PICKERINGTON CITY COUNCIL
CITY HALL, 100 LOCKVILLE ROAD
TUESDAY, OCTOBER 16, 2007
COUNCIL WORK
SESSION
6:30 P.M.
1. CALL TO ORDER: Mrs. Hammond opened the Council Work Session
at 6:30 P.M., with the following council members present: Mrs. Riggs, Mr. Fix, Mr. Hackworth, Mrs.
Hammond, Mr. Sabatino, and Mr. Wisniewski.
Mrs. Yartin stated Mr. Smith was not present as he was on vacation. Others present were: Judy Gilleland, Lynda Yartin, and Linda
Fersch.
2. SCHEDULED
MATTERS:
A. Review and Discussion regarding proposed Administrative Code revisions. Mrs. Hammond stated Mrs. Fersch had a couple of revisions that were not included in the proposed revisions. She stated with regard to Section 236.03, Annexation Plats and Fees, she felt this section should be deleted as any reference to annexation fees have been deleted from the Fee Schedule. Mr. Hartmann stated he would agree that this entire section could be deleted from the Administrative Code. All members present concurred with this.
Mrs. Fersch further stated in Section 236.10,
Designation of Fixed Assets, the correct fixed asset designation should be a
value of five thousand dollars ($5,000) and a useful life of two years. Mrs. Fersch stated this was changed a few
years ago in an appropriation ordinance and she felt that is why it was not
picked up by the codifiers.
Mr. Fix stated he would just like to go
through this one last time to see if anyone had any questions prior to removing
it from the table at Council for a first reading.
Mr. Hackworth stated in Section 220.01,
Definitions, it states a majority is greater than one-half of the members
voting on a motion, resolution or ordinance.
He stated something could then be passed with three votes. Mr. Fix stated that was correct, the number
of votes to pass an item would depend on the number of members voting on that
issue. Mr. Hackworth inquired if this
was in conflict in any way with the Charter because there is wording in the
Charter about emergency legislation requiring a vote of three-fourth’s
(3/4’s). Mr. Hartmann stated that was
correct, so now it would require a vote of three-fourth’s of the members
voting. Mr. Hartmann stated when he read
the Charter, he believed the language was ambiguous and needed to be cleaned up
because it states “…at least ¾’s members of Council” for dispensing with the
three readings and also the issue with emergency. He stated he read that as now it would be ¾’s
of the members voting. Mr. Hartmann
stated the Charter states the Mayor shall have veto power and the Charter
states that Council may override the veto by 2/3’s of a majority of
Council. He stated that he felt there
was a distinction between the two. Mr.
Sabatino stated he has a problem with that because the citizen’s initiative
petition dealing with emergency legislation was for the standing council, not
the voting council. Mr. Hartmann stated
he still felt the language was ambiguous.
Mr. Sabatino stated at the point in time that was voted on and placed in
operation, that meant, he was sure, six members, by the people that circulated
that petition. Mrs. Hammond stated it
does not state “entire council.” Mr.
Hartmann stated that is why he felt it was ambiguous, because you have another
section that specifically states “entire council” and this one just says
council. Mr. Fix stated when we clean up
the Charter that can be cleared up. Mr.
Hartmann stated you can fix it however you want, but in the meantime the way he
read the Charter it meant ¾’s of the members voting, assuming these revisions
pass. Mr. Hackworth stated even if it
were changed in the Charter, it would have to be voted on by the
residents. Mr. Sabatino questioned how
Council could administratively change a citizen’s initiative. Mr. Hartmann stated they were not, he felt when
most people would read that, it was ambiguous based on the previous section
that says “entire council” and then this just says “council.” Ms Gilleland stated a section could be added
in that for emergency legislation a vote of ¾’s of council is required. Mr. Hackworth stated he would feel better
doing that and Mr. Sabatino and Mr. Wisniewski both stated they would prefer
that as well. Mr. Hartmann stated he
would add another section stating for the purpose of emergency legislation, a
majority shall be ¾’s of the entire council.
Mr. Hackworth clarified that a separate
section was included, Section 234, for the Municipal Clerk. Mr. Hartmann stated he questioned whether
this had any power and should even be in the Administrative Code because of the
way the Charter is structured. He stated
Council has absolutely no control over the Municipal Clerk, which is odd; the
Municipal Clerk is directly controlled by the Manager; hire, fire, and all
duties. He stated he felt this was
something that should be addressed when the Charter review is done because in
most places the Clerk is directly accountable to Council not to the City
Manager. Mr. Sabatino inquired if he was
proposing the Clerk be accountable to Council, and Mr. Hartmann stated that was
up to Council when they did the Charter review.
Mr. Sabatino stated in Section 220.05, he
would like to change the wording “Council affairs” to “Council business.” Mr. Hartmann stated he would change that
terminology.
Ms Gilleland stated once the Charter review
is completed, the Administrative Code could be amended to reflect any changes
that are necessary.
Mr. Sabatino stated he had questioned if
Section 236.04, regarding vehicle insurance, specified the correct amount of
coverage. Mrs. Fersch stated she felt
our coverage was over that amount. Ms
Gilleland stated she questioned if this should even be included in the
Administrative Code, and Mr. Hartmann stated he agreed it was odd to have it
included and he felt that section should be deleted. Mr. Sabatino stated then he felt this section
should be removed. All of council
concurred with deleting this section.
Mrs. Hammond ascertained there were no
further questions regarding the proposed revisions. Mr. Fix stated if everyone concurred, he
would remove this item from the Table during Council for a first reading, and
at the next meeting amend by substitution with the final changes that have been
discussed this evening.
3. ADJOURNMENT. There being nothing further, the Council Work
Session closed at 7:10 P.M., October 16, 2007.
RESPECTFULLY SUBMITTED:
______________________________
Lynda D. Yartin, Municipal Clerk
ATTEST:
_____________________________________________
Cristie Hammond, Council Vice President Pro
Tempore