WEDNESDAY, AUGUST 20, 2008

REGULAR MEETING

7:00 P.M.

1. ROLL CALL. Mrs. Hammond called the meeting to order at 7:00 P.M., with roll call as follows: Mr. Sabatino, Mrs. Hammond, Mr. Fix, Mr. Sauer, Mrs. Sanders, and Mr. Wisniewski were present. Mr. Smith was absent due to business. Others present were Tim Hansley, Lynda Yartin, Linda Fersch, Chris Schornack, Ed Drobina, Brenda VanCleave, Paul Lane, Mike McKinley, Danielle Sposito, Nick LaTorre, and others.

2. APPROVAL OF MINUTES OF July 16, 2008, Regular Meeting. Mrs. Sanders moved to approve; Mr. Sauer seconded the motion. Roll call was taken with Mrs. Hammond, Mr. Fix, Mr. Sabatino, Mr. Sauer, Mr. Wisniewski, and Mrs. Sanders voting “Yea.” Motion passed, 6-0.

Mrs. Hammond stated if anyone from the Community would like to speak to the Committee we can do that at this time.

Mrs. Danielle Sposito stated she and her husband attended a City Council meeting last month to talk about a flooding incident last June. She stated it was her understanding an investigation was done that concluded that legally the City was not liable to help in this situation, but morally you would consider helping out the flood victims. Mrs. Sposito stated both of her cars were flooded and this is the second time her finished basement has been flooded. She stated her homeowner’s insurance has denied her claim because they state there is a problem with the sewer system in her area. She further stated her next-door neighbor had a similar situation in 2002, and City Council took care of his loss and repaired the sump pump and installed a back up system. She stated she was asking if Council would consider helping them with their situation because they had a huge loss. She stated she would also like to know what the City was doing to remedy this situation in the future because it is going to continue to rain and every time she is fearful of her basement being flooded.

Mrs. Hammond stated as of now, the City has not found anything that indicates there is something wrong with our system. She stated we are continuing to look into different areas, but nothing has found that points back to the City for these things occurring. She continued for the City to take on the financial responsibility every time someone’s house floods, it could amount to a lot of money, over time, for the City to take on. Mrs. Sposito stated that was understandable, however, her neighbor said the City took on that responsibility for him. Mr. Sauer stated he would like to know the circumstances of the incident in 2002. Mr. Sabatino stated there have been situations in the past where the City has dealt with things, and he did not think the City had rendered a final decision as yet. He stated he felt this was to be discussed this evening. Mr. Wisniewski stated it was to be discussed this evening, but so far the City has not found anything that made the City liable for this situation. Mr. Fix stated he could not see how the insurance company made a determination that it was the City’s fault that her basement flooded, and he stated he thought the City may be able to help with that issue.

Mr. Drobina stated the City has inspected sewers, purchased dishes to put over the manhole lids so if they do get covered up with water the water will not run down into the manhole, and we have had the lines cameraed from Long Road up to Windmiller Pond. He stated tomorrow they will start at the wastewater plant and camera the lines in that area. He stated there have been no findings on the lines so far. Mr. Sabatino ascertained no lift station was involved in the area near Mrs. Sposito’s home. He stated it was his opinion that storm water should flow in the storm sewer and sanitary should flow in the sanitary sewer, and if the sanitary system was functioning properly the fact that it is raining should not cause sewer backups and overflows. Mrs. Hammond stated under ordinary circumstances that was correct, but ordinarily you do not receive four to six inches of rain in a three to four hour period. Mr. Hansley stated that it is normal for every sewer system to have somewhere between ten and twenty percent of I&I under normal rain conditions. He continued that under normal conditions the system is sized big enough to handle that, but when you get an Act of God then I&I can, and will, overload your sanitary sewer system.

Mrs. Sposito stated her property backs up to the pond and water came all the way to the middle of her yard and in the front the water was up to the middle of her property as well. She stated both of her cars flooded, and this was not a normal situation. She stated further no-one else on her street had this problem and she was asking for help. Mr. Fix stated if water came up to the level of the house and flooded her cars, he couldn’t imagine the insurance company blaming all of that on the City’s system. Mrs. Hammond stated it was not that Council did not sympathize with Mrs. Sposito, but once a precedent is set it would have to be done in the future. Mrs. Sposito stated the City did pay her neighbor in the past. Mr. Fix stated as a Council he felt there were two questions they need answered. He stated that legally the City is not obligated to do anything because the system did not fail; it was a natural event. He stated the question was if it was a moral obligation to pay her damages, and that is a difficult question. He continued it was hard for him to be comfortable taking dollars paid by all the taxpayers and give them to an individual who suffered a loss that had, in essence, nothing to do with anything involved in city government. He stated he certainly wanted to help her find a way to get her insurance to take care of her because that was their obligation and that is why she paid insurance. Mr. Fix continued that from a taxpayer standpoint, it did not seem like it was the right thing to do. Mr. Sabatino stated he had distributed a copy of a letter from the City dated December 28, 2004, that dealt with the situation that happened in Cherry Hill. He stated the last sentence states the city is making plans to avoid any potential sewer line back ups in the future. Mr. Fix stated that situation is different because we had a system that failed and we fixed the system and paid the damages. Mr. Sabatino stated if the problem was storm sewer he might agree with Mr. Fix, but this involved sanitary sewer and he felt that was where the problem lies. He stated if it was sanitary he did not know of anything the homeowner’s could have done to prevent this from happening. Mr. Hansley stated the reality is this was a combination of both sanitary and storm water. He stated the main reason was five inches of rain; it did not start with a backup at the sewage plant that may have overloaded the storm system and the sanitary system. Mr. Drobina stated he was aware of one home near Mrs. Sposito’s home where the City did install a backflow preventer several years ago. Mr. Sauer clarified the storm water was in the yard and the street and the sanitary was in the basement. Further, he clarified the pond did not overflow into her yard; the water in her yard was from the rain. Mrs. Sposito questioned if the backflow preventer could be put in her house and Mr. Sabatino stated that is not something that is put in and forgotten about, it must be maintained. Mr. Drobina stated he would have someone stop at her home and look at it to determine the cost of installing a backflow preventer. Mr. Fix stated he also thought it would be good to explain exactly how this worked and all. Mr. Wisniewski questioned if we could have our law director look at Mrs. Sposito’s insurance paperwork and see if there was anything the City could do to help in that situation. Mr. Hansley stated he would request a motion to that effect. Mr. Fix moved to authorize the law director to review the insurance paperwork provided by Mrs. Sposito to see if the City could help her in any way; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sauer, Mr. Fix, Mrs. Sanders, Mrs. Hammond, Mr. Wisniewski, and Mr. Sabatino voting “Yea.” Motion passed, 6-0. Mrs. Sposito stated she would bring the documentation to Mrs. Yartin so it could be provided to the law director. Mr. Wisniewski stated this issue will be on the Service Committee agenda.

3. SUBCOMMITTEE REPORT:

A. Expense Subcommittee. Mr. Fix stated the subcommittee met on August 6^th, and will meet again immediately following this meeting tonight. He stated the subcommittee had reviewed the Urban Forestry Program, public health, leisure time activities, and other contributions and found there were some areas where changes could be made. He stated they had requested further information and they would review that at the meeting tonight.

4. FINANCE DEPARTMENT.

A. Finance Director’s Report. Mrs. Fersch stated she had provided a written report to the Committee and she would be happy to answer any questions. Mrs. Fersch further stated a revised pool budget estimate had been distributed to the Committee this evening. Mr. Fix clarified the $70,000 included on the appropriation ordinance are already in the report Mr. Carr provided and we still have a surplus amount. Mr. Carr stated further we had made some major purchases this year, however, they are items that will last for ten or fifteen years.

B. Review and request for motion to approve draft ordinance amending the 2008 appropriation, Ordinance 2007-85. Mrs. Fersch stated she had submitted a draft appropriation ordinance to the Committee for review. Mrs. Fersch reviewed the draft appropriation ordinance and clarified that we had three annual payments for the pool that were to be paid by the Park Impact Fees. Mr. Carr stated when we did our projections it would take approximately 70 new home starts to fund those payments, and as we are at somewhere around 35 so far this year, it is apparent we will have to use some of our operating money next year. Mr. Wisniewski clarified that after this payment we will have $5,000 remaining in the Park Impact Fee Fund. Mr. Hansley stated the goal is still not to subsidize the pool purchase or operations from General Fund tax money. Mrs. Hammond moved to approve and forward to Council; Mr. Fix seconded the motion. Roll call was taken with Mrs. Sanders, Mr. Sauer, Mrs. Hammond, Mr. Wisniewski, Mr. Sabatino, and Mr. Fix voting “Yea.” Motion passed, 6-0.

C. Review and request for motion to approve draft resolution accepting the amounts and rates as determined by the Fairfield County Budget Commission and authorizing the necessary tax levies and certifying them to the County Auditor. Mrs. Fersch stated the Budget Commission certified to us the real estate tax money and Council must pass the resolution accepting those rates. She stated this resolution must be filed with the County Auditor’s office by October 1^st. Mrs. Yartin stated we have not received the final resolution from the County Auditor as yet, however, she had provided a copy of last year’s resolution for review. Mrs. Fersch stated it may be necessary to have multiple readings and declare the emergency in order to file it with the Auditor on time, and stated as everyone could see from last year’s resolution that was necessary then as well. Mrs. Hammond moved to forward the legislation to Council upon receipt of the final resolution from the County Auditor; Mr. Fix seconded the motion. Roll call was taken with Mrs. Hammond, Mr. Fix, Mr. Sabatino, Mr. Wisniewski, Mrs. Sanders, and Mr. Sauer voting “Yea.” Motion passed, 6-0.

D. Review and discussion regarding calculation of water bills for condominium developments. Mr. Drobina stated Mr. Bradtke attended the Service Committee meeting in July and expressed a concern about the way we bill for condos. He stated he had provided a memo for the Committee to review on this issue. Mr. Drobina further stated condos with one master meter are treated as a commercial account so when they go over the 12,000 gallon limit for water there is an extra charge. He stated we have nine condominium associations in the City and six of the nine are treated this way with the other three having individual meters for each unit. Mr. Sabatino ascertained the determination of individual meters or one master meter is made by the developer. Mr. Drobina stated this was referred to Finance to see if we want to change the way we charge the water for condos. Mr. Fix clarified Mr. Bradtke was requesting they not be charged the excess rate for water. He further stated most condominium complexes have swimming pools and common facilities used by all the residents, so it is commercial. Mr. Sabatino stated it was his opinion that if the owners wanted single meter rates, they should put in single meters. Finance Committee concurred they did not want to prepare legislation to change the way we are currently billing condos.

E. Review and request for motion to approve draft ordinance to create a new Chapter of the Pickerington Codified Ordinances to limit expenditures made by the City for burial of indigent persons. Mrs. Fersch stated due to a recent change in State law, the City is required to pay for the burial of indigent persons. She stated the legislation was written to cap the expense at $750, and this is similar to the legislation adopted by the Cities of Columbus and Lancaster. Mr. Hansley stated county-wide the funeral directors have been absorbing this cost, and they are now passing the cost on to the municipalities. Mr. Sauer moved to approve and forward to Council; Mr. Wisniewski seconded the motion. Roll call was taken with Mrs. Hammond, Mr. Sauer, Mr. Sabatino, Mr. Fix, Mr. Wisniewski, and Mrs. Sanders voting “Yea.” Motion passed, 6-0.

F. Review and request for motion to approve draft ordinance authorizing the City Manager to enter into an agreement for participation in the Regional Council of Governments for the purpose of utilizing the Regional Income Tax Agency to administer and enforce the City of Pickerington’s income tax ordinances. (TABLED, 07/16/08) Mr. Fix stated while he realized this was Tabled until such time as we knew what our tax situation would be, and he did not desire to remove it from the Table, he would like to request that individuals from RITA attend the next Finance Committee meeting to provide a brief presentation for all of council. There were no objections from any committee member.

5. PERSONNEL DEPARTMENT:

A. Personnel Director’s Report. Mrs. Fersch stated she had provided a written report, and she would answer any questions.

6. CHAIRMAN:

A. Review and discussion regarding services the Township is to provide per annexation agreement. Mrs. Hammond stated she understood Mr. Drobina had a report on this issue. Mr. Drobina stated this was with regard to Spring Creek and presently the City does nothing there other than spray mosquitoes. He stated the Township plows the streets and takes care of that area. Mr. Wisniewski stated he understood that the law director was going to draft legislation to rescind the road and bridge levy legislation. Mr. Wisniewski moved to authorize the law director to draft legislation to rescind the ordinance that provides the Township receive the road and bridge levy on property annexed into the City; Mr. Sauer seconded the motion. Mr. Sabatino clarified that this is not to challenge what we have already agreed to, but was to cover future annexations. Mr. Sauer stated he would like to have language included in the draft that these annexations would be dealt with on a case-by-case nature. Mr. Wisniewski stated he did not have a problem with that being included in the draft legislation. Mr. Hansley clarified it was desired this be included in the text of the draft ordinance for discussion. Roll call was taken with Mrs. Hammond, Mr. Fix, Mr. Sabatino, Mr. Wisniewski, Mr. Sauer, and Mrs. Sanders voting “Yea.” Motion passed, 6-0.

7. OTHER BUSINESS:

A. Township Trustees Meeting – Update. Mrs. Hammond stated due to a conflict with our meetings and the Township’s meeting, it is difficult to have a council member attend. She stated she would request this be removed as an agenda item.

B. Pickerington Local School District Board Meeting – Update. Mrs. Sanders stated the school district received notification from the State that they are not only an Excellent school district, but an Excellent with Distinction.

Mrs. Hammond stated a Budget Schedule was distributed to the Committee this evening. Mr. Hansley stated staff was asked to provide a schedule so the budget could be completed sometime between the Thanksgiving and Christmas timeframe. He stated he would request this scheduled be adopted by motion so staff would have the guidance they need to proceed. Mr. Fix moved to adopt the schedule as provided by staff this evening; Mr. Sauer seconded the motion. Mr. Sabatino stated the first part of this schedule included an executive session this evening and Mr. Hansley stated that was correct, he was asking for an executive session next on the agenda. Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Fix, Mr. Sauer, Mrs. Sanders, and Mr. Wisniewski voting “Yea.” Motion passed, 6-0.

8. MOTIONS:

A. Motion for Executive Session under Section 121.22(G)(1)b, Matters involving an employee’s or public official’s employment, Section 121.22(G)(2), Purchase or sale of public property, Section 121.22(G)(3), Conference with law director regarding pending or imminent court action, and Section 121.22(G)(4), Matters involving bargaining sessions with public employees. Mr. Fix moved for Executive Session under Section 121.22(G)(1)(b), Matters involving an employee’s or public official’s employment; Mr. Wisniewski seconded the motion. Roll call was taken with Mrs. Hammond, Mr. Fix, Mr. Sabatino, Mr. Sauer, Mr. Wisniewski, and Mrs. Sanders voting “Yea.” Motion passed, 6-0.

Finance Committee adjourned into Executive Session at 8:20 P.M., and reconvened in open session at 8:40 P.M.

9. ADJOURNMENT. There being nothing further, Mrs. Sanders moved to adjourn; Mr. Sauer seconded the motion. Mr. Sauer, Mr. Fix, Mrs. Sanders, Mrs. Hammond, Mr. Wisniewski, and Mr. Sabatino voted "Aye." Motion carried, 6-0. The Finance Committee adjourned at 8:42 P.M., August 20, 2008.

RESPECTFULLY SUBMITTED:

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Lynda D. Yartin, Municipal Clerk