PICKERINGTON CITY COUNCIL

TUESDAY, OCTOBER 6, 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, October 6, 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, Ed Drobina, Greg Bachman, Rachel Schofield, Carol Carter, Devin Reany, Steve Starr, Nate Ellis, Anita Meade, Amy Hackman, Larry Folk, Eva Langston, Tracy Langston, Gavin Blair, Gary Weltlich, Pastor Phil Manson, and others.  Pastor Manson of Pickerington Nazarene Church delivered the invocation.   

 

2.         APPROVAL OF MINUTES OF SEPTEMBER 15, 2009, REGULAR MEETING.  Mr. Smith moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Sauer, Mr. Fix, and Mrs. Sanders voting “Yea.”  Motion passed, 7-0. 

 

3.         COMMUNITY COMMENTS. 

 

A.        Steve Starr, 8650 Diley Road.  Mr. Starr stated he is very concerned with issues he has with the widening of Diley Road that he has been trying to resolve and cannot seem to make any headway on.  Mr. Starr stated he has many issues, and as an example he has a hole in his yard that is approximately six feet in diameter and three and one-half feet deep that has been there for two years.  He stated he has tried to get this filled in and he can get no results from anyone, and he is trying to find out why.  He stated this hold was dug to remove a tree stump, it has no need to be there, and in November it will have been there for two years.  He stated another issue is that he signed a special contract with ODOT to get Igel to do the work they were contracted to do.  He stated the contract has expired and they still have not done the work.  Mr. Starr stated he has two driveways and when they put the driveway cuts in one was 76 feet wide and the other one was 66 feet wide.  He stated that meant that one of them is 40 feet wider than they allow almost any place in the world.  Mr. Starr stated he got together with the City, the State, and the contractor, and they agreed to put in two 30-foot driveways.  He continued when he got up the next day he had one 30-foot driveway and one 22-foot driveway.  Mr. Starr stated another issue is that the State’s ODOT inspector outright lies to him, and they threaten him by saying they were going to call the Board of Health because he was discharging sewage into the storm sewer.  Mr. Starr stated he has a letter with him from the Board of Health and the EPA stating that everything being discharged is plain water.  Mr. Starr stated everything they tell him they are going to do, they don’t do.  Mr. Starr stated most of the time he deals with Mr. Drobina, and he really felt Mr. Drobina has made an effort to help him, but for two years now he has been negotiating where they will put one of his downspout drains.  He stated they were supposed to do it tomorrow, but when he called to find out where they were going to put it, no one knew.  He stated he was present tonight to find out why no one tells him what they are doing, or what they tell him is an outright lie.  Mr. Sabatino clarified Mr. Starr has spoken directly to the City Manager numerous times.  Mr. Hansley stated that was correct, however, there is not one issue Mr. Starr has mentioned tonight that was discussed, however, they discussed numerous other issues.  Mr. Hansley stated he and Mr. Drobina have resolved many other issues with Mr. Starr, and Mr. Starr stated after about seven meetings with Mr. Hansley he finally convinced the City they were absolutely wrong with his driveway issues.  Mr. Hansley stated he was not sure he agreed the City was wrong, but an adjustment was made.  Mayor O’Brien stated Mr. Wisniewski is Service Committee Chairman, and if Mr. Starr would come to the Service Committee meeting on October 21st these issues can be discussed at length.  Mr. Starr stated he would come to the Service meeting if he can get some results.  Mr. Wisniewski asked if Mr. Starr could provide them in detail a list of the issues that he has ahead of time so Mr. Drobina is prepared for the meeting and can speak about where we are in the process, what has not been resolved, what has been brought to light, a copy of the contract with ODOT that has not been fulfilled, and anything Mr. Starr might be able to prepare ahead of time.  Mr. Wisniewski asked that Mr. Starr provide this information to Mrs. Yartin and she would get it distributed to all of Council and staff and it will be discussed at the Service Committee meeting on October 21st.  Mr. Starr stated he prepared a list two years ago and submitted it and he never got any answers.  Mr. Starr further stated he had 83 issues to discuss and he just hoped he could get some results. Mr. Starr further clarified he should provide this information to Mrs. Yartin and she would ensure it was distributed. 

 

4.         COUNCIL COMMUNICATIONS.  None.

 

5.         APPROVAL OF CONSENT AGENDA.  Mayor O’Brien stated there were two consent agenda items this evening.  Resolution 2009-19R, “A resolution authorizing the City Manager to accept the dedication of a .926-acre, more or less, drainage easement from David A. Good and A. James Good, said acreage located west of Hill Road, South of Diley, and North of the train tracks, City of Pickerington, County of Fairfield, State of Ohio,” First Reading, Service Committee, and Resolution 2009-20R, “A resolution authorizing the City Manager to accept the dedication of a .004-acre, more or less, drainage easement from Richard T. Ricketts, said acreage located at 370 Hill Road, City of Pickerington, County of Fairfield, State of Ohio,” First Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mr. Sauer seconded the motion. Roll call was taken with Mr. Wisniewski, Mr. Sauer, Mrs. Hammond, Mr. Smith, Mr. Fix, Mrs. Sanders, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0. 

 

6.         APPROVAL OF AGENDA.  Mr. Fix moved to approve; Mrs. Sanders 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 Monthly Mayor’s Court Report had been distributed.  Mayor O’Brien stated he had hosted the Fairfield County Mayor’s Association meeting last week and it was a very good meeting.  Mayor O’Brien administered the Oath of Office to Brian Neill on his appointment to the Tree Commission. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he had provided Council a memo answering questions that staff and council had regarding code enforcement, and he would be happy to answer any questions.  Mr. Sabatino stated this would be an item for discussion at Safety Committee.   

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she had one appropriation ordinance on the agenda this evening for a second reading and she would request the final two readings this evening as there are some items that need to be taken care of.

 

            D.         SERVICE MANAGER.  Mr. Drobina stated he would answer any questions.  Mr. Wisniewski clarified the completion date for Diley Road was still on track for the end of October.  Mr. Hansley requested Mr. Drobina brief Council on some of the issues Mr. Starr had spoken to earlier.  Mr. Drobina stated Mr. Starr had requested the wider driveways and that is why they were put in, then he didn’t like it.  Mr. Drobina stated he had spoken to Igel regarding the hole in his yard and he was informed they would take care of it when they slope the yard.  Mr. Drobina further stated the contract Mr. Starr referred to was actually a right of entry for them to enter onto his property further than the construction lanes, so he signed a right of entry that stated they work would be done approximately September 30th.  Mr. Drobina stated it was not done on September 30th, and he had called ODOT on this and was informed since the contract said “approximately” they did not need another right of entry, but they planned on getting that done this week.  Mr. Drobina stated he felt the City has worked really hard to try to please Mr. Starr.  Mr. Wisniewski stated he would like Mr. Drobina to be well prepared for the Service meeting with documentation on what has been completed, what still needs to be done, etc.   

 

E.         CITY ENGINEER.  Mr. Bachman stated the main item he had tonight was Ordinance 2009-65, regarding the Hill Road culvert replacement, and he would be requesting emergency passage this evening.  Mr. Bachman stated this culvert was partially damaged last year and by going with emergency tonight we could still get that culvert constructed in November and not go through the winter and possibly the spring with it not being done.  Mr. Bachman stated he felt this would be in the best interest of the City. 

 

F.         CITY MANAGER.  Mr. Hansley stated he had provided a written report and he would answer any questions.  Mr. Hansley stated there were two potential action items and he thought the Mayor would ask for either committee referral or motions, and these would be the issue on the Rib Fest and the issue on the water tower painting and logo.  Mr. Wisniewski stated he was under the impression that the land was specifically donated to the City with the condition that no alcohol be allowed in the park, and that was one of the conditions on the land being donated.  Mr. Hansley stated there was nothing in the land donation regarding alcohol, that comes from the issue that it is a park and the ordinance that prohibits alcohol in a City park.  He stated should Council choose to they could waive enforcement of that ordinance, but there is no deed restriction. 

 

            G.        SERVICE COMMITTEE.  Mr. Wisniewski stated Service met on September 16th, and the minutes have been distributed.  He stated the two items regarding the Sycamore Creek East Relief Line came out of that meeting.  Mr. Wisniewski stated there was also extensive discussion regarding the TDS issue with the sewer plant discharge into the stream and we are still trying to pursue options on doing some stream sampling and having some other hope of modifying our TDS permit with the EPA instead of having to spend $1.5 million to put in the filtration system. 

 

            H.        SAFETY COMMITTEE.  Mr. Sabatino stated Safety also met on September 16th, and two items on tonight’s agenda are from that meeting.  He stated the first dealt with a donation from the NRA to the K-9 program and the second deals with parking on Center Street.  Mr. Sabatino stated they also had a number of residents attend who voiced their concerns on how our code enforcement actions have been done. 

 

8.         PROCEDURAL READINGS:

 

            A.        ORDINANCE 2009-60, “AN ORDINANCE APPROVING THE REZONING AND FINAL DEVELOPENT PLAN OF 101 HILL ROAD NORTH FROM R-4 (RESIDENTIAL) TO PO (PLANNED SUBURBAN OFFICE),” First Reading, Service Committee.  Mr. Wisniewski stated this was discussed at the public hearing earlier this evening.  Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 6-1. 

 

            B.         ORDINANCE 2009-61, “AN ORDINANCE AUTHORIZING THE CITY MANGER TO APPLY FOR OHIO PUBLIC WORKS COMMISSION (OPWC) GRANT FUNDS FOR CIP PROJECT NO. WW-09, SYCAMORE CREEK EAST RELIEF LINE, PHASE II (HILL ROAD TO WWTP),” First Reading, Service Committee.  Mr. Wisniewski clarified this ordinance dealt with applying for the grant for this project.  Mr. Wisniewski 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 2009-62, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT A LOAN FROM THE OHIO PUBLIC WORKS COMMISSION (OPWC) FOR THE PURPOSE OF CONSTRUCTING THE SYCAMORE CREEK EAST RELIEF LINE, PHASE II (HILL ROAD TO WWTP, CIP PROJECT #WW-09),” First Reading, Service Committee.  Mr. Wisniewski clarified this ordinance dealt with the loan from the OWPC for this project.  Mr. Wisniewski moved to adopt; Mr. Sauer 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 2009-63, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT A GRANT FROM THE NRA FOUNDATION TO BE USED TOWARD THE PURCHASE AND TRAINING OF A K-9 DOG,” First Reading, Safety Committee.  Mr. Sabatino stated this is an additional donation to help get our K-9 program back up and running.  Mr. Sabatino moved to adopt; Mrs. Sanders 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.         ORDINANCE 2009-64, “AN ORDINANCE AMENDING SECTION 1232.08 OF THE CITY’S CODIFIED ORDINANCES TO CHANGE PARKING RESTRICTIONS FROM ONE SIDE ONLY TO BOTH SIDES ON CENTER STREET BETWEEN EAST COLUMBUS STREET AND WEST CHURCH STREET,” First Reading, Safety Committee.  Mr. Sabatino stated the City will also be stripping the intersection to allow for both a right and left turn where Center Street dead ends into Columbus Street.  Mr. Sabatino moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, Mr. Sauer, and Mr. Smith voting “Yea.”  Motion passed, 7-0.

 

            F.         ORDINANCE 2009-65, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BEHELER EXCAVATING, INC., FOR THE REPLACEMENT OF THE HILL ROAD CULVERT,” First Reading, Council.  Mr. Fix stated this ordinance was prepared with emergency language should Council desire to pass it as an emergency, and requested Mrs. Yartin distribute that legislation to Council members.  Mr. Fix stated he would request everyone review the emergency language to see if they had any problem with passing this as an emergency.  Mr. Smith stated he thought this came close to being an emergency, however, he would have preferred to have a special council meeting and pass this with three readings.  He stated he would support this as an emergency, but it would be with reluctance.  Mr. Fix further clarified the waiver of Committee action was included in the ordinance.  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 Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Sauer, Mr. Fix, Mr. Wisniewski, and Mrs. Sanders voting “Yea.”  Suspension of  Rules passed, 7-0.  Mr. Wisniewski moved to adopt and declare the emergency; Mr. Fix 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, with emergency, 7-0. 

 

Mayor O’Brien clarified that Mr. Smith had left the meeting as he had to travel out of town and needed to make travel connections. 

 

            *G.      RESOLUTION 2009-19R, “A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE DEDICATION OF A .926-ACRE, MORE OR LESS, DRAINAGE EASEMENT FROM DAVID A GOOD AND A. JAMES GOOD, SAID ACREAGE LOCATED WEST OF HILL ROAD, SOUTH OF DILEY, AND NORTH OF THE TRAIN TRACKS, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mr. Sauer seconded the motion. Roll call was taken with Mr. Wisniewski, Mr. Sauer, Mrs. Hammond, Mr. Smith, Mr. Fix, Mrs. Sanders, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0.  (CONSENT AGENDA ITEM)

 

            *H.      RESOLUTION 2009-20R, “A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE DEDICATION OF A .004-ACRE, MORE OR LESS, DRAINAGE EASEMENT FROM RICHARD T. RICKETTS, SAID ACREAGE LOCATED AT 370 HILL ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mr. Sauer seconded the motion. Roll call was taken with Mr. Wisniewski, Mr. Sauer, Mrs. Hammond, Mr. Smith, Mr. Fix, Mrs. Sanders, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0.  (CONSENT AGENDA ITEM)

 

            I.          ORDINANCE 2009-58, “AN ORDINANCE AMENDING THE 2009 APPROPRIATION, ORDINANCE 2008-92,” Second Reading, Finance Committee. Mr. Fix stated he would request the final two readings this evening.  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. Sauer, Mr. Wisniewski, Mrs. Hammond, Mr. Fix, Mr. Sabatino, and Mrs. Sanders voting “Yea.”  Suspension of Rules passed, 6-0.  Mr. Fix moved to adopt; Mrs. Hammond seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            J.          ORDINANCE 2009-59, “AN ORDINANCE AMENDING CHAPTER 1067 OF THE CITY OF PICKERINGTON CODIFIED ORDINANCES ESTABLISHING STORWATER UTILITY CHARGES,” Second Reading, Finance Committee.  Mr. Fix moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Sanders, Mr. Sauer, Mr. Sabatino, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0. 

 

            K.        RESOLUTION 2009-16R, “A RESOLUTION ADOPTING THE 2009-2010 STRATEGIC PLAN FOR THE CITY OF PICKERINGTON,” Second Reading, Finance Committee.  Mayor O’Brien stated he would like to ask Council to consider waiving the rules for the last two readings.  He stated a lot of what they planned to execute out of the Strategic Plan needs to happen sooner than later and the longer this lingers on Council floor the less time staff has to be able to act on what they have been asked to do.  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. Sabatino, Mr. Fix, Mrs. Hammond, Mr. Sauer, Mrs. Sanders, and Mr. Wisniewski voting “Yea.”  Suspension of Rules passed, 6-0.  Mr. Fix moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Fix, Mrs. Sanders, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            L.         RESOLUTION 2009-17R, “A RESOLUTION APPOINTING INDIVIDUALS TO FILL POSITIONS ON THE CHARTER REVIEW BOARD,” Second Reading, Rules Committee.  Mr. Wisniewski stated he would be requesting the final two readings this evening so the Charter Review Board can be seated and begin their work.  Mr. Wisniewski moved to waive the requirement in Charter Section 2.06 that the ordinance be read on three separate meeting days; Mrs. Hammond seconded the motion.  Roll call was taken with Mr. Sauer, Mr. Wisniewski, Mrs. Hammond, Mr. Fix, Mr. Sabatino, and Mrs. Sanders voting “Yea.”  Suspension of Rules passed, 6-0.  Mr. Wisniewski moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            M.        RESOLUTION 2009-18R, “A RESOLUTION OF SUPPORT FOR THE PICKERINGTON HIGH SCHOOL CENTRAL MARCHING BAND’S PARTICIPATION IN THE 2010 ROSE PARADE,” Second Reading, Finance Committee.  Mr. Fix clarified that at their last meeting the Township Trustees passed similar legislation to match our donation.  Mr. Wisniewski stated he has received comments from residents who do not feel the City should be providing funds for a school activity.  Mrs. Yartin stated this item was on the Finance agenda and has not yet had Committee action.  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, Mrs. Sanders, Mr. Fix, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Suspension of Rules passed, 6-0.  Mr. Fix moved to waive Committee action and to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Sanders, Mr. Sauer, Mr. Sabatino, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0. 

 

9.         LEGISLATIVE READINGS:

           

            A.        ORDINANCE 2009-55, “AN ORDINANCE VACATING 0.341 ACRES, MORE OR LESS, OF OLD DILEY ROAD, LOCATED SOUTHWEST OF S.R. 256 AND 0.685 ACRES, MORE OR LESS, OF OLD DILEY ROAD, LOCATED SOUTH OF WINDMILLER DRIVE, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Third Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Wisniewski, Mr. Fix, Mrs. Hammond, Mr. Sauer, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

            B.         ORDINANCE 2009-56, “AN ORDINANCE TO AMEND THE PICKERINGTON CODIFIED ORDINANCES CHAPTER 1444 ENTITLED, “REGISTRATION OF CONTRACTORS,” Third Reading, Safety Committee.  Mr. Sauer moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Sauer, Mr. Wisniewski, Mr. Sabatino, Mrs. Hammond, Mrs. Sanders, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

            C.        ORDINANCE 2009-57, “AN ORDINANCE TO ACCEPT A DONATION FROM THE MILK-BONE CANINE HEROES PROGRAM TO BE USED TOWARD THE PURCHASE OF A NEW POLICE DOG,” Third Reading, Safety Committee.  Mr. Sabatino moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Fix, Mr. Sauer, Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

            D.        RESOLUTION 2009-15R, “A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO APPLY FOR THE 2009-2010 SCHOOL YEAR DRUG ABUSE RESISTANCE EDUCATION (DARE) LAW ENFORCMENT GRANTS PROGRAM,” Third Reading, Safety Committee.  Mr. Sabatino moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Wisniewski, Mrs. Hammond, Mr. Fix, Mr. Sauer, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

10.       DISCUSSION.  Mayor O’Brien stated attached to the Manager’s Report is a letter from the Committee Chairman of the Rib Fest requesting to locate the Beer Garden in Victory Park.  Mr. Hansley stated this would require a waiver by council of the ordinance prohibiting alcohol in the park.  Mr. Sabatino clarified that to the best of Chief Taylor’s knowledge alcohol has never been permitted in the park.  Mrs. Sanders stated as a Parks Board member, she has a problem with not only alcohol in the park, but it is adjacent to a school.  Mayor O’Brien stated it appeared there needed to be discussion on this issue so in the next section of the agenda he would refer this to Committee.  Mayor O’Brien stated the next item for discussion was regarding the decision of the paint color of the new water tower and the exact logo.  Mayor O’Brien inquired if this was a decision Council would like to make here or would they prefer it go to Committee, and determined it would be referred to Committee for discussion.  Mr. Hansley clarified the expectation was that Service Committee would then make a recommendation to Council at the next Council meeting. 

 

11.       REFERRAL TO COMMITTEE.  Mayor O’Brien stated he would like to refer the letter from the Chairman of the Rib Fest to Safety Committee for further discussion.  He stated he would also refer the discussion regarding the choice of water tower paint color and logo to Service Committee. 

 

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

 

13.       MOTIONS: 

 

            A.        Mr. Fix moved for Executive Session under Section 121.22(G)(3), pending or imminent court action; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Sauer, Mr. Fix, Mr. Wisniewski, and Mrs. Sanders voting “Yea.”  Motion passed, 6-0. 

 

Council adjourned into Executive Session at 8:45 P.M., and reconvened in open session at 9:38 P.M.

 

14.       ADJOURNMENT.  There being nothing further, Mrs. Hammond moved to adjourn; Mr. Sabatino seconded the motion.  Mr. Sabatino, Mrs. Sanders, Mrs. Hammond, Mr. Wisniewski, Mr. Sauer, and Mr. Fix voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 9:40 P.M., October 6, 2009. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

_______________________________

Mitch O’Brien, Mayor