PICKERINGTON CITY COUNCIL
TUESDAY, MAY 6, 2008
CITY HALL, 100 LOCKVILLE ROAD
PUBLIC HEARING
7:15 P.M.
OPEN DISCUSSION REGARDING PROPOSED 2009 TAX
BUDGET
Mayor O’Brien opened the public hearing at
7:15 P.M. with the following members present:
Mrs. Sanders, Mr. Fix, Mr. Smith, Mr. Sauer, Mrs. Hammond, Mr. Sabatino,
and Mayor O’Brien. Others present
were: Tim Hansley, Lynda Yartin, Chief
Taylor, Linda Fersch, Ed Drobina, Nick LaTorre, Rick Palsgrove, and
others.
Mayor O’Brien stated this Public Hearing was
to hear any comments either for or against the proposed 2009 Tax Budget.
Mayor O’Brien ascertained there were no
comments or questions regarding the proposed 2009 Tax Budget.
There being nothing further, Mayor O’Brien
closed the public hearing at 7:16 P.M., May 6, 2008.
RESPECTFULLY SUBMITTED:
_______________________________
Lynda D. Yartin, Municipal Clerk
ATTEST:
________________________________
Mitch O’Brien, Mayor
PICKERINGTON CITY COUNCIL
TUESDAY, MAY 6, 2008
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, May 6, 2008, at City Hall. Mayor O’Brien called the meeting to order at
7:30 P.M. Roll call was taken as
follows: Mr. Fix, Mr. Sauer, Mr. Smith,
Mrs. Hammond, Mr. Wisniewski, Mr. Sabatino, Mrs. Sanders, and Mayor O’Brien
were present. No members were
absent. Others present were: Tim
Hansley, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Phil Hartmann, Ed
Drobina, Pastor Scott Kelso, Nick LaTorre, Rick Palsgrove, Miriam Segaloff,
Tracey Venturini, David Venturini, James Stover, Von Smith, Jeremy Doran, Carol
Carter, Gary Weltlich, and others.
Pastor Kelso, of Trinity Family Life United Methodist Church, delivered
the invocation.
2. A. APPROVAL OF MINUTES OF APRIL 12, 2008,
COUNCIL RETREAT. Mr. Sabatino moved
to approve; Mr. Smith seconded the motion.
Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr.
Smith, Mr. Sauer, Mr. Fix, and Mrs. Sanders voting “Yea.” Motion passed, 7-0.
B. APPROVAL
OF MINUTES OF APRIL 15, 2008, REGULAR MEETING.
Mr. Smith moved to approve; Mr. Fix seconded the motion. Roll call was taken with Mr. Sabatino, Mr.
Smith, Mr. Fix, Mr. Sauer, Mrs. Hammond, Mrs. Sanders, 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. Sauer, Mrs. Hammond, Mr. Smith, Mr.
Fix, Mrs. Sanders, and Mr. Sabatino voting “Yea.” Motion passed, 7-0.
4.
COMMUNITY
COMMENTS: There were no community
comments.
5. APPROVAL OF
CONSENT AGENDA: Mayor O’Brien stated
there were no Consent Agenda items this evening.
6. COMMITTEE REPORTS:
A. FINANCE
COMMITTEE. Mrs. Hammond stated Finance
Committee met on April 16th and the minutes have been
distributed. Mrs. Hammond stated the
appropriation ordinance and the 2009 Tax Budget Resolution on tonight’s agenda
came out of that meeting. Mrs. Hammond
stated the Finance Income and Expense Subcommittees continue to meet and she
would answer any questions anyone might have.
7. REPORTS:
A.
MAYOR.
(1) Award
presentation to Michael B. Coy and Jared Murphy. Mayor O’Brien presented awards to Michael
Coy, Jared Murphy, and Jordan McDonnell for notifying the police department and
providing valuable information regarding a theft from Blockbuster Video.
(2) Administer
Oath of Office to James L. Stover, David A. Venturini, and Jeremy S. Doran as
Auxiliary Police Officers. Mayor O’Brien
administered the Oath of Office to the three Auxiliary Police Officers.
Mayor O’Brien stated the third graders from Pickerington
Elementary visited City Hall last week for Government Week and three more elementary
schools will be visiting in the next few weeks.
Mayor O’Brien stated he had also attended the Government Day event put
on by the Columbus Chamber of Commerce and he had distributed copies of the
proposed economic stimulus package to all council members and he hoped the City
would qualify for some funds. Mayor
O’Brien further stated the Monthly Mayor’s Court Report had been
distributed.
B. LAW
DIRECTOR. Mr. Hartmann stated he had
nothing to report this evening, but would answer any questions.
C. FINANCE
DIRECTOR. Mrs. Fersch stated she would
request three readings on the appropriation ordinance on tonight’s agenda as
there are several items that need taken care of. Mrs. Fersch stated she would answer any
questions.
D. SERVICE
MANAGER. Mr. Drobina stated the March
blizzard was declared an emergency and we, therefore, qualify for some FEMA
funds. He stated we could get 75 percent
of eligible costs for overtime, salt, and equipment usage back. He stated he will meet with FEMA on May 14th
and our application must be in by May 24th. Mr. Drobina stated Diley Road, by Cherry
Hill, will not close for possibly another five weeks, and the railroad has not
let us know when they will be in to work on the railroad crossing. He stated once he receives firm dates on the
closures he will notify everyone. Mr.
Wisniewski questioned if we have received the completed documents from DLZ and
Mr. Drobina stated he had not received them, however, the engineer may have
received something.
E. CITY
MANAGER. Mr. Hansley stated his written
report had been distributed and he would be happy to answer any questions. Mr. Hansley stated he had also distributed
his memorandum regarding the Council Retreat and he had tried to capture staff
assignments and if anyone had any questions or comments please contact
him.
Mayor O’Brien stated Mr. Sauer had attended a meeting regarding
revisions to the five party JEDD agreement last week, and he would ask him to
share his impressions of the meeting with Council. Mr. Sauer stated the meeting was to discuss
the JEDD possibility that would occur along S.R. 33. He stated some issues were brought up in some
public hearings that have been held regarding landowner rights, and whether or
not a landowner could be forced into a JEDD by a majority vote. He stated the group came to a consensus where
that particular owner could not be forced into the JEDD. He stated the owner would have the ability to
essentially file a legal objection to being a member of the JEDD and then he would
not be forced in. He stated another
question discussed was how a landowner could potentially be impacted by income
taxes, and the landowner would be in no different situation than they would be
if they were outside of the JEDD. They
would pay the property tax. He stated
the only ones who would pay income tax would be the businesses that were
located in the JEDD or the employees, which is no different than being located
in the municipality. Mr. Sauer further
stated an issue he had brought up was in regard to if the JEDD were sued, could
the City, itself, get hit with the lawsuit as well. He stated two attorneys had indicated that
particular suit could not come back to the City; it would stop with the JEDD. He continued any funding to further pursue that
particular legal action would come at the discretion of the JEDD board and any
monies to pay for it would come from within that JEDD. Mr. Wisniewski stated his problem with the
JEDD was if there were any expenses for getting the JEDD up and running, how
would they be shared. Mr. Sauer stated
the only start-up costs that is required of any partner of the JEDD is $5,000,
and that is the only thing the City is obligated to in terms of financial
obligation. Mr. Wisniewski stated if
something needed to be done to make the property viable, there is nothing
written into the document itself as to how those expenses were going to be
divided. Mr. Sauer stated there is
nothing written in the document that gives the JEDD board the ability to
mandate to the City to send those funds.
Mr. Hansley stated the issue of zoning was discussed and all parties
agreed that rezoning is subject to State law.
He stated they had also discussed a concern with a conflict on the
marketing with the Route 33 Alliance and the new language states the marketing
will be done by the JEDD only if no-one else is marketing it and would be in
conjunction with other entities such as the Route 33 Alliance. Mr. Hansley stated further public hearings
are not required and the draft is ready to be reviewed by all partners. Mr. Hansley further stated he and Mr. Sauer
would be happy to answer any questions.
Mayor O’Brien stated after the law director has had a chance to review
and comment on the draft, if Council would like to schedule another public
hearing or have it added as an agenda item to another meeting, if they would
let him know we would get that done.
8. PROCEDURAL READINGS:
A. ORDINANCE 2008-28, “AN ORDINANCE AMENDING THE 2008 APPROPRIATION, ORDINANCE 2007-85,” First Reading, Finance Committee. Mrs. Hammond moved to adopt; Mr. Smith seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yea.” Motion passed, 7-0. Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion. Roll call was taken with Mrs. Sanders, Mrs. Hammond, Mr. Sauer, Mr. Smith, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.” Suspension of Rules passed, 7-0. Second Reading. Mrs. Hammond moved to adopt; Mr. Smith seconded the motion. Roll call was taken with Mrs. Sanders, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Sauer voting “Yea.” Motion passed, 7-0. Third Reading. Mrs. Hammond moved to adopt; Mr. Smith seconded the motion. Roll call was taken with Mrs. Sanders, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sauer, and Mr. Sabatino voting “Yea.” Motion passed, 7-0.
B. RESOLUTION 2008-05R, “A RESOLUTION TO ADOPT THE 2009 TAX BUDGET TO MEET THE JULY 15, 2008, DEADLINE AS SET FORTH IN THE OHIO REVISED CODE SECTION 5705.28,” First Reading, Finance Committee. Mrs. Hammond moved to adopt; Mr. Smith seconded the motion. Mrs. Hammond stated the public hearing was held on this item earlier this evening. Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Smith, Mrs. Sanders, and Mr. Sauer voting “Yea.” Motion passed, 7-0.
C. ORDINANCE 2008-27, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CARGILL FOR ROAD SALT,” Second Reading, Service Committee. Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion. Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Sanders, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Sauer voting “Yea.” Motion passed, 7-0.
9. LEGISLATIVE READINGS:
A. ORDINANCE 2008-26, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH URS CORPORATION FOR CONSTRUCTION MANAGEMENT OF THE CITY OF PICKERINGTON WASTEWATER TREATMENT PLANT EXPANSION PROJECT,” Third Reading, Service Committee. Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion. Mr. Wisniewski stated he had no discussion on this item, however, under additional motions he would like to request an executive session regarding pending or imminent court action. Roll call was taken with Mrs. Sanders, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sauer, and Mr. Sabatino voting “Yea.” Motion passed, 7-0.
10. OTHER BUSINESS: Mr. Smith stated he would like to thank everyone for their support with the passing of his brother last week.
11. MOTIONS:
A. Mr. Wisniewski moved for an Executive Session under Section 121.22(G)(3), Conference with the law director regarding pending or imminent court action; Mr. Fix seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Sauer, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, and Mrs. Sanders voting “Yea.” Motion passed, 7-0.
Council adjourned into Executive Session at 8:00 P.M. and reconvened in open session at 8:40 P.M.
12. ADJOURNMENT. There
being nothing further, Mr. Sabatino moved to adjourn; Mr. Fix seconded the
motion. Mrs. Sanders, Mr. Fix, Mr. Smith, Mrs.
Hammond, Mr. Sauer, Mr. Sabatino, and Mr. Wisniewski voted “Aye.” Motion carried, 7-0. The meeting adjourned at 8:42 P.M., May 6,
2008.
RESPECTFULLY SUBMITTED:
_______________________________
Lynda D. Yartin, Municipal Clerk
ATTEST:
_______________________________
Mitch O’Brien, Mayor