PICKERINGTON CITY COUNCIL

                                            TUESDAY, NOVEMBER 4, 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, November 4, 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, Rick Palsgrove, Gary Buccilla, Sharon Buccilla, Pat Shaver, Joel Clark, Joe Koesters, Tom Stephens, Mark Severt and Pack 399, Chris Foley, Gary Foley Carla Oravecz, Tammy Barletta, Tony Barletta, Frank Hersch, Wes Monhollen, Jerry Dailey, Pastor Karen Burnard, and others.  Pack 399 led the Pledge of Allegiance and Pastor Burnard of St. Andrews Episcopal Church delivered the invocation. 

 

2.         APPROVAL OF MINUTES OF OCTOBER 21, 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 speak about the sewer plant expansion.  He stated citizens need to know about the public hearing scheduled for tomorrow, Wednesday, November 5th, at 6:30 P.M. here in council chambers with the EPA to discuss the permit to install for the expansion of the sewer plant.  He stated the purpose of the hearing is to obtain additional information to be considered by the Director of the Ohio EPA prior to any further action upon the draft permit to install.  Mr. Barletta stated he encouraged all interested citizens to attend.  Mr. Barletta stated to pay for the sewer plant expansion tap fees from approximately 200 homes per year, at $3,600 each, will be required for 20 years.  He stated these 200 homes per year will need to be within the City of Pickerington sanitary sewer service area in order to recover those dollars.  He further stated development within the city limits where sewer service is provided by Canal Winchester or Fairfield County would not contribute tap fees, and areas where the city has either waived tap fees or offered reductions as part of a pre-annexation agreement would contribute less than the $3,600 per home.  Mr. Barletta stated he would like to know if the city was planning on expanding its service area in areas currently serviced by Canal Winchester or Fairfield County as that would not be the first time the city has used tax payers money to install duplicate services.  Mr. Barletta further inquired if the city was planning on increasing user fees to make up for the short fall in tap fees.  Mr. Barletta stated the total bill for the expansion would be many times greater than the 11 or 12 million of increased debt for the sewer plant expansion because of increased traffic, overcrowding in the schools, etc.  Mr. Barletta stated there were options that had not been considered to reduce the expense of expansion.  He stated some of these options would be to partner with our neighbors to provide sanitary services, scale back the expansion so as not to exceed the capacity of the Diley Road wellfield, and possibly reactivate parts of the old facility.  Mr. Barletta stated before the final reading is passed tonight, he would like Council to consider all of the alternatives and to understand the consequences of their actions.   

 

5.         APPROVAL OF CONSENT AGENDA:  Mr. Postage stated there were two consent agenda items.  Resolution 2003-24R, “A Resolution to designate a preferred alternative for the Diley Road Widening project and the declaration of an immediate necessity and emergency in order to inform ODOT and the public of such designation prior to the December 2003 public meeting,” First Reading, Maxey, and Resolution 2003-25R, “A Resolution to oppose House Bill No. 114 of the Ohio General Assembly relating to prohibition of residency requirements,” First Reading, Parker.  Mr. Maxey moved to approve; Mr. Parker 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 October 16th, and the minutes have been distributed.  He stated he would answer any questions.    

 

            B.         FINANCE COMMITTEE.  Mr. Wright stated Finance Committee met on October 29th, and the minutes have been distributed.  He stated he would be glad to answer any questions. 

 

            C.        RULES.  Mr. Maxey stated Rules Committee had met and unfortunately the sponsors of proposed legislation were unable to attend the meeting so those items would be carried over for the next meeting. 

 

7.         REPORTS:

 

A.        MAYOR.  Mr. Postage stated the monthly Mayor’s Court report had been distributed.  He further stated he had spoken to the Pickerington North Girl’s Volleyball team, and he had attended the Book Fair today at Ridgeview Junior High School.     

 

B.         LAW DIRECTOR.  Mr. Mapes stated with regard to Ordinance 2003-94, Item 8.D. on the agenda, this is a compromise ordinance dealing with our right-of-way rates.  He stated they have been appealed to the PUCO and we are in the same situation as many other communities, and this could take a number of years to work its way through the court system as Toledo and Dayton are under appeal right now.  He stated in dealing with the utilities we have come up with a rate that will allow us to keep functioning, provide some revenue, and keep the law in place.  He stated further this will resolve the PUCO cases that we have on a temporary basis. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she would like to acknowledge Mr. Frank Hersch, the new Fairfield County Health Commissioner, who is present this evening.  She stated she would request three readings on the appropriation ordinance on tonight’s agenda as the Street Department needs to have an increase in their budget.  She further stated the ordinance regarding the $200,000 sewer bond anticipation notes is a renewal of an old issue, and since it is due in mid-January she is bringing it forward now.     

   

D.        MANAGER.  Mrs. Bushman stated the Manager’s Report had been distributed and she would answer any questions.  

 

8.         PROCEDURAL READINGS:

 

A.        ORDINANCE 2003-91, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH STILSON CONSULTING GROUP, LLC, FOR ENGINEERING SERVICES FOR THE HILL ROAD CONNECTOR, PHASE IB (CIP NO. 00-03-010) AND PHASE II (CIP NO. 97-03-012),” First Reading, Maxey.  Mr. Maxey moved to adopt; Mr. Parker seconded the motion.  Mr. Maxey stated this was for engineering services on the portion of the Hill Road Connector from Hill Road to Center Street.  He stated the purchase of the bus property is on the agenda tonight for a third reading so we are moving forward.  Mr. Maxey stated this is a long term planning project that has been on the CIP for several years.  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.  

 

B.         ORDINANCE 2003-92, “AN ORDINANCE AMENDING THE 2003 APPROPRIATION ORDINANCE 2002-142,” First Reading, Wright.  Mr. Wright moved to adopt; Mr. Fox seconded the motion.  Mr. Wright stated as Mrs. Fersch had indicated he would request three readings this evening.  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.  Mr. Wright moved to suspend the rules for the purpose of three readings; Mr. Fox seconded the motion.  Roll call was taken with Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Fox, Mr. Shaver, Mr. Maxey, and Mrs. Riggs voting “Yea.”  Suspension of Rules passed, 7-0.  Second Reading.  Mr. Wright moved to adopt; Mr. Fox 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.  Third Reading.  Mr. Wright moved to adopt; Mr. Fox 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. 

 

C.        ORDINANCE 2003-93, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $200,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO THE SANITARY SEWER SYSTEM OF THE CITY,” First Reading, Wright.  Mr. Wright moved to adopt; Mr. Parker seconded the motion.  Mr. Wright stated Mrs. Fersch had addressed this item and it is a renewal.  He stated we are paying $100,000 on this note which leaves the remaining $200,000.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. Shaver, Mr. Maxey, Mr. Sabatino, Mr. Fox, and Mr. Wright voting “Yea.”  Motion passed, 7-0. 

 

D.        ORDINANCE 2003-94, “AN ORDINANCE TO AMEND ORDINANCE 2003-36 RELATIVE TO USE OF THE CITY’S RIGHTS-OF-WAYS,” First Reading, Fox.  Mr. Fox moved to adopt; Mr. Wright seconded the motion.  Mr. Fox stated this is the legislation Mr. Mapes had spoken to changing the rates we are charging utilities for use of our rights-of-ways.  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. 

 

E.         RESOLUTION 2003-24R, “A RESOLUTION TO DESIGNATE A PREFERRED ALTERNATIVE FOR THE DILEY ROAD WIDENING PROJECT AND THE DECLARATION OF AN IMMEDIATE NECESSITY AND EMERGENCY IN ORDER TO INFORM ODOT AND THE PUBLIC OF SUCH DESIGNATION PRIOR TO THE DECEMBER 2003, PUBLIC MEETING,” First Reading, Maxey.  Mr. Maxey moved to approve; Mr. Parker 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)

 

F.         RESOLUTION 2003-25R, “A RESOLUTION TO OPPOSE HOUSE BILL NO. 114 OF THE OHIO GENERAL ASSEMBLY RELATING TO PROHIBITION OF RESIDENCE REQUIREMENTS,” First Reading, Parker. Mr. Maxey moved to approve; Mr. Parker 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)

 

G.        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),” Second Reading, Parker.  Mr. Parker moved to adopt; Mr. Fox seconded the motion.  Mr. Parker stated this needs to be moved forward so ODOT can proceed with the study and he would, therefore, request the third reading this evening so they can get started.  He stated he felt we wanted to get this study under way as quickly as we can.  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. Parker moved to suspend the rules for the purpose of a third reading; Mr. Wright 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. Parker 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. 

 

9.         LEGISLATIVE READINGS:

 

A.        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,” Third Reading, Fox.  Mr. Fox moved to adopt; Mrs. Riggs seconded the motion.  Mr. Sabatino stated he still felt this was unnecessary legislation.  Mr. Wright stated he shared many of Mr. Sabatino’s objections, however, he also felt it was important to do what we can to preserve the history of the community.  He stated he hoped if we found we had created some sort of hardship for property owners who are placed on this registry that Council would act to correct that situation.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Fox, Mr. Maxey, Mr. Shaver, Mrs. Riggs, Mr. Parker, and Mr. Wright voting “Yea.”  Motion passed, 6-1.

 

B.         ORDINANCE 2003-84, “AN ORDINANCE ADOPTING A CAPITAL IMPROVEMENTS PLAN (CIP) FOR 2003-2007 AND AMENDING THE CIP FOR 1998-2002,” Third Reading, Fox.  Mr. Fox moved to adopt; Mr. Parker 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. 

 

C.        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,” Third Reading, Fox.  Mr. Fox moved to adopt; Mr. Maxey seconded the motion.  Roll call was taken with Mrs. Riggs and Mr. Shaver voting “Nay,” and Mr. Fox, Mr. Wright, Mr. Maxey, Mr. Sabatino, and Mr. Parker, voting “Yea.”  Motion passed, 5-2.

 

D.        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.,” Third Reading, Fox.  Mr. Fox moved to adopt; Mr. Wright seconded the motion.  Roll call was taken with Mrs. Riggs and Mr. Shaver voting “Nay,” and Mr. Fox, Mr. Wright, Mr. Maxey, Mr. Sabatino, and Mr. Parker voting “Yea.”  Motion passed, 5-2. 

 

E.         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),” Third Reading, Maxey.  Mr. Maxey moved to adopt; Mr. Wright seconded the motion.  Roll call was taken with Mrs. Riggs and Mr. Shaver voting “Nay,” and Mr. Fox, Mr. Wright, Mr. Parker, Mr. Maxey, and Mr. Sabatino voting “Yea.” Motion passed, 5-2. 

 

F.         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,” Third Reading, Fox.  Mr. Fox moved to adopt; Mr. Wright seconded the motion.  Mr. Fox moved to amend by substitution with the ordinance council had been provided; Mr. Wright seconded the motion to amend.  Roll call was taken with Mr. Shaver and Mrs. Riggs voting “Nay,” and Mr. Sabatino, Mr. Wright, Mr. Parker, Mr. Fox, and Mr. Maxey voting “Yea.”  Motion to amend passed, 5-2.  Mr. Fox stated the amended ordinance provided to council adds the not to exceed amount of the loan and states a copy of the loan application agreement will be attached to the ordinance.  Roll call was taken on the ordinance as amended with Mrs. Riggs and Mr. Shaver voting “Nay,” and Mr. Fox, Mr. Wright, Mr. Parker, Mr. Maxey, and Mr. Sabatino voting “Yea.”  Motion passed, without emergency, 5-2. 

 

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. Maxey 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 8:00 P.M., November 4, 2003.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

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Louis V. Postage, Mayor