PICKERINGTON CITY COUNCIL

TUESDAY, NOVEMBER 20, 2007

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, November 20, 2007, at City Hall.  Mayor Shaver called the meeting to order at 7:30 P.M.  Roll call was taken as follows:  Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present.  Mr. Hackworth was absent due to illness.  Others present were: Judy Gilleland, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Phil Hartmann, Tricia Sanders, Brian Sauer, Ed Drobina, Tim Hansley, Chris Schornack, Brian Stoner, Carol Carter, David Owen, Terry Weltlich, Rachel Scofeld, Pastor Eric Cuenin, and others.    Pastor Cuenin delivered the invocation.

 

2.         APPROVAL OF MINUTES OF NOVEMBER 6, 2007, REGULAR MEETING.  Mr. Smith moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Fix, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

3.         APPROVAL OF AGENDA.  Mr. Smith moved to approve; Mr. Fix seconded the motion.  Mr. Smith moved to amend the agenda to add Ordinance 2007-78, “An Ordinance authorizing the City Manager to enter into a collective bargaining agreement with Ohio Council 8, American Federation of State, County, and Municipal Employees, AFL-CIO, Local no. 1822, for the years 2008, 2009, and 2010;” Mr. Fix seconded the motion.  Roll call was taken on the motion to amend with Mr. Wisniewski, Mrs. Hammond, Mr. Smith, Mr. Fix, Mrs. Riggs, and Mr. Sabatino voting “Yea.”  Motion to amend passed, 6-0.  Roll call was taken on the agenda as amended with Mr. Sabatino, Mr. Smith, Mr. Fix, Mrs. Hammond, Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.  Mayor Shaver stated this would be added as Item 8.G. on the agenda. 

 

4.         COMMUNITY COMMENTS:  There were no community comments. 

 

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

 

6.         COMMITTEE REPORTS:   

 

A.        FINANCE COMMITTEE.  Mr. Smith stated Budget work sessions were held on November 13th and November 15th, and Finance Committee met on November 15th, for a regular meeting, and a special meeting just prior to Council this evening.  He stated six items from those meetings were on tonight’s agenda.   

 

B.         SERVICE COMMITTEE.  Mrs. Hammond stated Service Committee met last evening and approved the preliminary development plan for a development on S.R. 204, as well as, Ordinance 2007-73 on tonight’s agenda.     

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated there were some concerns among the participants in the JEDD agreement as to amending it, however, all of the participants have decided to go forward with the agreement as proposed.  Mayor Shaver stated he would like to clarify that this agreement will not force Pickerington to provide free sewer and water or provide lower than cost sewer and water.  He stated Pickerington will be required to provide sewer and water to the same territories which are included in this particular JEDD area, but it would be under our current agreements, so there are no new territories or requirements.  He stated further, the JEDD agreement provides that we would not only charge, should we provide sewer and water at our normal rates, but at our normal outside rates.   Mayor Shaver stated he urged everyone to consider this JEDD agreement and to move forward.   

 

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 she would request three readings on the appropriation ordinances on tonight’s agenda, as well as, the ordinance for the life insurance and dental insurance.  She stated further, she would request the final two readings on the legislation authorizing the State Auditor’s office to do our CAFR.  

 

D.        SERVICE MANAGER.  Mr. Drobina stated the first ordinance on tonight’s agenda would authorize an agreement with Synagro for our biosolids removal, and this is a five-year contract.  Mr. Drobina stated this contract was put out for bids and Synagro was the lowest bidder.     

 

E.         CITY MANAGER.  Ms Gilleland stated her report had been distributed and she would answer any questions anyone might have.  She further stated with regard to the Synagro contract, staff is asking for that contract to be considered, and for the previous contract that is on for a third reading this evening not be passed.  Mr. Hartmann stated that was correct because the item that is on the Table is a renewal of a contract and we have actually gone out for bid for a new contract.     Ms Gilleland stated she had attended a pre-bid meeting this past week on the Diley Road project and if all goes well the bids will be opened on December 12th, and ODOT expects to award the contract within 7 to 10 days after the opening.  She stated we should see work begin this spring on the water and sewer lines. 

 

8.         PROCEDURAL READINGS:

 

            A.        ORDINANCE 2007-73, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A FIVE-YEAR CONTRACT WITH SYNAGRO CENTRAL, LLC, FOR BIOSOLIDS MANAGEMENT SERVICES,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Mrs. Hammond stated if anyone had any questions she would be happy to answer them.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

            B.         ORDINANCE 2007-74, “AN ORDINANCE AMENDING THE 2007 APPROPRIATION, ORDINANCE 2006-164,” First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated this is the first of two appropriation ordinances this evening and deals mainly with end-of-year adjustments.  Roll call was taken with Mrs. Hammond, Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 6-0.  Mr. Smith moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Smith, Mrs. Riggs, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Riggs, Mr. Wisniewski, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 6-0.   

 

            C.        ORDINANCE 2007-75, “AN ORDINANCE AMENDING THE 2007 APPROPRIATION, ORDINANCE 2006-164,” First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated this deals with the advance payment to the SIB for the Diley Road project.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, Mr. Smith, and Mr. Fix voting “Yea.”  Motion passed, 6-0.  Mr. Smith moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Riggs, Mr. Sabatino, Mr. Smith, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith, Mr. Wisniewski, Mr. Sabatino, Mrs. Hammond, Mrs. Riggs, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

            D.        ORDINANCE 2007-76, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A TWO-YEAR CONTRACT WITH JEFFERSON PILOT FINANCIAL INSURANCE COMPANY FOR LIFE INSURANCE FOR CITY EMPLOYEES,” First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated this is a two-year extension of the current life insurance policy we have at the same rates.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0.  Mr. Smith moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Riggs, Mrs. Hammond, Mr. Smith, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

            E.         ORDINANCE 2007-77, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A ONE-YEAR CONTRACT WITH DELTA DENTAL OF OHIO FOR DENTAL INSURANCE FOR CITY EMPLOYEES,” First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated this is a contract extension with Delta Dental at the same rates as the current year.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, Mr. Smith, and Mr. Fix voting “Yea.”  Motion passed, 6-0.  Mr. Smith moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Riggs, Mr. Sabatino, Mr. Smith, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith, Mr. Wisniewski, Mr. Sabatino, Mrs. Hammond, Mrs. Riggs, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

            F.         ORDINANCE 2007-72, “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 GENERAL PURPOSE FINANCIAL STATEMENTS AND COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR),” Second Reading, Smith. Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.  Mr. Smith moved to suspend the rules for the purpose of a third reading; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Hammond, Mr. Smith, Mr. Fix, Mr. Sabatino, and Mrs. Riggs voting “Yea.”  Suspension of Rules passed, 6-0.  Third Reading.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

            G.                    ORDINANCE 2007-78, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT WITH OHIO COUNCIL 8, AMERCIAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL NO. 1822, FOR THE YEARS 2008, 2009, AND 2010.  First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated this is the renewal of our contract with the AFSCME employees.  Mr. Wisniewski inquired when the contract with the Police union ends, and Mrs. Fersch stated that runs until 2009.  Mr. Wisniewski stated he was concerned with locking the City into a 3.5 percent raise for three years with the way the budget is looking right now.  He stated that would set a precedent for the negotiations with the police union and he was not sure it was a wise thing to enter into right now.  Ms Gilleland stated Mr. Wisniewski was correct as we are actually dealing with three sets of employees, the non-union, and the two unions.  She stated somewhere along the line in dealing with budget issues we need to break the cycle.  Mr. Wisniewski stated this contract would continue that cycle for at least another three years and he did not feel he could support this contract.  Ms Gilleland stated there might be the opportunity of doing a Memorandum of Understanding for discussion on this.  Mrs. Fersch stated a few years ago when non-union employees received a higher raise than contained in the AFSCME contract, a Memorandum of Understanding was done giving the union members the same amount.  Mr. Sabatino inquired if we needed to negotiate the contract for three years or could we do a one-year contract, and Mrs. Fersch stated in order to do that we would need to go back and re-open the interest based bargaining.  Mrs. Fersch clarified this needs to be in place for the pay period beginning December 17th.  Mr. Smith questioned what the best action would be this evening, to vote this contract down, Table it, suspend it, or whatever.  He stated he felt Council was uncomfortable with the 3.5 percent increase each year for three years.  Mrs. Fersch stated if Council wishes to Table this ordinance, she could contact our labor advisor on his cell phone and ask what the best action would be.  Mayor Shaver stated it would be his suggestion to Table this, allow Mrs. Fersch to contact our labor advisor, and if possible reconsider it before the end of the evening.  Mr. Smith moved to Table; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Fix, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0.  (TABLED)

 

9.         LEGISLATIVE READINGS:

 

            A.        ORDINANCE 2007-44 (AS AMENDED), “AN ORDINANCE AMENDING PART TWO OF THE CODIFIED ORDINANCES OF PICKERINGTON, THE ADMINISTRATION CODE:  TITLE TWO (CHAPTERS 202-208), TITLE FOUR (CHAPTERS 220-222), TITLE SIX (CHAPTERS 230-250), AND TITLE EIGHT (CHAPTERS 268-280),” Third Reading, Fix.  Mr. Fix moved to adopt; Mrs. Hammond seconded the motion.  Mr. Fix stated Rules Committee and staff have been reviewing the Administrative Code to make any needed changes, and has also worked with Council over several months to ensure that everyone’s concerns were met.  He stated he understood the Administrative Code has not had a complete review in the last 14 years, and he appreciated everyone’s efforts on the project.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 6-0. 

 

            B.         ORDINANCE 2007-46, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A SECOND EXTENSION OF THE CITY’S CONTRACT WITH SYNAGRO CENTRAL, LLC, FOR BIOSOLIDS MANAGEMENT SERVICES,” Third Reading, Fix. (TABLED, 09-04-07)  Mr. Fix moved to remove from the Table; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Riggs, Mrs. Hammond, Mr. Smith, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Fix moved to adopt.  Motion failed for lack of a second.  

 

            C.        ORDINANCE 2007-48, “AN ORDINANCE GRANTING A CREDIT FOR FEES PREVIOUSLY PAID UNDER THE AUTHORITY OF THE IMPACT FEE ORDINANCE BY THE WINDMILLER SQUARE OFFICE CONDOMINIUMS PROJECT AND ESTABLISHING A SCHEDULE FOR AN ADDITIONAL CREDIT BASED ON THE DETERMINATION OF THE PICKERINGTON CITY COUNCIL THAT THE PROJECT WAS SUBSTANTIALLY UNDERWAY PRIOR TO THE EFFECTIVE DATE OF THE LEGISLATION AND THAT THE FUTURE DEVELOPMENT OF THE SITE MAY CREATE AN EXTRAORDINARY ECONOMIC IMPACT AND/OR EMPLOYMENT GROWTH,” Third Reading, Smith.  (TABLED, 09-04-07)

 

            D.        ORDINANCE 2007-49, “AN ORDINANCE GRANTING A CREDIT FOR FEES PREVIOUSLY PAID UNDER THE AUTHORITY OF THE IMPACT FEE ORDINANCE BY BARNYARD PRIMITIVES, INC., BASED ON THE DETERMINATION OF THE PICKERINGTON CITY COUNCIL THAT THE PROJECT WAS SUBSTANTIALLY UNDERWAY PRIOR TO THE EFFECTIVE DATE OF THE LEGISLATION AND THAT THEY CONSTRUCTED IMPROVEMENTS TO THE STORMWATER SYSTEM THAT PROVIDE A PUBLIC BENEFIT,” Third Reading, Smith. (TABLED, 09-04-07)

 

            E.         ORDINANCE 2007-67, “AN ORDINANCE ADOPTING A NEW PERSONNEL POLICY AND PROCEDURES MANUAL,” Third Reading, Smith. (TABLED, 11-06-07)

 

            F.         RESOLUTION 2007-16R, “A RESOLUTION AUTHORIZING THE CITY OF PICKERINGTON TO ADOPT THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)”, Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

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

 

11.       MOTIONS: 

 

            A.        MOTION TO SET PUBLIC HEARING FOR 2008 BUDGET FOR DECEMBER 4, 2007, AT 7:15 P.M.  Mr. Smith moved to set the 2008 Budget Public Hearing for December 4, 2007, at 7:15 P.M.; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

            B.         MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(2), PURCHASE OR SALE OF PUBLIC PROPERTY, AND SECTION 121.22(G)(1)b, MATTERS INVOLVING AN EMPLOYEE’S OR PUBLIC OFFICIAL’S EMPLOYMENT.  Mr. Fix moved for Executive Session under Sections 121.22(G)(2) and 121.22(G)(1)b; Mrs. Hammond seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.  

 

Council adjourned into Executive Session at 8:05 P.M., and reconvened in open session at 10:09 P.M.

 

Mayor Shaver stated he understood Mrs. Fersch had contacted our Labor Advisor and he recommended that Council reject Ordinance 2007-78 at this time so further negotiations can be opened.

 

            ORDINANCE 2007-78, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT WITH OHIO COUNCIL 8, AMERCIAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL NO. 1822, FOR THE YEARS 2008, 2009, AND 2010.” First Reading, Smith.  (TABLED)  Mr. Smith moved to remove from the Table; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Smith, Mr. Fix, Mrs. Hammond, Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.  First Reading.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Hammond, Mr. Smith, Mr. Fix, Mrs. Riggs, and Mr. Sabatino voting “Nay.”  Motion failed, 0-6. 

 

12.       ADJOURNMENT.  There being nothing further, Mr. Smith moved to adjourn; Mr. Fix seconded the motion.  Mr. Sabatino, Mrs. Hammond, Mr. Smith, Mr. Fix, Mr. Wisniewski, and Mrs. Riggs voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 10:14 P.M., November 20, 2007. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

 

_______________________________

David Shaver, Mayor