PICKERINGTON CITY COUNCIL
TUESDAY, SEPTEMBER 5, 2006
7:30
P.M.
1. ROLL CALL, PLEDGE OF ALLEGIANCE, AND INVOCATION. Council for the City of Pickerington met for a regular session Tuesday, September 5, 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, Linda Fersch, Phil Hartmann, Chief Mike Taylor, Ed Drobina, Tim Hansley, Rick Palsgrove, David Owen, Sean Casey, Dan Horne, Steve Grasbaugh, Dennis Schwallie, Jennifer Frommer, William Stilson, Terry Walburn, Gary Weltlich, Tory Kramer, Annette Toth, Brittany Toth, and others. Council President Brian Wisniewski delivered the invocation.
2. A. APPROVAL OF MINUTES OF AUGUST 15, 2006, Public Hearing regarding the rezoning of 11460, 11438, and 11390 Milnor Road (Ebright Property). Mr. Wisniewski, moved to approve; Mr. Sabatino seconded the motion. Roll call was taken with Mrs. Riggs abstaining, and Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Hackworth, and Mr. Fix voting “Yea.” Motion passed, 6-0.
B. APPROVAL OF MINUTES OF AUGUST 15, 2006, Public Hearing regarding rezoning of 11360 Milnor Road (Ebright Property). Mr. Hackworth moved to approve; Mr. Wisniewski seconded the motion. Roll call was taken with Mrs. Riggs abstaining, and Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Hackworth, Mrs. Hammond, and Mr. Wisniewski voting “Yea.” Motion passed, 6-0.
C. APPROVAL OF MINUTES OF AUGUST 15, 2006, REGULAR MEETING. Mr. Fix moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mrs. Riggs abstaining, and Mr. Wisniewski, Mr. Hackworth, Mrs. Hammond, Mr. Smith, Mr. Fix, and Mr. Sabatino voting “Yea.” Motion passed, 6-0.
3. APPROVAL OF AGENDA. Mr. Smith moved to approve; Mr. Wisniewski 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.
4. COMMUNITY COMMENTS: There were no community comments.
5. APPROVAL OF CONSENT AGENDA: Mayor Shaver stated there were no Consent Agenda items this evening.
6. COMMITTEE REPORTS:
A. FINANCE COMMITTEE (Mr. Wisniewski) Mr. Wisniewski stated Finance Committee met on August 17th and the minutes have been distributed. Mr. Wisniewski stated Finance Committee had forwarded Ordinance 2006-89 to Council and did request the emergency language. Mr. Wisniewski stated this agreement will allow the stream mitigation to proceed and take advantage of the remaining construction season.
7. REPORTS:
A. MAYOR. Mayor Shaver stated the Monthly Mayor’s Court Report had been distributed. Mayor Shaver stated he would like to congratulate the Lions’ Club for a very successful Labor Day event. Mayor shaver further stated he would like to thank Council, the volunteer members of our Boards and Commissions, and City Staff for all of their work on various projects. He stated the Utility Fees Review Committee has put in many hours before forwarding their recommendations with regard to an increase in the water and sewer user fees, and we have not had an increase in our fees for the past 14 to 15 years. He further stated projects such as the Access Management Plan, and the new TIF agreement were major accomplishments and he would like to thank everyone involved for all of their efforts in getting these projects completed.
B. LAW DIRECTOR. Mr. Hartmann stated Items 8.N through T are all related to the Diley Road widening and are all matters where settlements have been reached, and this is authorization to pay the price that was agreed upon by the ODOT negotiator and the landowners. He stated Items 8.V and W are resolutions of intent to appropriate the easements as we have not reached an agreement with the property owners.
C. FINANCE DIRECTOR. Mrs. Fersch stated she had several items on tonight’s agenda. She stated she would request three readings on the appropriation ordinance as there are some items that need to be taken care of. Mrs. Fersch further stated she was asking for three readings with the emergency for Resolution 2006-14R to accept the amounts and rates determined by the Fairfield County Budget Commission as we are required by law to pass this resolution and forward it to the County Auditor by October 1st.
D. SERVICE MANAGER. Mr. Drobina stated Item 8.E. is the legislation to authorize a contract with Moody’s of Dayton for the construction and installation of Well NO. 7 at the Diley Road Wellfield. He stated the contractor has agreed to hold the prices until October 19th, so he would ask for two readings this evening. Mr. Drobina further stated he would ask for the final readings on the Waste Management contract extension this evening as our current contract expires on September 30th.
E.MANAGER. Ms Gilleland stated her report had been distributed, and she would be happy to answer any questions.
Mr. Terry Walburn, Chairman of the Utility Fees Review Committee, stated he would like to thank all of the staff that provided support to the Committee during the past several months. Ms Gilleland provided a power point presentation regarding the water and sewer fee increase issue (Attachment 1 to these minutes).
Mr. Hansley stated Item 8.D. on tonight’s agenda is an agreement with Stilson Consulting Group regarding the stream mitigation on the Freedom Way project. He stated Finance Committee had reviewed this agreement and moved it forward to Council. Mr. Hansley further stated staff would recommend passage of this ordinance, with the emergency language, in order limit the city’s mitigation responsibilities.
8 PROCEDURAL READINGS:
A. ORDINANCE 2006-73, “AN ORDINANCE TO ACCEPT AN ANNEXATION OF 316 ACRES IN VIOLET TOWNSHIP, FAIRFIELD COUNTY, TO THE CITY OF PICKERINGTON, STATE OF OHIO,” First Reading, Hackworth. (TABLED, 08/01/06)
B. ORDINANCE 2006-87, “AN ORDINANCE ESTABLISHING A PROHIBITION ON PERSONS WHO HAVE BEEN CONVICTED OF AND/OR WHO HAVE BEEN CLASSIFIED AS EITHER A SEXUAL PREDATOR OR AS A SEXUALLY ORIENTED OFFENDER FROM ESTABLISHING A RESIDENCE OR OCCUPYING RESIDENTIAL PREMISES WITHIN ONE THOUSAND (1,000) FEET OF ANY SCHOOL PREMISES, LICENSED DAYCARE FACILITIES, CITY-OWNED OR OPERATED PUBLIC PARKS, SWIMMING POOLS AVAILABLE TO THE PUBLIC, OR PUBLIC OR COMMUNITY PLAYGROUNDS,” First Reading, Smith. Mr. Smith moved to adopt; Mr. Sabatino seconded the motion. Mr. Smith stated this ordinance was passed out of Safety Committee unanimously. He stated while this is not a cure all to the problem, he did feel it was one brick in the wall to help protect our children as they are our most valuable resource. 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.
C. ORDINANCE 2006-88, “AN ORDINANCE AMENDING THE 2006 APPROPRIATION, ORDINANCE 2005-98,” First Reading, Fix. Mr. Fix moved to adopt; Mr. Smith seconded the motion. Mr. Sabatino stated he had concerns regarding the appropriation for the Street Construction Fund. Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Hammond, Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mr. Hackworth, and Mr. Smith voting “Yea.” Motion passed, 6-1. Mr. Fix moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Smith, Mrs. Riggs, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.” Suspension of Rules passed, 7-0. Second Reading. Mr. Fix moved to adopt; Mr. Smith seconded the motion. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Smith, Mr. Fix, Mrs. Riggs, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 6-1. Third Reading. Mr. Fix moved to adopt; Mr. Smith seconded the motion. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Fix, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, and Mr. Smith voting “Yea.” Motion passed, 6-1.
D. ORDINANCE 2006-89, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT BETWEEN THE CITY AND W.E. STILSON CONSULTING GROUP REGARDING STREAM MITIGATION AND COMPLIANCE WITH SECTION 401 CERTIFICATION REGARDING THE FREEDOM WAY PROJECT AND DECLARING THE EMERGENCY,” First Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion. Mr. Wisniewski stated again he would ask for three readings and the emergency this evening to allow this project to get taken care of. 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. Mr. Wisniewski moved to suspend the rules for the purpose of three readings; Mr. Hackworth seconded the motion. Roll call was taken with Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Hackworth, Mr. Fix, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Suspension of Rules passed, 7-0. Second Reading. Mr. Wisniewski moved to adopt; Mr. Hackworth 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. Third Reading, with emergency. Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. Fix, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.” Motion passed, with emergency, 7-0.
E. ORDINANCE 2006-90, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MOODY’S OF DAYTON, INC., FOR PROFESSIONAL ENGINEERING SERVICES REGARDING CONSTRUCTION AND INSTALLATION OF WELL NO. 7 AT THE DILEY ROAD WELL FIELD,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated Mr. Drobina had briefed on this project earlier and he would ask for two readings this evening. 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. Mr. Hackworth moved to suspend the rules for the purpose of a second reading; Mr. Wisniewski seconded the motion. Roll call was taken with Mrs. Riggs, Mrs. Hammond, Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.” Suspension of Rules passed, 7-0. Second Reading. Mr. Hackworth moved to adopt; Mrs. Riggs 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.
F. ORDINANCE 2006-91, “AN ORDINANCE AMENDING CHAPTERS 1050 AND 1060 OF THE CITY OF PICKERINGTON CODIFIED ORDINANCES ESTABLISHING WATER AND SEWER RATES,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion. Mr. Hackworth stated we need to raise our fees because we cannot maintain solvency without additional funds. He stated there was some confusion with the minimum service charge being increased annually through 2011, as he did not feel that was the recommendation of the Utility Fees Review Committee or the Service Committee. Mr. Hackworth moved to amend the ordinance to remove the statement that the minimum service charge will increase by thirteen percent (13%) annually through 2011; Mr. Wisniewski seconded the motion. Roll call was taken on the motion to amend with Mr. Wisniewski, Mr. Hackworth, Mr. Smith, Mrs. Riggs, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.” Motion to amend passed, 7-0. Mr. Sabatino stated while he agrees the rates must be increased, he does have a concern regarding our senior citizens living on fixed incomes. He stated he does agree with the City Manager that if we had kept pace through the years we would not have to take extreme measures at this time. Mr. Smith stated he agreed with Mr. Sabatino and stated he would like to see the Utility Fees Review Committee look at the 3,000 gallon minimum for sewer. Mr. Hackworth stated the Committee had considered the issue of senior citizens, however, it is very difficult to identify these users. Mr. Hackworth stated the Committee felt that once we get this in place, we will be able to look at the issue and make adjustments where they are necessary. He stated a very small percentage of our customers use 3,000 gallons or less. Mr. Smith stated he agreed with the necessity for the increase, but would like to have the Committee continue to look at the fees and fine tune them. Roll call was taken on the first reading as amended with Mr. Sabatino voting “Nay,” and Mrs. Hammond, Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mr. Smith, and Mr. Hackworth voting “Yea.” Motion passed, 6-1.
G. RESOLUTION 2006-14R, “A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE FAIRFIELD COUNTY BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR, AND DECLARING THE EMERGENCY,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated this was the resolution Mrs. Fersch had briefed on earlier and he would ask for three reading with the emergency this evening in order to meet the filing deadline with the County Auditor. 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. Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion. Roll call was taken with Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Hackworth, Mr. Fix, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Suspension of Rules passed, 7-0. Second Reading. Mr. Hackworth moved to adopt; Mr. Wisniewski 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. Third Reading, with emergency. Mr. Hackworth moved to adopt; Mr. Fix seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. Fix, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.” Motion passed, with emergency, 7-0.
H. ORDINANCE 2006-74, “AN ORDINANCE TO APPROVE THE REZONING OF 6.23+/- ACRES, LOCATED AT 11460, 11438, AND 11390 MILNOR ROAD, FROM R-2 (SINGLE FAMILY RESIDENTIAL) TO R-1 (SINGLE FAMILY RESIDENTIAL) (EBRIGHT PROPERTY),” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated this rezoning was in compliance with the pre-annexation agreement. 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.
I. ORDINANCE
2006-75, “AN ORDINANCE TO APPROVE THE REZONING OF 2.43+/- ACRES, LOCATED AT
11360 MILNOR ROAD, FROM R-2 (SINGLE FAMILY RESIDENTIAL) TO PC-1 (PLANNED
NEIGHBORHOOD COMMERCIAL) (EBRIGHT PROPERTY),” Second Reading,
Hackworth. Mr. Hackworth moved to
adopt; Mrs. Riggs seconded the motion.
Mr. Hackworth stated this was also in compliance with the pre-annexation
agreement. He stated further some
questions were raised by an adjoining property owner regarding some trees that
appeared to be dead and a drainage issue.
Mr. Hackworth stated our engineer and planning and zoning director have
looked into these issues and Mr. Ebright has agreed to remove the trees. He further stated our engineer will monitor
the drainage issue to see if there are any problems we need to address. 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.
J. ORDINANCE 2006-76, “AN ORDINANCE AUTHORIZING THE EXECUTION OF A GUARANTEED MAXIMUM AMOUNT CONSTRUCTION CONTRACT FOR THE EXTENSION OF STONECREEK DRIVE IN THE CITY,” Second Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion. Mr. Wisniewski stated this is the second part of the TIF and limits the payments to be made unless commercial development is built. He further stated the developer is taking the risk in this TIF and it does not affect our schools. Mr. Wisniewski stated he would be asking for the final two readings this evening. 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. Mr. Wisniewski moved to suspend the rules for the purpose of a third reading; Mr. Fix seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Suspension of Rules passed, 7-0. Third Reading. Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion. 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.
K. ORDINANCE 2006-77, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT EXTENDING THE CONTRACT WITH WASTE MANAGEMENT OF OHIO, INC., FOR AN EXCLUSIVE LICENSE FOR RESIDENTIAL GARBAGE AND REFUSE COLLECTION,” Second Reading, Smith. Mr. Smith moved to adopt; Mr. Hackworth seconded the motion. Mr. Smith stated this was a two-year extension on our contract with Waste Management. 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. Mr. Smith moved to suspend the rules for the purpose of a second reading; Mr. Sabatino seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mrs. Hammond, Mr. Smith, Mr. Fix, Mr. Sabatino, and Mrs. Riggs voting “Yea.” Suspension of Rules passed, 7-0. Third Reading. Mr. Smith moved to adopt; Mr. Fix seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.” Motion passed, 7-0.
L. ORDINANCE 2006-78, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ACCEPT FUNDS FROM THE MID-OHIO REGIONAL PLANNING COMMISSION FOR THE DILEY ROAD IMPROVEMENTS PROJECT (FAI-TR 207 – DILEY ROAD, PID NO. 75772),” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Riggs 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.
M. ORDINANCE 2006-79, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION OF THE ORIGINAL AGREEMENT FOR ENGINEERING SERVICES WITH W. E. STILSON CONSULTING GROUP, LLC., FOR ADDITIONAL SCOPE OF SERVICES AND FUNDING REQUEST,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Sabatino seconded the motion. Mr. Hackworth stated this covered additional out of scope of services requested for redesign of some properties on Diley Road. 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.
N. ORDINANCE 2006-80, “AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.124 ACRE, MORE OR LESS, FEE SIMPLE INTEREST FROM KENNETH AND BENITA J. BLAIR LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Smith seconded the motion. Mrs. Hammond stated this was for an easement needed for the Diley Road widening project. 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.
O. ORDINANCE 2006-81, “AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.023 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.023 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM CAROL A. MULHERIN aka CAROL A. SMITH, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Smith seconded the motion. Mrs. Hammond stated this was for an easement needed for the Diley Road widening project. 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.
P. ORDINANCE 2006-82, “AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.069 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.039 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM PATRICK L. AND CAROL M. SMITH, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Smith seconded the motion. Mrs. Hammond stated this was for an easement needed for the Diley Road widening project. 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.
Q. ORDINANCE 2006-83, “AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.028 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM DAVID E. CARR AND DONNA J. CARR, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Smith seconded the motion. Mrs. Hammond stated this was for an easement needed for the Diley Road widening project. 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.
R. ORDINANCE 2006-84, “AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.011 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM DAVID R. MADSEN AND NANCY A. MADSEN, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Smith seconded the motion. Mrs. Hammond stated this was for an easement needed for the Diley Road widening project. 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.
S. ORDINANCE 2006-85, “AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.005 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM LEAH R. JOHNSON, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Smith seconded the motion. Mrs. Hammond stated this was for an easement needed for the Diley Road widening project. 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.
T. ORDINANCE 2006-86, “AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.103 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.054 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM CAROL NOBLE, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Smith seconded the motion. Mrs. Hammond stated this was for an easement needed for the Diley Road widening project. 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.
U. RESOLUTION 2006-11R, “A RESOLUTION TO ADOPT A MULTIPLE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP POLICY FOR THE CITY OF PICKERINGTON,” Second Reading, Fix. Mr. Fix moved to adopt; Mr. Sabatino seconded the motion. Mr. Fix stated this policy clarifies the ability of individuals to serve on more than one Board or Commission for the City. Mr. Wisniewski stated he would like to see the policy also include the clarification that all volunteer positions would be advertised to allow for any City resident to be considered for each appointment. Mr. Fix stated he would have Rules Committee review the policy for a possible amendment. 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.
V. RESOLUTION 2006-12R, “A RESOLUTION OF INTENT TO APPROPRIATE A 0.026 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FOR A TEMPORARY EASEMENT, FROM LEROY S. PERSON, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Mr. Hackworth stated this is property where we have not been able to reach an agreement with the property owner for the easement. Mr. Sabatino stated on any property that might involve eminent domain procedures he had requested a narrative on the negotiations. He stated since he just received that this evening he had not had time to review it and could not therefore support this resolution this evening. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Smith, Mr. Fix, Mrs. Riggs, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 6-1.
W. RESOLUTION 2006-13R, “A RESOLUTION OF INTENT TO APPROPRIATE A 0.069 AND 0.031 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FOR A PERMANENT EASEMENT, FROM JOHN T. AND LACINDA L. DARBY, LOCATED EAST OF DILEY ROAD, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Mr. Hackworth stated this was another possible eminent domain action. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Smith, Mr. Fix, Mrs. Riggs, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 6-1.
9. LEGISLATIVE READINGS:
A. ORDINANCE 2006-46, “AN ORDINANCE RESCINDING ORDINANCE NO. 2001-130 AND ADOPTING A NEW ACCESS MANAGEMENT PLAN,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Smith seconded the motion. Mr. Hackworth stated everyone should have received the new page 13 to insert into the Plan. He stated this Access Management Plan is the result of several months work by Service Committee and staff. Mr. Sabatino stated he had asked Ms Gilleland for some type of document to provide to the property owners that would explain what being identified on this Access Management Plan meant to them. Ms Gilleland stated all new businesses that would be affected are notified about the Access Management Plan. She further stated once it is effective, Mr. Hansley will be letting people know as development occurs that would affect their access. Mr. Sabatino stated he was asking for the creation of a letter to be sent to the property owners so they would have some sort of a record. He stated if they were going to sell their property, they should have some type of document to provide to potential buyers. Mayor Shaver stated this might fall into the category that was discussed at the last meeting of Council members requesting staff to perform certain duties. Mr. Sabatino stated he was not directing staff to do this, he was asking if it could be done. Mrs. Hammond stated from her experience on Planning and Zoning, the property owners are made aware of the Access Management Plan. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Hackworth, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mrs. Riggs voting “Yea.” Motion passed, 6-1.
B. ORDINANCE 2006-67, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONTINUE MEMBERSHIP WITH THE CENTRAL OHIO RISK MANAGEMENT ASSOCIATION FOR THE TIME PERIOD OCTOBER 1, 2006, TO SEPTEMBER 30, 2007,” Third Reading, Fix. Mr. Fix moved to adopt and declare the emergency; Mr. Wisniewski seconded the motion. Mr. Fix stated this is our professional liability, vehicle, and building insurance. He stated as our current policy expires on September 30th, he was requesting it be passed an emergency to prevent a lapse in our coverage. Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mr. Smith, Mr. Hackworth, Mrs. Riggs, and Mrs. Hammond voting “Yea.” Motion passed, with emergency, 7-0.
C. ORDINANCE 2006-72, “AN ORDINANCE AUTHORIZNG THE CITY MANAGER TO ENTER INTO A NEW LEASE AGREEMENT WITH INTER-TEL TECHNOLOGIES, INC., FOR THE LEASE OF A DIGITAL TELEPHONE SYSTEM FOR ITS CITY HALL, BUILDING, SEWER, POLICE, AND STREET DEPARTMENTS,” Third Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion. Mr. Wisniewski stated this will bring the telephone system for all of the City’s buildings under one contract. Roll call was taken with Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mr. Sabatino, Mrs. Hammond, Mrs. Riggs, and Mr. Fix voting “Yea.” Motion passed, 7-0.
10. OTHER BUSINESS: No other business was brought forward.
11. MOTIONS:
A. MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(2), PURCHASE OR SALE OF PUBLIC PROPERTY, and 121.22(G)(3), CONFERENCE WITH THE LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION. Mr. Wisniewski moved for an Executive Session under Sections 121.22(G)(2) and 121.22(G)(3); Mr. Fix seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Motion passed, 7-0.
Council went into Executive Session at 8:55 P.M. and reconvened in open session at 9:30 P.M.
12. ADJOURNMENT. There being nothing further, Mr. Wisniewski moved to adjourn; Mr. Fix seconded the motion. Mrs. Hammond, Mr. Hackworth, Mr. Fix, Mr. Smith, Mrs. Riggs, and Mr. Wisniewski voted “Aye.” Motion carried, 6-0. The meeting adjourned at 9:32 P.M., September 5, 2006.
RESPECTFULLY SUBMITTED:
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ATTEST:
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