PICKERINGTON CITY COUNCIL
TUESDAY, JUNE 7, 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, June 7, 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, Ann Ellis, Chief Mike Taylor, Phil Hartmann, Lance Schultz, Ed Drobina, Jennifer Frommer, Leah Kelly Patrick Kelly, Tom Kelly, Christine Brown, Tory Kramer, Bruce Riegleman, Rex Myer, Christopher Smith, Pastor Cuenin, Patti Wigington, Jack Sower, Mackenzie Fry, Tamaria Liddell, and others. Pastor Cuenin delivered the invocation.
2. A. APPROVAL OF MINUTES OF MAY 3, 2005, PUBLIC HEARING. Mr. Hackworth moved to approve; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Wright abstaining, Mr. Sabatino voting “Nay,” and Mr. Parker, Mr. Wisniewksi, Mr. Hackworth, Mr. O’Brien, and Mrs. Riggs voting “Yea.” Motion passed, 5-1.
B. APPROVAL OF MINUTES OF MAY 17, 2005, REGULAR MEETING. Mr. O’Brien moved to approve; Mr. Wright seconded the motion. Roll call was taken with Mr. Parker abstaining, Mr. Sabatino voting “Nay,” and Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Motion passed, 5-1.
C. APPROVAL OF MINUTES OF MAY 23, 2005, SPECIAL MEETING. Mrs. Riggs moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Wisniewski, Mr. Hackworth, Mr. Parker, Mr. Wright, Mr. O’Brien, and Mrs. Riggs voting “Yea.” Motion passed, 6-1.
3. APPROVAL OF AGENDA. Mr. Parker moved to approve; Mr. Hackworth 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.
4. COMMUNITY COMMENTS:
A. Christine Brown, 832 Elizabeth Drive. Ms Brown stated she was present to ask Council’s assistance. She stated Fairfield County MRDD will have a levy on the ballot in November and they are in need of volunteers on some committees, and she would like anyone to help out in any way they can.
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 did not meet in May due to the lack of a quorum. Mrs. Riggs stated she would like to remind Committee members if they are unable to attend a meeting, they should notify Mrs. Yartin or the Chairman of the Committee.
B. RULES COMMITTEE. Mr. O’Brien stated Rules Committee met last night and had recommended an individual for appointment to the Utility Fees Review Committee, and that will be on the next Council agenda. Mr. O’Brien stated Rules had also had some discussion on Charter changes and he will elaborate further on that during the procedural readings.
C. SAFETY COMMITTEE. Mr. Wisniewski stated Safety Committee also met last night, and they did not forward any legislation to Council. He stated, however, at their last meeting they had recommended approval on the acceptance of the two vehicles for use by the Pickerington Police Department’s DARE Program and Crime Prevention Program and that legislation is on tonight’s agenda.
7. REPORTS:
A. MAYOR. Mayor Shaver stated the Monthly Mayor’s Court Report had been distributed and he would answer any questions. Mayor Shaver presented a Certificate of Recognition to Christopher Smith for his service on the Planning and Zoning Commission.
B. LAW DIRECTOR. Mr. Hartmann stated he had nothing to report but would be happy to answer any questions.
C. FINANCE DIRECTOR. Mrs. Ellis stated Mrs. Fersch is on vacation, and she would try 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 she would like to remind everyone the Summer Movies in the Park will begin this Friday night, and Sunday concerts in the park will begin on Sunday night. Ms Gilleland stated she would ask for three readings this evening on the legislation authorizing the lease for the new utility billing system. Ms Gilleland stated she would also like to ask Mr. Schultz to provide a brief report on Ordinance 2005-50 on tonight’s agenda.
Mr. Schultz stated this legislation would approve the final plat for Wellington Park, Section 1. He stated this project was approved by Violet Township in 2001 and was annexed to the City in March of this year. He stated Section 1 includes 41 lots on 23 acres and was approved by Planning and Zoning Commission in April and Service Committee in May, with the conditions that are attached to the ordinance as Exhibit A. Mr. Schultz stated these conditions must be met prior to the third reading by Council.
E. SERVICE DIRECTOR. Ms Frommer stated Mr. Wiseman is on vacation and she would try to fill in for him. Ms Frommer stated the Transportation Improvement Plan is on tonight’s agenda for a first reading. She further stated this is the next step since the Thoroughfare Plan has been approved, and is a list of projects that come from that plan. Ms Frommer stated six projects on the list are projected to occur within the first one to five years after adoption. Ms Frommer stated she would be happy to answer any questions.
8. PROCEDURAL READINGS:
A. ORDINANCE 2005-49, “AN ORDINANCE RESCINDING ORDINANCES NOS. 97-02 AND 99-75 AND ADOPTING A NEW LOCAL TRANSPORTATION IMPROVEMENT PLAN,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated Ms Frommer had briefed on this earlier and Service Committee has tried to prioritize our future transportation improvement projects. Mr. Sabatino stated this was one of the nine ordinances referenced in the reasons for not allowing the citizens to do a referendum on the Diley Road project. He stated in the legislation adopting the Thoroughfare Plan language was inserted to state the intention was for it not to be considered as a basis for referendum. He stated if that is still the case he questioned why that language was not in this ordinance. Mr. Hackworth stated Service Committee had not requested that language. Mr. Hartmann stated the ordinance can be amended to add that language if that is the desire of Council. He stated it was not included when drafted as that was not raised as an issue. Mr. Wright stated he would second Mr. Sabatino’s motion to amend the ordinance to include the language as stated in the Thoroughfare Plan. Mr. Hackworth questioned if a motion had been made, and Mr. Sabatino stated he had asked a question. Mr. Wright stated he was considering Mr. Sabatino’s question as a motion. Mayor Shaver stated there was no motion pending. Mr. Wright moved to amend the ordinance to add the language as was stated in the Thoroughfare Plan that this is not to be considered the first reading in regards to citizens’ ability to referendum any particular project that is listed in the Transportation Improvement Plan; Mr. Sabatino seconded the motion. Mr. Wright stated he would also like to request that in the future we make that an automatic thing when dealing with some of these Thoroughfare Plans and Transportation Improvement Plans. Mayor Shaver stated if you are going to amend motions, would you request that it be put onto the next ordinance and then vote on the ordinance as amended so there is actual language in front of people instead of making oral motions with no language suggestions. Mr. Sabatino stated the ordinance could be tabled and come back in its amended form, and Mayor Shaver stated or we could have a first reading and ask it be amended for the next reading so Council would have an amended ordinance for review. Mayor Shaver stated it was much easier on Council members to have actual language in front of them, so if you know before the meeting that you are going to have a proposed amendment, if you would get with legal counsel and have a proposed amended ordinance already prepared. Mr. Sabatino stated he just noticed it this evening and he felt he was responding as timely as he could. Mr. Wright stated there is a motion on the floor. Roll call was taken on the motion to amend with Mrs. Riggs and Mr. O’Brien voting “Nay,” and Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, and Mr. Sabatino voting “Yea.” Motion to amend passed, 5-2. Roll call was taken on the first reading of the ordinance as amended with Mrs. Riggs abstaining, Mr. O’Brien voting “Nay,” and Mr. Sabatino, Mr. Wright, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.” Motion passed, 5-1.
B. ORDINANCE 2005-50, “AN ORDINANCE ACCEPTING THE FINAL PLAT FOR THE WELLINGTON PARK SUBDIVISION – SECTION 1 (VIRGINIA HOMES),” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated Mr. Schultz had briefed on this earlier, and this subdivision is behind the post office and west of Milnor Road. Mr. Hackworth stated the developer sent a letter to the school district pledging $300 per closing per house, and he would like that letter attached to these minutes. (Attachment 1) Mr. Wisniewski clarified this was part of the 362 acre annexation case settlement. 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 2005-51, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH MAILER EQUIPMENT COMPANY,” First Reading, O’Brien. Mr. O’Brien moved to adopt; Mr. Wisniewski seconded the motion. Mr. O’Brien stated Service Committee has been working with Mr. Wiseman about changing the utility billing from a post card to a bill inside an envelope, and this equipment will accomplish that. Mr. O’Brien stated the current cost is $1,800 to $1,900 per month and if we go to letter size envelopes the cost will raise to $2,400 per month but will provide a better service. Mr. O’Brien stated this will also allow us to add up to 8 pages per envelope so we can combine mailings from the Parks Department and other notices that need to be sent out from the City, and this will save the cost of postage we use otherwise. Mr. Sabatino clarified the lease was for 63 months, and after that time we own the equipment. Mr. O’Brien stated he would ask for three readings this evening. Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.” Motion passed, 7-0. Mr. O’Brien moved to suspend the rules for the purpose of three readings; Mr. Wright seconded the motion. Roll call was taken with Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Suspension of Rules passed, 7-0. Second Reading. Mr. O’Brien moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.” Motion passed, 7-0. Third Reading. Mr. O’Brien moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, Mr. Parker, Mrs. Riggs, and Mr. O’Brien voting “Yea.” Motion passed, 7-0.
D. RESOLUTON 2005-11R, “A RESOLUTION ACCEPTING THE DONATION OF A VEHICLE FROM HONDA EAST AND A VEHICLE FROM LINDSAY ACURA FOR USE IN THE PICKERINGTON POLICE DEPARTMENT’S DARE AND CRIME PREVENTION PROGRAMS,” First Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. Wright seconded the motion. Mr. Wisniewski stated this would allow the City to accept the vehicles donated to the Police Department for the DARE and Crime Prevention Programs. Mr. Wisniewski stated the only thing the City would need to pay for would be basic maintenance on the vehicles. Mr. Wright clarified this is a two year program. 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. Mr. Wisniewski moved to suspend the rules for the purpose of three readings; Mr. Wright seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. Wisniewksi, Mr. O’Brien, and Mr. Sabatino voting “Yea.” Suspension of Rules passed, 7-0. Second Reading. Mr. Wisniewski moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 7-0. Third Reading. Mr. Wisniewski moved to adopt; Mr. Wright 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.
E. ORDINANCE 2005-43, “AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORATE A REVISED CHARTER FOR THE CITY OF PICKERINGTON,” Second Reading, O’Brien. Mr. O’Brien moved to adopt; Mr. Wisniewski seconded the motion. Mr. O’Brien stated he had nothing to add pertinent to this ordinance, however, at the Rules Committee meeting last night Mr. Sabatino introduced a Charter amendment that would have some impact on this ordinance. Mr. O’Brien stated this would be discussed further with the Law Director and at Rules Committee to ensure we would not be duplicating or causing a conflict between the two ordinances. He further stated they would look to see if they can combine certain sections of the ordinance and create some very complex ballot language for the electorate or if they should try and simplify the ballot language. He stated he would ask for the second reading on this ordinance this evening and then at the next meeting it could be tabled until such time the disparities could be ironed out. Mr. Sabatino stated in order for this to work on a timeline that would be successful for putting it on the ballot this November it would be necessary to have an alternately scheduled Rules Committee for July or a special meeting, and questioned if it was Mr. O’Brien’s intention as chairman to do either of those. Mr. O’Brien stated he understood there were some travel plans for individuals around the Fourth of July and as soon as he coordinated everyone’s schedule he would not have a problem calling a special meeting. Mr. Sabatino clarified a special meeting could happen before the Fourth of July, and Mr. O’Brien stated that was possible. Roll call was taken with Mr. Wright, Mr. Parker, and Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, and Mr. Hackworth voting “Yea.” Motion passed, 4-3.
Mr. Hartmann stated the legislation just voted on was an ordinance to put a Charter change on the ballot. He stated the Ohio Constitution requires a super majority which in this case would be five votes, to pass it on to the ballot. Mr. Hartmann stated he was asked if the first two readings required five votes and it is his opinion that it is not a requirement for the procedural readings, the first and second, of a super majority. It did require a majority to pass it on to be read again but that is not a vote on the actual ordinance to place it onto the ballot. Mr. Hartmann stated on the third reading, it will be required to have a vote of five to pass it on to the ballot. Mr. Hartmann stated further this is a very grey area, and he would rather err on the side of allowing something to go forward on the substantive issue than to err in taking it off for a procedural reason.
F. ORDINANCE 2005-44, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECEIVE A 0.341 ACRES, MORE OR LESS, A 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,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated this dealt with the Diley Road Phase III widening and the property was being donated for the right-of-way. Mr. Sabatino clarified this did not involve an eminent domain action. 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.
G. 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,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated this is also to accept the donation of a fee simple interest and an easement for the Diley Road project. Mr. Hartmann stated this is identical to the previous ordinance, Giltz just had two different entities they were a part of. Mr. Sabatino clarified neither of these properties had anything to do with eminent domain. Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.” Motion passed, 7-0.
9. LEGISLATIVE READINGS:
A. ORDINANCE 2005-40, “AN ORDINANCE AMENDING THE 2005 APPROPRIATION, ORDINANCE 2004-81,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Mr. Hackworth stated this ordinance contained one appropriation increase of $75,000 for the legal department. 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.
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,” Third Reading, Wright. Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion. 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 2005-42, “AN ORDINANCE ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN VIOLET TOWNSHIP BOARD OF TRUSTEES AND CITY OF PICKERINGTON CITY COUNCIL,” Third Reading, Wright. Mr. Wright 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. 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,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Mr. Hackworth stated it is an annual requirement to file an estimated tax budget with the County, and it is only an estimate as it changes all the time. Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Parker, and Mr. Hackworth voting “Yea.” Motion passed, 6-1.
10. OTHER BUSINESS: Mr. Parker stated he has read in the papers that Canal Winchester has approved the expansion of their water plant and they are talking about building wells in their tax abated area near Canal Pointe. Mr. Parker questioned if the City has given them approval for this as we have an agreement with them. Mayor Shaver stated he had heard the same comments, but the City has absolutely not reached any agreement with Canal Winchester. Mayor Shaver stated he has made it perfectly clear to Mayor Miller that we have no agreement and if they wish to discuss an agreement there are certain terms and conditions that would need to be met and approved by City Council. Mr. Parker stated he felt our City did not mind helping other communities but he felt being pushed around was a little bit forward on their behalf. Mayor Shaver stated he would make it clear and unequivocal, we have no agreement with Canal Winchester. Mr. Hackworth stated he understood Canal Winchester was going ahead and building their water plant at their own site, however, he did not know of any plans to pump out of our district. Mr. Parker stated it was reported in the paper that they were going to go ahead with their well field expansion in the Canal Pointe area, and that was his biggest concern. He stated he did not mind helping them, but if they were going to move into our well field area and possibly take water away from our customers, that is something that needs to be discussed before they start moving forward. Mayor Shaver stated Mr. Parker was correct, and we have expressed a willingness to consider that option but we have not reached an agreement nor have we received a formal proposal from them.
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 we did not need the executive session to discuss pending or imminent court action, however, one was required to discuss the law director position. Mrs. Riggs moved for Executive Session under Section 121.22(G)(1) (a), Matters involving an employee’s or public official’s appointment; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, and Mr. Parker voting “Yea.” Motion passed, 6-1.
Council went into Executive Session at 8:25 P.M., and reconvened in open session at 8:32 P.M.
12. ADJOURNMENT. There being nothing further, Mr. Wisniewski moved to adjourn; Mrs. Riggs seconded the motion. Mr. Sabatino, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voted “Aye.” Motion carried, 7-0. The meeting adjourned at 8:33 P.M., June 7, 2005.
RESPECTFULLY SUBMITTED:
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ATTEST:
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