PICKERINGTON CITY COUNCIL

TUESDAY, AUGUST 2, 2011

CITY HALL, 100 LOCKVILLE ROAD

REGULAR MEETING

7:30 P.M.

1. ROLL CALL AND PLEDGE OF ALLEGIANCE. Council for the City of Pickerington met for a regular session Tuesday, August 2, 2011, at City Hall. Mayor O’Brien called the meeting to order at 7:30 P.M. Roll call was taken as follows: Mr. Barletta, Mr. Blair, Mr. Fix, Mrs. Hammond, Mrs. Sanders, Mr. Sauer, Mr. Wisniewski, and Mayor O’Brien were present. No members were absent. Others present were: Bill Vance, Lynda Yartin, Chris Schornack, Chief Mike Taylor, Phil Hartmann, Ed Drobina, Greg Bachman, Joe Henderson, Chet Hopper, Justin Barker, Gary Weltlich, Rocco Sabatino, Mike Sabatino, Pete Messmer, Andrew Russ, Carol Carter, Jim Brink, Nate Ellis, and others.

2. A. APPROVAL OF MINUTES OF JULY 19, 2011, PUBLIC HEARING REGARDING PROPOSED REZONING AND FINAL DEVELOPMENT PLAN OF THE GILLILAN PROPERTY. Mr. Fix moved to approve; Mr. Sauer seconded the motion. Roll call was taken with Mr. Blair and Mrs. Sanders abstaining and Mr. Barletta, Mrs. Hammond, Mr. Wisniewski, Mr. Sauer, and Mr. Fix voting “Yes.” Motion passed, 5-0.

B. APPROVAL OF MINUTES OF JULY 19, 2011, REGULAR MEETING. Mr. Fix moved to approve; Mr. Sauer seconded the motion. Roll call was taken with Mr. Blair and Mrs. Sanders abstaining and Mr. Barletta, Mr. Fix, Mr. Sauer, Mrs. Hammond, and Mr. Wisniewski voting “Yes.” Motion passed, 5-0.

3. COMMUNITY COMMENTS.

A. Mr. Mike Sabatino. Mr. Sabatino stated he was present this evening to inform Council of some issues with the Violet Festival. Mr. Sabatino stated although the City had nothing to do with what happened he felt it might be in everyone’s best interest if the City would look at some way to ensure that the first amendment situation that occurred at this Violet Festival did not happen again in the future. He stated the next two individuals speaking would provide more details.

B. Mr. Andrew Russ. Mr. Russ stated he is a resident of Pickerington and he is an attorney with offices in Columbus. Mr. Russ stated he has been working with the Pickerington Patriots group on a pro bono basis and help them put their group together. He continued that one of the issues facing our community was the school levy and some people in the group wanted to print up some flyers about their position in the levy and go to the Violet Festival and stand on public property and hand them out. Mr. Russ stated he understood one of the members of the group was asked to leave the Violet Festival. Mr. Russ stated Mr. Sabatino had contacted him and indicated he wanted to speak about this issue at Council this evening so he had said he would come as well. Mr. Russ stated one thing he would propose to Council in the future is, as there are a lot of politically active groups in Pickerington, perhaps they can sit down and figure out a way to ensure that everyone has a free speech right on public property and in a public forum at appropriate times and within a reasonable manner. Mr. Russ stated his concern as both an attorney and a resident is that we have some kind of policy that ensures any kind of group or individual who wants to exercise their first amendment political free speech rights can do so in a manner consistent with community values and the law. Mr. Russ stated if the City wants the law firm that represents Council to contact him he would be glad to sit down and help put together some guidelines that would ensure everyone would have free speech rights in a reasonable and legal manner.

C. Mr. Pete Messmer. Mr. Messmer stated he and his wife have lived in Pickerington for 18 years and they have 8 children. Mr. Messmer stated he was not in the Violet Festival; he did not even pay money to get in. He stated he was standing out in an alley when an individual from the Violet Festival came out in a golf cart and told him he had to leave because he was not allowed to pass out information at the Violet Festival. He stated he told them he was not in the Violet Festival and he was still told he had to leave. He stated this took place in the alley right at the entrance by the square at the Carnegie building. He stated one of the individuals in the cart actually jumped off the cart and came up to him which was a little intimidating. Mr. Messmer stated he did not understand why he had to leave because if he was on the street he thought he could pass out the flyers, and he felt it was important that Council knew about this. Mr. Messmer stated, in addition, this morning some children were holding up signs regarding the levy and he was amazed at the adults language and gestures to these children because they did not agree with their signs.

Mayor O’Brien stated an after action meeting with the Violet Festival Board is coming up and the City will be attending that and he hoped the City would be able to work with them to ensure they work with their volunteers to perhaps understand their roles a little better and not represent themselves as officials of the City. Mayor O’Brien stated perhaps our law director will have some material we can provide to the Festival organizers going forward to help make sure we do not have this type of situation in the future.

D. Mr. Rocco Sabatino. Mr. Sabatino stated he would like to speak to the Council again this evening regarding Resolution 2011-14R, the Joint Planning Agreement with Violet Township. Mr. Sabatino stated he spoke against this agreement at the last meeting and he still feels it is totally unnecessary because any time the Township wants a filed application it is public record and they can obtain that simply by calling or sending someone over to pick it up. Mr. Sabatino stated we do not need a new contract over which you can be sued over and quite frankly it was the Trustees that sued you before and now you’re thinking of entering this contract with them. Mr. Sabatino stated if there is a new sense of trust and cooperation you do not need a written contract to hold you to it. Mr. Sabatino stated this is simply adding a new district over everyone’s home and creating a new layer of bureaucracy. Mr. Sabatino stated if he wants to do something with the City, he wants to deal with the City and only the City. He stated likewise if he wanted to do something in the Township, he wanted to deal with the Township and only the Township. Mr. Sabatino stated if he were going to talk to Columbus, they wouldn’t send it out to Madison Township; other areas are not doing this. Mr. Sabatino further stated with Commissions such as this one, they want to add on things, things that cost the developer money, and he did not see where this would do anything to reduce the cost of a project; he could only see it adding cost and time and a new layer of bureaucracy. Mr. Sabatino stated he would urge Council to vote no on this, it is not necessary, the Township won’t be out one iota, and they will not be denied a thing. He stated he wanted to keep Pickerington competitive with other suburbs and other areas.

4. COUNCIL COMMUNICATIONS. Mrs. Hammond stated a few months ago, she, Mr. Vance and Helen Mayle had visited Circleville to speak with the organizers of the Pumpkin show. She stated it was a productive meeting and they had agreed to provide some of their ordinances they have that they use in conjunction with events that go on in the City. She stated Mr. Vance has received those ordinances and perhaps they can be referred to a committee this evening as she felt it would be very timely for us to look at them and see if there is something we can use.

Mr. Barletta stated the PATCH organization, Parents Addressing Teen Challenges, is having a Save our Youth 3K walkathon and run on Saturday, August 20, at 9:00 A.M., at the Glacier Knoll picnic area at Bowen Road. He stated the PATCH organization was organized by parents who had trouble with their teens and their mission is to try to help other families who have teens that get in trouble with the law and try to teach them there are ways other than violence, other than drugs, and try to have better outcomes for kids that do get into trouble. He stated if anyone is available on that day they were invited to join the walkathon, but he would be walking and he would accept their sponsorship.

5. APPROVAL OF CONSENT AGENDA. Mayor O’Brien stated there was one consent agenda items this evening, Resolution 2011-17R, “A Resolution authorizing the City Manager to apply for Ohio Public Works Commission (OPWC) emergency funds and regular grant funds for the S.R. 256 storm sewer lining.” Mr. Fix moved to adopt; Mrs. Sanders seconded the motion. Roll call was taken with Mr. Barletta, Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Blair, Mrs. Sanders, and Mr. Sauer voting “Yes.” Motion passed, 7-0.

6. APPROVAL OF AGENDA. Mr. Fix moved to approve; Mr. Blair seconded the motion. Roll call was taken with Mrs. Sanders, Mr. Fix, Mr. Blair, Mrs. Hammond, Mr. Sauer, Mr. Barletta, and Mr. Wisniewski voting “Yes.” Motion passed, 7-0.

7. REPORTS:

A. MAYOR. Mayor O’Brien stated he had no report this evening.

B. LAW DIRECTOR. Mr. Hartmann stated he would provide samples of policies regarding first amendment rights to whatever Committee this issue was referred to should Council decide to go that way.

C. FINANCE DIRECTOR. Mr. Schornack stated everyone had received the Income Tax Report for July and we are remaining consistent with last month and are up 2.8 percent. He stated the County Budget Commission met on Monday and we received word that for 2011/2012 the State was able to come up with additional funds and we should receive about the same allocation on our Local Government Funds as we did in the current year. Mr. Fix clarified that we budgeted roughly $320,000 and the County received an allocation of an additional $400,000 which will put everyone pretty much at the same level they are at in the current year so there will be no impact to the budget at this time.

D. SERVICE MANAGER. Mr. Drobina stated he had no report this evening.

E. CITY ENGINEER. Mr. Bachman stated he had no report this evening.

F. CITY MANAGER. Mr. Vance stated he had no additions to his report but would answer any questions.

G. FINANCE COMMITTEE (Mr. Sauer). Mr. Sauer stated he had no report this evening.

H. PUBLIC SAFETY AND COMMUNICATIONS COMMITTEE (Mrs. Hammond). Mrs. Hammond stated the Committee had forwarded no legislation from their meeting to Council agenda.

I. PLANNING, PROJECTS & SERVICES COMMITTEE (Mr. Fix). Mr. Fix stated they also met on July 20th, and they forwarded the legislation on tonight’s consent agenda. He stated they had also forwarded the legislation to adopt the Refugee Road Corridor Study and an amendment to the Code that will update the standards for contractors so residents doing small home improvements will more clearly understand the standards we set for contractors.

8. PROCEDURAL READINGS:

A. ORDINANCE 2011-38, “AN ORDINANCE APPROVING THE REZONING AND FINAL DEVELOPMENT PLAN FOR THE APPROXIMATE 5.82 ACRE GILLILAN PROPERTY FROM C-3 (COMMUNITY COMMERCIAL DISTRICT) TO PC-3 (PLANNED COMMUNITY COMMERCIAL DISTRICT) LOCATED ON THE NORTHEAST CORNER OF THE REFUGEE ROAD AND MILNOR ROAD INTERSECTION,” First Reading, Planning, Projects & Services Committee. (TABLED, 07/19/11)

B. ORDINANCE 2011-39, “AN ORDINANCE AMENDING THE 2011 APPROPRIATION, ORDINANCE 2010-91,” First Reading, Finance Committee. Mr. Sauer moved to waive the requirement in Charter Section 2.05(C) that the ordinance be read on three separate meeting days; Mr. Fix seconded the motion. Roll call was taken with Mrs. Sanders, Mrs. Hammond, Mr. Sauer, Mr. Barletta, Mr. Wisniewski, Mr. Fix, and Mr. Blair voting “Yes.” Suspension of Rules passed, 7-0. Final Reading. Mr. Sauer moved to adopt; Mr. Fix seconded the motion. Roll call was taken with Mr. Barletta, Mr. Fix, Mr. Blair, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yes.” Motion passed, 7-0.

C. ORDINANCE 2011-40, “AN ORDINANCE APPROVING THE ADOPTION OF THE REFUGEE ROAD CORRIDOR STUDY,” First Reading, Planning, Projects & Services Committee. Mr. Fix moved to adopt; Mr. Sauer seconded the motion. Roll call was taken with Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Wisniewski, Mr. Barletta, Mr. Sauer, and Mr. Blair voting “Yes.” Motion passed, 7-0.

D. ORDINANCE 2011-41, “AN ORDINANCE AMENDING SECTION 1444.03(d)(1) OF THE CITY OF PICKERINGTON CODIFIED ORDINANCES ENTITLED, “STANDARDS” FOR CONTRACTOR REGISTRATION,” First Reading, Planning, Projects & Services Committee. Mr. Sauer clarified this is not required by the Ohio Building Code, it is something the City is doing on our own to add a level of protection for the City. Mr. Fix moved to adopt; Mr. Sauer seconded the motion. Roll call was taken with Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, Mr. Barletta, Mr. Blair, Mr. Sauer, and Mr. Fix voting “Yes.” Motion passed, 7-0.

*E. RESOLUTION 2011-17R, “A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR OHIO PUBLIC WORKS COMMISSION (OPWC) EMERGENCY FUNDS AND REGULAR GRANT FUNDS FOR THE S.R. 256 STORM SEWER LINING,” First Reading, Planning, Projects & Services Committee. Mr. Fix moved to adopt; Mrs. Sanders seconded the motion. Roll call was taken with Mr. Barletta, Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Blair, Mrs. Sanders, and Mr. Sauer voting “Yes.” Motion passed, 7-0. (CONSENT AGENDA ITEM)

F. RESOLUTION 2011-14R, “A RESOLUTION BETWEEN THE CITY OF PICKERINGTON AND VIOLET TOWNSHIP, OHIO, APPROVING A JOINT PLANNING AGREEMENT AND AREA,” Second and Final Reading, Planning, Projects & Services Committee. (TABLED, 07/19/11) Mr. Fix moved to Remove from the Table; Mr. Sauer seconded the motion. Roll call was taken with Mr. Blair, Mrs. Hammond, Mr. Sauer, Mrs. Sanders, Mr. Fix, Mr. Barletta, and Mr. Wisniewski voting “Yes.” Motion passed, 7-0. Mr. Wisniewski stated he would like to point out that one of the primary arguments about the need for this was in relation to the number of law suits that have occurred and he would like to point out that this has nothing to do with annexations; it deals with final development of properties. Mrs. Hammond stated she does not have a problem with the agreement, but she did feel the Commission seemed like a useless tool because it did not have any powers. Mr. Fix clarified the Commission that has been talked about is not one that meets regularly but only when asked by the Township or the City and has no authority to hold anything up or make any demands. Mr. Vance stated that was correct, it would be an agency that works on behalf of responsible development activities and seeks to coordinate resolutions and is designed for efficiency, not to slow the process. Mr. Blair clarified the process would still move along even as this commission is meeting. Mr. Vance stated the would provide the ability to get the agencies together and work out any political issues or come up with suitable recommendations to put forward to work together to get things done in the Township, and the City is a part of the Township. Mr. Wisniewski stated in the past when we have done TIFs, such as the Equity land, which was done within the City, at least one Trustee came in to complain that we were doing a TIF against the fire department, it was also against the police department, it was not a school TIF, so if that process comes forward and there is something about it that is not right then they have the right to call this Commission and try and change the terms when we have already dealt with the developer in private. Mr. Wisniewski stated he did not see a need for this and he did believe it was something that would cause more problems than good. Mr. Vance stated anything can be abused, if people want to use it for negative purposes they can and if they want to use it for positive purposes they can, and this is a positive proposal where the City and Township want to work together to expedite responsible development activities. He stated the goal is to make things happen as opposed to create problems. Mr. Sauer stated he views this in a positive light because any time you have two entities sitting down and having a discussion he felt it was better to do that face-to-face than trying to do it in a vacuum or over coffee at a restaurant in town. He stated when you do that you add credibility to the process, you add clarity to the process for the public, and you show people that this is not a back room deal. Mr. Blair stated he just wanted to clarify that if we had a situation such as Mr. Wisniewski identified, Council voted on it and this Commission is still talking about it, it would not be binding on Council but would be a conversation happening outside of that. Mr. Vance stated that was correct, it did not prohibit Council from moving forward. Mr. Barletta stated he would support this as he felt communication up front rather than surprising our neighbors was a positive thing and the Commission would have no power other than to have a conversation and he did not see any negatives. Mayor O’Brien stated he was disappointed the opt out issue was not addressed tonight and he felt if this were going forward an opt out clause would be a very good addition. Mayor O’Brien stated he would ask the law director about Violet Township development in Canal Winchester, would they have to provide the City information on what they are doing with the Village of Canal Winchester. Mr. Hartmann stated as he understood it they would have to provide any development proposal they have that is a part of Violet Township. Mayor O’Brien inquired if this Commission could be convened to discuss development in Canal Winchester and should they be a party to this. Mr. Hartmann stated he was not sure how much of Canal Winchester was in Violet Township but that was a good question. Mr. Hartmann stated the Commission could always invite Canal Winchester to the meeting. Mayor O’Brien further clarified that Canal Winchester may not know about this. Mr. Vance stated this is related to any development or land use applications that are processed by the City of Pickerington or by Violet Township, not applications processed by Canal Winchester.

Mr. Blair questioned if the opt out would apply to individual property owners that did not want to be included in this and Mayor O’Brien stated he would ask Mr. Sabatino to speak to this. Mr. Rocco Sabatino stated he would recommend Council say no to this, but to include an opt out would allow a property owner to withdraw his properties from the agreement. He stated he would ask that Council vote this down before they get in a lawsuit and being as he owns property in both the City of Pickerington and in Violet Township he would be paying for that lawsuit.

Mr. Sauer moved to adopt; Mr. Barletta seconded the motion. Roll call was taken with Mr. Wisniewski and Mrs. Hammond voting “No,” and Mr. Barletta, Mr. Fix, Mr. Blair, Mrs. Sanders, and Mr. Sauer voting “Yes.” Motion passed, 5-2.

9. LEGISLATIVE READINGS: NONE.

10. DISCUSSION. There were no discussion items.

11. REFERRAL TO COMMITTEE. Mayor O’Brien clarified the legislation Mr. Vance had received from Circleville encompassed groups that would like to practice free speech first amendment rights throughout the course of the Pumpkin Festival and designated certain areas where such conduct is appropriate and makes sure everyone co-exists. Mayor O’Brien stated he would refer discussion on this issue to the Public Safety and Communications Committee.

12. OTHER BUSINESS. No other business was brought forward.

13. MOTIONS: There were no motions.

14. ADJOURNMENT. There being nothing further, Mr. Fix moved to adjourn; Mr. Sauer seconded the motion. Mr. Barletta, Mrs. Hammond, Mr. Sauer, Mr. Blair, Mr. Fix, Mr. Wisniewski, and Mrs. Sanders voted “Aye.” Motion carried, 7-0. The meeting adjourned at 8:15 P.M., August 2, 2011.

RESPECTFULLY SUBMITTED:

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Lynda D. Yartin, City Clerk

ATTEST:

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Mitch O’Brien, Mayor