PICKERINGTON CITY COUNCIL

TUESDAY, NOVEMBER 3, 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, November 3, 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: Chief Mike Taylor, Lynda Yartin, Linda Fersch, Phil Hartmann, Ed Drobina, Greg Bachman, Carol Carter, Devin Reany, Nate Ellis, Gavin Blair, Tony Barletta, Gary Weltlich, Tracy Conforti, Doug Blake, Pastor Cuenin, Mike McKinley, and others. Pastor Cuenin of Beren Baptist Church delivered the invocation.

2. A. APPROVAL OF MINUTES OF OCTOBER 20, 2009, REGULAR MEETING. Mr. Sabatino moved to approve; Mr. Sauer 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 OCTOBER 28, 2009, SPECIAL MEETING. Mr. Sauer moved to approve; Mrs. Sanders seconded the motion. Roll call was taken with Mr. Smith abstaining, and Mr. Sabatino, Mr. Fix, Mr. Sauer, Mrs. Hammond, Mrs. Sanders, and Mr. Wisniewski voting “Yea.” Motion passed, 6-0.

3. MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(1)b, MATTERS INVOLVING AN EMPLOYEE OR PUBLIC OFFICIAL’S EMPLOYMENT, AND SECTION 121.22(G)3, MATTERS INVOLVING PENDING OR IMMINENT COURT ACTION. Mr. Wisniewski moved for Executive Session under subject sections; 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.

Council adjourned into Executive Session at 7:35 P.M., and reconvened in open session at 8:05 P.M.

4. COMMUNITY COMMENTS.

A. Mike McKinley. Mr. McKinley stated he would like to address Council regarding city personnel. He stated as everyone knows Mr. Hansley was terminated and while he strongly disagreed with that decision, it has been made and we can’t go back and change it. Mr. McKinley stated, therefore, we need to deal with what is coming in the future because not only did Council release the City Manager, he was also the Director of Development. He continued that although there is a hiring freeze for the City of Pickerington he felt it was important that the city have a Director of Development. He stated you have an Interim City Manager but you need a permanent Director of Development because with the economy and Diley Road and all the development that is going on, the City needs someone to manage that with a strategic vision to enact that and liaison with the business community. Mr. McKinley stated with regard to objections that you don’t have enough money; there is plenty of money to go around as far as hiring a Director of Development. Also, as far as the hiring of a City Manager and a Director of Development he felt it was important for the Mayor and members of the community to form a partnership to interview the candidates and to appoint a new City Manager. He stated he felt that would be in the best interests, because Council could stay away from that and the community will have more of a say into what type of City Manager the City has.

B. Carol Carter. Ms Carter stated she was present this evening to let Council know how disappointed with them. She stated it is amazing what they could do to an entire community with one action. Ms Carter continued that even all of Council did not agree with the dismissal and it took the Mayor’s vote to terminate him. She stated further this action upset an awful lot of residents and she felt it was sneaking and underhanded to do it two weeks before an election. She stated one statement or one thing that happens in the City can change a person’s vote, so you did not let people sit back and vote for who they felt like voting for. Ms Carter stated Mr. Hansley had not had that long to correct the problems in the City. She stated she felt this has upset a great number of people and they will be watching what Council does now, and perhaps Mr. McKinley is right and you should let residents have a little bit of say so on who you hire.

C. Doug Blake. Mr. Blake stated he has served on various committees for the city so he has worked with two of the previous City Managers. Mr. Blake stated he has heard comments that the City Manager brought the community together. He stated he has attended meetings in this room for ten years and he has seen council fight and bicker, but since this council has been here he has not seen that. He stated he does not credit that to the City Manager, he gave it to the elected officials. Mr. Blake stated further anyone that thought they knew what went on behind those closed doors are fools. He stated no-one knows what went on, we can all come to a conclusion of what went on, but do we really know. These people know and they have taken an oath to keep that between the, so if anyone has released that, in his opinion they were morally and legally wrong. Mr. Blake stated he put his trust in the seven elected officials, and if the numbers are still here after tonight, great, and if they are not, that is the way the chips fall. Mr. Blake stated they made a decision and they will live by it. Mr. Blake stated citizens can speculate on what went on, but really have no clue.

D. Tracey Conforti. Ms Conforti stated she had addressed Council at the last meeting, and she was extremely disappointed that her words meant nothing to the majority of council. Ms Conforti stated when she spoke she was representing the 200 some homes in her subdivision and she was thoroughly disgusted that some people thought her opinion didn’t matter. She continued she agreed that she did not know what went on behind closed doors, she did not know what the supposed differences were, but she would like to know what Mr. Hansley did wrong in order for him to lose his job.

5. COUNCIL COMMUNICATIONS. None.

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

7. APPROVAL OF AGENDA. Mr. Fix moved to approve; Mrs. Sanders 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.

8. REPORTS:

A. MAYOR. Mayor O’Brien stated the Monthly Mayor’s Court Report had been distributed.

B. LAW DIRECTOR. Mr. Hartmann stated he had nothing to report, but would answer any questions.

C. FINANCE DIRECTOR. Mrs. Fersch stated she had nothing to report this evening, but would answer any questions.

D. SERVICE MANAGER. Mr. Drobina stated Diley Road is open and the barrels are gone and the traffic signals are operational. He stated the contractor will be in town for a few days to clean up some items.

E. CITY ENGINEER. Mr. Bachman stated Center Street was closed today to get the storm sewer pipe across the street, but it is open tonight. He further stated the contractor will be cutting in the Town Square Drive extension in the next week or so. Mr. Bachman further stated council had received a draft CIP, and he was open to any questions, suggestions, etc., on that draft as this is his first time going through the process here.

F. CITY MANAGER. Chief Taylor stated he had provided a written report and he would try to answer any questions.

G. SERVICE COMMITTEE. Mr. Wisniewski stated Service Committee met on October 21^st, and they had no legislation on tonight’s agenda.

H. SAFETY COMMITTEE. Mr. Sabatino stated Safety also met on October 21^st, and they had two pieces of legislation on tonight’s agenda to accept donations for the K-9 program.

9. PROCEDURAL READINGS:

A. ORDINANCE 2009-80, “AN ORDINANCE TO ACCEPT A DONATION FROM BW TIRE OF PICKERINGTON, LTD., TO BE USED FOR THE CITY’S K-9 PROGRAM,” First Reading, Safety Committee. Mr. Sabatino moved to adopt; Mr. Fix 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.

B. ORDINANCE 2009-81, “AN ORDINANCE TO ACCEPT A DONATION FROM THE BIG WALNUT 3261 CHARITY FUND, INC., TO BE USED FOR THE CITY’S K-9 PROGRAM,” First Reading, Safety Committee. Mr. Fix clarified that with these two donations we were about $1,400 away from having the funds needed. Mayor O’Brien clarified that The Big Walnut Charity Fund was a charity from the surrounding area dealing with bingo proceeds that are donated to good causes. Mr. Smith stated he assumed those games are allowed to operate because they give away their proceeds and Chief Taylor stated that was correct. Mr. Sabatino moved to adopt; Mr. Fix 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.

C. ORDINANCE 2009-66, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $130,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING AND ACQUIRING IMPROVEMENTS AND RENOVATIONS TO THE CITY HALL AND BUILDING DEPARTMENT BUILDING,” Second Reading, Finance Committee. Mr. Fix moved to adopt; Mr. Sauer 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.

D. ORDINANCE 2009-67, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $1,200,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO THE SANITARY SEWER COLLECTION AND TREATMENT SYSTEM OF THE CITY, INCLUDING PHASES 2-C, 3, AND 4 OF THE D-LINE SEWER,” Second Reading, Finance Committee. Mr. Fix 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.

E. ORDINANCE 2009-68, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $1,900,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF CONSTRUCTING STREET IMPROVEMENTS KNOWN AS THE COURTRIGHT ROAD REALIGNMENT, AND STREETS, SIDEWALKS, CURBS AND GUTTERS, AND OTHER STREET IMPROVEMENTS IN THE DOWNTOWN AREA OF THE CITY,” Second Reading, Finance Committee. Mr. Fix moved to adopt; Mr. Sauer 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.

F. ORDINANCE 2009-69, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $3,900,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO THE WATER SUPPLY AND WATERWORKS SYSTEM OF THE CITY, INCLUDING IMPROVEMENTS AT THE WATER TREATMENT PLANT AND CONSTRUCTION OF A NEW WATER STORAGE TOWER AND APPURTENANCES THERETO,” Second Reading, Finance Committee. Mr. Fix moved to adopt; Mrs. Sanders 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.

G. ORDINANCE 2009-70, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $200,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING, CONSTRUCTING, EQUIPPING, AND FURNISHING A POLICE BUILDING,” 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.

H. ORDINANCE 2009-71, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $235,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING AND INSTALLING TRAFFIC CONTROL DEVICES AND RELATED STREET IMPROVEMENTS,” Second Reading, Finance Committee. Mr. Fix moved to adopt; Mrs. Sanders 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.

I. ORDINANCE 2009-72, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $350,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING REAL PROPERTY FOR PURPOSES OF THE CITY,” Second Reading, Finance Committee. Mr. Fix moved to adopt; Mrs. Sanders 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 2009-73, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $500,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF OBTAINING ENGINEERING AND DESIGN SERVICES FOR PROPOSED IMPROVEMENTS TO THIS MUNICIPALITY’S SEWAGE TREATMENT PLANT,” Second Reading, Finance Committee. Mr. Fix moved to adopt; Mrs. Sanders 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.

K. ORDINANCE 2009-74, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $270,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF CONSTRUCTING IMPROVEMENTS TO DILEY ROAD,” Second Reading, Finance Committee. Mr. Fix moved to adopt; Mrs. Sanders 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.

L. ORDINANCE 2009-75, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $389,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF CONSTRUCTING STORM WATER DRAINAGE IMPROVEMENTS CONSISTING OF A DOWNTOWN OUTFALL AND REPLACEMENT OF A CULVERT ON STATE ROUTE 256,” Second Reading, Finance Committee. Mr. Fix moved to adopt; Mrs. Sanders 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.

M. ORDINANCE 2009-76, “AN ORDINANCE CONSOLIDATING UP TO TEN BOND ANTICIPATION NOTE ISSUES OF THE CITY OF PICKERINGTON, OHIO, INTO A CONSOLIDATED NOTE ISSUE, AND ESTABLISHING THE TERMS OF SUCH CONSOLIDATED NOTE ISSUE,” Second Reading, Finance Committee. Mr. Fix moved to adopt; Mrs. Sanders 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.

N ORDINANCE 2009-78, “AN ORDINANCE TO ACCEPT A DONATION FROM THE AMERICAN LEGION, POST NO. 283, TO BE USED FOR THE CITY’S K-9 PROGRAM,” Second Reading, Finance Committee. Mr. Fix moved to adopt; Mrs. Sanders 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.

O. RESOLUTION 2009-21R, “A RESOLUTION DESIGNATING FINANCIAL INSTITUTIONS AS PUBLIC DEPOSITORIES,” Second Reading, Finance Committee. Mr. Smith he understood we have received quotes on interest from financial institutions where we deposit money. Mrs. Fersch stated right now all of the interest rates are very low so she is investing in what is called a Cedars Program where she invests a sum of money and it is spread across different banks throughout the United States, and it is insured by FDIC. She stated our local bank, Fairfield National, does get the credit for the money. Mr. Smith ascertained the institution where we have our checking account, CDs or whatever has offices within the City. Mr. Fix moved to adopt; Mr. Smith seconded the motion. Roll call was taken with Mr. Wisniewski abstaining, Mr. Smith voting “Nay” and Mr. Fix, Mrs. Sanders, Mr. Sauer, Mr. Sabatino, and Mrs. Hammond voting “Yea.” Motion passed, 5-1.

10 .LEGISLATIVE READINGS:

A. 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),” Third Reading, Service Committee. Mr. Wisniewski moved to adopt; Mr. Fix 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 2009-62, “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),” Third Reading, Service Committee. Mr. Wisniewski moved to adopt; Mr. Fix 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 2009-63, “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,” Third Reading, Safety Committee. Mr. Sabatino moved to adopt; Mrs. Sanders seconded the motion. Roll call was taken with Mrs. Sanders, Mr. Wisniewski, Mr. Sabatino, Mr. Sauer, Mr. Fix, Mrs. Hammond, and Mr. Smith voting “Yea.” Motion passed, 7-0.

D. 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,” 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, Mr. Smith, Mr. Sabatino, and Mrs. Hammond voting “Yea.” Motion passed, 7-0.

11. DISCUSSION. Mr. Smith stated everyone had heard the comments at the beginning of the agenda about the disappointment regarding Mr. Hansley and the circumstances of his termination. He stated his concern was twofold on this, first that not all council members had the exact same information available to them and that was very disturbing to him. He stated secondly, during the special Council meeting on Wednesday, the Mayor indicated he had violated some Code of Honor. Mr. Smith stated he had spent the day going through the Charter, the Administrative Code, and the ORC, and he could not find any reference to a Code of Honor and he could not find where his oath of office referenced a Code of Honor, and he had gone through the training sessions at OML about the behavior expected of elected officials, and still there was no reference to a Code of Honor. Mr. Smith stated being a retired Army officer; he took that very seriously because honor is very important to him. Mr. Smith stated he wanted to let the Mayor know that he took his comment very seriously and he did not feel he had violated any Code of Honor.

12. REFERRAL TO COMMITTEE. Mayor O’Brien stated he had nothing to be referred to committee this evening.

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

14. MOTIONS: There were no motions.

15. ADJOURNMENT. There being nothing further, Mr. Fix moved to adjourn; Mrs. Hammond seconded the motion. Mrs. Sanders, Mr. Fix, Mr. Sauer, Mr. Smith, Mr. Wisniewski, Mr. Sabatino, and Mrs. Hammond voted “Aye.” Motion carried, 7-0. The meeting adjourned at 8:43 P.M., November 3, 2009.

RESPECTFULLY SUBMITTED:

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Lynda D. Yartin, Municipal Clerk

ATTEST:

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Mitch O’Brien, Mayor