PICKERINGTON CITY COUNCIL
CITY HALL, 100 LOCKVILLE ROAD
WEDNESDAY, SEPTEMBER 5, 2007
COUNCIL WORK
SESSION
7:30 P.M.
1. CALL TO ORDER: Mr. Smith opened the Council Work Session at
7:30 P.M., with the following council members present: Mrs. Riggs, Mr. Fix, Mr. Smith, Mr.
Hackworth, Mrs. Hammond, Mr. Sabatino, and Mr. Wisniewski. Others present were: Judy Gilleland, Lynda Yartin, Linda Fersch,
Phil Hartmann, and others.
2. SCHEDULED
MATTERS:
A. Discussion
regarding proposed revisions to Administrative Code. Mr. Smith stated this work session was called
for the purpose of continuing the review of the proposed revisions to the
Administrative Code. He stated the
review would begin with Section 220.10, Conduct of Discussions. Mr. Smith inquired if this section covered
only the Community Comments portion of the agenda, and Mr. Hartmann stated he
thought it covered all discussion during Council, so it covered Community
Comments and how the rest of the meeting is handled. Mr. Smith stated he felt this should be
clarified as either Community Comments or Council discussions. Mr. Sabatino suggested this section be split
and indicate in two separate comments the discussion in Community Comments and
the discussions by Council members. Mr.
Hackworth stated rather than the language “waiving his or her right to speak”
he felt it should state “had an opportunity to speak” or something like
that. Mr. Hartmann stated he would
separate these into two separate items.
Mr. Smith stated he thought this section would be Council’s
deliberations. Mr. Hartmann stated he
would like to clarify this from Council Communications that was added to the
agenda section and the intent for this section would be for council to discuss
non-agenda items. Mr. Smith stated he
thought it was. Mr. Hackworth stated he
would like to separate this discussion from community comments because he felt
that could get into a debate and the purpose of the meeting is to conduct the
business on the agenda. Mr. Hartmann
stated he would define the sections for community comments and for Council
discussion. Ms Gilleland inquired when
council would like to have staff discussion, and Mr. Fix stated he felt it was
important to be able to have staff provide input. Mr. Sabatino stated that would be the whole
reason for having staff at the meeting.
Mr. Hartmann stated he would work on this section and provide some
language for discussion through the whole meeting.
Mr. Smith stated the next major change is in
Section 220.11, Voting, and deals with abstaining from voting. Mr. Hackworth stated he did have a problem
with the law director having to approve whether he has a conflict of
interest. Mr. Hackworth stated further
he thought the problem was how much to disclose to the law director, and how
could the law director approve there was a conflict. Mr. Hartmann stated he didn’t know how
comfortable he was with that language as well.
Mr. Hartmann stated the problem is someone can abstain and effectively
create a “no” vote because the vote is based on all of Council. He stated you can change the rules of voting
to say it is the people who are voting that count, so if you have five people
voting it would take three votes to pass it.
He continued, however, now when you have one person abstain, and it takes
a three-fourths vote for certain items, then you need all six votes to pass
it. Mr. Hartmann stated in other cities
where he works, members are told they have no right to abstain unless they have
a true conflict, they were elected to vote.
Mr. Sabatino stated he felt council members should have the right to
abstain for any reason. Mr. Hartmann
stated what he was pointing out is this creates a conflict because an
abstention effectively is a “no” vote and is a way to influence the vote
without voting. Mr. Sabatino stated he
did not feel the abstention or the way votes are counted should be
changed. Mr. Hartmann stated Section
220.01 provides the definitions for quorum, majority, two-thirds majority, and
three-fourths majority. Mr. Smith stated
he agreed with Mr. Hartmann and Ms Gilleland that one or the other should
change. He stated if we are okay with
abstentions not counting as a vote then Section 220.01 could say, for example,
three-fourths majority would mean three-fourths of those members voting. Mr. Sabatino clarified this meant if only
five members were at a meeting, then three-fourths of the members present would
be a majority. Mr. Hackworth stated his
concern is that at times a member may have to abstain and cannot reveal the
reason for the conflict, and in the past special meetings have been called to
deal with issues that were not completed due to an abstention. Mr. Wisniewski stated the abstention is not
being disputed, however, if there is an abstention the numbers required to pass
something should change based on the number of people voting at that time. Mr. Sabatino stated by changing the numbers,
if only four members were in attendance at a meeting, then three members of
council, not even a simple majority, could pass something. Mr. Wisniewski stated there is always the
ability to abuse the system. Mr.
Wisniewski stated he felt council members should have the ability to abstain,
and Mr. Sabatino stated he did not have a problem with changing the quorum
requirement to five members. Mr.
Hackworth stated he didn’t know if that would be in conflict with the Charter
because the Charter requires a three-fourth’s vote in some cases. Mr. Hartmann stated the Charter does require
a two-thirds majority of the entire Council to override a veto, and he did not
feel that could be changed by these rules.
He stated further other places require three-fourths of the members of
council and that is debatable if that means members of council voting, it is
not specific as to that meaning the entire council. Mr. Hartmann stated further, to suspend the
rules the Charter requires three-fourths.
Mr. Wisniewski stated with regard to abstaining, he would like to see
the reason behind the abstention, as much as can be disclosed. Ms Gilleland stated it is very typical to
abstain due to a conflict caused by a business relationship or whatever. Mr. Hackworth stated if changing the rules
meant that if you had four members voting, and something needed to pass with
emergency, then a vote of three members would do that. Mr. Sabatino stated he did not agree with
that. Mr. Fix asked if Mr. Hartmann can
prepare a draft showing the way it was discussed tonight, that a reason for the
conflict should be given, and then everyone can have a chance to review it
before the next meeting and see if they agree with it or if additional
discussion will be required.
Mr. Smith stated Sections 232.05 and 232.06
were marked as being deleted, and Mr. Wisniewski questioned why this was
deleted, and Mr. Sabatino stated it does reference the Ohio Revised Code, and
he felt it should remain in the Code. Ms
Gilleland stated she did not have a problem with this Section remaining in the
Code and Mr. Hartmann stated he would include it in the new draft.
Mr. Hartmann stated Section 234.01 was where
he had moved the duties of the Municipal Clerk that had been discussed
earlier. Mr. Hartmann stated he would
remove (c) as that had been covered earlier.
Mr. Smith stated the next section is Chapter
236, Director of Finance. Mr. Sabatino
stated there was nothing under the Director of Finance and went straight to
Deputy Director.
Mrs. Riggs stated that is why she felt the
duties of the employees did not belong in the Code, just a summary of the
position and where they report. She
stated this is more of a job description, and did not belong in the
Administrative Code. She stated she felt
this would be appropriate for the Municipal Clerk as well. Mr. Hartmann stated he would prepare a
summary of the Municipal Clerk and Deputy Finance Director positions. Mr. Sabatino stated he would like (b)3.
included somewhere in the Administrative Code and Mr. Hartmann stated he would
include that in the appropriate place.
Ms Gilleland stated it could just be noted that the position of the
Deputy Finance Director is appointed by the City Manager. Ms Gilleland stated she did feel the
statement that when serving in the capacity as the Finance Director the Deputy
Finance Director would report to Council, as the Finance Director is an
employee of Council. Mr. Sabatino stated
he felt a statement should be included under the Finance Director, that this
position is an employee of Council. Mr.
Hartmann stated he would add that in.
Mr. Smith stated he would like to have the
City Manager Chapters 236 and 238 with the Finance Director to ensure there are
no changes to be made. Mr. Sabatino
stated he would like to ensure that the amounts for motor vehicle insurance,
fixed assets, etc. are correctly stated.
Mr. Hartmann stated he would make Chapters
238 and 240, duties of the Law Director and Engineer consistent with the way
the duties of the Municipal Clerk, Finance Director, and Deputy Finance
Director were stated.
In Section 248.04, Mr. Smith stated when a
member of a board or commission resigns, if a Council member is a member of
that body, he felt they should be notified as well as the Chairman of the Board
or Commission. Mr. Hartmann stated he
would add that requirement into the language.
Mr. Sabatino stated he would like to ensure
the Ethic policy adopted by Council is included in Chapter 250, Ethics, and Mr.
Hartmann stated he would include that as well as any updated language that is
necessary.
Mr. Wisniewski stated he felt Section 274.01
regarding the Parks and Recreation Board needed to be reviewed as he did not
feel it was an accurate description of the Board’s duties. Mr. Sabatino stated he felt the Parks and
Recreation Board members were an advisory group. Ms Gilleland stated she would meet with the
Parks & Recreation Director, and the Parks Board Chairperson and clarify
the duties of the Board.
Mr. Smith stated there did not appear to be
any major changes in the remainder of the Code.
Mr. Hartman stated he would prepare a new
draft encompassing all of the changes discussed during the work sessions and
provide it to Council for a final review.
3. ADJOURNMENT. There being nothing further, the Council Work
Session closed at 9:50 P.M., September 5, 2007.
RESPECTFULLY SUBMITTED:
______________________________
Lynda D. Yartin, Municipal Clerk
ATTEST:
____________________________________
Keith Smith, Council President Pro Tempore