PICKERINGTON CITY COUNCIL

TUESDAY, JULY 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, July 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. Sauer, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, Mr. Sabatino, and Mayor O’Brien were present.  Mrs. Sanders was absent as she was on vacation.  Others present were: Tim Hansley, Lynda Yartin, Linda Fersch, Ed Drobina, Phil Hartmann,  Chief Mike Taylor, Carol Carter, Greg Bachman, Tony Barletta, Nate Ellis, Devin Reany, Gavin Blair, and others. 

 

2.         A.        APPROVAL OF MINUTES OF JULY 7, 2009, PUBLIC HEARING REGARDING GAS AGGRAGATION PROGRAM.  Mr. Sabatino moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Sauer, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

B.         APPROVAL OF MINUTES OF JULY 7, 2009, REGULAR MEETING.  Mr. Fix moved to approve; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Sauer, Mrs. Hammond, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0. 

 

C.        APPROVAL OF MINUTES OF JULY 7, 2009, COUNCIL WORK SESSION.  Mr. Fix moved to approve; Mrs. Hammond seconded the motion.  Roll call was taken with Mr. Smith abstaining, and Mr. Wisniewski, Mr. Sauer, Mrs. Hammond, Mr. Fix, and Mr. Sabatino voting “Yea.”  Motion passed, 5-0. 

 

3.         COMMUNITY COMMENTS.  No Community Comments.

 

4.         COUNCIL COMMUNICATIONS.  Mr. Fix stated Council held a retreat on July 10th and he felt it was very successful and productive.  Mr. Fix stated he appreciated the time everyone put into this and for staff members taking the time to join Council on a Saturday. 

 

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

 

6.         APPROVAL OF AGENDA.  Mr. Fix moved to approve; Mr. Sauer seconded the motion.  Mr. Fix moved to amend the agenda to add Ordinance 2009-45, “An Ordinance authorizing a Change Order with Beheler Excavating, Inc., in an amount not to exceed $125,000 for the extension of Town Square Drive;” Mr. Sauer seconded the motion.  Roll call was taken on the motion to amend with Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sauer, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.  Roll call was taken on the agenda as amended with Mr. Sabatino, Mr. Sauer, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0. 

 

7.         REPORTS:   

 

A.        MAYOR.  Mayor O’Brien stated the Violet Festival begins this week and he urged everyone to attend as it should be a good time for all. 

B.         LAW DIRECTOR.  Mr. Hartmann stated he had no report but would answer any questions. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she had several items on tonight’s agenda.  She stated she would appreciate three readings on Item 8.A., the appropriation ordinance, Items 8.B,C, D, and E are all TIF issues that are due on September 4th so she would appreciate three readings this evening if possible. 

 

            D.         SERVICE MANAGER.  Mr. Drobina stated Columbus Street should reopen tomorrow and Long Road is scheduled to close for 15 days beginning August 3rd.  He stated there will also be a two-week closure on East Street at S.R. 256 for the storm sewer project beginning next Monday. 

 

E.         CITY MANAGER.  Mr. Hansley stated he was on vacation last week but Chief Taylor had provided a written report as Acting Manager and he would be happy answer any questions.  Mr. Sabatino clarified that the plumbing inspections would be done by Franklin County Health Department as a back up when our normal inspection service is not available to us. 

 

F.         FINANCE COMMITTEE.  Mr. Fix stated Finance had met on July 8th, and the items Mrs. Fersch had briefed on earlier came out of that meeting.   

 

G.        RULES COMMITTEE.  Mr. Smith stated Rules also met on July 8th, and they are currently in the process of scheduling interviews for a vacancy on the Tree Commission.  He stated on tonight’s agenda is an ordinance rescinding the Utility Fees Review Commission as that Commission has not met and has no real purpose right now.  He stated an ordinance to create a Charter Review Board composed of seven members is also on the agenda this evening.  He stated this did not staff the Board, but only created it.  Mr. Sauer stated with regard to the Utility Fees Review Commission, the idea was that they would get back together periodically to review fees to make sure they were in line with current expenses, debt level, etc., so the number could be adjusted if necessary, and he questioned how that would be handled now.  Mr. Smith stated the City Manager conducts an annual review and has administrative authority built in to adjust the fees based on a variety of factors.  Mr. Smith stated should a need occur to reconstitute the Commission Council could do that.  Mr. Smith stated this would just eliminate a standing committee where members are interviewed and appointed to terms with no business before them.  Mr. Sauer stated he liked the oversight from a citizen’s point of view and he liked the process used at the time where there was citizen involvement on an issue that could be relatively touchy.  He stated he would just hope that in the future when any type of an adjustment or change would be made that citizens would be involved in that process.  Mr. Wisniewski stated we do not do that with any other fee, and Mr. Sauer stated he understood that but he felt a precedent had been established and he would like to see that precedent carried through.  Mr. Wisniewski stated when you do not have strong individuals willing to make tough choices and sometimes it is easier to create a committee to do it instead.  He stated he felt it was staff’s responsibility to come up with what fees we need to charge to make sure that we stay above water.  Mr. Wisniewski stated for several years Council had been told the fees needed to be adjusted and they never had the backing to do that, and he felt it was more feasible for some people to create a commission to say the fees should be raised instead of the decision being made by staff or council.  Mr. Smith stated he agreed with Mr. Wisniewski and he thought that everyone understood that with the initial adjustments that needed to be made, there would obviously be increases that might be highly significant and that is why council agreed to the citizen participation on that. 

 

H.        SAFETY COMMITTEE.  Mr. Sabatino stated Safety Committee met last night for a rather lengthy meeting and there was extensive discussion about the code enforcement procedures and practices, contractor registrations, right turn on red at S.R. 256 and Tussing, and updating some signage.  He stated beginning in August, Safety will be following the Service Committee who will have a new start time. 

 

I.          SERVICE COMMITTEE.  Mr. Wisniewski stated Service met after Safety last night and the ordinance that was added to tonight’s agenda came out of that meeting.  Mr. Wisniewski stated Service Committee will now meet at 6:30 P.M. on the Wednesday following the second council meeting of the month. 

 

8.         PROCEDURAL READINGS:

 

            A.        ORDINANCE 2009-35, “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. Wisniewski seconded the motion.  Roll call was taken with Mrs. Hammond, Mr. Sauer, Mr. Smith, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.  Mr. Fix moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            B.         ORDINANCE 2009-36, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $371,000 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING (I) STREET IMPROVEMENTS ON HILL ROAD AND BLACKLICK-EASTERN ROAD, INCLUDING WIDENING STREETS, CONSTRUCTING SIDEWALKS, CURBS AND GUTTERS AND INSTALLING TRAFFIC CONTROL DEVICES, AND (II) STREET IMPROVEMENTS KNOWN AS THE HILL ROAD CONNECTOR, INCLUDING CONSTRUCTING STREETS, SIDEWALKS, CURBS AND GUTTERS,” 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. Wisniewski seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Sauer, Mr. Smith, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0.  Mr. Fix stated this ordinance and the next three were the renewal notes for the TIFs and he would be asking for three readings on all of them.  Mr. Wisniewski clarified this issue is for the road extension that will be discussed later.  Mr. Fix moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, Mr. Sauer, and Mr. Smith voting “Yea.”  Motion passed, 6-0. 

 

            C.        ORDINANCE 2009-37, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $131,250 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING STREET AND TRAFFIC SIGNAL IMPROVEMENTS IN THE STATE ROUTE 256/STONECREEK DRIVE AREA,” 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. Wisniewski seconded the motion.  Roll call was taken with Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Sauer, Mr. Fix, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Sauer, and Mr. Fix voting “Yea.”  Motion passed, 6-0.  

 

            D.        ORDINANCE 2009-38, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $1,950,000 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING STREET IMPROVEMENTS IN THE WINDMILLER/DILEY AREAS, INCLUDING CONSTRUCTING WIDENING AND TURN LANE IMPROVEMENTS FOR STATE ROUTE 256 TO ESTABLISH AN EXIT POINT FOR THE REALIGNMENT OF DILEY ROAD,” 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. Wisniewski seconded the motion.  Roll call was taken with Mrs. Hammond, Mr. Sauer, Mr. Smith, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.  Mr. Fix moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            E.         ORDINANCE 2009-39, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $175,000 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING STREET IMPROVEMENTS IN THE CYCLE WAY AREA,” 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 Mr. Wisniewski, Mr. Sauer, Mr. Smith, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, Mr. Sauer, and Mr. Smith voting “Yea.”  Motion passed, 6-0. 

 

            F.         ORDINANCE 2009-40, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LAND DONATION AGREEMENT WITH BGM DEVELOPMENT CORP., AND ROCKFORD HOMES, INC., SAID PROPERTY BEING APPROXIMATELY 16.096 ACRES, LOCATED AT 749 WINDMILLER DRIVE,” First Reading, Finance Committee.  Mr. Wisniewski stated this is property for the location of the new water tower in the Refugee/Windmiller area.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Sauer, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

            G.        ORDINANCE 2009-41, “AN ORDINANCE AUTHORIZING THE CITY MANGER TO ENTER INTO A LAND EXCHANGE AGREEMENT WITH VILLAGE PROPERTIES,” First Reading, Finance Committee.  Mr. Wisniewski stated this is the property the City will exchange for the water tower property.  Mr. Smith stated he would also like to note that this is a piece of property the City has attempted to sell on at least two prior occasions with no success.  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 Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            H.        ORDINANCE 2009-42, “AN ORDINANCE CREATING A CHARTER REVIEW BOARD,” First Reading, Rules Committee.  Mr. Smith stated this will create the seven-member Charter Review Board that is essentially organized the same way that the previous ones have been organized.  Mr. Fix clarified that the City has several citizen applications, and applications are still being accepted, and Rules Committee is in the process of setting up interviews in August to recommend seven members to Council for approval.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, Mr. Sauer, and Mr. Smith voting “Yea.”  Motion passed, 6-0. 

 

            I.          ORDINANCE 2009-43, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR HEALTH SERVICES WITH THE FRANKLIN COUNTY BOARD OF HEALTH FOR 2010,” First Reading, Council.  Mr. Fix stated we had tried very hard for a long time in working with the Fairfield County Board of Health to reach an agreement that was more reasonable in the way we were charged fees, and though the Board of Health put forth a great effort, the District Advisory Council was unable to reach a quorum to vote on approving the contract.  He stated prior to that we had let them know that if we were unable to reach an agreement with the Fairfield County Board of Health our only alternative would be to go with the Franklin Board of Health.  Mr. Fix stated there was discussion and debate about the merits of both organizations and he felt the Franklin County Board of Health will be able to provide a high level of services to our residents and we have a better financial deal than we have had in the past.  Mr. Hansley stated he would like to add that Franklin County has been very easy to work with in getting this contract ready.  Mr. Smith stated he is exasperated and disappointed with the Fairfield County District Advisory Council not being able to reach a quorum to vote on this.  He stated he maintains a strong allegiance to Fairfield County and he appreciated the efforts the Board of Health went through to put together an agreement, and the fact that the District Advisory Council could not get a quorum to vote on this is very disappointing.  Mr. Sabatino stated as Council worked through this it was his belief early on that Franklin County was the better choice and he is glad we ended up there.  He stated they have many years experience providing services to other communities and he is sure they will treat our citizens the same way they have the other communities they have dealt with in the past.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Sauer, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

            J.          ORDINANCE 2009-44, “AN ORDINANCE AMENDING SECTION 220.04 ENTITLED “COMMITTEES” AND REPEALING CHAPTER 268 ENTITLED “UTILITY FEE REVIEW COMMISSION” OF THE CODIFIED ORDINANCES OF PICKERINGTON,” First Reading, Rules Committee.  Mr. Smith moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sauer voting “Nay,” and Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, and Mrs. Hammond voting “Yea.”  Motion passed, 5-1. 

 

            K.        ORDINANCE 2009-33, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE PICKERINGTON LOCAL SCHOOL DISTRICT FOR EXTRAORDINARY POLICE SERVICES,” Second Reading, Safety Committee.   Mr. Fix stated after the last meeting he and Mrs. Sanders had met with Chief Taylor, members of the school board, members of the school administration to discuss this contract, the DARE program, and the more for more police officer hours at Central High School.   He stated they were able to reach an agreement in finding ways to work with the school district to keep the DARE program going for at least one more year while other possibilities on how to bring drug education programs to the children are explored.  Mr. Fix stated the contract before Council will be changed slightly when it comes out of the school board’s August meeting.  He stated if Council has the second reading tonight, then at the August meeting it can be amended by substitution if necessary.  Mayor O’Brien clarified that the school board will meet after Council’s first meeting in August and Mr. Fix stated the ordinance could be tabled for one meeting.  Mr. Sabatino moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            L.         ORDINANCE 2009-34, “AN ORDINANCE APPROVING THE RELEASE OF AN EASEMENT FOR LOT 109 OF THE WINDMILLER PONDS SUBDIVISION,” Second Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Sauer voting “Yea.”  Motion passed, 6-0.  

 

            M.        RESOLUTION 2009-08R, “A RESOLUTION ACKNOWLEDGING THE ANNEXATION OF 4.088 ACRES, MORE OR LESS, IN VIOLET TOWNSHIP, FAIRFIELD COUNTY, TO THE CITY OF PICKERINGTON (SWIMMING POOL),” Second Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mr. Sauer, Mr. Sabatino, Mr. Smith, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0. 

 

            N.        ORDINANCE 2009-45, “AN ORDINANCE AUTHORIZING A CHANGE ORDER WITH BEHELER EXCAVATING, INC., IN AN AMOUNT NOT TO EXCEED $125,000 FOR THE EXTENSION OF TOWN SQUARE DRIVE,” First Reading, Service Committee.  Mr. Wisniewski stated when Mr. Bachman came on board he looked at a lot of things we have going on with a fresh set of eyes, and one of the things he immediately saw was the opportunity for us to save a considerable amount of money by connecting the “road to nowhere” through the bus barn property that the City had paid a substantial price for, to actually complete that road at a significant savings to the City since we are doing construction in that area with the storm water improvements that are currently in progress.  Mr. Wisniewski stated there are definitely concerns about traffic, but he felt those could be resolved fairly quickly and inexpensively.  Mr. Hansley stated this authorizes in addition to the change order any other things necessary, such as trying to acquire the little triangle of property that we do not own.  Mr. Hansley stated further the land swap that was acted on earlier tonight will give us control of all of the right-of-way need except for that small piece.  Mr. Hansley stated staff will also bring forward additional legislation to change the bond financing as discussed at Finance last evening.  Mr. Hansley stated anything major would be brought to Council, but anything that can be done administratively is covered under Section 2. of this ordinance.  Mr. Wisniewski stated there are several steps that need to fall into place for this to occur and if any one of those does not occur, then this project will not be able to go forward.  Mr. Wisniewski stated, however, the time to act is now because of the storm sewer project that is going on now.  Mr. Wisniewski stated Mr. Bachman would answer any questions anyone might have.  Mr. Hansley clarified that Mr. Bachman had spoken to the contractor about the timeframe when it could happen, and as long as the contractor knew by August that it was a go for the street he could get it in yet this year.  Mayor O’Brien clarified that multiple readings were not necessary this evening.  Mr. Sauer stated he is supportive of this project although it makes it tough when the budget is as tight as it is.  He stated, however, when you are looking at a situation when you can finish a project at a substantial savings it was hard to pass up.  He continued that his major concern was safety and Mr. Bachman has gone a long way in alleviating that concern although it would be his preference that multiple readings not be done this evening.  Mr. Hansley stated if there is one reading this evening it will allow for the press to report on it and if someone has comments they can come to the next meeting, and that will give us enough time to let the contractor know that we intend to do the project.  Mr. Sabatino stated it is nice to see the project the City has invested so much money in finally have some sense of completion.  Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Fix, Mr. Smith, Mr. Sauer, Mrs. Hammond, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0. 

 

9.         LEGISLATIVE READINGS:

 

            A.        ORDINANCE 2009-32, “AN ORDINANCE TO APPROVE THE PLAN OF OPERATION AND GOVERNANCE FOR THE CITY OF PICKERINGTON’S NATURAL GAS AGGREGATION PROGRAM,” Third Reading, Finance Committee.  Mr. Fix clarified that once this legislation passes, Volunteer Energy will do a communication piece.  Mr. Hansley stated everyone will be mailed a card, and if anyone wants to opt out of the program may do so.  Mr. Hansley stated there will be a fairly aggressive information campaign.  Mr. Wisniewski stated the voters spoke clearly at the ballot that they desired this program.  Mr. Smith stated he would like to point out that the contract will be with the City, not with individual citizens.  Mr. Fix moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Fix, Mr. Sauer, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 6-0. 

 

10.       DISCUSSION.  There was no discussion. 

 

11.       REFERRAL TO COMMITTEE.  Mayor O’Brien stated there is an issue that Council must refer to Committee and that is the storm water utility fee.  Mr. Hansley stated the existing ordinance states the report he furnishes to Council must be referred by Council back to the appropriate committee, and he thought that would be Finance Committee.  Mr. Fix moved to refer the storm water utility fee to Finance Committee; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Fix, Mr. Sauer, Mr. Smith, Mr. Wisniewski, Mr. Sabatino, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0. 

 

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

 

13.       MOTIONS: 

 

            A.        MOTION TO FORWARD SUGGESTED HOUSEKEEPING CHARTER REVISIONS TO THE CHARTER REVIEW BOARD.  Mr. Wisniewski moved to forward the suggested housekeeping revisions to the Charter Review Board; Mr. Sauer seconded the motion.  Mr. Smith stated in looking around the table, Council represents over 35 years of elected experience.  He stated the residents elected them to do the best they could do to represent them and if the best they could do is housekeeping changes recommendations to the Charter Review Board, “shame on them.”  He stated changing “happy” to “glad” is not the best they could do.  Mr. Smith stated he highly urged each of his fellow council members to take each part of the Rules Committee draft and vote it up or down and those receiving an up vote be sent to the Charter Review Board.  He stated he would also like to encourage the press present tonight to really look into this and hold each and every council member accountable for their positions on this.  Mr. Smith continued that he would like to remind council that each and every member received a monthly update the entire time that Rules Committee was conducting a review of the Charter and many members that were not members of the Rules Committee also attended and participated in that process.  Mr. Smith stated again, “shame on us” because they have certainly not done the best they can do and they owe the citizens an apology for failing them.  He stated they have not represented their best interests, they have not done all they can do on this; housekeeping is not the best they can do. 

 

(Mr. Smith withdrew from the Council table during the voting process.)

 

Roll call was taken with Mr. Fix voting “Nay,” and Mr. Sabatino, Mrs. Hammond, Mr. Sauer, and Mr. Wisniewski voting “Yea.”  Motion passed, 4-1. 

 

14.       ADJOURNMENT.  There being nothing further, Mr. Fix moved to adjourn; Mr. Sauer seconded the motion.  Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sauer, Mr. Sabatino, and MR. Wisniewski voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 8:35 P.M., July 21, 2009. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

_______________________________

Mitch O’Brien, Mayor