CITY HALL, 100 LOCKVILLE ROAD
WEDNESDAY,
FEBRUARY 6, 2008
REGULAR
MEETING
7:30
P.M.
1. ROLL CALL. Mr. Fix called the meeting to order at 7:30 P.M., with roll call as follows: Mr. Fix and Mr. Smith were present. Mr. Sabatino was absent due to illness. Others present were Lynda Yartin, Tim Hansley, Phil Hartmann, Carol Carter, and Steve Malone.
2. APPROVAL OF MINUTES OF December 6, 2007, Regular Meeting. Mr. Fix moved to approve; Mr. Smith seconded the motion. Roll call was taken with Mr. Smith and Mr. Fix voting “Yea.” Motion passed, 2-0.
3. SCHEDULED MATTERS:
A. Review and request for motion to approve draft resolution re-appointing Brian Bosch to the Planning and Zoning Commission. Mr. Fix moved to re-appoint Brian Bosch to the Planning and Zoning Commission; Mr. Smith seconded the motion. Mr. Fix stated he served on the Planning and Zoning Commission with Mr. Bosch for two years and he does a very good job. He further stated being a traffic engineer he brings a lot of good qualities to the Commission. Roll call was taken with Mr. Fix and Mr. Smith voting “Yea.” Motion passed, 2-0.
B. Review and request for motion to approve draft resolution re-appointing Carol Carter to the Tree Commission. Mr. Fix moved to re-appoint Carol Carter to the Tree Commission; Mr. Smith seconded the motion. Mr. Fix stated Ms Carter’s service on the Tree Commission is truly appreciated. Roll call was taken with Mr. Smith and Mr. Fix voting “Yea.” Motion passed, 2-0.
C. Review and request for motion to authorize the Municipal Clerk to advertise for vacancies throughout 2008 as necessary. Mr. Fix moved to authorize the Municipal Clerk to advertise throughout 2008 as necessary; Mr. Smith seconded the motion. Mr. Fix clarified that in case of a vacancy; the Rules Committee would interview all applicants on file prior to advertising the vacancy. Mrs. Yartin stated this would authorize her to advertise only if necessary and is done at the first of the year so she does not have to come back to the Committee and request authorization to advertise each time it is necessary. Roll call was taken with Mr. Fix and Mr. Smith voting “Yea.” Motion passed, 2-0.
D. Review and request for motion to approve draft ordinance amending the Administrative Code. Mr. Hartmann stated it appears the version of the Administrative Code that was passed by Council did not contain some of the final changes Council had recommended. He stated those changes have been included in the draft provided to the Committee this evening. Mr. Fix stated he had reviewed the draft and it does include the final changes Council had recommended. Mrs. Yartin stated she understood an additional change was being requested to put the membership of the Tree Commission at five citizens rather than three and to delete the requirement for a member of the Safety Committee to serve as Council’s representative on the Tree Commission. Mr. Fix stated that was correct. Mr. Hartmann stated further in going through the Charter items that are on tonight’s agenda, there appears to be an issue where a quorum is defined in the Charter as the majority of Council and the Administrative Code changes that to five. He stated he did not feel that could be changed. Mr. Fix stated he would like to leave the change in the Administrative Code and in the Charter review make that change as well. Mr. Hartmann stated he just wanted to make it clear that it would have to be enforced the way the Charter states. Mr. Fix moved to approve and forward to Council with the amendments just discussed; Mr. Smith seconded the motion. Roll call was taken with Mr. Smith and Mr. Fix voting “Yea.” Motion passed, 2-0.
E. Review and discussion regarding Sections 1, 2, and 3 of the City Charter. Mr. Fix stated the Rules Committee last year had determined they would go through the Charter, a few sections at a time, and then convene a Charter Review Commission of citizens and provide them with the recommendations to review. He stated it would hopefully be complete in time to be on the ballot in November. Mr. Fix stated Mr. Hartmann had prepared a memorandum regarding Articles 1, 2, and 3 and he would go through those with the Committee this evening.
Mr. Hartmann stated with regard to Section 1.01, Incorporation, he did not see any changes that he would recommend. Mr. Fix stated in Section 1.02, Powers, it appeared the suggested language from Oakwood made the most sense to him and Mr. Smith stated he agreed with Mr. Fix. Mr. Hartmann stated he felt this would give the most flexibility. There were no suggested changes to Section 1.03, Form of Government. Section 1.04, Definition of Elected Official, Mr. Fix and Mr. Smith stated they liked the language from the Beechwood Charter. Mr. Hansley stated he would just like to remind everyone that some suggested changes later in the Charter may require the earlier Sections to change as well.
Mr. Fix stated later in our Charter, in the powers of the Mayor, it states the Mayor shall be the primary liaison between the City of Pickerington and all other political subdivisions inside and outside of Fairfield County. He questioned if this language in 1.04 interfered with that, and Mr. Hartmann stated he did not feel it did. Mr. Hartmann stated the language is similar to the Revised Code. Mr. Smith stated this was no different than what was done with the JEDD working group, and he liked the way we did that with members of Council there and providing input to the Mayor, but the Mayor being the primary spokesman. Mr. Hartmann stated this section is just incorporation, powers, and form of government. He stated when you start throwing in things you can and can’t do, that is already provided for in the Revised Code and he didn’t know that you needed to reiterate it here and it would just cause confusion. He stated he felt it was a good thing to have in there who would speak to other governments. Mr. Smith stated our Charter indicates the Mayor is the lead person with other government entities. Mr. Hartmann stated further some of this discussion would be appropriate under the section regarding Council, and that is the next section to look at.
Mr. Hartmann stated in Article II, Council, Section 2.01, Number and Term, he did not see any changes he would recommend. Mr. Smith inquired if there would be any discussion regarding Wards within the City and, if so, he would like to hold that conversation when Mr. Sabatino is present as he does have some strong opinions on that issue. Mr. Hartmann stated if you do want Wards you would have to rewrite this section. Mr. Fix stated he agreed with Mr. Smith, and he would like to have the discussion regarding Wards when Mr. Sabatino was present. Mr. Hartmann stated when considering Wards, you do not have to have a specific amount. You could have two or three Wards and the remaining members at large. Mr. Fix stated he felt this was an area that required discussion.
Section 2.02, Compensation. Mr. Hartmann stated it was his opinion you should allow in term pay raises for a couple of reasons. He stated one is because it is so hard since Council is staggered, and secondly, there are some Attorney General opinions that talk about the receipt of health insurance as being additional compensation, health insurance changes being considered an in term pay raise. Mr. Fix stated he was not comfortable with voting himself a pay raise, but he would be happy to consider something relating to non-monetary pay, such as benefits, that it would not be considered an in term pay raise. Mr. Hansley stated further the IRS defines items such as cell phones as compensation and taxing an increment of that use. He stated it could be argued that if we provide a laptop, a cell phone, or whatever to the Mayor or any Council member that it is a form of compensation. Mr. Hartmann stated he could prepare language regarding non-monetary benefits being exempted.
Section 2.03, Meetings. Mr. Smith stated in this section when it refers to President of Council, it is referring to the Mayor. Mr. Fix stated he felt this was referring to the President Pro Tempore of Council. Mr. Smith stated the Charter states the Mayor is the President of Council and will preside at all meetings. Mr. Fix stated the Mayor is not the President of Council, and if that is what the Charter states it should be changed. Mr. Smith stated that is why the Council President is President Pro Tempore and not Council President. Mr. Fix stated with regard to the language of a quorum, it had been agreed to change this from, “A majority of all members elected shall constitute a quorum…” to “Five members elected shall constitute a quorum…” as indicated in the Administrative Code. Mr. Fix stated he feels there is a conflict with the Mayor having the ability to call special meetings, and having the ability to veto, and a veto could be overturned only at the next special or regular meeting. Mr. Smith stated he felt the veto could be overturned only at the next regular meeting. Mr. Hartmann stated he would suggest that instead of using the last sentence, “All regular and special meetings of Council shall be open to the public, except as provided in Ohio’s open meetings laws” he would be more specific and state “Council could have Executive Sessions as provided by…” He stated there is some case law that if it is not outlined exactly in the Charter that you are not allowed to have an Executive Session. He stated his question would be if there were any other topics beyond the Revised Code that Council would be interested in having Executive Sessions on. He stated for example, other municipalities will do that with economic development opportunities. Mr. Fix stated he would like to look at the language from other communities that have additional topics for Executive Sessions.
Section 2.04, Role of the Mayor and Veto Powers. Mr. Hartmann stated the change being proposed was that a veto could only be overturned at the next regular meeting. Mr. Fix stated that was correct. Mr. Smith stated that would prevent something being vetoed one night and calling a meeting for the next night knowing that several members would not be able to attend.
Mr. Fix stated the next topic of discussion regards the relationship between the Mayor and the Manager. Mr. Hartmann stated he has had numerous conversations with Mr. Sabatino on this topic and this is one of the items he may want to have some input on. Mr. Hartmann stated this can create a problem for the Manager if the Mayor is telling them to do what seven members of Council do not want done. Mr. Hansley stated he read this as Council providing direction to the staff and the Mayor supervise the Manager’s action plan to make that happen. Mr. Smith stated it was the Mayor’s responsibility to execute Council’s policy. Mr. Smith stated he has no problem with the Manager reporting to Council, but if that is done, he felt there should be an evaluation of others who currently report to Council and those who don’t. Mr. Hansley stated the law director and finance director typically report to Council, and that is a sort of check and balance. He stated it is unusual for the engineer to be a political appointee because the engineer is a technical function. Mr. Smith stated he did not understand why the Clerk of Council did not report to Council. Mr. Hansley stated that is position is normally appointed by Council. Mr. Smith stated just to be clear, he is okay with the Manager reporting to Council and the Mayor exercising administrative oversight. Mr. Fix stated he felt it would be cleaner if the City Manager reported to Council, and Mr. Smith stated he would only agree with that if the Finance Director and Engineer were then put under the City Manager. Mr. Fix stated he agreed with the Engineer, but not the Finance Director. Mr. Fix stated this discussion would be continued next month when Mr. Sabatino is present. Mr. Smith stated if the City Manager reported directly to Council, would they receive numerous phone calls every day from Council saying what they wanted. Mr. Smith stated he would like to have a working draft with the changes discussed this evening for the next meeting. Mrs. Yartin requested the draft be dated to prevent it from being confused with other drafts.
Rules Committee recessed at 8:20 P.M. and reconvened in open session at 8:25 P.M.
Mr. Hartmann stated the final item in Section 2.04 dealt with vetoes and some communities provide for a line-item veto. Mr. Smith and Mr. Fix both stated they felt that could be dealt with under the Mayor.
Section 2.05, Powers. Mr. Hartmann stated this is basically outlined in the Administrative Code. Mr. Hansley stated you could reference that these powers are detailed in the Administrative Code. Mr. Hartmann stated he would recommend detailing this in Section 2.08, Organization and Rules.
Section 2.06, Ordinances and Resolutions. Mr. Smith stated he would like to see a difference between ordinances and resolutions. He further stated he felt resolutions should specifically express the will or input of Council, and passed by one vote. Mr. Hartmann stated he did like having the three possible actions of Council; ordinance, resolution, and motion. Mr. Hartmann stated he felt a resolution should be effective immediately on a ceremonial issue. Mr. Smith stated he agreed, if Council wished to express its support of some effort, it could be adopted by resolution and you did not have to wait 30 days, etc. It would just be done. Mr. Hartmann further clarified that he would provide language that required two readings of ordinances instead of three readings. Mr. Smith stated during the Council retreat it might be a good idea to have a training session on voting methods and see how Council felt about using a different method. Mr. Hartmann stated he did not feel the Charter needed changed on this issue, it is just a matter of interpretation. Mr. Fix stated he felt it should be clarified that the waiver of the readings could be done by three-fourths of the member’s voting. Mr. Fix further stated he felt the $10.00 limitation on items on the consent agenda should be deleted. Mr. Hartmann stated this could be an amount set by Council that could be changed if necessary. Mr. Fix stated he would also like to change the voting from “Yea” and “Nay” and Mr. Smith stated he would like to see that changed to “Yes” or “No” because it is much clearer.
Section 2.07, Officers. Mr. Smith stated this is where we need to clarify President Pro Tempore and President of Council. He stated the Administrative Code states the Mayor is the President of Council, and when reviewing the Administrative Code it was determined not to change that. Mr. Fix stated this just causes confusion, and why not identify the Mayor as the Presiding Officer of Council. Mr. Hartmann stated Section 220.03 of the Administrative Code defines President as “The Mayor shall be President of Council in accordance with Charter Section 2.01.” Mr. Hartmann stated Section 2.01 of the Charter deals with the number and term of Council. Mr. Smith stated he would like to have the change in the Administrative Code to make the Mayor “Presiding Officer” of Council and clarify in Section 2.07 that in the Mayor’s absence the President of Council shall be the acting Mayor, etc. Mr. Smith and Mr. Fix both stated that was correct.
Mr. Hartmann stated in Section 2.08, Organization and Rules, he would make the change to Administrative Code instead of Rules of Organization. There were no suggested changes to Section 2.09, Amending Legislation.
Mr. Fix stated at the next meeting, the Rules Committee would pick up the review of the Charter with Article III, Mayor. Mr. Hartmann stated he would provide a draft of the sections reviewed this evening with the proposed revisions.
Mr. Fix stated as a result of the discussion this evening he would amend his motion to forward the Administrative Code to Council to include all revisions discussed this evening; Mr. Smith amended his second to the motion. Mr. Fix stated he would request the Administrative Code not be forwarded to Council until the review of the Charter is complete so if other revisions become apparent in the Code they can be made prior to sending it forward.
5. CHAIRMAN: Mr. Fix stated he had nothing to bring forward.
6. OTHER BUSINESS: No other business was brought forward.
7. ADJOURNMENT. There being nothing further, Mr. Fix moved to adjourn; Mr. Smith seconded the motion. Mr. Smith and Mr. Fix voted "Aye." Motion carried, 2-0. The Rules Committee adjourned at 9:05 P.M, February 6, 2008.
RESPECTFULLY SUBMITTED:
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