PICKERINGTON CITY COUNCIL
TUESDAY,
OCTOBER 7, 2003
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, October 7, 2003, at City Hall. Mayor Postage called the meeting to order at 7:30 P.M. Roll call was taken as follows: Mr. Wright, Mr. Fox, Mr. Parker, Mr. Shaver, Mr. Maxey, Mr. Sabatino, Mrs. Riggs, and Mayor Postage were present. No members were absent. Others present were: Joyce Bushman, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Jeff Feyko, Jeff Kraus, Mike Maurer, Jennifer Wray, Patti Wigington, Sharon Buccilla, Gail Oakes, Jeanette Boruszewski, Dennis Boruszewski, Stephanie Brobst, Tony Barletta, Rex Myer, Crystal Santos, Cathy Bitler, Holly Saunders, Kristen Turk, Klie Debilasis, Brian Wisniewski, Patrick Bowen, Jeff Fix, Wes Monhollen, and others.
2. APPROVAL OF MINUTES OF SEPTEMBER 16, 2003, REGULAR MEETING. Mr. Fox moved to approve; Mr. Sabatino seconded the motion. Roll call was taken with Mr. Maxey abstaining, and Mr. Sabatino, Mr. Parker, Mr. Wright, Mr. Fox, Mr. Shaver, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
3. APPROVAL OF AGENDA. Mr. Fox moved to approve; Mr. Parker seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Wright, Mr. Shaver, Mr. Fox, Mr. Parker, Mrs. Riggs, and Mr. Maxey voting “Yea.” Motion passed, 7-0.
4. COMMUNITY COMMENTS:
A. Rex Myer, 261 Pearl Lane. Mr. Myer stated you should never doubt that a small group of taxpayers can change the November election. He stated our great grandchildren will still be paying the city’s debt. Mr. Myer stated he felt city hall still belonged to the developers.
B. Mr. Brian Wisniewski, 659 Theron Drive. Mr. Wisniewski stated for some time the residents of Pickerington have been speaking out about their concerns on residential growth and it’s effects on our roads, school system, and quality of life in general. He stated with the sewer plant expansion, it appeared we would need another 4,000 new homes to fund that expansion. He stated that did not seem to fall in line with what the citizens have been saying. Mr. Wisniewski stated to the best of his knowledge we still had debt from our last expansion, and if this current expansion is going to be self-funding he was not sure how we still had that debt. He further stated he would like to know why the city wanted to lock us into 300 new homes a year when the residents are asking for slower growth, and why we are going to increase our debt load by forty percent. Mr. Wisniewski stated we do not need commercial development in the form of apartments and condos; that is not a good enough reason to increase our debt load by this amount. He asked council to consider their votes carefully and listen to the citizens of Pickerington.
C. Mr. Tony Barletta, 671 Montmorency Drive. Mr. Barletta stated he would like to comment on the proposed sewer plant expansion and some traffic issues. He stated he had attended the last Service Committee meeting where the engineer discussed the proposed expansion of the sewage treatment plant from the current one million gallons per day to three million gallons per day. He stated at that meeting he became aware of an additional .6 million gallons per day in capacity that exists in the current facility. He stated he did not feel the city had addressed the potential for using the additional capacity in its existing facility. He continued it appeared the city has obtained a permit that would allow it to use this portion if it wanted to, and he believed the capacity is, in fact, old technology, but it may be a better short term solution for the next one to three years. He stated this would give the region time to come up with a more comprehensive cooperative approach to sewer services that better leverages existing infrastructure. He further stated the sewage plant expansion commits the city to grow aggressively for the foreseeable future as a rate of approximately 190 houses per year would be required to pay for the expansion using tap fees paid by the builders and passed on to the owners of new homes. He stated if the rate of growth fell below the amount required to pay the loan balance, then the debt would be paid through increased user fees on existing customers. Mr. Barletta stated much discussion has occurred about the schools and the city’s inability to take direct action in assisting them. He stated, unfortunately, there is some truth to this position, however, we now have before us a true infrastructure issue that can, itself, warrant a slowing or short term moratorium on growth. Mr. Barletta stated further, with regards to Hickory Lakes, we need to be clear with everyone that the only way the city gets this land is to commit to 6,000 new homes, and more homes will have an oppressive cost to the area’s residents, impacting the need for new roads, services, schools, etc. He stated we are not really talking about free money or even the $13 million investment for the sewer plant, but rather committing ourselves to a chain of growth events that will likely be unstoppable once it starts. Mr. Barletta stated he wanted to be clear, if we purchase Hickory Lakes and commit ourselves to the required growth, the citizens will be burdened with the increased taxes to support to required schools, roads, and services. He stated if the housing bubble bursts and we fail to make enough from tap fees to cover the loan payments, then the citizens get stuck for additional user fees to make up the difference. Mr. Barletta stated this is a lose/lose proposition for the citizens of Pickerington. Mr. Barletta continued that as a member of the Community First traffic committee he was glad to see a letter in the newspaper from Mayor Postage supporting a regional approach to traffic issues. He stated the traffic committee, made up of a group of individuals from the school district, first approached the Mayor on May 10th with a proposal for a regional traffic study. He stated they left the meeting with the impression they were wasting their time and the city was not interested in funding any studies. He stated the committee has also had discussion with Violet Township and returned to the Service Committee of Council for another try in getting the city interested. He stated he is happy to say those discussions are ongoing. He continued while he agreed with many points in the Mayor’s letter, it seemed he placed the blame for our troubles and the hope for a solution on Columbus’ shoulders. Mr. Barletta stated the increasing rush hour delays are a sure indication the city has outgrown it’s road system, and the growth strategy required for the sewer plant expansion can only compound the problem. Mr. Barletta stated since we cannot control what Violet Township or Columbus do, we should control what we can, and that is our growth rate.
D. Mrs. Sharon Buccilla, 12646 Milnor Road. Mrs. Buccilla stated she would like to respond to a letter Mrs. Ricketts had written to the newspaper regarding the referendum petition that was circulated recently. She stated the committee listed on the petition did not list a chairman of the committee, however, because Mrs. Ricketts has the highest profile of the other committee members her name was chosen to be listed as a representative of the committee to correspond with. Mrs. Buccilla stated that choice was made by her, not by anyone else. Mrs. Buccilla stated Mrs. Ricketts had stated there had not been a public forum, however, she did not see her at the open house held for the purpose of discussing this purchase. Mrs. Buccilla further stated she had received many responses to the letter she sent to people who signed that petition, stating they were misinformed by the circulators. Mrs. Buccilla stated she is aware of the ethical behavior that must be followed when circulating petitions according to the Ohio Revised Code, and penalties that may result if an investigation proves unethical behavior. Mrs. Buccilla stated her concern was if the public was misled on other petitions as well. Mrs. Buccilla stated approximately half of the circulators of the recent petitions were residents of Violet Township, not the City, and she felt they were trying to run the city and make changes that are favorable to themselves. She stated she would question if they really had the city’s best interests at heart.
5. APPROVAL OF CONSENT AGENDA: Mr. Postage stated there were five consent agenda items, Ordinance 2003-83, “An ordinance to accept a deed of road right-of-way from Refugee Park, LLC, for Fuller’s Way roadway improvements and the declaration of immediate necessity and emergency in order to correct the oversight and to protect the City’s financing of the new police facility,” Resolution 2003-20R, “A Resolution creating a Building Regulations Trust Fund,” Resolution 2003-21R, “A resolution creating a Clean Ohio Conservation Grant Fund,” Resolution 2003-22R, “A Resolution creating a Diley Road Improvement Fund,” and Resolution 2003-23R, “A Resolution re-appointing Steve Malone to the Tree Commission.” Mr. Fox moved to approve; Mr. Maxey seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Fox, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Maxey, and Mrs. Riggs voting “Yea.” Motion passed, 7-0.
6. COMMITTEE REPORTS:
A. SERVICE COMMITTEE. Mr. Parker stated Service Committee met on September 18th and the minutes had been distributed. He stated he would be glad to answer any questions. Mr. Shaver stated Service Committee was waiting for a new version of the Community Authority document and questioned if one had been received. Mayor Postage stated he has not seen one as yet.
B. FINANCE. Mr. Wright stated Finance Committee met September 25th, and the minutes have been distributed. He stated he would be happy to answer any questions.
7. REPORTS:
A. MAYOR. Mr. Postage stated we received our audit report from the State Auditor and we have a very good report. He stated he had attended the opening of the bridge on Tussing Road and it is very good to have that bridge open once again. He stated the Monthly Mayor’s Court Report had also been distributed.
B. LAW DIRECTOR. Mr. Feyko stated Mr. Mapes is out of town, and he had nothing to report on his behalf.
C. FINANCE DIRECTOR. Mrs. Fersch stated with regard to the refunding of the city’s water and sewer bonds, Finance Committee had set the criteria of at least a four percent savings before proceeding. She stated she was happy to report we had just done the refunding and we realized a savings of 5.059 percent and that equates to a $174,788.33 savings over the life of the bonds. Mr. Shaver clarified that we do still hold debt from the sewer plant renovation from 1995 and 1996 and those were the bonds that were just refinanced. Mrs. Fersch stated with the refunding occurring, she would request three readings on the appropriation ordinance on tonight’s agenda as the closing is October 15th and some of the appropriations on that ordinance deal with the refunding. Mrs. Fersch further stated with regard to the Hickory Lakes referendum petitions, the Board of Elections has returned the petitions verifying the number of valid and the number of invalid signatures. She stated they have indicated 361 valid signatures are required for each referendum issue, and their examination of the petition for Ordinance 2003-61 shows 356 valid signatures and 45 invalid signatures. She continued the petition for Resolution 2003-14R shows 363 valid signatures and 44 invalid. Mrs. Fersch stated special counsel, Don McTigue, will be issuing a legal opinion by the end of the week regarding the legal sufficiency and validity of the referendum petitions in compliance with Ohio Revised Code. She stated she would ensure that was provided to Council as soon as she received it.
D. MANAGER. Mrs. Bushman stated the Manager’s Report had been distributed. Mrs. Bushman stated we are in the process of looking at implementing an e-payment program so our residents can pay for items on the internet. Mrs. Bushman further stated our parks master plan survey was distributed and we have received 160 responses to date. She stated the survey was also distributed to the Tussing Elementary School to get a response from the Columbus portion of our school district and we have asked the Township if they would be interested in distributing it in their newsletter as we did in ours.
8. PROCEDURAL READINGS:
A. ORDINANCE 2003-79, “AN ORDINANCE TO ENACT SECTION 1478.11 OF THE PICKERINGTON CODIFIED ORDINANCES TO PROVIDE FOR THE PRESERVATION OF NOTABLE STRUCTURES WITHIN THE CITY,” First Reading, Fox. (TABLE) Mr. Fox moved to remove from the Table; Mr. Parker seconded the motion. Roll call was taken with Mr. Shaver, Mr. Maxey, Mrs. Riggs, Mr. Fox, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.” Motion passed, 7-0. Mr. Fox moved to adopt; Mr. Wright seconded the motion. Mr. Fox moved to amend by substitution with the amended version provided to Council; Mr. Parker seconded the motion. Roll call was taken on the motion to amend with Mr. Shaver abstaining, Mr. Sabatino voting “Nay,” and Mr. Fox, Mr. Wright, Mr. Maxey, Mr. Parker, and Mrs. Riggs voting “Yea.” Motion passed, 5-1. Mr. Fox stated this legislation deals with historical preservation within the City of Pickerington. He stated the main thrust of this legislation is to give Planning and Zoning Commission the requirement to conduct a survey of structures in the City and create a list of what they consider “notable” structures, structures or buildings that have some sort of historical community relevance. He stated as the community develops this list would be used to protect those structures. Mr. Fox stated in writing this legislation, they have tried to protect the individual property owner’s rights, but when it comes to developers it will protect notable structures. Mr. Sabatino stated this legislation deals with the entire city, not just the historic downtown. He stated he felt it encumbered a property owner’s right to do what they wanted with their property, and he did not feel it is needed. He stated the fact that it is not a voluntary registration and that it deals with subjectivity and not objectivity was one of the reasons he would not support it. Mrs. Riggs clarified this legislation would not prevent the homeowner from selling to a developer. Mr. Fox stated a developer could still develop a subdivision, but once the developer had ownership of the property they must attempt to incorporate the notable structure within their development. Mr. Fox stated he did not foresee a large number of structures on the list, but as the community develops it has a certain responsibility to maintain their unique, historic structures. Mr. Fox stated nothing in this legislation would prevent an individual property owner, who is on this list, from renovating or changing their property. Mr. Wright clarified nothing would prevent an individual property owner from demolishing the structure. Mr. Fox stated he would be open to suggestions to any amendments anyone may feel would improve the legislation. Mr. Wright stated it was his understanding that if a structure is put on the National Register it is almost impossible to get insurance and he questioned if that would be the same for a local register. Mr. Wright stated his main concern was that we may be creating a hardship for a property owner by designating an historic building without the owner’s input, and we could put them in a position where they could not even get insurance. Mr. Wright stated he would vote for a first reading, but he would like to get an answer to what kind of impact there may be on the owner by the next meeting. Mr. Fox stated his concern was that there are structures in this City that are in danger of being destroyed when development occurs, and he is trying to protect those structures. Roll call was taken with Mr. Shaver abstaining, Mr. Sabatino voting “Nay,” and Mr. Wright, Mr. Parker, Mr. Fox, Mrs. Riggs, and Mr. Maxey voting “Yea.” Motion passed, 5-1.
B. ORDINANCE 2003-82, “AN ORDINANCE TO
ACCEPT A DEED OF ROAD RIGHT-OF-WAY FROM REFUGEE PARK, LLC, FOR FULLER’S WAY
ROADWAY IMPROVEMENTS AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY
IN ORDER TO CORRECT THE OVERSIGHT AND TO PROTECT THE CITY’S FINANCING OF THE
NEW POLICE FACILITY,” First Reading, Parker. Mr. Fox moved to adopt; Mr. Maxey seconded
the motion. Roll call was taken with Mr.
Sabatino, Mr. Fox, Mr. Shaver, Mr. Wright, Mr.
Parker, Mr. Maxey, and Mrs. Riggs voting “Yea.”
Motion passed, 7-0. (CONSENT
AGENDA ITEM)
C. ORDINANCE 2003-83, “AN ORDINANCE AMENDING THE 2003 APPROPRIATION ORDINANCE 2002-142,” First Reading, Fox. Mr. Fox moved to adopt; Mr. Wright seconded the motion. Mr. Fox stated as Mrs. Fersch had requested, he would be asking for three readings this evening. Roll call was taken with Mr. Sabatino, Mr. Shaver, Mr. Wright, Mr. Fox, Mr. Parker, Mrs. Riggs, and Mr. Maxey voting “Yea.” Motion passed, 7-0. Mr. Wright moved to suspend the rules for the purpose of three readings; Mr. Fox seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Maxey, Mr. Wright, Mr. Fox, Mr. Shaver, and Mr. Sabatino voting “Yea.” Suspension of Rules passed, 7-0. Second Reading. Mr. Fox moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. Shaver, Mr. Fox, Mr. Parker, Mr. Sabatino, and Mr. Maxey voting “Yea.” Motion passed, 7-0. Third Reading. Mr. Fox moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Fox, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Maxey, and Mr. Sabatino voting “Yea.” Motion passed, 7-0.
D. ORDINANCE 2003-84, “AN ORDINANCE ADOPTING A CAPITAL IMPROVEMENTS PLAN (CIP) FOR 2003-2007 AND AMENDING THE CIP FOR 1998-2002,” First Reading, Fox. Mr. Fox moved to adopt; Mr. Wright seconded the motion. Mr. Fox stated this is our annual update of the five year plan. He stated it has gone through all committees and is now before Council. Roll call was taken with Mrs. Riggs and Mr. Shaver abstaining, and Mr. Maxey, Mr. Parker, Mr. Sabatino, Mr. Wright, and Mr. Fox voting “Yea.” Motion passed, 5-0.
E. ORDINANCE 2003-85, “AN ORDINANCE TO
APPOINT A LAW DIRECTOR FOR THE CITY OF PICKERINGTON, OHIO, FOR A TERM OF TWO
YEARS AND TO FIX THE COMPENSATION TO BE PAID,” First Reading,
Fox. Mr. Fox moved to adopt; Mr. Parker
seconded the motion. Mr. Fox stated
Mr. Mapes’ two year contract expires in December and
this will create another two year contract with Mr. Mapes. Mr. Shaver stated he would register his
objections to this legislation. He
stated with the impending elections he felt it was inappropriate to tie
possibly new administration and new council to a law director they may or not
wish to consider continuing in the post.
He stated further, he had concerns about any employee being on a
contractual basis. He stated he felt
employees at this level should be “at will” employees subject to the desires
and wills of the people who are their employers. Mr. Shaver continued he was not quite sure of
the structure of the employment of Mr. Mapes as he is
apparently a contract employee, but he is also treated as an employee for the
purposes of benefits, we pay part of his overhead for his building, we allow
him to maintain a private practice, and yet he has a fairly healthy
compensation package. Mr. Shaver stated
he wondered if we might not be better served advertising for a full time, in
house, attorney. He stated at this point
in time he did not see a reason for voting on this issue, and it was not
personally against Mr. Mapes, but he would not
support this. Mrs. Riggs inquired if Mr.
Mapes was entitled to vacation and sick leave as a
regular employee would be. Mrs. Bushman
stated Mr. Mapes is an employee of Council and his
contract is a negotiated contract with Council.
Mrs. Bushman stated the Charter does require a contract for the law
director, finance director, and City Manager.
Mrs. Riggs stated she would still like to know if Mr. Mapes receives sick leave, vacation, etc. Mr. Shaver stated it does state in the
compensation section of the contract that he does receive vacation, sick leave,
retirement, pension contribution, holidays, and other fringe benefits. Mrs. Riggs stated she would question that he
is not being treated as a contractor, but as an employee. She stated she also did not see why it was
brought forward now. Mayor Postage
stated this was being brought forward as his contract expires in December. Mr. Maxey stated he would like to clarify
that Finance Committee has looked at bringing the law director in house,
however, the space has not been available.
He stated Finance Committee has always negotiated the contract with the
law director to pay a portion of his overhead.
Mr. Wright inquired of Mr. Feyko if it is a
normal procedure for the law director of a municipality in a contract
relationship to have portions of his office building paid. Mr. Feyko stated he
could not answer that, however, it is his recollection that there have been
efforts to accommodate Mr. Mapes here in the City,
but there were space considerations that presented a problem. Mr. Wright stated he would like to clarify if
Mr. Mapes is really a contract employee or an
appointed employee. Mr. Shaver stated he
did not know why we would give an appointed employee a three month severance
package, and that was another of his concerns.
Mr. Shaver moved to Table; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Parker, Mr.
Shaver, and Mrs. Riggs voting “Yea,” and Mr. Sabatino,
Mr. Wright, Mr. Fox, and Mr. Maxey voting “Nay.” Motion failed, 4-3. Mr. Wright stated he would rather move this
forward slowly so council would not be faced with an emergency later. Roll call was taken on the first reading with
Mrs. Riggs and Mr. Shaver voting “Nay,” and Mr. Maxey, Mr. Parker, Mr. Sabatino, Mr. Wright, and Mr. Fox voting “Yea.” Motion passed, 5-2.
F. ORDINANCE 2003-86, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO PURCHASE 89 NORTH CENTER STREET, KNOWN AS THE BUS SERVICE, INC.,” First Reading, Fox. Mr. Fox moved to adopt; Mr. Parker seconded the motion. Mr. Fox stated this would allow the purchase of property that is necessary for the extension of the 256 connector. He stated one appraisal gave it a current market value of $350,000, and one gave a fair market value of $432,000. Mrs. Riggs stated she would like a clarification on if there were any issues with the land, with a contamination of soil. Mayor Postage stated years ago a Greenfield study was done on this particular piece of land and the report stated for putting down pavement there was no problem. He stated if we wanted to put up a building there could be a problem, but for putting down asphalt for a road there would be no issues. Mrs. Bushman stated there may be some confusion as there is a piece of property behind this one that the City is not purchasing, and that is property that concerns have been expressed on. Mrs. Riggs stated then, there would be no issue with that land possibly having contaminated the land we would be purchasing. Mrs. Bushman stated she did not know that, and that is why we have the statement in there. Mr. Shaver stated we need to know that so we do not expose ourselves to liability. Mr. Shaver stated another issue he would like to know is if we are planning on using all of this property, do we plan on selling part of it, how are we financing the actual construction of the road itself? He stated the last TIF in this area resulted in no return to the City, and he would like to know our future TIF plans in the area. Mrs. Bushman stated this area is already included in the TIF and we do have the ability to finance the acquisition. She stated the property owner is in the process of wanting to sell, so we would not have to go through an imminent domain process, and the road would actually go through the middle of the building so there will be some residual property. Mr. Shaver inquired what our plans were for the residual property, and Mrs. Bushman stated it is residual so that probably means it is non-developable or non-usable. Mr. Shaver stated that TIF has been a disaster for us financially so far and questioned if we have received any money from that TIF. Mrs. Fersch stated we have received a small amount because the land was revalued. Mr. Shaver stated we have not seen the commercial enterprise that was promised to be developed in this area. Mrs. Bushman stated part of that issue was because the road was supposed to go through and at the time the bus barn did not want to move and the City did not want to force them by imminent domain. Mr. Shaver requested prior to the next Council meeting he be provided with the environmental materials and that Mrs. Fersch provide him with a brief synopsis on that TIF and how it is operated. Roll call was taken with Mrs. Riggs and Mr. Shaver voting “Nay,” and Mr. Maxey, Mr. Parker, Mr. Sabatino, Mr. Wright, and Mr. Fox voting “Yea.” Motion passed, 5-2.
G. ORDINANCE 2003-87, “AN ORDINANCE TO
AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH STILSON CONSULTING
GROUP, LLC, FOR ENGINEERING SERVICES FOR THE WASTEWATER TREATMENT PLANT
EXPANSION AND SYCAMORE CREEK REPLACEMENT SEWER (PHASES 2 AND 3),” First
Reading, Maxey. Mr. Maxey moved to
adopt; Mr. Parker seconded the motion.
Mr. Maxey stated this contract is for the construction administration
services for these projects. Mr. Wright
stated we did not know if we had the loan yet, and questioned why this was
being brought forward now. Mr. Maxey
stated this came out of Service last month, and they were doing their best to
avoid having to do more than one reading at a time or requiring emergency
action. Roll call was taken with Mr.
Shaver, Mr. Wright, and Mrs. Riggs voting “Nay,” and Mr. Sabatino,
Mr. Fox, Mr. Parker, and Mr. Maxey voting “Yea.” Motion passed, 4-3.
H. ORDINANCE 2003-88, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A THREE-YEAR CONTRACT WITH THE CENTRAL OHIO HEALTH CARE CONSORTIUM AND OTHER PROVIDERS FOR HEALTH, VISION, LIFE, AND ACCIDENT/DISABILITY INSURANCE FOR CITY EMPLOYEES,” First Reading, Fox. Mr. Fox moved to adopt; Mr. Parker seconded the motion. Mr. Fox stated this was a renewal of the insurance package. He stated a memorandum detailing the changes was provided to Council. Roll call was taken with Mr. Maxey, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Fox, and Mr. Shaver voting “Yea.” Motion passed, 7-0.
I. ORDINANCE 2003-89, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO APPLY FOR, ACCEPT, AND ENTER INTO A WATER POLLUTION CONTROL LOAN FUND (WPCLF) AGREEMENT ON BEHALF OF THE CITY OF PICKERINGTON FOR THE EXPANSION OF THE WASTEWATER TREATMENT PLANT AND THE SYCAMORE CREEK SANITARY SEWER REPLACEMENT PROJECTS, TO AMEND SECTION 1058.03 OF THE PICKERINGTON CODIFIED ORDINANCES TO INCREASE SANITARY SEWER SYSTEM CAPACITY CHARGES, AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY IN ORDER TO MEET THE OCTOBER 28, 2003, DEADLINE FOR THE APPLICATION,” First Reading, Fox. Mr. Fox moved to adopt; Mr. Parker seconded the motion. Mr. Fox stated the capacity fee this refers to will to increase the capacity fee charged to developers to tap in to $3,600 per dwelling unit. He stated this does not increase fees to consumers. Mr. Shaver stated he did not feel we should be moving forward with this project at this time. Mr. Shaver responded to Mrs. Riggs that at the last Service Committee meeting the engineer stated our current plant is not at capacity and is adequate to serve our needs now. Mrs. Riggs questioned for how long it would meet our needs. Mr. Parker stated the Service Committee meeting minutes show that our plant is capable of handling 333 more homes. He stated this does not leave any room for any commercial development at all, so if we say no to sewer we are saying no to commercial as well. Mr. Shaver stated he felt we should explore cooperative efforts with other governmental entities and perhaps we could do a much milder renovation than we are doing. Mr. Parker stated we know the County is expanding their wastewater plant and he did not see any referendums on that expansion, further Huntington Hills just completed an expansion and they are not near any commercial at all. Mr. Parker stated we have an opportunity to expand our plant and it would help us immensely to be in control of any commercial development. Mr. Parker stated Council is elected to make decisions, and that is the decision he is making. Mr. Maxey stated he would also like to point out that this planning started over ten years ago so it is nothing new that just came up, it has been a long time coming and the engineering on the plant has already been done. Mr. Shaver stated if he was confident this will bring in more commercial he would be more comfortable with it, and with the City’s debt load he did not feel comfortable adding another $12 to $13 million. He stated he did not feel it was fiscally prudent at this time. Roll call was taken with Mr. Shaver and Mrs. Riggs voting “Nay,” and Mr. Sabatino, Mr. Wright, Mr. Fox, Mr. Parker, and Mr. Maxey voting “Yea.” Motion passed, 5-2.
J. RESOLUTION 2003-20R, “A RESOLUTION
CREATING A BUILDING REGULATIONS TRUST FUND,” First Reading, Fox. Mr. Fox moved to adopt; Mr. Maxey seconded
the motion. Roll call was taken with
Mr. Sabatino, Mr. Fox, Mr. Shaver, Mr. Wright, Mr.
Parker, Mr. Maxey, and Mrs. Riggs voting “Yea.”
Motion passed, 7-0. (CONSENT
AGENDA ITEM)
K. RESOLUTION 2003-21R, “A RESOLUTION CREATING A CLEAN OHIO CONSERVATION GRANT FUND,” First Reading, Fox. Mr. Fox moved to adopt; Mr. Maxey seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Fox, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Maxey, and Mrs. Riggs voting “Yea.” Motion passed, 7-0. (CONSENT AGENDA ITEM)
L. RESOLUTION 2003-22R, “A RESOLUTION
CREATING A DILEY ROAD IMPROVEMENT FUND,” First Reading, Fox. Mr. Fox moved to adopt; Mr. Maxey seconded
the motion. Roll call was taken with
Mr. Sabatino, Mr. Fox, Mr. Shaver, Mr. Wright, Mr.
Parker, Mr. Maxey, and Mrs. Riggs voting “Yea.”
Motion passed, 7-0. (CONSENT
AGENDA ITEM)
M. RESOLUTION 2003-23R, “A RESOLUTION
RE-APPOINTING STEVE MALONE TO THE TREE COMMISSION,” First Reading,
Maxey. Mr. Fox moved to adopt; Mr. Maxey
seconded the motion. Roll call was
taken with Mr. Sabatino, Mr. Fox, Mr. Shaver, Mr.
Wright, Mr. Parker, Mr. Maxey, and Mrs. Riggs voting “Yea.” Motion passed, 7-0. (CONSENT AGENDA ITEM)
N. ORDINANCE 2003-80, “AN ORDINANCE TO
AUTHORIZE THE CITY MANAGER TO ACCEPT THE BID OF PICKENS TREE FARMS FOR THE
CITY’S 2003 FALL STREET TREE PLANTING PROJECT,” Second Reading, Sabatino. Mr. Sabatino moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mrs. Riggs, Mr.
Wright, Mr. Shaver, Mr. Fox, Mr. Parker, Mr. Sabatino,
and Mr. Maxey voting “Yea.” Motion passed, 7-0.
O. ORDINANCE 2003-81, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT A JOINT APPLICATION WITH FAIRFIELD COUNTY AND VIOLET TOWNSHIP FOR ISSUE II (SCIP) FUNDS FOR RENOVATING AND UPGRADING THE CITY’S WATER LINES AND THE COUNTY’S SANITARY SEWER LINES SERVING THE MINGO ESTATES SUBDIVISION AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY IN ORDER TO MEET THE OCTOBER, 2003, GRANT APPLICATION DEADLINE,” Second Reading, Parker. Mr. Parker moved to adopt; Mr. Wright seconded the motion. Mr. Parker moved to amend by substitution with the amended Ordinance provided to Council; Mr. Maxey seconded the motion. Mr. Parker stated the amendment was required to include the language allowing the Violet Township Trustees Chairperson to act as the lead in submitting this joint application. He further stated he would be asking for the final two readings this evening so we can meet the deadline date. Roll call was taken on the motion to amend with Mr. Shaver, Mr. Maxey, Mrs. Riggs, Mr. Fox, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.” Motion passed, 7-0. Roll call was taken on Second Reading as amended with Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Fox, Mr. Shaver, Mr. Maxey, and Mrs. Riggs voting “Yea.” Motion passed, 7-0. Mr. Parker moved to suspend the rules for the purpose of a third reading; Mr. Wright seconded the motion. Roll call was taken with Mr. Fox, Mr. Wright, Mr. Maxey, Mr. Sabatino, Mr. Parker, Mrs. Riggs, and Mr. Shaver voting “Yea.” Suspension of Rules passed, 7-0. Third Reading, with emergency. Mr. Parker moved to adopt; Mr. Fox seconded the motion. Roll call was taken with Mr. Fox, Mr. Maxey, Mr. Shaver, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.” Motion passed, with emergency, 7-0.
9. LEGISLATIVE READINGS:
A. ORDINANCE 2003-77, “AN ORDINANCE TO AMEND ORDINANCE 99-27 TO EXTEND THE LIGHTING CURFEW FOR PYAA BASEBALL FIELD NO. 7 UNDER CERTAIN CONDITIONS,” Third Reading, Sabatino. Mr. Sabatino moved to adopt; Mrs. Riggs seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Fox, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Maxey, and Mr. Sabatino voting “Yea.” Motion passed, 7-0.
B. ORDINANCE 2003-78, “AN ORDINANCE AMENDING THE 2003 APPROPRIATION ORDINANCE 2002-142,” Third Reading, Fox. Mr. Fox moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mr. Shaver, Mr. Fox, Mr. Maxey, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.” Motion passed, 7-0.
10. MOTIONS: There were no motions.
11. OTHER BUSINESS: No other business was brought forward.
12. ADJOURNMENT. There being nothing further, Mr. Maxey moved to adjourn; Mr. Wright seconded the motion. Mrs. Riggs, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Fox, Mr. Sabatino, and Mr. Maxey voted “Aye.” Motion carried, 7-0. The meeting adjourned at 8:50 P.M., October 7, 2003.
RESPECTFULLY SUBMITTED:
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ATTEST:
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