PICKERINGTON CITY COUNCIL

                                          TUESDAY, SEPTEMBER 21, 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, September 21, 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, and Mayor Shaver were present. Mrs. Riggs was absent.  Others present were: Judy Gilleland, Frank Wiseman, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Bob Mapes, Pastor Riggs, Patti Wigington, Tamaria Liddell, Ed Laramee and others.  Pastor Riggs of Peace United Methodist Church delivered the invocation. 

 

2.         APPROVAL OF MINUTES OF SEPTEMBER 7, 2004, REGULAR MEETING.  Mr. Parker moved to approve; Mr. Wright seconded the motion.  Roll call was taken Mr. Sabatino, Mr. Parker, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0. 

 

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

 

4.         COMMUNITY COMMENTS:   There were no community comments. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there was one consent agenda item this evening, Resolution 2004-26R, “A Resolution to authorize the correction of certain street names on various plats.”  Mr. O’Brien moved to approve; Mr. Parker seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Parker, Mr. Wright, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

6.         COMMITTEE REPORTS:

 

            A.        SERVICE COMMITTEE.  Mr. Hackworth stated Service Committee met on September 9th, and the minutes have been distributed.  He stated the item just passed on the consent agenda came out of the Service Committee meeting.  Mr. Hackworth further stated Service Committee had also forwarded legislation on tonight’s agenda to offer the residents of the Pearl Lane/Florence Drive the option to put the cost of their water connection fees on a voluntary assessment in lieu of a mortgage.  Mr. Hackworth stated he would request this be passed as an emergency this evening to allow the residents to take advantage of this option. 

 

            B.         SAFETY COMMITTEE.  Mr. Wisniewski stated Safety Committee met on September 13th.  He stated the Committee had passed an amendment to the Traffic Control Map to add some stop signs on Diley Road. 

 

            C.        FINANCE COMMITTEE.  Mr. Wisniewski stated Mrs. Riggs is on vacation this evening, and Finance Committee met on September 16th.  He stated the minutes have not been distributed as yet.  Mr. Wisniewski stated the appropriations on tonight’s agenda were approved by Finance Committee and the renewal of $2,847,244 of notes for water system improvements was also approved.  Mr. Wisniewski stated he would be asking for three readings on the note renewal. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated he led the DARE Motorcycle Ride and it was a wonderful experience.  Mayor Shaver stated he had a proclamation to present to SSgt Anthony Battista who was the Grand Marshal of the Labor Day Parade, however, he was not present this evening and the Proclamation would be forwarded to him. 

 

B.         LAW DIRECTOR.  Mr. Mapes stated as Mr. Hackworth had stated, the legislation is on tonight’s agenda to allow residents of Pearl Lane and Florence Drive the option of a voluntary assessment to allow the tap fee to be put on their tax duplicate.  He stated the recording fee is a bit higher than the fee for recording the mortgage and in addition the auditor’s office charges a four percent fee for putting this on the tax bill.  Mr. Mapes stated he would answer any questions anyone might have. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she was requesting three readings and an emergency on the water note issue and she would point out that it was originally $3,042,244 and we are paying $195,000 on the principal.  Mrs. Fersch stated she would request three readings on the appropriation ordinance as well.         

   

D.        MANAGER.  Ms Gilleland stated the Manager’s Report had been distributed and she would answer any questions.  Ms Gilleland stated she was happy we could present the residents of Pearl and Florence the option of the voluntary assessment as they requested.  She stated she will be sending a letter out to all of the residents in that area with information about this option in the next week.  Mr. Hackworth stated he would like to clarify that the City is not planning any assessments along Diley Road for the Diley Road project.  He stated there was apparently something in the newspaper about an assessment.  Ms Gilleland stated assessment is not a part of the project, however, the Township will be assessing for the portion of Diley Road south of Busey Road.  Ms Gilleland stated if something happened that we did not receive the funding from ODOT and MORPC we would obviously have to look at other alternatives for funding a project of some sort.   

 

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 2004-64, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE PICKERINGTON LOCAL SCHOOL DISTRICT TO RESOLVE DISPUTES OVER VARIOUS CITY-CREATED TAX INCENTIVE FINANCING (TIF) PROJECTS,” First Reading, Wright.  Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Wright stated this agreement would clarify the agreement with the School District and the City and sets a condition in place where we do not have to worry about future objections.  Mr. Wright stated there is a deadline in October, and for that reason he would ask for three readings this evening.  Roll call was taken with Mr. Wisniewski, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0.  Mr. Wright moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, Mr. O’Brien, and Mr. Wisniewski voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, Mr. Parker, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0. 

 

C.        ORDINANCE 2004-65, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH McDANIEL’S CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE PICKERINGTON HILLS WATER MAIN LOOP PROJECT,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this is a continuing project for the water system and developing loops to keep the water circulating in our system.  Mr. Parker stated it is his understanding that McDaniel’s will keep the project moving on time on S.R. 256 at Diley Road.  Roll call was taken with Mr. Parker, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

D.        ORDINANCE 2004-66, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $2,847,244 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF WATER SYSTEM IMPROVEMENTS,” First Reading, Riggs.  Mr. Wisniewski moved to adopt; Mr. Wright seconded the motion.  Mr. Wisniewski stated this is the note issue Mrs. Fersch had explained and is a renewal.  Roll call was taken with Mr. Wisniewski, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0.  Mr. Wisniewski moved to suspend the rules for the purpose of three readings; Mr. Wright seconded the motion.  Roll call was taken with Mr. Parker, Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wisniewski, and Mr. Wright voting “Yea.”  Suspension of rules passed, 6-0.  Second Reading.  Mr. Wisniewski moved to adopt; Mr. Wright seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Wisniewski moved to declare the emergency; Mr. Wright seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. O’Brien, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, with emergency, 6-0. 

 

E.         ORDINANCE 2004-67, “AN ORDINANCE AMENDING THE 2004 APPROPRIATION ORDINANCE 2003-97,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated these were the appropriations approved by Finance Committee.  Mr. Sabatino clarified the increase in the Law Director category was for special counsel for the JEDD, special counsel for the annexation agreement, and general special counsel.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Suspension of rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

F.         ORDINANCE 2004-68, “AN ORDINANCE TO AMEND ORDINANCE 2003-28 TO AUTHORIZE VOLUNTARY ASSESSMENT AGREEMENTS FOR PAYMENT OF CONNECTION FEES TO THE PEARL LANE/FLORENCE DRIVE WATERLINE AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY TO ALLOW FOR THE EXPEDITIOUS CONNECTION OF RESIDENT’S HOMES,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this was the agreement to allow the residents of this area the option of voluntary assessment for the connection to the water line.  Mr. Hackworth further stated this does have a six-month time limit for the residents to take advantage of this option.  Mr. Parker stated this is a very good value for the people.  Mr. Wright stated he would like to make sure everyone understood this was a voluntary assessment that the residents had requested.  Roll call was taken with Mr. Parker, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mr. Parker seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mr. Sabatino, Mr. O’Brien, and Mr. Parker voting “Yea.”  Suspension of rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading, with emergency.  Mr. Hackworth moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Sabatino, Mr. Wisniewski, and Mr. Parker voting “Yea.”  Motion passed, with emergency, 6-0. 

 

G.        RESOLUTION 2004-26R, “A RESOLUTION TO AUTHORIZE THE CORRECTION OF CERTAIN STREET NAMES ON VARIOUS PLATS,” First Reading, O’Brien.  Mr. O’Brien moved to approve; Mr. Parker seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Parker, Mr. Wright, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.  (CONSENT AGENDA ITEM)

 

H.        ORDINANCE 2004-62, “AN ORDINANCE TO ADOPT THE LONG ROAD NEAR GEORGES CREEK STORMWATER STUDY,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this study is for the area with the flooding problem on Long Road.  Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.”  Motion passed, 6-0. 

 

I.          ORDINANCE 2004-63, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONTINUE MEMBERSHIP WITH THE CENTRAL OHIO RISK MANAGEMENT ASSOCIATION FOR THE TIME PERIOD OCTOBER 1, 2004 TO SEPTEMBER 30, 2005,” Second Reading, Wright.  Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Parker voting “Yea.”  Motion passed, 6-0. 

 

9.         LEGISLATIVE READINGS:

 

A. ORDINANCE 2004-55, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BARBARA DEWOLFE FOR THE PURCHASE OF 376 HILL ROAD SOUTH, PICKERINGTON, OHIO,” Third Reading, Wisniewski.  (TABLED) 

 

B.         ORDINANCE 2004-58, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CHANGE ORDER TO THE CONTRACT WITH STILSON CONSULTING GROUP FOR THE DILEY ROAD AND S.R. 256 INTERSECTION IMPROVEMENT PROJECT,” Third Reading, O’Brien.  Mr. O’Brien moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

C.        ORDINANCE 2004-59, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ACCEPT FUNDS FOR THE DILEY ROAD WIDENING PROJECT (ODOT NO. FAI-TR-207, PID NO. 75772) FROM THE TRANSPORTATION ENHANCEMENT PROGRAM (TEP) AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY IN ORDER TO MEET ACCEPTANCE TIMELINES,” Third Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this would allow the Manager to accept funds for the multi-use path along Diley Road after it is widened.  Roll call was taken with Mr. Sabatino abstaining, and Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Parker, and Mr. O’Brien voting “Yea.”  Motion passed, 5-0, without emergency. 

 

Mr. Mapes stated on Item 8.I., he would point out this is our risk management insurance and the new effective date is October 1st, and Council will not meet again before that date.  Mrs. Fersch stated the premium amount should be filled in as not to exceed $141,996.  She stated the amount could be less than that, but would not exceed it. 

 

Mr. Wright moved to suspend the rules on Ordinance 2004-63, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONTINUE MEMBERSHIP WITH THE CENTRAL OHIO RISK MANAGEMENT ASSOCIATION FOR THE TIME PERIOD OCTOBER 1, 2004 TO SEPTEMBER 30, 2005;” Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Wisniewski, and Mr. Hackworth voting “Yea.”  Suspension of rules passed, 6-0.  Third Reading.  Mr. Wright moved to declare the emergency and to include the amount of not to exceed $141,996 in the body; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, and Mr. Parker voting “Yea.”  Motion passed, with emergency, 6-0. 

 

Mr. O’Brien stated he would like to clarify that since Ordinance 2004-59 did not pass with emergency, and the purpose of the emergency was to meet acceptance timelines, would that mean we would not meet those timelines.  Ms Gilleland stated she had spoken with MORPC and it is not an issue. 

 

10.       MOTIONS:  

 

A.        Mr. O’Brien moved for Executive Session under Section 121.22(G)(3), Conference with law director regarding pending or imminent court action; Mr. Wright seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Parker, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0. 

 

Council went into Executive Session at 8:12 P.M., and reconvened in open session at 9:40 P.M.

 

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

 

12.       ADJOURNMENT. There being nothing further, Mr. Wright moved to adjourn; Mr. Sabatino seconded the motion.  Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Parker, and Mr. Wisniewski voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 9:42 P.M., September 21, 2004.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

___________________________________

David Shaver, Mayor