PICKERINGTON CITY COUNCIL

TUESDAY, MARCH 3, 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, March 3, 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, and Mayor O’Brien were present.  Mrs. Sanders was absent.  Others present were: Tim Hansley, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Ed Drobina, Phil Hartmann, Lance Schultz, Pastor Jeffrey Myers, Devin Reany, Gary Weltlich, Rachel Schofeld, Nate Ellis, Boy Scout Troop 866, Eric Slangerup, Brandon Gilbert, Paul Williams, Mike Hall, and others.  Pastor Myers of Prince of Peace Presbyterian Church delivered the invocation. 

 

2.         APPROVAL OF MINUTES OF FEBRUARY 17, 2009, REGULAR MEETING.  Mr. Sabatino moved to approve; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Sauer, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

3.         COMMUNITY COMMENTS. There were no community comments. 

 

4.         COUNCIL COMMUNICATIONS.  There were no council communications. 

 

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

 

6.         APPROVAL OF AGENDA.  Mr. Smith moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Sauer, Mrs. Hammond, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0. 

 

7.         REPORTS:   

 

A.        MAYOR.  Mayor O’Brien stated Monthly Mayor’s Court Report had been distributed.  Mayor O’Brien further stated he and Mr. Fix had attended the Department of Health District Advisory Council meeting and a budget was passed, however, the Department of Health has some work to do before turning in that budget.   

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he had nothing to report but would answer any questions anyone might have.  

 

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

 

D.        SERVICE MANAGER.  Mr. Drobina stated legislation was on tonight’s agenda for a contract with Morton Salt to purchase salt for the water treatment plant, and also to authorize the City Manager to accept a loan from OPWC.  He stated this is tied into the grant we applied for to construct the old town outfall and the East Street/Fanchers Street water line.  Mr. Drobina stated the loan is in the amount of $387,765 and is a zero percent loan for twenty years.  Mr. Drobina stated he would request three readings on that this evening as he needs to return the paperwork to OPWC within 45 days. 

 

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

 

F.         SAFETY COMMITTEE.  Mr. Sabatino stated Safety Committee met on February 18th, and the minutes have been distributed.  Mr. Sabatino stated the ordinances on tonight’s agenda dealing with contract mowing and disturbing the peace came out of that meeting.  Mr. Sabatino stated the committee also had discussion regarding the imposition of some new fees that will be discussed again at the next Safety Committee meeting.    

 

G.        FINANCE COMMITTEE.  Mr. Fix stated Finance Committee will meet tomorrow evening and discuss the Board of Health situation and will speak with both the Fairfield County and Franklin County Board of Health.

 

8.         PROCEDURAL READINGS:

 

            A.        ORDINANCE 2009-07, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE BIDS OF KELLER FARMS LANDSCAPE & NURSERY AND MYERS LAWNCARE & PROPERTY SERVICES FOR CONTRACT MOWING SERVICES IN 2009,” First Reading, Safety Committee.  Mr. Sabatino moved to adopt; Mr. Sauer seconded the motion.  Mr. Sabatino stated bids were received and these were the most cost effective and responsible bidders and Safety Committee was recommending approval.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Motion passed, 6-0.  

 

            B.         ORDINANCE 2009-08, “AN ORDINANCE AMENDING SECTION 648.10 OF THE PICKERINGTON CODIFIED ORDINANCES ENTITLED “DISTURBING THE PEACE” AND REPEALING SECTION 648.04 ENTITLED “DISORDERLY CONDUCT,” First Reading, Safety Committee.  Mr. Sabatino moved to adopt; Mr. Sauer seconded the motion.  Mr. Sabatino stated this legislation is the result of many months of discussion in Committee and it combines these two sections and takes the “reasonable man” approach.  Mr. Wisniewski stated he would support this ordinance, however, he was concerned with the manner this was brought about.  He stated it seemed like an ordinance where we were trying to solve a neighborly dispute between two parties that turned into months of work and effort by the Safety Committee, staff, and law director.  He stated he did not feel that kind of manpower should be expended on a dispute and he hoped we got some kind of procedure together as to how we would handle these types of issues.  Mr. Wisniewski stated we cannot legislate being a good neighbor, and Mr. Sabatino stated that fact is recognized in the ordinance.  Mr. Sabatino stated one of the things he tried to do when this situation was brought to the Committee’s attention was to ensure the legislation was not designed to specifically deal with an individual case but to work on the process of giving us something a little more updated to work with.  He stated he concurred that we are not to be arbiter of neighbor disputes and he did not feel this particular ordinances deals specifically with that issue, but with the whole topic in general.  Mr. Wisniewski stated he agreed and that is why he had stated he is not against this ordinance and it is a positive step in the right direction from what we have on the books and it will help in some future cases.  He stated, however, the way it brought about caused some issues in his mind.  Mr. Fix stated sometimes individual neighborhood disputes shed light on some holes in some of ordinances passed and some of our laws passed.  He stated he did not know that it was a bad thing that sometimes these kind of conflicts cause Council to review things that were done years or decades ago to make sure that we are up to date.  Mrs. Hammond stated she agreed Council should review things on a regular basis and for the most part she did not have any issues with this.  She stated she was not sure, however, we were not leaving an opening for more neighborly disputes.  She stated she also feels that 7:00 A.M. is a little early for people to be mowing their yards and operating gardening equipment and perhaps that could be 8:00 A.M.  Mrs. Hammond moved to amend the wording in 648.10(A)(6)(b)7 for the use of lawn mowers and other similar motorized landscaping equipment between 8:00 A.M. and 9:00 P.M. instead of 7:00 A.M. and 9:00 P.M.; Mr. Fix seconded the motion.  Mr. Sabatino clarified this would affect only that section of the ordinance and not the sections dealing with construction, trash pick-up, etc.  Roll call was taken on the motion to amend with Mar. Wisniewski, Mr. Sauer, Mr. Smith, and Mr. Sabatino voting “Nay,” and Mr. Fix and Mrs. Hammond voting “Yea.”  Motion to amend failed 4-2.  Roll call was taken with Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, Mr. Sauer, and Mr. Smith voting “Yea.”  Motion passed, 6-0. 

 

            C.        ORDINANCE 2008-09, “AN ORDINANCE APPROVING ADOPTING OF THE DILEY ROAD CORRIDOR STUDY AND PLAN,” First Reading, Service Committee.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Mr. Wisniewski stated this was a study we had done that went with the Growth Management Plan adopted in 2005.  He stated this was a blueprint for how we would like to see Diley Road develop and will be a tool for our Planning and Zoning Department to present to developers.  Roll call was taken with Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Sauer, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

            D.        ORDINANCE 2009-10, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MORTON SALT FOR SOFTENING SALT FOR THE CITY’S WATER TREATMENT PLANT,” First Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mrs. Hammond seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            E.         ORDINANCE 2009-11, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A LOAN FROM THE OHIO PUBLIC WORKS COMMISSION FOR CIP PROJECT NO. SM-04, OLDE PICKERINGTON VILLAGE OUTFALL CONSTRUCTION, AND CIP PROJECT NO. W-18, S. EAST STREET AND FANCHERS STREET WATER MAIN REPLACEMENT CONSTRUCTION,” First Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Mr. Wisniewski stated Mr. Drobina had briefed on this earlier and is tied to the Ohio Public Works Grant and that needed partial funding from the City.  He stated the majority of the funding will come from the grant and the loan is at zero percent for twenty years.  Mr. Wisniewski stated further these two projects have been planned for some time.  Roll call was taken with Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, Mr. Sauer, and Mr. Smith voting “Yea.”  Motion passed, 6-0.  Mr. Wisniewski 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, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Sauer voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Fix, Mr. Sauer, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 6-0. 

 

            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.  (TABLED, 12/16/08)

 

            G.        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.,” Second Reading, Service Committee.  (TABLED, 02/03/09)

 

            H.        ORDINANCE 2009-06, “AN ORDINANCE AMENDING CHAPTER 250, ETHICS, OF THE PICKERINGTON CODIFIED ORDINANCES,” Second Reading, Rules Committee.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated this would only eliminate the requirement for the employees of Council to submit a financial disclosure form to the Ohio Ethics Commission.  He stated this did not exempt them from any of the ethics requirements contained in the municipal ordinances.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Motion passed, 5-1.

 

9.         LEGISLATIVE READINGS:

 

            A.        ORDINANCE 2009-03, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NEPTUNE EQUIPMENT COMPANY,” Third Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Fix, Mr. Sauer, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 6-0. 

 

            B.         ORDINANCE 2009-04, “AN ORDINANCE APPROVING THE REZONING OF 5.82 +/- ACRES (PARCEL ID 0411122200) FROM C-2 LIMITED COMMERCIAL (VIOLET TOWNSHIP) TO C-3 COMMUNITY COMMERCIAL LOCATED AT THE NORTHEAST CORNER OF THE REFUGEE ROAD AND MILNOR ROAD INTERSECTION (GILLILAN LIMITED PARTNERSHIP), Third Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sauer, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

            C.        RESOLUTION 2009-03R, “A RESOLUTION AUTORIZING THE PETITION FOR ANNEXATION OF 4.088 ACRES, MORE OR LESS, LOCATED IN VIOLET TOWNSHIP, FAIRFIELD COUNTY, TO THE CITY OF PICKERINGTON (SWIMMING POOL),” Third Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Hammond, Mr. Fix, Mr. Smith, Mr. Sauer, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

10.       DISCUSSION.  There was no discussion.

 

11.       REFERRAL TO COMMITTEE.  Mayor O’Brien stated he had no committee referrals. 

 

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

 

13.       MOTIONS:  There were no motions. 

 

 

12.       ADJOURNMENT.  There being nothing further, Mr. Smith moved to adjourn; Mr. Fix seconded the motion.  Mr. Wisniewski, Mr. Sauer, Mrs. Hammond, Mr. Smith, Mr. Fix, and Mr. Sabatino voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 8:00 P.M., March 3, 2009. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

_______________________________

Mitch O’Brien, Mayor