PICKERINGTON CITY COUNCIL
TUESDAY,
OCTOBER 21, 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 21, 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, Bob Mapes, Jeff Kraus, Mike Maurer, Jennifer Wray, Patti Wigington, Jeanette Boruszewski, Dennis Boruszewski, Stephanie Brobst, Tony Barletta, Jeff Fix, Mike Getreu, Kim Hoffman, Tony Palmer, Rita Ricketts, Ted Hackworth, Don McTigue, and others. Sister Nancy of Seton Parish delivered the invocation.
2. APPROVAL OF MINUTES OF OCTOBER 7, 2003, REGULAR MEETING. Mr. Sabatino moved to approve; Mr. Fox seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Parker, Mr. Maxey, Mr. Wright, Mr. Fox, Mr. Shaver, and Mrs. Riggs voting “Yea.” Motion passed, 7-0.
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. Tony Barletta, 671 Montmorency Drive. Mr. Barletta stated he would like to thank Mr. Parker, Mr. Wiseman, and Mr. Kocarek of R. D. Zande for the tour of the wastewater treatment plant last Tuesday. He stated the tour was very informative and his questions were answered. He stated he had questioned if we could use the idle .6 million gallons per day in capacity to meet the conditions of our NPDES permit. He further stated during the tour he saw the city’s original treatment plant from the early 70’s, and it is idle and could conservatively treat up to .2 million gallons per day. He continued regarding the .6 million gallons per day question, the answer is possibly. He stated the quality of the treatment is not at par with the main plant on the other side of the river, but by blending the two streams of effluent it might be possible to meet conditions of the permit. An investment would be needed to make the facility operational again and there would be some risk of not meeting the conditions of the permit. He continued regarding his question about the city’s original treatment plant, the answer is most definitely “yes.” He stated the plant uses the same technology as the current plant on the other side of the river and it could be repaired and brought back on line, however, some investment would be required. He stated the risk of not meeting the discharge permit would be minimal, and the investment required would be small in comparison to the $13 million project that is on the table today. He questioned what the hurry was to get this project done since the city has not reached its capacity limit at the current facility, has minimal rainwater infiltration problems, and a well maintained system according to Mr. Kocarek. Mr. Barletta stated the one thing that strikes you when visiting the wastewater treatment plant is the close proximity to the Sycamore Creek development. He questioned if we were in a hurry to complete this project before the neighbors move in or is it another example of the citizens being used to fund an improvement that benefits council’s developer friends. Mr. Barletta stated he did not believe the expansion is warranted at this time given the other alternatives available. He stated we have time to investigate the alternatives, including sharing our sewage with the County, Canal Winchester, or Columbus before committing to the expense. Mr. Barletta stated on another subject, he would like to know what is going on with candidate’s signs as they seem to be disappearing. He stated he understood the city was enforcing an ordinance to remove all signs not in developer owned property and his tax dollars were being spent on this. He stated he was sure we could find better things to spend our money on. Mr. Barletta stated he supported campaigns of the bonified slow growth candidates.
B. Mr. Dennis Boruszewski, 542 Warwick Lane. Mr. Boruszewski stated in a January 2003 newspaper article Mayor Postage pledged cooperation. He stated Mayor Postage had stated the city was going to slow down growth and sometimes you have to have that. Mr. Boruszewski continued that somehow though, the exact opposite has happened, we have increased the burden on our inadequate roads and overcrowded schools with no end in sight. Mr. Boruszewski stated in the city newsletter of October 2003, in the Cost of Community Services report it stated that the cost of community services ratio for non-residential property was 0.64 and 0.90 for residential property, indicating that the revenue collected was greater than the cost of providing city services in each land use category. Mr. Boruszewski stated in the case of residential property, only 90 cents of every dollar collected in taxes was spent to provide services. He stated he would like to know where the other dime is, because if we are only spending 90 cents of each residential dollar collected, why is there any city debt at all. Mr. Boruszewski stated he felt we need Council to commission an investigation into why an entity that is only spending 90 percent of it’s residential income, and even less of it’s non-residential income, has any debt at all. He stated he would also request council pass a resolution rolling back the tax rate by 10 percent, and that the city pass a resolution authorizing tax rebate checks to the people who paid too much in tax. Mr. Boruszewski stated he believed these requests would be honored only as much as he believed the figures stated in the article.
C. Jeff Fix, 674 Manchester Circle N. Mr. Fix read a statement into the record regarding the law director’s contract that is on the agenda and also addressed the removal of campaign signs. (Attachment 1)
D. Stephanie Brobst, 7020 Blacklick Eastern Road. Ms. Brobst stated she was present as the speaker for the Hickory Lakes Referendum drive. She stated the petitions failed due to insufficient signatures, and there were several signatures ruled invalid that she believed were valid. Ms. Brobst stated she would like to have them reconsidered, and to the Board of Elections, they can only do that at the direction of the City law director. Ms. Brobst stated she was requesting Mr. Mapes to consider allowing these signatures to be rechecked. She continued the petition committee had received Mrs. Fersch’s ruling regarding Resolution 2003-14R, in which special counsel Don McTigue had informed the City that this was an administrative action and was therefore not subject to referendum. Ms. Brobst stated she felt this was another example of obstructionist government at work and it seems there is always a loophole to keep the voters of Pickerington from expressing their wishes at the polls. Ms. Brobst stated she hoped the voters took the opportunity to speak loudly and clearly this November.
E. Rita Ricketts, 340 Hill Road N. Mrs. Ricketts stated she had questions on several items and she would also like to register her dismay that Mr. McTigue had made his ruling, and Mrs. Fersch had concurred with it, that Resolution 2003-14R was an administrative action rather than a legislative action and was, therefore, not subject to the vote of the people. Mrs. Ricketts stated she was not particularly opposed to the purchase of the bus service property, but she would like to know when the road was to be completed. Mrs. Ricketts stated with regard to Ordinance 2003-89, the ordinance authorizing the City Manager to apply for, accept, and enter into a Water Pollution Control Loan Fund Agreement, she questioned if there would be further legislation with respect to this. She stated she would like to know the amount of the loan as it is not mentioned in this piece of legislation. Mr. Wright stated he would get Mrs. Ricketts the information that she had requested.
F. Mrs. Yartin stated she had received a statement from Gary and Sharon Buccilla regarding the Hickory Lakes issue that they requested be read into the record. (Attachment 1)
5. APPROVAL OF CONSENT AGENDA: Mr. Postage stated there were no consent agenda items.
6. COMMITTEE REPORTS:
A. SAFETY COMMITTEE. Mr. Fox stated Safety Committee met October 6th and the minutes have been distributed. He stated he would answer any questions.
7. REPORTS:
A. MAYOR. Mr. Postage stated he had attended a function at Wesley Ridge in honor of their 20 year anniversary, and they are planning an expansion of their facility in the near future. Mayor Postage stated further he had attended the Planning and Zoning Commission meeting last week and he is glad to announce that a new Kohl’s store is coming into our community and it should be completed by the fall of 2004.
B. LAW DIRECTOR. Mr. Mapes stated he had nothing to report, but would answer any questions. Mr. Shaver inquired of Mr. Mapes if it is possible for the City to request the Board of Elections re-examine signatures on the referendum petitions. Mr. Mapes stated the Board of Elections is bound by state law and if our charter provides something different we could request that. He continued the process in our charter is very straightforward and states that we follow state law. Mr. Mapes stated he felt we did not have the ability to do anything that the Board of Elections could not do. Mr. Shaver stated he hoped in the future we would consider erring on the side of allowing our voters to vote.
C. FINANCE DIRECTOR. Mrs. Fersch stated she had nothing to report. Mr. Shaver asked if Mrs. Fersch could answer Mrs. Ricketts’ question with regard to the Water Pollution Control Loan Fund ordinance. Mrs. Fersch stated she could not answer that question, and Mr. Wright has stated he would be getting the information for Mrs. Ricketts. Mr. Wright stated again he would provide that information to Mrs. Ricketts.
D. MANAGER. Mrs. Bushman stated the Manager’s Report had been distributed and she would like to congratulate Mrs. Yartin who was given a Leadership Award from LaserFische for an excellent program that we have here at the City.
8. PROCEDURAL READINGS:
A. ORDINANCE 2003-90, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SIGN SUCH DOCUMENTS AS NECESSARY RELATING TO ODOT’S PLANNING STUDY FOR INTERSTATE ROUTE 70 CORRIDOR FROM HAMILTON ROAD TO S.R. 310 (PID NUMBER 76997; FRA-IR70-19.84),” First Reading, Parker. Mr. Parker moved to adopt; Mr. Fox seconded the motion. 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.
B. ORDINANCE 2003-79 (Amended), “AN ORDINANCE TO ENACT SECTION 1478.11 OF THE PICKERINGTON CODIFIED ORDINANCES TO PROVIDE FOR THE PRESERVATION OF NOTABLE STRUCTURES WITHIN THE CITY,” Second Reading, Fox. Mr. Fox moved to adopt; Mrs. Riggs seconded the motion. Mr. Fox stated at the last meeting the concern of the ability to get insurance coverage if your property was listed on this register was discussed. He stated Mr. Mapes had done some research on this issue and that is not a valid concern. He stated that may occur if something is listed on the National Historical Registry, but a local registry did not have that problem. Mr. Sabatino stated he felt this was unnecessary legislation and it delved into the area of limiting a property owners rights. Mr. Wright stated he felt the legislation was a good idea, but his concern was that we would be placing a title on property that the owner does not have a say in. He stated he would like to see if this could be done on a voluntary basis. Mr. Fox stated he is open to all realistic amendments, however, he has not received any as of yet. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Wright, Mrs. Riggs, Mr. Parker, Mr. Maxey, Mr. Shaver, and Mr. Fox voting “Yea.” Motion passed, 6-1.
C. ORDINANCE 2003-84, “AN ORDINANCE ADOPTING A CAPITAL IMPROVEMENTS PLAN (CIP) FOR 2003-2007 AND AMENDING THE CIP FOR 1998-2002,” Second Reading, Fox. Mr. Fox moved to adopt; Mr. Wright 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.
D. 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,” Second Reading, Fox. Mr. Fox moved to adopt; Mr. Maxey seconded
the motion. Mrs. Riggs stated since
the last meeting she has done some research on this. She stated she had spoken to several cities
and done salary comparisons based on the size of the city, issues we are
facing, and had looked at our current budget for the law director. She stated for a city of this size we are
paying more than other cities that are similar.
She stated normally a full time law director is appointed once a city
reaches a population of 50,000. Mrs.
Riggs stated her concern was also with new council seats and possibly a new
Mayor with the coming elections. She
stated to date, we have spent $120,000, which includes Mr. Mapes salary and
benefits. Mrs. Riggs stated she felt we
need to evaluate and consider all of our options and she thought there was room
to negotiate with this contract. Mrs.
Riggs moved to Table; Mr. Wright seconded the motion. Roll call was taken with Mr. Parker, Mr. Fox,
Mr. Sabatino, and Mr. Maxey voting “Nay,” and Mr. Wright, Mrs. Riggs, and Mr.
Shaver voting “Yea.” Motion to table
failed, 4-3. Mrs. Riggs stated she
had looked at cities that are somewhat larger than Pickerington, but are
dealing with the same legal issues that we are dealing with. She stated Dublin, for instance, works with a
general law firm using a personal services contract. She stated based on the issue at hand, they
get the attorney that specializes in that area.
Mrs. Riggs stated based on their analysis, Dublin felt this was a much
better route than a full time law director. Mrs. Riggs asked if Finance
Committee had done any salary comparisons or research before forwarding this
contract. Mr. Wright stated this is an
exact renewal of an existing contract and is based on the charter stating the
position of law director must be appointed.
Mr. Sabatino clarified the current contract expires on December 21st. Mr. Parker stated this is the second reading
on this contract and as Finance meets this week and he would request Mrs. Riggs
provide her information to the Committee for discussion. Mr. Maxey stated in the past when he served
on Finance Committee they did look at salary comparisons with other communities
when forwarding this contract. Mr.
Shaver clarified that in Mrs. Riggs’ research she had found that law directors
who were on a personal service contract and part time law directors were
allowed to have a private practice. Mrs.
Riggs stated she would be glad to provide her information to the Finance
Committee. Roll call was taken with Mr.
Shaver and Mrs. Riggs voting “Nay,” and Mr. Maxey, Mr. Fox, Mr. Sabatino, Mr.
Wright, and Mr. Parker voting “Yea.” Motion
passed, 5-2.
E. 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.,” Second Reading, Fox. Mr. Fox moved to adopt; Mr. Wright seconded the motion. Mr. Shaver inquired if there has been any further evaluation of potential environmental issues. Mrs. Bushman stated the contract states the purchase would be pending a satisfactory environmental inspection and that cannot be done until we are in contract. Mrs. Bushman stated the CIP has the Hill Road/East Columbus Street Connector, S.R. 256 realignment project programmed for 2005. Mr. Shaver asked for a copy of the environmental report as he had not received it. Mayor Postage stated that would be provided. Mr. Fox clarified this report is the one that was done when we were thinking about putting the police facility there. Roll call was taken with Mr. Shaver abstaining, Mrs. Riggs voting “Nay,” and Mr. Maxey, Mr. Fox, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.” Motion passed, 5-1.
F. 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),” Second Reading,
Maxey. Mr. Maxey moved to adopt; Mr.
Parker seconded the motion. Mr.
Maxey stated this contract is for the construction administration
services. He stated the title may be a
little misleading as this plant has already been engineered. Roll call was taken with Mrs. Riggs, Mr.
Wright, and Mr. Shaver voting “Nay,” and Mr. Fox, Mr. Parker, Mr. Sabatino, and
Mr. Maxey voting “Yea.” Motion passed, 4-3.
G. 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,” Second Reading, Fox. Mr. Fox moved to adopt; Mr. Parker seconded the motion. Mr. Fox stated this was a renewal of the insurance package, and a memorandum detailing the changes was provided to Council at the last meeting. Mr. Fox stated Central Ohio has asked that Council have the final two readings this evening if possible so they would know it was adopted. He stated he would request the final two readings this evening, however, it would not be passed as an emergency. 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 suspend the rules for the purpose of a third reading; Mr. Parker seconded the motion. Roll call was taken with Mr. Wright, Mr. Parker, Mr. Fox, Mrs. Riggs, Mr. Shaver, Mr. Sabatino, and Mr. Maxey voting “Yea.” Suspension of Rules passed, 7-0. Third Reading. Mr. Fox moved to adopt; 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.” Motion passed, 7-0.
H. 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,” Second Reading, Fox. Mr. Fox moved to adopt; Mr. Parker seconded the motion. Roll call was taken with Mrs. Riggs and Mr. Shaver voting “Nay,” and Mr. Wright, Mr. Fox, Mr. Parker, Mr. Sabatino, and Mr. Maxey voting “Yea.” Motion passed, 5-2.
9. LEGISLATIVE READINGS:
A. 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,” Third Reading, Sabatino. Mr. Sabatino moved to adopt; Mr. Fox
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.
10. MOTIONS: There were no motions.
11. OTHER BUSINESS: No other business was brought forward.
12. ADJOURNMENT. There being nothing further, Mr. Fox moved to adjourn; Mr. Wright seconded the motion. Mr. Sabatino, Mr. Fox, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Maxey, and Mrs. Riggs voted “Aye.” Motion carried, 7-0. The meeting adjourned at 8:30 P.M., October 21, 2003.
RESPECTFULLY SUBMITTED:
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ATTEST:
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