PICKERINGTON CITY COUNCIL

TUESDAY, JULY 18, 2006

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 18, 2006, at City Hall.  Mayor Shaver called the meeting to order at 7:30 P.M.  Roll call was taken as follows:  Mr. Fix, Mr. Hackworth, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present. No members were absent.  Others present were: Judy Gilleland, Lynda Yartin, Phil Hartmann, Ed Drobina, Chris Schornack, Commander Steve Annetts, Rick Palsgrove, David Owen, Sean Casey, Harry Myers, Dave Rossman, Tory Kramer, Gavin Blair, Jeff Wiater, Trina Wiater, Jim Holcomb, and others.  Harry Myers delivered the invocation. 

 

2.         A.        APPROVAL OF MINUTES OF JUNE 20, 2006, WORK SESSION REGARDING MEMORANDUM OF UNDERSTANDING.  Mr. Sabatino moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Hackworth, Mr. Fix, and Mrs. Riggs voting “Yea.”  Motion passed, 7-0.

 

B.         APPROVAL OF MINUTES OF JUNE 20, 2006, REGULAR MEETING.  Mr. Wisniewski moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Hackworth, Mrs. Hammond, Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0. 

 

3.         APPROVAL OF AGENDA.  Mr. Smith moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mrs. Hammond, Mr. Smith, Mr. Fix, Mrs. Riggs, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0. 

 

4.         COMMUNITY COMMENTS:  

 

A.        Dave Rossman, 104 Lakepoint Court.  Mr. Rossman stated he understood there was talk about a JEDD between the Township and City, and he wondered if there was more information about that available.  Mayor Shaver stated we are in the process of negotiations and he fully expected we would have a JEDD agreement in the near future.  Mr. Rossman stated he felt that would be best for the Township and the City. 

 

B.         Trina Wiater, 714 Preston Trails Drive.  Mrs. Wiater stated she had distributed information regarding secondhand smoke to the Council members that she had gotten from the National Cancer Institute (Attachment 1).  She stated she would like to request Council propose a smoking ban within the City of Pickerington.  Mrs. Wiater stated her son has asthma and being around secondhand smoke makes his breathing more difficult and she felt a smoking ban was the right thing to do.  Mayor Shaver stated citizens have two options available to them.  The first option is to request an individual council member introduce an ordinance, and several organizations have draft ordinances available.  He stated, secondly, there is always the option to have it placed directly on the ballot.  Mr. Smith stated there is also an effort for a statewide ban, and Mrs. Riggs stated that could make the November ballot.  Mayor Shaver stated if Mrs. Wiater would like to contact the City’s attorney, Mr. Hartmann, he would be happy to work with her on what is necessary and required to get something put on the ballot.  Mrs. Riggs stated Council had investigated this about a year ago, and there was not a lot of support for it at that time.  Mr. Wisniewski stated he is not a fan of smoking, however, he was not sure that an ordinance from Council would be the most appropriate way to pursue this.  He stated as a Council member, he has received only two or three e-mails within the past 18 months or so on this issue.  Mr. Wisniewski further stated if we have enough citizens that are interested in putting this on the ballot, Council would not do anything to prevent it.  Mr. Wisniewski stated while many residents may be supportive of this; there has not been a large outcry.  Mrs. Riggs stated while she shared Mrs. Wiater’s sentiments, she did believe it would be better served to have it on the ballot and let the voters vote.  Mayor Shaver stated if this were put on the ballot and it passed, even if the one for the State failed, it would still be in effect for the City.  Mrs. Waiter stated she would be in contact with Mr. Hartmann.    

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there were five consent agenda items this evening, Resolution 2006-04R, a Resolution appointing Tim Wagner to the Personnel Appeals Board; Resolution 2006-05R, a Resolution appointing Susan Green to the Parks and Recreation Board, Resolution 2006-06R, a Resolution appointing Yulanda Hammond to the Parks and Recreation Board, Resolution 2006-07R, a Resolution appointing Linda Shelts to the Tree Commission, and Resolution 2006-08R, a Resolution appointing Mike McKinley to the Tree Commission.  Mr. Fix moved to approve the Consent Agenda; Mr. Smith seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 7-0. 

 

6.         COMMITTEE REPORTS:   

 

            A.        SERVICE COMMITTEE (Mr. Hackworth)  Mr. Hackworth stated Service Committee met on July 13th, and one item from that meeting is on tonight’s agenda to authorize the contract for road salt.  He stated the Committee had also approved two rezonings and public hearings before Council for those rezonings will be on August 15th.  He further stated they approved an ordinance to accept the 362-acre annexation and that will be on the August 1st Council agenda.  Mr. Hackworth stated we have not received the amended Access Management Plan so he will be requesting that be tabled this evening. 

 

            B.         RULES COMMITTEE (Mrs. Riggs).  Mrs. Riggs stated Rules Committee met on July 10th, and sent forward the resolutions for appointments to the various boards and commission that were just approved on the Consent Agenda.  She stated they will be interviewing and recommending an appointment to the Utility Fees Review Committee, and they are also reviewing the parameters around the Charter Review Board. 

 

            C.        SAFETY COMMITTEE (Mr. Smith).  Mr. Sabatino stated Safety Committee also met on July 10th.  He stated two items from that meeting are on tonight’s agenda, the legislation regarding adopting the 2005 Ohio Fire Code and amending the Codified Ordinances regarding warranty of improvements.  Mr. Smith stated he would answer any questions anyone might have. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated the monthly Mayor’s Court Report had been distributed and he would answer any questions. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he had nothing to report this evening, but would be happy to answer any questions. 

 

C.        FINANCE DIRECTOR.  Mr. Schornack stated he had no new legislation on the agenda, and Council had received the Comprehensive Annual Financial Report and Management letter.  He stated he would be happy to answer any questions.  

D.        MANAGER.  Ms Gilleland stated Mr. Tim Hansley has started work for us as the Director of Development, and we are keeping him very busy.  She stated she would also like to extend a thank you to the Violet Township Fire Department for all of their help with the Fourth of July festival.  Ms Gilleland stated if Council has any questions, Mr. Holcomb will be happy to answer any questions with regard to the Fire Prevention Code. 

 

                        Mr. Paul Lane stated with regard to Ordinance 2006-65, we were asked to look at our maintenance bond requirements to see if we would consider adjusting it to better reflect what other communities in central Ohio have.  Mr. Lane stated after research into the issue, Safety Committee had forwarded the legislation to Council this evening.  He stated the new requirement for maintenance bonds would be for two years and 20 percent of the performance bond.  Ms Gilleland stated we are still a little more stringent than most of the area communities, however, we felt this was more appropriate in light of the volume of development. 

 

E.         SERVICE MANAGER.  Mr. Drobina stated his only action item on the agenda is the ordinance authorizing the contract for road salt with Cargill Salt.  Mr. Drobina stated this is a two-year contract that may be extended an additional four years at two-year increments.  He stated he would be happy to answer any questions. 

 

8          PROCEDURAL READINGS:

 

            A.        RESOLUTON 2006-04R, “A RESOLUTION APPOINTING TIM WAGNER TO THE PERSONNEL APPEALS BOARD,” First Reading, Riggs. Mr. Fix moved to approve; Mr. Smith seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 7-0.  (CONSENT AGENDA ITEM)

 

            B.         RESOLUTION 2006-05R, “A RESOLUTION APPOINTING SUSAN GREEN TO THE PARKS AND RECREATION BOARD,” First Reading, Riggs.  Mr. Fix moved to approve; Mr. Smith seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 7-0.  (CONSENT AGENDA ITEM)

 

            C.        RESOLUTION 2006-06R, “A RESOLUTION APPOINTING YULANDA HAMMOND TO THE PARKS AND RECREATION BOARD,” First Reading, Riggs.  Mr. Fix moved to approve; Mr. Smith seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 7-0.  (CONSENT AGENDA ITEM)

 

            D.        RESOLUTION 2006-07R, “A RESOLUTION APPOINTING LINDA SHELTS TO THE TREE COMMISSION,” First Reading, Riggs.  Mr. Fix moved to approve; Mr. Smith seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 7-0.  (CONSENT AGENDA ITEM)

 

            E.         RESOLUTION 2006-08R, “A RESOLUTION APPOINTING MIKE McKINLEY TO THE TREE COMMISSION,” First Reading, Riggs.  Mr. Fix moved to approve; Mr. Smith seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 7-0.  (CONSENT AGENDA ITEM)

 

 

            F.         ORDINANCE 2006-64, “AN ORDINANCE ADOPTING THE 2005 OHIO FIRE CODE AND AMENDING CHAPTER 16 OF THE CODIFIED ORDINANCES OF THE CITY OF PICKERINGTON ENTITLED ‘FIRE PREVENTION CODE’,” First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated this would move the 2005 Ohio Fire Code in its entirety into our ordinances.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Hackworth, and Mr. Fix voting “Yea.”  Motion passed, 7-0.  

 

            G.        ORDINANCE 2006-65, “AN ORDINANCE AMENDING CHAPTER 1258.32(a) OF THE CODIFIED ORDINANCES OF THE CITY OF PICKERINGTON ENTITLED ‘WARRANTY OF IMPROVEMENTS’,” First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated Mr. Lane had briefed on this earlier and he felt the new requirement was reasonable and the right thing to do.  Mayor Shaver clarified the maintenance bonds were previously adjusted in 2001.  Roll call was taken with Mrs. Hammond, Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Smith voting “Yea.”  Motion passed, 7-0. 

 

            H.        ORDINANCE 2006-66, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CARGILL SALT FOR ROAD SALT,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Fix seconded the motion.  Mrs. Riggs stated Mr. Drobina had covered this earlier, and Cargill was the lowest bidder for this contract.  Mr. Smith ascertained our current contract is with Cargill and we have been very happy with their service.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed 7-0. 

 

            I.          ORDINANCE 2006-46, “AN ORDINANCE RESCINDING ORDINANCE NO. 2001-130 AND ADOPTING A NEW ACCESS MANAGEMENT PLAN,” Second Reading, Hackworth.  Mr. Hackworth moved to Table; Mr. Sabatino seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Riggs, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, -7-0.  (TABLED)

 

            J.          ORDINANCE 2006-47, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FAIRFIELD COUNTY FOR EMERGENCY WATER SERVICES AND THE CONSTRUCTION OF CERTAIN WATER FACILITIES,” Second Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Fix seconded the motion.  Mrs. Riggs stated this is between the County and the City in the event of a situation where one or the other needs water.  She stated whatever the average lowest fee is the one that will be charged.  She stated further the County will be reimbursing us for the waterline.  Roll call was taken with Mrs. Riggs, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 7-0. 

 

            K.        ORDINANCE 2006-62, “AN ORDINANCE AMENDING THE 2006 APPROPRIATION, ORDINANCE 2005-98,” Second Reading, Fix.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Smith, and Mrs. Hammond voting “Yea.”  Motion passed, 7-0.  

 

            L.         ORDINANCE 2006-63, “AN ORDINANCE TO AMEND ORDINANCE 2005-97 (EMPLOYEE PAY PLAN AND AUTHORIZED STRENGTH FOR 2006),” Second Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 7-0. 

 

9.         LEGISLATIVE READINGS:

 

            A.        ORDINANCE 2006-40, “AN ORDINANCE ACCEPTING THE FINAL PLAT FOR ASHTON CROSSING COMMERCIAL SUBDIVISION,” Third Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this was the land behind the Holiday Inn near I-70 and S.R. 256.  Roll call was taken with Mr. Fix, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 7-0. 

 

10.       OTHER BUSINESS:  Mr. Smith stated he would like to recognize the work of our Parks and Recreation Department and City employees for the Fourth of July celebration.  He stated it was a very well run and well-organized event. 

 

            Mrs. Yartin stated she would like to let everyone know that the Finance Committee scheduled for July 20th, has been rescheduled for July 19th, due to a conflict in scheduling. 

 

11.       MOTIONS:  There were no motions. 

 

12.       ADJOURNMENT.  There being nothing further, Mr. Hackworth moved to adjourn; Mr. Wisniewski seconded the motion.  Mrs. Riggs, Mr. Fix, Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mr. Sabatino, and Mrs. Hammond voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 8:10 P.M., July 18, 2006.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

__________________________________

David Shaver, Mayor