PICKERINGTON CITY COUNCIL
TUESDAY,
OCTOBER 5, 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, October 5, 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: Judy Gilleland, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Bob Mapes, Frank Wiseman, Pastor April Toms, Patti Wigington, Tony Dill, George Hallenbrook, Betty Hardin, Arlene Stoyer, Amy Green, John Darby, Cindy Darby, McKenzie Fry, and others. Pastor Toms delivered the invocation.
2. APPROVAL OF MINUTES OF SEPTEMBER 21, 2004, REGULAR MEETING. Mrs. Riggs moved to approve; Mr. Wright seconded the motion. Roll call was taken Mrs. Riggs abstaining, and 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. Hackworth moved to approve; Mr. Wright seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mr. Parker, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Motion passed, 7-0.
4. COMMUNITY COMMENTS:
A. John Darby, 310 Diley Road. Mr. Darby stated he was present to speak about the Diley Road Referendum. He stated they have been collecting signatures to place this issue on the ballot. Mr. Darby read a statement into the record. (Attachment 1 to these minutes)
5. APPROVAL OF CONSENT AGENDA: Mayor Shaver stated there was one consent agenda item this evening, Ordinance 2004-24, “An ordinance to accept the dedication of a portion of Freedom Way as a city street.” Mr. O’Brien moved to approve; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 7-0.
6. COMMITTEE REPORTS: NONE.
7. REPORTS:
A. MAYOR. Mayor Shaver stated the Monthly Mayors Court report had been distributed.
B. LAW DIRECTOR. Mr. Mapes stated he would ask for a short Executive Session at the end of the meeting to brief Council on some litigation issues. Mr. Mapes stated he would answer any questions.
C. FINANCE DIRECTOR. Mrs. Fersch stated she received the amount of our CORMA insurance premium and it is $10,000 less than the not to exceed amount Council authorized in the ordinance. She stated this equated to a 4-1/2 percent increase over last year, which is very good for our professional liability and our general liability insurance.
D. MANAGER. Ms Gilleland stated the Manager’s Report had been distributed and she would answer any questions. Mr. O’Brien clarified the City’s annual contribution to the Senior Center is $10,000. Mayor Shaver stated the Senior Center has asked for additional monies due to a financial crisis. Ms Gilleland stated she hoped to have someone from the Senior Center attend an upcoming Council Work Session to discuss 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 2004-69, ‘AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO ONE YEAR CONTRACTS WITH DELTA DENTAL OF OHIO AND AMERICAN UNITED LIFE CO., (FORMERLY UNION CENTRAL LIFE INSURANCE COMPANY) FOR INSURANCE FOR CITY EMPLOYEES,” First Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. Wright seconded the motion. Mr. Wisniewski stated this was a renewal of our contract with Delta Dental and American United Life. 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.
C. ORDINANCE 2004-70, “AN ORDINANCE TO AUTHORIZE PAYMENT TO THE CHIEF OF POLICE FOR A PORTION OF HIS UNUSED VACATION TIME,” First Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wright seconded the motion. Mrs. Riggs stated this issue was approved by Finance Committee. She stated with the passing away of Chief Fuller and commencing his new duties as Chief, Chief Taylor was unable to take vacation. She stated the Finance Committee was recommending the approval of paying up to 124 hours of his vacation time, and this will be a one-time occurrence. 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 2004-71, “AN ORDINANCE TO ACCEPT THE DEDICATION OF A PORTION OF FREEDOM WAY AS A CITY STREET,” First Reading, O’Brien. Mr. O’Brien moved to approve; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 7-0. (CONSENT AGENDA ITEM)
E. ORDINANCE 2004-72, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH TISCHLER & ASSOCIATES, INC., FOR A STUDY OF IMPACT FEES AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY IN ORDER TO IMPLEMENT SUCH FEES AS SOON AS POSSIBLE TO HAVE NEW GROWTH PAY ITS FAIR SHARE OF COSTS,” First Reading, Riggs. Mrs. Riggs moved to adopt; Mr. O’Brien seconded the motion. Mrs. Riggs stated we have received the feasibility study from Mr. Tischler and we are now ready to proceed with the actual study of the impact fees. She stated she was asking for a councilmanic waiver of committee action and three readings with an emergency so we can keep on schedule. She stated the study should take about four months to complete. 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. Mrs. Riggs 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. Wisniewski, Mr. O’Brien, and Mr. Sabatino voting “Yea.” Suspension of rules passed, 7-0. Second Reading. Mrs. Riggs moved to adopt; Mr. Wright 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. Third Reading, with emergency. Mrs. Riggs moved to adopt; Mr. Wright seconded the motion. Mr. Parker stated he would like to point out that impact fees would be added to new builds inside the city limits. He stated these would be limited to inside the city limits of Pickerington. Mr. Parker stated for many years he felt that impact fees would only move development outside the city boundaries, however, Mr. Tischler has stated that development inside the city would not be affected, and that is why he is voting for this at this time. He stated further he felt this would send a clear message to the Township that development inside the City of Pickerington is good because it will help us fund projects for this community. He stated at this point in time he did not think the Township could impose these fees. Mr. Parker continued he has seen there will be a new development across from the high school with 335 homes and that is just outside the city’s borders, and he felt it would behoove us, if there is any way, to have that annexed in with those impact fees. Mr. Wright stated he would like to point out that the use of impact fees in this manner is relatively new, legally, and we have never had the ability to have impact fees for growth, they have always been related to parks, etc. Mr. Wright stated a recent change in the law allows, as long as it is specific, for these fees. Mr. Wright stated he just wanted to point this out so people would know why it took so long to get to this point. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, Mrs. Riggs, and Mr. Parker voting “Yea.” Motion passed, with emergency, 7-0.
F. 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,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated this is the second reading to award the contract for the water main loop project. Mr. Hackworth clarified this contractor is on schedule to complete the work on S.R. 256 by mid-November. Roll call was taken with Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 7-0.
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 2004-62, “AN ORDINANCE TO ADOPT THE LONG ROAD NEAR GEORGES CREEK STORMWATER STUDY,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, Mr. Parker, Mrs. Riggs, and Mr. O’Brien voting “Yea.” Motion passed, 7-0.
10. MOTIONS:
A. Mr. Wright moved to authorize the City Manager to sign a Joint Issue II Grant Application with Violet Township and Fairfield County for infrastructure improvements in Mingo Estates; Mr. Wisniewski seconded the motion. Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Motion passed, 7-0.
B. Mr. O’Brien moved to appoint Deborah Rateno as Council’s representative on the Violet Festival Board; Mr. Wisniewski seconded the motion. Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, and Mr. Parker voting “Yea.” Motion passed, 7-0.
C. Mr. Wright moved for Executive Session under Section 121.22(G)(3), Conference with law director regarding pending or imminent court action; Mr. Wisniewski 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 7:50 P.M., and reconvened in open session at 8:20 P.M.
11. OTHER BUSINESS: No other business was brought forward.
12. ADJOURNMENT. There being nothing further, Mr. Wright moved to adjourn; Mrs. Riggs seconded the motion. Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Wisniewski, and Mrs. Riggs voted “Aye.” Motion carried, 7-0. The meeting adjourned at 8:23 P.M., October 5, 2004.
RESPECTFULLY SUBMITTED:
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ATTEST:
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