PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

 

TUESDAY, MAY 19, 2009

7:20 P.M.

 

PUBLIC HEARING

OPEN DISCUSSION REGARDING PROPOSED 2010 TAX BUDGET

 

 

1.         Call to Order.  Mayor O’Brien opened the Public Hearing at 7:20 P.M.

 

2.         Roll Call:  Roll call was taken with Mrs. Sanders, Mr. Fix, Mr. Smith, Mr. Sauer, Mrs. Hammond, Mr. Sabatino, Mr. Wisniewski, and Mayor O’Brien present.  No members were absent.  Others present were:  Tim Hansley, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Phil Hartmann, Ed Drobina, Nate Ellis, Rachel Scofield, Devin Reany, Carol Carter, Tory Kramer, and others. 

 

3.         Purpose of the Public Hearing:  To hear public comments on the proposed 2010 Tax Budget.     

 

4.         Presentation to Council: 

 

            A.        Mrs. Fersch this is the Tax Budget that is required by the County Auditor, and is a basic budget and does not reflect a lot of things that will be in the budget at the end of the year.  Mrs. Fersch stated it is very difficult to prepare a budget when you only have three months of revenue in to determine end of year balances, etc.  Mrs. Fersch stated this proposed tax budget does not show any increase in personal services other than health insurance that is estimated with a 13 percent increase.  She stated she had added $250,000 for street paving, but there are more capital projects this year because of the Diley Road and sewer plant projects.  She stated she was showing a four percent increase in income tax, a slight increase in new homes, and utility revenues are based on the water and sewer rates that are already in place and the capacity fees and impact fees show a three percent increase.   

 

5.         Council Questions/Comments:  Mr. Smith clarified Mrs. Fersch was showing a $1,190,000 carry over in the General Fund.    

 

6.         Public Comments/Questions:  No questions/comments.   

 

7.         Adjournment.  There being nothing further, Mayor O’Brien closed the public hearing at 7:24 P.M., May 19, 2009.

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

________________________________

Mitch O’Brien, Mayor

PICKERINGTON CITY COUNCIL

TUESDAY, MAY 19, 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 19, 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, Chief Mike Taylor, Rachel Scofield, Carol Carter, Tory Kramer, Nate Ellis, Harry Meyer, Barbara Parrot, and others.  Ms Parrot of Peace United Methodist Church delivered the invocation.

 

2.         A.        APPROVAL OF MINUTES OF MAY 5, 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. 

 

B.         APPROVAL OF MINUTES OF MAY 5, 2009, WORK SESSION.  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, Mrs. Sanders, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0.

 

3.         COMMUNITY COMMENTS.

 

A.        Carol Carter.  Ms Carter stated she had spoken at the last Council meeting regarding the Fourth of July fireworks.  Ms Carter stated fireworks cannot be called patriotic because although patriotism comes in many forms, it is not by shooting fireworks in the sky.  Ms Carter stated patriotism comes from the love of country and the love of the people in that country.  She further stated this little city is going to see some hard times, and it will get worse, and to blow $12,000 on having a picnic and shooting off fireworks, when she could think of many other ways that money could be used.  She stated patriotism is caring about your country, your soldiers, the people that defend you every day, the people that stand up for your rights.  She stated Council members are elected to stand up for the resident’s rights.  She stated when Council goes back to the ballot to ask the residents one more time for a little extra tax money to help this City; they are going to remember what you do with their money currently before they vote.  She stated the residents know what you do with their money. 

 

4.         COUNCIL COMMUNICATIONS.  Mr. Fix stated he would like to thank the Mayor for keeping all of council informed when there was a gas leak caused by construction last week.  Mrs. Sanders stated she would also like to thank everyone for attending the ribbon cutting at the playground in Victory Park last Friday.    

 

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. 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 he had received a letter from the Violet Township Trustees regarding Doolin’s Pub and as Trustee Myer is present he would like to let him know this issue has been forwarded to Safety Committee and is on their agenda for tomorrow night.  He stated we would respond in writing as they had requested.  Mayor O’Brien further stated there would be a benefit for the son of Tax Administrator Jan Eichner who has been diagnosed with ALS disease on June 19th at the American Legion on Refugee Road.   

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he had no report but an executive session is on the agenda later for discussion regarding pending and imminent litigation. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she would request three readings on the appropriation ordinance, Item 8.B., and the legislation adopting the Tax Budget must be effective by July 15th.  Mrs. Fersch stated she would answer any questions. 

 

D.        SERVICE MANAGER.  Mr. Drobina stated he had two items on tonight’s agenda that include Item 8.B., the legislation to authorize the City Manager to apply for and accept grant funds from the Ohio Public Works Commission to be used for the replacement of the Hill Road culvert.  Also, Item 8.C. that authorizes the City Manager to apply for and accept funds through the American Recovery and Reinvestment Act of 2009.  He stated this application would be for funding to be used on the Sycamore Creek East Relief Line, Phase II.

 

E.         CITY MANAGER.  Mr. Hansley stated he had provided a written report and he would answer any questions.   Mr. Hansley stated he is still trying to work out some of the details on inspections with the Health Department contract and the District Advisory Council is scheduled to meet on June 17th to review the proposed contract.  Mr. Hansley further stated the legislation is on tonight’s agenda to approve the contract with Mr. Greg Bachman as our City Engineer.  Mr. Hansley stated that ordinance is written with a councilmanic waiver of committee action since all council members were included in the interview process.  Mr. Smith clarified that before we have final action by either the City or the Health Department, we will be looking at the same document. 

 

F.         FINANCE COMMITTEE.  Mr. Fix stated Finance met on May 6th, and viewed a presentation from Insource Solutions as an alternative to RITA for our income tax.  He stated the City Manager and Finance Director were requested to bring a comparison of costs and a recommendation to Finance in June.  Mr. Fix stated he would answer any questions. 

 

G.        RULES COMMITTEE Mr. Smith stated Rules Committee also met on May 6th, and he was unable to attend.  He stated, however, the Committee discussed the vacancy on the Parks and Recreation Board and they would be conducting interviews for this position. 

 

8.         PROCEDURAL READINGS:

 

            A.        ORDINANCE 2009-26, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT GRANT FUNDS FROM THE OHIO PUBLIC WORKS COMMISISON (OPWC) FOR HILL ROAD CULVERT REPLACEMENT (CIP PROJECT #SM-13),” 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; Mr. Fix 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. 

 

            B.         ORDINANCE 2009-27, “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. Sabatino seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Sauer, Mr. Smith, Mrs. Sanders, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.”  Motion passed, 7-0.  Mr. Fix moved to adopt; Mr. Sauer 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. 

 

            C.        ORDINANCE 2009-28, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT GRANT FUNDS FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) THROUGH THE WATER POLLUTION CONTROL LOAN FUND (WPCLF) FOR THE PURPOSE OF CONSTRUCTING THE SYCAMORE CREEK EAST RELIEF LINE, PHASE II (CIP PROJECT #WW-09),” 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, Mr. Sauer, and Mr. Fix voting “Yea.”  Motion passed, 7-0. 

 

            D.        ORDINANCE 2009-29, “AN ORDINANCE APPOINTING GREGORY BACHMAN TO THE POSITION OF CITY ENGINEER AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT,” First Reading, Council.  Mayor O’Brien stated the employment agreement states the employee’s performance shall be evaluated annually, but does not say by whom.  He stated he would like to decide who would do the evaluation and include that in the agreement.  Mr. Smith stated it would be similar to the current Council employees where the City Manager conducts those evaluations for Council.  Mr. Smith stated it does not appear to be a problem with not specifying in the agreement who would do the evaluation, but Rules Committee could discuss who that would be and make a recommendation for a Council rule for all Council employees.  Mayor O’Brien stated he felt that would be sufficient.  Mr. Smith asked Mrs. Yartin to add the evaluation process discussion to the next Rules Committee agenda.  Mayor O’Brien stated although he does the evaluation on the City Manager, it is done in concert with Council, so he requested the City Manager be included in that discussion as well.  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. Sauer, Mr. Smith, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0.  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, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 7-0. 

 

            E.         RESOLUTION 2009-07R, “A RESOLUTION TO ADOPT THE 2010 TAX BUDGET TO MEET THE JULY 15, 2009, DEADLINE AS SET FORTH IN THE OHIO REVISED CODE, SECTION 5705.28,” First Reading, Finance Committee.  Mr. Wisniewski questioned how we found $250,000 in this budget for street paving.  Mrs. Fersch stated when preparing the budget our goal is to have $1 million as a carryover in the rainy day fund.  She stated since we did not increase any department’s budgets or include any donations to any groups, pay raises, etc.  She stated when we do our budget in the fall and we find we do not have the $1 million carryover, then this item would not be included.  Mr. Hansley stated he would just add that he doubted that $250,000 would survive the normal budget review process.  Mr. Wisniewski stated his question then would be why we even put it out the perception to the public that we are going to do something we haven’t done for the last four years.  Mr. Hansley stated he would correct that perception and state that he doubted we would pave any streets next year.  Mr. Wisniewski stated then why put that in, and he would rather wait until we actually look at the budget instead of putting out false hopes about something like that.  Mr. Hansley stated it is just an optimistic, hopeful comment at this point in time, it is awfully early in the year and there are a lot of unknowns and if Council wants they can modify this any way they wish.  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 Mr. Wisniewski, Mr. Sauer, Mr. Smith, Mrs. Sanders, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.”  Motion passed, 7-0.  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, Mr. Sauer, and Mr. Smith 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 2009-21, “AN ORDINANCE AMENDING THE 2009 APPROPRIATION, ORDINANCE 2008-92,” Second Reading, Finance Committee.  Mr. Smith stated there is $12,000 in this appropriation for fireworks and he clarified that amount would more than cover overtime for snow removal that was cut back this year.  Mr. Hansley stated he would like to point out that it is a misconception that the fireworks would cost $12,000; the $24,000 total cost is the cost of the whole day festivities including fireworks.  He stated the fireworks themselves are around $10,000.  Mr. Wisniewski inquired if we have received a letter confirming the Township will be sending the other $12,000 and Mr. Hansley stated he has not requested a letter but he has been assured by Mr. Yaple that the action either has been taken or will be taken.  Mr. Wisniewski stated our code enforcement is receiving 15 to 20 calls a day and he is not even able to respond to so many calls because of the shear volume.  He stated this is apparently a problem we are having and he would like everyone to realize that we could easily hire a part-time code enforcement officer with the money being spent in this ordinance for fireworks, a band, a survey, and a retreat.  Mr. Sabatino stated he did not see a correlation between code enforcement and a community celebration for the Fourth of July.  Mr. Sauer stated we spent over $28,000 on this last year and this year it is less than half that cost.  He stated he feels this is a community celebration of our nation’s birth and while some did not see that as important, he felt it was extremely important.  He stated this is a good step of faith in regards to a good joint partnership for an important event for any community in this country and he felt it was a good positive step forward in terms of making it a community event with both entities contributing to it.  Mr. Sauer stated he did dig through the budget to find a way to move money around to fund this without increasing the budget that was appropriated last year.  He further stated decisions have already been made this year in regards to funding areas that were cut out at the end of last year, and increased the budget.  Not moving money around, but increasing it.  He stated this is a flat dollar amount and is not any addition to the appropriated amount in the budget and he felt it was a small thing to do to give back to the people who are paying the taxes and giving them the ability to celebrate their community and their nation in a year that has been pretty tough.  Mr. Sabatino stated he would like to personally thank the Township for helping us to do something that we would not have been able to do by ourselves, and this is a step in the right direction for the township and the city collectively to help the citizens maintain some quality of life things that perhaps each entity by themselves may not have been able to do.  Mr. Fix moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Hammond, and Mr. Smith voting “Nay,” and Mr. Sauer, Mr. Fix, Mr. Sabatino, and Mrs. Sanders voting “Yea.”  Motion passed, 4-3. 

 

            H.        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,” Second Reading, Finance Committee.  Mr. Fix stated based on the fact that we are still reviewing some of the fees and the inspection processes, and the fact that the District Advisory Council will met on June 17th, to take this into consider he would like to table this until the July 7th Council meeting.  Mr. Fix moved to Table; 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.  (TABLED)

 

            I.          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,” Second Reading, Service Committee.  Mr. Wisniewski 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. 

 

            J.          ORDINANCE 2009-24, “AN ORDINANCE TO ACCEPT A BIKE PATH WHICH ENCOMPASSES 0.675 ACRES IN THE HOMESTEAD CONDOMINIUM DEVELOPMENT,” 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. 

 

9.         LEGISLATIVE READINGS: 

 

            A.        ORDINANCE 2009-17, “AN ORDINANCE TO ACCEPT DONATIONS FROM C3 CHURCH TO BE USED FOR INSTALLATION OF SIDEWALKS AND THE COMMUNITY GARDEN PROJECT,” Third Reading, Finance Committee.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Fix, Mr. Sauer, Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 7-0. 

 

            B.         ORDINANCE 2009-18, “AN ORDINANCE TO AMEND ORDINANCE 2008-84, THE EMPLOYEE PAY PLAN AND AUTHORIZED STRENGTH FOR 2009,” Third Reading, Finance Committee.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sauer, Mr. Smith, Mr. Wisniewski, Mr. Sabatino, Mrs. Hammond, Mrs. Sanders, and Mr. Fix voting “Yea.”  Motion passed, 7-0. 

 

            C.        ORDINANCE 2009-19, “AN ORDINANCE APPROVING AND AUTHORIZING THE ACCEPTANCE OF AN ENGAGEMENT LETTER FROM BENESCH, FRIEDLANDER, COPLAN & ARONOFF, LLP,” Third Reading, Finance Committee.  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.  

 

            D.        ORDINANCE 2009-20, “AN ORDINANCE ADOPTING THE CITY OF PICKERINGTON SERVICE DEPARTMENT IDENTITY THEFT IDENTIFICATION PROGRAM,” Third Reading, Finance Committee.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Fix, Mr. Sauer, Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 7-0. 

 

10.       DISCUSSION.  There was no discussion. 

 

11.       REFERRAL TO COMMITTEE.  Mayor O’Brien stated there were no committee referral items.   

 

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

 

13.       MOTIONS: 

 

            A.        MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(3), DISCUSSION WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION.  Mr. Fix moved for Executive Session under Section 121.22(G)(3); Mrs. Hammond seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sauer, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0. 

 

Council adjourned into Executive Session at 8:25 P.M., and reconvened in open session at 9:00 P.M.

 

Mr. Fix moved to authorize the City Manager to engage the law firm of Schottenstein, Zox, and Dunn for the purpose of assisting in the Viola Park litigation and to waive committee action; Mr. Sabatino seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Fix, Mr. Sauer, Mr. Smith, Mr. Wisniewski, Mr. Sabatino, and Mrs. Hammond voting “Yea.”  Motion passed, 7-0. 

 

14.       ADJOURNMENT.  There being nothing further, Mr. Fix moved to adjourn; Mr. Smith seconded the motion.  Mr. Sabatino, Mrs. Hammond, Mr. Sauer, Mr. Smith, Mr. Fix, Mr. Wisniewski, and Mrs. Sanders voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 9:03 P.M., May 19, 2009. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

_______________________________

Mitch O’Brien, Mayor