PICKERINGTON CITY COUNCIL
TUESDAY,
OCTOBER 19, 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 19, 2004, at City Hall. Mayor Shaver called the meeting to order at 7:30 P.M. Roll call was taken as follows: Mr. Hackworth, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present. Mr. Wright and Mr. Parker were absent. Others present were: Frank Wiseman, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Bob Mapes, Pastor Jim Riggs, McKenzie Fry, Bruce Engelhardt, Shirley Engelhardt, Harry Myers, and others. Pastor Riggs delivered the invocation.
2. APPROVAL OF MINUTES OF OCTOBER 7, 2004, REGULAR MEETING. Mr. Hackworth moved to approve; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Wisniewski, Mr. Hackworth, Mr. O’Brien, and Mrs. Riggs voting “Yea.” Motion passed, 5-0.
3. APPROVAL OF AGENDA. Mr. Hackworth moved to approve; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Motion passed, 5-0.
4. COMMUNITY COMMENTS: There were no community comments.
5. APPROVAL OF CONSENT AGENDA: Mayor Shaver stated there were no Consent Agenda items this evening.
6. COMMITTEE REPORTS:
A. SERVICE COMMITTEE. Mr. Hackworth stated Service Committee met on October 14th, and the minutes have not been distributed as yet. He stated there is one item from that meeting on tonight’s agenda with regard to property takes for the Diley Road intersection improvement project. He stated this has nothing to do with the Diley Road widening project. Mr. Hackworth further stated Service Committee will have a work session an hour prior to the next Service Committee meeting to discuss the proposed Transportation Improvement Plan.
7. REPORTS:
A. MAYOR. Mayor Shaver stated a group of Scouts had visited City Hall earlier this week and it was very interesting.
B. LAW DIRECTOR. Mr. Mapes stated with regard to the legislation Mr. Hackworth had mentioned, this is the first step in the eminent domain process. He stated we are attempting to negotiate with nine or ten property owners between S.R. 256 and the bridge where Diley Road will be realigned to create a safer intersection. Mr. Mapes stated this will give the property owners notice of our intent. Mr. Sabatino clarified if the City is unable to work out an agreement with the property owners, we will come back with further legislation; the purpose of the resolution this evening was to give notice of our intent. Mr. Mapes stated he would ask for a short Executive Session at the end of the meeting to update Council on some litigation issues if they so desire. Mayor Shaver stated perhaps it would be better to have the Executive Session at the next meeting since we are missing two council members and the City Manager this evening. Mr. Mapes stated that was fine, and he would be glad to answer any questions.
C. FINANCE DIRECTOR. Mrs. Fersch stated she Fifth-Third Bank won the bid on our street improvement notes at 1.97 percent. Mrs. Fersch stated further she will be taking the referendum petitions to the Board of Elections for their review of the signatures.
D. MANAGER. Mr. Wiseman stated Ms Gilleland is at a conference, and he would be glad to answer any questions. Mr. Sabatino inquired if there was an update on the S.R. 256 stripping issue. Mr. Wiseman stated he does not have an update at this time, however, we are working diligently to get that resolved.
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 2004-73, “AN ORDINANCE TO AMEND SECTION 1080.03 OF THE PICKERINGTON CODIFIED ODINANCES RELATIVE TO PROPER DISPOSAL PRACTICES FOR GARBAGE CONTAINERS,” First Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. O’Brien seconded the motion. Mr. Wisniewski stated this is the result of complaints from residents regarding individuals who put their garbage out early in the week when trash pick-up is on Friday, who do not remove the containers from the curb after pick-up, and items of that sort. He stated this legislation will try to resolve this type of issue and is a very common practice most municipalities have in their ordinances. Mr. Sabatino clarified the penalty for violating this ordinance would be a misdemeanor of the fourth degree punishable by up to a $250 fine and three days in jail. Mr. Mapes stated this was severe in terms of what could happen, however, typically he would expect our code enforcement officer would notify the individual of the problem and ask that it be taken care of. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, and Mr. Hackworth voting “Yea.” Motion passed, 5-0.
C. RESOLUTION 2004-27R, “A RESOLUTION OF INTENT TO APPROPRIATE A FEE SIMPLE INTEREST IN VARIOUS PROPERTIES FOR THE DILEY ROAD IMPROVEMENT PROJECT PHASE III TO REALIGN DILEY ROAD,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated as Mr. Mapes had explained earlier, this was the first step in the process to start acquiring the properties for the northern end of Diley Road. Mr. Wisniewski stated he would like to make it clear this was a part of the Diley Road, S.R. 256 intersection improvement project and not a part of the Diley Road widening project. Mr. Hackworth stated that was correct. Mr. Mapes stated due to the timing issue he would request one reading this evening and at the next meeting to have it passed as an emergency. Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 5-0.
D. 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,” Second Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mrs. Riggs seconded the motion. Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 5-0.
E. ORDINANCE 2004-70, “AN ORDINANCE TO AUTHORIZE PAYMENT TO THE CHIEF OF POLICE FOR A PORTION OF HIS UNUSED VACATION TIME,” Second Reading, Riggs. Mrs. Riggs moved to adopt; Mr. O’Brien seconded the motion. Roll call was taken with Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 5-0.
9. LEGISLATIVE READINGS:
Mr. Wisniewski stated prior to reading the next ordinance, he would like to know if there is an update on this issue. Mr. Mapes stated our funding on this purchase ended on the 15th. He stated Mrs. DeWolfe’s attorney has indicated he would send a letter stating that Mrs. DeWolfe had withdrawn from the sale of the property. Mr. Mapes stated the funding has gone back to the Department of Natural Resources so everything has reached a dead end. Mr. O’Brien clarified that the City has no obligation as it was Mrs. DeWolfe who chose to withdraw from the sale.
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) Mr. Wisniewski moved to remove from the Table; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Hackworth, Mrs. Riggs, Mr. O’Brien, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Motion to remove from the Table passed, 5-0. Mr. Wisniewski moved to adopt. Motion died for lack of a second.
B. 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,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth clarified the same contractor is working on the Diley Road, S.R. 256 intersection project and prior to the rain this past week they were four days ahead of schedule. Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, and Mr. Sabatino voting “Yea.” Motion passed, 5-0.
10. MOTIONS:
A. Mr. O’Brien moved to create the Property Maintenance Task Force to advise Council on property maintenance and code enforcement issues and to make recommendations to Council on amendments to the Pickerington Codified Ordinances as necessary. The task force shall consist of not more than fifteen (15) citizens of the city of Pickerington who volunteer to serve on the Task Force. Council appoints the following citizens who have volunteered: Bart King, Brandee Trout, Terry Walburn, Keith Smith, Julie Goodrich, Carol Carter, Marvin Sells, Anthony Barletta, and Dr. Jay Henry. Additionally Council authorizes the City Manager to include such other citizens who subsequently volunteer up to the maximum fifteen (15) provided for herein; Mr. Hackworth seconded the motion. Mr. O’Brien stated we are creating a Property Maintenance Task Force to make recommendations to implement more adherence to existing and future ordinances regarding property maintenance. Mr. Hackworth inquired what Committee this Task Force would report to with their recommendations. Mayor Shaver stated that can be determined when Ms Gilleland returns. He stated he would like to thank the individuals who have volunteered for this Task Force. Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Sabatino, Mrs. Riggs, and Mr. O’Brien voting “Yea.” Motion passed, 5-0.
B. MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(3) CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION. Mayor Shaver stated that Executive Session would not be necessary this evening.
C. Mrs. Riggs moved to move the regularly scheduled meeting of Council from Tuesday, November 2, 2004, to Wednesday, November 3, 2004, at 7:30 P.M., due to obligations of various Council members; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 5-0.
11. OTHER BUSINESS: No other business was brought forward.
12. ADJOURNMENT. There being nothing further, Mr. O’Brien moved to adjourn; Mr. Hackworth seconded the motion. Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, and Mr. Sabatino voted “Aye.” Motion carried, 5-0. The meeting adjourned at 8:04 P.M., October 19, 2004.
RESPECTFULLY SUBMITTED:
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ATTEST:
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