PICKERINGTON CITY COUNCIL
TUESDAY,
MARCH 7, 2006
COUNCIL WORK SESSION
DISCUSSION REGARDING DILEY ROAD
PROPERTY ACQUISITION PROCESS
7:00 P.M.
1. ROLL CALL. Mayor Shaver opened the work session at 7:00 P.M., with Mrs. Riggs, Mr. Fix, Mr. Smith, Mr. Hackworth, Mrs. Hammond, Mr. Sabatino, and Mayor Shaver present. Mr. Wisniewski was absent. Others present were: Judy Gilleland, Lynda Yartin, Ed Drobina, Jennifer Frommer, Kevin Grathwol, Sean Hillman, Sean Casey, Patti Wigington, David Owens, and others.
2. Review and discussion of the Diley Road Property Acquisition Process. Ms Gilleland stated she would turn the work session over to Ms Frommer at this time.
Ms Frommer distributed two project memorandums to Council members. She stated the first subject was Diley Road Improvements, Project Schedule and Right-of-Way Procurement. Ms Frommer reviewed the project schedule, right-of-way acquisition, and a brief background of the project as outlined in the memorandum, Attachment 1 to these minutes. Ms Frommer stated right now the project is on track to have a June 1st award date. Ms Gilleland stated ODOT’s schedule is three months different than ours, and they have a September award date in their schedule. Ms Frommer stated that was correct, however, the date can always be pushed up, but you cannot push it back. Mayor Shaver clarified that our current project schedule is June, and ODOT’s schedule is September, so we may have a three-month time lag. Ms Frommer stated that was correct.
Ms Frommer reviewed the second memorandum, Diley Road Widening Project, Right-of-Way Procurement, that detailed the Right-of-Way “Take” Categories, Attachment 2 to these minutes. Ms Frommer stated the purpose of this memorandum is to provide Council with information so should they receive calls from residents they would know what categories we were working with. Ms Frommer stated she would like to stress that there are 110 parcels involved in the project and there are no total takes in the project corridor.
Mr. Fix clarified that of the 110 parcels, to the extent that the value exceeds the City Manager’s spending authority of $25,000, then they would flow through Service Committee to Council for consideration.
Ms Frommer stated further that all parcel’s offers must either be agreed upon and executed, or an appropriation action filed in court prior to December 31, 2006, lest the project schedule be jeopardized.
Mr. Fix inquired what would happen if a landowner just refused to sell. Mr. Hillman stated at that point the parcel would be turned over to the City, the offered amount for what is being taken is turned over to the law department, they file an eminent domain proceeding with the Fairfield County Common Pleas Court. Mr. Hillman stated as soon as that money is deposited and the case if filed, the City has the right to the property and to proceed with the project. He stated it is then between the City attorney, the property owner and their attorney, as far as determining where it settles or if it will make it all the way to trial and a jury will determine how much money they get. He stated there is nothing stopping the project, it is going to happen whether the property owners are in agreement with it, don’t like the money, no matter what the project is going to happen. Mrs. Riggs clarified the project does not stop at any time unless the City decides they want to try and negotiate further with the property owner and not file the eminent domain action. Mr. Fix further questioned if that usually happened in a project like this. Mr. Hillman stated just because of the build up of the project and the dissention that is already out there, you could probably anticipate a large amount of these. Mayor Shaver stated he thought we might want to have a set up a mechanism with a member of Council, a member of the administration, and a member of the legal team to work through these and if an agreement can be reached, then the individual has the right to go to a jury trial. Mayor Shaver stated he felt we did not want to have each negotiation become a public spectacle.
Mr. Smith inquired if we should have a public hearing where the property owners can come in as a group, and Mayor Shaver stated this is not a group concern. He stated he felt we did need to set up a venue where each individual property owner can come in and be heard by a member of City Council, a member of the administration, a member of the legal team, etc. He stated as far as a public meeting he did not know how you could have a public discussion of individual parcels because each one is different.
Mr. Sabatino stated further as he understood it, the parcels will be coming in at different times as well. Ms Gilleland stated Mr. Hillman is the expert in this area, he is the negotiator, and he has already begun contacting the owners. Mr. Hillman stated the process for each parcel starts with the title work and establishing ownership, then it goes to the appraisal process. He stated upon the completion of the appraisal it is turned over to a separate appraisal reviewer to ensure things are in compliance with the State and Federal guidelines. After the appraisal is signed off by the reviewer, it is turned over to the City and you, as the City, establish the fair market value. He continued once the City signs off on it, it is returned to him and he then starts the negotiations. He will contact the property owner, let them know the appraisal is complete, and meet with them to explain how the project will affect their particular parcel, explain the City’s offer and how they arrived at that offer, and go over the appraisal with them. Mr. Hillman stated some property owners are always given the opportunity to meet with them. He further stated if the property owner wants to make a counter offer, he will take that offer to the City, however they must justify why they feel they should get additional money. Mr. Hillman stated the City could then determine if they want to meet that amount, offer something in between the two amounts, or whatever. Mr. Hillman stated when the parcel is closed he will then go and record the deed and the process is concluded.
Mayor Shaver stated at this point we want to be careful that we do not have individual council members doing lobbying techniques for individual parcel owners. Ms Frommer stated she would request council members refer all calls regarding the specifics of the appraisal process, etc., to her office so she can have Mr. Hillman or Mr. Grathwol handle them. Mr. Fix clarified we have not designated a council member to serve as the council liaison as yet.
3. ADJOURNMENT: There being nothing further, the work session closed at 7:29 P.M., March 7, 2006.
RESPECTFULLY SUBMITTED:
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ATTEST:
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