PICKERINGTON CITY COUNCIL

                                        WEDNESDAY, NOVEMBER 3, 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 Wednesday, November 3, 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, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Bob Mapes, Pastor Eric Cuenin, and others.  Pastor Cuenin of Berea Baptist Church delivered the invocation. 

 

2.         APPROVAL OF MINUTES OF OCTOBER 19, 2004, REGULAR MEETING.  Mr. Hackworth moved to approve; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Parker, and Mr. Wright abstaining, and Mr. Wisniewski, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion failed, 3-0.  Mayor Shaver stated the minutes would remain on the agenda for approval at the next meeting.    

 

3.         APPROVAL OF AGENDA.  Mr. O’Brien moved to approve; Mr. Wright seconded the motion.  Mr. Wisniewski moved to amend the agenda to add Ordinance 2004-76, “An Ordinance authorizing the City Manager to submit a grant application to the Ohio Office of Criminal Justice Services and the declaration of immediate necessity and emergency as the grant application must be submitted by November 15, 2004;” Mr. Sabatino seconded the motion.  Roll call was taken on the motion to amend with Mr. Wisniewski, Mr. Hackworth, Mr. Parker, Mr. Wright, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Motion to amend passed, 6-0.  Roll call was taken on the agenda as amended with Mr. Sabatino, Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mr. Parker, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.  Mayor Shaver stated this would be added as Item 8.F. to the agenda. 

 

4.         COMMUNITY COMMENTS:  

 

Mr. O’Brien clarified the Permit Parking signs have not been installed on East Street as yet as Mr. Wiseman had not been able to contact the property owner.  He further clarified the signs would be installed shortly.  Mr. O’Brien stated on October 29th he had observed potentially the worst traffic he has seen on East Street.  He stated he observed some near-miss accidents, some careless bus drivers, and it was an extremely unsafe situation.  He stated he hoped we could begin discussions with the school district to try to rectify some of the traffic situations being caused in and around some of the schools that lie within the City borders. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there was one Consent Agenda item this evening, Ordinance 2004-75, “An Ordinance to accept a parking lot easement for a municipal parking lot.”  Mr. Hackworth moved to approve; Mr. Parker 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. 

 

6.         COMMITTEE REPORTS: 

 

            A.        FINANCE COMMITTEE.  Mr. Hackworth stated Finance Committee met on October 21st and the minutes have been distributed.  He stated the appropriation ordinance on tonight’s agenda came out of that meeting, and he would answer any questions. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated the Monthly Mayor’s 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 for an update on pending litigation.  Mr. Mapes stated he would be glad to answer any questions. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she had nothing to report this evening, other than she was pleased the voters approved the ballot issue allowing the City to continue to tax S Corporations. 

   

D.        MANAGER.  Ms Gilleland stated her report had been distributed and she would answer any questions.  Ms Gilleland stated the Halloween event for the children was a big success and over 545 children participated.  She stated she would like to thank the local businesses of Cup O’Joe, Cici’s Pizza, Skyline, and Outback Steakhouse for their donations to the event.  Ms Gilleland stated she would like to let everyone know the Council/Budget Work Session scheduled for November 9th at 6:00 P.M. has been cancelled.  Mr. Wisniewski stated he had received information that the Halloween event notification was not very well distributed, that some kids were invited and some weren’t.  Ms Gilleland stated she would check into this and get back with Mr. Wisniewski.  Ms Gilleland stated she had been informed we had a couple of hundred more children attend this year than last year, and although some communities limit their events to children within the community and we do not do that. 

 

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)  Mr. Parker moved to remove from the Table; Mr. Sabatino seconded the motion.  Roll call was taken on the removal from the Table with Mr. Sabatino, Mr. Parker, Mr. Wisniewski, Mr. Wright, Mr. O’Brien, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mr. Parker moved to adopt; Mr. Sabatino seconded the motion.  Mr. Parker stated he had removed this item from the Table for discussion purposes only.  He stated this is for an engineering contract to connect Courtright Road on over to Milnor Road to create an east/west connector.  He stated due to the annexation dispute with the Township, which is now coming to some resolve, this will probably become an issue where in the next year we will be looking at engineering the final phase of this.  He stated at this point in time we are not in any position to take any action on this issue, but he would be happy to answer any questions anyone might have.  Mr. Parker moved to Re-Table the ordinance; Mr. O’Brien seconded the motion.  Roll call was taken on the motion to Table with Mr. Sabatino, Mr. Parker, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0.  (TABLED)

 

B.         ORDINANCE 2004-74, “AN ORDINANCE AMENDING THE 2004 APPROPRIATION ORDINANCE 2003-97,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion.  Mr. Wisniewski stated the appropriations are clearly stated in the ordinance.  He stated due to the funding crisis with the Senior Center, we are donating an additional $1,500 and that will match the amount donated by Violet Township.  Roll call was taken with Mr. Sabatino abstaining, and Mr. Wisniewski, Mr. Parker, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 5-0.  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. Wright, Mr. Hackworth, Mr. O’Brien, and Mr. Wisniewski 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. Sabatino abstaining, and Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, Mr. Wright, and Mr. Parker voting “Yea.”  Motion passed, 5-0.  Third Reading.  Mr. Wisniewski moved to adopt; Mr. Wright seconded the motion.  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. 

 

*C.      ORDINANCE 2004-75, “AN ORDINANCE TO ACCEPT A PARKING LOT EASEMENT FOR A MUNICIPAL PARKING LOT,” First Reading, Hackworth.  Mr. Hackworth moved to approve; Mr. Parker 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.  (CONSENT AGENDA ITEM)

 

D.        ORDINANCE 2004-73, “AN ORDINANCE TO AMEND SECTION 1080.03 OF THE PICKERINGTON CODIFIED ODINANCES RELATIVE TO PROPER DISPOSAL PRACTICES FOR GARBAGE CONTAINERS,” Second Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion.  Mr. Wisniewski stated this will give us more clarification in our Code concerning disposal practices.  Mr. Wright clarified this legislation 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.  Mr. Wright further clarified the penalty is the same as other offenses in this section and is a fourth degree misdemeanor punishable by a $250 fine, 30 days in jail, or both.  Mr. Mapes stated as a practical matter, people will not be jailed on this, however, some of the other violations of that Chapter are more serious.  Mr. Mapes stated the amount of the fine is at the discretion of the Magistrate, but this does give the City some teeth for people that are repeat offenders.  Mr. Wright stated he had questions on how we would monitor or control this, what the special circumstances were, etc.  Mr. Mapes stated typically when we become aware of the offense we send a letter or have our Code Enforcement Officer contact them.  Mr. Wisniewski stated this is a very common practice in most communities.  Mr. Mapes stated if there is concern about the penalty, the legislation could be amended to reflect a first offense as a minor misdemeanor, second offense as an M4, etc.  He stated he could prepare an amendment to reflect a graduated penalty.  Mr. Wright stated he felt the way the legislation is currently worded it is vague and open to interpretation.  He stated he would prefer some more definition to the legislation.  Mr. Wisniewski requested Mr. Mapes prepare an amended ordinance for Council to review prior to the next Council meeting.  Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. O’Brien, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.”  Motion passed, 4-2. 

 

E.         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,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this is our intent to acquire the rights-of-way for Phase III of the Diley Road realignment, which is the northern terminus.  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.  Mr. O’Brien moved to suspend the rules for the purpose of a third reading; Mr. Wright seconded the motion.  Roll call was taken on the suspension of the rules with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, and Mr. Wisniewski voting “Yea.”  Suspension of Rules passed, 6-0.  Third Reading.  Mr. Hackworth moved to adopt; Mr. O’Brien 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. 

 

F.         ORDINANCE 2004-76, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE OHIO OFFICE OF CRIMINAL JUSTICE SERVICES AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY AS THE GRANT APPLICATION MUST BE SUBMITTED BY NOVEMBER 15, 2004,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Wright seconded the motion.  Mr. Wisniewski stated this would allow the City to submit a grant application to provide six laptop computers that would replace the aging ones the officers are now using, and is a 90 percent grant.  Mr. O’Brien clarified that six computers were the maximum we could apply for.  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. 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. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino 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. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading, with emergency.  Mr. Wisniewski moved to adopt; Mr. Wright 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. 

 

9.         LEGISLATIVE READINGS: 

 

A.        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,” Third Reading, Wisniewski.  Mr. Wisniewski 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. 

 

B.         ORDINANCE 2004-70, “AN ORDINANCE TO AUTHORIZE PAYMENT TO THE CHIEF OF POLICE FOR A PORTION OF HIS UNUSED VACATION TIME,” Third Reading, Riggs.  Mr. Wisniewski moved to adopt; Mr. Wright 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. 

 

10.       MOTIONS:  

 

A.        MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(3) CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION.  Mr. Wright moved for Executive Session under Section 121.22(G)(3), Conference with the law director regarding pending or imminent court action; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0. 

 

Council went into Executive Session at 8:15 P.M. and reconvened in open session at 8:55 P.M.

 

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

 

12.       ADJOURNMENT. There being nothing further, Mr. Hackworth moved to adjourn; Mr. O’Brien seconded the motion.  Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mr. Wright, Mr. Parker, and Mr. Sabatino voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 9:00 P.M., November 3, 2004.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

___________________________________

David Shaver, Mayor