PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, DECEMBER 7, 2004

 

PUBLIC HEARING

OPEN DISCUSSION REGARDING PROPOSED 2005 BUDGET

7:00 P.M.

 

Mayor Shaver opened the Public Hearing at 7:00 P.M., with the following Council Members present:  Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Parker, Mr. Sabatino, Mr. Wisniewski, and Mayor Shaver.  Mr. Wright was absent.  Others present were:  Judy Gilleland, Lynda Yartin, Linda Fersch, Bob Mapes, and others. 

 

Ms Gilleland gave a brief presentation highlighting various items in the proposed budget and stated she would answer any questions anyone might have. 

 

Mayor Shaver ascertained there were no questions for Ms Gilleland. 

 

There being no further comments, Mayor Shaver closed the public hearing at 7:15 P.M., December 7, 2004.

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Lynda D. Yartin, Municipal Clerk


PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, DECEMBER 7, 2004

 

PUBLIC HEARING

OPEN DISCUSSION REGARDING PROPOSED REZONING OF 2.81 ACRES

7:15 P.M.

 

Mayor Shaver opened the Public Hearing at 7:15 P.M., with the following Council Members present:  Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Parker, Mr. Sabatino, Mr. Wisniewski, and Mayor Shaver.  Mr. Wright was absent.  Others present were:  Judy Gilleland, Lynda Yartin, Linda Fersch, Lance Schultz, Bob Nelson, Jeff McInturf, Bob Mapes, and others. 

 

Mr. Schultz stated this property is located just south of the Kohl’s store and gave a brief presentation highlighting the zoning history of this property.  Mr. Schultz stated the developer is proposing to combine this parcel with the parcel to the east to construct a retail shopping center.  Mr. Schultz stated the parcel to the east is zoned commercial, to the north it is planned/mixed use, and to the west and south it is residential.  Mr. Schultz stated the plans are consistent with the existing land use plan and the proposed growth management plan the City is preparing.  Mr. Schultz stated access to the site would be the extension of Stonecreek Drive.  He stated this property is not included in the TIF, but the City is in discussion with the developer to work out the details of a future TIF in this area.  Ms Gilleland clarified this is part of the Cover TIF and part of the potential roadway.  Mr. Schultz stated staff supported the proposed rezoning, and the Planning and Zoning Commission and Service Committee supported the rezoning contingent upon the traffic impact study being concluded, reviewed, and accepted by the City prior to any Certificate of Appropriateness for any building in the subject area be approved.  Mr. Schultz stated he would answer any questions anyone might have. 

 

Mr. Bob Nelson stated he was present representing the developer and he would answer any questions anyone might have.  Mr. Nelson stated what they planned to do was extend the drive south of Kohl’s so this parcel would line up with Kohl’s.  Mr. Nelson stated the development could go anywhere from 35,000 to 70,000 square feet, however, they do not have any commitments at this time. 

 

Mayor Shaver ascertained there were no further comments.   

 

There being no further comments, Mayor Shaver closed the public hearing at 7:23 P.M., December 7, 2004.

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Lynda D. Yartin, Municipal Clerk

 PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, DECEMBER 7, 2004

 

PUBLIC HEARING

OPEN DISCUSSION REGARDING PROPOSED REZONING OF 77.86 ACRES

7:20 P.M.

 

Mayor Shaver opened the Public Hearing at 7:23 P.M., with the following Council Members present:  Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Parker, Mr. Sabatino, Mr. Wisniewski, and Mayor Shaver.  Mr. Wright was absent.  Others present were:  Judy Gilleland, Lynda Yartin, Linda Fersch, Lance Schultz, Bob Nelson, Jeff McInturf, Bob Mapes, and others. 

 

Mr. Schultz stated this property is located at 8110 Refugee Road and is owned by Sycamore Creek Community Church.  He stated they are requesting a rezoning from AG (Rural District) to PR10 (Planned Condominium/Apartments) and C2 (Central Business/Mixed Use).  Mr. Schultz gave a brief presentation on the background of this property.  He stated Sycamore Creek Community Church entered into a pre-annexation agreement with the City nearly three years ago.  He stated the City and the Township have agreed to settle the pending lawsuit and proceed with the annexation.  Mr. Schultz stated the pre-annexation agreement allowed up to one-half of the property to be rezoned to PR10 for condominiums and the applicant is requesting 37.85 acres to be rezoned PR10 with the remaining 40 acres being zoned C2 which allows a mixed use of commercial business and apartments.  He stated currently that is where the church is located and they plan on keeping the church and putting in recreational facilities.  Mr. Schultz stated the frontage portion having a mix of retail offices is consistent with Violet Township’s existing and proposed land use plan and the City’s comprehensive plan.  He stated access to the site would be from an existing curb cut, and the City would require a traffic impact study in this area.  Mr. Schultz further stated the PR10 portion would have to get approval from the Planning and Zoning Commission, Service Committee, and City Council for condominiums.  He continued the C2 portion would have to get approval from the Planning and Zoning Commission.  Mr. Schultz stated Planning and Zoning Commission and Service Committee approved the rezoning request contingent upon the pre-annexation agreement being adhered to, that the third reading of the zone change not be completed until the City officially accepts the annexation, and that a traffic impact study be completed prior to the final reading. 

 

Mr. Jeff McInturf stated he was present representing the applicant and he would answer any questions anyone might have.  Mr. McInturf stated they do not have a buyer for any part of the property at this point, but they are trying to sell a portion of the property, limited to approximately 25 acres of the 78, and the Church’s intent is to continue to own and utilize the balance of the property for Church and community outreach in the way of nature trails, athletic fields, and such.  Mr. McInturf presented a conceptual plan that would indicate how the zoning would be split according to the pre-annexation agreement.  Mr. McInturf stressed this was conceptual only as they do not have a buyer for the property as yet.    He stated their intent was to sell only to a developer that would take into consideration the Church’s desire to build a high quality, high end development.  Mrs. Riggs clarified the Church had no intention of building apartments on the property. 

 

Mr. McInturf stated the pre-annexation agreement is very specific on the zoning, with one-half being PR10 and the other half being C2.  Mr. Sabatino stated he understood it was up to one-half, it did not require it to be one-half.  Mr. Sabatino stated if they did not intend to develop it as PR10, then why would they want to rezone that much of the space.  Mr. McInturf stated it was his understanding that by zoning it PR10 it gave the City more control over how it developed in the future.  Mr. Schultz stated PR10 zoning is more restrictive than C2.  Mr. Sabatino stated it allows for a higher density residential as opposed to commercial.  Mr. Schultz stated C2 allows density at the same level as PR10, it allows a mix of commercial and residential.  Mr. Hackworth stated however that PR10 allowed apartments.  Mr. Schultz stated PR10 and C2 allow apartments. 

 

Mayor Shaver ascertained there were no further comments.   

 

There being no further comments, Mayor Shaver closed the public hearing at 7:35 P.M., December 7, 2004.

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Lynda D. Yartin, Municipal Clerk


PICKERINGTON CITY COUNCIL

                                            TUESDAY, DECEMBER 7, 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, December 7, 2004, at City Hall.  Mayor Shaver called the meeting to order at 7:45 P.M.  Roll call was taken as follows:  Mr. Hackworth, Mr. Parker, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present. Mr. Wright was absent.  Others present were: Judy Gilleland, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Bob Mapes, Frank Wiseman, Pastor Con Wolf, McKenzie Fry, Patti Wigington, Tony Dill, Tamaria Liddell, Bob Nelson, Jeff McInturf, and others.  Pastor Wolf of Pickerington Christian Church delivered the invocation. 

 

2.         APPROVAL OF MINUTES OF NOVEMBER 16, 2004, REGULAR MEETING.  Mr. Parker moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Parker, Mr. Wisniewski, Mr. Hackworth, Mr. O’Brien, and Mrs. Riggs 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. O’Brien, Mr. Hackworth, Mr. Parker, Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0. 

 

4.         COMMUNITY COMMENTS:  

 

A.        Mr. Parker stated there are a lot of things that go on behind the scenes in the City and living in the old downtown area he sees many activities.  Mr. Parker stated this past weekend there were horse drawn carriages and the lighting of the City’s Christmas Tree.  Mr. Parker stated he would like to thank the Parks Department and all of the people involved who take the time to put up the Christmas lights and decorations in the old downtown because it is a beautiful area. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there were no Consent Agenda items this evening. 

 

6.         COMMITTEE REPORTS: 

 

            A.        FINANCE COMMITTEE.  Mrs. Riggs stated there were several work sessions to review the 2005 budget and she would like to thank staff for the great job they did with the budget.   

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated the Monthly Mayor’s Court Report has been distributed.  Mayor Shaver further stated he would like to congratulate all of the staff for all the work on the budget this year.  He stated it was totally reformatted and done in a very professional manner.  Mayor Shaver stated this past weekend there was a very nice gathering at the Library for children to meet Santa, we had the ceremony for the Mitten Tree, and the Lighting of the City’s Christmas Tree.  Mayor Shaver stated he would like to commend Dorothy Steiger for her efforts each year with the mitten tree as it supplies hats, gloves, mittens, etc. to a great number of children in our County.  Mayor Shaver stated he would like to join Mr. Parker in commending our staff for their hard work in the downtown as it did look wonderful. 

 

B.         LAW DIRECTOR.  Mr. Mapes stated with regard to the two public hearings held this evening on rezoning requests, the ordinances will be amended to reflect the contingencies required by both Planning and Zoning Commission and Service Committee.  Mr. Mapes stated he will have the amended ordinances for the next Council meeting.  Mr. Mapes stated tonight’s agenda also has legislation to accept the collective bargaining agreement with AFSCME and it is written as an emergency in order to allow those employees to receive their pay increase with the first pay period of the year.  He stated the Pay Plan and Authorized Strength for 2005 is also on tonight’s agenda and is also written as an emergency.  Mr. Mapes stated he would be happy to answer any questions.    

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she would request three readings this evening on the appropriation ordinance so she can take care of some items before the end of the year.  She further stated she would request three readings with emergency to authorize the agreement with the State Auditor’s office to do our Comprehensive Annual Financial Report so we can get that started at the first of the year.  Mrs. Fersch also stated she would request three readings with emergency on the Resolution designating financial institutions as public depositories as our current contracts expire on December 31, 2004.  Mrs. Fersch stated she would also request three readings on the budget this evening so it will be in effect prior to the beginning of the payroll year which starts on December 20, 2004.      

   

D.        MANAGER.  Ms Gilleland stated her report had been distributed and she would answer any questions.  Ms Gilleland stated she realizes that we try to avoid requesting multiple readings or emergency passage of legislation as much as possible, however, the end of the year is always an exception to that rule.  She stated we have the budget ordinance and pay ordinances and we like to put the appropriate measures into action with the new calendar year.  Mr. Wisniewski ascertained we have had on-going discussion with the contractor performing the work on S.R. 256, and there have been a combination of issues with weather, change orders, etc. that has caused problems on this project.  Ms Gilleland stated there will be a full de-briefing with staff on this project.  She stated she hoped to see more progress on the project next week. 

 

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 2004-79, “AN ORDINANCE TO APPROVE THE REZONING OF 2.81+/- ACRES, LOCATED WEST OF THE STATE ROUTE 256 AND STONECREEK DRIVE INTERSECTION AND SOUTH OF KOHL’S DEPARTMENT STORE, FROM R4 (RESIDENTIAL DISTRICT) TO C3 (COMMUNITY COMMERCIAL DISTRICT) FOR NOCA RETAIL DEVELOMENT, LTD.,” First Reading, Parker.  Mr. Parker moved to adopt; Mrs. Riggs seconded the motion.  Mr. Parker stated the public hearing on this issue was held earlier this evening, and this is to change a residential zoning to commercial.  Mr. Parker stated he felt it would be a fine project.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, 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 a second reading; Mr. Hackworth seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Hackworth, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino 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 Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

C.        ORDINANCE 2004-80, “AN ORDINANCE TO APPROVE THE REZONING OF 77.86+/- ACRES, LOCATED AT 8110 REFUGEE ROAD, FROM AG (RURAL DISTRICT) TO C2 (CENTRAL BUSINESS/MIXED USE DISTRICT) AND PR10 (PLANNED CONDOMINIUM/APARTMENT RESIDENTIAL DISTRICT) FOR SYCAMORE CREEK COMMUNITY CHURCH,” First Reading, Parker.  Mr. Parker moved to adopt; Mr. Hackworth seconded the motion.  Mr. Parker stated the public hearing on this request was also earlier this evening.  Mr. Parker stated it appears we are able to move forward with this annexation at this time and they have been patient for three years.  Mr. Parker stated the Church is looking to put in condominiums and some commercial and he felt this was very appropriate land use for that area.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0. 

 

D.        ORDINANCE 2004-81, “AN ORDINANCE ADOPTING THE BUDGET FOR THE 2005 FISCAL YEAR BEGINNING JANUARY 1, 2005,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion.  Mr. Hackworth stated he would also like to commend the staff for all the hard work put into getting the budget to Council so they had the opportunity to review it and ask questions.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth 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, Mrs. Riggs, Mr. Sabatino, Mr. O’Brien, and Mr. Parker voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Parker, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

E.         ORDINANCE 2004-82, “AN ORDINANCE AMENDING THE 2004 APPROPRIATION ORDINANCE 2003-97,” First Reading, Wright.  Mr. Parker moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Riggs stated these appropriations were approved by Finance Committee and explained by Mrs. Fersch in her report.  Mrs. Riggs stated she would ask for three readings this evening.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mrs. Riggs moved to suspend the rules for the purpose of three readings; Mr. Hackworth seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Hackworth, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Parker moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Parker moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

F.         ORDINANCE 2004-83, “AN ORDINANCE TO AMEND SECTION 236.05(b) OF THE PICKERINGTON CODIFIED ORDINANCES RELATIVE TO DISPOSITION OF ESTATE TAX PROCEEDS,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion.  Mr. Wisniewski stated this merely dealt with the way we are allocating any proceeds we may receive from estate taxes.  Roll call was taken with Mr. Wisniewksi, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0. 

 

G.        ORDINANCE 2004-84, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE LOCAL GOVERNMENT SERVICES DIVISION OF THE OFFICE OF THE AUDITOR OF STATE TO ASSIST THE CITY IN PREPARING A COMPREHENSIVE ANNUAL FINANCE REPORT AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY IN ORDER TO MEET THE AGREEMENT DEADLINE OF THE AUDITOR OF STATE,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Mrs. Riggs stated as Mrs. Fersch had pointed out this is a more comprehensive report and will help with our Moody Rating in the future.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mrs. Riggs 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, Mrs. Riggs, Mr. Sabatino, Mr. O’Brien, and Mr. Parker voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion.  Mr. Sabatino clarified that the Auditor of State was aware that with our meeting schedule we would not meet their November 30th deadline, and the ordinance would be considered this evening.  Roll call was taken with Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading with emergency.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. O’Brien, Mr. Sabatino, Mr. Wisniewski, Mr. Parker, and Mrs. Riggs voting “Yea.”  Motion passed, with emergency, 6-0. 

 

H.        ORDINANCE 2004-85, “AN ORDINANCE AUTHORIZING THE CITY MANAGER OT ENTER INTO A COLLECTIVE BARGAINING AGREEMENT WITH OHIO COUNCIL 8, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL NO. 1822 FOR 2005, 2006, AND 2007 AND THE DECLARATION OF AN EMERGENCY AND IMMEDIATE NECESSITY SO THAT EMPLOYEES MAY RECEIVE THE PAY INCREASE EFFECTIVE WITH THE 2005 PAYROLL YEAR COMMENCING DECEMBER 20, 2004,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Parker seconded the motion.  Mrs. Riggs stated she commended Mr. Mapes, Mrs. Sheikh, and the City’s negotiating team for bringing forward a great contract.  Mrs. Riggs stated this does include a three and one-half percent pay increase for our union employees.  Mrs. Riggs stated she would ask for three readings this evening.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mrs. Riggs moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Hackworth, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading, with emergency.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, Mrs. Riggs, and Mr. Parker voting “Yea.”  Motion passed, with emergency, 6-0. 

 

I.          ORDINANCE 2004-86, “AN ORDINANCE ADOPTING AN EMPLOYEE PAY PLAN AND AUTHORIZED STRENGTH FOR 2005 AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY,” First Reading, Wright.  Mr. Parker moved to adopt; Mr. Wisniewski seconded the motion.  Mrs. Riggs stated this was basically the authorized strength for the year and it does include a three and one-half percent pay increase for our non-union employees.  Mr. Hackworth clarified we are adding one police officer and moving one employee from building inspector to code enforcement officer, and adding one service worker.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Hackworth, and Mr. O’Brien 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. Parker, Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, and Mr. Parker voting “Yea.”  Motion passed, 6-0.  Third Reading, with emergency.  Mr.  Parker moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. O’Brien, Mrs. Riggs, Mr. Parker, and Mr. Sabatino voting “Yea.”  Motion passed, with emergency, 6-0. 

 

J.          ORDINANCE 2004-87, “AN ORDINANCE AMENDING ORDINANCE 97-65 (EMPLOYEE RELATIONS MANUAL),” First Reading, Wright.  Mr. Parker moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Riggs stated this amendment would provide one additional personal day for our non-union employees as that was negotiated for the union employees in the contract just acted upon.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  

 

K.        ORDINANCE 2004-88, “AN ORDINANCE ADOPTING A CAPITAL IMPROVEMENTS PLAN (CIP) FOR 2005-2009,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated the CIP was prepared in a new format this year that is much easier to read and follow.  He stated he would like to thank the staff for their work in preparing the CIP.  Mr. Hackworth stated this year we would be doing the Sycamore Creek sewer line and a second gravity line for 2006 which has been a real problem for Cherry Hill and Colony Park.  Mr. Hackworth stated he would be happy to answer any questions.  Mr. Parker stated he did not see anything for any type of sewer plant expansion in the Wastewater section.  Ms Gilleland stated the sewer plant expansion was included in the Unfunded Project section.  She stated she put it in that section as she was not sure what type of figure to include and we do not have the results of the stress test back yet.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

L.         RESOLUTION 2004-28R, “A RESOLUTION DESIGNATING FINANCIAL INSTITUTIONS AS PUBLIC DEPOSITORIES AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY SO THAT COUNCIL’S ACTION CAN BE COMPLETED AND EFFECTIVE PRIOR TO DECEMBER 31, 2004, THE EXPIRATION OF THE CURRENT CONTRACTS,” First Reading, Wright.  Mr. Parker moved to adopt; Mr. Hackworth seconded the motion.  Mr. Hackworth stated Finance Committee had reviewed all the proposals, and they had forwarded this legislation to Council.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth 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, Mrs. Riggs, Mr. Sabatino, Mr. O’Brien, and Mr. Parker voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading, with emergency.  Mr. Parker moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. O’Brien, Mr. Sabatino, Mr. Wisniewski, Mr. Parker, and Mrs. Riggs voting “Yea.”  Motion passed, with emergency, 6-0.  

 

M.        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,” Second Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 6-0. 

 

9.         LEGISLATIVE READINGS:  NONE

 

10.       MOTIONS. 

 

A.        MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(3) CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION.  Mayor Shaver stated this executive session was not necessary. 

 

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

 

12.       ADJOURNMENT. There being nothing further, Mr. Parker moved to adjourn; Mr. Wisniewski seconded the motion.  Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Sabatino voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 8:35 P.M., December 7, 2004.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

___________________________________

David Shaver, Mayor