PICKERINGTON CITY COUNCIL
TUESDAY, APRIL 21, 2009
CITY HALL, 100 LOCKVILLE ROAD
REGULAR MEETING
7:30 P.M.
1. ROLL
CALL, INVOCATION, AND PLEDGE OF ALLEGIANCE. Council for the City of
Pickerington met for a regular session Tuesday, April 21, 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. Smith,
Mrs. Hammond, Mr. Wisniewski, Mr. Sabatino, Mrs. Sanders, and Mayor O’Brien
were present. Mr. Sauer was absent. Others present were: Tim Hansley, Lynda
Yartin, Linda Fersch, Chief Mike Taylor, Ed Drobina, Phil Hartmann, Devin
Reany, Rachel Scofield, Nate Ellis, Pastor Dinnel, Carol Carter, Steve Malone,
and others. Pastor Dinnel delivered the invocation.
2. APPROVAL OF
MINUTES OF APRIL 7, 2009, REGULAR MEETING.
Mr. Fix moved to approve; Mrs. Hammond seconded the motion. Roll call was taken with Mr. Sabatino, Mrs.
Hammond, Mr. Wisniewski, Mr. Smith, Mr. Fix, and Mrs. Sanders voting
“Yea.” Motion passed, 6-0.
3. COMMUNITY
COMMENTS.
A. Carol
Carter, Pickerington. Ms Carter stated
she had attended the Special Finance Committee meeting earlier this
evening. Ms Carter stated she had walked
the streets earlier this year trying to help get an income tax increase passed
that she understood the City needed. She
stated when she heard half of Council say it was okay to spend $12,000 on
fireworks that had already been turned down, her heart sank. She stated she loves her City and she loves
to help and do everything she can in her spare time to help the City. She stated she is patriotic and served six
years in the service, but to just burn $12,000 during this time when that money
could go for better things. She stated
this was just one year, and she would see what next year brought. Ms Carter stated this is so wrong, and sends
such a bad message, and it makes her ashamed to have helped try to get the levy
passed when Council can just blow $12,000.
4. COUNCIL
COMMUNICATIONS. Mrs. Hammond stated she
would like to take this opportunity to thank everyone that turned out Saturday
afternoon in the arboretum to do some clean up of the flower beds and the area
before Arbor Day. She stated she would
like to thank Carol Carter, Mike McKenna, Diana Fuller, and Ed Drobina.
5. APPROVAL OF CONSENT
AGENDA. Mayor O’Brien stated there were
no consent agenda items.
6. APPROVAL OF
AGENDA. Mr. Fix moved to approve; Mr.
Smith seconded the motion. Roll call
was taken with Mr. Wisniewski, Mrs. Hammond, Mr. Smith, Mr. Fix, Mrs. Sanders,
and Mr. Sabatino voting “Yea.” Motion
passed, 6-0.
7. REPORTS:
A. MAYOR. Mayor O’Brien stated he would bring
everyone’s attention to the procedural changes regarding waiving three readings
that we will begin tonight. He stated an
updated memorandum regarding Executive Sessions had been distributed to all
Council members as well. Mayor O’Brien
presented a proclamation for Arbor Day to Mr. Steve Malone of the City’s Tree
Commission.
B. LAW
DIRECTOR. Mr. Hartmann stated he had no
report this evening.
C. FINANCE
DIRECTOR. Mrs. Fersch stated she would
request three readings on the appropriation ordinance this evening.
D. SERVICE
MANAGER. Mr. Drobina stated the storm
sewer project for the old downtown area is out for bid. He further stated the City would be hosting a
meeting tomorrow for MORPC to discuss stimulus funds for resurfacing certain
roads and the City may be eligible for approximately $147,000 for certain
roads.
E. CITY
MANAGER. Mr. Hansley stated he had
provided a written report and he would answer any questions.
F. FINANCE
COMMITTEE. Mr. Fix stated he was unable
to attend the last Finance Committee meeting and Vice Chairman Wisniewski would
speak to those later on the agenda. He
stated earlier this evening Finance held a Special meeting to discuss three
controversial topics and he looked forward to having more conversation on those
topics in coming Council meetings.
8. PROCEDURAL READINGS:
A. ORDINANCE 2009-16, “AN ORDINANCE AMENDING THE 2009 APPROPRIATION, ORDINANCE 2008-92,” First Reading, Finance Committee. Mr. Fix moved to waive the requirement in Charter Section 2.06 that the ordinance be read on three separate meeting days; Mr. Smith seconded the motion. Roll call was taken with Mrs. Sanders, Mrs. Hammond, Mr. Smith, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.” Motion passed, 6-0. 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, and Mrs. Sanders voting “Yea.” Motion passed, 6-0. Mr. Fix clarified under the new procedure, this ordinance had passed by waiving the three reading rule.
B. ORDINANCE 2009-17, “AN ORDINANCE TO ACCEPT DONATIONS FROM C3 CHURCH TO BE USED FOR INSTALLATION OF SIDEWALKS AND THE COMMUNITY GARDEN PROJECT,” First Reading, Finance Committee. Mrs. Hammond moved to adopt; Mr. Smith seconded the motion. Roll call was taken with Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, and Mr. Smith voting “Yea.” Motion passed, 6-0.
C. ORDINANCE 2009-18, “AN ORDINANCE TO AMEND ORDINANCE 2008-84, THE EMPLOYEE PAY PLAN AND AUTHORIZED STRENGTH FOR 2009,” First Reading, Finance Committee. Mr. Fix moved to adopt; Mr. Smith seconded the motion. Roll call was taken with Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, Mr. Sabatino, Mr. Smith, and Mr. Fix voting “Yea.” Motion passed, 6-0.
D. ORDINANCE 2009-19, “AN ORDINANCE APPROVING AND AUTHORIZING THE ACCEPTANCE OF AN ENGAGEMENT LETTER FROM BENESCH, FRIEDLANDER, COPLAN & ARONOFF, LLP,” 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, and Mrs. Sanders voting “Yea.” Motion passed, 6-0.
E. ORDINANCE 2009-20, “AN ORDINANCE ADOPTING THE CITY OF PICKERINGTON SERVICE DEPARTMENT IDENTITY THEFT IDENTIFICATION PROGRAM,” First Reading, Finance Committee. Mr. Fix stated he understood that Finance Committee had asked to have this ordinance include all departments in the City, specifically the Tax Department. Mr. Hartmann stated he had researched this and the Tax Department does not fall under the definitions currently in the Red Flag ordinance. He stated a separate policy could be passed for the Tax Department if Council desired, but he did not want to include it in this ordinance as it could create possible liability because there are strict liability sections under Federal law. Mr. Fix moved to adopt; Mr. Smith seconded the motion. Roll call was taken with Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Wisniewski, 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 2009-15, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE THROUGH THE OFFICE OF COMMUNITY POLICING SERVICES (“COPS”) FOR TWO ADDITIONAL POLICE OFFICERS,” Second Reading, Safety Committee. Mr. Smith stated he was initially an avid supporter of this, however, after listening to the City Manager about how this obligates us past the grant period for these particular officers concerns him. Mr. Hansley stated the grant specifically states the officers must be kept at least for one year after the initial three-year period. Mr. Fix stated then in the fourth year the City would have to fund them no matter what. Mr. Wisniewski stated the grant does not cover step increases, and Mr. Hansley stated during the first three year period they are not fully funded but are funded to a cap and accessory issues, overtime issues, etc., are not fully funded even in the first three years, including pay raises. Mr. Fix inquired if we had an estimate of what this would cost us during those first years and Mr. Hansley stated Mrs. Fersch could get that information. Mrs. Hammond stated further that should it become necessary, and she hoped it did not, but should we have to lay someone off the FOP contract says you lay off the last hired, but with this grant we could not lay them off. She stated then we weren’t sure about the process for that. Mr. Fix stated that were true if we did not hire any additional officers in the next three years. Mr. Fix questioned if this should be tabled this evening so they could get more information and Mayor O’Brien stated the third reading is in two weeks and they should have all the information they wanted by then. Mr. Sabatino moved to adopt; Mrs. Sanders seconded the motion. Roll call was taken with Mrs. Sanders, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Sabatino voting “Yea.” Motion passed, 6-0.
9. LEGISLATIVE READINGS:
A ORDINANCE 2009-14, “AN ORDINANCE AMENDING CITY CODIFIED ORDINANCE 274.01(a) ENTITLED, “PARKS AND RECREATION BOARD: CREATION AND POWERS,” Third Reading, Rules Committee. Mr. Smith moved to adopt; Mr. Fix seconded the motion. Roll call was taken with Mr. Smith, Mr. Wisniewski, Mr. Sabatino, Mrs. Hammond, Mrs. Sanders, and Mr. Fix voting “Yea.” Motion passed, 6-0.
10. DISCUSSION. There was no discussion.
11. REFERRAL TO COMMITTEE. Mr. Fix stated the ordinance dealing with
using only City of Pickerington banks failed with a 2-2 vote at the last
Council meeting. He stated he was wondering
how or if it would be appropriate to reintroduce that legislation because he
felt the vote taken that night was not necessarily reflective of the entire
body of Council. Mr. Sabatino stated Mr.
Fix was the one who lobbied on what constituted a quorum and what constituted a
majority and because two people weren’t present to vote how they wanted to it
should not be brought up again so they would have a more convenient opportunity
to vote on it. Mr. Sabatino stated that
would be circumventing the procedures.
Mr. Fix stated his question was if it were appropriate and how would it
be appropriate to bring that legislation back.
Mr. Hartmann stated under the Charter any council member has a right to
bring any legislation forward, even though it was voted down, if someone wanted
to bring it forward it would then be referred to Committee by the Mayor and it
would go back through the regular process again. Mr. Fix stated he would request the Mayor
refer that legislation back to Finance Committee and Mayor O’Brien inquired if
there were any substantive changes over what had already been rejected and Mr.
Fix stated there were not. Mrs. Sanders
stated she was not present and did not vote on this legislation, but she knew
that would happen with her absence. Mrs.
Hammond stated while she would have liked to seen the results be different than
they were, she felt this would leave Council open to every time something
failed to have it brought back. Mr.
Wisniewski stated he was against reintroducing something that failed on Council
floor just because there weren’t enough votes there to pass it. He stated there has been a history of
shopping votes and he was totally against that and if something failed, it
failed. Mr. Sabatino stated if this item
were allowed to be reintroduced it would be setting a precedent that doesn’t
truly reflect how the government is supposed to function. Mr. Smith stated he agreed that any council
member can introduce any legislation, and he felt if something were
reintroduced there should be a substantive reason for reintroduction, not just
the fact that it failed. Mr. Hansley
stated if legislation is introduced, the only decision the Mayor can make is
which committee to refer it to; he cannot refuse to send it to committee. Mayor O’Brien ascertained there was no
further discussion on this issue. Mr.
Fix moved to send the resolution adding Charter One as a public depository for
interim deposits back to Finance Committee.
Motion died for lack of a second.
12. OTHER BUSINESS. No other business was brought forward.
13. MOTIONS: There were no motions.
14. ADJOURNMENT. There
being nothing further, Mr. Wisniewski moved to adjourn; Mr. Smith seconded the
motion. Mrs. Sanders, Mr. Fix, Mr. Smith, Mr.
Wisniewski, Mr. Sabatino, and Mrs. Hammond voted “Aye.” Motion carried, 6-0. The meeting adjourned at 8:10 P.M., April 21,
2009.
RESPECTFULLY SUBMITTED:
_______________________________
Lynda D. Yartin, Municipal Clerk
ATTEST:
_______________________________
Mitch O’Brien, Mayor