PICKERINGTON CITY COUNCIL

TUESDAY, SEPTEMBER 2, 2008

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, September 2, 2008, at City Hall.  Mayor O’Brien called the meeting to order at 7:30 P.M.  Roll call was taken as follows:  Mr. Fix, Mr. Sauer, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, Mr. Sabatino, Mrs. Sanders, and Mayor O’Brien were present.  No members were absent.  Others present were: Tim Hansley, Lynda Yartin, Linda Fersch, Commander Steve Annetts, Ed Drobina, Phil Hartmann, Miriam Segaloff, Rachel Scofeld, Brian Price, Todd Wielinski, Carol Carter, Gary Weltlich, Tony Barletta, Karl Stalter, Larry Jones, and others. 

 

2.         A.        APPROVAL OF MINUTES OF AUGUST 13, 2008, SPECIAL MEETING.  Mr. Fix moved to approve; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Sauer, Mr. Fix, and Mrs. Sanders voting “Yea.”  Motion passed, 7-0. 

 

B.         APPROVAL OF MINUTES OF AUGUST 19, 2008, REGULAR MEETING.  Mr. Sabatino moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Sauer, Mrs. Hammond, Mrs. Sanders, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0. 

 

3.         APPROVAL OF AGENDA.  Mr. Fix moved to approve; Mr. Sauer seconded the motion.  Mrs. Hammond moved to amend the agenda to add Resolution 2008-12R, “A Resolution accepting the amounts and rates as determined by the Fairfield Budget Commission and authorizing the necessary tax levies and certifying them to the County Auditor and declaring the emergency;” Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Sauer, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, and Mrs. Sanders voting “Yea.”  Motion to amend passed, 7-0.  Roll call was taken on the agenda as amended with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Sauer, Mr. Fix, and Mrs. Sanders voting “Yea.”  Motion passed, 7-0. 

 

4.      COMMUNITY COMMENTS:  There were no Community Comments. 

 

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

 

6.         COMMITTEE REPORTS:   

 

A.        FINANCE COMMITTEE.  Mrs. Hammond stated Finance Committee met on August 20th, and the minutes have been distributed.  She stated two items from that meeting are on tonight’s agenda as well as the Resolution that was just added to the agenda.  Mrs. Hammond stated she would answer any questions anyone might have. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor O’Brien stated the Mayor’s Court Monthly Report has been distributed, and he would like to point out that $2,265.98 from delinquent income tax restitution is included in this month’s report.  Mayor O’Brien stated the Labor Day celebration was very well attended and a very nice event.  He further stated the Pickerington-Reynoldsburg Rotary Club would like to participate in a volunteer project in the City.  He further stated the Meadows Boulevard culvert is almost complete and everyone has done a fantastic job on this project. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he had notified Council a trial was set for September 16th on the Viola Park matter and that has been stayed pending the appeal on Viola I.  He stated he did not feel that a new date has been set as yet.  Mr. Hartmann further stated the ordinance on tonight’s agenda regarding indigent burial is the result of a recent incident where the city was required to pay for an indigent persons burial.  He stated the City has the right to limit that expenditure to $750, which is generally the cost for this, and this ordinance does that.  Mr. Hartmann stated he would answer any questions. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she would request three readings on the appropriation ordinance this evening as there are several items that need to be taken care of.   

 

D.        SERVICE MANAGER.  Mr. Drobina stated he had no new items on tonight’s agenda, but he would answer any questions anyone might have.  Mr. Drobina stated as Mayor O’Brien had indicated, the Meadows Boulevard culvert replacement is almost complete and looks very good.  Mr. Fix clarified the fuel surcharge on the refuse collection contract is calculated using the price per gallon provided by the Department of Energy’s Midwest Region on the last Monday of the month prior to your billing cycle.  Mr. Drobina stated one section of noise wall has been installed on Diley Road by the Sheffield subdivision if anyone wants to see what it will be like.  Mr. Sabatino clarified the height of the wall will vary depending upon the location. 

 

E.         CITY MANAGER.  Mr. Hansley stated he would like to state that the Meadows Boulevard culvert replacement was one of the first projects where the City was actually the general contractor and he would like to thank Mr. Drobina, Ms VanCleave, and our engineering inspectors for the way the project has turned out.  Mr. Hansley stated another project the City is coordinating is the sidewalk by Drug Mart on Diley Road and S.R. 256.  Mr. Hansley further stated the pool closed yesterday and staff will be evaluating what went well and what can be improved for next year.  

 

8.         PROCEDURAL READINGS:

 

            A.        ORDINANCE 2008-58, “AN ORDINANCE AMENDING THE 2008 APPROPRIATION, ORDINANCE 2007-85,” First Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 7-0.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mrs. Hammond, Mr. Sauer, Mr. Smith, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 7-0.  Second Reading.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Sauer voting “Yea.”  Motion passed, 7-0.  Third Reading.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sauer, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0. 

 

            B.         ORDINANCE 2008-59, “AN ORDINANCE TO CREATE A NEW CHAPTER OF THE CODIFIED ORDINANCES TO LIMIT EXPENDITURES MADE BY THE CITY FOR BURIAL OF INDIGENT PERSONS,” First Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Mrs. Hammond stated this is the legislation Mr. Hartmann had briefed on earlier.  Roll call was taken with Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, Mr. Sauer, and Mr. Smith voting “Yea.”  Motion passed, 7-0. 

 

            C.        RESOLUTION 2008-12R, “A 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 AND DECLARING THE EMERGENCY,” First Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Mrs. Hammond requested Mrs. Fersch provide a brief explanation on this resolution.  Mrs. Fersch stated the Ohio Revised Code requires this resolution be filed with the County Auditor no later than October 1st so we can have our property tax collected.  She stated she would request three readings this evening as an emergency in order to meet that deadline.  Mrs. Fersch stated she had provided information to the Finance Committee before we received the paperwork form the County Auditor because the Budget Commission met the first week in August.  She stated after the budget hearing the Auditor has until September 1st to forward the paperwork to the City, and it was just received from the County Auditor.  Mr. Sabatino clarified that if there were three readings this evening, without declaring the emergency, the effective date would not be prior to the October 1st deadline.  Mrs. Fersch stated this is the way the State Code is and the City has no control over it.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Smith, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 7-0.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Smith, Mr. Sauer, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 7-0.  Second Reading.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Fix, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Sabatino, and Mr. Sauer voting “Yea.”  Motion passed, 7-0.  Third Reading, with emergency.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Wisniewski, Mrs. Hammond, Mr. Fix, Mr. Smith, Mr. Sauer, and Mr. Sabatino voting “Yea.”  Motion passed, with emergency, 7-0. 

 

9.         LEGISLATIVE READINGS:

 

            A.        ORDINANCE 2008-51, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONTINUE MEMBERSHIP WITH THE CENTRAL OHIO RISK MANAGEMENT ASSOCIATION FOR THE TIME PERIOD OCTOBER 1, 2008, TO SEPTEMBER 30, 2009,” Third Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Fix, Mr. Sauer, Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 7-0. 

 

            B.         ORDINANCE 2008-52, “AN ORDINANCE TO AMEND ORDINANCE 2007-81, THE EMPLOYEE PAY PLAN AND AUTHORIZED STRENGTH FOR 2008,” Third Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sauer, Mr. Smith, Mr. Wisniewksi, Mr. Sabatino, Mrs. Hammond, Mrs. Sanders, and Mr. Fix voting “Yea.”  Motion passed, 7-0. 

 

            C.        ORDINANCE 2008-53, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE ADAPTIVE CONTROL SOFTWARE LIGHT SIGNAL SOFTWARE CONTROLLER SYSTEM WITH SIEMENS ENERGY AND AUTOMATION, INC., AND WAIVING COMPETITIVE BIDDING,” Third Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mrs. Hammond seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sauer, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0. 

 

            D.        ORDINANCE 2008-55, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPLY FOR OHIO PUBLIC WORKS COMMISSION GRANT FUNDS FOR CIP WW-03 SYCAMORE CREEK EAST RELIEF LINE PHASE II (LOCKVILLE ROAD TO HILL ROAD) AND CIP SM-04 OLDE PICKERINGTON VILLAGE OUTFALL ENGINEERING AND CONSTRUCTION,” Third Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mrs. Hammond seconded the motion.  Roll call was taken with Mr. Sauer, Mr. Smith, Mr. Wisniewski, Mr. Sabatino, Mrs. Hammond, Mrs. Sanders, and Mr. Fix voting “Yea.”  Motion passed, 7-0.  

 

            E.         ORDINANCE 2008-56, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH REYNOLDS, INC., THE LOWEST RESPONSIBLE BIDDER FOR THE WASTEWATER TREATMENT PLANT EXPANSION PROJECT,” Third Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mrs. Hammond seconded the motion.  Mr. Sabatino stated he would comment that he still has not received the information he had requested from DLZ so he was concerned about change orders, cost overrun, etc., not from the standpoint of it being a function of the contractor but maybe from the DLZ engineering. Mr. Wisniewski stated, however, this contract has nothing to do with DLZ, and Mr. Sabatino stated he understood that.  Roll call was taken with Mrs. Sanders, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sauer, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0. 

 

            F.         ORDINANCE 2008-57, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH RUMPKE TO GRANT AN EXCLUSIVE RESIDENTIAL LICENSE FOR GARBAGE AND REFUSE COLLECTION,” Third Reading, Safety Committee.  Mr. Smith moved to adopt; Mrs. Sanders seconded the motion.  Mr. Smith stated the negotiated contract has been distributed for council’s review and this contract will become effective in October.  Mr. Fix clarified the fuel surcharge as discussed earlier is reflected in the contract.  Mr. Wisniewski stated he had received the information he requested regarding Rumpke’s reputation with other communities and he was satisfied with that information.  He further stated, as he understood it, the contract reflects that residents do have the choice of using the smaller recycling bin or the larger one.  Mr. Sabatino clarified that since the contract will not become effective until October 2nd, and the first day of pick-up will be October 3rd, Rumpke will pick up whatever is put out on the curb because they will not have had time to distribute the toters, recycling bins, etc.  Mr. Hansley stated Waste Management will be picking up their containers on the date they do their last garbage pick up.  He further stated Rumpke will be sending information out to all of the residents informing them of the transition, etc.  Roll call was taken with Mrs. Sanders, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sauer, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0.  

 

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

 

11.       MOTIONS:  There were no motions. 

 

12.       ADJOURNMENT.  There being nothing further, Mr. Sabatino moved to adjourn; Mr. Smith seconded the motion.  Mrs. Sanders, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sauer, Mr. Sabatino, and Mr. Wisniewski voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 8:05 P.M., September 2, 2008. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

_______________________________

Mitch O’Brien, Mayor