PICKERINGTON CITY COUNCIL

TUESDAY, DECEMBER 16, 2008

CITY HALL, 100 LOCKVILLE ROAD

 

 

REGULAR MEETING

7:30 P.M.

 

1.         ROLL CALL, PLEDGE OF ALLEGIANCE, AND INVOCATION. Council for the City of Pickerington met for a regular session Tuesday, December 16, 2008, at City Hall.  Mayor O’Brien called the meeting to order at 7:45 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, Chief Mike Taylor, Ed Drobina, Phil Hartmann, Lance Schultz, Nate Ellis, Gary Weltlich, Harry Myer, Carol Carter, Rachel Scofield, Joyce Bushman, Andrew Bushman, Timothy Bushman, Norm Hopkins, and others. 

 

2.         A.        APPROVAL OF MINUTES OF DECEMBER 2, 2008, WORK SESSION REGARDING CHANGES TO ADMINISTRATIVE CODE.  Mr. Sabatino moved to approve; Mr. Fix 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 DECEMBER 2, 2008, PUBLIC HEARING ON PROPOSED 2009 BUDGET.  Mr. Fix moved to approve; Mr. Smith 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. 

 

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

 

3.         APPROVAL OF AGENDA.  Mr. Fix moved to approve; Mr. Smith 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 passed, 7-0. 

 

4.         COMMUNITY COMMENTS:   

 

A.        Carol Carter, 23 Lakeland Place.  Ms Carter stated she would like to address the issue of the City changing to RITA for income taxes.  Ms Carter stated she had e-mailed questions to all council members prior to tonight’s meeting and she had received a response from three council members.  Ms Carter stated one of her questions was if council had done any research about this company.  She stated she had done some research on this company and found that the City of Marysville had used RITA, but does not any longer and several communities have left RITA because it became to expensive.  Ms Carter stated she felt that all of Council should review the document on the RITA website, and that is a 46-page document that explains how RITA works.  Ms Carter stated she felt that the customer service the residents receive from our tax department is worth any savings the City would see by going with RITA.  Ms Carter stated since she had not had a response from anyone about if they had done their homework, she would ask that this at least be tabled this evening so everyone could take the time to look at the information on the website and research it prior to even considering going any further with this ordinance. 

 

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

 

6.         COMMITTEE REPORTS:   

 

A.        RULES COMMITTEE.  Mr. Fix stated Rules Committee met on December 3rd, and concluded the second run through of the Charter review.  He stated the Committee asked the law director to prepare a memorandum summarizing the recommended changes for Council’s review.  He stated hopefully a Council work session can be scheduled sometime in January for Council to discuss these recommendations.  Mayor O’Brien clarified after the Council work session, Rules Committee would like to begin the process of seating a Charter Review Commission and presenting Council’s recommended changes to the Commission who will ultimately forward any recommended changes to the voters. 

 

B.         FINANCE COMMITTEE.  Mrs. Hammond stated Finance Committee met on December 10th, and determined they would not recommend any changes to the budget that is on Council’s agenda this evening for a final reading.  She further stated she would be asking for three readings on agenda items 8.A. through D. that were forwarded from the Finance Committee.  

 

C.        SERVICE COMMITTEE.  Mr. Wisniewski stated Service Committee met on December 11th, and had discussed red light cameras.  He stated this legislation will be on Council’s agenda on January 20th as it came out of Service Committee as not recommended.  Mr. Wisniewski stated further the public hearing on the red light cameras is scheduled just prior to Council on January 20th. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor O’Brien stated he had no report this evening, but presented Certificates to Andrew Bushman, Timothy Bushman, and Matthew McKay for earning the rank of Eagle Scout.  Mayor O’Brien stated Mrs. Hammond would like to update everyone on the Pickerington Food Pantry Fundraiser. 

 

            Mrs. Hammond stated the Pickerington Food Pantry stated she was very proud to announce that they have almost reached the goal of raising $10,000 for the Food Pantry.  She stated she would like to thank everyone who has donated to this cause. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he the Administrative Code is on the agenda for a second reading and he has met with Mr. Hansley regarding some revisions.  He stated those have not been forwarded to Council as yet, so he would recommend if Council would like to see those revisions it could be tabled this evening or go ahead with the second reading and the final revisions to the chapter regarding the Personnel Appeals Board will be forwarded prior to the next Council meeting.  Mr. Fix stated this is one paragraph in a fairly large document and he was comfortable with going ahead with the second reading this evening and receiving the amended ordinance by the next meeting and amending by substitution.  

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she had no report, but would answer any questions. 

 

D.        SERVICE MANAGER.  Mr. Drobina stated he was notified we will be receiving approximately $18,000 from FEMA due to the recent storm because an emergency was declared.  Mayor O’Brien reminded all of Council to complete their NIMS training because that keeps us eligible to receive FEMA funding. 

 

E.         CITY MANAGER.  Mr. Hansley stated he had provided a written report and he would answer any questions. 

 

8.         PROCEDURAL READINGS:

 

            A.        ORDINANCE 2008-95, “AN ORDINANCE AMENDING THE 2008 APPROPRIATION, ORDINANCE 2007-85,” First Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Mrs. Hammond stated she would be asking for three readings this evening.  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. Fix 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. Fix 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 2008-96, “AN APPROPRIATION ORDINANCE FOR ADVANCE OF FUNDS IN THE 2008 BUDGET (ORDINANCE 2007-85),” First Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Sauer, Mr. Smith, Mrs. Sanders, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.”  Suspension of Rules passed, 7-0.  Second Reading.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Sanders, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Sauer voting “Yea.”  Motion passed, 7-0.  Third Reading.  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. 

 

            C.        RESOLUTION 2008-17R, “A RESOLUTION CREATING A STORMWATER CONSTRUCTION FUND,” First Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  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. Fix 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.  Mrs. Hammond moved to adopt; Mr. Fix 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, 7-0. 

 

            D.        RESOLUTION 2008-18R, “A RESOLUTION OF ITEMS APPROPRIATED IN THE 2009 BUDGET AND AUTHORIZING TOTAL AMOUNT OF TRANSFERS TO NOT EXCEED AMOUNTS APPROVED, INCLUDING ANY FUTURE AMENDMENTS DURING THE 2009 BUDGET YEAR,” First Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Fix 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. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Sauer, Mr. Smith, Mr. Sabatino, Mr. Fix, Mrs. Hammond, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0.   Third Reading.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Wisniewski, Mr. Sabatino, Mr. Sauer, Mrs. Hammond, Mr. Fix, and Mr. Smith voting “Yea.”  Motion passed, 7-0. 

 

            E.         ORDINANCE 2008-87, “AN ORDINANCE AMENDING PART TWO OF THE CODIFIED ORDINANCES OF PICKERINGTON, THE ADMINISTRATIVE CODE: TITLE TWO (CHAPTERS 202-208), TITLE FOUR (CHAPTERS 220-222), TITLE SIX (CHAPTERS 230-250), AND TITLE EIGHT (CHAPTERS 268-280),” Second Reading, Rules Committee.  Mr. Fix moved to remove from the Table; Mr. Smith seconded the motion.  Mr. Fix stated he was comfortable that the one paragraph that needs to be amended yet will be completed and Council will have that language shortly.  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 2008-90, “AN 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,” Second Reading, Finance Committee.  Mr. Fix moved to adopt; Mr. Sauer seconded the motion.  Mr. Sabatino stated he would like to have time to review the information provided by Ms Carter this evening.  Mr. Sabatino moved to Table; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Fix voting “Nay,” and Mr. Sauer, Mr. Wisniewski, Mrs. Hammond, Mr. Smith, Mr. Sabatino, and Mrs. Sanders voting “Yea.”  Motion passed, 6-1.  (TABLED)

 

            G.        ORDINANCE 2008-91, “AN ORDINANCE ADOPTING A GENERAL FEE SCHEDULE FOR THE CITY OF PICKERINGTON,” Second Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Sanders, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Sauer voting “Yea.”  Motion passed, 7-0.

 

            H.        ORDINANCE 2008-93, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH W.E. STILSON CONSULTING GROUP, LLC, FOR PROFESSIONAL ENGINEERING SERVICES,” Second Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Sanders, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Sauer voting “Yea.”  Motion passed, 7-0. 

 

9.         LEGISLATIVE READINGS:

 

            A         ORDINANCE 2008-85, “AN ORDINANCE ADOPTING A CAPITAL IMPROVEMENTS PLAN (CIP) FOR 2009-2013,” Third Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Mr. Fix clarified there was no change to the CIP regarding the TDS project; it is still projected for 2010.  Roll call was taken with Mr. Fix, Mr. Sauer, Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, Mr. Smith, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0.  

 

            B.         ORDINANCE 2008-86, “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),” Third Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Fix 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. 

 

            C.        ORDINANCE 2008-83, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT ECONOMIC DEVELOPMENT AGREEMENT WITH THE CITY OF LANCASTER, VILLAGE OF CANAL WINCHESTER, AND VIOLET TOWNSHIP,” Third Reading, Finance Committee.  (TABLED, 12/02/08).  Mrs. Hammond moved to Remove from the Table; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 7-0.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Wisniewski, Mr. Smith, and Mr. Sauer voting “Yea.”  Motion passed, 7-0. 

 

            D.        ORDINANCE 2008-92, “AN ORDINANCE ADOPTING THE BUDGET FOR THE 2009 FISCAL YEAR BEGINNING JANUARY 1, 2009,” Third Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Fix 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. 

 

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

 

11.       MOTIONS: 

 

            A.        MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(g)(2), PURCHASE OR SALE OF PUBLIC PROPERTY, AND SECTION 121.22(g)(3), CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION.  Mrs. Hammond moved for Executive Session under Sections 121.22(G)(2) and 121.22(G)(3); Mr. Smith seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Sauer, Mr. Smith, Mr. Fix, Mr. Wisniewski, and Mrs. Sanders voting “Yea.”  Motion passed, 7-0.

 

Council adjourned into Executive Session at 8:30 P.M., and reconvened in open session at 9:14 P.M.

 

12.       ADJOURNMENT.  There being nothing further, Mr. Sabatino moved to adjourn; Mr. Fix seconded the motion.  Mr. Sabatino, Mrs. Sanders, Mrs. Hammond, Mr. Wisniewski, Mr. Fix, Mr. Sauer, and Mr. Smith voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 9:15 P.M., December 16, 2008. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

_______________________________

Mitch O’Brien, Mayor