PICKERINGTON CITY COUNCIL

TUESDAY, JULY 17, 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, July 17, 2007, at City Hall.  Mr. Smith 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 Mrs. Riggs were present.  Mayor Shaver was absent due to a family commitment.  Others present were: Judy Gilleland, Lynda Yartin, Linda Fersch, Phil Hartmann, Ed Drobina, Tim Hansley, Commander Steve Annetts, Rex Myer, Sean Casey, Rachel Scofeld, Carol Carter, David Owen, Pastor Tim Kuenzli, Jennifer Frommer, Harry Myer, and others.  Pastor Kuenzli delivered the invocation. 

 

2.         APPROVAL OF MINUTES OF JUNE 19, 2007, REGULAR MEETING.  Mr. Fix moved to approve; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Wisniewski abstaining, and Mr. Sabatino, Mrs. Hammond, Mr. Smith, Mr. Hackworth, Mr. Fix, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

3.         APPROVAL OF AGENDA.  Mrs. Riggs 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. 

 

4.         COMMUNITY COMMENTS: 

 

A.        Carol Carter.  Ms Carter stated she had been reading about the proposed changes to the Administrative Code that Council was considering.  She stated it appeared Council wants to change the number of days these meetings are held, and it is hard enough for residents to keep track of what is going on and hard enough to get legislation passed meeting twice a month.  She stated by having only one meeting it would be really hard for the community to keep up on what is happening.  She stated she further understood that it was being proposed to stop posting the information, especially at City Hall, and move to the internet.  She stated that was fine with her, but she felt the Ohio Revised Code required publishing in a newspaper or posting in five other places.  She stated she did not feel it allowed you to remove both and just put it on the internet, and not everyone has access to the internet.  She stated Council is charged with guiding the community, but do that with advice from the community.  Ms Carter stated it appeared to her that Council was trying to cut the residents off instead of hearing from them more often. 

 

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

 

6.         COMMITTEE REPORTS:   

 

A.        SERVICE COMMITTEE.  Mrs. Hammond stated Service Committee met last night and there are no items from that meeting on tonight’s agenda.  She stated Service did approve a rezoning and final development plan for property on Hill Road and a public hearing for that has been scheduled for September 4, 2007.     

 

B.         FINANCE COMMITTEE.  Mr. Smith stated Finance Committee met on June 21, 2007, and several items from that meeting are on tonight’s agenda, including an appropriation ordinance and several note renewals. 

 

C.        SAFETY COMMITTEE.  Mr. Sabatino stated Safety met on Monday, July 9th.  He stated there were no agenda items on this evening’s agenda from that meeting. 

 

D.        RULES COMMITTEE.  Mr. Fix stated Rules Committee met on July 11th and the primary issue discussed was forgiving impact fees to certain developers as they brought businesses into the City.  He stated that legislation is on tonight’s agenda.  Mr. Fix stated further the legislation proposed for the revisions to the Administrative Code is also on tonight’s agenda and since Council did not complete their review during the work session earlier this evening, he would be requesting that item be tabled this evening.  Mr. Fix stated to address the concerns of Ms Carter; the recommendation was not to eliminate the second Council meeting of the month, but to allow for flexibility in those meetings.  He stated it was not being proposed that Council meet only once a month.  He further stated our posting requirements would not be changing, it was just being proposed that information would also be put on the internet.    

 

7.         REPORTS:

 

A.        MAYOR.  Mr. Smith stated the Monthly Mayor’s Court Report had been distributed.     

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he had provided all Council members with a copy of the Ohio Municipal League’s Municipal Charter and Source Book.  He stated with regard to Ordinance 2007-36, this is an easement that was provided to the City on the Zane property, and that easement is no longer needed by the City.  Mr. Hartmann stated this legislation will release the easement and give it back to the property owners.  Mr. Wisniewski stated Ordinance 2006-73 has been on the Table for almost a year and he questioned what we are going to do with that item.  Mr. Hartmann stated that would be a Council decision.  Mr. Wisniewski stated Council has done nothing for a year and now we would be opening ourselves up to a lawsuit because we never moved on this.  He stated no matter how Council feels about this issue, we do have pre-annexation agreements.  Ms Gilleland stated, as Council is aware she made several attempts to contact one of the property owners and he has since passed away.  She stated she has made contact with his heirs, but they are not in any position right now to make any decision regarding this.  Mr. Fix stated if this ordinance falls off the table, the pre-annexation agreement will continue and it can be reintroduced later on.  Mr. Hartmann stated from a procedural standpoint it can be brought up at any time.  He stated if Council would like to speak about specifics relating to litigation he would suggest an executive session.  Mr. Smith stated an executive session was necessary later in the meeting, and this issue can be discussed at that time. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she would be requesting three readings on the appropriation ordinance this evening so she can take care of some items contained in it.  She stated further there are four note renewal ordinances on tonight’s agenda and since we did not meet in the first part of July due to the holiday, and in order to keep those on track she would request at least two readings this evening.  Mr. Wisniewski clarified that the Board of Health condemned the one house and questioned why the City would be paying for tearing it down.  Mrs. Fersch stated our Code Enforcement Officer is working with legal counsel on this, and the only job of the Board of Health was to condemn it.  Mr. Wisniewski further clarified that we will not own the land and Mr. Sabatino clarified that we will put an assessment on the property for the cost of demolition.  Ms Gilleland stated this was discussed at Finance Committee and they recommended the City to go ahead and fund the demolition.      

 

D.        SERVICE MANAGER.  Mr. Drobina stated he had no report this evening but would answer any questions. 

 

E.         MANAGER.  Ms Gilleland stated she would like to remind everyone that the Violet Festival will begin next Wednesday and the parade will be Friday evening at 7:00 P.M.  Ms Gilleland stated she would like to thank the many volunteers who have worked to make this a quality event for our community. Ms Gilleland stated she would request Mr. Hansley provide a short report regarding Ordinance 2007-45 regarding impact fees.  Mr. Hansley stated Rules Committee had addressed Council’s concerns on how the City should waive or partially exempt certain fees.  He stated staff had recommended a process by which everyone would be treated equally and Rules Committee had modified it to add the words that the intent is not to waive fees for retail or residential development.  He stated any commercial development must meet the three-pronged task of job creation, payroll, and an 18-month payback period.  Mr. Hansley further stated the language at the front of the ordinance regarding an old recreation fee ordinance was removed because the end of that section just stated that it did not apply to commercial developments that paid an impact fee.  He stated he would answer any questions.  Mr. Wisniewski stated the exemption is strictly based on their word as to how many employees they would have, etc.  Mr. Hansley stated Rules Committee had that same discussion, and there has to be sufficient evidence to convince staff and Finance Committee to send it before Council for a decision.  Mr. Fix stated Rules Committee had discussed this and determined that the only situation where Council would have no data at all would be if a new business were to start up in Pickerington and projected 40 employees or more or a one million dollar payroll.  Mr. Fix stated there are not many businesses that start up that large.  Mrs. Riggs stated she had raised the concern in Rules Committee that our application process should drive what is required of the applicant and what data we should require them to supply so Council can evaluate the request.  Mr. Wisniewski clarified that the City can determine not to grant waivers to residential or retail.  Mr. Wisniewski stated further the City must pay back any amount that would be forgiven on an exemption.  Mr. Hansley stated the one exception to that would be a governmental waiver.  He stated if you grant the exemption for another governmental entity you do not have to pay it back out of income tax dollars, you just waive it.  He stated for all other exemptions it specifically states it comes out of the income tax fund.  Mr. Fix stated this is not an automatic thing, but when asked by a developer what we can do to help them locate a business in the City this is something that we have to offer.  Mr. Fix stated Rules Committee did have a discussion regarding the wording on page 29, item (4)B.  He stated Rules Committee had determined the last word in that sentence should be “may” instead of “shall.”  Mr. Hansley stated he felt that word should remain “shall.”  Mr. Fix stated this was a significant point to him as he felt is forced Council to do something rather than suggest they can do it.   Mr. Sabatino stated he was under the impression that this legislation would go to Finance before it went to Council. 

 

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 2007-36, “AN ORDINANCE APPROVING THE RELEASE OF EASEMENT FROM B&K ENTERPRISES,” First Reading, Fix.  Mr. Fix moved to adopt; Mrs. Riggs seconded the motion.  Mr. Fix stated this is the legislation Mr. Hartmann had briefed on earlier.  Mr. Hackworth stated he had some comments from the Cherry Hill subdivision and stated he had questioned if we would have any issues with the traffic flow.  He stated this was a second entrance into Cherry Hill.  Mr. Hansley stated this was at the request of the applicant and this easement was for a water line and other utilities.  Mr. Hackworth questioned if we could still extend Black Cherry Drive in the future if there was a need.  Mr. Sabatino stated he understood when the Thoroughfare Plan was adopted that Black Cherry would not be extended.  Ms Gilleland stated that was correct, the decision was made not to extend Black Cherry Drive to S.R. 256.  Mr. Hartmann stated this easement is specifically limited to utility usage.  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 2007-39, “AN ORDINANCE AMENDING THE 2007 APPROPRIATION, ORDINANCE 2006-164,” First Reading, Smith.  Mr. Smith moved to adopt; Mrs. Riggs seconded the motion.  Mr. Sabatino stated with regard to the appropriation regarding the engineering on the sewer plant, he felt that at some point in time there was an anticipation of the engineering to be approximately half of what it is.  Ms Gilleland stated half of the consulting fees were budgeted for this year and half for 2008, so the estimated amount was originally $800,000.  Mr. Sabatino stated that was probably an outcome of what we paid for the plans that we bought and paid for before.  Ms Gilleland stated she did not recall how we arrived at the estimate, but she felt it was a good estimate.  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. Smith moved to suspend the rules for the purpose of three readings; Mr. Fix 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. Smith moved to adopt; Mrs. Riggs 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. Smith moved to adopt; Mrs. Riggs 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 2007-40, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $393,000 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING (I) STREET IMPROVEMENTS ON HILL ROAD AND BLACKLICK-EASTERN ROAD, INCLUDING WIDENING STREETS, CONSTRUCTING SIDEWALKS, CURBS AND GUTTERS AND INSTALLING TRAFFIC CONTROL DEVICES, AND (II) STREET IMPROVEMENTS KNOWN AS THE HILL ROAD CONNECTOR, INCLUDING CONSTRUCTING STREETS, SIDEWALKS, CURBS AND GUTTERS,” First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  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. Smith moved to suspend the rules for the purpose of a second reading; Mrs. Riggs 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. Smith moved to adopt; Mr. Fix 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.  

 

            E.         ORDINANCE 2007-41, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $2,200,000 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING STREET IMPROVEMENTS IN THE WINDMILLER/DILEY AREAS, INCLUDING CONSTRUCTING WIDENING AND TURN LANE IMPROVEMENTS FOR STATE ROUTE 256 TO ESTABLISH AN EXIT POINT FOR THE REALIGNMENT OF DILEY ROAD,” First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  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. Smith moved to suspend the rules for the purpose of a second reading; Mrs. Riggs 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. Smith moved to adopt; Mr. Fix 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 2007-42, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $218,750 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING STREET AND TRAFFIC SIGNAL IMPROVEMENTS IN THE STATE ROUTE 256/STONECREEK DRIVE AREA,” First Reading, Smith.  Mr. Smith moved to adopt; Mrs. Riggs seconded the motion.  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.  Mr. Smith moved to suspend the rules for the purpose of a second reading; Mr. Fix 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. Smith moved to adopt; Mr. Fix 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. 

 

            G.        ORDINANCE 2007-43, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $445,000 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING STREET IMPROVEMENTS IN THE CYCLE WAY AREA ,” First Reading, Smith.  Mr. Smith moved to adopt; Mrs. Riggs seconded the motion.  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. Smith moved to suspend the rules for the purpose of a second reading; Mrs. Riggs 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. Smith 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. 

 

            H.        ORDINANCE 2007-44, “AN ORDINANCE AMENDING PART TWO OF THE CODIFIED ORDINANCES OF PICKERINGTON, THE ADMINISTRATION CODE:  TITLES TWO (CHAPTERS 202-208), TITLE FOUR (CHAPTERS 220-222), TITLE SIX (CHAPTERS 230-250), AND TITLE EIGHT (CHAPTERS 268-280),” First Reading, Fix.  Mr. Fix moved to Table; Mr. Sabatino 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.”  Motion passed, 7-0.  (TABLED.) 

 

            I.          ORDINANCE 2007-45, “AN ORDINANCE AMENDING SECTION 274.02 AND ADOPTING IMPACT FEE AMOUNTS AND THE PROCEDURES FOR THE IMPOSITION, CALCULATION, COLLECTION, EXPENDITURE, AND ADMINISTRATION OF IMPACT FEES TO BE IMPOSED ON NEW DEVELOPMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Fix seconded the motion.  Mrs. Riggs stated Mr. Hansley had explained the major changes earlier and she felt this establishes a process for waiving impact fees.  Mr. Sabatino stated he would not be able to support this ordinance until he had more time to thoroughly evaluate it.  Mr. Fix stated as discussed earlier, the last word in the sentence on page 29, item (4)B should read “may” in lieu of “shall.”  Mr. Fix moved to amend the language in that sentence to read “conduct a public hearing at which the applicant may explain the elements of their application and present any further information that may assist in City Council’s review, and may…” Mrs. Riggs seconded the motion to amend.  Mr. Fix stated his only point in making this amendment is because it is his opinion that councils that may come in the future would not be forced to take an action that may put them in a bad position, and by changing this one word it would give them an out.  Mrs. Riggs stated she would like to know the law director’s opinion on the proposed word change.  Mr. Hartmann stated what Mr. Fix is trying to do is provide a flexible framework for Council to review these types of exemptions or waivers instead of having a developer come in a figure out to get items (1), (2), and (3), under C done, but still get something else out of the City.  He stated this would provide Council a way out if there is something that has not been contemplated.  Mr. Wisniewski stated then, with changing the word from shall to may, it would allow, for example, if the City agreed to an income tax exemption in lieu of this, we would not have to grant this even if they met the criteria.  Mr. Hartmann stated that was correct, it would provide Council with flexibility.  Mr. Fix stated his concern was if we did not allow for the flexibility, someone could threaten to sue the City because the wording says if the applicant meets the parameters the City “shall” grant the exemption, and even if they were given other incentives, they could demand the impact fees be waived.  Mr. Hartmann stated this can always be changed in the future, but using the word “may” would give Council a little more leeway.  Mrs. Riggs stated she felt the Mayor’s concern was that we have clear criteria that would be applied equitably.  Mr. Sabatino stated if this is changed you would have the possibility of rather than clearly defined parameters, you have the subjectivity that he thought the Mayor was having an issue with.  Mr. Fix stated he felt the Mayor’s concern was with the wide-open generalities where it was handled on a case-by-case basis with no criteria whatsoever.  Mr. Fix stated he felt the idea behind this legislation was to put forward criteria, and not to force Council to do anything other than understand the criteria and review the application and go through the application process.  He stated his concern was if this legislation is adopted as it is, it forces Council’s hand.  Roll call was taken on the motion to amend with Mr. Sabatino voting “Nay,” and Mrs. Hammond, Mr. Smith, Mr. Hackworth, Mr. Fix, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion to amend passed, 6-1.  Mrs. Riggs clarified that Mr. Hartmann had reviewed the ordinance and he did feel it provided the guidance Council was looking for.  Mr. Wisniewski clarified the fees can be changed administratively each year as necessary.  Roll call was taken on the ordinance as amended with Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Hackworth, and Mr. Fix voting “Yea.”  Motion passed, as amended, 7-0. 

 

            J.          ORDINANCE 2007-31 (AS AMENDED), “AN ORDINANCE COMBINING ALL FEES CHARGED BY THE CITY OF PICKERINGTON INTO ONE COMPLETE FEE SCHEDULE FOR THE CITY OF PICKERINGTON,” Second Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, Mr. Wisniewski, Mr. Fix, and Mr. Hackworth voting “Yea.”  Motion passed, 7-0. 

 

9.         LEGISLATIVE READINGS:

 

            A.        ORDINANCE 2007-30, “AN ORDINANCE REZONING 0.709 ACRES, MORE OR LESS, LOCATED AT 490 HILL ROAD, NORTH, FROM R-6 (RESIDENTIAL) TO C-3 (COMMUNITY COMMERCIAL),” Third Reading, Fix.  Mr. Fix moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Fix, Mr. Hackworth, Mrs. Riggs, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 7-0. 

 

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

 

11.       MOTIONS:     Mr. Smith moved for Executive Session under Section 121.22(G)(3), Conference with law director regarding pending or imminent court action;  Mrs. Riggs 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. 

 

Council adjourned into Executive Session at 8:45 P.M., and reconvened in open session at 9:23 P.M.

 

12.       ADJOURNMENT.  There being nothing further, Mr. Fix moved to adjourn; Mrs. Riggs seconded the motion.  Mrs. Riggs, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 9:24 P.M., July 17, 2007. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

 

_______________________________

Keith Smith, President Pro Tempore