PICKERINGTON CITY COUNCIL

TUESDAY, MARCH 17, 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 17, 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, Asim Haque, Devin Reany, Harry Myer, Rachel Schofeld, Nate Ellis, Doug Brown, Kelly O’Brien, John Eisel, and others. 

 

2.         APPROVAL OF MINUTES OF MARCH 3, 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, Mr. Fix, and Mrs. Sanders voting “Yea.”  Motion passed, 7-0. 

 

3.         COMMUNITY COMMENTS.

 

A.        Mr. Doug Brown, Pickerington.  Mr. Brown stated last night about a dozen Pickerington residents met to discuss the red light camera legislation being considered by Council and that is currently on the Table.  He stated this group is opposed to this legislation and he was present this evening to raise this opposition to Council as a whole.  Mr. Brown stated he would like to thank Mayor O’Brien, and Councilmen Wisniewski and Fix for attending the meeting to answer questions anyone might have and they are to be commended for making themselves available to their constituents on issues such as this.  Mr. Brown stated he did not intend to question the motives of any city official who was in support of this legislation as he has no reason to believe that anyone has anything other than the best of intentions.  Mr. Brown stated there are many philosophical reasons for opposing red light cameras such as the inability of a defendant to cross-examine a witness against him, a shifting of the burden of proof from the prosecution to the defendant, and the contention that it is unfair to be notified of a violation days or weeks after it occurred.  Mr. Brown continued that his main objection to red light cameras is they do not produce as advertised, they do not reduce accidents.  Mr. Brown stated several studies show there has been no demonstrable benefit from the red light program in terms of safety.  He stated if red light cameras do not enhance safety then the only justification for their use could be the increased revenue.  Mr. Brown further stated he did not feel anyone should assume that putting up cameras would result in enhanced revenue because the Ohio Revised Code requires that the yellow traffic light sequence be increased by one second at any intersection where red light cameras are installed.  He stated in January a similar law went into effect in Georgia and the resulting reduction in red light camera violations was so drastic that five Atlanta suburbs are now doing away with their red light camera program.  Mr. Brown stated perhaps Pickerington should consider immediately lengthening its yellow light sequence at the intersections where there is a high incidence of red light violations as this might enhance traffic safety for Pickerington residents and visitors.  Mr. Brown stated his group would be watching the action on this legislation and if Council moves forward with enacting this legislation his group will make preparations for circulating referendum petitions or if it is enacted they will circulate petitions to place the issue on the ballot, and he did not feel they would have much difficulty obtaining the required number of signatures.  Mr. Brown stated red light cameras do not increase safety and are nothing but a solution looking for a problem.  Mr. Brown stated he urged Council to withdraw the proposed ordinance and to abandon the idea of red light cameras in the City of Pickerington. 

 

4.         COUNCIL COMMUNICATIONS.  Mr. Sauer stated with regard to the consent agenda item, he would like to know if we have received any communications from the residents that live near the location of the proposed dog park.  Mr. Wisniewski stated he had spoken to the resident directly south of the area and they seemed very unaffected by it.  He stated he was told most people in that area had dogs and there is barking anyway.  Mr. Sauer stated that was the same as what he has heard as well.   

 

5.         APPROVAL OF CONSENT AGENDA.  Mayor O’Brien stated there was one consent agenda item this evening, Resolution 2009-05R, A Resolution of support for Violet Township’s NatureWorks grant application for funding a proposed dog park.”  Mr. Sabatino moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Fix, Mr. Sauer, Mrs. Sanders, Mr. Smith, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0.   

 

6.         APPROVAL OF AGENDA.  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. 

 

7.         REPORTS:   

 

A.        MAYOR.  Mayor O’Brien presented two letters of commendation from the Pickerington Local School District to both Chief John Eisel of the Violet Township Fire Department, and Chief Michael Taylor of the Pickerington Police Department for the outstanding services provided during the recent incidents at Pickerington Central High School.     Mayor O’Brien stated he would turn now to Chief Taylor who has asked for the opportunity to make a few remarks.  

 

            Chief Michael Taylor stated he would like to begin by saying that he feels his job is to provide the best safety possible for the citizens of the City.  He stated when he first considered the red light cameras he was looking at the safety feature for the City and he did not consider the monetary issue.  He continued that as time progressed he thought some people might not like this program but they would come around.  Chief Taylor stated the division the possibility of this program has caused in the public and on Council, was not what he wanted.  Chief Taylor continued he does listen to the citizens and Council and while he does believe the red light camera is a good program, he does not know if we are at the point where we need to implement it in the City of Pickerington.  Chief Taylor stated with the ACS light system being implemented we should probably give that a chance to see if it will work, and with that in mind, he would like to have whatever measures taken that are necessary to have this legislation dropped from the agenda as he no longer wishes to support the red light camera program. 

 

B.         LAW DIRECTOR.  Mr. Haque stated he was filling in for Mr. Hartmann this evening and he had nothing to report but would answer any questions anyone might have.  

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she had three pieces of legislation on tonight’s agenda.  Mrs. Fersch stated with regard to the appropriation ordinance, Finance Committee had recommended the appropriation of $700 for the platinum membership in the Chamber of Commerce, however, she has learned that the cost for this membership is $1,200 and if Council wishes to proceed she will need to have the ordinance amended to increase that $700 to $1,200.  She stated she would answer any questions anyone might have on the other two pieces of legislation dealing with accepting the donation for the police motorcycle and authorizing an additional bank she can use for interim deposits.  Mrs. Fersch stated when we do the legislation for deposits of interim funds at the end of this year; we can state just federal or state chartered banks within the City limits. 

 

D.        SERVICE MANAGER.  Mr. Drobina stated he had no items on tonight’s agenda, however, he would like everyone to know the contractor on the Diley Road project is back on site and they will begin installing noise walls next week, and begin work on the pavement the first week in April.  Mr. Wisniewski clarified the completion date for the Diley Road project is October 2009. 

 

E.         CITY MANAGER.  Mr. Hansley stated he had provided a written report and he would answer any questions.  Mr. Hansley stated he would like to clarify that the Council Work Sessions for charter review are scheduled for April 21st and May 5th.  He stated further he had intended to ask council for three readings on the mowing contract at the last meeting and he had neglected to do that.  He stated he would ask council to give consideration to waiving the third reading and/or approving with emergency language.  He stated it would depend on the weather over the next few weeks to determine if that would be critical because if we do nothing it would be mid-April before we can start our first mowing.  Mr. Hansley further stated he had received five responses on the Request for Proposal on the citizen survey and unless otherwise directed he would make a recommendation at the next Finance Committee as to the preferred vendor on that issue, and he received four responses on the Request for Proposal on the gas aggregation program and staff can make a recommendation of one or two or send all of those to the Service Committee.  Mr. Wisniewski stated as Chairman of Service he would prefer to have a staff recommendation on the gas aggregation program and Mr. Fix stated with regard to the citizen survey he would request that for Finance Committee as well.  Mr. Hansley stated he will provide a staff recommendation as well as copies of the responses. 

 

F.         FINANCE COMMITTEE.  Mr. Fix stated Finance met on March 4th and they continue to deal with the issue of Fairfield versus Franklin County Board of Health.  He stated it was hoped there would be a resolution of this issue at the next Finance meeting on April 8th.  He stated Finance had also agreed to upgrade the City’s membership to platinum status with the Chamber of Commerce. 

 

G.        RULES COMMITTEE.  Mr. Smith stated Rules had also met on March 4th, and they had discussed the council work sessions Mr. Hansley had referred to.  Mr. Smith stated the other item from Rules Committee that is on tonight’s agenda redefines what a quorum is for the Parks and Recreation Board as they have had a hard time meeting their quorum with the addition of the Council Representative from Safety Committee as a member of the Board.  Mr. Smith stated he plans to make a motion later in the meeting, but Rules Committee had discussed a memo received from our law director dealing with the procedure used in reading ordinances.  He stated he plans to make a motion for Council to adopt this procedure into Council’s rules commencing with the second regular meeting in April. 

 

8.         PROCEDURAL READINGS:

 

            A.        ORDINANCE 2009-12, “AN ORDINANCE AMENDING THE 2009 APPROPRIATION, ORDINANCE 2008-92,” First Reading, Finance Committee.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Mr. Fix moved to amend the ordinance to increase the appropriation under General Fund (101), Miscellaneous General Government, Contractual Services, to $1,200; Mr. Sabatino seconded the motion.  Roll call was taken with Mr. Sauer and Mr. Wisniewski voting “Nay,” and Mrs. Sanders, Mrs. Hammond, Mr. Smith, Mr. Fix, and Mr. Sabatino voting “Yea.”  Motion to amend passed, 5-2.  Roll call was taken on the ordinance as amended with Mr. Sauer voting “Nay,” and Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders voting “Yea.”  Motion passed, 6-1.  Mr. Fix moved to suspend the rules for the purpose of three readings; Mrs. Hammond seconded the motion.  Roll call was taken with Mr. Sauer voting “Nay,” and Mrs. Sanders, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-1.  Second Reading.  Mr. Fix moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Sauer voting “Nay,” and Mr. Wisniewski, Mrs. Hammond, Mr. Smith, Mr. Fix, Mr. Sabatino, and Mrs. Sanders voting “Yea.”  Motion passed, 6-1.  Third Reading.  Mr. Fix moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Sauer voting “Nay,” and Mrs. Sanders, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 6-1. 

 

            B.         ORDINANCE 2009-13, “AN ORDINANCE TO ACCEPT A DONATION FROM HONDA EAST TO BE PUT TOWARD THE PURCHASE OF A NEW POLICE MOTORCYCLE,” First Reading, Finance Committee.  Mr. Fix moved to adopt; Mrs. Sanders 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.  Mr. Fix moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Hammond, Mr. Sauer, Mr. Fix, Mr. Smith, Mr. Sabatino, and Mrs. Sanders voting “Yea.”  Suspension of Rules passed, 7-0.  Second Reading.  Mr. Fix moved to adopt; Mrs. Hammond 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.  Mr. Fix moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Fix stated he would like to thank Honda East as they have been a great partner with the City for a long time.  Roll call was taken Mr. Smith, Mr. Sabatino, Mrs. Hammond, Mrs. Sanders, Mr. Wisniewski, Mr. Sauer, and Mr. Fix voting “Yea.”  Motion passed, 7-0. 

 

            C.        ORDINANCE 2009-14, “AN ORDINANCE AMENDING CITY CODIFIED ORDINANCE 274.01(a) ENTITLED, “PARKS AND RECREATION BOARD: CREATION AND POWERS,” First Reading, Rules Committee.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated he had reported on this earlier, but he would like to add that Rules Committee heard from the Chairman of the Parks and Recreation Board and he strongly supports this as well.  Roll call was taken with Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Sauer, and Mr. Fix voting “Yea.”  Motion passed, 7-0. 

 

            *D.      RESOLUTION 2009-05R, “A RESOLUTION OF SUPPORT FOR VIOLET TOWNSHIP’S NATUREWORKS GRANT APPLICATION FOR FUNDING A PROPOSED DOG PARK,” First Reading, Safety Committee.  Mr. Sabatino moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Fix, Mr. Sauer, Mrs. Sanders, Mr. Smith, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0.    (CONSENT AGENDA ITEM)

 

            E.         RESOLUTION 2009-06R, “A RESOLUTION TO AMEND RESOLUTION 2004-28R DESIGNATING FINANCIAL INSTITUTIONS AS PUBLIC DEPOSITORIES TO ADD CHARTER ONE AS A PUBLIC DEPOSITORY FOR INTERIM DEPOSITS,” First Reading, Finance Committee.  Mr. Fix moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Sabatino stated he does not intend to support this tonight for the reasons he stated in Finance Committee; he feels when we do business with the brick and mortar establishments in the City that pay taxes to us it shows a level of support, and he felt we had enough diversity of those that we did not need to go beyond that.  Mr. Smith stated he would support this, but he agrees with Mr. Sabatino and he would definitely support limiting our banks to those that have a physical presence in the City.  Mr. Sauer stated he respected Mr. Sabatino and Mr. Smith’s opinions, and in many ways agreed, however, he also felt we should be able to shop for the best interest rates and the best banks possible when depositing public monies to get the best return possible.  Roll call was taken with Mr. Wisniewski abstaining, Mr. Sabatino voting “Nay,” and Mrs. Hammond, Mr. Fix, Mr. Smith, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 5-1. 

 

            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)  Mr. Sabatino moved to remove from the Table; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith, Mr. Sauer, Mrs. Sanders, Mr. Fix, Mrs. Hammond, Mr. Wisniewski, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0.  Mr. Sabatino moved to adopt; Mr. Fix seconded the motion.  Mr. Fix stated out of respect for Chief Taylor he would vote against this ordinance this evening.  He stated he did believe there was sufficient evidence to show that red light cameras do improve safety, however, he did not know to what extent.  Mr. Sauer stated he has consistently supported this issue and he feels it does reduce red light running, and while he respects Chief Taylor’s position on this he will continue to support this program.  Mr. Sabatino stated he started out thinking this might be a good program because he has personally observed people running red lights and although he will vote against it this evening, until we have more officers on the street people will continue to do that.  He stated based on the crash data that Mr. Wisniewski had requested, it appeared this program would not be worth the aggravation it would create.  Mr. Smith stated two pieces of information have come out that are compelling to him and that is to give our ACS light system a chance to be synchronized, take effect, and then be evaluated.  He stated he respects the opinion of our Police Chief and as he has asked that it not be approved, he would vote against this tonight.  Mrs. Sanders stated she appreciated the fact that so many people have become involved on this issue.  She stated she has supported this from the beginning purely from the safety standpoint and she would continue to support it down the road when we may be more ready for it.  Mrs. Sanders stated since the Chief is saying this might not be the right time, she will support him and vote against this.  Mr. Wisniewski stated he has not supported this from the beginning and he will not support it this evening.  He stated if we find we are having issues with high crash data, then he felt red light cameras would be a final step.  He stated he felt there were other mechanisms that could be addressed before we got to that step.  Mrs. Hammond stated she has also been against this program from the beginning, but she knows people do run red lights.  She stated she would like to ask our citizens to try and proceed with more caution on the roads because we do have more and more people using the bike paths and cross walks, and if they use caution perhaps we will not have to turn to red light cameras in the future.  Mayor O’Brien stated we have invested a lot of money in the ACS system and he is glad we will be giving it a chance to work.  Roll call was taken with Mr. Smith, Mr. Fix, Mr. Sabatino, Mr. Wisniewski, Mrs. Hammond, and Mrs. Sanders voting “Nay,” and Mr. Sauer voting “Yea.”  Motion failed, 6-1. 

 

            H.        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,” Second Reading, Safety Committee.  Mr. Sabatino moved to adopt; Mrs. Sanders seconded the motion.  Mr. Sabatino stated he felt it would be beneficial, as Mr. Hansley had suggested, to declare the emergency on this legislation so we can be prepared to deal with the weeds.  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.  Mr. Sabatino moved to suspend the rules for the purpose of a third reading; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sauer, Mr. Wisniewski, Mrs. Hammond, Mr. Smith, Mr. Fix, Mr. Sabatino, and Mrs. Sanders voting “Yea.”  Suspension of Rules passed, 7-0.  Third Reading.  Mr. Sabatino moved to adopt and to declare the emergency; Mr. Sauer seconded the motion.  Mr. Smith requested the emergency language be read into the record and Mrs. Yartin stated the precise threat to the public peace, health, safety or welfare of the citizens of Pickerington requiring the passage of an emergency ordinance is that the growing season is approaching and mowing should being as soon as possible and the consequence to the public peace, health, safety or welfare of the citizens of Pickerington if the ordinance was enacted as non-emergency legislation rather than by emergency is that the growth of weeds and noxious plants would not be controlled on city-owned or controlled properties in a timely manner.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Sanders, Mr. Wisniewski, Mr. Fix, Mrs. Hammond, Mr. Sauer, and Mr. Sabatino voting “Yea.”  Motion passed, with emergency, 6-1.  

 

            I.          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,” Second Reading, Safety Committee.  Mr. Sabatino moved to adopt; Mr. Sauer 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. 

 

            J.          ORDINANCE 2008-09, “AN ORDINANCE APPROVING THE ADOPTION OF THE DILEY ROAD CORRIDOR STUDY AND PLAN,” Second Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mrs. Hammond seconded the motion.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Sanders, Mr. Sauer, Mr. Sabatino, Mr. Smith, and Mrs. Hammond voting “Yea.”  Motion passed, 7-0. 

 

            K.        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,” Second Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mr. Sauer seconded the motion.  Mr. Wisniewski stated this was a two-year contract to provide for salt for water treatment.  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. 

 

9.         LEGISLATIVE READINGS:

 

            A.        ORDINANCE 2009-06, “AN ORDINANCE AMENDING CHAPTER 250, ETHICS, OF THE PICKERINGTON CODIFIED ORDINANCES,” Third Reading, Rules Committee.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Sabatino stated he would like to comment that he would not support this legislation.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Fix, Mr. Sauer, Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, and Mr. Smith voting “Yea.”  Motion passed, 6-1.

 

10.       DISCUSSION.  There was no discussion.

 

11.       REFERRAL TO COMMITTEE.  Mr. Fix stated Finance Committee would like to look at the proposed fee schedule for events in the City.  He stated he knew staff had been working on putting together a structured program for events being put on in the community and Council has not had a chance to review it as yet.  Mayor O’Brien stated he would refer the Event Fee Schedule to Finance Committee for review.  

 

12.       OTHER BUSINESS.  Mr. Sauer stated he has been doing a little research with regard to some areas where we might be able to save enough to find a way to fund the Fourth of July.  He stated he would like to see if there is any agreement or concurrence with this and he would like to have discussion to see if this is something that we might be able to revisit and if there was any possibility to go forward with it, if staff would be able to find someone to contract with us to put that display on.  He stated he was hopeful we would be able to receive matching funds from the Township and if that still stands and we can come up with the $12,000 that we will be able to put on the Fourth of July.  He stated he was not sure if this discussion would be appropriate in Finance or Safety or whatever.  Mayor O’Brien stated he felt it would be appropriate to be discussed in Finance, however, if it went to Finance in April, then the first Council meeting in mid-April, two meetings in May, and then 30 days, it would about June 22nd before a contract could be signed and he wondered if we would be able to get a contractor in three weeks.  Mr. Sauer stated that is the concern and if there is a consensus then we may do something on a special basis.  Mrs. Sanders stated she had talked to the Parks Director about this and he had indicated that we would need to notify a vendor by early March at the very latest in order to get a contract.  Mayor O’Brien stated he had done some checking and it seemed the latest anyone had ever tried to book a good firm was around March 1st.  Mr. Hansley stated the problem is that everyone celebrates the Fourth on the fourth, it isn’t like you can pick another date.  Mr. Fix stated he felt Mr. Sauer had done a good deal of work on this in trying to put the money together and while he didn’t think realistically we could put a fireworks display together at this late date, he felt it was worthy of discussion.  Mr. Fix stated if this could be added to the Finance agenda for April he would appreciate it.  Mr. Wisniewski stated he felt the decision has been made; it should just be let go.  He stated we keep bringing up things from the past and we should just let it go and not continue to revisit things that have been decided.  Mr. Sabatino stated perhaps we could have a discussion on dedicating a small portion of our bed tax for community events and maybe implement that next year.  He stated he felt the reality was it would be tough to pull something off for the Fourth of July this year.  Mr. Smith stated his concern was also that this would be a holiday event that would require staff to work different hours and do things that they do not have in their current work plan.  He stated even though Fourth of July seems so far away right now, legislatively it really is not.  Mr. Wisniewski stated he would just like everyone to think about what message we are sending, not just on this, but on red light cameras, RITA, etc.  He stated we need to make up our minds about what we are doing and stick to it.  He stated we need consistency on Council, not just keep going back and forth about things because he felt it sends a bad message to the public.  Mr. Fix stated while he agreed with Mr. Wisniewski, he felt we owe respect to each other and a discussion can be held in committee about an idea that anyone has.  Mayor O’Brien stated he would refer this issue to Finance Committee for discussion and requested the Clerk add it to the next Finance agenda. 

 

13.       MOTIONS: 

 

            A.        Mr. Smith moved to adopt the law director’s memo dated March 4, 2009, regarding Readings of Ordinances, to become part of Council Rules beginning with the second Council meeting in April; Mr. Wisniewski seconded the motion.  Mr. Hansley clarified this is not an amendment to the Administrative Code but is an interpretation of how the suspension of rules works.  Mr. Hansley stated currently when we suspend the rules it is suspending the reading on three consecutive days, and Mr. Hartmann interprets that there are two parts to it, first that it must be read three times on three consecutive days, and if this motion passes it would be when the rules are suspended it would suspend the need to actually read it and it does not have to be on three consecutive days.  Just one rule covers both of those things.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Sanders, Mr. Fix, Mr. Sauer, Mr. Smith, Mr. Wisniewski, and Mrs. Hammond voting “Yea.”  Motion passed, 6-1. 

 

            B.         Mr. Sabatino moved to direct the City Manager to facilitate a presentation at the April Finance Committee meeting of any proposed changes for the Income Tax Department; Mr. Sauer 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.  

 

12.       ADJOURNMENT.  There being nothing further, Mr. Fix moved to adjourn; Mr. Smith seconded the motion.  Mrs. Sanders, Mr. Fix, Mr. Smith, Mr. Sauer, Mrs. Hammond, Mr. Sabatino, and Mr. Wisniewski voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 8:45 P.M., March 17, 2009. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

_______________________________

Mitch O’Brien, Mayor