PICKERINGTON CITY COUNCIL
TUESDAY, JULY 5, 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, July 5, 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, Commander Steve Annetts, Phil Hartmann, Ed Drobina, Jennifer Frommer, Patti Wigington, Mackenzie Fry, Tory Kramer, Reverend Karen Burnard, Jack Sower, Tamaria Kulemeka, and others. Reverend Burnard delivered the invocation.
2. APPROVAL OF MINUTES OF JUNE 21, 2005, REGULAR MEETING. Mr. Parker moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino and Mr. Wisniewski abstaining, and Mr. Parker, Mr. Wright, Mr. Hackworth, Mr. O’Brien, and Mrs. Riggs voting “Yea.” Motion passed, 5-0.
3. APPROVAL OF AGENDA. Mr. Parker 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. APPROVAL OF CONSENT AGENDA: Mayor Shaver stated there were no consent agenda items.
6. COMMITTEE REPORTS: Mayor Shaver stated there were no Committee reports.
7. REPORTS:
A. MAYOR. Mayor Shaver stated the Monthly Mayor’s Court Report had been distributed. Mayor Shaver stated he would like to congratulate all staff involved in the Fourth of July celebration as it was a very successful event. Mayor Shaver presented a proclamation to Frank Wiseman upon his resignation from the City of Pickerington.
B. LAW DIRECTOR. Mr. Hartmann stated with regard to Ordinance 2005-54, he was requesting Council table this item tonight based upon a tentative settlement. He stated we have reached an agreement, we just do not have the signed documents back at this time. He stated he would answer any questions.
C. FINANCE DIRECTOR. Mrs. Riggs stated she would be asking for three readings on the renewal note ordinances on tonight’s agenda so they can be moved forward, as well as, the ordinance authorizing payment to residents affected by the winter storm event. She stated further for the Finance Committee meeting scheduled for July 14th, it appears we will not have a quorum so she will request later in the meeting to reschedule that meeting to July 21st. Mrs. Riggs stated there is the possibility of not having a quorum for Council on July 19th, so she would like to request that meeting be moved to July 26th. Mr. Sabatino inquired why we would not have a quorum and Mrs. Riggs stated she did not know the reasons some Council members would not be available on the 19th, but she was trying to address the issue now so there is not a problem later. Mr. Sabatino inquired if the council members would be on vacation, out of town, or what. Mrs. Riggs stated she did not ask their reasons and did Mr. Sabatino have a problem with July 26th. Mr. Sabatino stated he did not know why we had a problem with the 19th, and Mrs. Riggs stated if we do not have council members available, as a courtesy to the media, she was trying to make arrangements to move the meeting. Mr. Sabatino inquired if the inability of council members to be here on the 19th had anything to do with another meeting that is scheduled for the 19th at 7:00 P.M., and Mrs. Riggs stated she did not know that. Mrs. Riggs stated there was also the issue of the impact fees, and wanting to get those moved forward. She stated she would like to move it out of Finance and address in July at Council. Mr. Wright stated then this had nothing to do with the Central Committee meeting and Mrs. Riggs stated we have some council members out of town. Mr. Wright stated if they were out of town they would not be at the Central Committee meeting either and he just wanted to make sure that we are taking care of the City of Pickerington’s business before we worry about partisan politics in the County. He stated he just wondered if this was a Central Committee meeting conflict or what was going on. Mrs. Riggs stated there is more than one conflict and she was just trying to address the issue so we can do our job, and that is why she was requesting to move the meeting to July 26th. Mr. Wright stated he would suggest then that the press check to see who was attending the Central Committee meeting to see what was more important. Mr. Sabatino stated he felt it was a coincidence since there are three council members that are members of the Central Committee and if that is the reason we would not be having council business conducted over partisan politics, he felt we need to take a long, hard look at what we’re doing. He further stated he hoped the media would check the attendance of the Republican Central Committee meeting and see if there were people who made that meeting, but couldn’t make it to Council, and felt that was more important than taking care of the citizens of Pickerington. Mrs. Riggs stated it was a shame that Mr. Sabatino could not work as a team for this Council and every time Council tried to bring up a request, it turned into a political position. Mrs. Riggs stated she would make a motion at the appropriate time to reschedule the regular meeting of Finance Committee in July.
Mrs. Fersch stated on tonight’s agenda we had the second reading on adopting the City’s new Debt Policy. She stated as she had mentioned previously, we are doing a lot of these items currently, this is just putting them in writing and will help us with our bond rating and provide guidance in the future. She stated further the other items Mrs. Riggs had already mentioned were TIF note renewals and the renewal of the notes on the police station.
D. MANAGER. Ms Gilleland stated her report had been distributed and she would be happy to answer any questions. Ms Gilleland stated she would also like to thank Mr. Wiseman for his service to the City. Ms Gilleland stated further Mrs. Sheikh, our Personnel Director, will also be leaving this week and both individuals have worked very hard for the City and have been a great support to her and she wished them the best of luck in their future endeavors. Ms Gilleland stated she would also like to thank all of the City’s personnel for their efforts on the Fourth of July celebration and it was a great success. Ms Gilleland stated our first production of “Summer Theater in the Park” will be Cinderella on Saturday, July 16th, at 7:30 P.M. She stated this is a free production and will be presented by the Columbus Children’s Theater Company. Ms Gilleland stated another production, Charlie and the Chocolate Factory, will be presented on Saturday, August 13th, at 7:30 P.M. Mr. Wright stated the City had done a good job of cleaning up the park after the July 4th celebration and inquired if we were responsible for cleaning up the school’s property since this was a city function as the area along Park Alley is still a mess. Ms Gilleland stated we would be cleaning up the entire area and she would make sure that Park Alley was taken care of. Mr. Sabatino inquired if we were closer to setting the law director interviews. Ms Gilleland stated we will have Mr. Plunkett assist us in this and it is taking a little more time than anticipated. Ms Gilleland stated Mr. Plunkett will facilitate the process and we hoped to have the interviews scheduled within the next two weeks. Mr. Sabatino stated he understood we just needed to schedule two additional interviews and he did not see why we needed a consultant to schedule those. Ms Gilleland stated it is becoming very time consuming for her to coordinate with council, set up the interviews, and she needs just a little more assistance.
E. SERVICE DIRECTOR. Mr. Wiseman stated there will be a road closure on Diley Road beginning on July 18th and lasting approximately 10 days as they do the final tie-in for the realignment. He stated we received one bid on the annual street repaving project and it did come in less than our estimate, and Service Committee will review that at their next meeting. Mr. Wiseman stated he would like to state again, he has enjoyed his time working in Pickerington and he thanked everyone for their support. Mr. Wright clarified that Diley Road will close at the bridge, just north of Cherry Hill to S.R. 256. Mr. Wiseman stated the road will be open to local traffic and arrangements have been made for the residents to get in and out of their driveways and the church can be accessed from Windmiller Drive.
8. PROCEDURAL READINGS:
A. ORDINANCE 2005-53, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO OFFER PAYMENT OF APPRAISED VALUE FOR DAMAGES TO PROPERTY OWNERS AFFECTED BY THE DECEMBER 22, 2004, WINTER STORM EVENT AND DECLARING AN EMERGENCY,” Second Reading, O’Brien. Mr. O’Brien moved to adopt; Mr. Wright seconded the motion. Mr. O’Brien stated he would answer any questions anyone may have, and he would be asking for the final readings this evening. Roll call was taken with Mr. Sabatino abstaining, and Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.” Motion passed, 6-0. Mr. O’Brien moved to suspend the rules for the purpose of a third reading; Mr. Parker seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Suspension of Rules passed, 6-0. Third Reading, with emergency. Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Parker, and Mr. Wright voting “Yea.” Motion passed, with emergency, 6-0.
B. ORDINANCE 2005-54, “AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST CONSISTING OF A COMBINED 0.911 ACRES, MORE OR LESS, FROM DON McAULIFFE, IN PROPERTY LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, AND DECLARING AN EMERGENCY” Second Reading, Hackworth. Mr. Hackworth moved to Table; Mr. Parker 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. (TABLED)
C. ORDINANCE 2005-55, “AN ORDINANCE ADOPTING NEW DEBT POLICY FOR THE DEVELOPMENT AND IMPLEMENTATION OF THE CITY OF PICKERINGTON’S DEBT PROGRAM,” Second Reading, Riggs. Mrs. Riggs moved to adopt; Mr. O’Brien seconded the motion. Mrs. Riggs stated she had no new discussion on this item. Mr. Wright stated he noticed there was no motion to amend to add the language to put the Finance Director under the City Manager. He stated as the Finance Director is an employee of Council, he did not feel it was appropriate or correct that the Finance Director has to have her discussions approved prior to going to Council and he would vote against this. Mrs. Riggs stated it was her understanding this was a policy and the Charter would supersede policy. Mr. Wright stated the policy still states that the Finance Director “shall” report to the City Manager. Mrs. Riggs stated not to report, but to have it approved by the City Manager. Mr. Wright stated he felt the Finance Director should have the ability to go to Council without having to worry about what the City Manager may have to say about it. Mrs. Riggs stated she felt the Finance Director would do both as the City Manager is responsible for the day-to-day operations of the City. Mr. Wright stated he understood that, but he felt if Mrs. Fersch felt there was a conflict and she was being told what she was supposed to do, she will do what she is told to do. Mr. Hartmann stated the Finance Director reports to Council, but when it comes to this she will have to initially talk to the City Manager about it, and there is nothing that conflicts, it is just an additional step that has been added. Mr. Wright stated his concern was if the City Manager does not wish her to discuss it with Council. Mr. Hartmann stated that would be up to the Finance Director and he did not feel it was an issue of the City Manager controlling what was going before Council, it is just an issue of the Finance Director is obligated to report to Council. He stated if the City Manager has a problem with something, he felt it could be taken up with Council. Mr. Sabatino stated if we are supposed to go by the Charter, why would we write something that goes against it. Mrs. Riggs stated this would not change the reporting function. Mr. Hartmann stated the policy does not state the recommendation has to be approved by the City Manager, it states that before the recommendation is presented to Council the City Manager needs to know what it is. He stated it is basically an informational thing so the City Manager can continue to know what the City business is instead of having the Finance Director go straight to Council with things she may not be aware of. Mr. Hartmann stated he felt it made sense to keep the City Manager in the loop of things. Ms Gilleland stated there are no issues here, it is a policy that Finance Committee has been working on and this is language that Mrs. Fersch worked with our financial advisor on. She stated further this was discussed in great detail at Finance Committee on several occasions and this was not crafted because of any specific reason. Ms Gilleland stated this is a policy that Mrs. Fersch is comfortable with. Mrs. Fersch stated she thought this language had been taken from the Debt Policy of another community and the idea is to keep everyone in the loop, especially when you are talking about restructuring debt. Mrs. Fersch stated in the past she has always worked with the City Manager and discussed debt and how we would handle it. Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.” Motion passed, 5-2.
D. ORDINANCE 2005-56, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $2,250,000 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING STREET IMPROVEMENTS IN THE WINDMILLER/DILEY AREAS, INCLUDING CONSTRUCTING WIDENING AND TURN LANE IMPROVEMENTS FOR STATE ROUTE 256 TO ESTABLISH AN EXIT POINT FOR THE REALIGNMENT OF DILEY ROAD,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion. Mr. Hackworth stated this is a note renewal on the Windmiller TIF. Roll call was taken with Mr. Wright voting “Nay,” and Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 6-1. Mr. Hackworth moved to suspend the rules for the purpose of a third reading; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Wright voting “Nay,” and Mr. Sabatino, Mr. Parker, Mr. O’Brien, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Suspension of Rules passed, 6-1. Third Reading. Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion. Mr. Sabatino clarified this note did not include the city hall renovations. Roll call was taken with Mr. Wright voting “Nay,” and Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Parker, and Mr. Sabatino voting “Yea.” Motion passed, 6-1.
E. ORDINANCE 2005-57, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $700,000 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING REVENUE NOTES PREVIOULSY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING STREET IMPROVEMENTS IN THE CYCLE WAY AREA AND PAYING ADDITIONAL COSTS OF SUCH PROJECT,” Second Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion. Mrs. Riggs stated this was also the TIF renewal notes for the Cycle Way TIF. 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. Mrs. Riggs moved to suspend the rules for the purpose of a third reading; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. Parker, Mr. Wright, Mr. O’Brien, Mr. Sabatino, and Mrs. Riggs voting “Yea.” Suspension of Rules passed, 7-0. Third Reading. Mrs. Riggs moved to adopt; Mr. Hackworth 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.
F. ORDINANCE 2005-58, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $507,000 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING (I) STREET IMPROVEMENTS ON HILL ROAD AND BLACKLICK-EASTERN ROAD, INCLUDING WIDENING STREETS, CONSTRUCTING SIDEWALKS, CURBS AND GUTTERS AND INSTALLING TRAFFIC CONTROL DEVICES, AND (II) STREET IMPROVEMENTS KNOWN AS THE HILL ROAD CONNECTOR, INCLUDING CONSTRUCTING STREETS, SIDEWALKS, CURBS AND GUTTERS,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion. Mr. Hackworth stated this was also TIF renewal notes. 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. Mr. Hackworth moved to suspend the rules for the purpose of a third reading; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Wright, Mr. Parker, Mr. Hackworth, Mrs. Riggs, Mr. O’Brien, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Suspension of Rules passed, 7-0. Third Reading. Mr. Hackworth moved to adopt; Mrs. Riggs 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.
G. ORDINANCE 2005-59, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $322,500 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING STREET AND TRAFFIC SIGNAL IMPROVEMENTS IN THE STATE ROUTE 256/STONECREEK DRIVE AREA,” Second Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Mrs. Riggs stated this is the note renewal for the Cover TIF. 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. Mrs. Riggs moved to suspend the rules for the purpose of a third reading; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Suspension of Rules passed, 7-0. Third Reading. Mrs. Riggs 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.
H. ORDINANCE 2005-60, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $315,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF RENEWING NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF ACQUIRING, CONSTRUCTING, EQUIPPING AND FURNISHING A POLICE BUILDING,” Second Reading, Riggs. Mrs. Riggs moved to adopt; Mr. O’Brien seconded the motion. 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. Mrs. Riggs moved to suspend the rules for the purpose of a third reading; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Suspension of Rules passed, 7-0. Third Reading. Mrs. Riggs 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.
I. ORDINANCE 2005-61, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE AGREEMENT SETTLING CLAIMS ARISING FROM FAIRFIELD COUNTY COMMON PLEAS COURT CASE NO. 02-CV-645,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion. Mr. Hackworth stated this is the agreement we have with Canal Winchester and Violet Township to remove the injunction on the 316-acre annexation. Mr. Hartmann stated there was an issue of revising paragraph 10 and all Council members had received a copy of the revision. He stated based on the fact that there may not be a Council meeting prior to the court hearing, he would request the final two readings on this legislation this evening so he could inform the Court it has been passed and is in the 30-day waiting period. Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.” Motion passed, 6-1. Mr. Parker moved to suspend the rules for the purpose of a third reading; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. Parker, Mr. Wright, Mr. O’Brien, Mr. Sabatino, and Mrs. Riggs voting “Yea.” Suspension of Rules passed, 7-0. Third Reading. Mr. Hackworth moved to adopt; Mr. Parker seconded the motion. 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.
9. LEGISLATIVE READINGS:
A. ORDINANCE 2005-43, “AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORATE A REVISED CHARTER FOR THE CITY OF PICKERINGTON,” Third Reading, O’Brien. (TABLED) Mr. O’Brien moved to remove from the Table; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, Mrs. Riggs, and Mr. Parker voting “Yea.” Motion passed, 7-0. Mr. O’Brien moved to amend by substitution with the amended ordinance Council received in their packets; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino and Mr. Hackworth voting “Nay,” and Mr. Parker, Mr. Wisniewski, Mr. Wright, Mr. O’Brien, and Mrs. Riggs voting “Yea.” Motion to amend passed, 5-2. Mr. O’Brien moved to adopt as amended; Mr. Wisniewski seconded the motion. Mr. O’Brien stated Rules Committee met in a special meeting this was one issue discussed. He stated it was apparent that the section regarding emergency rezonings and annexations was unacceptable to some Council members and he had, therefore, requested that section be removed from the ordinance, and that was the ordinance just amended. Mr. Hackworth stated he strongly supported restricting Council’s power in passing zoning and annexation legislation as emergency. He stated he had brought a petition before Council in 2002 with over 500 signatures on it regarding this issue and the petition was not allowed. He stated he did not feel this restriction would cause a catastrophe to home rule or Council’s power to do anything, it would just force Council to have public support on these issues in the future. He stated he was not happy to see this removed from the ordinance. Mr. Parker stated when we start annexing property in Canal Winchester he did not want to have their residents coming through our community to remove an annexation. He stated that is why we needed this power, so Council can be strong and do the things they think are best for this community. He further stated he would never give up this power and he would never give up the ability to act in the best interest of our community, and that is when you need to stand strong as a Council person and you stand strong to public pressure when they may not think it is right and you think that it is. Mr. Sabatino stated he concurred with Mr. Parker, and there are several changes that have been talked about with regard to the Charter and he did not feel there was any reason why we couldn’t initiate a Charter Review Commission before the mandatory 10 year time. Mr. Sabatino stated there are a lot of things in the Charter to look over and he felt it needed to occur with a broader base than the Rules Committee and that would be a more appropriate place to deal with the Charter changes and deal with all of them at one time. Mr. Wright clarified the remaining language in the ordinance dealing with appointments, etc., is in Charters of other municipalities. Mr. Hartmann stated the goal is to avoid having someone be appointed right after an election and with this change they would be required to come up for election mid-term rather than serving a full term as an appointed member. Mr. Wright further ascertained it is not common to have a provision such as the one regarding the law director providing help to the citizens in a Charter, however, it is common for municipalities to provide some type of form or check list to residents relating to these types of issues. Mr. Wright clarified this meant we would provide everyone the information they need, we are not saying we will provide them legal direction in the sense of how to maneuver a referendum, recall or whatever, we are just stating that we are going to look at the particular form, the particular issue, and say if it’s correct to form and that’s it. Mr. Hartmann stated that was correct, the issue that almost always comes up with these matters are issues of form, so the goal was to let the people’s voice be heard and not have technicalities make the decision of why things don’t go forward. He stated that was the goal of having the law director provide a checklist, and the law is constantly changing on this, so it is constantly updated and people can make sure all of their forms are appropriate, what is required to be in bold print, and things like that. Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Parker, and Mr. Wisniewski voting “Yea.” Motion passed, 6-1.
B. ORDINANCE 2005-49 (AS AMENDED), “AN ORDINANCE RESCINDING ORDINANCES NOS. 97-02 AND 99-75 AND ADOPTING A NEW LOCAL TRANSPORTATION IMPROVEMENT PLAN,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated this is a planning document and six projects are identified that we want to do in the next five years to try and improve the city’s traffic flow, however, we have a long way to go before these projects materialize. Mr. Parker stated this is a “plan” it is not something that is etched in stone. Mr. Wright stated he wanted to make sure everyone did understand this is a planning document and language was added that states this is not to be used to disallow a referendum petition should someone come forward with one. 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.
C. ORDINANCE 2005-50, “AN ORDINANCE ACCEPTING THE FINAL PLAT FOR THE WELLINGTON PARK SUBDIVISION – SECTION 1 (VIRGINIA HOMES),” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated we are still in some negotiations with this developer and he would like to table the ordinance this evening. Mr. Hackworth moved to Table; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Parker voting “Nay,” and Mr. Wright, Mr. Sabatino, Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, and Mr. Hackworth voting “Yea.” Motion passed, 6-1. (TABLED)
10. OTHER BUSINESS: No other business was brought forward.
11. MOTIONS: Mrs. Riggs moved to reschedule the July 14, 2005, Finance Committee meeting, to July 18, 2005, at 7:30 P.M.; Mr. Wisniewski 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.
12. ADJOURNMENT. There being nothing further, Mr. Sabatino moved to adjourn; Mr. Parker seconded the motion. Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Wisniewski, and Mrs. Riggs voted “Aye.” Motion carried, 7-0. The meeting adjourned at 8:45 P.M., July 5, 2005.
RESPECTFULLY SUBMITTED:
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ATTEST:
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