PICKERINGTON CITY COUNCIL

TUESDAY, MARCH 6, 2007

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, March 6, 2007, 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, and Mayor Shaver were present.  Mrs. Riggs was absent due to illness.  Others present were: Judy Gilleland, Lynda Yartin, Linda Fersch, Commander Steve Annetts, Phil Hartmann, Rex Myers, Carol Carter, Pastor Jeff Myers, Sean Casey, Rick Palsgrove, Dave Rossman, Bruce Englehardt, Dr. Jennifer Schoenfeld, and others.  Pastor Myers of Prince of Peace Presbyterian Church delivered the invocation. 

 

2.         APPROVAL OF MINUTES OF FEBRUARY 20, 2007, REGULAR MEETING.  Mr. Smith moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Hackworth, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

3.         APPROVAL OF AGENDA.  Mr. Wisniewski moved to approve; Mr. Fix seconded the motion.  Mr. Wisniewski moved to amend the agenda to add Ordinance 2007-10, “An Ordinance providing for the submission to the electorate an amendment to the Charter for the City of Pickerington, adding Section 2.10 entitled, “Preservation of Right to Conform Township Lines to Municipal Limits,” and declaring an emergency; Mr. Smith seconded the motion.  Roll call was taken on the motion to amend with Mr. Wisniewski, Mr. Hackworth, Mrs. Hammond, Mr. Smith, Mr. Fix, and Mr. Sabatino voting “Yea.”  Motion to amend passed, 6-0.  Roll call was taken on the agenda as amended with Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Hackworth, Mrs. Hammond, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.  Mayor Shaver stated this item would be added to the agenda as Item 8.E. 

 

4.         COMMUNITY COMMENTS:  

 

A.        Dave Rossman.  Mr. Rossman stated he would like to know when the next phase of Diley Road will start and block traffic.  Ms Gilleland stated it will be quite some time before traffic is actually blocked, the next phase is utility relocation and that will take place over the next six to nine months.   

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there were two consent agenda items this evening.  Mrs. Yartin read the items as follows:  Resolution 2007-06R, “A 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,” and Resolution 2007-07R, “A 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 Readings, Mr. Smith.  Mr. Smith moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mr. Wisniewski voting “Yea.”  Consent Agenda passed, 6-0. 

 

6.         COMMITTEE REPORTS:   

 

A.        FINANCE COMMITTEE.  Mr. Smith stated Finance Committee met on February 21st, and received a presentation from the Central Ohio Municipal Alliance, and one from  AT&T regarding “Project Light Speed.”  He stated it appears that Pickerington will be the beneficiary of an upgrading of our telephone infrastructure to fiber to the extent that it will be in competition with Insight.  He stated the two items on the consent agenda came out of that Finance meeting and the appropriation ordinance on tonight’s agenda also was approved at that meeting.  Mr. Smith stated the Committee had also received a presentation on the request of a refund or abatement of impact fees for two developments in the City and Finance will continue to evaluate that and make a recommendation to Council.  Mr. Smith stated he would answer any questions.  

 

B.         SAFETY COMMITTEE.  Mr. Sabatino stated Safety Committee met on March 5th, and those minutes have not been distributed.  He stated the Committee discussed some revisions to the peddlers and solicitors regulation and that was continued on the agenda for the next meeting.  He further stated the concerns of some residents regarding an entrance at Lakes Edge Apartments was discussed and that situation appears to have been resolved.  Mr. Sabatino stated he would be happy to answer any questions. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated the Monthly Mayors Court Report had been distributed.  Mayor Shaver presented a proclamation to Dr. Jennifer Schoenfeld in appreciation for her contributions to the City.  He stated Dr. Schoenfeld of AllPets has donated to the City of Pickerington all food and veterinary services for the police dog, Zar. 

 

Mayor Shaver stated prior to the law director’s report, Mrs. Yartin had a report for council.  Mrs. Yartin stated petitions for a proposed Charter amendment were received in her office on February 27th, were hand-carried to the Board of Elections for signature verification, and they were received back today.  Mrs. Yartin stated the number of signatures required for this issue is ten percent of the number of electors who voted in the last municipal election, and as that number is 4,048, 405 valid signatures were necessary.  Mrs. Yartin stated of the 908 signatures on the petition, 805 were valid with 64 being deemed not genuine, 38 were not registered voters, and one was not registered at the address provide.  Mrs. Yartin stated further Council had just amended tonight’s agenda to add legislation on this item.  

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he had prepared a memorandum for Council on the Charter amendment procedures and it was included in their last packet.  He stated Council’s role tonight is limited to determining whether the form of the petition is proper and the required number of valid signatures is contained in the petition.  Mr. Hartmann stated as Mrs. Yartin had reported, the required number of signatures has been met, and he has reviewed the form of the petition and it is correct.  Mr. Hartmann stated the legislation is written with emergency language as there is a 60-120 day window prior to the next election to put this on the ballot, and March 9th is the 60th day before the May election.  Mayor Shaver stated he understood if this was not passed by emergency and put on the May ballot, the City would be obligated to pay for a special election.  Mr. Hartmann stated that was correct, and since the school district has an item on the May ballot, the cost of the election could be split between the school and the city. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she would request three readings this evening on the appropriation ordinance so she can get those items taken care of.  She stated with regard to the referendum that was filed, she has sent a letter to the petition committee stating that there were sufficient signatures, the requirement was for 595 and there were 854 valid signatures.  She stated further, the law director found no legal insufficiencies, and, therefore, this will be forwarded to the Board of Elections to be placed on the November 2007 ballot.   

 

D.        SERVICE MANAGER.  Ms Gilleland stated Mr. Drobina had no report this evening. 

 

E.         MANAGER.  Ms Gilleland stated Council retreat is scheduled for this coming Saturday at the Pickerington Library at 8:30 A.M.  She stated on March 14th, a joint work session with the Planning and Zoning Commission and Council is scheduled so our consultant can lead discussion on the Diley Road Corridor Plan and the Commercial Design Guidelines.  Ms Gilleland stated the emergency preemption devices have been installed on the traffic signals on S.R. 256, to allow the emergency response vehicles to respond in a more timely manner. 

 

F.         MUNICIPAL CLERK.  Mayor Shaver stated this had been covered earlier in the meeting. 

 

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 2007-09, “AN ORDINANCE AMENDING THE 2007 APPROPRIATION, ORDINANCE 2007-164,” First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated this is the appropriation ordinance Mrs. Fersch had referenced.  Mr. Sabatino clarified that in order to ensure that all of the charges for the Diley Road project were easily identified; the money for the demolition of some houses on Diley Road will be funded by the General Fund.  Mrs. Fersch stated that was correct.  She further stated this was originally included in the Street Fund appropriation, and, therefore, the reference to demolition of property should be deleted from that fund.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mr. Smith moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Hammond, Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

            C.        RESOLUTION 2007-06R, “A 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, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.  (CONSENT AGENDA ITEM)

 

            D.        RESOLUTION 2007-07R, “A 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, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.  (CONSENT AGENDA ITEM)

 

            E.         ORDINANCE 2007-10, “AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORATE AN AMENDMENT TO THE CHARTER FOR THE CITY OF PICKERINGTON, ADDING SECTION 2.10, ENTITLED “PRESERVATION OF RIGHT TO CONFORM TOWNSHIP LINES TO MUNICIPAL LINES AND DECLARING AN EMERGENCY,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Sabatino seconded the motion.  Mr. Wisniewski stated this is a citizen-enacted initiative to change the charter to, basically, remove the rights from council.  He stated it does not remove the rights of the citizens to perform these actions, it just limits council to a certain extent.  Roll call was taken with Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Smith voting “Yea.”  Motion passed, 6-0.  Mr. Wisniewski 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. Smith, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading, with emergency.  Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Smith, Mr. Fix, Mr. Sabatino, Mr. Wisniewski, and Mrs. Hammond voting “Yea.”  Motion passed, with emergency, 6-0. 

 

9.         LEGISLATIVE READINGS:

 

            A.        ORDINANCE 2007-06, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NEPTUNE EQUIPMENT COMPANY,” Third Reading, Hammond.    Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

            B.         ORDINANCE 2007-08, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE BID OF BUCKEYE STATE LAWN SERVICES FOR CONTRACT MOWING SERVICES IN 2007,” Third Reading, Riggs.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

10.       OTHER BUSINESS:  No other business was brought forward. 

 

11.       MOTIONS:  Mr. Sabatino stated he would like to make a motion to discuss the upcoming Council Retreat scheduled for Saturday; Mr. Wisniewski seconded the motion.  Mr. Sabatino stated the retreat is scheduled to be held at the Pickerington Library, it is not going to be recorded, and there is not much room at the Library to accommodate any citizens if they wish to come.  He stated he would like to suggest the location be changed to Council chambers where there is the ability to record as well as accommodate anyone who would like to come and be a part of the democratic process.  Mayor Shaver stated there would be no votes taken at a retreat and no specific agenda items.  Mr. Sabatino stated he believed there were agenda items as the City Manager worked with Mr. Smith, the Mayor, and the facilitator to create an agenda.  Mayor Shaver stated there are no agenda items for legislation, there is no legislation pending before it, however, he would defer to Council members if they would like to have the retreat recorded.  Mr. Sabatino stated this is what he construed as a public meeting.  Mr. Hartmann stated it would be a public meeting of Council and there would be a requirement that there be enough room for people to attend, however, it sounded like there was enough space at the Library.  Mr. Sabatino stated he would dispute that.  Mr. Wisniewski inquired if there were any requirements to record the retreat and Mr. Hartmann stated there was a requirement to keep minutes, not necessarily a recording.  Mr. Sabatino stated the last retreat lasted for five hours and the minutes consisted of six sentences.  He stated that could not possibly reflect what was discussed.  Mr. Wisniewski stated a lot of the time at the last retreat was devoted to presentations from the facilitator, and he thought would be the same this time.  Mr. Fix stated he felt the last retreat was one of the most productive sessions this Council has had, anyone from the press or the public can attend, and at the last retreat one member of the press came for half of the session.  Mr. Fix stated this was an opportunity for Council to get together and talk about the future of the City, not move on any legislation, not lay out any specific plans.  Mr. Smith stated the purpose of a retreat was to offer the opportunity for Council to meet in a more informal setting to discuss things in a more relaxed atmosphere.  Mr. Smith stated he was comfortable with the retreat being held at the Library and Mr. Fix stated he concurred as well.  Mr. Sabatino inquired how minutes could be taken without a recording, and Mr. Hartmann stated there is only a requirement that you have someone present that is willing to keep minutes that will be voted on at the next Council meeting.  Mr. Smith stated he trusted the City Manager to take adequate notes to meet the requirements for preparing minutes.  Mr. Sabatino stated he disagreed, particularly since the Manager would be part of the discussion, and he did not feel the minutes last time adequately reflected what was discussed.  He stated the public has the right to know what is being discussed, it is their future that would be planned, and he was not comfortable in that environment.  He stated if there would not be an adequate record available to the public, then he questioned whether it would be of value to him or that he would want to participate in such a meeting.  Mr. Smith stated anything that came out of the retreat would be referred to the appropriate Committee of Council to be looked at and investigated in the open and in accordance with Council rules.  Mr. Wisniewski stated Mr. Sabatino also has the ability to move to amend the minutes to reflect something that he felt was not covered.  Ms Gilleland stated if Mr. Sabatino wanted more than basic notes on the meeting she would request the Municipal Clerk attend to take minutes.  Mr. Sabatino stated the problem would be that there would be no recording to support something that was questioned in the minutes.  Mayor Shaver stated he felt the purpose of a retreat was to allow informal discussion.  Mayor Shaver stated technically what was before Council was a motion to discuss, and Council has discussed this.  Mr. Sabatino stated that was what he had asked for and that is what he expected.  Mayor Shaver stated if Mr. Sabatino would like to record the meeting he could bring a recorder to the meeting. 

 

12.       ADJOURNMENT.  There being nothing further, Mr. Fix moved to adjourn; Mr. Smith seconded the motion.  Mr. Fix, Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, and Mr. Sabatino voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 8:12 P.M., March 6, 2007. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

 

_______________________________

David Shaver, Mayor