PICKERINGTON CITY COUNCIL
TUESDAY, MAY 3, 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, May 3, 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, Susan Crotty, Steven Pearsall, Matthew McKinney, Ian McKinney, Shaun McKinney, Mike Maurer, Tory Kramer, Patti Wigington, Jack Sower, Rex Myer, George Hallenbrook, Carol Carter, Joshua Binkley, Jacquelyn Hymes, Jeff Fix, Jennifer Frommer, Pastor Kevin Orr, and others. Pastor Orr of Peace United Methodist Church delivered the invocation.
2. APPROVAL OF MINUTES OF APRIL 19, 2005, REGULAR MEETING. Mr. Wisniewski moved to approve the minutes included in Council packets; Mr. O’Brien seconded the motion. Mr. Sabatino stated he had requested revised minutes be prepared to reflect how the discourse was on Ordinance 2005-36, and the fact that the question was called by whomever, rather than indicating it was the natural end to the discussion because it was not. Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. O’Brien, Mr. Hackworth, Mr. Parker, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Motion passed, 5-2.
3. APPROVAL OF AGENDA. Mr. O’Brien moved to approve; Mr. Wisniewki 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.
4. COMMUNITY COMMENTS:
A. Rex Myers, 261 Pearl Lane. Mr. Myers stated he would like to speak about attitude and respect. He stated Mayor Shaver and the new Council members were elected because of attitude and respect and the residents wanted a change of the old Council at City Hall.
5. APPROVAL OF CONSENT AGENDA: Mayor Shaver stated there were no consent agenda items this evening.
6. COMMITTEE REPORTS:
A. FINANCE COMMITTEE. Mrs. Riggs stated Finance Committee met on April 21st and the minutes have been distributed. She stated with regards to the law director, there will be Special Council meetings on May 9th and May 11th to interview four top firms that have applied. She stated the firms to be interviewed were Bricker and Eckler, Downes Hurst and Fishel, Rich, Crites, and Dittmer, and Schottenstein Zox and Dunn. Mrs. Riggs stated a Memorandum of Understanding towards the commitment of the Township and the City to work on a JEDD came out of Finance Committee and she would be happy to answer any questions.
7. REPORTS:
A. MAYOR. Mayor Shaver stated the Monthly Mayor’s Court Report had been distributed. Mayor Shaver stated further the Ohio EPA has indicated we should receive a letter shortly confirming that our plant capacity has been approved to be extended to 1.6 million gallons per day. Mayor Shaver administered the oath of office to Joshua Binkley who was being appointed to the Planning and Zoning Commission, Carol Carter who was being appointed to the Tree Commission, and Jacqueline Hymes who was being appointed to the Personnel Appeals Board. Mayor Shaver also presented a proclamation to Susan Crotty in appreciation for her service while employed by the City.
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 one appropriation ordinance on tonight’s agenda and a contract renewing the agreement with Fairfield County, Lancaster City Health, and the City of Pickerington for health services. Mrs. Fersch stated she felt this was very good agreement. Mrs. Fersch stated further the Tax Budget is on tonight’s agenda and must be passed by July 15th. Mrs. Fersch stated she would be happy to answer any questions.
D. MANAGER. Ms Gilleland stated her report had been distributed and she would be happy to answer any questions. Ms Gilleland stated further we are conducting training for all City employees this week on sexual harassment and diversity in the workforce. She stated we also have a number of employees from Violet Township participating in the training with us.
E. SERVICE DIRECTOR. Mayor Shaver stated Mr. Wiseman is on vacation this week.
8. PROCEDURAL READINGS:
A. ORDINANCE 2005-40, “AN ORDINANCE AMENDING THE 2005 APPROPRIATION, ORDINANCE 2004-81,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion. Mr. Hackworth stated there is one appropriation increase of $75,000 for the legal department mainly for the prosecutor account. Roll call was taken with Mr. Sabatino abstaining, and Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.” Motion passed, 6-0.
B. ORDINANCE 2005-41, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE FAIRFIELD COUNTY AND LANCASTER CITY HEALTH DISTRICTS TO FORM THE FAIRFIELD COUNTY COMBINED GENERAL HEALTH DISTRICT PURSUANT TO ORC SECTION 3709.07,” First Reading, Wright. Mr. Wright moved to adopt; Mrs. Riggs seconded the motion. Mr. Wright stated this is the renewal of a contract with some changes. He stated through the negotiation process amongst the different entities we have come up with a much fairer process of creating a budget and determining how the expenses would be shared with the different entities. He stated this is one of those pieces of legislation that does show cooperation between multi-jurisdictional units and he is proud to have been a part of it. 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.
C. ORDINANCE 2005-42, “AN ORDINANCE ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN VIOLET TOWNSHIP BOARD OF TRUSTEES AND CITY OF PICKERINGTON CITY COUNCIL,” First Reading, Wright. Mr. Wright moved to adopt; Mrs. Riggs seconded the motion. Mr. Wright stated the City of Pickerington has talked about the idea of pursuing a JEDD agreement for several years, and this is the first piece of legislation that puts together a committee between the Township and the City that will start discussing the possibilities, the requirements, and what should happen if a JEDD should be created. He stated this is another piece of legislation that does show cooperation between multi-jurisdictional entities and he is proud to have been a part of it for many years. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.” Motion passed, 7-0.
D. RESOLUTION 2005-07R, “A RESOLUTION TO ADOPT THE 2006 TAX BUDGET TO MEET THE JULY 15, 2005, DEADLINE AS SET FORTH IN THE OHIO REVISED CODE, SECTION 5705.28,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Mr. Hackworth stated this is the annual requirement to submit the tax budget and it is a three percent increase over last year. Mr. Sabatino stated he noticed that the 01-01-06 balance is a little better than 6.5 million and our 12-31-05 balance is 2.9 million. He questioned if that meant we were using some of our carry over balance to pay down some obligations. Mrs. Fersch stated the beginning balance is $810,000 and the ending balance is $712,000. Mr. Sabatino stated the copy he had showed the ending balance at $308,077. Mrs. Fersch stated Mr. Sabatino did not have the final copy that Finance Committee approved. She stated the copy Mr. Sabatino had has been amended. Mrs. Yartin stated apparently she did not have the final copy to include in Council packets, but she would provide all of Council with the correct copy. Mr. Wright stated this document is only a projection and should be looked at as a tool only. Mrs. Fersch stated for General Fund the ending balance should be $712,577.91 and for the total budget the starting balance is $6,538,841.72 and the ending balance is $3,369,193.73. Roll call was taken with Mr. Sabatino abstaining, and Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.” Motion passed, 6-0.
E. ORDINANCE 2005-38, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FAIRFIELD COUNTY COMMISSIONERS FOR JAIL SERVICES,” Second Reading, Sabatino. Mr. Sabatino moved to adopt; Mr. Wisniewski seconded the motion. Mr. Sabatino stated this is a renewal for jail services. 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 2005-39, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FAIRFIELD COUNTY AND VIRGINIA HOMES REGARDING THE PROVISION OF WATER AND WASTEWATER SERVICES,” Second Reading, O’Brien. Mr. O’Brien moved to adopt; Mr. Wisniewski seconded the motion. Mr. O’Brien stated this is a northern annexation area and Fairfield County will provide water and sewer services with existing lines at the agreed upon cost in the annexation agreement with the City. 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.
9. 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. (TABLED.) Mr. Hackworth moved to remove from the Table; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Sabatino, Mr. Wisniewski, Mr. Parker, and Mrs. Riggs voting “Yea.” Motion passed, 7-0. Third Reading. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated this has been revised from the original plan presented to Council. Mrs. Frommer stated the list of the proposed changes have items 30 and 31 added, however, the map remains the same. Mrs. Frommer stated this list is informational only and is not intended to be a part of the Thoroughfare Plan. She stated these changes include the classification change on Hill Road near Opportunity Way, and Courtright Drive/Cherry Hill Road is reclassified as a local road from a minor collector. Mr. Hartman clarified the question came up prior to the ordinance being referred back to Service about this legislation being considered the first legislation for any of the road projects for the purpose of referendum. Mr. Hartmann stated in an effort to avoid that being used as an argument in allowing referendums to go forward when the projects actually begin on each street, the language has been included in the ordinance that it is not the intent of Council for this ordinance to be considered the introductory legislation regarding any route set forth in the thoroughfare plan map for referendum purposes. Mr. Sabatino inquired if the reason for this language being included was because it was improper for that to be considered a legitimate reason for denying a referendum. Mr. Hartmann stated the only reason it is included is to make sure it is clear it is not considered the first piece of legislation. Mr. Sabatino inquired why this same type of legislation was considered a reason for not allowing the referendum in the recent past. Mr. Hackworth stated the reason for not allowing that referendum was due to the fact that so much money had been spent. Mr. Sabatino stated the reason stated in the legal opinion was that the one opportunity to do the referendum was the thoroughfare plan, because the referendum had to be done on the first piece of legislation dealing with the project. Mr. Hartmann stated he had looked at that legal opinion, and there were nine pieces of legislation passed that the attorney had listed. Mr. Hartmann stated he would not speak for the attorney who had written the legal opinion, and further there were two independent legal opinions that had the same conclusion. Mr. Hackworth moved to amend by substitution with the map and list received from the engineer; Mr. Parker seconded the motion. Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Parker, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Motion to amend passed, 7-0. Roll call was taken on the ordinance as amended with Mr. Sabatino abstaining, and Mr. Wright, Mr. Hackworth, Mrs. Riggs, Mr. O’Brien, Mr. Parker, and Mr. Wisniewski voting “Yea.” Motion passed, 6-0.
B. 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,” Third Reading, Riggs. Mrs. Riggs moved to adopt; Mr. O’Brien seconded the motion. Mrs. Riggs stated this will change the coverage for some employees in the City that have fiduciary responsibilities. 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.
C. 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,” Third Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. O’Brien seconded the motion. Mr. Wisniewski stated this would authorize the City Manager to apply for the SIB loan. Roll call was taken with Mr. Wright and Mr. Sabatino voting “Nay,” and Mr. Hackworth, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. O’Brien voting “Yea.” Motion passed, 5-2.
D. ORDINANCE 2005-36, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BARB SLAVEN FOR PUBLIC INFORMATION CONSULTING SERVICES,” Third Reading, Wisniewski. Mr. Wisniewksi moved to adopt; Mr. O’Brien seconded the motion. Mr. Wisniewski stated this is the renewal of Ms Slaven’s contract. Mr. Wisniewski stated Ms Slaven has worked for the City for several years, under various administrations, and this would renew her contract for six months. Mr. Sabatino stated he has stated his objection to this contract in the past, and he felt it was wrong for the City to use public funds to further PR for public officials. Mr. Sabatino stated he had received some information that, in his mind, clearly illustrates that there is the potential for a conflict of interest. He stated if Council would like the information he will provide it, but it is his intent if this is passed, to submit it to the Ethics Commission for review. Roll call was taken with Mr. Wright abstaining, Mr. Sabatino voting “Nay,” and Mr. Hackworth, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. O’Brien voting “Yea.” Motion passed, 5-1.
E. 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,” Third 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 Council had some
questions about some wording in the agreement and everyone has received a new
copy with that language clarified. Mr.
Hartmann stated he had provided an updated agreement along with a memorandum
that outlined the substance of the change that was requested. Mr. Sabatino clarified the memorandum states
there is no time limit on this obligation and that Pickerington agrees not to
remove the territory from the Township.
He stated that would be permanent and he did not feel we should not have
a time limit. Ms Gilleland stated that
would be as long as the JEDD between the parties exists, and Mayor Shaver
stated the JEDD will be self limiting to whatever time the parties agree upon. Mr. O’Brien stated we do not remove the
property from the Township when we do an annexation. Mr. Hartmann stated that is correct,
Pickerington does not remove the property from the Township. Mr. Hartmann clarified for Mr. Sabatino that
you cannot encumber future councils, but that is usually relating to financial
issues. He stated you can certainly bind
future councils or they would have a right to change it. He stated if a future council does not like
it they could renegotiate the agreement.
Mr. Hartmann further stated under the current law, if we would do any
annexations under the expedited procedures right now, those are forever barred
from being removed from the Township. He
stated the only way you can remove items from the Township right now is by
going through the general procedure which is much more cumbersome under the
current law than the expedited procedures.
Mr. Sabatino stated items six and seven in the agreement seem to
conflict with each other. Ms Gilleland
stated item six refers to the agreement we currently have with Canal Winchester
and we needed to include and reference that agreement in this agreement,
however, we also state that we may seek Fairfield County’s assistance in
providing water and sewer to all portions of that. She stated that gives us the freedom to do so
if we so choose. Mr. Hartmann stated
item six is quoting the water agreement and the prohibition of our seeking
outside sources. Item seven outlines
that we will be allowed to seek outside sources notwithstanding this previous
agreement with Canal Winchester. Mr.
Sabatino stated as he understood it then, we were stating that we may deviate
from the agreement that is currently in place.
Mr. Hartmann stated that is correct, with respect to the acreage
involved in this annexation we will be able to seek Fairfield County’s
assistance if we decide to do so without Canal Winchester suing us under the
current agreements. Roll call was taken
with Mr. Sabatino abstaining, Mr. Wright voting “Nay,” and Mr. O’Brien, Mr.
Hackworth, Mr. Wisniewski, Mrs. Riggs, and Mr. Parker voting “Yea.” Motion passed, 5-1.
10. OTHER BUSINESS: No other business was brought forward.
11. MOTIONS:
A. MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(3), CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION. Mayor Shaver stated he understood this executive session was not needed this evening.
12. ADJOURNMENT. There being nothing further, Mr. Hackworth moved to adjourn; Mrs. Riggs 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 8:30 P.M., May 3, 2005.
RESPECTFULLY SUBMITTED:
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ATTEST:
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