PICKERINGTON CITY COUNCIL

TUESDAY, DECEMBER 20, 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, December 20, 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. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present. Mr. O’Brien was absent.  Others present were: Judy Gilleland, Lynda Yartin, Ed Drobina, Linda Fersch, Ann Ellis, Chief MikeTaylor, Phil Hartmann, Patti Wigington, Cristie Hammond, Jeff Fix, Keith Smith, Sean Casey, Jeff McInturf, Tamaria Kulemeka, David Owens, Rex Myers, Larry Rausch, Karen Sewell, Amy Ingram, Alex Jacob, Phil Ellis, Karen Risher, Commander Annetts, Commander Portier, Dennis Schwallie, Terry Long, and others.  Mr. Wisniewski delivered the invocation. 

 

Mayor Shaver administered the oath of office to three police officers, Officer Bryan Bragg, and two auxiliary officers, Todd Chambers and Bradley Frost. 

 

Mayor Shaver requested Mr. Wright present a proclamation to Mrs. Ann Ellis upon her retirement from the City after 35 years of service. 

 

Mayor Shaver recognized William Wright, Doug Parker, and Mitch O’Brien for their service as members of City Council.  Mayor Shaver presented plaques to Mr. Wright and Mr. Parker.  Mr. O’Brien was not present due to a medical issue, but Mayor Shaver stated he would remain involved with the City as the Mayor’s Representative on the Planning and Zoning Commission.   

 

2.         A.        APPROVAL OF MINUTES OF DECEMBER 6, 2005, PUBLIC HEARING REGARDING RETREAT AT SPRING LAKES FINAL DEVELOPMENT PLAN.  Mr. Parker moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Parker, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

B.         APPROVAL OF MINUTES OF DECEMBER 6, 2005, PUBLIC HEARING REGARDING 2006 BUDGET.  Mr. Parker moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Wright, Mr. Hackworth, Mr. Parker, Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.

 

C.        APPROVAL OF MINUTES OF DECEMBER 6, 2005, PUBLIC HEARING REGARDING REZONING 100 LOCKVILLE ROAD.  Mr. Parker moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Parker, Mr. Wright, Mrs. Riggs, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

D.        APPROVAL OF MINUTES OF DECEMBER 6, 2005, REGULAR MEETING.  Mr. Parker moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. Wright, Mr. Parker, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0.  

 

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

 

4.         COMMUNITY COMMENTS:  

 

A.        Mr. Larry Rausch, 230 Timber Ridge.  Mr. Rausch stated he has been a resident of Pickerington for many years.  He stated he has been reading recently that the City would like to upgrade the houses being built in the City and he thinks that is great, however, he does not understand that we upgrade before we clean up.  Mr. Rausch stated he has spoken to Ms Gilleland many times, and she has ridden with him to observe the Code infractions he has noticed, such as junk cars, boats, RVs, cars in driveways or streets for months, etc.  Mr. Rausch stated Ms Gilleland has set up the Property Maintenance Committee to enforce the Code, and they spent much of their time attending meetings to enhance the appearance of our City.  He stated the City now has a Property Maintenance Division to enforce the Code that the Property Maintenance Committee spent their time rewriting.  He stated, however, every time an infraction of the Code is brought to the attention of the Property Maintenance Division, there are excuses.  Mr. Rausch stated this same Division also enforces the sign code, however, only the signs that they want to, not all of the signs.  He stated they only confiscate select signs and leave signs of the same stature within sight of the signs they impound, and when he inquired about this, he got the same excuses.  Mr. Rausch inquired if we could use some of the money the City was going to expend on legal counsel to enforce the Code correctly and improve the City’s appearance.  Mr. Rausch stated he would also like to comment that Ms Gilleland is doing a very good job.  Mayor Shaver stated we recognize that we do need to step up enforcement, however, that is one of the areas where our manpower is stretched to the limit, but we will try harder.  Ms Gilleland stated we appreciate the efforts of Mr. Rausch helping us and serving as the eyes and ears, and we try to respond as soon as possible.  She stated further that Mr. Rausch assisted us with about 46 complaints over the last year and as of today we have all but one addressed.   She stated three are in court, and there are three new issues.  Mr. Rausch stated he knew Ms Gilleland always tries, but some of the items on his list from 2003 are still there. 

 

B.         Karen Sewell.  Mrs. Sewell stated her husband is the band director at Pickerington Central.  Mrs. Sewell introduced Amy Ingram a senior at Pickerington North and Alex Jacobs a senior from Pickerington Central.  Both students stated on behalf of the Band they would like to thank the City of Pickerington and Violet Township for their generous support of their program and with that support you have ensured all of the band members will have the opportunity to participate in the Rose Parade. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there were no consent agenda items this evening. 

 

6.         COMMITTEE REPORTS: 

 

            A.        SAFETY COMMITTEE.  Mr. Wisniewski stated Safety Committee met on December 5th and the minutes have been distributed.  He stated one item on tonight’s agenda came out of that meeting and that is the Resolution authorizing the NatureWorks grant with the funds to be used to replace the playground equipment in Victory Park. 

 

            B.         SERVICE COMMITTEE.  Mr. Hackworth stated Service Committee met on December 8th and the minutes have not yet been distributed.  He stated four items on tonight’s agenda came out of that meeting and he would answer any questions anyone may have. 

 

            C.        FINANCE COMMITTEE.  Mrs. Riggs stated Finance Committee met on December 15th, and there are several note renewals and new borrowing on tonight’s agenda that came out of that meeting.  Mrs. Riggs stated one ordinance tonight will combine eight of the note renewals in order for the City to obtain a better rate and to save money on the issuance costs.  Mrs. Riggs stated she would answer any questions. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated he would like to thank the outgoing Council members for their hard work over the years.  He stated we have a schedule for discussions with the Township and Canal Winchester for the development of the CEDA or some other type of joint economic enterprise.   

 

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 would like to wish Mrs. Ellis well in her retirement and she will be missed.  Mrs. Fersch stated she has one appropriation ordinance on the agenda tonight and she would appreciate three readings this evening as it deals with closing out for the end of the year.  She stated she also has two contracts with the State Auditors Office on the agenda, and she would also request three readings on these two items so we can get the audit started.  Mrs. Fersch stated on the renewal for our water issue, we will be paying $47,000 and it is a negotiated issue with Fairfield National Bank for one year.  Mrs. Fersch continued there are several renewal and new issues on the agenda and she had distributed an itemized list showing what are old and what are new issues, with the final item being the legislation that will combine the issues so they can be bid at the same time.  Mrs. Fersch stated she also has two resolutions on the agenda that will authorize her to request our tax monies as they come in to the County Auditor.  Mrs. Fersch stated she would request the final two readings on the budget this evening.  Mrs. Fersch stated she would be happy to answer any questions anyone might have.   

    

D.        MANAGER.  Ms Gilleland stated she would also like to thank the outgoing Council members for their service to the City, and Mrs. Ellis for her 35 years of service to the City.  Ms Gilleland stated her report had been distributed and she would answer any questions. 

 

E.         SERVICE MANAGER.  Mr. Drobina stated the D-Line Phase III sewer project is still on schedule, and the traffic signal project at Windmiller and Refugee should be complete in the next few weeks.  Mr. Parker stated he would like to see something done about the speed limit on Hill Road going out of town that goes back and forth between the City and Township boundaries.  Mr. Wisniewski stated Safety Committee has been working on this for several months and we have been waiting for the Township to get approval from the County to make that a consistent speed limit. 

 

8.         PROCEDURAL READINGS:

 

A.        ORDINANCE 2005-92, “AN ORDINANCE ADOPTING PROPOSED CHAPTER 1276.23 OF THE PICKERINGTON CODIFIED ORDINANCES ENTITLED RESIDENTIAL BUILDING DESIGN STANDARDS,” First Reading, O’Brien.  (TABLED)

 

B.         ORDINANCE 2005-102, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A 0.4403 ACRE, MORE OR LESS, FEE SIMPLE INTEREST FROM DAVID S. DONLEY, LOCATED AT 150 BORLAND STREET, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, AND RECORD DEDICATION PLAT,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this property was rezoned a couple of years ago and it was negotiated that this small tract of land along Hill Road would be dedicated to the City and it would prevent an access onto S.R. 256.  Mr. Hackworth requested Ms Gilleland look into the issue voiced about the noise of the trucks going up and down Borland Street early in the morning.  Mr. Parker stated an access on S.R. 256 would be so close to the railroad crossing that it would create a very real safety issue.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Wright, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 5-1. 

 

C.        ORDINANCE 2005-103, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONSENT TO THE DIRECTOR OF TRANSPORTATION TO INSTALL MEDIAN CABLE BARRIER ON IR 270 FROM 0.06 MILES SOUTH OF THE JOHNSTOWN ROAD OVERPASS TO THE EXISTING BARRIER (APPROXIMATELY 0.54 MILES SOUTH OF BROAD STREET); AND ON THE IR 70 FROM 0.05 MILES EAST OF US 33 TO THE LICKING COUNTY LINE,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this would allow ODOT to install a cable barrier on IR70.  Mr. Wisniewski stated this barrier has been installed on the west side of Columbus and it appears to be very effective.  Mr. Parker stated he felt this was a safety concern and it would be beneficial to do all three readings this evening so the project can begin.  Roll call was taken with Mr. Parker, Mrs. Riggs, 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. Sabatino seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mrs. Riggs, Mr. Sabatino, and Mr. Parker 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, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 6-0.  

 

D.        ORDINANCE 2005-104, “AN ORDINANCE TO PROVIDE FOR CERTAIN WATER SERVICE CONNECTION CONDITIONS AND OPTIONS,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated we have offered the opportunity for some citizens who had water service available, but had not hooked up to City water in the past.  He stated we are offering the opportunity once again with the option for financing it and making payments through their monthly water bill or to make payments every six months along with their tax bill.  Mr. Hackworth stated it is important to get as many people in the City as possible hooked into the water system to ensure everyone has good, clean water.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

E.         ORDINANCE 2005-105, “AN ORDINANCE AMENDING THE 2005 APPROPRIATION, ORDINANCE 2004-81,” First Reading, Riggs.   Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Mrs. Riggs stated this is the end of the year adjustment that Mrs. Fersch briefed on, and she would be requesting three readings this evening.  Roll call was taken with Mr. Sabatino, Mr. Wright, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mrs. Riggs moved to suspend the rules for the purpose of three readings; Mr. Parker seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mrs. Riggs moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mrs. Riggs moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. Wright, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

F.         ORDINANCE 2005-106, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE LOCAL GOVERNMENT SERVICES DIVISION OF THE OFFICE OF THE AUDITOR OF STATE TO ASSIST THE CITY IN PREPARING GENERAL PURPOSE FINANCIAL STATEMENTS AND COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR),” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mrs. Riggs seconded the motion.  Mr. Wisniewski stated this deals with our annual financial report and he would request three readings this evening.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0.  Mr. Wisniewski moved to suspend the rules for the purpose of three readings; Mr. Parker seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mrs. Riggs, Mr. Sabatino, and Mr. Parker voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Wisniewski moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Wright, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Wisniewski moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

G.        ORDINANCE 2005-107, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE LOCAL GOVERNMENT SERVICES DIVISION OF THE OFFICE OF THE AUDITOR OF STATE TO AUDIT THE CITY’S ANNUAL FINANCIAL REPORT FOR 2005,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Mrs. Riggs stated this contract would authorize the State Auditor to audit the City’s financial report.  Mr. Parker stated he would vote no on this ordinance in honor of our former Mayor Lou Postage who always voted against paying someone to come in and audit our books.  Roll call was taken with Mr. Parker voting “Nay,” and Mr. Wisniewski, Mrs. Riggs, Mr. Sabatino, Mr. Wright, and Mr. Hackworth voting “Yea.”  Motion passed, 5-1.  Mrs. Riggs moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, Mr. Wisniewksi, and Mrs. Riggs voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Parker voting “Nay,” and Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 5-1.  Third Reading.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Parker voting “Nay,” and Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, and Mrs. Riggs voting “Yea.”  Motion passed, 5-1. 

 

H.        RDINANCE 2005-108, “AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN LAND OWNED BY THE CITY OF PICKERINGTON, MORE COMMONLY KNOWN AS PARCEL NO. 041-05632-00 (LOT NO. 1, WINDMILLER SQUARE COMMERCIAL SUBDIVSION, PICKERINGTON, OHIO) TO BE SOLD IN ACCORDANCE WITH OHIO REVISED CODE 721.01, ET. SEQ. AND TO REPEAL ORDINANCE 2005-11,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mrs. Riggs seconded the motion.  Mr. Wisniewski stated we have attempted to sell this land in the past and the sale did not go through, so we are now repealing that ordinance and this will authorize the advertising of that property for sale.  Mr. Parker stated the buyer on this property did not go through with the purchase because access onto Refugee Road was denied, and he assumed that when this is readvertised, access to Refugee Road will be denied to any potential buyer.  Mr. Wisniewski stated that was correct as we are trying to limit our access points onto Refugee Road.  Ms Gilleland stated access was not necessarily denied, we just chose to not guarantee it in the contract, we were not willing to guarantee it as part of the condition of the sale.  She stated it will be advertised as is, no access guaranteed, but not necessarily denied.  Mr. Parker stated he felt bidders should be informed that there is not an access point before they even bid, and Mr. Wright stated the desire was to have all of those parcels connect into the road behind the credit union.  Roll call was taken with Mr. Sabatino, Mr. Wright, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

            I.          ORDINANCE 2005-109, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $2,800,000 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF WATER SYSTEM IMPROVEMENTS,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Mrs. Riggs stated this is a renewal and we are paying $47,000 on the principle.  She stated this note will remain with Fairfield National and will not be part of the eight notes that are being combined.  Mrs. Riggs stated there are several notes on the agenda and she will not explain each one again unless there is a discussion item someone would like to bring up.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

            J.          ORDINANCE 2005-110, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $250,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING REAL PROPERTY FOR USE AS PARK LAND,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Sabatino clarified this was for the purchase of the parkland at Shawnee Crossing.  Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. Wisniewski, Mrs. Riggs, Mr. Parker, and Mr. Hackworth voting “Yea.”  Motion passed, 4-2. 

 

            K.        ORDINANCE 2005-111, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $385,000 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 COSTS OF CONSTRUCTING AND ACQUIRING IMPROVEMENTS AND RENOVATIONS TO THE CITY HALL AND BUILDING DEPARTMENT BUILDING,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wright voting “Nay,” and Mr. Sabatino, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 5-1. 

 

            L.         ORDINANCE 2005-112, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $1,950,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO THE SANITARY SEWER COLLECTION AND TREATMENT SYSTEM OF THE CITY, INCLUDING PHASES 2-C , 3, AND 4 OF THE D-LINE SEWER AND ENGINEERING COSTS RELATED TO PHASE 2 OF THE SYCAMORE CREEK E-LINE SEWER,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

            M.        ORDINANCE 2005-113, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $2,170,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF CONSTRUCTING STREET IMPROVEMENTS IN THE CITY, INCLUDING IMPROVEMENTS TO DILEY ROAD, STREET IMPROVEMENTS KNOWN AS THE COURTRIGHT ROAD REALIGNMENT, AND STREETS, SIDEWALKS, CURBS AND GUTTERS, AND OTHER STREET IMPROVEMENTS IN THE DOWNTOWN AREA OF THE CITY,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

            N.        ORDINANCE 2005-114, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $775,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO THE WATER SUPPLY AND WATERWORKS SYSTEM OF THE CITY,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Wright, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

            O.        ORDINANCE 2005-115, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $315,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING, CO0NSTRUCTING, EQUIPPING AND FURNISHING A POLICE BUILDING,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

            P.         ORDINANCE 2005-116, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $260,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING AND INSTALLING TRAFFIC CONTROL DEVICES AND RELATED STREET IMPROVEMENTS,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

            Q.        ORDINANCE 2005-117, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $490,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING REAL PROPERTY FOR PURPOSES OF THE CITY,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Wright, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 5-1.  

 

            R.         ORDINANCE 2005-118, “AN ORDINANCE CONSOLIDATING UP TO EIGHT BOND ANTICIPATION NOTE ISSUES OF THE CITY OF PICKERINGTON, OHIO, INTO A CONSOLIDATED NOTE ISSUE, AND ESTABLISHING THE TERMS OF SUCH CONSOLIDATED NOTE ISSUE,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

            S.         ORDINANCE 2005-119, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH W. E. STILSON CONSULTING GROUP, LLC, FOR PROFESSIONAL ENGINEERING SERVICES,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this is a renewal of our contract with W. E. Stilson Consulting to act as our engineer and represent us in all our engineering matters.  Mr. Parker stated he has worked with the engineers for several years and he would like to thank them for having such a great staff.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

            T.         RESOLUTION 2005-22R, “A RESOLUTION OF AUTHORIZATION (NATUREWORKS GRANT),” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion.  Mr. Wisniewski stated this was our annual NatureWorks grant application.  He stated the project we have selected for this application is the replacement of playground equipment at Victory Park.  Roll call was taken with Mr. Sabatino, Mr. Wright, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

            U.        RESOLUTION 2005-23R, “ANNUAL RESOLUTION TO REQUEST ADVANCE DISTRIBUTION OF TAX MONIES OF 5.5 MILL POLICE OPERATING LEVY FROM THE FAIRFIELD COUNTY AUDITOR PURSUANT TO SECTION 321.34, OHIO REVISED CODE,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Wright seconded the motion.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

            V.        RESOLUTION 2005-24R, “ANNUAL RESOLUTION TO REQUEST ADVANCE DISTRIBUTION OF TAX MONIES OF 2.3 MILL GENERAL OPERATING LEVY FROM THE FAIRFIELD COUNTY AUDITOR PURSUANT TO SECTION 321.34, OHIO REVISED CODE,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Wright seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  

 

W.       ORDINANCE 2005-94, “AN ORDINANCE APPROVING REZONING AT 100 LOCKVILLE ROAD (CITY HALL) FROM AG (RURAL DISTRICT) TO O (SUBURBAN OFFICE DISTRICT),” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion.  Mr. Hackworth stated this would rezone the property City Hall is located on.  Roll call was taken with Mr. Wright, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

X.        ORDINANCE 2005-96, “AN ORDINANCE RESCINDING ORDINANCE NO. 2005-67 PASSED SEPTEMBER 6, 2005, AUTHORIZING THE ISSUANCE OF $380,000 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 CONSTRUCTING STREET IMPROVEMENTS AND PARTICULARLY WIDENING DILEY ROAD IN THE CITY,” Second Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mrs. Riggs seconded the motion.  Mr. Wisniewski stated we did not need to renew these notes and we are, therefore, rescinding the ordinance.  Roll call was taken with Mr. Wright, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

Y.        ORDINANCE 2005-98, “AN ORDINANCE ADOPTING THE BUDGET FOR THE 2006 FISCAL YEAR BEGINNING JANUARY 1, 2006,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion.  Mr. Hackworth stated this is our budget and is, basically, Council’s appropriation for next year’s funds.  Mr. Wisniewski stated he had a few questions and he is very concerned that this is the second year in a row we are not paying down any of our debt, we are merely paying interest.  Mr. Wisniewski further stated he would like clarification on a few issues, as some of the professional services categories seem to have increased by a large percentage.  Mr. Wisniewski stated he would like to request a special meeting just to go over the budget again prior to it being approved.  Mr. Wright stated he had major concerns with this budget as well.  He stated we are looking at legal fees that are putting us in the position that we are spending almost $2,000,000 in the past two years on legal fees to defend the City.  He stated in ten years he did not recall anyone ever voting against the budget, and he is about to do that.  Mr. Wright continued this budget and the Capital Improvements Plan are doing things that many people on this Council said they would not do, and he could not vote for it.  Mr. Wright stated we can have a special meeting and go through it again, but he felt there needs to be some significant changes on how we address some issues.  Mrs. Riggs stated she sat at several meetings about going through the budget, and we came up with a game plan that was initiated.  She stated she understood everyone had other jobs, but we are now addressing items in the budget that should have been addressed early on.  Mrs. Riggs stated we do have a tremendous amount of debt, but we did not get here overnight; it is decisions made over years and we are now paying the price.  Mrs. Riggs stated we will need to find ways to generate more revenue in the City to help pay the debt.  She stated further with regard to legal fees, she hoped we did not see another year like the one we just had.  Mrs. Riggs stated we do not have any depth in the City when it comes to positions, we have no succession planning, and there are several areas we need to improve upon, but it will not happen over night.  It will take time.  She stated she is willing to have another meeting if that is what Council desires, however, she felt we needed to move swiftly.  Mr. Sabatino stated he did express some concerns at the first reading of the budget about the fact that for two years our legal budget is over $1,000,000, and the fact that we are spending down approximately of our fund balances.   He stated this was like taking money out of your savings account to make your mortgage payment and sooner or later you will run out of savings.  He stated this is not the first year this has happened, and he is not as concerned about raising more revenue as he is about how we are spending some of what we are spending.  Mr. Sabatino stated he would certainly be in favor of taking another look at the budget because if he had to vote on it right now, he would vote no.  Mayor Shaver stated if Council does not pass the budget tonight, it will go into effect at the end of the year anyway.  Mr. Sabatino stated that meant Council did not endorse the budget.  Mayor Shaver stated if Council desires a work session and a special meeting that can be scheduled for next week.  Ms Gilleland stated staff will do whatever it takes to make sure Council feels comfortable.  Mr. Parker stated he would recommend the second reading be completed this evening, and then schedule a work session with a special meeting immediate following.  Roll call was taken with Mr. Wright and Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.”  Motion passed, 4-2. 

 

Z.         ORDINANCE 2005-99, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND MODIFICATION OF THE ORIGINAL AGREEMENT FOR ENGINEERING SERVICES WITH STILSON CONSULTING GROUP, LLC, FOR COMPLETION OF FINAL DESIGN AND RIGHT-OF-WAY ACQUISITION AND FUNDING REQUEST,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion.  Mr. Hackworth stated this is basically a change order for the design of Diley Road.  Roll call was taken with Mr. Wright, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  

 

AA.      ORIDNANCE 2005-100, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FAIRFIELD COUNTY DEMONSTRATING COMPLIANCE WITH THE STATEWIDE OEPA 208 PLAN,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Wright and Mr. Parker voting “Nay,” and Mr. Wisniewksi, Mrs. Riggs, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 4-2. 

 

BB.      ORDINANCE 2005-101, “AN ORDINANCE ADOPTING A CAPITAL IMPROVEMENTS PLAN (CIP) FOR 2006-2010,” Second Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Wright stated he would vote against this CIP.  He stated there is an entry estimating almost 11 million dollars to the sewer plant to be spent in the next couple of years.  He stated many members on this Council had said we did not need a new sewer plant when we would have had 100 acres of land coming with it at a low interest rate, and now just a couple of years later we are looking at putting almost 11 million dollars into our current sewer plant and he would not vote for this CIP.  Ms Gilleland stated that is not planned for 2006, and what she had tried to do with the Capital Improvements Plan is to plan for the worst case scenario over the next five years so Council would have the full picture of what could potentially happen.  She stated no decisions have been made on this project; it is a worst-case scenario and not a plan in place.  Roll call was taken with Mr. Wright and Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.”  Motion passed, 4-2.  Mr. Hackworth moved to suspend the rules for the purpose of a third reading; Mr. Parker seconded the motion.  Roll call was taken with Mr. Wright and Mr. Sabatino voting “Nay,” and Mr. Hackworth, Mr. Wisniewski, Mr. Parker, and Mrs. Riggs voting “Yea.”  Suspension of Rules failed, 4-2. 

 

9.         LEGISLATIVE READINGS: 

 

            A.        ORDINANCE 2005-50, “AN ORDINANCE ACCEPTING THE FINAL PLAT FOR THE WELLINGTON PARK SUBDIVISION – SECTION 1 (VIRGINIA HOMES),” Third Reading, Hackworth.  (TABLED)

 

B.         ORDINANCE 2005-93, “AN ORDINANCE ACCEPTING THE FINAL DEVELOPMENT PLAN FOR THE RETREAT AT SPRING LAKES,” Third Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Parker seconded the motion.  Mr. Hackworth stated this was the final plat approval for the condos at Spring Lakes.  Mr. Hackworth stated in the third “Whereas” it reflected 45 units and that number should actually be 48.  He stated that was apparently a typo and he would request that be corrected on the ordinance.  Mayor Shaver stated a typographical error could be corrected and did not require an amendment to the ordinance.  Mr. Hackworth stated he would request that correction if there were no objections from Council.  There being no objections, roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. Wright, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.

 

C.        ORDINANCE 2005-97, “AN ORDINANCE TO ADOPT AN EMPLOYEE PAY PLAN AND AUTHORIZED STRENGTH FOR 2006 AND DECLARING AN EMERGENCY,” Third Reading, Mrs. Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Mrs. Riggs stated this is the Employee Pay Plan and Authorized Strength for the next year.  Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. Sabatino, Mr. Wisniewski, Mr. Parker, and Mrs. Riggs voting “Yea.”  Motion passed, with emergency, 6-0. 

 

10.       OTHER BUSINESS:  Mrs. Riggs stated she would like to thank Mr. Wright, Mr. Parker, and Mr. O’Brien for the courtesy and support they have extended to her.  She stated they all share a love for the City and a desire to make it a better place.     

 

11.       MOTIONS:

 

A.        Mrs. Riggs moved to schedule a Council Work Session for Tuesday, December 27, 2005, at 6:30 P.M. to review the 2006 budget and a Special Council Meeting for Tuesday, December 27, 2005, at 7:30 P.M. for the final reading on the budget; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

12.       ADJOURNMENT. There being nothing further, Mr. Parker moved to adjourn; Mr. Wright seconded the motion.  Mrs. Riggs, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, and Mr. Parker voting voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 9:13 P.M., December 20, 2005.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

____________________________________

David Shaver, Mayor