PICKERINGTON CITY COUNCIL
TUESDAY, SEPTEMBER 18, 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, September 18, 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, Mrs. Riggs, and Mayor Shaver were
present. No members were absent. Others present were: Judy Gilleland, Lynda
Yartin, Linda Fersch, Chief Mike Taylor, Danny Mahaffey, Phil Hartmann, Tim
Hansley, Lance Schultz, Chris Schornack, Randy Navaroli, Jim Woods, Lynn
Boetcher, Tony Barletta, Dan Heitmeyer, Rachel Scofeld, David Owen, Carol
Carter, Bruce Englehart, Pastor April Thoms, Harry Myer, and others. Pastor Thoms delivered the invocation.
2. A. APPROVAL OF MINUTES OF SEPTEMBER 4,
2007, PUBLIC HEARING REGARDING REZONING AND FINAL DEVELOPMENT PLAN FOR 8.76
ACRES AT 376 HILL ROAD SOUTH. Mr. Fix
moved to approve; Mrs. Riggs 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 SEPTEMBER 4, 2007, REGULAR MEETING. Mr. smith 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.
C. APPROVAL
OF MINUTES OF SEPTEMBER 5, 2007, WORK SESSION.
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.
3. APPROVAL OF
AGENDA. 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, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 7-0.
4. COMMUNITY
COMMENTS:
A. Tony
Barletta, 671 Montmorency Drive. Mr.
Barletta stated tonight’s agenda includes legislation to execute an annexation
agreement with Violet Township. He
stated the City would annex this property and agree to share some portion of
the income tax revenue with Violet Township, and this may set the tone for
future cooperative agreements going forward.
Mr. Barletta stated he had only one comment on the whole process and
that is that the spirit of cooperation may have been lacking in the very
beginning when City residents went to the Township to talk about the spot
zoning of the development in a residential area. He stated he did not feel there was any
cooperation there. Mr. Barletta
continued that the bottom line is this is the type of development that
Pickerington needs, which is not more houses but businesses that the potential
to generate tax revenue and help our schools.
Mayor Shaver stated it is anticipated that legislation will remain
on the Table this evening so one last detail can be worked out between the
Township and the City.
5. APPROVAL OF
CONSENT AGENDA: Mayor Shaver stated
there were no consent agenda items this evening.
6. COMMITTEE
REPORTS:
A. SAFETY
COMMITTEE. Mr. Sabatino stated Safety
Committee had one piece of legislation on the agenda this evening and that
deals with code enforcement. Mr.
Sabatino stated further the Safety Committee had also discussed a “Clean Up
Day” for the City.
7. REPORTS:
A. MAYOR. Mayor Shaver stated he hoped the annexation
agreement with the Township would be ready to pass at the next Council
meeting. He stated the City is also
working in a cooperative fashion, not only with Violet Township, but with Canal
Winchester, the City of Lancaster, and Bloom Township to come up with a joint
economic development agreement that will put everyone on the same page for
revenue sharing in the Route 33 corridor.
Mayor Shaver stated the Monthly Mayor’s Court Report had been
distributed. Mayor Shaver administered
the Oath of Office to Mr. Lynn Boetcher as a member of the Parks and Recreation
Board, and read a proclamation for the Daughters of the American
Revolution.
B. LAW
DIRECTOR. Mr. Hartmann stated he had
nothing to report at this time.
C. FINANCE
DIRECTOR. Mrs. Fersch stated she had two
items on tonight’s agenda. She stated
the first item was for our membership with the Central Ohio Risk Management
Association for our professional liability and general liability and casualty insurance. Mrs. Fersch stated she would appreciate three
readings with emergency this evening as our current policy expires on September
30, 2007. Mrs. Fersch stated the second
item is for the second reading on the premium only for health care benefits that
allows employees health care contributions to be pre-taxed.
D. SERVICE
MANAGER. Ms Gilleland stated Mr. Drobina
was attending a conference and he had no report this evening.
E. MANAGER. Ms Gilleland stated Mr. Mahaffey, our Code
Enforcement Officer, is present this evening to address the legislation on
tonight’s agenda that gives us an expedited process for weed cutting. Mr. Mahaffey stated this legislation will
allow him to get these violations taken care of much more quickly than the
current process. Mr. Fix clarified that
Mr. Mahaffey receives approximately one complaint a week on this. Mr. Mahaffey stated when homes are not
occupied; realtors will sometimes take care of keeping the grass cut. Mr. Fix further clarified that the City has
spent approximately $6,000 to $7,000 so far this year contracting to have these
lawns mowed. Mr. Mahaffey stated when
the City does have the cutting done, the property owner is billed for it and if
the City does not receive payment it is put on their taxes.
8. PROCEDURAL READINGS:
A. ORDINANCE 2007-44, “AN ORDINANCE AMENDING PART TWO OF THE CODIFIED ORDINANCES OF PICKERINGTON, THE ADMINISTRATION CODE; TITLE TWO (CHAPTERS 202-208), TITLE FOUR (CHAPTERS 220-222), TITLE SIX (CHAPTERS 230-250), AND TITLE EIGHT (CHAPTERS 268-280),” First Reading, Fix. (TABLED, 07/17/07)
B. ORDINANCE 2007-59, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONTINUE MEMBERSHIP WITH THE CENTRAL OHIO RISK MANAGEMENT ASSOCIATION FOR THE TIME PERIOD OCTOBER 1, 2007, TO SEPTEMBER 30, 2008, AND DECLARING THE EMERGENCY,” First Reading, Smith. Mr. Smith moved to adopt; Mr. Fix seconded the motion. Mr. Smith stated as Mrs. Fersch had briefed earlier, he would be requesting three readings this evening and declaring the emergency. He stated we just received the information regarding the membership fee and that is the reason for the emergency. 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 three readings; Mr. Fix 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. Third Reading, with emergency. Mr. Smith moved to adopt; Mr. Fix seconded the motion. 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 2007-62, “AN ORDINANCE AMENDING SECTION 680.02 OF THE PICKERINGTON CODIFIED ORDINANCES,” First Reading, Sabatino. Mr. Sabatino moved to adopt; Mrs. Riggs seconded the motion. Mr. Sabatino stated as Mr. Mahaffey had briefed earlier this will allow us to respond in a timelier manner to take care of weeds when they need to be. 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.
D. ORDINANCE 2007-53, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPLY FOR WATER POLLUTION CONTROL LOAN FUNDS (WPCLF) FOR THE WASTEWATER TREATMENT PLANT EXPANSION PROJECT,” Second Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion. Mrs. Hammond stated as the title indicates this will authorize the application for Water Pollution Control Loan Funds and she would be happy to answer any questions. 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.
E. ORDINANCE 2007-54, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO MODIFY THE CITY’S PUBLIC IMPROVEMENTS PROCUREMENT OF PROFESSIONAL DESIGN SERVICES,” Second Reading, Fix. Mr. Fix moved to adopt; Mr. Hackworth seconded the motion. Mr. Fix stated a certain law currently prohibits us from asking engineering firms to provide financial information or bids when they provide us with their qualifications. He stated by passing this we will be able to ask for them to provide financial bids and we will be able to consider that in hiring them in the future. 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.
F. ORDINANCE 2007-55, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PERRAM ELECTRIC, INC., FOR THE PROJECT ENTITLED ‘PICKERINGTON SIGNAL IMPROVEMENTS ACS LITE, PHASE I,’” Second Reading, Fix. Mr. Fix moved to adopt; Mr. Hackworth seconded the motion. Mr. Fix stated Perram Electric was the low bidder on our contract to improve or traffic signals along S.R. 256 and Refugee Roads. 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.
G. ORDINANCE 2007-56, “AN ORDINANCE APPROVING THE FINAL DEVELOPMENT PLAN AND THE REZONING OF 8.76 ACRES, MORE OR LESS, LOCATED AT 376 HILL ROAD SOUTH, FROM AG (RURAL DISTRICT) TO PC-2 (PLANNED CENTRAL BUSINESS/MIXED USE DISTRICT),” Second Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion. Mrs. Hammond stated a public hearing was held on this issue two weeks ago and the property is scheduled to be used for a number of different things, one of which is a spa. 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 2007-58, “AN ORDINANCE AUTHORIZING A PREMIUM ONLY PLAN FOR HEALTH CARE BENEFITS,” Second Reading, Smith. Mr. Smith moved to adopt; Mr. Fix seconded the motion. Mr. Smith stated this will allow City employees to pay their health care premiums with pre-tax dollars. 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.
I. ORDINANCE 2007-60, “AN ORDINANCE AUTHORIZING EMPLOYEES OF THE CITY OF PICKERINGTON, OHIO, TO SERVE AS JUDGES OF ELECTIONS ON THE DAYS OF ELECTIONS HELD IN FAIRFIELD COUNTY, OHIO,” Second Reading, Fix. Mr. Fix moved to adopt; Mr. Smith seconded the motion. Mr. Fix stated when we initiated this ordinance it was with the understanding that County offices and other City offices within Fairfield County were going to, or had already, passed similar legislation. He stated since this ordinance was introduced, we have learned that no other County or City offices were going to pass this legislation. Mr. Fix stated he would encourage his fellow council members to vote against this legislation at this time and if there are other opportunities to work with the Board of Elections to get more poll workers, then it can be introduced at a future time. Roll call was taken with Mrs. Riggs, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Nay.” Motion failed, 0-7.
J. RESOLUTION 2007-14R, “A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO APPLY FOR THE 2007-2008 SCHOOL YEAR DRUG ABUSE RESISTANCE EDUCATION (DARE) LAW ENFORCEMENT GRANTS PROGRAM,” Second Reading, Fix. Mr. Fix moved to adopt; Mr. Smith 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.
9. LEGISLATIVE READINGS:
A. ORDINANCE 2007-46, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A SECOND EXTENSION OF THE CITY’S CONTRACT WITH SYNAGRO CENTRAL, LLC, FOR BIOSOLIDS MANAGEMENT SERVICES,” Third Reading, Fix. (TABLED, 09-04-07)
B. ORDINANCE 2007-48, “AN ORDINANCE GRANTING A CREDIT FOR FEES PREVIOUSLY PAID UNDER THE AUTHORITY OF THE IMPACT FEE ORDINANCE BY THE WINDMILLER SQUARE OFFICE CONDOMINIUMS PROJECT AND ESTABLISHING A SCHEDULE FOR AN ADDITIONAL CREDIT BASED ON THE DETERMINATION OF THE PICKERINGTON CITY COUNCIL THAT THE PROJECT WAS SUSTANTIALLY UNDERWAY PRIOR TO THE EFFECTIVE DATE OF THE LEGISLATION AND THAT THE FUTURE DEVELOPMENT OF THE SITE MAY CREATE AN EXTRAORDINARY ECONOMIC IMPACT AND/OR EMPLOYMENT GROWTH,” Third Reading, Smith. (TABLED, 09-04-07)
C. ORDINANCE 2007-49, “AN ORDINANCE GRANTING A CREDIT FOR FEES PREVIOUSLY PAID UNDER THE AUTHORITY OF THE IMPACT FEE ORDINANCE BY BARNYARD PRIMITIVES, INC., BASED ON THE DETERMINATION OF THE PICKERINGTON CITY COUNCIL THAT THE PROJECT WAS SUBSTANTIALLY UNDERWAY PRIOR TO THE EFFECTIVE DATE OF THE LEGISLATION AND THAT THEY CONSTRUCTED IMPROVEMENTS TO THE STORMWATER SYSTEM THAT PROVIDE A PUBLIC BENEFIT,” Third Reading, Smith. (TABLED, 09-04-07)
D. ORDINANCE 2007-51 (AS AMENDED), “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANNEXATION AGREEMENT WITH VIOLET TOWNSHIP,” Third Reading, Smith. (TABLED, 09-04-07)
10. OTHER BUSINESS: Mayor Shaver stated we will be having a Community Clean Up Day on Sunday, September 23rd, and anyone who is interested in participating should report to City Hall at 1:30 P.M. Mrs. Riggs stated pizza and pop will be provided when they return to City Hall.
11. MOTIONS:
A. MOTION TO APPOINT THE MUNICIPAL CLERK AS PICKERINGTON CITY COUNCIL’S DESIGNEE FOR PUBLIC RECORDS IN ACCORDANCE WITH HOUSE BILL 9. Mr. Smith moved to appoint the Municipal Clerk as Pickerington City Council’s designee for Public Records in accordance with House Bill 9; Mr. Fix seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Fix, Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mr. Sabatino, and Mrs. Hammond voting “Yea.” Motion passed, 7-0.
B. MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(2), PURCHASE OR SALE OF PUBLIC PROPERTY, AND 121.22(G)(3), CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION. Mr. Smith moved for Executive Session under Sections 121.22(G)(2) and 121.22(G)(3); Mrs. Riggs seconded the motion. Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Hackworth, Mr. Smith, Mr. Fix, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 7-0.
Council adjourned into Executive Session at 8:10 P.M. and reconvened in open session at 8:54 P.M.
12. ADJOURNMENT. There
being nothing further, Mr. Smith moved to adjourn; Mr. Fix seconded the motion. Mrs.
Riggs, Mr. Fix, Mr. Smith, Mr. Hackworth, Mrs. Hammond, and Mr. Wisniewski
voted “Aye.” Motion carried, 6-0. The meeting adjourned at 8:55 P.M., September
18, 2007.
RESPECTFULLY SUBMITTED:
_______________________________
Lynda D. Yartin, Municipal Clerk
ATTEST:
_______________________________
David Shaver, Mayor