PICKERINGTON CITY COUNCIL

                                                   TUESDAY, JULY 6, 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, July 6, 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. Sabatino, Mrs. Riggs, and Mayor Shaver were present. Mr. Wisniewski was absent.  Others present were: Judy Gilleland, Frank Wiseman, Lynda Yartin, Ann Ellis, Commander Mike Taylor, Bob Mapes, Pastor Karen Burnard, Patti Wigington, Mackenzie Fry, Irene Gilleland, Richard Gilleland, Lance Schultz, Bridget Rubenking, George Hallenbrook, Bill Fannin, Tory Kramer, John Darby, Amy Green, Dennis Boruszewski, Jeanette Boruszewski, Larry Fast, and others.  Pastor Burnard delivered the invocation. 

 

2.         APPROVAL OF MINUTES OF JUNE 15, 2004, REGULAR MEETING.  Mr. Parker moved to approve; Mr. Hackworth seconded the motion.  Mr. Sabatino stated there were some comments made from the audience at the last meeting on Ordinance 2004-41 that were not included in the minutes and he felt they should be included.  Mr. Sabatino moved to Table; Mr. Parker seconded the motion.  Roll call was taken on the motion to Table with Mr. Sabatino, Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mr. Parker, and Mrs. Riggs voting “Yea.”  Motion to Table passed, 6-0.  (TABLED) 

 

3.         APPROVAL OF AGENDA.  Mr. Wright moved to approve; Mr. Parker seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Parker, Mr. Wright, Mr. O’Brien, Mrs. Riggs, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.

 

4.         CITY MANAGER OATH OF OFFICE.  Mayor Shaver administered the Oath of Office to City Manager Judith Gilleland. 

 

5.         COMMUNITY COMMENTS:  

 

A.        Gail Oakes, 7815 Jefferson Drive.  Mrs. Oakes stated she was present as the President of the Pickerington Local School District Board of Education to address Ordinance 2004-43, which would authorize waiving the permit fees for the repair of the roof on Ridgeview Junior High School.  Mrs. Oakes stated she understood there might be some question as to whether Council was authorized to waive these fees, and the School District does not want Council to violate any ordinances.  She stated as she recalled when the ordinance not allowing the wavier of fees was passed, she thought it was in response to sewer and water fees that had been waived for developers, and she felt it might have been overlooked that the school district may need to have some fees waived at some point in time.  She stated she would ask Council to consider what the spirit of that ordinance was so everyone could work in harmony.  She stated it would help the school district if the City could in some way abide by their ordinance, but also grant this waiver.  She stated the money that would be spent on permit fees, which is between $5,000 and $6,000 is quite a bit of money for the school district and would come from the taxpayers.  She stated these are the same taxpayers filling the City’s coffers, and it would be like taking money from one pocket to put in another pocket, and it would only be the taxpayer who would lose out.  Mrs. Oakes stated she would also point out that this is not new construction, it is simply the repair of a roof on a public building that is owned by everyone in the Pickerington School District.   Mayor Shaver stated the question of waiving these fees had come up and had been referred to the Law Director, and Mr. Mapes’ thoughts were that the ordinance applied only to water and sewer fees and not to construction fees. 

 

B.         Dennis Boruszewski, 542 Warwick Lane.  Mr. Boruszewski stated he would like to address the Diley Road issue.  He stated several subdivisions and two schools use Diley Road as their main access, and this is hundreds of homes with hundreds more on the way, on a two lane country road.  Mr. Boruszewski stated this is not the country any more, and like it or not, by virtue of everyone living here we are now a city, and we now have the problems that come with that distinction.  Mr. Boruszewski stated he felt one of our biggest problems was traffic as we can no longer support the traffic all this development has brought upon us.  He stated he supported the widening of Diley Road to five lanes because people need to get to and from work and easier access to Route 33 will provide an alternative way to get out of the City when S.R. 256 is backed up, and the police and fire services need to have a quick and clear shot to the neighborhoods in case there is an emergency.  Mr. Boruszewski stated Diley Road could be made into a three lane road for now, but how long would that last as it will surely need to be made into a five lane road in the near future.  He stated we should do the job once and do it right the first time. 

 

C.        John Darby, 310 Diley Road.  Mr. Darby read a statement regarding the Diley Road project that he asked to be attached to these minutes.  (Attachment 1)

 

D.        Rex Myer, 261 Pearl Lane.  Mr. Myer stated the Diley Road project has been known about for a long time, and in the past ODOT invited the people on Diley Road to a public meeting and they did not show up.  He stated the interchange is going in at Route 33 and ODOT is not going to put traffic out onto a two lane road.  Mr. Myer stated he could not see anything wrong with a five lane road, we need it here, and if the developers did not tell people the road was going in when they sold the homes, they should have. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there were two consent agenda items this evening, Resolution 2004-21R, An amended and restated resolution clarifying “pick-up” and pre-tax contributions to the Ohio Police and Fire Pension Fund (FOP Employees), and Resolution 2004-22R, an amended and restated resolution clarifying “pick-up” and pre-tax contributions to the Ohio Police and Fire Pension Fund (Administrative Employees).  Mr. Wright moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.      

 

6.         COMMITTEE REPORTS:  

 

            A.        FINANCE COMMITTEE.  Mrs. Riggs stated Finance Committee met on June 17th, and the minutes have been distributed.  Mrs. Riggs stated the Committee received a presentation from Seasongood and Mayer regarding an alternative for the borrowing on the $2,000,000 for the northern terminus of Diley Road, and it looked like that would be the alternative we would like to use.    Mrs. Riggs further stated on the agenda this evening is the legislation for the renewal of $330,000 of notes for the police building.     

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated he had participated in the Fourth of July activities and he would like to commend Mr. Steve Carr, Director of Parks and Recreation, for all the work that went into making it a successful event.  Mayor Shaver stated in the past the July Fourth festivities were planned by a group of citizens, however, as the volunteers dwindled, it became necessary for our Parks and Recreation Department to take over this event and this was the first year we have done it solo.  Mayor Shaver stated he also spoke to the Township Trustees and they are going to help with the funding next year so we can have an even better show of fireworks.   Mayor Shaver stated Diley Road is a very sensitive issue right now, and a public meeting has been set for July 22, 2004, at 7:00 P.M. at the Peace United Methodist Church in Pickerington.  He stated all of the Diley Road residents, and people in the neighborhoods adjacent to Diley, will be sent notices.  Mayor Shaver stated Ms Gilleland has been meeting with individuals along the affected roadway and has also been working with ODOT to identify options we may have.  He stated we also had clarified with ODOT that if the project is not five lanes we will not receive the federal funding.  He continued that all of Council wants to work with the residents to come up with the best project possible. 

 

B.         LAW DIRECTOR.  Mr. Mapes stated Council is scheduled to do the third reading this evening on the legislation putting the question of taxing S Corporations on the ballot.  He stated Council had been provided with a substitute piece of legislation and he would request amendment by substitution on this issue.  Mr. Mapes stated just last week the Tax Administrators Association came out with suggested language and some of that has been incorporated into the substituted legislation to make the ordinance as clear as possible.  He stated that will need to be passed and in effect by August 19th in order to make the November ballot.  Mr. Mapes stated with regard to the legislation Mrs. Oakes had spoken to regarding waiving of the building fees for the school district, as part of the initiatives on the ballot in 2002 dealing with the waiver of water and sewer fees, and two units per acre, as he read that language, it speaks only to water and sewer fees.  He stated it does not, in a common sense reading of it, there are no punctuation marks or other things that would say fees are one thing and something else for water and sewer, it is all part of the same.  He stated in and above that, in reading the cases that are out there, an initiative ordinance is the same as any other ordinance.  Council can change it’s mind and tweak it, whether wholly repealing it or making and exception to one thing they think is important, i.e., the schools.  He stated legally Council has the basis to do this, even if the language stated building fees, which it does not.  Mr. Mapes further stated he did not feel Council would be changing the ordinance the way it is written, as there is nothing in there about building fees.  Mr. Mapes also stated with regard to the legislation dealing with the sale of public land, it is surplus land and the only way to divest ourselves of that surplus land is to advertise it for five weeks, and then we are limited to entering into a contract with the highest bidder.  He stated we do not have to enter into a contract with anyone, but we are limited to only entering into a contract with the highest bidder.  Mr. Mapes stated lastly, with regard to the ordinance giving final approval to the S.R. 256/I-70 project, ODOT has a deadline to bid that project and the only way to meet that deadline is to pass the legislation by emergency this evening.  Mr. Mapes stated he would answer any questions.  Mayor Shaver stated he understood ODOT has notified us that if this legislation does not succeed at this point in time, the funding will not come back.  Mr. Mapes stated that is correct, ODOT is under certain funding deadlines in terms of what is available to them.  Mayor shaver stated this is just a reality of how the funding mechanism works.  Mr. Mapes stated we are also getting some grants from MORPC that are helpful to defraying our costs.  Mayor Shaver further questioned if it were possible to orally amend Ordinance 2004-30 to delete the emergency language since that date has now passed, and to also make sure the ordinance reads that it only applies to permits that were issued prior to August 1, 2003.  Mr. Mapes stated if Council makes an oral amendment, he will make the ordinance comply with that prior to the Mayor signing it.  He stated a motion to amend with the specific language would be sufficient. 

 

C.        FINANCE DIRECTOR.  Mrs. Ellis stated Mrs. Fersch was on vacation and had requested three readings on the appropriation ordinance on tonight’s agenda if possible.  Also, Mrs. Fersch is requesting Ordinance 2004-32 regarding the $2,000,000 borrowing remain on the table.      

   

D.        MANAGER.  Ms Gilleland stated the Manager’s Report had been distributed and she would answer any questions.  Ms Gilleland stated it has been a very busy week for her and she would like to thank the Mayor, Council, and city staff for making her feel at home.  She stated in addition to the Diley Road project she has been working on the growth management comprehensive plan and she hoped to have it more closely defined and underway in the next several weeks.  Mr. Sabatino clarified the growth management comprehensive plan is the same as the Comprehensive Plan update that has been discussed. 

 

Mayor Shaver stated he had received a briefing from the Fairfield County Department of Health and other groups who are interested in the enactment of non-smoking legislation in the City of Pickerington.  He stated they have requested the opportunity to speak to all of Council and he would suggest a similar work session as held this evening. 

 

Mr. O’Brien stated two properties dealing with access issues to S.R. 256, the Pickerington Nursing Home and the Post Office, have new access points available that are controlled at a traffic light.  He stated the old entrances have not been removed and he questioned if that would be done in the near future.  Ms Gilleland stated she would check into this issue. 

 

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 2004-36, “AN ORDINANCE TO ENACT A REVISED GROWTH MANAGEMENT PLAN FOR THE ISSUING OF HOUSING PERMITS,” First Reading, Hackworth.  (TABLED)

 

C.        ORDINANCE 2004-41, “AN ORDINANCE AMENDING THE TRAFFIC CONTROL MAP TO RAISE SPEED LIMITS ON PORTIONS OF LONG ROAD AND EAST COLUMBUS STREET,” First Reading, O’Brien.  (TABLED)

 

D.        ORDINANCE 2004-43, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO WAIVE THE CITY’S FEES, WHICH WOULD BE DUE BY THE PICKERINGTON LOCAL SCHOOL DISTRICT, FOR THE REPAIR/REPLACEMENT OF THE ROOF ON THE RIDGEVIEW JUNIOR HIGH SCHOOL,” First Reading, Wright.  Mr. Wright moved to adopt; Mrs. Riggs seconded the motion.  Mr. Wright stated this will waive the building permit fees on the replacement of the roof on the junior high school.  Mr. Wright stated the City has done this for the schools in the past and is not out of the ordinary.  Mr. Parker inquired if other entities waive fees for the school districts and Mr. Wright stated he did not have first hand knowledge, however, he did believe other entities do waive fees in regards to intergovernmental transfers.  Mr. Parker stated he agreed and felt the fees should be waived.  Roll call was taken with Mr. Hackworth and Mr. O’Brien abstaining, and Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 4-0. 

 

E.         ORDINANCE 2004-44, “AN ORDINANCE AMENDING THE 2004 APPROPRIATION ORDINANCE 2003-97,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion.  Mr. Hackworth stated there were three appropriations on the ordinance and he would ask for three readings this evening.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mr. Wright seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voting “Yea.” Motion passed, 6-0. 

 

F.         ORDINANCE 2004-45, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LION’S HEAD VENTURES, INC., FOR THE SALE OF THE CITY-OWNED REAL PROPERTY KNOWN AS LOT NO. 1, WINDMILLER SQUARE COMMERCIAL SUBDIVISION,” First Reading, Wright.  Mr. Wright moved to adopt; Mr. Parker seconded the motion.  Mr. Wright stated the City had received two bids on this property and Lion’s Head was the highest bid at $75,000.  Mr. Wright stated this property was advertised last year and no bids were received.  Mr. Wright stated the proposal from Lion’s Head Ventures was to develop a family oriented amusement/entertainment type facility.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. O’Brien, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

G.        ORDINANCE 2004-46, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $330,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF RENEWING NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF ACQUIRING, CONSTRUCTING, EQUIPPING, AND FURNISHING A POLICE BUILDING,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wright seconded the motion.  Mrs. Riggs stated this is the renewal on the note for the police facility.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. O’Brien, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.” Motion passed, 6-0. 

 

H.        ORDINANCE 2004-47, “AN ORDINANCE TO PROVIDE FINAL CONSENT FOR THE ODOT (PID NO. 75901) MODIFICATION OF STATE ROUTE 256, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ODOT, AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY IN ORDER OT MEET ODOT PROJECT DEADLINES,” First Reading, O’Brien.  Mr. O’Brien moved to adopt; Mr. Wright seconded the motion.  Mr. O’Brien stated this was the same issue we have been working on for the improvements at S.R. 256 and I-70.  Mr. O’Brien stated Council had met with ODOT at a work session prior to this meeting and they have met us in the middle on their proposal versus what the City wants.  He stated in order to stay in cycle with ODOT’s funding we need to pass this tonight.  Mayor Shaver stated this is a joint project with not only ODOT, but with the City of Reynoldsburg as well.  He stated through the efforts of some Councilmen he felt we did have a better project.  Mr. Sabatino stated he has voted against this in the past due to some safety concerns, however, those have been addressed in the final design and he will support it this evening.  Mr. Wright stated he was glad to see this is finally happening.   Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mr. Wright moved to suspend the rules for the purpose of three readings; Mr. O’Brien seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. O’Brien moved to adopt; Mr. Wright seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading, with emergency.  Mr. O’Brien moved to adopt; Mr. Wright seconded the motion.  Mr. Parker stated he has not supported this project in the past but he would support it this evening.  He stated if he did not vote for this legislation his vote would kill the project and as the other five members present felt it was a project that should be done, although he still did not agree with it, he would vote to pass it this evening.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mrs. Riggs, Mr. Hackworth, and Mr. Parker voting “Yea.”  Motion passed, with emergency, 6-0.  

 

I.          RESOLUTION 2004-21R, “AN AMENDED AND RESTATED RESOLUTION CLARIFYING “PICK-UP” AND PRE-TAX CONTRIBUTIONS TO THE OHIO POLICE AND FIRE PENSION FUND (FOP EMPLOYEES),” First Reading, Wright.  Mr. Wright moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.  (CONSENT AGENDA ITEM)

 

J.          RESOLUTION 2004-22R, “AN AMENDED AND RESTATED RESOLUTION CLARIFYING “PICK-UP” AND PRE-TAX CONTRIBUTIONS TO THE OHIO POLICE AND FIRE PENSION FUND (ADMINISTRATIVE EMPLOYEES),” First Reading, Wright.  Mr. Wright moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.  (CONSENT AGENDA ITEM)

 

K.        ORDINANCE 2004-40, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE SHELLY COMPANY FOR THE 2004 ANNUAL STREET IMPROVEMENT/REPAVING PROJECT,” Second Reading, Parker.  Mr. Parker moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

L.         ORDINANCE 2004-42, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KOKOSING CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE DILEY ROAD REALIGNMENT, PHASE III PROJECT,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated as the ordinance indicates, this is the realignment of the northern terminus of Diley Road to make it come out at the Discount Drug Mart.  Roll call was taken with Mr. Sabatino abstaining, Mr. Wright voting “Nay,” and Mr. O’Brien, Mrs. Riggs, Mr. Hackworth, and Mr. Parker voting “Yea.”  Motion passed, 4-1. 

 

M.        RESOLUTION 2004-17R, “A RESOLUTION TO REAFFIRM COUNCIL’S DESIGNATION OF A PREFERRED ALTERNATIVE FOR THE DILEY ROAD WIDENING PROJECT,” Second Reading, O’Brien, (TABLE)

 

10.       LEGISLATIVE READINGS:

 

A.        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,” Third Reading, O’Brien.  Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion.  Mr. Sabatino moved to amend by striking everything after the word “transfers” and then inserting “Such transfers of issued building permits are not subject to the growth management lottery requirements of Ordinances 2003-41 and 2003-47; however, this section only applies to building permits issued pursuant to such ordinances or applied for prior to the effective date of such ordinances” and to remove the emergency language; Mr. Wright seconded the motion.  Mr. Parker inquired if there were a time extension being put on these permits to avoid having a rush to come in and build.  He stated if there were an extension it could be spread out over time.  Mr. Wright stated he felt this should be addressed separately and not in this legislation.  Mr. Mapes stated he did not know where the permits were in the process, and Mr. Wright stated he would like to see a list of the permits with their status, and then we may know how to handle it.  Ms. Gilleland stated she would attend to that.  Roll call was taken on the motion to amend with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Parker, and Mr. Sabatino voting “Yea.”  Motion to amend passed, 6-0.  Third Reading, as amended.  Roll call was taken with Mr. Wright, Mr. Parker, Mr. Hackworth, Mrs. Riggs, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.  

 

B.         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,” Third Reading, Wisniewski.  (TABLED)

 

C.        RESOLUTION 2004-19R, “A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF PICKERINGTON, OHIO, OF THE QUESTION OF CONTINUATION OF THE TAXATION OF A SHAREHOLDER’S DISTRIBUTIVE SHARE OF NET PROFITS OF AN S CORPORATION,” Third Reading, Wright.  Mr. Wright moved to adopt; Mrs. Riggs seconded the motion.  Mr. Wright moved to amend by substitution; Mr. Parker seconded the motion.  Mr. Wright stated Council had been provided with a new resolution this evening that clarified what would be put before the electorate.  He stated the State is changing how municipalities are allowed to tax S Corporations and requires us to put it on the ballot to continue our current taxing procedures.  Roll call was taken on the motion to amend by substitution with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion to amend passed, 6-0.  Third Reading, as amended.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

10.       MOTIONS:  

 

A.        MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(2), PURCHASE OR SALE OF PUBLIC PROPERTY, AND SECTION 121.22(G)(3), CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION.  Mr. Wright moved for an Executive Session under Sections 121.22(G)(2) and 121.22(G)(3); Mr. O’Brien seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Wright, Mr. Sabatino, and Mr. Parker voting “Yea.”  Motion passed, 6-0. 

 

Council went into Executive Session at 8:45 P.M., and reconvened in open session at 10:04 P.M. 

 

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

 

12.       ADJOURNMENT. There being nothing further, Mr. O’Brien moved to adjourn; Mr. Wright seconded the motion.  Mr. Sabatino, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. O’Brien, and Mrs. Riggs voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 10:05 P.M., July 6, 2004.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

___________________________________

David Shaver, Mayor