PICKERINGTON CITY COUNCIL

TUESDAY, JANUARY 20, 2009

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, January 20, 2009, 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, Chief Mike Taylor, Ed Drobina, Phil Hartmann, Pastor April Thoms, Carol Carter, Anne Holmes, Jim Woods, Harry Myer, Nate Ellis, and others.  Pastor Thoms delivered the invocation. 

 

2.         APPROVAL OF MINUTES OF JANUARY 6, 2009, 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. Sauer, Mr. Fix, and Mrs. Sanders voting “Yea.”  Motion passed, 7-0. 

 

3.         APPROVAL OF AGENDA.  Mr. Sabatino 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. 

 

4.         COMMUNITY COMMENTS:    There were no Community Comments. 

 

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

 

6.         COMMITTEE REPORTS:   

 

A.        RULES COMMITTEE.  Mr. Smith stated Rules Committee met on January 14th, and continued discussion regarding Charter review.  He stated he will be developing a schedule of events to present to Rules at their next meeting about when actions need to happen, the progress towards the ballot, etc.  Mr. Smith stated he would answer any questions.  

 

B.         FINANCE COMMITTEE.  Mr. Fix stated Finance Committee also met on January 14th, and forwarded the appropriation ordinance and the two resolutions authorizing the advance distribution of our tax levies.  Mr. Fix stated he would be asking for three readings on all of that legislation this evening.  Mr. Fix stated long and short term financing options for Diley Road was discussed and would be continued at the February meeting, and the Committee also agreed to a process for hiring a city engineer.  Mr. Fix stated he would be happy to answer any questions. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor O’Brien stated he had no report this evening.   

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he had no report this evening, but would be happy to answer any questions.  Mr. Fix stated he would like to have an executive session at the end of the meeting to speak with the law director regarding pending or imminent court action. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated we received our bids on the $8.3 million note issue today and the net interest cost is 1.5080 percent. 

 

D.        SERVICE MANAGER.  Mr. Drobina stated he had no report, but would be happy to answer any questions. 

 

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

 

8.         PROCEDURAL READINGS:

 

            A.        ORDINANCE 2009-01, “AN ORDINANCE AMENDING THE 2009 APPROPRIATION, ORDINANCE 2008-92,” First Reading, Finance Committee.  Mr. Fix 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.  Mr. Fix moved to suspend the rules for the purpose of three readings; Mr. Smith 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.  Mr. Fix 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.  Mr. Fix 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 2009-02, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR A PHOTO RED LIGHT ENFORCEMENT PROGRAM WITH RED FLEX TRAFFIC SYSTEMS, INC.,” First Reading, Service Committee (Not Recommended)  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Mr. Sabatino stated the Mayor had brought up the point of perhaps looking at putting cameras in more than just one direction in the contract we are doing and he hoped the City Manager would check out the viability of doing that.  Mr. Smith stated he would also encourage the City Manager and the Mayor to explore the option for a right turn violation as well on at least three of our intersections.  Mr. Wisniewski stated it was not clear to him what we would be agreeing to based on the proposed contract.  He stated the contract is to put in red light enforcement, but he does not see anywhere in the contract where it addresses how many or what intersections or who makes the determination about that.  He stated further speed cameras were talked about tonight and he does not see any information about that.  Mr. Wisniewski stated if this is truly an issue of safety as everyone is claiming, then he would imagine that we would be looking into other options that are available as well, such as stop sign enforcement, etc.  Mr. Wisniewski stated he does not agree that this is strictly about safety because he feels there is a lot of misinformation out there and studies that have been funded by RedFlex and ACS show information the way they want to, and there were enough independent studies out there that show the complete opposite as to reductions and even actual increases in accidents, and he, therefore, would not be voting for this.  Mr. Wisniewski stated he would like to know if anyone on Council really knew what the agreement would allow to be put into our system, and Mr. Sabatino stated he knew what was talked about but he could not recall discussion on anything more than the red light movements.  Mr. Hansley stated the agreement before Council is for red light enforcement only and allows for further negotiation on other programs.  Mr. Hansley stated this agreement is based on the study RedFlex conducted and the City is not expending any money so it is up to the vendor to install the cameras.  He stated we could ask them to consider other proposals, but it would be up to them because again we are not expending any money.  Mr. Sabatino stated he does not know about other council members, but he does not like to vote for open ended things and he would like to know exactly what he was voting for, and then later if we want to do more then that should require a separate appearance before this body.  Mr. Smith stated he liked giving staff a little room to negotiate and run the city and he was okay with giving that authority to the City Manager.  Mr. Fix inquired if it would be reasonable to expect that by the time this reaches the third reading the numbers could be defined.  Mr. Sabatino inquired if we would also have an answer to the question of more than a single direction, and Mr. Hansley stated based on the discussion he heard tonight we would impose upon them that requirement, however, they could say no.  Mr. Sabatino stated it sounded to him that we were not at a final product and he would urge his fellow council members to table this until the Manager came back with a proposal that could be voted on.  Mr. Wisniewski stated he would like to point out that the agreement does not state this is not for speed cameras, it talks about “monitored” intersections and monitor can be a number of different ways.  Mr. Fix stated he would request this be voted on tonight and ask Mr. Hansley get with RedFlex and get all the definitions in the contract before the next Council meeting so everyone is very clear on what is being voted on.  He stated if that cannot be accomplished by the next meeting he would recommend it be tabled at that point.  Mr. Hansley stated from a negotiating standpoint he would agree with Mr. Fix.  Mr. Fix further stated he felt this was a combination of safety, revenue, and police enforcement issues, and if it turns out that safety is not enhanced with this program we would have the right contractually to pull the cameras out.  Mr. Fix stated he understood other council member’s concerns, but he felt the point was that if it turns out that our experience is that it causes more accidents we can stop the program immediately.  Mr. Wisniewski stated if that is the case, he felt that language needs to be cleaned up in the agreement.  He stated he would like it defined as to what “significant” means and what an “intersection” means.  He stated some of the studies that were done regarding this stated that if something was done outside of the view of the camera it was not in the intersection.  Mr. Fix suggested Mr. Wisniewski, Mr. Hansley, and himself work together on the contract language and Mr. Wisniewski stated he was fine with that.  Roll call was taken with Mrs. Hammond and Mr. Wisniewski voting “Nay,” and Mrs. Sanders, Mr. Fix, Mr. Sabatino, Mr. Sauer, and Mr. Smith voting “Yea.”  Motion passed, 5-2. 

 

            C.        RESOLUTION 2009-01R, “ANNUAL RESOLUTION TO REQUEST ADVANCE DISTRIBUTION OF TAX MONIES OF 2.3 MILL GENERAL OPERATING LEVY FROM THE FAIRFIELD COUNTY AUDITOR PURSUANT TO SECTION 321.34, OHIO REVISED CODE,” First Reading, Finance Committee.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Mr. Fix stated this and the next item are the annual resolutions that allow us to more quickly receive our tax monies from the County.  He stated he would be asking for three readings on this and the next resolution this evening.  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.  Mr. Fix moved to suspend the rules for the purpose of three readings; Mr. Smith 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.  Mr. Fix 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.  Mr. Fix 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, 7-0. 

 

            D.        RESOLUTION 2009-02R, “ANNUAL RESOLUTION TO REQUEST ADVANCE DISTRIBUTION OF TAX MONIES OF 5.5 MILL POLICE OPERATING LEVY FROM THE FAIRFIELD COUNTY AUDITOR PURSUANT TO SECTION 321.34, OHIO REVISED CODE,” First Reading, Finance Committee.  Mr. Fix 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.  Mr. Fix moved to suspend the rules for the purpose of three readings; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mr. Smith, Mrs. Sanders, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Suspension of Rules passed, 7-0.  Second Reading.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sauer, Mrs. Sanders, Mr. Sabatino, Mr. Smith, Mrs. Hammond, Mr. Fix, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0.  Third Reading.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Sauer, Mrs. Sanders, Mr. Sabatino, Mr. Fix, Mrs. Hammond, and Mr. Smith voting “Yea.”  Motion passed, 7-0. 

 

            E.         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.  (TABLED, 12/16/08)

 

9.         LEGISLATIVE READINGS:  NONE.

 

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

 

11.       MOTIONS: 

 

            A.        MOTION TO WAIVE THE REQUIREMENT FOR NON-ELECTED CITY EMPLOYEES TO FILE FINANCIAL DISCLOSURE FORMS WITH THE OHIO ETHICS COMMISSION.  Mr. Smith moved to waive this requirement; Mr. Fix seconded the motion.  Mr. Smith stated it has brought to the City’s attention that even if our non-elected city officials file these forms with the Ethics Commission, they do not have enforcement capability over non-elected officials.  He stated this ordinance was adopted several years ago and Rules Committee will be looking at the entire ordinance.  He stated he would urge all council members to support this waiver.  Mayor O’Brien inquired if the motion was to waive filing the forms with the Ethics Commission, however, they would still be filled out and held by the law director, and Mr. Wisniewski stated he understood they would not fill out the forms at all.  Mr. Smith stated the way the ordinance is written it would require the former City Manager to file this form for the entire year even though she was employed by the City for only the first four days of the year.  Mr. Hansley stated the Ethics Commission brought this issue to the attention of Mrs. Yartin and the City is paying a fee for them to examine these forms when they cannot enforce them.  He further stated he would be required to file the form for the entire year even though he was not the City Manager for the entire year.  Mr. Sauer stated he felt the point was that the forms are filled out and filed, a fee is paid, and they can’t do anything with them so it is almost a useless process.  Mr. Smith stated even if a complaint was made, the Ethics Commission has no jurisdiction over this.  Mr. Sabatino stated he felt the intent was to have the non-elected officials held to the same standards as the elected officials, and Mr. Hansley stated that is not being accomplished by this ordinance.  Mr. Sabatino stated then perhaps the ordinance should be re-examined and Mr. Smith stated that is what Rules Committee is going to do.  Mr. Hartmann stated this was discussed in Rules Committee and it was determined that if these employees are just sending the forms in and the Ethics Commission has no jurisdiction, then let’s get rid of the idea of having them do that.  He stated his office is in the process of reviewing this ordinance and providing a revised ordinance for the next Rules Committee to address this issue.  Mr. Sabatino stated the forms do not have to be filed until April, so he would like to see the revised ordinance reviewed by Rules Committee before he would support this motion.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Wisniewski, Mr. Sauer, Mrs. Hammond, Mr. Smith, Mr. Fix, and Mrs. Sanders voting “Yea.”  Motion passed, 6-1. 

 

Mr. Fix moved for an Executive Session under Section 121.22(G)(3), Conference with the Law Director regarding pending or imminent court action; Mrs. Hammond 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.  

 

Council adjourned into Executive Session at 8:08 P.M., and reconvened in open session at 8:30 P.M.

 

12.       ADJOURNMENT.  There being nothing further, Mr. Fix 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 8:32 P.M., January 20, 2009. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

_______________________________

Mitch O’Brien, Mayor