Pastor Scott Kelso, McKenzie Fry, Kirk Richards, George Hallenbrook, Paul White, Steve Malone, Harry Myers, and others. Pastor Kelso of Trinity Family Life United Methodist Church delivered the invocation.
2. APPROVAL OF MINUTES OF APRIL 5, 2005, REGULAR MEETING. Mr. Hackworth moved to approve; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Wright, and Mr. Parker abstaining, and Mr. Wisniewski, Mr. Hackworth, Mr. O’Brien, and Mrs. Riggs voting “Yea.” Motion passed, 4-0.
3. APPROVAL OF AGENDA. Mr. O’Brien moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mr. Parker, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Motion passed, 7-0.
4. COMMUNITY COMMENTS: There were no community comments.
5. PRESENTATION BY DR. THIEDE ON THE SCHOOL BOND ISSUE. Mayor Shaver stated Dr. Thiede was attending another meeting and would arrive shortly. He stated he would continue the agenda and come back to this item when Dr. Thiede arrives.
6. APPROVAL OF CONSENT AGENDA: Mr. O’Brien moved to approve the Consent Agenda, Resolution 2005-06R, a Resolution appointing Christie Hammond to the Parks and Recreation Board; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Parker, Mr. Wright, Mr. O’Brien, Mrs. Riggs, and Mr. Sabatino voting “Yea.” Motion passed, 7-0.
7. COMMITTEE REPORTS:
A. RULES COMMITTEE. Mr. O’Brien stated the item just passed on the Consent Agenda came out of the last Rules meeting. He stated he would be happy to answer any questions.
B. SAFETY COMMITTEE. Mr. Wisniewski stated Safety Committee met on April 4th and the minutes have been distributed. He stated the contract with Fairfield County for jail services came out of that meeting and is on tonight’s agenda.
C. SERVICE COMMITTEE. Mr. Hackworth stated Service met on April 14th. He stated two items on tonight’s agenda came out of that meeting. He stated the first item was the agreement with Fairfield County and Virginia Homes and it deals with provision of water and sewer services to the Wellington Park subdivision. He stated further the Thoroughfare Plan that was referred back to Service was voted back to Council, however, we did not receive all of the information with the ordinance. Mr. Hackworth stated he would, at the appropriate time, move to table this item until the next meeting.
7. REPORTS:
A. MAYOR. Mayor Shaver stated he had no report this evening.
B. LAW DIRECTOR. Mr. Hartmann stated he had nothing to report, but would be happy to answer any questions.
C. FINANCE DIRECTOR. Mrs. Fersch stated she had no report this evening.
D. MANAGER. Ms Gilleland stated her report had been distributed and she would be happy to answer any questions.
E. SERVICE DIRECTOR. Mr. Wiseman stated the Diley Road Phase II project is in the final stages of clean up, and for the Diley Road Phase III project, the contractor is on site. Mr. Wiseman further stated the Pickerington Hills Water Loop project is ahead of schedule. Mr. Wiseman stated with regard to the agreement with Fairfield County for water and sewer services, this is an area where the County already has services available and benefits the City. Mr. Sabatino questioned how this would benefit the City and Mr. Wiseman stated the City would not have to build lines to service this area and the County will service it at the negotiated cost in the pre-annexation agreement. Mr. Sabatino also clarified the stripping north of S.R. 256 and Kroger heading south was on the punch list and that issue would be resolved this spring.
F. POLICE CHIEF. Chief Taylor stated the contract with Fairfield County for jail services is the same as it was in 2003, including the dollar amount. He stated passage of this contract will be cost effective and will allow him to continue taking prisoners to Fairfield County.
8. PROCEDURAL READINGS:
A. ORDINANCE 2005-38, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FAIRFIELD COUNTY COMMISSIONERS FOR JAIL SERVICES,” First Reading, Sabatino. Mr. Sabatino moved to adopt; Mr. Wisniewski seconded the motion. Mr. Sabatino stated this is a renewal at the same cost as the previous contract. Mr. Sabatino stated our current contract runs to the end of July so he would not ask for additional readings. Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.” Motion passed, 7-0.
B. ORDINANCE 2005-39, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FAIRFIELD COUNTY AND VIRGINIA HOMES REGARDING THE PROVISION OF WATER AND WASTEWATER SERVICES,” First Reading, O’Brien. Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion. Mr. O’Brien stated in addition to what Mr. Wiseman stated, another potential benefit to the residents of Pickerington is the fact that as County taxpayers we also pay money to the County for their water and sewer plant. He stated by helping them to use some of the capacity available, it helps all of us. Mr. Parker stated he did not necessarily feel that was a benefit as we already have water and sewer services in the City, and since our property taxes pay for the County water and sewer, we are paying for two water and sewer systems. He stated he would like to make it very clear that we are allowing services surrounding our City. He stated you control your own fate when you have water and sewer services available and this limits us from having the services available on that side of the City. He stated we need to be careful to make sure we do not cut ourselves off from having water and sewer services available at our City borders. Mr. Parker stated he voted for this to come out of Service, and he would vote for it tonight, he was just cautioning that if we allow ourselves to have the County servicing sewer and water on every side of the City it can potentially stop the growth of the City. Mr. Hackworth stated when this annexation was passed a few years ago, there were large reductions in the water and sewer tap fees. He stated the County has agreed to accept these taps at those fees. He stated he felt this was an agreement that was a benefit. Mr. Sabatino stated however, that by doing this we are giving up forever the income stream from that. Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Hackworth, and Mr. O’Brien voting “Yea.” Motion passed, 5-2.
Mayor Shaver stated Dr. Thiede was present and would like to present a briefing to Council regarding the bond issue that is on the ballot May 3rd. Dr. Thiede provided a briefing on the purpose of the bond issue and stated he was asking for Council’s support on this issue.
*C. RESOLUTION 2005-06R, “A RESOLUTION APPOINTING CHRISTIE HAMMOND TO THE PARKS AND RECREATION BOARD,” First Reading, O’Brien. Mr. O’Brien moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Parker, Mr. Wright, Mr. O’Brien, Mrs. Riggs, and Mr. Sabatino voting “Yea.” Motion passed, 7-0. (CONSENT AGENDA ITEM)
D. ORDINANCE 2005-31, “AN ORDINANCE AMENDING THE 2005 APPROPRIATION, ORDINANCE 2004-81,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion. Mr. Hackworth stated this contained an appropriation for the Diley Road TIF and for the park land purchase. Mr. Hackworth stated he would request the final two readings this evening. Roll call was taken with Mr. Parker abstaining, Mr. Wright and Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, and Mr. Hackworth voting “Yea.” Motion passed, 4-2. Mr. Hackworth moved to suspend the rules for the purpose of a final reading; Mr. Parker seconded the motion. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Hackworth, Mr. Wisniewski, Mr. Parker, Mr. Wright, Mr. O’Brien, and Mrs. Riggs voting “Yea.” Suspension of Rules passed, 6-1. Third Reading. Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Parker abstaining, Mr. Wright and Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, and Mr. Hackworth voting “Yea.” Motion passed, 4-2.
E. ORDINANCE 2005-32, “AN ORDINANCE AMENDING PICKERINGTON CODIFIED ORDINANCES SECTION 248.01 ENTITLED “BONDS” TO CHANGE CERTAIN PERFORMANCE BOND AMOUNTS AND TO ADD A SECTION ENTITLED “TAX ADMINISTRATOR,” Second Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Mrs. Riggs stated this covers the positions within the City that have fiduciary responsibilities. Roll call was taken with Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 7-0.
F. ORDINANCE 2005-33, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR A STATE INFRASTRUCTURE BANK LOAN TO THE OHIO DEPARTMENT OF TRANSPORTATION FOR THE CITY OF PICKERINGTON’S COST SHARE ASSOCIATED WITH THE DILEY ROAD WIDENING AND REALIGNMENT PROJECT,” Second Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. O’Brien seconded the motion. Mr. Wisniewski stated this would authorize the application for the SIB loan. Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, and Mr. Parker voting “Yea.” Motion passed, 5-2.
G. ORDINANCE 2005-36, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BARB SLAVEN FOR PUBLIC INFORMATION CONSULTING SERVICES,” Second Reading, Wisniewski. Mr. Wisniewksi moved to adopt; Mrs. Riggs seconded the motion. Mr. Wisniewski stated this is the semi-annual renewal of Ms Slaven’s contract. Mr. Wisniewski stated he felt Council needed to find a way to work together instead of bickering with each other. Mr. Sabatino stated he has concerns he would like to address. He questioned who decided what councilperson an article is attributed to. Mr. Wisniewski stated he personally contacts Ms Slaven when he wishes to write an article. Mr. O’Brien stated he wanted to do an article on the new Board and Commission appointments so he provided a draft to Ms Slaven as a future article idea. Mr. Sabatino stated he was just asking who decides what Councilperson an article is attributed to. Ms Gilleland stated at the beginning of the year she and Ms Slaven brainstormed on ideas and then Ms Slaven contacted those council members that have shown interest in working with her on articles to see who was interested in being assigned that topic and working on that topic. Mr. Sabatino inquired if that list of topics went to all council members. Ms Gilleland stated she could not speak for Ms Slaven but she was aware that she has worked with those council members who have expressed interest in working with her on pieces. Mr. Sabatino stated he still did not have an answer to who decides what councilperson an article is attributed to. Ms Gilleland stated that would be between Ms Slaven and the interest councilperson. Mr. Sabatino stated he felt we have a peculiar situation where certain people have been assigned articles and other people have not been assigned or have been told they were not allowed to participate. He stated on that basis he would like to recommend that the section of the contract dealing with extra compensation be eliminated. Mr. Sabatino stated he has not contacted Ms Slaven to work with him to produce an article, and if he did, that the City should pay for it. Roll call was taken with Mr. Wright and Mr. Parker abstaining, Mr. Sabatino voting “Nay,” and Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, and Mr. Hackworth voting “Yea.” Motion passed, 4-1.
H. ORDINANCE 2005-37, “AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT SETTLING CLAIMS ARISING FROM FAIRFIELD COUNTY COMMON
PLEAS COURT CASE NO. 02-CV-645,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien
seconded the motion. Mr. Hackworth
stated this was an agreement with Violet Township and Canal Winchester dealing
with injunctions on the 316-acre annexation south of the City. He stated this just removes the injunction,
it does not accept the annexation. Mr.
Parker stated in the agreement it states that the City will not pursue any
annexations for the foreseeable future.
He stated he felt there should be a clear cut date. Mr. Hartmann stated a lot of this language
parroted the language from the 362-acre agreement, and he thought the section
Mr. Parker referred to was only effective if the City enters into a JEDD
agreement with Violet Township. He
stated if that does not occur, the section will not be applicable. Mr. Parker stated he felt this language put
the City at an extreme disadvantage and he felt there should be a final date,
not just the foreseeable future. Mr.
Wright stated he agreed with Mr. Parker and felt the agreement should be
changed to reflect we would not actively pursue annexations that withdraw the
land from Violet Township. Mr. Hartmann
stated there is a specific 18 month period we have to negotiate for the JEDD
and that can be extended in writing. Mr.
Wright questioned if the intent was to have a ten year clause on annexations or
a ten year clause on annexations from the Township. Mr. Wright further questioned if a JEDD is
formed, how would that affect other entities ability of annexation. Mr. Wright
stated he would like to have something that outlines that by the next Council
meeting. Mr. Hartmann stated he would
provide that. Roll call was taken with
Mr. Sabatino abstaining, and Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr.
Wisniewski, and Mr. Hackworth voting “Yea.”
Motion passed, 6-0.
10. LEGISLATIVE READINGS:
A. ORDINANCE 2005-18, “AN ORDINANCE ADOPTING A NEW THOROUGHFARE PLAN MAP FOR THE CONTINUED DEVELOPMENT OF ROADWAY INFRASTRUCTURE WITHIN THE CITY OF PICKERINGTON,” Third Reading, Hackworth. Mr. Hackworth moved to Table; Mr. Parker seconded the motion. Roll call was taken with Mr. Wright, Mr. Sabatino, Mr. Parker, Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, and Mr. Hackworth voting “Yea.” Motion passed, 7-0. (TABLED.)
B. ORDINANCE 2005-22, “AN ORDINANCE PROVIDING FOR THE ISSUANCE
OF NOT TO EXCEED $350,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN
ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING PART OF THE
COSTS OF ACQUIRING REAL PROPERTY FOR USE AS PARK LAND,” Third Reading,
Hackworth. Mr. Hackworth moved to
adopt; Mr. O’Brien seconded the motion.
Mr. Hackworth stated this was in anticipation to borrow $250,000 to
purchase the parkland on S.R. 256, and the other $100,000 was for property that
has not been determined as yet. Mr.
Sabatino clarified this was the parkland from the BIA settlement. Mr. Wright stated Council was being asked to
approve a bond for $100,000 with no idea of what this land was and he did have
a problem with that. Ms Gilleland stated
she would know by the time we actually go out for the borrowing if we will be
able to purchase the additional parkland.
She stated because we are attempting to anticipate and not require
emergency legislation, we were advised to go ahead with the ordinances and by the
time of the borrowing all of the plans will be set in place. Roll call was taken with Mr. Parker
abstaining, Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. Hackworth, Mr.
Wisniewski, Mr. O’Brien, and Mrs. Riggs voting “Yea.” Motion passed, 4-2.
C. ORDINANCE 2005-26, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NEPTUNE EQUIPMENT COMPANY,” Third Reading, Parker. Mr. Parker moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voting “Yea.” Motion passed, 7-0.
D. ORDINANCE 2005-27, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION OF THE ORIGINAL AGREEMENT FOR ENGINEERING SERVICES WITH STILSON CONSULTING GROUP, LLC, FOR ADDITIONAL SCOPE OF SERVICES AND FUNDING REQUEST,” Third Reading, O’Brien. Mr. O’Brien moved to adopt; Mrs. Riggs seconded the motion. Mr. O’Brien stated this is adding funds to the contract for Stilson for the western alignment change on Diley Road. Mr. Sabatino stated he did believe Stilson should be paid for the additional work they have done, and his vote for this is not meant to be an endorsement of the City’s policy whereby they denied the people the right to vote on a referendum on the Diley Road project. Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.” Motion passed, 7-0.
11. OTHER BUSINESS: No other business was brought forward.
12. MOTIONS:
A. MOTION TO SET PUBLIC HEARING FOR OPEN DISCUSSION REGARDING THE PROPOSED 2006 TAX BUDGET FOR MAY 3, 2005, AT 7:15 P.M. Mrs. Riggs moved to set the Public Hearing for the proposed 2006 Tax Budget for May 3, 2005, at 7:15 P.M.; Mr. Parker seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 7-0.
B. MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(3), CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION. Mayor Shaver stated this executive session was not needed this evening.
13. ADJOURNMENT. There being nothing further, Mr. O’Brien moved to adjourn; Mr. Parker seconded the motion. Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, and Mr. Parker voted “Aye.” Motion carried, 7-0. The meeting adjourned at 8:20 P.M., April 19, 2005.
RESPECTFULLY SUBMITTED:
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ATTEST:
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