PICKERINGTON CITY COUNCIL

TUESDAY, DECEMBER 1, 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, December 1, 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, Mrs. Hammond, Mr. Wisniewski, Mr. Sabatino, Mrs. Sanders, and Mayor O’Brien were present.  Mr. Smith was absent.  Others present were: Chief Mike Taylor, Lynda Yartin, Linda Fersch, Phil Hartmann, Ed Drobina, Greg Bachman, Mike McKinley, Devin Reany, Nate Ellis, Tony Barletta, Gavin Blair, Rachel Schofeld, Carol Carter, Niki Smith, Gary Taylor, and others. 

 

2.         APPROVAL OF MINUTES OF NOVEMBER 17, 2009, REGULAR MEETING.  Mr. Fix moved to approve; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Sauer, Mr. Fix, and Mrs. Sanders voting “Yea.”  Motion passed, 6-0. 

 

3.         COMMUNITY COMMENTS. 

 

A.        Gary Taylor, 309 Lockville Road.  Mr. Taylor stated he and his sister are fourth generation families living in Pickerington and he would like to address Council regarding the request to allow the beer garden in Victory Park for the Jazz and Rib Fest.  Mr. Taylor stated in January 1942 the ground that is Victory Park was gifted to Pickerington by Dr. W. D. Taylor, his grandfather, and by Mr. A. J. Good.  Mr. Taylor stated these were two very community-minded gentlemen doing something good for the community.  Mr. Taylor continued that the original park has been increased in size twice since then with land gifted by his father, Emerson Taylor, and his brother Dr. K. W. Taylor.  Mr. Taylor stated in transferring the ground back in 1942, the deed has a section that reads, “The above described premises shall be used only for recreation, religious, or educational purposes.  And, if used for any other purpose or purposes said premises shall at once revert back to and vest in the grantors, their heirs, and their assigns forever.”  Mr. Taylor stated he was not present in any way wanting to get that ground back to his family at all, but in honor of these two community-minded gentlemen he asked that Council be aware of what their intent was when they originally gifted that ground to the village.  He stated although the deed does not specifically say anything about any alcohol, but he thought the intent was there in the way it was worded and he asked that Council remember that and honor it.  Mr. Taylor stated since the request by the Jazz and Rib Fest he has heard that the Violet Festival is also talking about making the same request, and he questioned what would be next, would the Lions’ Club make the request for their event on Labor Day.  He stated further who else would make the request, and did we want Victory Park to become a beer garden park or whatever.  Mr. Taylor stated he asked for Council’s consideration when it came time to vote on this to remember how it was given by two very community-minded gentlemen.  

 

4.         COUNCIL COMMUNICATIONS.  Mrs. Hammond stated she would like to let everyone know that the Pickerington Area Food Pantry will be having an open house on December 4th from 6:30 to 8:30 P.M., and will help kick off their second annual Plaza of Lights fundraiser.  She stated the money they received from that event last year kept the food pantry going almost through this entire year and they are hoping for a similar success this year.  She stated the purpose of this fundraiser is to light up the plaza between the Carnegie Library and the next building.  She stated you can purchase a single light bulb for $5 or a string of lights for $125, or as many lights as you want.  She stated all the funds go directly to the food pantry.  Mrs. Hammond continued that you can also, with your Kroger Plus card, you can designate the food pantry as your charity and part of the proceeds will go to them.  She stated further the food pantry will always take donations of food. 

 

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. Wisniewski seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Sauer, Mrs. Hammond, Mr. Fix, Mrs. Sanders, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

7.         REPORTS:   

 

A.        MAYOR.  Mayor O’Brien stated the Monthly Mayor’s Court Report has been distributed.  Mayor O’Brien further stated the Christmas tree lighting in Gazebo Park will be on Friday, December 4th.  Mayor O’Brien stated he would like to thank everyone who had responded to the City’s request for donation of a tree.  Mayor O’Brien further stated he would like to mention the Hill Road culvert project and the efficiency with which it was conducted.  Mayor O’Brien stated he would like to thank the contractor and all City staff members who helped make sure this project went quickly and tired to cause as little inconvenience as possible. 

 

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

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated Item 8.A, on tonight’s agenda is the 2010 Budget ordinance.  She further stated she would request two readings on the appropriation ordinance, Item 8.B., on tonight’s agenda as she is required to make an extra insurance payment due to changing carriers.  Mrs. Fersch stated also she would request the final two readings on Item 8.C., appointing Mr. Schornack as Finance Director.  Mrs. Fersch stated she has officially submitted her resignation as Finance Director effective December 31st, and then Mr. Schornack will take that position as of January 1, 2010.    

 

            D.         SERVICE MANAGER.  Mr. Drobina stated he had no report this evening, but would answer any questions. 

 

E.         CITY ENGINEER.  Mr. Bachman stated the sewer replacement project is moving along and the contractor is trying to finish the extension of Town Square Drive to Center Street yet this year. 

 

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

 

            G.        FINANCE COMMITTEE.  Mr. Fix stated Finance met multiple times in November to finalize the budget, which is before Council tonight, and on which a public hearing was held earlier this evening.  Mr. Fix stated he would be happy to answer any questions. 

 

            H.        SERVICE COMMITTEE.  Mr. Wisniewski stated Service Committee met on November 18th, and did not forward any items for tonight’s agenda.  Mr. Wisniewski stated he would answer any questions. 

 

            I.          SAFETY COMMITTEE.  Mr. Sabatino stated Safety Committee also met on November 18th, and the primary discussion was regarding the issue of allowing the beer garden in the park.  Mr. Sabatino stated that issue had been voted on at Safety Committee and passed with a 2-1 vote; however, prior to coming to Council it would be on the Safety Committee agenda on December 16th, because the resolution also requires waiving the sections of the Code that prohibits consumption of alcohol in City parks.  Mr. Sabatino stated he would answer any questions. 

 

8.         PROCEDURAL READINGS:

 

            A.        ORDINANCE 2009-91, “AN ORDINANCE ADOPTING THE BUDGET FOR THE 2010 FISCAL YEAR BEGINNING JANUARY 1, 2010,” First Reading, Finance Committee.  Mr. Fix moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            B.         ORDINANCE 2009-92, “AN ORDINANCE AMENDING THE 2009 APPROPRIATION, ORDINANCE 2008-92,” First Reading, Finance Committee.  Mr. Fix stated this was the ordinance that Mrs. Fersch had requested two readings on tonight.  Mr. Fix moved to waive the requirement in Charter Section 2.06 that the ordinance be read on three separate meeting days for the purpose of a first and second reading this evening; Mrs. Hammond seconded the motion.  Roll call was taken with Mrs. Sanders, Mrs. Hammond, Mr. Sauer, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Mr. Fix moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            C.        ORDINANCE 2009-83, “AN ORDINANCE APPOINTING CHRIS SCHORNACK TO THE POSITION OF FINANCE DIRECTOR AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT,” Second 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 for the purpose of a second and final reading; 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; Mrs. Hammond 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. 

 

            D.        ORDINANCE 2009-86, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SCHOTTENSTEIN, ZOX, & DUNN CO., L.P.A. FOR GENERAL LEGAL SERVICES,” Second Reading, Finance Committee. Mr. Sabatino stated although we have had the services of this firm for a number of years, and he has never had any question about the quality of their work, he continued to express his opinion that the City pays too much for its legal services.  Mr. Wisniewski stated he would contend that when we paid a cheaper premium for legal services we found ourselves involved in many law suits, one of which we are still working to settle today, and others that have cost us far more than what our contract with Schottenstein is.  Mr. Sabatino stated he just felt there were many good law firms that were not as prestigious or as expensive as the one we are using.  Mr. Fix moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Fix, Mrs. Sanders, Mr. Wisniewski, Mr. Sauer, and Mrs. Hammond voting “Yea.”  Motion passed, 5-1. 

 

            E          ORDINANCE 2009-90, “AN ORDINANCE ADOPTING A CAPITAL IMPROVEMENTS PLAN (CIP) FOR 2010 – 2014,” Second Reading, Finance Committee.  Mr. Fix moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Fix, Mrs. Hammond, Mr. Wisniewski, Mr. Sabatino, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

9.         LEGISLATIVE 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,” Third Reading, Safety Committee.  Mr. Fix moved to adopt; Mr. Wisniewski 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. 

 

            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,” Third Reading, Safety Committee.  Mr. Sabatino moved to adopt; Mrs. Sanders 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. 

 

10.       DISCUSSION.  Mayor O’Brien requested clarification on the issue of allowing alcohol in the City parks.  Mr. Sabatino stated while a vote had been taken in Safety Committee regarding allowing the Jazz and Rib Fest and the beer garden to be moved to Victory Park, there was also the issue of allowing consumption of alcohol in the park as we have an ordinance on the books that specifically prohibits that.    Mr. Sabatino stated Council would have to take some action to allow for consumption of alcohol in the park and that is the draft resolution that will be on Safety Committee’s agenda for discussion.  Mayor O’Brien further clarified the ordinance is for all parks, and Mr. Hartmann stated what he had prepared was a resolution to waive the enforcement of that statute for the period of time of the event.  Mr. Wisniewski stated the draft resolution deals strictly with Victory Park and the Jazz and Rib Fest.  Mr. Hartmann stated this action would need to be taken for each event that made the request.  Mayor O’Brien stated this would be precedent setting and Mr. Wisniewski stated he agreed and he felt it was a bad precedent. 

 

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:  There were no motions. 

 

14.       ADJOURNMENT.  There being nothing further, Mr. Fix moved to adjourn; Mrs. Hammond seconded the motion.  Mr. Sabatino, Mr. Sauer, Mr. Fix, Mrs. Hammond, Mr. Wisniewski, and Mrs. Sanders voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 8:05 P.M., December 1, 2009. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

_______________________________

Mitch O’Brien, Mayor