PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, MAY 18, 2004

 

PUBLIC HEARING

7:20 P.M.

 

OPEN DISCUSSION REGARDING PROPOSED ZONING TEXT AMENDMENT CONCERNING STORAGE BUILDINGS (SHEDS)

 

 

Mayor Shaver opened the public hearing at 7:20 P.M., with the following council members present:  Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Parker, Mr. Sabatino, and Mr. Wisniewski.  Others present were:  Frank Wiseman, Lynda Yartin, Ann Ellis, Bob Mapes, Commander Steve Annetts, Mike Maurer, Patti Wigington, and others.

 

Mayor Shaver asked if there were any comments from the public, either for or against, the proposed Zoning Text Amendment.  There were no comments. 

 

There being no comments, Mayor Shaver declared the public hearing closed at 7:25 P.M., May 18, 2004.

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

____________________________________

David Shaver, Mayor

PICKERINGTON CITY COUNCIL

                                                  TUESDAY, MAY 18, 2004

                                         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 18, 2004, at City Hall.  Mayor Shaver called the meeting to order at 7:30 P.M.  Roll call was taken as follows:  Mr. Wright, Mr. Hackworth, Mr. Parker, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present. No members were absent.  Others present were: Frank Wiseman, Lynda Yartin, Ann Ellis, Commander Steve Annetts, Bob Mapes, Pastor Jeff Myers, Tony Barletta, Patti Wigington, Mike Maurer, Tony Dill, Patrick George, Tory Kramer, Rick Wright, Dave England, Jeff Fix, Ann Lisk, Susan Lentz, Stephanie Brobst, and others.  Pastor Myers delivered the invocation.  

 

2.         A.        APPROVAL OF MINUTES OF MAY 4, 2004, PUBLIC HEARING REGARDING PROPOSED 2005 TAX BUDGET.  Mrs. Riggs moved to approve; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Parker abstaining, and Mr. Sabatino, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, Mr. O’Brien, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

B.         APPROVAL OF MINUTES OF MAY 4, 2004, REGULAR MEETING.  Mr. Sabatino moved to approve; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Parker abstaining, and Mr. Sabatino, Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.

 

3.         APPROVAL OF AGENDA.  Mr. Parker moved to approve; Mr. Wright seconded the motion.  Mr. Hackworth moved to amend the agenda to reflect Item 8.G. as Ordinance 2004-36 in lieu of Resolution 2004-19R; Mr. O’Brien seconded the motion to amend. Mr. Hackworth stated there was no change to the body of the ordinance, it had just been given a resolution number instead of an ordinance number.  Roll call was taken on the motion to amend with Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion to amend passed, 7-0.   Roll call was taken on the agenda as amended with Mr. Wisniewski, Mr. Hackworth, Mr. Parker, Mr. Wright, Mr. O’Brien, Mrs. Riggs, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0.

 

4.         COMMUNITY COMMENTS:  

 

A.        Ann Lisk, 9 Hill Road.  Mrs. Lisk stated she would like to address Council regarding some problems she has been experiencing with her property at 45 Hill Road where her parents reside.  She stated the property next to her is vacant and for the past two years she has been calling on this property.  She stated the property has not been mowed yet this year and the weeds are four feet high and higher, there is standing water where ducks are actually swimming, there is trash, and there are groundhogs.  Mrs. Lisk continued that the owner has not mowed the property in the last two years, and it channels water from that property onto hers.  Mrs. Lisk stated they cannot use their property to cook out or anything because of the problems caused by the water.  Mrs. Lisk stated she spoke to the Building Department last year and again this year, but nothing has been done.  She stated she has also contacted the health department and they will come out when the mosquitoes are out.    Mrs. Lisk stated further there is a low area on Hill Road and she thought it was the City who put in a 10-inch pipe to drain the water off of Hill Road, however, the problem is that the pipe directs the water right onto the vacant property where it then runs onto her property.  Mrs. Lisk stated she would like to have someone contact the owner or somehow get the property taken care of.  She stated she does not know who the owner of the property is.  Mr. Mapes stated we have a provision where upon notice to an owner to cut weeds, if they are not cut, the City can cause them to be cut and bill the owner for that.  He stated further if the City has to have the lot cleaned up because of trash and debris, the owner can also be billed for that.  If they do not pay for this, it can be put on the tax duplicate of the property.  Mr. Wiseman stated he would see if a notice has been sent to the owner as yet this year.  Mr. Mapes stated the City has been dealing with this problem for the past two years, we have notified the owner and when nothing was done, the City has cut the weeds, and the owner has paid the bill.  Mr. Wright stated we need to make sure the City is on top of these things and gets them taken care of.  Mr. Wiseman stated he would like to meet with Mrs. Lisk and if she would call him tomorrow he will see what can be done.  

 

B.         John Darby, 310 Diley Road.  Mr. Darby stated he would like to address Council regarding the proposed widening of Diley Road.  Mr. Darby stated he was present tonight representing several residents on Diley Road and they have some very strong feelings about this project.  Mr. Darby stated they would like to request Council adopt the avoidance alternative for the alignment of Diley Road.  He stated this would have the least adverse effect on their properties, it would create more interest and attention to Diley Road in that it would add curves, and it would avoid making Diley Road a drag strip from S.R. 256 to Rt. 33.  Mr. Darby stated they also felt that a four lane highway with a turn lane in the middle and a speed limit of 45 MPH would require a lot of enforcement.  Mr. Darby stated Service Committee has scheduled a meeting on May 24th at 6:00 P.M. to hear their concerns, and they know they must voice their concerns very strongly.  Mr. Darby stated he hoped other members of Council would attend this meeting so they can hear all of the concerns as well.   

 

Mr. Hackworth stated Service Committee will have the engineer at that meeting on May 24th, and they will have the alternative plans available so the Committee can review them. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there was one consent agenda item this evening, Resolution 2004-18R, A Resolution to consent to the Village of Canal Winchester providing sanitary sewer service to The Lighthouse Free Methodist Church.  Mr. Hackworth moved to approve; Mr. Parker seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 7-0.  

 

6.         COMMITTEE REPORTS:  

 

            A.        SAFETY COMMITTEE.  Mr. Wisniewski stated Safety Committee met May 3, 2004, and the minutes have been distributed.  He stated the extension of the refuse collection contract was forwarded from that meeting for tonight’s agenda.  Mr. Wisniewski stated the Committee had also discussed speed limits and traffic safety issues.  Mr. Wisniewski stated the Committee had approved the restriction of “No Right Turn on Red” from S.R. 204 onto S.R. 256 during the hours of 6:30 A.M.- 9:00 A.M., Monday through Friday.  Mr. Wisniewski stated he would answer any questions anyone may have.  Mr. Hackworth stated he had received a call regarding a raccoon that was acting like it had distemper.  He stated it appears that we do not have a policy of handling situations like this, and the resident had contacted our Police Department and also contacted the Fairfield County Animal Control and was told they do not take care of that type of problem.  Mr. Hackworth stated he felt we should have some procedure for people to follow in cases like this.  Mr. Mapes stated City personnel can deal with this type of problem in the park, however, they are not authorized to go onto private property or anything like that.  Mr. Wiseman stated the City does not have anyone who is trained to handle wild or sick animals.  Mr. Sabatino stated most people would not know who to call, and perhaps we should provide the receptionist at City Hall with a number they can contact.  Mrs. Riggs stated she would recommend this be added to the Safety Committee agenda for their next meeting.  Mr. Wiseman stated he would contact Fairfield County to see if he can find the procedures they would recommend.  Mr. Wright stated the City does contribute funds to the Fairfield County Animal Control annually. 

 

            B.         SERVICE COMMITTEE.  Mr. Hackworth stated Service Committee had met this past Thursday and the minutes have not been distributed as yet.  Mr. Hackworth stated one item from that meeting was just approved on the Consent Agenda.  Mr. Hackworth stated the Ordinance regarding the extension of the building permit moratorium and the Resolution regarding the Diley Road alignment on tonight’s agenda came out of that meeting. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated we are moving along on the selection of a new City Manager and he hoped to make a selection by sometime next week.  Mayor Shaver presented a Certificate of Appreciation to Mrs. Yartin from the Ohio Municipal Clerk’s Association for her service as a member on the Ohio Municipal Clerk’s Association Board of Directors. 

 

B.         LAW DIRECTOR.  Mr. Mapes stated he would ask that Item 8.B., that is on the Table, be addressed if they desire and he would ask for an Executive Session to brief the Mayor and  Council regarding some of the ongoing lawsuits. 

 

C.        FINANCE DIRECTOR.  Mrs. Ellis stated she had nothing to report.   

   

D.        MANAGER.  Mr. Wiseman stated the Manager’s report had been distributed and he would be happy to answer any questions.  Mr. Sabatino ascertained Mr. Wiseman had met with the EPA and they had indicated they would allow us to stress test our current wastewater treatment plant to see what capacity it can actually operate at.  Mr. Wiseman stated the design specifications are for 1.2 million gallons per day, but we would like to see if we can go higher.  Mr. Sabatino clarified the new plant design mirrored our current plant with regard to technology.   Mr. Hackworth stated he had noticed a number of condominiums that have been built out off Long Road, in the Homestead development, and no pavement was on the roads.  He stated he understood no building could take place until the roads are completed.  Mr. Wiseman stated he would check into that and get back with Mr. Hackworth. 

 

Mr. Mapes stated the ordinance awarding the wastewater treatment plant contract to Crace Construction is still on the table, and he would recommend that come off the table and be dealt with rather than letting it just sit there.  Mr. Mapes stated as it appears nothing is going to be done at this time, it would be his recommendation to remove it from the table and either vote it down or whatever.  Mr. Mapes stated further the bid award prices will expire on June 10th.  Mr. Wright clarified this legislation was to award the contract with the deduct of the sand filters, however, the EPA has stated we cannot deduct that feature.  Mr. Parker stated if this legislation dies, then we will lose any steel prices that we would have locked in with the bid.  Mr. Mapes stated that was correct, however, as he had stated the prices will expire on June 10th.   Mr. Parker questioned how long it would take to have this stress test of the plant done so we would know what would have to be done.  Mr. Hackworth stated the study will only set the parameters of what the EPA wants us to do in the stress test, and then they will come back with an estimated cost of doing the stress test.  Mrs. Riggs questioned why this was not put out to bid, and Mr. Wiseman responded the cost of the proposal for setting up the test was approximately $4,000.  He stated if the proposal that is approved by the EPA is more than $25,000 it will be put out for bids. 

 

Mayor Shaver presented a proclamation recognizing World War II veterans, that was accepted by Mr. Dave England on behalf of American Legion Post 283 and all World War II veterans.            

 

8.         PROCEDURAL READINGS:

 

A.        ORDINANCE 2003-102, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH STILSON CONSULTING GROUP, LLC, FOR ENGINEERING SERVICES FOR COURTRIGHT ROAD, PHASE III,” First Reading, Parker.  (TABLED)

 

B.         ORDINANCE 2004-30, “AN ORDINANCE TO ENACT SECTION 1442.04 OF THE PICKERINGTON CODIFIED ORDINANCES RELATIVE TO BUILDING PERMIT TRANSFERS AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY IN ORDER TO HAVE THE CHANGES IN PLACE BEFORE THE NEXT GROWTH PLAN LOTTERY ON MAY 10, 2004,” First Reading, O’Brien.  (TABLED)  Mr. O’Brien moved to remove from the Table; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.”  Motion passed, 7-0.  Mr. O’Brien moved to adopt; Mrs. Riggs seconded the motion.  Mr. O’Brien stated this would allow builders to transfer building permits for a $60 fee.  Mayor Shaver stated at the request of the BIA the effective date of the growth management legislation was extended from May until August, and in that time developers obtained hundreds of building permits and there are approximately 300 building permits currently outstanding that they have not yet used.  Mayor Shaver stated this would allow them to transfer those permits to other builders if they so desired.  Mr. Wisniewski stated he could not support this legislation.   Mayor Shaver stated one concern was that if the permits were returned, the City would have to refund the fees that were paid.  Mr. Mapes clarified that at the time you apply for a building permit you pay a non-refundable fee of $126.50 for plans review.  He stated additionally once the permit is granted you pay the impact fees and water and sewer capacity fees, which total about $7,000.  Mr. Mapes stated for the outstanding 300 permits these fees have been paid and if those permits lapse the City would have to refund it to the developer.  Mr. Mapes stated further permits are issued for particular lots with a specific type of house, and currently we do not have the ability to allow the transfer of the permit for another lot or type of house.  Mr. Mapes stated this would not create any new permits, it would just use the permits that are there in a more efficient way.  Mr. Wright stated this put him in a difficult situation.  He stated it was no secret what his opinion was of the moratorium, however, the City did not force the developers to go out and buy the permits.  He stated he felt he could vote for one reading on this item, but he could not support suspending the rules or declaring an emergency.  Mayor Shaver stated he felt the emergency language was no longer appropriate as that date has passed and the emergency is not there.  Mayor Shaver stated it was a concern about returning the fees, but he was not sure the City had a legal obligation to return the money.  Mr. Parker stated he would not vote for this because he felt he was duped into voting for the moratorium last year so the Township would also do something, and they have not done anything.  He stated he had voted for a one year moratorium and he would not support relaxing that moratorium or extending it.  Mr. Parker stated the development is still occurring, it is just occurring in the Township.  Mr. Sabatino stated the only thing this would do is to allow a shuffling of permits that were purchased before the lottery or were drawn in the lottery, and he could understand the transfer of permits drawn in the lottery, but not the other ones.  Roll call was taken with Mr. Parker, Mr. Sabatino, and Mr. Wisniewski voting “Nay,” and Mr. Wright, Mr. Hackworth, Mrs. Riggs, and Mr. O’Brien voting “Yea.”  Motion passed, 4-3. 

 

C.        ORDINANCE 2004-34, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT EXTENDING THE CONTRACT WITH WASTE MANAGEMENT OF OHIO, INC. FOR AN EXCLUSIVE LICENSE FOR RESIDENTIAL GARBAGE AND REFUSE COLLECTION,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mrs. Riggs seconded the motion.  Mr. Wisniewski stated this would extend our current contract for two years with a one time increase of three percent.  He further stated this included the recycling that is done at the plant, and approximately 7-1/2 percent of what is collected at the curb is actually recycled.  Mr. Wisniewski stated Waste Management is to be providing guidelines to the residents outlining ways to increase that recycling figure.  Mr. Wisniewski stated Waste Management was the only contractor that provides the curbside recycling we have had for the past several years rather than have the residents put out separate bins and having two trucks coming through, one for recycling and one for normal garbage collection.  Mr. Wright stated historically Waste Management has been one of the lowest bidders.  Mr. Sabatino stated he had spoken to several residents and they all seem very happy with the service they have been receiving from Waste Management.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 7-0. 

 

D.        ORDINANCE 2004-35, “AN ORDINANCE AMENDING THE PICKERINGTON CODIFIED ORDINANCES REGARDING STORAGE BUILDING REGULATIONS,” First Reading, O’Brien.  Mr. O’Brien moved to adopt; Mr. Wisniewski seconded the motion.  Mr. O’Brien stated a public hearing on this ordinance was held prior to tonight’s meeting.  Mr. O’Brien stated the major changes were the delineation between buildings greater than 120 square feet and buildings less than 120 square feet and their appropriate foundations, as well as, the number of storage buildings permitted on residential properties.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 6-1. 

 

E.         RESOLUTION 2004-17R, “A RESOLUTION TO REAFFIRM COUNCIL’S DESIGNATION OF A PREFERRED ALTENRATIVE FOR THE DILY ROAD WIDENING PROJECT,” First Reading, O’Brien.  Mr. O’Brien moved to adopt; Mr. Wisniewski seconded the motion.  Mr. O’Brien stated Council has been asked to reaffirm their position on the widening of Diley Road.  Mr. O’Brien stated this was in Service Committee last week and the Committee felt it would be better to bring it to Council and debate it as there were some issues raised by residents and, as Mr. Hackworth had mentioned earlier, a meeting has been scheduled next week to discuss those concerns.  He continued that for the purposes of keeping this on track he would ask for the first reading this evening and it can be amended later if necessary.  Mr. Sabatino stated he felt each resident who would be impacted should be dealt with individually.  Mayor Shaver stated he would just point out that no matter what position the City decided to take, they would make someone unhappy, and if the City did not do projects unless everyone was happy with it, we would be at a standstill.  Mayor Shaver stated sometimes decisions must be made that not everyone is happy with.  Mr. Hackworth stated this project has been in process for many years and it is an extremely important project for the transportation needs of this City.  He stated the meeting Service Committee had scheduled would allow the residents to voice their concerns and see if those concerns can be addressed.   Mr. Wright clarified the alternative in this resolution required the least right-of-way acquisition.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Parker, Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-1. 

 

F.         RESOLUTION 2004-18R, “A RESOLUTION TO CONSENT TO THE VILLAGE OF CANAL WINCHESTER PROVIDING SANITARY SEWER SERVICE TO THE LIGHTHOUSE FREE METHODIST CHURCH,” First Reading, Hackworth.    Mr. Hackworth moved to approve; Mr. Parker seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 7-0.   (CONSENT AGENDA ITEM)

 

G.        ORDINANCE 2004-36, “AN ORDINANCE TO ENACT A REVISED GROWTH MANAGEMENT PLAN FOR THE ISSUING OF BUILDING PERMITS,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated there are approximately 300 building permits still out there, if none have expired, and there were 129 applications not chosen in the last lottery.  Mr. Hackworth stated if the moratorium is not extended we could possibly be facing well over 400 building permits by the end of the year.  Mr. Hackworth stated since we are in the process of contracting for a comprehensive plan, and a portion of that will be developing a growth management plan, he felt we should continue the moratorium while that is taking place.  Mr. Wright stated this is basically an extension of the moratorium we are already being sued on, with minor changes.  Mr. Mapes stated this is listed as a revised plan, not as an extension.  Mr. Wright inquired if special counsel had provided recommendations on this ordinance, and Mr. Mapes stated he would address that issue during Executive Session.  All of Council concurred and requested the vote on this item be delayed until after Executive Session.  Mayor Shaver stated as the Executive Session may by lengthy it would be best if the Procedural and Legislative Readings on the agenda were completed prior to the Executive Session.  All of Council concurred. 

 

H.        ORDINANCE 2004-27, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CRACE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE WASTEWATER TREATMENT PLANT EXPANSION PROJECT (CIP NO. 0302005),” Second Reading, Hackworth. (TABLED)  Mr. Hackworth moved to remove from the Table; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Sabatino, Mr. Wisniewski, Mr. Parker, and Mrs. Riggs voting “Yea.”  Motion passed, 7-0.  Mr. Hackworth moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Sabatino abstaining, and Mr. Wright, Mr. Hackworth, Mrs. Riggs, Mr. O’Brien, and Mr. Wisniewski voting “Nay,” and Mr. Parker voting “Yea.”  Motion failed, 5-1.

 

I.          ORDINANCE 2004-32, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $2,000,000 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 CONSTRUCTING THE NORTHERN EXTENSION TO DILEY ROAD,” Second Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 7-0.

 

9.         LEGISLATIVE READINGS:

 

A.        ORDINANCE 2004-28, “AN ORDINANCE TO ENACT CHAPTER 250 OF THE PICKERINGTON CODIFIED ORDINANCES RELATIVE TO AN ETHICS POLICY FOR ELECTED OFFICIALS AND EMPLOYEES OF THE CITY,” Third Reading, Wright/Riggs/Hackworth/Sabatino/Wisniewski/Parker/O’Brien/Mayor Shaver.  Mr. Wright moved to adopt; Mr. O’Brien seconded the motion.  Mr. Sabatino clarified that once this was enacted, a training session would be coordinated for Council.  Mr. Mapes stated he has been in contact with the Ethics Commission and they prefer to have an audience of at least 40 people.  Mr. Mapes stated if we do not have that number within our own staff, the Village of Baltimore and Violet Township have both expressed interest in being able to have their people attend.  Mr. Mapes stated it is just a matter of coordinating the session.  Mr. Mapes stated he can start on coordinating the session once the third reading is complete, however, as we are moving into the summer season, it may be a good idea to schedule the session for September so all vacations and such are completed.  Mrs. Riggs stated as long as we have a date, then people can plan around that.  Mr. Parker stated at the first reading he had mentioned that perhaps the Planning and Zoning Commission members should be included in this ordinance to require they file the disclosure form and at that time everyone seemed to agree with that.  Mr. Parker moved to amend the ordinance to add the requirement that the Planning and Zoning Commission members be required to file the financial disclosure form; Mr. Wright seconded the motion.  Mr. Wright stated as the Planning and Zoning Commission members are volunteers, it should be included that the City will pay their filing fees.  Mrs. Riggs stated as these members are appointed by Council, she felt through the interview process they could determine a conflict of interest or issues like that, so they did not have to be required to file a financial disclosure.  She stated these members did not even meet the guidelines of an employee.  Mr. Mapes stated there are no guidelines for voluntary filings, if Council mandates it, the individuals will be required to file.  Mr. Mapes stated if they do not want to file the form, they do not have to accept the appointment, just as if the employee does not want to file the form, they can quit their jobs.  Mayor Shaver stated perhaps all Board and Commission members should be included.  Mr. Parker stated that may be a good idea because if we were going to do this, we should do it right.  Mrs. Riggs stated she was not sure about adding a volunteer to this requirement.  Mr. Wright stated if we were going to start adding a lot of board and commission members to this perhaps it should be Tabled and brought back at the next meeting.  Mr. Hackworth stated he agreed with Mr. Wright, if we were going to start adding commissions and board we should just table it and bring it back in a final form.  Mr. Wright moved to Table; Mr. Sabatino seconded the motion.  Mr. Mapes stated there is a motion to amend on the floor, and that must be dealt with before dealing with other motions.  Mr. Parker stated he would like to have this passed tonight with just the addition of Planning and Zoning Commission members and if we want to amend it later to add other Board and Commission members we can do that.  Mrs. Riggs stated she did not know to what degree the Planning and Zoning Commission members would be required to file since they do not receive a salary.  Mr. O’Brien stated he agreed adding the Board and Commission members was a good idea, but he felt it should be dealt with separately as they are not paid positions.  Mr. O’Brien stated the Rules Committee could then bring forth a new piece of legislation that dealt with the unpaid positions.  Mr. Parker stated he felt Planning and Zoning Commission members should be added because they are the first ones that deal with any residential development coming into the City.  Roll call was taken on the motion to amend with Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, and Mr. Hackworth voting “Nay,” and Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.”  Motion to amend failed, 4-3.  Roll call was taken on the motion to Table with Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, Mrs. Riggs, and Mr. Parker voting “Nay,” and Mr. Sabatino and Mr. Wright voting “Yea.”  Motion to Table failed, 5-2.  Mr. Sabatino moved to amend to add the requirement that all volunteer Board and Commission members be required to file the financial disclosure form; Mr. Parker seconded the motion.  Mr. Wright stated he felt there seemed to be a rush to pass this tonight.  Mr. Dave England, 97 Meadow Drive, stated he felt this was foolhardy.  Mr. England stated these are unpaid volunteers and they are already under the ethics code of the State of Ohio, and he urged Council to get back to the original ordinance.  Mr. Wisniewski stated the majority of items that come out of those Boards and Commissions come to Council and any issues should be taken care of by Council.  Mr. Sabatino stated Council does not vote on anything out of the Board of Zoning Appeals.  Roll call was taken on the motion to amend with Mr. Wisniewski, Mr. Wright, Mr. O’Brien, Mr. Hackworth, and Mrs. Riggs voting “Nay,” and Mr. Sabatino and Mr. Parker voting “Yea.”  Motion to amend failed, 5-2.  Roll call was taken on the third reading with Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0. 

 

B.         RESOLUTION 2004-16R, “A RESOLUTION TO ADOPT THE 2005 TAX BUDGET TO MEET THE JULY 15, 2004, DEADLINE AS SET FORTH IN THE OHIO REVISED CODE, SECTION 5705.28,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Wright seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0. 

 

10.       MOTIONS:  

 

Mr. Wright moved for an executive session under Section 121.22(G)(3), Conferences with the law director regarding pending or imminent court actions; Mr. Parker seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 7-0. 

 

Council went into executive session at 9:37 P.M., and reconvened in open session at 10:55 P.M.

 

ORDINANCE 2004-36, “AN ORDINANCE TO ENACT A REVISED GROWTH MANAGEMENT PLAN FOR THE ISSUING OF HOUSING PERMITS.”  Mr. Hackworth moved to Table; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 7-0.  (TABLED)

 

11.       OTHER BUSINESS:  No other business was brought forward.     

 

12.       ADJOURNMENT. There being nothing further, Mr. Wright moved to adjourn; Mr. Wisniewski seconded the motion.  Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, and Mr. Parker voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 10:58 P.M., May 18, 2004.

 

RESPECTFULLY SUBMITTED: 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

___________________________________

David Shaver, Mayor