PICKERINGTON CITY COUNCIL

TUESDAY, DECEMBER 15, 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 15, 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, Rex Myers, Gary Taylor, Nate Ellis, Harry Myer, Carol Carter, Fred Holmes, Justine Bates, James Bates, Sr., Rob Pike, Pastor Jim Riggs, Devin Reany, Tony Barletta, Gavin Blair, Rachel Schofeld, and others. 

 

2.         A.        APPROVAL OF MINUTES OF DECEMBER 1, 2009, PUBLIC HEARING REGARDING PROPOSED 2010 BUDGET.  Mr. Fix moved to approve; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Smith abstaining, and Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Sauer, Mr. Fix, and Mrs. Sanders voting “Yea.”  Motion passed, 6-0. 

 

B.         APPROVAL OF MINUTES OF DECEMBER 1, 2009, REGULAR MEETING.  Mrs. Hammond moved to approve; Mr. Fix 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.         PRESENTATION BY VOLUNTEER ENERGY.  Mr. Fred Holmes stated he was present to address the gas aggregation program.  Mr. Holmes stated for the past few weeks they have been answering questions from residents regarding the opt out program.  He stated the deadline to opt out was today and he was happy to report that less than one percent of the residents chose to opt out of the program.  Mr. Holmes stated in approximately five days Columbia Gas will be sending out post cards and that may generate more questions from residents.  Mr. Holmes stated in April Columbia Gas will be getting out of the supply business and will be going to an auction.  He continued that their contract states they will go to a variable rate program when that occurs and they will not know what will happen until the auction in February.  He stated if they need to readdress their rate at that time, they will do that.  Mr. Holmes stated he wanted to assure everyone that no-one will get hurt in this and the program they have in Pickerington is a guaranteed ten percent savings off the GPR.  Mr. Holmes stated he would like to let everyone know if they would like to try the program for six months or so, they can opt out if they are not happy and there is no cancellation fee.  He stated there is no risk to the residents in this program.  Mr. Wisniewski inquired if there would be a contact phone number on the notice coming out from Columbia Gas and Mr. Holmes stated he did not know, but anyone calling the City would be referred to his office and they would answer all questions.  Mr. Smith stated he had sent a letter to Mr. Munn at Volunteer Energy and his response was less than informative.  Mr. Smith stated he is one of the residents who is already a Volunteer Energy customer so he did not get an opt out letter.  He questioned if there would be any communication to those customers to give them the opportunity to opt in to Pickerington’s program.  Mr. Holmes stated he was not sure but he would research that issue and get back to Mr. Smith.  Mayor O’Brien ascertained there were no further questions for Mr. Holmes. 

 

4.         COMMUNITY COMMENTS. 

 

A.        Mr. Rob Pike, Office of the Auditor of State.  Mr. Pike stated he was present this evening to recognize the City of Pickerington for their excellence in financial accountability.  Mr. Pike stated the “Making your tax dollars count” award is for the fiscal year 2008, and is presented to fewer than five percent of all Ohio government agencies.  Mr. Pike presented the award to Linda Fersch, Finance Director. 

 

B.         Rex Myer, 261 Pearl Lane.  Mr. Myer stated he would like to state how nice it is to drive Diley Road now that you can go from U.S. 33 to S.R. 256 without all of the stop and go. 

 

5.         COUNCIL COMMUNICATIONS.  Mr. Fix stated over the past four years he has had the opportunity to work with Mike Sabatino and Keith Smith and he has appreciated working with both of them.  He stated he would like to thank both of them for the time they have served, they have both done their job admirably and with what they felt were in the best interests of the citizens. 

 

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 he had no report this evening but would answer any questions. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he is still working with the Township’s attorney on the noise ordinance and he hoped to have an update by the first of the year on some type of co-enforcement of the ordinance. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she would request three readings on the appropriation ordinance, Item 9.A. on the agenda, and she would ask for the final two readings on the 2010 Budget. 

 

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

 

E.         CITY ENGINEER.  Mr. Bachman stated the extension of Town Square Drive will be completed early next year.  He stated the weather did not cooperate with getting it done this year, but they came very close.  Mr. Bachman stated he would answer any questions.  Mr. Smith inquired if the speed limit on Diley Road was going to remain at 35 MPH, and Mr. Bachman stated the road is designed for 45 MPH and he would be doing a speed study after the holidays and also some research on the reason for the decision to keep it at 35 MPH after the construction was complete. 

 

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 on December 2nd, and most of the items on tonight’s agenda came out of that meeting.  He stated he would answer any questions. 

 

9.         PROCEDURAL READINGS:

 

            A.        ORDINANCE 2009-93, “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. Sanders, Mrs. Hammond, Mr. Sauer, Mr. Smith, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules 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. 

 

            B.         RESOLUTION 2009-27R, “ANNUAL RESOLUTION TO REQUEST ADVANCE DISTRIBUTION OF TAX MONIES OF 2.3 MILL GENERAL OPERATING LEVY FROM THE FAIRFIELD COUNTY AUDITOR PURSUANT TO SECTION 321.34, OHIO REVISED CODE,” First Reading, Finance Committee.  Mr. Fix moved to adopt; Mrs. Hammond 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.        RESOLUTION 2009-28R, “ANNUAL RESOLUTION TO RQUEST ADVANCE DISTRIBUTION OF TAX MONIES OF 5.5 MILL POLICE OPERATING LEVY FROM THE FAIRFIELD COUNTY AUDITOR PURSUANT TO SECTION 321.34, OHIO REVISED CODE,” 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, Mr. Sauer, and Mr. Smith voting “Yea.”  Motion passed, 7-0. 

 

            D.        RESOLUTION 2009-29R, “A RESOLUTION AMENDING RESOLUTION 2008-18R, ITEMS APPROPRIATED IN THE 2009 BUDGET AND AUTHORIZING TOTAL AMOUNT OF TRANSFERS TO NOT EXCEED AMOUNTS APPROVED, INCLUDING ANY FUTURE AMENDMENTS DURING THE 2009 BUDGET YEAR,” 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 dates; Mrs. Hammond seconded the motion.  Roll call was taken with Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Sauer, Mr. Fix, Mr. Wisniewski, and Mrs. Sanders voting “Yea.”  Suspension of Rules passed, 7-0.  Mr. Fix moved to adopt; Mrs. Hammond 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. 

 

            E.         RESOLUTION 2009-30R, “A RESOLUTION OF ITEMS APPROPRIATED IN THE 2010 BUDGET AND AUTHORIZING TOTAL AMOUNT OF TRANSFERS TO NOT EXCEED AMOUNTS APPROVED, INCLUDING ANY FUTURE AMENDMENTS DURING THE 2010 BUDGET YEAR,” 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 dates; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Sabatino, Mr. Fix, Mrs. Hammond, Mr. Sauer, Mr. Smith, and Mr. Wisniewski voting “Yea.”  Suspension of Rules passed, 7-0.  Mr. Fix moved to adopt; Mrs. Hammond seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Sauer, Mrs. Hammond, Mr. Wisniewski, and Mrs. Sanders voting “Yea.”  Motion passed, 7-0. 

 

            F.         ORDINANCE 2009-91, “AN ORDINANCE ADOPTING THE BUDGET FOR THE 2010 FISCAL YEAR BEGINNING JANUARY 1, 2010,” 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 dates; Mr. Wisniewski seconded the motion.  Mr. Fix stated he was requesting the final two readings on this ordinance.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sauer, Mrs. Sanders, and Mr. Wisniewski voting “Yea.”  Suspension of Rules passed, 7-0.  Mr. Fix moved to adopt; Mr. Smith 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. 

 

10        .LEGISLATIVE READINGS:

 

            A.        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,” Third Reading, Finance Committee.  Mr. Sabatino stated while he appreciated the fine work this firm does, he felt they were a little pricey for what we should be paying.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Fix, Mr. Sauer, Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, and Mr. Smith voting “Yea.”  Motion passed, 6-1. 

 

            B          ORDINANCE 2009-90, “AN ORDINANCE ADOPTING A CAPITAL IMPROVEMENTS PLAN (CIP) FOR 2010 – 2014,” 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 2009-92, “AN ORDINANCE AMENDING THE 2009 APPROPRIATION, ORDINANCE 2008-92,” Third Reading, Finance Committee.  Mr. Fix moved to adopt; Mrs. Hammond 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. 

 

11.       DISCUSSION.  Mr. Smith stated he has learned a lot over the past four years and he would like to thank his fellow council members.  He stated he would also like to thank Council employees and the city staff.  Mr. Smith stated Council has asked the staff to go way over and above what they have had to do in the past with the hiring freezes, the budget woes, and he appreciates all they have done with keeping the doors to City Hall open, the streets plowed and maintained, and keeping the parks open, and all of the other things our City staff does.  He stated he appreciated this not only as a council member, but as a resident of the City as well.  Mr. Smith stated he would just like to thank everyone.  

 

            Mr. Wisniewski stated he would like to thank Mr. Smith and Mr. Sabatino for all the time they have put in as well and he appreciated the job they have done.  Mayor O’Brien stated he would also like to thank Mr. Sabatino and Mr. Smith for their service and he appreciated the fact that they always put the City first and every decision they made was honestly what they thought was best for the City.  Mayor O’Brien stated he learned a lot from both Mr. Sabatino and Mr. Smith and he felt that was one of the greatest compliments you could offer to anyone.

 

            Mayor O’Brien presented Mr. Smith and Mr. Sabatino with awards in honor of their service on City Council. 

 

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

 

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

 

14.       MOTIONS:  Mr. Fix moved for Executive Session under Section 121.22(G)(4), matters involving collective bargaining with public employees; Mr. Smith 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. 

 

Council adjourned into Executive Session at 8:20 P.M. and reconvened in open session at 8:20 P.M.

 

15.       ADJOURNMENT.  There being nothing further, Mr. Wisniewski 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 8:22 P.M., December 15, 2009. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

_______________________________

Mitch O’Brien, Mayor