PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, DECEMBER 21, 2004

 

REGULAR COUNCIL 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 21, 2004, at City Hall.  Mayor Shaver called the meeting to order at 7:30 P.M.  Roll call was taken as follows:  Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Sabatino, Mr. Wisniewski, Mr. Parker and Mayor Shaver were present.  No members were absent.  Others present were:  Judy Gilleland, Lori Aberman, Linda Fersch, Chief Mike Taylor, Bob Mapes, Frank Wiseman, Lance Schultz, Susan Sheikh, Steve Carr, Tony Dill, Tamaria Liddell, Patti Wigington, Gregory Lowe, Brittany Moore, Russ Henestofel, Rachel Bennett, Mark Phillips, Heather Deley, Bryan Blaskie, David Foley, Steve Smith, Mark Landis, Shawn Gerardi, Rita Ricketts, Nate Mahler, and others.  Mr. Wisniewski delivered the invocation.

 

2.         A.        APPROVAL OF MINUTES OF DECEMBER 7, 2004, PUBLIC HEARING REGARDING 2005 BUDGET.  Mr. Hackworth moved to approve;  Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Parker, Mr. Wisniewski, Mr. Hackworth, Mr. O’Brien and Mrs. Riggs voting “Yea” and Mr. Wright abstaining.  Motion passed, 6-0.

 

            B.         APPROVAL OF MINUTES OF DECEMBER 7, 2004, PUBLIC HEARING REGARDING REZONING OF 2.81 ACRES.  Mr. Hackworth moved to approve;  Mr. Parker seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Hackworth, Mr. Parker, Mrs. Riggs and Mr. Wisniewski voting “Yea” and Mr. Wright abstaining.  Motion passed, 6-0.

 

            C.        APPROVAL OF MINUTES OF DECEMBER 7, 2004, PUBLIC HEARING REGARDING REZONING OF 77.86 ACRES.  Mr. Hackworth moved to approve;  Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Parker, Mr. O’Brien, Mrs. Riggs and Mr. Sabatino voting “Yea” and Mr. Wright abstaining.  Motion passed, 6-0.

 

            D.        APPROVAL OF MINUTES OF DECEMBER 7, 2004, REGULAR MEETING.  Mr. O’Brien moved to approve;  Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Parker, Mr. Wisniewski and Mrs. Riggs voting “Yea” and Mr. Wright abstaining.  Motion passed, 6-0.

 

3.         APPROVAL OF AGENDA.  Mr. O’Brien moved to approve;  Mr. Wright 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.

 

4.         COMMUNITY COMMENTS. 

 

A.     Mrs. Rita Ricketts, 340 Hill Road North.  Mrs. Ricketts stated she was

present in regard to Ordinance 2004-80 for the approval of the rezoning of acreage at 8110 Refugee Road from AG to C2 (Central Business Mixed Use) and PR10.  She inquired as to whether the City is going to allow a PR10 with more than two units per acre in light of the petition that was passed by the residents.  Mayor Shaver stated the City’s understanding is that this is not a new zoning issue, it fulfills the obligations under the contract.  Mrs. Ricketts again asked would the City allow more than two units per acre even though it is a part of a pre-annexation agreement that was not platted prior to this point in time.  Ms Gilleland stated the City has discussed this issue with their attorneys and the City has been advised that with the pre-annexation agreements that are in place the City is subject to and must uphold those agreements.  The agreement specifies the zoning for this parcel if it is to be annexed.  She continued the City is bound to the pre-annexation agreements.  Mrs. Ricketts inquired has the City given up the annexations to the south?  Mayor Shaver stated absolutely not, they are required to continue to litigate those issues.  He continued the City has not abandoned any of the annexations.   

 

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

 

6.         MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(3) CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION.  Mr. Hackworth 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 Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino and Mr. Parker voting “Yea.”  Motion passed, 7-0. 

 

Council adjourned into Executive Session at 7:55 P.M. and reconvened in open session at 8:10 pm.

 

7.         COMMITTEE REPORTS:

 

A.                 RULES COMMITTEE (Mrs. Riggs).  Mrs. Riggs stated Rules Committee

met on Monday, December 6.  They have a motion before Council tonight to enact a Utilities Fee Review Committee.   She continued there is also a position coming available on the Personnel Appeals Board and applications will be accepted for that volunteer position.

 

B.                 SAFETY COMMITTEE (Mr. Wisniewski).  Mr. Wisniewski stated Safety

Committee met on Monday, December 6.  One Resolution was brought forward to apply for ODNR grant money.  He continued they are still reviewing traffic calming devices for neighborhoods.

 

C.                 SERVICE COMMITTEE (Mr. Hackworth).  Mr. Hackworth stated

Service Committee met on December 9.  They have been working on the Transportation Improvement Plan during a work session.  There have been a few complaints about I-70 and State Route 256 traffic. 

 

D.                 FINANCE COMMITTEE (Mrs. Riggs).  Mrs. Riggs stated they had

Heather Yakes do a presentation on behalf of the Miss Pickerington Scholarship Program.  This organization is requesting some money from the City and the Committee is reviewing the request.  The Committee also brought forward to Council an Ordinance to enter into a contract for prosecutorial services with Lancaster. 

 

8.         REPORTS:

 

A.                 MAYOR.  Mayor Shaver stated he has been attending numerous

Christmas celebrations and tree lighting ceremonies in the City.  The Community is very giving and has a lot of holiday spirit.  He continued there are continuing discussions on southern annexation issues and hope to begin scheduling meetings in early January with Violet Township to begin to solidify a Joint Economic Development District.  Mayor Shaver stated Ms. Crotty chaired a meeting with City officials and local basketball coaches and the Ohio Basketball Hall of Fame.  The Ohio Basketball Hall of Fame is presently looking for site for a basketball museum.  Mayor Shaver stated Pickerington was lucky enough to be on the list of potential sites they are considering.  Mayor Shaver stated the last thing is bitter sweet the City is saying good by to Mr. Mapes the City Law Director.  A plaque was presented to Mr. Mapes as a thank-you for all of his years of service as the Law Director for the City of Pickerington.  Mayor Shaver stated if any Council members wanted to add to his presentation to Mr. Mapes they could do so at this time.  Mr. Parker stated Mr. Mapes has always worked diligently for the City throughout the years.  Mr. Wright stated he wanted to thank Mr. Mapes for his years of service and guidance and that he will be missed.  Mr. Hackworth stated he wanted to thank Mr. Mapes for all of his years of professional service.   

 

B.                 LAW DIRECTOR.  Mr. Mapes stated there are two ordinances on the

agenda tonight and amendments have been prepared to clarify some issues.  Item 9. L. on the agenda is the Sycamore Creek rezoning that Mrs. Ricketts was talking about.  The amendment clarifies that the traffic study needs to be completed before the third reading of Council.  He continued the other ordinance is the third reading on ordinance 2004-79 which is item 10. B. on the agenda.  The amendment is to clarify the effective date of the approval of that zoning which will not go into effect until the later of thirty days or the completion of the traffic study that needs to be completed.  If the traffic study is not completed the zoning will not go into effect.  Once that is completed and signed then the zoning will go into effect in thirty days.  Mr. Mapes stated he appreciates the plaque that was presented to him tonight.  Mr. Parker stated he feels there is some additional information that needs to be included in Ordinance 2004-80 so his plan is to request that it be tabled when it comes up on the agenda.  He continued he also plans to have the third reading and then move to amend by substitution Ordinance 2004-79.   

 

C.                 FINANCE DIRECTOR.  Mrs. Fersch stated she has one item on the

agenda item 9. E. the end of the year appropriation changes to clear things up for the final budget.  Mrs. Fersch stated she also appreciates all that Mr. Mapes has done throughout the years. 

 

D.                 MANAGER.  Ms Gilleland stated the City has been in communication

with ODOT on solutions for the I-70 and State Route 256 areas.  The City realizes this is very frustrating and traffic has been severely backed-up.  ODOT is aware of the issues and the City and ODOT are working to resolve the issues.  She continued State Route 256 at Drug Mart roadway project is winding down for the winter, there is still signage to be installed and grading and signal work to be completed.  Next spring the rough areas of the asphalt will be repaired and the final grading and seeding will be completed in the spring as well.  The project will not be finalized until the City is comfortable and satisfied with the work.  Ms Gilleland stated agenda items 9. G. and 9. H. pertain to a contract with the Lancaster prosecutor’s office to perform prosecution services in both Lancaster Municipal Court and the Pickerington Mayor’s Court.  These are both one year contracts and she is asking for only the first reading tonight.  She continued item 9. I. pertains to a NatureWorks Grant it authorizes the City Manager to apply for a $16,000 grant for a Disc Golf Course on the Water Tower Park site off of State Route 256 east of Simsbury.  The Parks and Recreation Board has recommended this project and the grant application.  Ms Gilleland stated she would like to thank the Service Department and the Parks Employees for their hard work and good work with the snow and ice clearing.  Mr. Parker stated he would like to ask the City Manager to keep some type of a chronological order of dialog between ODOT so if something does not go as planned the City can refer back to this information and state this is what they agreed to and this is what they stated they would do to fix the problem.  Mr. Sabatino inquired when would the traffic cones be removed from State Route 256 by Drug Mart.  Mr. Wiseman stated they should be removed tomorrow.  Mr. O’Brien stated Councilmen often receive calls of concern from citizens for various issues and based on what happened last Sunday with the snow he received a lot of calls and they were all very positive in support of the Service Department because of the great job they did.   

 

9.         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 2004-89, “AN ORDINANCE TO AMEND SECTION 220.04(d) AND ENACT CHAPTER 268 OF THE PICKERINGTON CODIFIED ORDINANCES TO CREATE THE UTILITY FEES REVIEW COMMITTEE,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion.  Mr. Hackworth stated this is a Commission that is being set-up out of the Service Committee and they will be discussing a number of utility fees.  There is a need for volunteers from the community for this committee.  The Commission may recommend fee adjustments for water and sewer and some of the other utility rates.  Mr. Wright inquired as to whether this will be an advisory committee.  Mr. Hackworth stated it would be an advisory committee.  Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mrs. Riggs and Mr. Hackworth voting “Yea,” and Mr. Sabatino and Mr. Wright abstaining.  Motion passed, 5-0. 

 

            C.        ORDINANCE 2004-90, “AN ORDINANCE TO PROVIDE FOR CERTAIN WATER SERVICE CONNECTION CONDITIONS AND OPTIONS,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated during the recent waterline installation on Pearl Lane the City offered water taps and allowed citizens to hook-up as a special assessment on their property taxes.  This will be extended for a six-month period to allow another 51 potential water customers to allow them to pay the tap fee and the frontage fee and hook-up to the City’s water system via a special assessment they can pay through their taxes.  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 2004-91, “AN ORDINANCE TO AMEND CHAPTER 1422 RELATIVE TO THE RESIDENTIAL CODE OF OHIO,” First Reading, O’Brien.  Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion.  Mr. O’Brien stated the Ohio Residential Code’s name has been change to the Residential Code of Ohio so the City will change our paperwork to reflect the name change.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth and Mr. O’Brien voting “Yea.”  Motion passed, 7-0.

 

            E.         ORDINANCE 2004-92, “AN ORDINANCE AMENDING THE 2004 APPROPRIATION ORDINANCE 2003-97,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion.  Mr. Hackworth stated this is the final year adjustment of all of the accounts and he would like to ask for three readings on this.  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.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mr. Parker 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.  Mr. Hackworth moved to adopt; Mrs. Riggs 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.  Mr. Hackworth moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. Parker, Mr. Wright, Mr. O’Brien, Mr. Sabatino and Mrs. Riggs voting “Yea.”  Motion passed, 7-0.

 

            F.         ORDINANCE 2004-93, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE OFFICE OF THE AUDITOR OF STATE TO CONDUCT THE ANNUAL FINANCIAL AUDIT OF THE CITY OF PICKERINGTON, OHIO, FOR THE YEAR ENDED DECEMBER 31, 2004,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Wright seconded the motion.  Mr. Wisniewski stated this is for the annual audit with the State of Ohio.  Mr. Wisniewski inquired of the Finance Director what the fee is based on.  Mrs. Fersch stated it is based on how many hours it would take to do the report.  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.

 

            G.        ORDINANCE 2004-94, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE CITY OF LANCASTER FOR THE PROVISION OF PROSECUTION SERVICES FOR PICKERINGTON MISDEMEANOR CASES IN LANCASTER MUNICIPAL COURT,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion.  Mr. Wisniewski stated items G & H are combined to have Lancaster handle our prosecutorial services for Mayor’s Court in Pickerington and Fairfield County Municipal Court in Lancaster.  Ms. Gilleland stated the City received a letter a month or so ago from the Lancaster Prosecutor’s Office informing the City that they would need some additional funding.  The County currently pays for Township and City prosecution and it simply isn’t enough so they are out seeking funding from various entities in Fairfield County.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Hackworth and Mr. O’Brien voting “Yea,” with Mr. Wright abstaining.  Motion passed, 6-0.

 

            H.        ORDINANCE 2004-95, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE CITY OF LANCASTER FOR THE PROVISION OF PROSECUTION SERVICES FOR PICKERINGTON’S MAYOR’S COURT,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mrs. Riggs and Mr. Hackworth voting “Yea,” and Mr. Wright abstaining.  Motion passed, 6-0.

 

            I.          RESOLUTION 2004-29R, “RESOLUTION OF AUTHORIZATION,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Riggs stated this would allow the City Manager to file an application with the Ohio Department of Natural Resources for a $16,000 grant for a Disc Golf Course.  Mr. Carr stated it is for a Frisbee Disc Golf Course, which is played much like the game of Golf.  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.

 

            J.          RESOLUTION 2004-30R, “ANNUAL RESOLUTION TO REQUEST ADVANCE DISTRIBUTION OF TAX MONIES OF 5.5 MILL POLICE OPERATING LEVY FROM THE FAIRFIELD COUNTY AUDITOR PURSUANT TO SECTION 321.34, OHIO REVISED CODE,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mrs. Riggs seconded the motion.  Mr. Wisniewski stated this is the annual request that the City makes to Fairfield County for our Police Operating Levy.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth and Mr. O’Brien voting “Yea.”  Motion passed, 7-0. 

 

            K.        RESOLUTION 2004-31R, “A RESOLUTION TO REQUEST ADVANCE DISTRIBUTION OF TAX MONIES OF 2.3 MILL OPERATING LEVY FROM THE FAIRFIELD COUNTY AUDITOR PURSUANT TO SECTION 321.34, OHIO REVISED CODE,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. O’Brien seconded the motion.  Mr. Wisniewski stated this is for the general operating levy.  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.

 

            L.         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,” Second Reading, Parker.  Mr. Parker moved to adopt; Mr. Hackworth seconded the motion.  Mr. Parker stated there is some language in the ordinance that is not the way it should be, therefore that needs to be corrected before the third reading.  The correction in the language will restrict the limits on apartments in that area.  Mr. Sabatino stated his personal preference would be to table this until the ordinance language is correct.  Mr. Parker moved to TABLE; Mr. Sabatino seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Wright and Mr. Parker voting “Yea.” Motion passed, 7-0.  (TABLED)

 

            M.        ORDINANCE 2004-83, “AN ORDINANCE TO AMEND SECTION 236.05 (b) OF THE PICKERINGTON CODIFIED ORDINANCES RELATIVE TO DISPOSITION OF ESTATE TAX PROCEEDS,” Second Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mrs. Riggs seconded the motion.  Mr. Wisniewski stated this would establish where the City would allocate their funds if they should receive anything from estate taxes.  Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Wright and Mr. Parker voting “Yea.”  Motion passed, 7-0.

 

            N.        ORDINANCE 2004-87, “AN ORDINANCE AMENDING ORDINANCE 94-65 (EMPLOYEE RELATIONS MANUAL),” Second Reading, Wright.  Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion.  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.

 

            O.        ORDINANCE 2004-88, “AN ORDINANCE ADOPTING A CAPITAL IMPROVEMENTS PLAN (CIP) FOR 2005-2009,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this is for the Capital Improvements Plan for the next five years.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Parker and Mr. Hackworth voting “Yea,” and Mr. Sabatino and Mr. Wright abstaining.  Motion passed, 5-0.

 

10.       LEGISLATIVE READINGS:

           

            A.        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,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino and Mr. Wright voting “Yea.”  Motion passed, 7-0.

 

            B.         ORDINANCE 2004-79, “AN ORDINACNE 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 DEVELOPMENT, LTD., ” Third Reading, Parker.  Mr. Parker moved to adopt; Mr. Hackworth seconded the motion.   Mr. Parker stated he wants to make a motion to amend because there are two changes that have been made to the ordinance.  Mr. Parker moved to amend by substitution; Mr. Hackworth seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth and Mr. Sabatino voting “Yea.”  Motion to amend passed, 7-0.  Roll call on the motion as ordinance was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Wisniewski, Mrs. Riggs and Mr. Hackworth voting “Yea.”  Motion passed, 7-0. 

 

11.       MOTIONS:

 

A.        MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(3) CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION.  Mr. Wisniewski moved for Executive Session under Section 121.22 (G)(3), Conference with Law Director regarding pending or imminent court action; Mr. Hackworth seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Parker, Mr. Sabatino and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0. 

 

Council adjourned into Executive Session at 9:30 PM. and reconvened in open session at 9:44 P.M.

 

12.       OTHER BUSINESS.  No other business was brought forward.

 

13.       ADJOURNMENT.  There being nothing further, Mr. O’Brien moved to adjourn; Mr. Wright seconded the motion.  Mr. Sabatino, Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mr. Parker and Mrs. Riggs voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 9:45 P.M., December 21, 2004. 

 

RESPECTFULLY SUBMITTED:

 

 

 

___________________________________

Lori L. Aberman, Deputy Municipal Clerk

 

ATTEST:

 

 

 

____________________________________

David Shaver, Mayor