PICKERINGTON CITY COUNCIL

TUESDAY, MAY 17, 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 17, 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. O’Brien, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present. Mr. Wisniewski arrived at 7:34 P.M.  Mr. Parker was absent.  Others present were: Judy Gilleland, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Phil Hartmann, Tory Kramer, Alice Kramer, Rex Myer, Patti Wigington, Jack Sower, Harry Myers, Jerry Dailey, Diane Shankland, Sharon Bricker, Tamaria Liddell, and others.  Mayor Shaver asked for a moment of silence. 

 

2.         A.        APPROVAL OF MINUTES OF APRIL 25, 2005, WORK SESSION.  Mr. Hackworth moved to approve; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Sabatino abstaining, and Mr. Wright, Mr. Hackworth, Mr. O’Brien, and Mrs. Riggs voting “Yea.”  Motion passed, 4-0. 

 

B.         APPROVAL OF MINUTES OF MAY 3, 2005, PUBLIC HEARING.  Mr. Hackworth moved to approve; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Sabatino and Mr. Wright abstaining, and Mr. O’Brien, Mr. Hackworth, and Mrs. Riggs voting “Yea.”  Motion failed, 3-0. 

 

C.        APPROVAL OF MINUTES OF MAY 3, 2005, REGULAR MEETING.  Mr. O’Brien moved to approve; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Sabatino abstaining, and Mr. Hackworth, Mr. Wright, Mr. O’Brien, and Mrs. Riggs voting “Yea.”  Motion passed, 4-0. 

 

D.        APPROVAL OF MINUTES OF MAY 9, 2005, SPECIAL MEETING.  Mrs. Riggs moved to approve; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Sabatino abstaining, and Mr. Hackworth, Mr. O’Brien, Mr. Wright, and Mrs. Riggs voting “Yea.”  Motion passed, 4-0. 

 

E.         APPROVAL OF MINUTES OF MAY 11, 2005, SPECIAL MEETING.  Mrs. Riggs moved to approve; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Sabatino and Mr. Wright abstaining, and Mr. Hackworth, Mr. O’Brien, Mr. Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Motion passed, 4-0. 

 

3.         APPROVAL OF AGENDA.  Mr. O’Brien moved to approve; Mrs. Riggs seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

4.         COMMUNITY COMMENTS:  

 

A.        Sharon Bricker, 643 Montmorency Drive.  Ms Bricker stated she would like to address Council regarding the sewage back-up on December 23rd.  Ms Bricker stated she had received a letter asking her to come in and sign a release saying that she agreed with the appraiser’s valuation.  She stated she did not return that letter because she did not agree with the appraiser’s amount.  Ms Bricker further stated she would like to know if the date to sign the release can be extended at least 30 days so she will have time to check with her insurance, etc.  She stated if it took this long for the City to come up with the offer she did not know why the resident’s only had a week and a half to accept it.  Ms Bricker stated the City had stated they would look at each case individually and she did not know if that had been done.  Mayor Shaver stated Ms Gilleland could sit down and work with Ms Bricker.  Ms Gilleland stated the date for residents to get their claims in to the City has been extended to May 27th.  Further, a letter is being prepared to let people know that if they wish the Service Committee to consider items over and above the initial $2,500 they need to put their reasons in writing and submit it to the Service Director and we will consider them on a case-by-case basis.  Ms Gilleland stated she was not making any assurances or promises, but if Ms Bricker has items that she would like Council to consider she should include it in a letter with the reasons why and submit it to the Service Director.  Ms Bricker clarified she needs to submit this letter by May 27th.  Ms Gilleland stated as we have no idea what is out there, the next course of action after receiving these letters has not been determined.  Ms Bricker stated she thought the City had stated they would test for mold in the basements and as she has not heard anything on that she questioned if the City was going to do that.  Ms Gilleland stated the Health Department has given the name of one company they recommend for mold testing and that information has been given to residents when they called.  Ms Bricker clarified the City was not going to pay for the testing, they were just providing the name of the company.  Ms Gilleland stated she did not recall the City stating they would pay for this testing, however, some residents have included that cost in their claims they are asking the City to consider.  Ms Bricker stated further the residents had been promised a letter for insurance and home disclosure purposes stated the problem was resolved and she had not received that letter as yet.  Ms Gilleland stated she would be happy to provide that letter upon request.  Ms Gilleland stated she had not planned on sending the letter to anyone that didn’t request it, she didn’t have a problem doing that, but she would send the letter to Ms Bricker this week.  Ms Bricker stated she did not understand why she had to sign a release to get the funds on her claim.  Mr. Hartmann stated if the City is going to pay out funds, they do not want to then expend funds defending a case.  He stated if the residents took the money and then sued the City, the City would then be paying funds to attorneys to defend it.  Mr. Hartmann stated he thought it was prudent for a municipality to get a release in a situation like this.  Ms Bricker stated she would like to know also how much the City paid the appraiser for his work and Mrs. Fersch stated she had a purchase order for $7,500 based on $75.00 per hour, and she has not received the final billings as yet.  Mr. Hackworth stated Service Committee had directed the Manager to send letters out again and further explain the situation.  Mr. Sabatino stated he thought that letter was only going to be sent to individuals who had turned in their forms.  Ms Gilleland stated she would check with the Service Director and ensure the letter was sent to everyone. 

 

Mayor Shaver stated prior to continuing with the agenda it was his honor to present a Certificate of Recognition to Diane Shankland for her service to the City as a member of the Parks and Recreation Board on behalf of all of Council.

  

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there were three consent agenda items this evening, Resolution 2005-08R, a Resolution appointing Brian Sauer to the Utility Fees Review Committee; Resolution 2005-09R, a Resolution appointing Terry Walburn to the Utility Fees Review Committee; and Resolution 2005-10R, a Resolution appointing Rick Wright to the Utility Fees Review Committee.  Mr. O’Brien moved to approve; Mrs. Riggs seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth,  Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0. 

 

6.         COMMITTEE REPORTS: 

 

            A.        RULES COMMITTEE.  Mr. O’Brien stated Rules Committee met on May 2nd and the minutes have been distributed.  He stated the appointments just approved on the Consent Agenda came out of that meeting. 

 

            B.         SAFETY COMMITTEE.  Mr. Wisniewski stated Safety Committee met May 2nd and the minutes have been distributed.  He stated he would be happy to answer any questions. 

 

            C.        SERVICE COMMITTEE.  Mr. Hackworth stated Service Committee met on May 12th and the minutes have not been distributed.  He stated the Committee had approved the final plat for the Wellington Park subdivision and that would be on the next Council agenda.  He stated five ordinances dealing with the Diley Road Phase III project were also approved at the meeting and are on tonight’s agenda.  Mr. Hackworth further stated Mayor Miller of Canal Winchester had attended the meeting and requested cooperation with a water issue they are dealing with.  Mr. Hackworth further stated it had been the City’s plan to cul de sac Meadows Boulevard, however, it has been determined that we will look at some other options for that intersection.  Mr. Hackworth further stated the Committee had approved the Transportation Improvement Plan and that should be on the next Council agenda as well. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver read a proclamation designating May 21, 2005, as Pickerington Area Kiwanis Club Day.    Mayor Shaver stated he would be calling for a Council work session within the next week for discussion regarding the issue of impact fees.  Mayor Shaver stated second interviews will be scheduled for two firms in our law director search.      

 

B.         LAW DIRECTOR.  Mr. Hartmann stated with regard to the ordinances Mr. Hackworth referenced, Ordinances 2005-44 and 2005-45 give the City the ability to accept the donated property from Giltz and One Pickerington Company.  He stated Ordinances 2005-46 and 2005-47 are settlements of the cases with the Shanklands and Harr and Riemenschneider based on negotiations we have had.  Mr. Hartmann stated he would request three readings this evening if possible as we cannot pay them until the ordinance is effective.  Mr. Hartmann stated further Ordinance 2005-47 would give him the ability to file an action on the Schaffner property in case we cannot come to an agreement.  He stated he would request that ordinance be passed as an emergency this evening as we have a right of entry that is quickly expiring and he would like to allow the contractor to remain on the property and not have a gap of a few days.  Mr. Hartmann stated he would be happy to answer any questions.  

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she would like to report that we recently passed several ordinances and a combining ordinance for borrowing and we will be borrowing $1,710,000 for the sewer note renewal, $250,000 for the park land, and $275,000 for the municipal buildings.  She stated we will not be borrowing the additional $100,000 for park land or the $75,000 for the Meadows Boulevard closure. 

   

D.        MANAGER.  Ms Gilleland stated her report had been distributed and she would be happy to answer any questions.  

 

E.         SERVICE DIRECTOR.  Mayor Shaver stated Mr. Wiseman is on vacation today.   

 

8.         PROCEDURAL READINGS:

 

A.        ORDINANCE 2005-43, “AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORATE A REVISED CHARTER FOR THE CITY OF PICKERINGTON,” First Reading, O’Brien.  Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion.  Mr. O’Brien stated this ordinance was in three sections dealing with three areas of the Charter that Rules Committee has looked at.  He stated the first section would prohibit any ordinance or resolution passed by Council pertaining to zoning actions or annexations shall be enacted as an emergency, and this requirement may not be dispensed with by a three-fourth’s vote of Council.  The second section dealt with vacancies on Council and provided that if a vacancy occurred on or after July 1st of the vacated officer’s term, the person nominated by Council shall serve for the unexpired term.  If the vacancy occurs on or before June 30th of the second year of the vacated officers term, the qualified person nominated by Council shall serve until a successor is elected at the next regular municipal election.  He stated the third section dealt with initiatives, referendums, and recalls and provided that the law director would provide assistance to a petitioner, upon their request, by reviewing the form prior to circulation thereof and provide a checklist detailing the requirements of such petitions.  Mr. Wright stated with regard to the first section, he would like to know how many other cities have language that they prohibit emergency action on zoning or annexations.  Mr. Hackworth stated Solon, Ohio, has language that any zoning or annexation can have a referendum whether it is passed by emergency or not.  Mr. Wright further questioned what would happen if the municipality needed to take care of something with zoning quickly, how would that occur.  Mr. Hartmann stated the goal of this was relating to rezonings that go before Council from Planning and Zoning.  Mr. Wright stated that is not what it said, it said no zoning changes.  Mr. Hartmann stated this had been discussed when he was drafting the ordinance, and this change does not dispense with the ability to have three readings at one meeting.  Mr. Wright stated he felt the language Mr. Hackworth indicated was used in Solon was a much better way of handling this.  He stated his concern was that with absolutely no ability to do anything by emergency we could be painting ourselves into a corner.  He stated he would like to know if there was a way to reword it so that emergency language is referendable in regards to zonings and annexations.  Mr. Hartmann stated the concern he had when going through this was, if you allowed emergencies to be referendable you would basically have the 30 day period problem where people could begin work and you would open yourself up to suits.  He stated once it is passed by emergency, it can be signed, and then you would have a developer who has all of his zoning in place to go forward, and then within 30 days a referendum could occur.  He stated he felt the better course of action would be to allow the 30 day period to remain and allow three readings on one date if you wanted to do something quickly.  Mr. Hartmann stated it is certainly a judgment call, it does take away Council’s flexibility.  He further stated most cities he works with have an unwritten policy where they never pass zoning ordinances by emergency just because of the case of referendum.  Mrs. Riggs stated based upon Mr. Hartmann’s experience, is this a best practice for cities to be looking at and are there other cities that have this in place.  Mr. Hartmann stated very few cities have this in their Charter, and he had advised that it does take away Home Rule power, but there were great concerns relating to zoning ordinances that have been passed by emergency to avoid referendum procedures, and the same with annexations, so this was the alternative that was arrived at.  Mr. Hartmann stated most municipalities do have an unwritten rule that unless it is a grave emergency, it is never done.  Ms Gilleland stated while this does take away some of our Home Rule power, it ensures the citizens rights, which Council feels is very important.  Mr. Wright stated he did not disagree with the objective, he just questioned if there was a way we could resolve the issue and come to the same point.  Mrs. Riggs asked for the question to be called.  Mr. Sabatino stated he objected to that as he had attempted to ask a question.  Mayor Shaver stated if the question is called, he is bound and he has to call it.  Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 4-2. 

 

B.         ORDINANCE 2005-44, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECEIVE A 0.341 ACRES, MORE OR LESS, FEE SIMPLE INTEREST, DONATED BY GILTZ COMPANY, LLC, LOCATED ON THE EAST SIDE OF EXISTING DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this property is being donated for the Diley Road right-of-way.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 5-1.

 

C.        ORDINANCE 2005-45, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECEIVE A 0.709 ACRES, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.180 ACRES, MORE OR LESS, EASEMENT, DONATED BY ONE PICKERINGTON COMPANY, LLC, LOCATED ON THE SOUTHWEST SIDE OF S.R. 256, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this is another donation of right-of-way for the Diley Road project.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Wisniewski, Mrs. Riggs, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 5-1. 

 

D.        ORDINANCE 2005-46, “AN ORDINANCE AUTHORIZING THE PURCHASE OF A 0.147 ACRE, MORE OR LESS, FEE SIMPLE INTEREST FROM JOSEPH E. HARR AND RUTH A RIEMENSCHNEIDER, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this will authorize the City Manager to close on this property.  Mr. Hackworth stated he would ask for three readings this evening.  Mr. Sabatino ascertained this is part of an eminent domain proceeding.  Mr. Wright clarified we filed an action, they did not file an answer, and we settled it right after it was filed.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 5-1.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, and Mr. O’Brien voting “Yea.”  Suspension of Rules failed, 5-1. 

 

E.         ORDINANCE 2005-47, “AN ORDINANCE AUTHORIZING THE PURCHASE OF A 0.275 ACRE, MORE OR LESS, FEE SIMPLE INTEREST FROM TIMOTHY A. SHANKLAND AND DIANE J. SHANKLAND, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this will authorize the City Manager to execute the contract of sale with the Shanklands.  He stated we have executed rights-of-entry and we are already on the property.  Mr. Hartmann stated we did not file an action with the Shanklands, we entered into an agreement before we had to do that.  Mr. Sabatino ascertained there was no eminent domain filed on this.  Mr. Wright clarified the cost was based on appraised values.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mrs. Riggs, Mr. Sabatino, and Mr. O’Brien voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

F.         ORDINANCE 2005-48, “AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST CONSISTING OF 0.035 ACRES, MORE OR LESS, FROM ROBERTA I. SCHAFFNER, IN PROPERTY LOCATED ON THE SOUTH SIDE OF S.R. 256, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this was additional property for the Diley Road project.  Mr. Hartmann stated this is the second piece in the necessary legislation to provide him with the ability to file an action to remain on the property.  He stated we are currently on it with a right-of-entry and that expires in 15-16 days, and that is why it was written as an emergency.  He stated he hoped we can resolve it within that time period.  Mr. Sabatino clarified this would be the ordinance that would give the law director the ability to file an action for eminent domain.  Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 4-2.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. Hackworth, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Suspension of Rules failed, 4-2. 

 

*G.      RESOLUTION 2005-08R, “A RESOLUTION APPOINTING BRIAN SAUER TO THE UTILITY FEES REVIEW COMMITTEE,” First Reading, O’Brien.  Mr. O’Brien moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.  (CONSENT AGENDA ITEM)

 

*H.      RESOLUTION 2005-09R, “A RESOLUTION APPOINTING TERRY WALBURN TO THE UTILITY FEES REVIEW COMMITTEE,” First Reading, O’Brien.  Mr. O’Brien moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.  (CONSENT AGENDA ITEM)

 

*I.        RESOLTUION 2005-10R, “A RESOLUTION APPOINTING RICK WRIGHT TO THE UTILITY FEES REVIEW COMMITTEE,” First Reading, O’Brien.  Mr. O’Brien moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.  (CONSENT AGENDA ITEM)

 

J.          ORDINANCE 2005-40, “AN ORDINANCE AMENDING THE 2005 APPROPRIATION, ORDINANCE 2004-81,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth this is one appropriation increase of $75,000 for the legal department.  Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, voting “Yea.”  Motion passed, 4-2. 

 

K.        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,” Second Reading, Wright.  Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

L.         ORDINANCE 2005-42, “AN ORDINANCE ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN VIOLET TOWNSHIP BOARD OF TRUSTEES AND CITY OF PICKERINGTON CITY COUNCIL,” Second Reading, Wright.  Mr. Wright moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

M.        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,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this is basically an estimate on next year’s budget and will probably change before next year, however, it is a requirement to file it at this point.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, and Mr. Hackworth voting “Yea.”  Motion passed, 5-1. 

 

9.         LEGISLATIVE READINGS:

 

A.        ORDINANCE 2005-38, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FAIRFIELD COUNTY COMMISSIONERS FOR JAIL SERVICES,” Third Reading, Sabatino.  Mr. Sabatino moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

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,” Third Reading, O’Brien.  Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Wright and Mr. Sabatino voting “Nay,” and Mr. Hackworth, Mrs. Riggs, Mr. O’Brien, and Mr. Wisniewski voting “Yea.”  Motion passed, 4-2.   

 

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.  Mr. O’Brien moved for Executive Session under Section 121.22(G)(3); Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. O’Brien, Mr. Wright, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.

 

Council went into Executive Session at 8:40 P.M., and reconvened in open session at 9:00 P.M. 

 

12.       ADJOURNMENT. There being nothing further, Mr. Wright moved to adjourn; Mr. Wisniewski seconded the motion.  Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mrs. Riggs, and Mr. Sabatino voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 9:34 P.M., May 17, 2005.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

___________________________________

David Shaver, Mayor