PICKERINGTON CITY COUNCIL
TUESDAY, MAY 5, 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, May 5, 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, Ed Drobina, Phil Hartmann, Commander Steve
Annetts, Brenda VanCleave, Rachel Scofield, Carol Carter, Peggy Portier, Gary
Weltlich, Deanna Storch, Sally Mosca, Antonio Mosca, and others.
2. A. APPROVAL OF MINUTES OF APRIL 21, 2009,
REGULAR MEETING. Mr. Sabatino moved
to approve; Mr. Fix seconded the motion. Roll call was taken with Mr. Sauer and Mrs.
Sanders abstaining, and Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith,
and Mr. Fix voting “Yea.” Motion
passed, 5-0.
B. APPROVAL
OF MINUTES OF APRIL 28, 2009, SPECIAL MEETING.
Mr. Sauer moved to approve; Mr. Fix 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.
3. COMMUNITY
COMMENTS.
A. Peggy
Portier. Ms Portier stated she was
present this evening as a representative of the Mingo Estates Civic
Association. Ms Portier stated residents
have contacted the Civic Association regarding the noise from Doolin’s Pub that
is directly across the street from Mingo Estates in the DrugMart shopping
center and she presented a petition on this issue to Council containing 48
signatures. Ms Portier stated she
understood that Mingo Estates is located in Violet Township, however this has
been a problem for over a year. She
continued there is loud music coming from the bar and motorcycles in the
parking lot going around in circles and revving their engines. She stated Mrs. Mosca lives directly across
the street and her house has a semi-circular driveway and they actually drive
up in her driveway. She stated the
residents have been complaining since last year; they have gone to the bar and
they have come to the City asking for some resolution and nothing has been
resolved. She stated their goal was not
to close the business; they just want them to be neighborly and keep the noise
down. Ms Portier stated they would like
to have the City enforce the noise ordinance that is already on the books. Ms Portier stated the Civic Association will
hold their annual meeting May 13th at 7:00 P.M. at Beef O’Brady’s,
and she knew there would be residents there to speak about this issue. Ms Portier stated they would appreciate
anything that Council could do to help them with this problem. Mr. Fix clarified that the noise is from both
inside the bar, because they prop the door open and they have a band, and also
from outside on the patio. Mr. Sabatino
ascertained that when the noise is occurring the residents have started calling
the police department to complain so they can respond to it.
B. Mrs.
Sally Mosca. Mrs. Mosca stated she does
live directly across the street from the shopping center. Mrs. Mosca stated there have been times when
Doolin’s Pub has bands playing so loud that even with her doors and windows
closed she could hear it word for word.
Mrs. Mosca stated they go from 10:30 P.M. to 2:30 A.M. and they are now
also playing corn hole over there and it sounds like a gunshot going off. Mrs. Mosca stated it is awful and she walks
the floors until they are all gone. Mrs.
Mosca stated the motorcycles rev they engines and the cars have started doing
that now as well so there is no peace and quiet for any of the people that live
in Mingo, especially on the weekends.
She stated she was asking for help because she cannot take it
anymore. Mrs. Mosca stated she has tried
to talk to the business owner and he will not talk to anyone. She stated they have also come to City Hall
and talked to the City Manager who said he would send a letter. Mrs. Mosca stated this is just getting
worse.
4. COUNCIL
COMMUNICATIONS. There were no
comments.
5. APPROVAL OF
CONSENT AGENDA. Mayor O’Brien stated
there were no consent agenda items.
6. APPROVAL OF AGENDA. Mr. Sabatino moved to approve; Mr. Fix
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.
7. REPORTS:
A. MAYOR. Mayor O’Brien stated the Arbor Day
celebration was very well attended, and he had also attended the Big Brothers
and Big Sisters event. Mayor O’Brien
stated the Monthly Mayors Court Report had been distributed.
B. LAW
DIRECTOR. Mr. Hartmann stated the
effective date for the federal mandate for the adoption of the Identity Theft
program has been pushed back from May 1st to August 1st. Mr. Hartmann stated he felt it would be
appropriate to go forward with adopting this program and should anything change
the program can be amended at that time.
C. FINANCE
DIRECTOR. Mrs. Fersch stated our annual
audit is in progress and the CAFR audit will be due in June.
D. SERVICE
MANAGER. Mr. Drobina stated through the
federal stimulus package he submitted for $850,000 for a Sycamore Creek sewer
project and he received notification that we are eligible to receive $425,000
and we would have to borrow the additional $425,000 if we want to proceed with
that project. Mr. Fix stated he would
suggest this be discussed at Finance Committee tomorrow evening. Mr. Drobina further stated he received
notification that District 17 of the Ohio Public Works Commission is announcing
the availability of approximately $3.9 million for local transportation
improvement funds. He stated this money
can only be used for roads or bridges and the deadline for the application is
June 5th. Mr. Drobina stated
at the next Council meeting he would have legislation to authorize the City
Manager to apply for these grant monies.
Mr. Smith inquired if these funds could be used for a paving project,
and Mr. Drobina stated we could apply for a paving project, but he was thinking
about the Hill Road culvert replacement since the plans were almost complete
and we planned on doing that project this year anyway. Mr. Hansley stated we were awarded $147,000
from MORPC for paving. Mr. Drobina
stated Ordinance 2009-23 is on tonight’s agenda to amend an agreement with
Fairfield County for the emergency water line connection. Mr. Drobina stated the agreement was
originally signed in 2006 and the City was going to build the project, but for
one reason or another it was not done.
He stated the County has built the project and they are asking us to pay
for 50 percent of the cost of the meter pit, which is $23,339.98. Mr. Sabatino clarified the project has been
completed. Mr. Drobina stated Ordinance
2009-25 in also on the agenda and authorizes the City Manager to enter into a
contract with Beheler Excavating for the stormwater outfall and replacement of
the water line in the old downtown area.
Mr. Drobina stated he would ask for three readings on this ordinance
tonight as it is a part of the OPWC stimulus package and they would like to
have the project begin construction as soon as possible.
E. CITY
MANAGER. Mr. Hansley stated he had
provided a written report and he would answer any questions. Mr. Hansley stated Ordinance 2009-15 deals
with the COPS grant and is on the agenda for a third reading. He stated staff had raised some concern about
that as far as the ability to fund these positions after the three-year
period. He stated he has discovered that
if we needed to declare a fiscal emergency toward the end of the three-year
period they would likely grant an exemption to that requirement. He stated based on this, staff has not
further concern about this ordinance.
Mr. Hansley stated further the contract with Fairfield County Board of
Health is on the agenda for a first reading and he did make Mr. Frank Hirsch
aware that of Council’s concern about having the DAC take action prior to
passage, and Mr. Hirsch is making an attempt to have that done either late this
month or early June. Mr. Hansley further
stated with regard to the ordinance accepting the bike path in the Homestead
Condominium development, there is a grass strip on either side of the path that
we would likely be responsible to maintain, however, we think we can later get
the homeowner’s association to maintain it as they will be mowing in the area
anyway.
F. SPECIAL
FINANCE COMMITTEE. Mr. Fix stated
Finance held a Special Meeting on April 21st, and items 8.A. and
8.B. on tonight’s agenda are the result of that meeting. He stated the regular meeting for May is
scheduled for tomorrow evening.
G. SAFETY
COMMITTEE (Mr. Sabatino) Mr. Sabatino
stated Safety Committee met on April 22nd, and the meeting for May
is scheduled for May 20th. He
stated he would be happy to answer any questions.
H. SERVICE
COMMITTEE (Mr. Wisniewski) Mr.
Wisniewski stated Service committee also met on April 22nd, and Mr.
Drobina had briefed on the items that came out of that meeting. He stated he would be happy to answer any
questions.
8. PROCEDURAL READINGS:
A. ORDINANCE 2009-21, “AN ORDINANCE AMENDING THE 2009 APPROPRIATION, ORDINANCE 2008-92,” First Reading, Finance Committee. Mayor O’Brien asked if there was any discussion on this item. Mr. Wisniewski stated he would like to see these appropriations brought forward on three separate ordinances and Mr. Hartmann stated that could be done by amending the current ordinance to delete two items and then later in the motion section of the meeting the two separate ordinances could be brought forward. Mr. Wisniewski moved to amend by deleting the appropriations under Council and Leisure Activities; Mr. Smith seconded the motion. Mr. Wisniewski stated it seemed there was a definite dissention on various of these and felt certain people would like to vote for certain parts of it and people who would like to vote against other parts of it. Mr. Wisniewski stated he felt if we were going to go forward with the survey, and there was a hope of meeting the November deadline, it needed to be done as soon as possible. He stated he felt three readings could be done on that this evening so we could get the survey started. He stated the remaining two items could then follow the normal course of action. Mr. Sabatino clarified that if the two remaining items were introduced on separate ordinances it would require them being referred back to Committee or Council could waive Committee action, however, that would require six votes to approve. Mr. Sabatino stated all three of these items had a recommendation from Finance Committee to be forwarded to Council, and he questioned if there was a way a first reading could be done on all three items and then split them out. Mr. Wisniewski stated all three readings could be done on the first item if Council desired, and then items two and three would occur under the motion section of Council tonight and a first reading could be done tonight. Mr. Wisniewski stated a Committee waiver would be required prior to the third reading or they could be referred to Finance tomorrow night and have the next reading at the next Council meeting. Mr. Fix stated he did not understand why time would be of the essence on any of these as they are all moving forward. Mr. Wisniewski stated there was only a super majority on the first item. Mr. Fix stated he would suggest leaving it as it is and voting on it. Mr. Sabatino stated if a first reading could be done on the ordinance as it came out of Finance, could they then split out the one item Mr. Wisniewski wanted to expedite. Mr. Hartmann stated it could be voted on once and then have a motion to refer it back to Finance. Mr. Fix stated no-one wanted to refer it back to Finance so why couldn’t they vote on it as it stands tonight, and in the motion section make a motion to move forward the survey that everyone agrees should be expedited, and at the next meeting amend the ordinance to remove the appropriation for the survey. Mr. Hartmann stated if the motion that is on the floor is withdrawn or fails, then you could go forward with the current reading, as is, and then in the motion section motions could be made as to how you wanted to split it up for the next meeting. Mayor O’Brien stated then the second and third reading could not happen on the first portion. Mr. Fix stated there was no emergency in passing this tonight and he felt it should just move forward as it is. Mr. Sabatino inquired if Mr. Hansley felt a need to have the community survey portion of this expedited. Mr. Hansley stated he is trying to get it done in the next few weeks so there will be a product that is usable before November. He stated as he had reported he is moving ahead with that anyway. Mr. Smith stated this money is already appropriated and all this does is amend the appropriation to balance accounts. Mr. Hansley stated that is correct, these contracts are being charged against money previously appropriated and this money will back fill that when it becomes effective. Mr. Wisniewski clarified Mr. Hansley is already going forward with the survey, he was not waiting on this. Mr. Wisniewski withdrew his motion to amend; Mr. Smith withdrew his second.
Mr. Wisniewski stated at the end of 2008, during the budget process, this Council established the priorities for 2009, through the City Budget, which was unanimously passed. The Fourth of July celebration, funding of the Olde Village Association, the Chamber of Commerce, Violet Festival, snowplowing, and other numerous areas and departments felt the impact of the decisions made at that time. He continued that, however, now they found themselves revisiting these decisions because one council member was not willing to let his pet project die. He stated he sincerely resented the insinuation that council was not honest with the public because the money was found in the budget for the Fourth of July celebration simply because one council member decided to cut the budget in other areas to allow for this single event to occur. He continued that a similar argument can be made that council was not honest with the public then about the need to restrict snowplowing or not being able to fund the Violet Festival or donate to the OPVBA. Priorities were set and we simply could not fund everything that we had in the past so to say we can now afford to pay for the Fourth of July celebration is in fact robbing Peter to pay Paul. He continued that just because the budget was reworked and staff training was cut by $12,000 does not mean that we have to spend it if we have a mentality for entertainment. There are far more important things this $12,000 could be spent on outside of a one day event and literally sending the majority of the money up in smoke. Mr. Wisniewski moved to amend this ordinance by reducing the Leisure Activities Fund under Contractual Services from $24,000 to $1,500, and send the $10,500 back to Finance Committee for consideration of purchasing a police dog for the police department; Mrs. Hammond seconded the motion. Mr. Sabatino stated he was under the impression that the Police Chief already had the police dog situation under control. Mr. Wisniewski stated he had the police dog vehicle under control. Mr. Sabatino stated he had the police dog as well and Mr. Wisniewski stated he had spoken to the Chief and that is not what he told him. Mr. Sabatino stated the last time he talked to the Chief he had funding lined up for the dog. Mr. Hansley stated at Safety Committee the Chief went on the record as saying the vehicle would be paid for out of drug seizure money and the dog and the training were being donated. Mr. Wisniewski stated he did not say the dog was donated, he said he was looking into it. Mr. Wisniewski stated he had this conversation with the Chief and he wished he were here. He stated his reasoning for the $1,500 for the Fourth of July is to allow for a scaled back celebration in the form of a parade and this money could be used to pay for any police overtime as well as parade coordinator shirts, trophies, etc. He stated since the City Manager has already informed the schools the parade is going to occur and they are making plans to march, he felt we should not rescind this and allow for a limited celebration which the community can still participate in. He stated a couple of council members argue that the Fourth of July celebration was something this community can participate in with the shaky economy and he submitted that three weeks later the Violet Festival would occur which is free to the public, lasts for several days, provides not only free entertainment and music but fireworks as well and does not require the use of additional city funds. Mr. Wisniewski stated he would like to remind council that they recently allocated the funds to purchase the canine vehicle yet the funds to purchase the actual canine to ride in the car have not been allocated. He stated it seemed silly to be willing to send the taxpayer’s money up in smoke and not purchase something that would be of much greater use to our community. He stated we could use this money for something that will last less than 24 hours or for a police dog that could serve our community for eight to ten years. He stated some statistics about our last canine; Officer Zar was in service from October 1997 until he was retired from duty in September 2006, and was utilized roughly 550 times on details such as tracking of subjects, building searches, and drug and evidence searches. Zar was also utilized around 450 times for a variety of demos for kindergarten Safety Town, preschools, local businesses, and school organizations. In addition, Zar and Officer Cheany were still required to perform their regular duties on a daily basis. He stated he had a hard time believing something as critical to the police department and our community as a whole in the form of a police dog loses out to something as ugly as city politics and vote trading. He stated he strongly encouraged each member of council to support this motion to allow for a limited celebration of the Fourth of July in the form of a parade and use the rest of the funds to reallocate for the purchase and care of a canine for the police department. Mr. Fix stated he totally agreed we should have a drug dog as a high priority, but it was also his understanding from the Chief that he had that lined up. He stated if that is the case, it is kind of a moot point. Mr. Fix continued there are a lot of arguments that could be made that could be said are more important than this or more important than that, and each one probably has one thing in particular that is most important to them. He stated he felt celebrating our country’s birthday is a pretty big deal and he felt everyone needs to recognize that the situation is different today than it was back in November and December when working on the budget. He continued that Mrs. Fersch’s finance reports show we are $100,000 ahead of last year and we didn’t have the carryover situation understood back in November and December. Mr. Fix stated he felt we need to support the Fourth of July. Mr. Sabatino stated from what he recalled, the first drug dog was donated or was acquired with donated funds from local businesses and the local vet supplied, at no cost to the City, the veterinary care and that kind of stuff. He stated he has all the confidence in the world that the Chief felt this was a direction in which he could go, and Mr. Hansley was correct, the Chief did say at Safety that he had these things in hand. He continued that may have changed if he lost a donor, but to him that meant that didn’t mean that he couldn’t find another potential donor. He stated he did feel this is something that the business community particularly would not have a problem in helping to support. He stated he wished the Chief were here to clarify this miscommunication, but he felt fairly certain that if something had changed he would have said something. Mayor O’Brien stated although the Chief is not present, Commander Annetts may have something to add to this discussion. Commander Annetts stated the Chief is actively trying to get donations for the dog and the vet has agreed to provide vet service and part of the food at a $300 per year charge. Mr. Sabatino clarified that Commander Annetts was fairly confident that Chief Taylor has not given up on funding sources for the canine and Commander Annetts stated he believed the Chief had just scratched the surface so far. He stated various organizations such as the Boy Scouts and Lions Club have indicated a desire to donate, and he thought they had not been contacted as yet because the Chief wanted to wait to see how much the primary source donated. Mr. Sabatino stated he did not feel there would be an issue in finding the funding for the drug dog, training, and equipment. Mr. Smith stated as he said before, council has had this discussion. He stated council had set their priorities back in December knowing the budget was best estimate and monies could move around. He stated that was the whole purpose of the appropriation ordinances, to move funds around. Mr. Smith stated council made a decision to trade off a bunch of other stuff, to include the fireworks, for other priorities and he felt it was shortsighted to cherry pick the budget for fireworks and not look at the other priorities; snowplowing, the police, etc. He stated he felt this discussion had taken place, a decision was made on priorities, and that is why he would support this money being deleted from this appropriation. Mr. Sauer stated he would like to add that the $12,000 being talked about that the City would contribute for this is over a 50 percent reduction from what we paid last year for this same show. He further stated the big reason that is happening is partnering with Violet Township who is going to match what the City will pay, so $12,000 from Pickerington and $12,000 from Violet Township. He stated this added up to a community Fourth of July celebration and he would venture to say that more than just residents of the City of Pickerington are going to the Fourth of July and he is encouraged by the fact that both communities are working together to alleviate the expense from both to single handedly put the show on but have both parties do it together. Mr. Sauer continued that with regards to reallocating the funds that were maybe cut out when the budget was done, he would point out that the Chamber of Commerce came back and we appropriated $1,200 more for that; and that was not moving money around, that was adding $1,200 to the budget. He stated the $12,000 for the Fourth of July comes out of money that has already been appropriated and is no addition to what has already been appropriated from last year. He stated the $1,200 that was voted on six to one by this Council in the overall appropriation ordinance that passed, added $1,200 to the budget. Mr. Sauer continued that the Fourth of July would not cost a dime more than what was already appropriated last year. He stated further that with regard to “pet project” he has heard that a few times and typically a pet project would be something that the individual pushing it is going to solely benefit from in some way, shape or form and how would he benefit from this? It would not put a dollar in his pocket or add anything to his life, all it would do is do something he felt was important for the community and he felt it was important to celebrate our heritage and our country on the Fourth of July. He stated it is patriotic and at no point did he recall calling this entertainment, it is not entertainment, it was done solely for a patriotic reason and that is why he pushed this. He stated he would support this ordinance because in the scheme of things $12,000 did not seem like a whole lot to him and it was important to support the community and our heritage. Mrs. Sanders stated this has been talked about and she supported Mr. Sauer. Mrs. Hammond stated she agreed with Mr. Smith and she is not in favor of making changes to the budget, especially at this point because we do not know what will happen before the end of the year. Mr. Sabatino stated the money being reallocated is $12,000 and in the worse case scenario that would mean $12,000 less in our carry over balance, and we were not going to get down to the level where that $12,000 would have an impact. He stated he felt this was a small price to pay and it would be truly a community celebration where the Township and the City would be participating and showing we were working together as a community. Mr. Smith stated he agreed this would be a very patriotic thing to do and he did not see it as unpatriotic in not supporting this. He stated he had spent 28 years in the Army and he is very patriotic, but Council had decided on budget priorities. Mr. Smith stated in the next 18 to 36 months we could be in a budget crisis and that $12,000 may be very important for something and he was not ready to sacrifice that flexibility in the future for this. Roll call was taken on the motion to amend with Mrs. Sanders, Mr. Fix, Mr. Sabatino, and Mr. Sauer voting “Nay,” and Mr. Smith, Mr. Wisniewski, and Mrs. Hammond voting “Yea.” Motion failed, 4-3. Mr. Sabatino moved to adopt; Mr. Fix seconded the motion. Roll call was taken with Mr. Smith, Mr. Wisniewski, and Mrs. Hammond voting “Nay,” and Mr. Sabatino, Mr. Fix, Mrs. Sanders, and Mr. Sauer voting “Yea.” Motion passed, 4-3.
B. ORDINANCE
2009-22, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
FOR HEALTH SERVICES WITH THE FAIRFIELD COUNTY BOARD OF HEALTH FOR 2010,” First
Reading, Finance Committee.
Mayor O’Brien asked if there was discussion on this item. Mr. Fix stated this was discussed at length
at the April 21st Finance Committee meeting. He stated the Board of Health is rallying the
DAC to get together as the deadline is June 30th and he hoped this
will accepted and we can have the third reading within a few days of that. He stated again, if they do not come to an
agreement and pass our proposed contract by June 30th the deal was
off. Mr. Smith stated he appreciated all
the work that went into this and he knew it was something new to the Fairfield
County Board of Health, even though Franklin County has done this for a number
of years. Mr. Smith stated he understood
the contract provided was a draft and would probably change between now and the
third reading, and that was okay. Mr.
Smith stated he applauded everyone that had a hand in this for coming up with
something that would keep us affiliated with Fairfield County. Mr. Sabatino stated he has said before that
he did not feel we had any obligation to the Fairfield County Board of Health,
particularly in light of their public attitude about not feeling they needed to
be competitive with us. He stated he
felt we had before us a proposed contract with a number that the District
Advisory Council had any input on and he doubted if they would approve it. Mr. Sabatino stated Franklin County has
already been doing this in a lot of communities for a long time and that is why
he felt this was a bad choice and he would not support it. Mayor O’Brien clarified that whatever is
before Council for a third reading is the same document that would be before
the DAC for their approval. Mr. Fix
stated the reason he made the motion to put the June 30th date in
because if they are unable to get together or unable to pass this as we have
tentatively agreed to with the Board of Health, he was not interested in
continuing that relationship. Mr.
Hansley clarified that we are 95 percent complete with the contract with Franklin
County should it become necessary. He
further stated in his conversation today with Mr. Hirsch of the Fairfield
County Board of Health he was telling his Board if they did not meet we would
award the contract to Franklin County.
Mr. Sabatino stated he felt it needed to be made clear to Fairfield
County that this was the end of the line.
Mayor O’Brien stated if the first reading is done tonight, and if any
new information comes to light before the next meeting, the legislation can be
amended if necessary. Mr. Fix moved
to adopt; Mr. Smith seconded the motion.
Roll call was taken with Mr. Wisniewski, Mrs. Hammond, and Mr. Sabatino
voting “Nay,” and Mrs. Sanders, Mr. Smith, Mr. Sauer, and Mr. Fix voting
“Yea.” Motion passed, 4-3.
C. ORDINANCE 2009-23, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH FAIRFIELD COUNTY FOR EMERGENCY WATER SERVICES AND THE CONSTRUCTION OF CERTAIN WATER FACILITIES,” First Reading, Service Committee. Mayor O’Brien asked if there was any discussion on this issue. Mr. Wisniewski stated Mr. Drobina had spoken about this earlier and it deals with emergency water services with Fairfield County. He stated we already had an agreement in the past with Fairfield County that we would install the water line and the meter pit and they would reimburse us for the water line and half of the meter pit. He stated now they have installed the water line and the meter pit and this authorizes us to pay for half of the meter pit. Mr. Fix clarified that Fairfield County did communicate with the City engineer prior to building the project. Mr. Fix clarified we have sufficient funds in the Water Fund to cover this capital expense. Mr. Wisniewski moved to adopt; Mrs. Hammond 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.
D. ORDINANCE 2009-24, “AN ORDINANCE TO ACCEPT A BIKE PATH WHICH ENCOMPASSES 0.675 ACRES IN THE HOMESTEAD CONDOMINIUM DEVELOPMENT,” First Reading, Service Committee. Mayor O’Brien inquired if there was any discussion on this item. Mr. Hansley stated this is a fairly routine item in that we are asking for a bike path that was constructed privately be donated to the public use. He stated it will eventually hook into our citywide bikeway system. Mr. Wisniewski moved to adopt; Mrs. Hammond seconded the motion. 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.
E. ORDINANCE 2009-25, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BEHELER EXCAVATING, INC., FOR CIP SM-04 OLDE PICKERINGTON VILLAGE OUTFALL CONSTRUCTION AND W-18 S. EAST STREET AND FANCHERS STREET WATER MAIN REPLACEMENT,” First Reading, Service Committee. Mr. Wisniewski moved to waive the requirement in Charter Section 2.06 that the ordinance be read on three separate meeting days; 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.” Motion passed, 7-0. 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, Mrs. Sanders, and Mr. Sauer 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. (TABLED, 12/16/08)
G. ORDINANCE 2009-17, “AN ORDINANCE TO ACCEPT DONATIONS FROM C3 CHURCH TO BE USED FOR INSTALLATION OF SIDEWALKS AND THE COMMUNITY GARDEN PROJECT,” Second Reading, Finance Committee. Mr. Fix moved to adopt; Mr. Smith 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 2009-18, “AN ORDINANCE TO AMEND ORDINANCE 2008-84, THE EMPLOYEE PAY PLAN AND AUTHORIZED STRENGTH FOR 2009,” Second Reading, Finance Committee. Mr. Fix moved to adopt; Mr. Smith 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.
I. ORDINANCE 2009-19, “AN ORDINANCE APPROVING AND AUTHORIZING THE ACCEPTANCE OF AN ENGAGEMENT LETTER FROM BENESCH, FRIEDLANDER, COPLAN & ARONOFF, LLP,” Second Reading, Finance Committee. 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.
J. ORDINANCE 2009-20, “AN ORDINANCE ADOPTING THE CITY OF PICKERINGTON SERVICE DEPARTMENT IDENTITY THEFT IDENTIFICATION PROGRAM,” Second Reading, Finance Committee. Mr. Fix moved to adopt; Mr. Smith 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.
LEGISLATIVE READINGS:
A. 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,” Third Reading, Safety Committee. Mr. Fix moved to adopt; Mrs. Sanders 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.
10. DISCUSSION. There was no discussion.
11. REFERRAL TO COMMITTEE. Mr. Sabatino stated he would like the concerns of the individuals regarding the noise problem from Doonlin’s Pub that were addressed during Community Comments be referred to Safety Committee. Mayor O’Brien stated this issue was referred to Safety Committee.
12. OTHER BUSINESS. No other business was brought forward.
13. MOTIONS:
A. MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(1), MATTERS DEALING WITH AN EMPLOYEE’S APPOINTMENT. Mr. Fix moved for Executive Session under Section 121.22(G)(1); 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 8:45 P.M., and reconvened in open session at 9:10 P.M.
Mr. Fix moved to authorize the City Manager to make a conditional offer of employment to Gregory Bachman for the City Engineer position; Mr. Smith seconded the motion. Roll call was taken with Mrs. Sanders and Mr. Sauer abstaining, and Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Motion passed, 5-0.
14. ADJOURNMENT. There
being nothing further, Mr. Fix moved to adjourn; Mr. Smith seconded the motion. Mr.
Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Sauer, Mr. Fix, and Mrs.
Sanders voted “Aye.” Motion carried,
7-0. The meeting adjourned at 9:12
P.M., May 5, 2009.
RESPECTFULLY SUBMITTED:
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Lynda D. Yartin, Municipal Clerk
ATTEST:
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Mitch O’Brien, Mayor