PICKERINGTON CITY COUNCIL
TUESDAY,
NOVEMBER 16, 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, November 16, 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, Lenny Lewis, Pastor Eric Cuenin, Carol Carter, Harry Myers, McKenzie Fry, Kirk Richards, Patti Wigington, Tony Dill, Tamaria Liddell, Sharon Kraft, Tiffany Davis, Ron Bell, David Duemmel, and others. Pastor Cuenin of Berea Baptist Church delivered the invocation.
Mayor Shaver stated Council would normally wait for an executive session until at the end of the meeting, however, the attorneys present this evening that need to brief Council on pending litigation have another commitment. He stated this executive session should be very brief, and he apologized to the individuals present for having to wait, however, this was a necessary executive session.
Mrs. Riggs 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. Wisniewski, Mr. Wright, Mr. Hackworth, Mr. O’Brien, and Mrs. Riggs voting “Yea.” Motion passed, 7-0.
Council went into Executive Session at 7:35 P.M. and reconvened in open session at 8:10 P.M.
2. A. APPROVAL OF MINUTES OF OCTOBER 19, 2004, REGULAR MEETING. Mr. Parker moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino and Mr. Wright abstaining, and Mr. O’Brien, Mr. Hackworth, Mr. Parker, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Motion passed, 5-0.
B. APPROVAL OF MINUTES OF NOVEMBER 3, 2004, REGULAR MEETING. Mr. Hackworth moved to approve; Mr. Parker seconded the motion. Roll call was taken with Mrs. Riggs and Mr. Sabatino abstaining, and Mr. Wisniewski, Mr. Hackworth, Mr. Parker, Mr. Wright, and Mr. O’Brien voting “Yea.” Motion passed, 5-0.
3. APPROVAL OF AGENDA. Mrs. Riggs moved to approve; Mr. Parker seconded the motion. Mr. Wisniewski moved to amend the agenda to add Ordinance 2004-78, “An Ordinance authorizing the City Manager to contract with the Violet Township Trustees for the supplying of fire and rescue dispatching services;” Mr. Wright seconded the motion. Roll call was taken on the motion to amend with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Motion to amend passed, 7-0. Roll call was taken on the agenda as amended with Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 7-0. Mayor Shaver stated this would be added as Item 8.C. to the agenda.
4. COMMUNITY COMMENTS:
A. Mr. Ron Bell, 251 Parkview Drive. Mr. Bell stated he was present to address Ordinance 2004-73 on tonight’s agenda. He stated he has been a resident of Pickerington for 28 years and he lives in the Colony Park subdivision. Mr. Bell stated he was concerned about this ordinance as he has never seen a problem with people leaving their garbage out and he wondered if a survey had been done to see if it were really necessary to pass legislation on it. He stated further he felt this would be very difficult to enforce.
B. Tiffany Davis, 47 W. Church Street. Ms Davis stated she would also like to address this ordinance. She stated she felt the possibility of going to jail over your trash can was outrageous.
C. Carol Carter, 73 Lakeland Place. Ms Carter stated she understood people’s concerns over this legislation, however, she does have a neighbor who leaves his garbage out. Ms Carter stated she had done some research on this and provided copies of her research to each Council member. Ms Carter stated if you are selling your house and a neighbor leaves their garbage out, it does not reflect well on your property.
D. Sharon Kraft, 55 W. Church Street. Ms Kraft stated she was also present this evening to address the disposal ordinance. She stated she has many concerns on this issue that have not been answered as yet and she would ask Council to table this legislation until those concerns could be answered. Ms Kraft stated she was concerned with the punitive issues and for someone to have a misdemeanor record because of trash issues might be a little excessive. Ms Kraft asked Council to please look at what was reasonable as a penalty.
E. David Duemmel. Mr. Duemmel stated he would like to know what other communities do on this issue and what penalties they impose on a violation of this type.
5. APPROVAL OF CONSENT AGENDA: Mayor Shaver stated there were no Consent Agenda items this evening.
6. COMMITTEE REPORTS:
A. SAFETY COMMITTEE. Mr. Wisniewski stated Safety Committee met on November 1st and the minutes have been distributed. He stated the fire and rescue dispatching contract that was just added to the agenda came out of that meeting. Mr. Wisniewski stated he would also be asking for an amendment to the trash ordinance everyone has been speaking to. Mr. Wisniewski stated in the amendment a violation is punishable by a fine only and at the time he introduces that amendment he will explain how this ordinance came about, etc.
B. SERVICE COMMITTEE. Mr. Hackworth stated Service Committee met on November 11th and the minutes have not been distributed as yet. Mr. Hackworth stated Service Committee had considered two rezoning issues, and there will be public hearings before Council on both of these rezonings on December 7th. Mr. Hackworth stated Service Committee had also held a work session on November 11th to discuss our Transportation Improvement Plan and another work session for this discussion is scheduled for 6:30 P.M., December 9th. Mr. Hackworth stated he would answer any questions.
7. REPORTS:
A. MAYOR. Mayor Shaver stated several scout troops have come and toured City Hall and that is a very enjoyable part of holding this office. He stated he and the City Manger met with the Mayor of Canal Winchester and he hopes this series of meetings will be helpful in resolving disputes between the two communities and helpful for the ability to work on joint enterprises with Canal Winchester and the Township in the future. Mayor Shaver stated Mr. Lenny Lewis, the head of our Building Department, is going on to start his own company and he would be missed by all of Council and his co-workers. Mayor Shaver presented a proclamation to Lenny Lewis for his nine years of service to the City.
Mr. Sabatino stated Council had received a letter in their packets from the attorney representing Mrs. DeWolfe and he would like to know if he could get an explanation of some of the things in that letter. Mayor Shaver stated Ms Gilleland has that letter and she will be looking into it.
B. LAW DIRECTOR. Mr. Mapes stated as Mr. Wisniewski pointed out, Council has asked for revisions to the trash ordinance. He stated one amendment was included with the Council packets that provides for a first offense to be a minor misdemeanor, and a second offense within one year could be a fourth degree misdemeanor. He stated subsequently, another amendment was requested which makes it a minor misdemeanor for any offense, however many offenses you may have. He stated those are before Council tonight, and if Council has any other wishes he will prepare legislation the way they desire. Mr. Wisniewski inquired who set what amount the fine would be for the minor misdemeanor and Mr. Mapes stated it would be the Magistrate if it were in Mayor’s Court or the Judge in Municipal Court if it were removed to Municipal Court. Mr. Mapes stated the fine could be up to $150, but it is rare the fine would be up to the maximum amount. Mr. Sabatino clarified that court costs could be added on to the fine as well. Mr. Mapes stated many times on a first offense, the case could be dismissed as well.
C. FINANCE DIRECTOR. Mrs. Fersch stated she had nothing to report this evening, and she would answer any questions anyone might have.
D. MANAGER. Ms Gilleland stated her report had been distributed and she would answer any questions. Ms Gilleland stated she would like to thank Mrs. Fersch and all of the city staff who have worked very hard on the proposed budget. Ms Gilleland stated the asphalt on S.R. 256 by the Drug Mart will be down by Thanksgiving, and the entire project is slated for completion the week after Thanksgiving. Ms Gilleland stated we would start stormwater improvements on Long Road west of Diley Road this week and the work should be finished up within a few weeks. She stated it is our hope this work will greatly improve the flooding problems that some of the area residents on Long Road have been experiencing. Ms Gilleland further stated leaf pick-up will continue through the first week of December. She stated she and all the city employees wished Mr. Lewis the best of luck in his business venture.
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 2004-77, “AN ORDINANCE TO ACCEPT THE RESIGNATION OF THE LAW DIRECTOR, PROVIDE FOR SEVERANCE, AND THE DECLARATION OF AN IMMEDIATE NECESSITY AND EMERGENCY IN ORDER TO PROVIDE FOR ORDERLY TRANSITION,” First Reading, Riggs, Parker, Wright, Sabatino, Wisniewski, Hackworth, and O’Brien. Mr. Parker moved to adopt; Mrs. Riggs seconded the motion. Mr. Parker stated Mr. Mapes is one of the best community citizens that we could have had in this community and he hated to see him go. He stated Mr. Mapes has done a great job with everything he has touched. Mr. Parker stated although Mr. Mapes’ resignation was not effective until around the end of the year, he would ask for three readings this evening. Roll call was taken with Mr. Sabatino abstaining, and Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.” Motion passed, 6-0. Mr. Parker moved to suspend the rules for the purpose of three readings; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mrs. Riggs, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, and Mr. O’Brien voting “Yea.” Suspension of Rules passed, 6-0. Second Reading. Mr. Parker moved to adopt; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.” Motion passed, 6-0. Third Reading, with emergency. Mr. Parker moved to adopt; Mrs. Riggs seconded the motion. Mr. Wright stated he has worked with Mr. Mapes for the past several years and he has always found him to be professional, courteous, and straight-forward. He stated Mr. Mapes has been a very good law director for the City, and will be missed as the law director, and he wished him the best of luck in anything that he may pursue. Roll call was taken with Mr. Sabatino abstaining, and Mr. O’Brien, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, Mrs. Riggs, and Mr. Parker voting “Yea.” Motion passed, with emergency, 6-0.
C. ORDINANCE 2004-78, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONTRACT WITH THE VIOLET TOWNSHIP TRUSTEES FOR THE SUPPLYING OF FIRE AND RESCUE DISPATCHING SERVICES,” First Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. O’Brien seconded the motion. Mr. Wisniewski stated this is basically updating the contract that we currently have and there is a four percent annual increase for the next three years. Mr. Wright stated we typically update this contract every three years. 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.
9. LEGISLATIVE READINGS:
A. ORDINANCE 2004-73, “AN ORDINANCE TO AMEND SECTION 1080.03 OF THE PICKERINGTON CODIFIED ODINANCES RELATIVE TO PROPER DISPOSAL PRACTICES FOR GARBAGE CONTAINERS,” Third Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. O’Brien seconded the motion. Mr. Wisniewski moved to amend by substitution with the amended legislation that Council received this evening making the offense a minor misdemeanor; Mrs. Riggs seconded the motion. Roll call was taken on the motion to amend with Mr. Sabatino voting “Nay,” and Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Wisniewski, Mrs. Riggs, and Mr. Hackworth voting “Yea.” Motion to amend passed, 6-1. Mr. Wisniewski stated he would like to clarify several points on this legislation. Mr. Wisniewski stated this came about because he was approached by residents of a new subdivision wanting to know if we had any legislation in place to take care of this since they were having a problem with a neighbor. Mr. Wisniewski stated he then talked to other residents, and some people called him regarding the same problem. Mr. Wisniewski stated he moved this through Safety Committee and modifications were made as it was going through Committee, and it was then brought to Council floor. Mr. Wisniewski continued that this would amend a section of Chapter 1080 of the Codified Ordinances that is entitled “Garbage and Rubbish Collection and Disposal.” He stated this chapter sets forth general guidelines for garbage collection and disposal, but was missing a key definition that was requested by the citizens. He stated this was not something that he just decided to do, he was approached by citizens requesting this legislation. Mr. Wisniewski stated the penalty for violating any part of Chapter 1080 is a fourth degree misdemeanor with a maximum $250 fine and up to 30 days in jail. Mr. Wisniewski continued that currently this chapter provides that if you place tree branches out at the curb that exceed four feet in length or you place a trash can out that exceeds 35 gallons or weighs more than 50 pounds, those are violations where the City could impose the maximum penalty. Mr. Wisniewski stated he found that humorous since the trash cans provided by our current trash collector exceed 35 gallons. He stated further, if you put a Christmas tree out that is more than four feet, you would also be violating the Code. Mr. Wisniewski stated his point was that several parts of our Code are antiquated and need to be updated. Mr. Wisniewski stated he would doubt that anyone was ever penalized for violating these two sections of the Code he had just cited. Mr. Wisniewski referenced several other sections of the Code that are outdated and need to be looked at. Mr. Wisniewski stated the reality of this legislation is that it is trying to fix a section of the Code and address certain issues that have been missing. He further stated our City Manager was very surprised this was not in our Code already as many other cities around Columbus already have this on the books. Mr. Wisniewski stated again the amended version of the legislation that was distributed this evening made a violation of this section a minor misdemeanor. Mrs. Riggs stated she would like to add that citizens have come to Council concerned with animals getting into the garbage that is left out. Mr. Wright stated he had intended to support this legislation since the jail time was removed, however, he had asked that there be some type of tiered method so people would know what the fine was. He continued that it is now left to the Magistrate or the Mayor’s Court and he would not vote for this legislation. Mr. Sabatino stated he had received feedback from some citizens and the suggestion was made that a fine structure be set that started at perhaps $25 and moved progressively up. He further stated he felt the best thing to do would be to send this back to Safety Committee for discussion and then bring it back out. Mr. Hackworth stated he felt the enforcement of this would be a resident would make a complaint and then the code enforcement officer would notify the resident of the complaint before any other action was taken. Mr. Hackworth stated he agreed we need to look at several sections in the Code that need to be updated, however, he would support this legislation as it was simple and to the point, and provides a mechanism that allows the City to enforce the Code. Mr. Parker stated the government process is that an issue starts out at Committee level, which this issue did, and it receives no media attention. He continued when it comes to Council floor that is when it receives the media attention, and Mr. Wisniewski has explained that people will not be put in jail for leaving their trash cans out. Mr. Parker stated if this were moved back to Committee it would allow the public to attend the Safety Committee meeting and provide input before it came back to Council floor. Mr. Sabatino moved to Table and refer it back to Safety Committee; Mr. Wright seconded the motion. Roll call was taken with Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs abstaining; Mr. Hackworth voted “Nay,” and Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.” Motion to Table failed 3-1. Roll call was taken on the third reading, as amended, with Mr. Wright, Mr. Parker, and Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, and Mr. Hackworth voting “Yea.” Motion passed, 4-3.
10. MOTIONS:
A. MOTION TO SET PUBLIC HEARING FOR OPEN DISCUSSION REGARDING PROPOSED 2005 BUDGET FOR DECEMBER 7, 2004, AT 7:00 P.M. Mr. Parker moved to set the public hearing regarding the 2005 Budget for December 7, 2004, at 7:00 P.M.; Mr. O’Brien 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.
B. MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(3) CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION AND SECTION 121.22(G)(4), MATTERS INVOLVING BARGAINING SESSIONS WITH PUBLIC EMPLOYEES. Mayor Shaver stated this executive session was no longer necessary.
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. Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mr. Wright, Mr. Parker, Mrs. Riggs, and Mr. Sabatino voted “Aye.” Motion carried, 7-0. The meeting adjourned at 9:05 P.M., November 16, 2004.
RESPECTFULLY SUBMITTED:
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ATTEST:
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