PICKERINGTON CITY COUNCIL
TUESDAY, APRIL 5, 2005
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, April 5, 2005, 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. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present. Mr. Parker was absent. Others present were: Judy Gilleland, Lynda Yartin, Linda Fersch, Commander Steve Annetts, Phil Hartmann, Frank Wiseman, Jennifer Frommer, Patti Wigington, Jack Sower, Pastor Scott Kelso, McKenzie Fry, Mike Cope, Rex Myer, Carol Carter, Kirk Richards, and others. Pastor Kelso of Trinity Family Life United Methodist Church delivered the invocation.
2. A. APPROVAL OF MINUTES OF MARCH 15, 2005, WORK SESSION. Mr. Hackworth moved to approve; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. Wisniewksi, Mr. Wright, Mr. Hackworth, Mr. O’Brien, and Mrs. Riggs voting “Yea.” Motion passed, 5-0.
B. APPROVAL OF MINUTES OF MARCH 15, 2005, REGULAR MEETING. Mr. Hackworth moved to approve; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Motion passed, 5-0.
3. APPROVAL OF AGENDA. Mr. O’Brien moved to approve; Mr. Hackworth seconded the motion. Mr. O’Brien moved to amend the agenda to add Resolution 2005-03R, a resolution appointing Joshua M. Binkley to the Planning and Zoning Commission, Resolution 2005-04R, a resolution appointing Jacqueline Hymes to the Personnel Appeals Board, and Resolution 2005-05R, a resolution appointing Carol Carter to the Tree Commission, to the Consent Agenda; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion to amend passed, 6-0. Roll call was taken on the agenda as amended with Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mrs. Riggs, and Mr. Sabatino voting “Yea.” Motion passed, 6-0.
4. COMMUNITY COMMENTS: There were no community comments.
5. APPROVAL OF CONSENT AGENDA: Mr. O’Brien moved to approve the Consent Agenda, Resolution 2005-03R, a Resolution appointing Joshua M. Binkley to the Planning and Zoning Commission, Resolution 2005-04R, a Resolution appointing Jacqueline Hymes to the Personnel Appeals Board, and Resolution 2005-05R, a Resolution appointing Carol Carter to the Tree Commission; Mr. Hackworth seconded the motion. Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Motion passed, 6-0.
6. COMMITTEE REPORTS:
A. FINANCE COMMITTEE. Mrs. Riggs stated Finance Committee met on March 17th, and the minutes from that meeting have been distributed. Mrs. Riggs stated several item from that meeting were on tonight’s agenda and she would be happy to answer any questions. Mrs. Riggs further stated Finance Committee met for a Special Meeting on March 23rd, and the minutes from that meeting have also been distributed. She stated she would answer any questions.
7. REPORTS:
A. MAYOR. Mayor Shaver stated the Monthly Mayor’s Court Report had been distributed and he would be happy to answer any questions anyone might have.
B. LAW DIRECTOR. Mr. Hartmann stated he had nothing to report, but would be happy to answer any questions.
C. FINANCE DIRECTOR. Mrs. Fersch stated if possible she would like to have three readings on Ordinance 2005-31, the appropriation ordinance on tonight’s agenda. She further stated she had requested Mr. Mike Cope to brief Council this evening on the State Infrastructure Bank Loan process. Mr. Cope provided a briefing to Council on the process and stated he would be happy to answer any questions.
D. MANAGER. Ms Gilleland stated her report had been distributed and she would be happy to answer any questions.
E. SERVICE DIRECTOR. Mr. Wiseman stated the contractor will be back on site in the next few weeks to complete work at the Diley Road and S.R. 256 intersection realignment project.
F. PERSONNEL DIRECTOR. Mrs. Sheikh stated Ordinance 2005-34 on tonight’s agenda dealt with adding one Service Technician 1 position to the Pay Plan and deleting one Service Worker position. She stated she would be happy to answer any questions.
8. PROCEDURAL READINGS:
A. ORDINANCE 2005-31, “AN ORDINANCE AMENDING THE 2005 APPROPRIATION, ORDINANCE 2004-81,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Mr. Hackworth stated this appropriation included the funds for the purchase of park land and to put funds in the Windmiller/Diley TIF Construction Fund. Mr. Wright stated he could not support this as he felt the City was paying for land they should have had at no charge. Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, and Mr. Hackworth voting “Yea.” Motion passed, 4-2. Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, and Mr. O’Brien voting “Yea.” Motion failed, 5-1.
B. ORDINANCE 2005-32, “AN ORDINANCE AMENDING PICKERINGTON CODIFIED ORDINANCES SECTION 248.01 ENTITLED “BONDS” TO CHANGE CERTAIN PERFORMANCE BOND AMOUNTS AND TO ADD A SECTION ENTITLED “TAX ADMINISTRATOR,” First Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.” Motion passed, 6-0.
C. ORDINANCE 2005-33, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR A STATE INFRASTRUCTURE BANK LOAN TO THE OHIO DEPARTMENT OF TRANSPORTATION FOR THE CITY OF PICKERINGTON’S COST SHARE ASSOCIATED WITH THE DILEY ROAD WIDENING AND REALIGNMENT PROJECT,” First Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, and Mr. O’Brien voting “Yea.” Motion passed, 4-2.
D. ORDINANCE 2005-34, “AN ORDINANCE AMENDING ORDINANCE 2004-86 (EMPLOYEE PAY PLAN AND AUTHORIZED STRENGTH),” First Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. O’Brien seconded the motion. Mr. Wisniewski stated as Mrs. Sheikh had briefed earlier this was to reclassify an employee. He stated he would ask for three readings this evening. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mrs. Riggs, and Mr. Hackworth voting “Yea.” Motion passed, 6-0. Mr. Wisniewski moved to suspend the rules for the purpose of three readings; Mr. Hackworth seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino voting “Yea.” Suspension of Rules passed, 6-0. Second Reading. Mr. Wisniewksi moved to adopt; Mr. O’Brien seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 6-0. Third Reading. Mr. Wisniewski moved to adopt; Mr. O’Brien seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Hackworth, and Mr. Sabatino voting “Yea.” Motion passed, 6-0.
E. ORDINANCE 2005-35, “AN ORDINANCE AUTHORIZING THE PAYMENT OF CERTAIN UNREIMBURSED CLAIMS OF PROPERTY OWNERS AFFECTED BY THE DECEMBER 22, 2004, WINTER STORM EVENT,” First Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Mrs. Riggs stated she would ask for three readings on this legislation this evening so the City could proceed to make payments to residents. Mr. Wright clarified that each claim was being dealt with on a case-by-case basis. Mr. Sabatino stated he would like to point out that he would abstain from voting on this issue as he was one of the affected residents. Roll call was taken with Mr. Sabatino abstaining, and Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, and Mr. Wright voting “Yea.” Motion passed, 5-0. Mrs. Riggs moved to suspend the rules for the purpose of three readings; Mr. Hackworth seconded the motion. Mr. Sabatino clarified with the law director that it would not be an ethics violation if he voted for the suspension of rules. Mr. Hartmann stated as the vote on suspension of rules was not in favor of the actual legislation, only to allow the three readings, there would be no conflict for Mr. Sabatino to vote for it. Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mrs. Riggs, Mr. Sabatino, and Mr. O’Brien voting “Yea.” Suspension of Rules passed, 6-0. Second Reading. Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, and Mr. Hackworth voting “Yea.” Motion passed, 5-0. Third Reading. Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, and Mr. Wright voting “Yea.” Motion passed, 5-0.
F. ORDINANCE 2005-36, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BARB SLAVEN FOR PUBLIC INFORMATION CONSULTING SERVICES,” First Reading, Wisniewski. Mr. Wisniewksi moved to adopt; Mr. O’Brien seconded the motion. Mr. Sabatino stated he felt there was a potential for a conflict if anyone who benefited from Ms Slaven’s articles voted for this contract. Mrs. Riggs stated she did not know how Mr. Sabatino felt Council benefited from this contract, and Mr. Sabatino stated they got their names and pictures in the paper. Mr. Wright stated he had worked with Ms Slaven on an article regarding regionalization and then was told the Mayor said he could not write articles regarding city policy. He stated that article did appear in the paper later with the interim city manager as the author. Mr. O’Brien stated he would like to point out that he wrote his own articles, she just polishes them up and puts them in the proper format. Mr. Wright inquired if we would continue having an editing board. Mayor Shaver stated there was no editing board, articles were submitted to the City Manager and himself, however, he does not recall ever advising her not to print something. Roll call was taken with Mr. Wright abstaining, Mr. Sabatino voting “Nay,” and Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, and Mr. O’Brien voting “Yea.” Motion passed, 4-1.
G. ORDINANCE 2005-37, “AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT SETTLING CLAIMS ARISING FROM FAIRFIELD COUNTY COMMON
PLEAS COURT CASE NO. 02-CV-645,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien
seconded the motion. Mr. Hackworth
stated this was an agreement with Violet Township and Canal Winchester to drop
the injunctions so the normal process of the annexation of the 316 acres can
proceed. Mr. Wisniewski clarified this
did not mean we had to accept the annexation, it was merely settling the court
case. Mr. Hartmann stated that was
correct, when the ordinance to annex the property goes before Council if they
do not want to annex the property they do not have to. Mayor Shaver stated if he recalled, the
annexation had been passed in violation of an injunction. Mr. Hartmann stated that was correct, at the
time there were allegations the City did not get notice of the injunction being
issued, and the Court rendered a decision rendering the action of the City void
at that time so, according to the Court, the annexation did not take place. Mr. Hartmann stated this is an injunction
action that was filed by Canal Winchester and Violet Township against
Pickerington, and the goal is they will withdraw their injunction action and we
can then proceed with the annexation or however the City decides to go
forward. Mr. Sabatino stated after
speaking with the City Manager he had three specific questions concerning the
agreement. He stated he was informed
Council would be getting a revised copy of the agreement and he understood
since Council would not get that copy until late, it would not be voted on this
evening. He stated he would abstain from
voting as he had not received the answers to his questions and he has not had
time to review this document. Ms
Gilleland stated she had spoken to Mr. Hartmann regarding tabling this item
this evening, and he had asked Council continue to consider it in light of
having Violet Township and Canal Winchester involved as well. Mr. Hartmann stated Violet Township and Canal
Winchester considered this already, and passed it by emergency. He stated they understood the City’s
procedure did not allow it to be passed by emergency and they have been very
patient and understanding in getting this matter continued until the end of May
with the Court so we can have three readings and the 30-day waiting
period. Mr. Hartmann stated the actual
amendments to the agreement were basically nonsubstantive and were related to
concerns raised during the Finance Committee that it was a little confusing
with so many references to the 362 annexation, and that was just cleared
up. Mr. Sabatino inquired if Council
just received this tonight, how could the other parties agree to it if it
wasn’t in its final form. Mr. Hartmann
stated he would have to speak to the Township and Canal Winchester, and they
would have to deal with their public body.
He stated they may have to go back and revote on it based on the
changes. Mr. Hartmann stated they have
been forewarned that the changes are nonsubstantive, and he has spoken with
each public body and they understand we will be considering it tonight. Mr. Sabatino stated then, they have not
approved the document Council would be voting on. Mr. Hartmann stated he would state they have
approved it, the only changes are we have actually taken paragraphs that were
referenced and incorporated them in it, and there is additional clarification
language relating to what was intended, and when he spoke with Canal’s attorney
they both considered that something was a little unclear but they knew exactly
what each one meant. Mr. Hartmann stated
it would be up to them whether they pass it again or vote by motion to adopt it
or however they feel they need to procedurally do it. He stated further, in his opinion they have
considered it and passed it as Council previously saw it, and the changes that
were made were nonsubstantive. Mr.
Wright clarified that Clause 10 states that Pickerington “would cooperate in
rezoning a portion of the property, as necessary, to permit up to one hundred
(100) condominium units or up to one hundred (100) zero lot line cluster
homes.” He stated he felt he had asked
this, perhaps indirectly through the e-mail he sent Mr. Hartmann, about whether
condominiums are allowed under the two unit per acre initiative that was
passed, and he would like to know if this violated the initiative that the
citizens voted on and passed. Ms
Gilleland stated the condos were agreed to as part of the pre-annexation
agreement that was done prior to the initiative. Mr. Hartmann stated there was a similar issue
raised in the 362 acre annexation, and since the agreement was entered into
prior to the initiative it would be abiding by the pre-annexation agreements
that were previously entered into. Mr.
Wright questioned when he would get an opinion from Mr. Hartmann regarding the
e-mail he had sent him and Mr. Hartmann stated he would check and get back with
Mr. Wright tomorrow. Roll call was taken
with Mr. Sabatino abstaining, and Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr.
Hackworth, and Mr. Wright voting “Yea.” Motion
passed, 5-0.
*H. RESOLUTION 2005-03R, “A RESOLUTION
APPOINTING JOSHUA M. BINKLEY TO THE PLANNING AND ZONING COMMISSION,” First
Reading, Hackworth. Mr.
O’Brien moved to adopt; Mr. Hackworth seconded the motion. Roll call was taken with Mrs. Riggs, Mr.
O’Brien, Mr. Wright, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting
“Yea.” Motion passed, 6-0 (CONSENT AGENDA ITEM)
*I. RESOLUTION 2005-04R, “A RESOLUTION APPOINTING JACQUELINE HYMES TO THE PERSONNEL APPEALS BOARD,” First Reading, Hackworth. Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion. Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Motion passed, 6-0 (CONSENT AGENDA ITEM)
*J. RESOLUTION 2005-05R, “A RESOLUTION APPOINTING CAROL CARTER TO THE TREE COMMISSION,” First Reading, O’Brien. Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion. Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Motion passed, 6-0 (CONSENT AGENDA ITEM)
K. 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,” Second Reading, Wisniewski. (TABLED) Mr. Wisniewski moved to remove from the Table; Mr. O’Brien seconded the motion. Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.” Motion passed, 6-0. Mr. Wisniewski moved to refer Ordinance 2004-94 back to Finance Committee; Mr. Wright seconded the motion. Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mrs. Riggs, Mr. Sabatino, and Mr. O’Brien voting “Yea.” Motion passed, 6-0.
L. 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,” Second Reading, Wisniewski. (TABLED) Mr. Wisniewski moved to remove from the Table; Mr. O’Brien seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino voting “Yea.” Motion passed, 6-0. Mr. Wisniewski moved to refer Ordinance 2004-95 back to Finance Committee; Mr. Wright seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 6-0.
M. ORDINANCE 2005-22, “AN ORDINANCE PROVIDING FOR THE ISSUANCE
OF NOT TO EXCEED $350,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN
ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING PART OF THE
COSTS OF ACQUIRING REAL PROPERTY FOR USE AS PARK LAND,” Second Reading,
Hackworth. Mr. Hackworth moved to
adopt; Mr. Wisniewski seconded the motion.
Mr. Hackworth stated this was for possible parkland purchase. Mr. Wright stated he would again like to
state his opposition to calling it a parkland acquisition for $250,000 when it
is actually a payoff for the moratorium lawsuit. He further stated he was opposed to
requesting bonds for $100,000 for parkland to yet be announced or even to know
if it can be purchased. Roll call was
taken with Mr. Wright and Mr. Sabatino voting “Nay,” and Mr. Hackworth, Mr.
Wisniewski, Mrs. Riggs, and Mr. O’Brien voting “Yea.” Motion passed, 4-2.
N. ORDINANCE 2005-26, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NEPTUNE EQUIPMENT COMPANY,” Second Reading, Parker. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 6-0.
O. ORDINANCE 2005-27, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION OF THE ORIGINAL AGREEMENT FOR ENGINEERING SERVICES WITH STILSON CONSULTING GROUP, LLC, FOR ADDITIONAL SCOPE OF SERVICES AND FUNDING REQUEST,” Second Reading, O’Brien. Mr. O’Brien moved to adopt; Mrs. Riggs seconded the motion. Mr. O’Brien stated this would add some funding to the Stilson contract because of some additional costs we incurred with the western alignment. Mr. Sabatino stated although he would vote for this because he felt Stilson should be paid for work they did, he would like to make it clear that it did not endorse proceeding with the project and not honoring the referendum of the people concerning the project. Roll call was taken with Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 6-0.
9. LEGISLATIVE READINGS:
A. ORDINANCE 2005-17, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION OF THE ORIGINAL CONSULTANT AGREEMENT WITH R.D. ZANDE & ASSOCIATES FOR ADDITIONAL SCOPE OF SERVICES AND FUNDING REQUEST,” Third Reading, Parker. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated this was similar to the legislation for Stilson as R.D. Zande was required to do more work than originally contracted for. Mr. Sabatino stated he would add the same qualifier on this legislation as he felt people should be paid for the work they have done, but he did not want it to be taken as an endorsement of not letting the people vote on their referendum issue. Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Hackworth, and Mr. Sabatino voting “Yea.” Motion passed, 6-0.
B. ORDINANCE 2005-18, “AN ORDINANCE ADOPTING A NEW THOROUGHFARE PLAN MAP FOR THE CONTINUED DEVELOPMENT OF ROADWAY INFRASTRUCTURE WITHIN THE CITY OF PICKERINGTON,” Third Reading, Hackworth. Mr. Hackworth moved to refer this legislation back into Service Committee; Mr. Sabatino seconded the motion. Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Sabatino, and Mr. Wright voting “Yea.” Motion passed, 6-0.
C. ORDINANCE 2005-19, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $1,710,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO THE SANITARY SEWER COLLECTION AND TREATMENT SYSTEM OF THE CITY, INCLUDING PHASES 3 AND 4 OF THE D-LINE SEWER,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated this is a note renewal. Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mr. O’Brien voting “Yea.” Motion passed, 6-0.
D. ORDINANCE 2005-20, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $75,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING PART OF THE COST OF STREET IMPROVEMENTS AND PARTICULARLY, THE CLOSING OF MEADOWS BOULEVARD,” Third Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Wright and Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, and Mr. Hackworth voting “Yea.” Motion passed, 4-2.
E. ORDINANCE 2005-21, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $275,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING AND ACQUIRING IMPROVEMENTS AND RENOVATIONS TO THE CITY HALL AND BUILDING DEPARTMENT BUILDINGS,” Third Reading, Riggs. Mrs. Riggs moved to adopt; Mr. O’Brien seconded the motion. Mr. Wright stated he would like to thank Ms Gilleland for a little more detail in her notes, however, he is still a little disappointed in the fuzziness of the detail. He stated he still opposed the issuance of bonds without a clear cut use of those bonds, and he did not feel they had a clear cut use of exactly what they were getting for the $275,000. Ms Gilleland stated again, we will not be issuing bonds. She stated this is anticipatory language and when we actually issue the bonds we would have the exact cost of all of the projects being considered tonight. Ms Gilleland stated this is based on the advice of our financial experts and being proactive and attempting to get some of these projects ready for the upcoming year. Mr. Sabatino stated he has abstained on this legislation in the past, and he will typically abstain if he felt the legislation could be improved. He stated, however, this is the final reading and we still do not have a plan. He stated further the City employees do need the improvements, however, procedurally he felt we should have a plan before we have the funding, and that is why he will vote against this. Mr. Wright stated if it is not the point to actually issue the bonds, he is confused as to why they are doing the legislation. Mrs. Fersch stated this legislation is typical and is done in the anticipation of issuing bonds because you have the option to go to bonds. She stated it is just the terminology. Mr. Wright stated in he past we have had a fairly good idea of what we were going to do, and we would issue anticipatory bonds, but with a good idea of exactly what we were getting for the money. He stated if we don’t have this laid out, we are not anticipating the issuance of bonds, why would we move forward with it and not wait until we have a better plan. Mrs. Fersch stated the idea was to combine all of these items and the drop dead date is May 20th as we have the $1,710,000 note that is due in June. She stated by combining these notes we not only get a better rate, but save issuance costs. Mr. Wright stated he understood that, he just didn’t understand why we didn’t do the legislation when we knew what we were going to do. Ms Gilleland stated this is being done to avoid having to pass emergency legislation, and this enables us to take it through the normal legislative process. Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 4-2.
F. ORDINANCE 2005-23, “AN ORDINANCE CONSOLIDATING UP TO FOUR BOND ANTICIPATION NOTE ISSUES OF THE CITY OF PICKERINGTON, OHIO, INTO A CONSOLIDATED NOTE ISSUE, AND ESTABLISHING THE TERMS OF SUCH CONSOLIDATED NOTE ISSUE,” Third Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Wright and Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, and Mr. Hackworth voting “Yea.” Motion passed, 4-2.
G. ORDINANCE 2005-24, “AN ORDINANCE AMENDING THE 2005 APPROPRIATION, ORDINANCE 2004-81,” Third Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 4-2.
H. ORDINANCE 2005-25, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $2,847,244 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF WATER SYSTEM IMPROVEMENTS,” Third Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mr. O’Brien voting “Yea.” Motion passed, 6-0.
10. OTHER BUSINESS: No other business was brought forward.
11. MOTIONS:
A. 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); Mr. Wisniewski seconded the motion. Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, and Mr. Sabatino voting “Yea.” Motion passed, 6-0.
Council went into Executive Session at 8:50 P.M., and reconvened in open session at 9:23 P.M.
12. ADJOURNMENT. There being nothing further, Mr. Wisniewski moved to adjourn; Mr. Wright seconded the motion. Mr. Sabatino, Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voted “Aye.” Motion carried, 6-0. The meeting adjourned at 9:25 P.M., April 5, 2005.
RESPECTFULLY SUBMITTED:
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ATTEST:
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