PICKERINGTON CITY COUNCIL

TUESDAY, FEBRUARY 16, 2010

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, February 16, 2010, at City Hall.  Mayor O’Brien called the meeting to order at 7:30 P.M.  Roll call was taken as follows:  Mr. Barletta, Mr. Blair, Mr. Fix, Mrs. Hammond, Mrs. Sanders, Mr. Sauer, Mr. Wisniewski, and Mayor O’Brien were present.  No members were absent.  Others present were: Chief Mike Taylor, Lynda Yartin, Asan Hague, Chris Schornack, Ed Drobina, Greg Bachman, Linda Fersch, Nate Ellis, Rachel Schofeld, Richard Waugh, Carol Carter, Brian Fox, Caroline Kowis, Mark Heiner, Pastor Josh Remy, and others. 

 

Mayor O’Brien stated before continuing with the agenda he would like to state that he and the City of Pickerington lost a friend over the weekend.  He stated Brian Stoner, a co-owner of Rule(3) tragically lost his life on Saturday morning.  He stated he got to know Brian during the development of Rule(3).  Mayor O’Brien stated Brian has left a legacy that will benefit the City long into the future and he would ask that the community keep his family and the Rule(3) family in their thoughts and prayers.    Pastor Josh Remy delivered the invocation. 

 

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

 

3.         COMMUNITY COMMENTS. 

 

A.        Mark Heiner.  Mr. Heiner stated he would like to introduce himself to Council as he is the new Commissioner for the Pickerington Youth Athletic Association.  He stated the PYAA and the City have had a long relationship and he would like to continue that and build on it and grow as they move forward.  He stated they are currently working with a number of the City’s staff on various projects and everyone is being very helpful.  He stated he hoped to be back in the next few months with news of a complex expansion. 

 

B.         Brian Fox.  Mr. Fox stated he was present representing the Pickerington Lions’ Club.  Mr. Fox stated he had addressed Council several months ago about some of the projects the Lions’ Club has done for the City of Pickerington as well as the greater community since 1946.  He stated one of the organizations the Lions’ Club loves to help out is the Pickerington Police Department and the Club would like to make a donation to the K-9 Unit that is being added to the Police Department.  Mr. Fox presented a check in the amount of $500.00 to Chief Taylor and stated the Lions’ Club appreciates the opportunity to serve once again. 

 

4.         COUNCIL COMMUNICATIONS.  None. 

 

5.         APPROVAL OF CONSENT AGENDA.  Mayor O’Brien stated there was one consent agenda item this evening.  Resolution 2010-03R, a Resolution re-appointing Barbara England to the Personnel Appeals Board.  Mr. Fix moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Barletta, Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Blair, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 7-0.  

6.         APPROVAL OF AGENDA.  Mrs. Sanders moved to approve; Mr. Sauer seconded the motion.  Mr. Wisniewski moved to amend the agenda to add Ordinance 2010-13, an ordinance amending the 2010 appropriation; Mr. Fix seconded the motion.  Roll call was taken on the motion to amend with Mr. Barletta, Mr. Sauer, Mr. Fix, Mr. Blair, Mrs. Hammond, Mr. Wisniewski, and Mrs. Sanders voting “Yea.”  Motion passed, 7-0.  Roll call was taken on the agenda as amended with Mr. Wisniewski, Mr. Sauer, Mrs. Hammond, Mr. Blair, Mr. Fix, Mrs. Sanders, and Mr. Barletta voting “Yea.”  Motion passed, 7-0. 

 

7.         REPORTS:   

 

A.        MAYOR.  Mayor O’Brien stated he had nothing further to report. 

 

B.         LAW DIRECTOR.  Mr. Hague stated he had no report this evening.   

 

C.        FINANCE DIRECTOR.  Mr. Schornack stated our electronic income tax filing system is up and running and we have been getting a good response on that.  He stated he would like to add that the ordinance that was added to the agenda this evening was for an additional $30,000 for road salt.  Mr. Fix clarified that with this appropriation we should have enough salt to last through the remainder of this winter. 

 

            D.         SERVICE MANAGER.  Mr. Drobina stated he and Ms VanCleave had met with the EPA last Friday concerning our TDS problem at the wastewater plant.  He stated we need to comply with our NPDS permit at the wastewater plant so we will have to change treatment at the plant or put out hard water.  Mr. Wisniewski stated then the $13,000 for the legal fees and the testing was for naught.  Mr. Drobina stated that was correct, the EPA said we could do all the studies we want on the stream but until we can convince them that we are not hurting the stream we need to comply with our NPDS permit.  Mayor O’Brien inquired what other options there were, we had hired a firm that proved we were not harming the stream.  Mr. Drobina stated we have no other options.  Mr. Wisniewski stated we did prove we were not harming the stream, but the EPA did not care.  Mr. Drobina stated the EPA is not convinced that we have proved it.  Mr. Fix inquired if our attorney that has been representing us on this issue attend Service Committee tomorrow night and Mr. Wisniewski stated he was sure Mr. Samuels would be happy to attend Service Committee.  Mr. Wisniewski asked Mr. Hague to contact Mr. Samuels and ensure he would attend the meeting tomorrow evening.  Mr. Fix stated he would like to state that overall Mr. Drobina’s staff have done a great job in keeping up with the snow removal. 

 

E.         CITY ENGINEER.  Mr. Bachman stated he has been attending several meetings with MORPC and it sounds like there will be another stimulus round for roadways and there is a chance for more money for communities.  He stated he will continue to work with MORPC on projects that could be considered for that.  Mr. Bachman stated at Service Committee tomorrow evening he intends to introduce a concept plan for a safety improvement project for S.R. 256 from I-70 to Refugee Road.   Mayor O’Brien stated he had heard that we had won a design engineering award for the Diley Road project.  Mr. Fix inquired who made the final decision on who received the stimulus funding, and Mr. Bachman stated the final decision is the federal government.  Mr. Bachman stated we would make a recommendation to ODOT, and they would make a recommendation to MORPC who would then make a recommendation to the federal government. 

 

F.         CITY MANAGER.  Chief Taylor stated he had provided a written report and he would try to answer any questions.  Mrs. Sanders clarified that the police department had received $10,000 from the Drug Task Force they are a part of and the funds will be distributed in about two weeks.  Mr. Fix clarified that the Planning and Zoning meeting that was cancelled due to the weather looked like it would not be rescheduled due to the time requirements for notices to be sent out. 

 

            G.        FINANCE COMMITTEE.  Mrs. Sanders stated Finance met on February 3rd, and there was discussion regarding contribution requests and that will be continued at the next meeting.  She stated the Committee had also had discussion on the Community Event application process and fees and that would also be continued at the next meeting.   

 

            H.        RULES COMMITTEE.  Mr. Fix stated Rules Committee also met on February 3rd, and the appointment just approved on the Consent Agenda came out of that meeting. 

 

8.         PROCEDURAL READINGS:

 

            A.        ORDINANCE 2010-09, “AN ORDINANCE AMENDING THE 2010 APPROPRIATION, ORDINANCE 2009-91,” First Reading, Finance Committee.  Mrs. Sanders moved to waive the requirement in Charter Section 2.06 that the ordinance be read on three separate meeting days; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mrs. Hammond, Mr. Sauer, Mr. Barletta, Mr. Wisniewski, Mr. Fix, and Mr. Blair voting “Yea.”  Suspension of Rules passed, 7-0.  Mrs. Sanders moved to adopt; Mr. Blair seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Fix, Mr. Blair, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 7-0. 

 

            B.         ORDINANCE 2010-10, “AN ORDINANCE ADOPTING THE RULES AND REGULATONS FOR THE CITY OF PICKERINGTON, OHIO, PERSONNEL APPEALS BOARD,” First Reading, Finance Committee.  Mrs. Sanders moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Wisniewski, Mr. Barletta, Mr. Sauer, and Mr. Blair voting “Yea.”  Motion passed, 7-0. 

 

            C.        ORDINANCE 2010-11, “AN ORDINANCE TO ADOPT A NEW CODE OF PERSONNEL PRACTICES AND PROCEDURES (FORMERLY PERSONNEL POLICIES AND PROCEDURES MANUAL,”) First Reading, Finance Committee.  Mrs. Sanders stated this is a revision to the Employee Polices and Procedures Manual.  Mrs. Sanders moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, Mr. Barletta, Mr. Blair, Mr. Sauer, and Mr. Fix voting “Yea.”  Motion passed, 7-0. 

 

            D.        ORDINANCE 2010-12, “AN ORDINANCE TO AMEND ORDINANCE 2009-87, THE EMPLOYEE PAY PLAN AND AUTHORIZED STRENGTH FOR 2010,” First Reading, Finance Committee.  Mrs. Sanders moved to waive the requirement in Charter Section 2.06 that the ordinance be read on three separate meeting days; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mrs. Hammond, Mr. Sauer, Mr. Barletta, Mr. Wisniewski, Mr. Fix, and Mr. Blair voting “Yea.”  Suspension of Rules passed, 7-0.  Mrs. Sanders moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Fix, Mr. Blair, Mr. Wisniewski, Mrs. Hammond, Mr. Sauer, and Mrs. Sanders voting “Yea.”  Motion passed, 7-0. 

 

            *E.       RESOLUTION 2010-03R, “A RESOLUTION RE-APPOINTING BARBARA ENGLAND TO THE PERSONNEL APPEALS BOARD,” First Reading, Rules Committee.  Mr. Fix moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Barletta, Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Blair, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 7-0.  (CONSENT AGENDA ITEM)

 

            F.         ORDINANCE 2010-04, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NEPTUNE EQUIPMENT COMPANY,” Second Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Blair, Mr. Fix, Mrs. Sanders, Mr. Wisniewski, Mrs. Hammond, Mr. Barletta, and Mr. Sauer voting “Yea.”  Motion passed, 7-0.

 

            G.        ORDINANCE 2010-05, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BURGESS & NIPLE, INC., FOR PROFESSIONAL ENGINEERING SERVICES ON THE WATER MASTER PLAN PROJECT,” Second Reading, Service Committee.  Mr. Wisniewski moved to waive the requirement in Charter Section 2.06 that the ordinance be read on three separate meeting days for the purpose of the final two readings; Mr. Fix seconded the motion.  Roll call was taken with Mr. Blair, Mrs. Hammond, Mr. Sauer, Mrs. Sanders, Mr. Fix, Mr. Barletta, and Mr. Wisniewski voting “Yea.”  Suspension of Rules passed, 7-0.  Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Sanders, Mr. Sauer, Mr. Barletta, Mr. Blair, and Mrs. Hammond voting “Yea.”  Motion passed, 7-0. 

 

            H.        ORDINANCE 2010-06, “AN ORDINANCE AMENDING ORDINANCE 2009-25, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH BEHELER EXCAVATING, INC., FOR OLDE PICKERINGTON VILLAGE OUTFALL CONSTRUCTION AND EAST STREET AND FANCHERS STREET WATER MAIN REPLACEMENT,” Second Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Barletta, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Blair, and Mr. Sauer voting “Yea.”  Motion passed, 7-0. 

 

            I.          ORDINANCE 2010-07, “AN ORDINANCE AMENDING ORDINANCE 2009-47 AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER WITH BEHELER EXCAVATING, INC., FOR THE EXTENSION OF TOWN SQUARE DRIVE,” Second Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Blair, Mr. Fix, Mrs. Sanders, Mr. Wisniewski, Mrs. Hammond, Mr. Barletta, and Mr. Sauer voting “Yea.”  Motion passed, 7-0. 

 

            J.          ORDINANCE 2010-08, “AN ORDINANCE TO ACCEPT A DONATION FROM KEY BANK TO BE USED FOR THE CITY’S K-9 PROGRAM,” Second Reading, Safety Committee.  Mrs. Hammond moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Sanders, Mr. Sauer, Mr. Barletta, Mr. Blair, and Mrs. Hammond voting “Yea.”  Motion passed, 7-0.  

 

            K.        ORDINANCE 2010-13, “AN ORDINANCE AMENDING THE 2010 APPROPRIATION, ORDINANCE 2009-91,” First Reading, Finance Committee.  Mrs. Sanders stated this was the appropriation ordinance added to the agenda this evening for the purchase of salt.  Mrs. Sanders moved to waive the requirement in Charter Section 2.06 that the ordinance be read on three separate meeting days; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mrs. Hammond, Mr. Sauer, Mr. Barletta, Mr. Wisniewski, Mr. Fix, and Mr. Blair voting “Yea.”  Suspension of Rules passed, 7-0.  Mrs. Sanders moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Fix, Mr. Blair, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 7-0. 

 

9.         LEGISLATIVE READINGS:  NONE.

 

 

10.       DISCUSSION.  Mr. Wisniewski stated he would request for the Service Committee meeting tomorrow night that Mr. Schornack put together information regarding our Water Fund and how the information we received this evening about the TDS and coming into compliance would effect our Water Fund and if we have the capital available to fund a $2 million project since we are doing the water tower in the same year.  Mr. Schornack stated he would get that information together. 

 

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: 

 

            A.        MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(3), MATTERS INVOLVING PENDING OR IMMINENT COURT ACTION.  Mayor O’Brien stated this executive session was not needed this evening. 

 

14.       ADJOURNMENT.  There being nothing further, Mrs. Sanders moved to adjourn; Mr. Wisniewski seconded the motion.  Mrs. Sanders, Mr. Fix, Mr. Blair, Mrs. Hammond, Mr. Sauer, Mr. Barletta, and Mr. Wisniewski voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 8:00 P.M., February 16, 2010. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

_______________________________

Mitch O’Brien, Mayor