PICKERINGTON CITY COUNCIL

TUESDAY, DECEMBER 21, 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, December 1, 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. Fix, Mrs. Hammond, Mrs. Sanders, Mr. Sauer, Mr. Wisniewski, and Mayor O’Brien were present.  Mr. Blair was absent.  Others present were: Bill Vance, Lynda Yartin, Phil Hartmann., Chris Schornack, Chief Mike Taylor, Ed Drobina, Linda Fersch, Lynn Miller, Greg Bachman, Nate Ellis, Janet Thiede, Carol Carter, Tory Kramer, Dustin Kramer, Dave Fersch, and others. 

 

2.         A.        APPROVAL OF MINUTES OF DECEMBER 7, 2010, PUBLIC HEARING ON THE 2011 MANAGER’S BUDGET.  Fix moved to approve; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Barletta, Mrs. Hammond, Mr. Wisniewski, Mr. Sauer, Mr. Fix, and Mrs. Sanders voting “Yea.”  Motion passed, 6-0. 

 

            B.         APPROVAL OF MINUTES OF DECEMBER 7, 2010, REGULAR MEETING.  Mr. Fix moved to approve; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Fix, Mr. Sauer, Mrs. Hammond, Mrs. Sanders, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0. 

 

3.         COMMUNITY COMMENTS. 

 

            A.        Carol Carter.  Mrs. Carter stated she was present this evening as she would like to wish everyone a Merry Christmas and Happy New Year and state that she appreciated everyone on City Council and the Mayor and all the work they do for the City of Pickerington. 

 

4.         COUNCIL COMMUNICATIONS.  On behalf of Council, Mrs. Sanders presented Mrs. Fersch with an engraved clock in honor of her retirement after 31 years of service to the City.  Mrs. Fersch stated she would like to thank everyone and she appreciated the opportunity of being a part of Pickerington history just as all of Council are.     

 

5.         APPROVAL OF CONSENT AGENDA.  Mayor O’Brien stated there were two consent agenda items this evening, Resolution 2010-21R, “A 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,” and Resolution 2010-22R, “A Resolution to request 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.”  Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Sauer, Mr. Fix, Mrs. Hammond, Mr. Wisniewski, and Mrs. Sanders voting “Yea.”  Motion passed, 6-0. 

 

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

 

7.         REPORTS:   

 

A.        MAYOR.  Mayor O’Brien stated the Mayor’s Court Report had been distributed and he would answer any questions anyone might have. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he had no report this evening, but he like to wish everyone a Merry Christmas and Happy New Year and he was looking forward to 2011. 

 

C.        FINANCE DIRECTOR.  Mr. Schornack stated he would like to thank Mrs. Fersch for all of her assistance over the past years as she has helped him out a lot. 

 

            D.         SERVICE MANAGER.  Mr. Drobina stated with regard to Item 8.A. on the agenda this evening that authorizes the City Manager to apply for a WPCLF loan for the reverse-osmosis project he would request three readings this evening if possible.   Mr. Drobina stated we will be asking for a ten year loan in the amount of $1.8 million with an interest rate of 2.62 percent.  Mr. Drobina stated he would answer any questions anyone might have on this or any other agenda item. 

 

E.         CITY ENGINEER.  Mr. Bachman stated he had no report this evening but he would answer any questions.  Mayor O’Brien clarified that Mr. Bachman is continuing to work with ODOT on the timing of their signals on S.R. 256.  Mr. Bachman stated ODOT is in the process of hiring a consultant to look at the timing and basically to retime the lights and add ACS to them. 

 

F.         CITY MANAGER.  Mr. Vance stated he had no report, but would answer any questions. 

 

            G.        FINANCE COMMITTEE.  Mrs. Sanders stated Finance met on December 8th and had a great discussion with Mr. Mark Mathews of the Violet Festival.  She stated Mr. Mathews will be working with Mr. Vance on the event for next year.  Mrs. Sanders stated the ordinance regarding the premium only health care plan on tonight’s agenda came out of that meeting.    Mrs. Fersch stated with regard to that ordinance, the contribution that employees pay for each of their insurance plans is pre-tax and since we are now able to add children up to age 26 that needs to be added so it can still be part of the pre-tax contribution. 

 

8.         PROCEDURAL READINGS: 

 

            A.        ORDINANCE 2010-98, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPLY FOR WATER POLLUTION CONTROL LOAN FUNDS (WPCLF) FOR THE REVERSE-OSMOSIS PROJECT AT THE CITY’S WATER TREATMENT PLANT,” First Reading, Safety Committee.  Mr. Wisniewski stated the reverse-osmosis process has been discussed for quite some time with regard to the violations we have had with our total dissolved solids.  He stated the only way to solve this issue with the EPA appears to be installing this system.  Mr. Wisniewski moved to waive the requirement in Charter Section 2.06 that the ordinance be read on three separate meeting days; Mr. Sauer seconded the motion.  Roll call was taken with Mrs. Sanders, Mrs. Hammond, Mr. Sauer, Mr. Barletta, Mr. Wisniewski, and Mr. Fix voting “Yea.”  Suspension of Rules passed, 6-0.  Final Reading.  Mr. Wisniewski moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 6-0.  

 

            B.         ORDINANCE 2010-99, “AN ORDINANCE AMENDING THE 2010 APPROPRIATION, ORDINANCE 2009-91,” First Reading, Finance Committee.  Mrs. Sanders stated these appropriations will tie up loose ends before we start in to 2011.  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 Mr. Wisniewski, Mr. Sauer, Mrs. Sanders, Mr. Barletta, Mr. Fix, and Mrs. Hammond voting “Yea.”  Suspension of Rules passed, 6-0.  Final Reading.  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, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            C.        ORDINANCE 2010-100, “AN ORDINANCE TO AMEND ORDINANCE 2007-58 AUTHORIZING A PREMIUM ONLY PLAN FOR HEALTH CARE BENEFITS,” First Reading, Finance Committee.  Mrs. Sanders stated Mrs. Fersch had briefed on this earlier in the meeting.  Mrs. Sanders 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. Barletta, Mr. Sauer, Mr. Fix, Mr. Wisniewski, and Mrs. Sanders voting “Yea.”  Suspension of Rules passed, 6-0.  Final Reading.  Mrs. Sanders moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, Mr. Barletta, Mr. Sauer, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

            D.        ORDINANCE 2010-101, “AN ORDINANCE APPOINTING LYNDA D. YARTIN TO THE POSITION OF CITY CLERK AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT PURSUANT TO CHARTER SECTION 5.02 OF THE REPLACEMENT CHARTER EFFECTIVE JANUARY 1, 2011,” 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, and Mr. Fix voting “Yea.”  Suspension of Rules passed, 6-0.  Final Reading.  Mr. Fix moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            *E.       RESOLUTION 2010-21R, “A 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. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Sauer, Mr. Fix, Mrs. Hammond, Mr. Wisniewski, and Mrs. Sanders voting “Yea.”  Motion passed, 6-0.  (CONSENT AGENDA ITEM)

 

            *F.       RESOLUTION 2010-22R, “A RESOLUTION TO REQUEST 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. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Sauer, Mr. Fix, Mrs. Hammond, Mr. Wisniewski, and Mrs. Sanders voting “Yea.”  Motion passed, 6-0.  (CONSENT AGENDA ITEM)

 

            G.        ORDINANCE 2010-92, “AN ORDINANCE AUTHORIZING AN INCREASE IN PAYMENT TO URS CORPORATION FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CITY OF PICKERINGTON’S WWTP EXPANSION PROJECT,” Second Reading, Service Committee.  Mr. Wisniewski stated this is for additional fees that are actually being paid by the contractor because of missed deadlines.  He stated although the City will be making this payment, we will be decreasing the amount paid to the contractor.  Mr. Wisniewski moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Fix, Mrs. Sanders, Mr. Wisniewski, Mrs. Hammond, Mr. Barletta, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            H.        ORDINANCE 2010-93, “AN ORDINANCE TO AMEND SECTION 1258.15, “STREET TREES; URBAN FORESTRY” OF THE CODIFIED ORDINANCES OF PICKERINGTON,” Second Reading, Safety Committee.  Mrs. Hammond stated in a review of the Parks Master Plan by the Tree Commission they discovered the Plan requested a larger diameter for the trees than what our ordinance stated, so this will make everything consistent.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Sanders, Mr. Sauer, Mr. Barletta, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0. 

 

            I.          ORDINANCE 2010-94, “AN ORDINANCE AMENDING SECTIONS 416.06, 852.03, AND 853.06 AND ADDING A NEW SECTION, 852.101, OF THE PICKERINGTON CODIFIED ORDINANCES RELATING TO SOLICITORS WITHIN THE CITY,” Second Reading, Safety Committee.  Mrs. Hammond stated this ordinance will provide for approval authority by staff rather than requiring Council approval for requests by charitable agencies to solicit funds on the streets.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Barletta, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            J.          ORDINANCE 2010-95, “AN ORDINANCE AMENDING SECTION 220.04 OF THE CODIFIED ORDINANCES OF PICKERINGTON, THE ADMINISTRATIVE CODE, ENTITLED “COMMITTEES,” Second Reading, Rules Committee.  Mr. Fix stated Rules Committee had recommended some amendments to the ordinance and that had been distributed to Council in their packets.  He stated he would like to amend by substitution with the amended ordinance.  Mr. Fix stated one of the recommendations from the Strategic Plan was that we align our committees with the major core items of the Plan.  He stated this ordinance will align our committees so that everything is moving in the same direction.  Mr. Fix moved to amend by substitution with the amended ordinance; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Fix, Mrs. Hammond, Mr. Sauer, Mrs. Sanders, and Mr. Wisniewski voting “Yea.”  Motion to amend passed, 6-0.  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. Barletta, Mrs. Hammond, Mrs. Sanders, Mr. Wisniewski, Mr. Fix, and Mr. Sauer voting “Yea.”  Suspension of Rules passed, 6-0.  Final Reading.  Mr. Fix moved to adopt as amended; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Fix, Mrs. Sanders, Mr. Wisniewski, Mrs. Hammond, Mr. Barletta, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            K.        RESOLUTION 2010-20R, “A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 2011 ASH REMOVAL AND CANOPY RESTORATION GRANT PROGRAM,” Second Reading, Safety Committee.  Mrs. Hammond stated this would allow the City Manager to apply for a grant up to $25,000 and we would use the funds as needed to replace the ash trees.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Fix, Mrs. Hammond, Mr. Wisniewski, Mr. Barletta, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

9.         LEGISLATIVE READINGS:

 

            A.        ORDINANCE 2010-19, “AN ORDINANCE APPROVING THE REZONING AND FINAL DEVELOPMENT PLAN FOR THE APPROXIMATE 16.06 ACRE EBRIGHT/HOMESTEAD PARCELS FROM R-4 (RESIDENTIAL) TO PC (PLANNED COMMUNITY COMMERCIAL DISTRICT) FOR A 4-SEASONS SPORTS COMPLEX, OFFICE, AND RETAIL DEVELOPMENT LOCATED AT 1010 AND 1040 REFUGEE ROAD,” Third Reading, Finance Committee.  Mr. Vance stated staff had thought we had made progress working with the developers on this site, however, the developer’s agreement we received did not represent what was agreed to.  He stated he had spoken with the developer’s attorney and everyone agreed the agreement received was in error.  He stated it was his understanding this would be referred to Service Committee.  Mr. Fix stated that was correct and Finance Committee had forwarded it to Council for referral to Service Committee by the Mayor.  Mr. Vance stated he still thought that progress was being made and the goal was to get this resolved as soon as possible in 2011, and the City has always been in the position to provide any assistance they could throughout the process.  Mr. Fix stated there are still issues that need to be resolved, however, since they are no longer asking for a TIF it was not appropriate for it to remain in Finance but would be more appropriate in Service Committee.  Mr. Vance stated he expected to receive documentation that the developer would pay the impact fees, and would put in, at their expense, the streets to our specifications, and for the first phase the connection to the County sewer would be permitted but for phases two and three the developer would have to extend to City sewer at the developer’s expense. 

 

            B.         ORDINANCE 2010-86, “AN ORDINANCE AMENDING SECTION 1272.06 OF THE PICKERINGTON CODIFIED ORDINANCES RELATING TO THE AUTHORITY TO APPOINT THE PLANNING AND ZONING DIRECTOR,” Third Reading, Finance Committee.  Mrs. Sanders stated this ordinance would clear up a conflict in the codified ordinances regarding the appointment of the Planning and Zoning Director.  Mrs. Sanders moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Wisniewski, Mr. Fix, Mrs. Hammond, Mr. Sauer, and Mr. Barletta voting “Yea.”  Motion passed, 6-0. 

 

            C.        ORDINANCE 2010-87, “AN ORDINANCE AUTHORIZING THE AMENDMENT OF THE EMPLOYMENT AGREEMENT WITH CITY MANAGER WILLIAM VANCE,” Third Reading, Finance Committee.  Mayor O’Brien stated in discussion regarding the deferred compensation in Mr. Vance’s contract they were reading it two different ways.  Mayor O’Brien stated after discussion and getting some legal advice it was determined it should stay the same, however, after further discussion they decided to work out a way to take care of this.  He stated he and Mr. Vance have come to an agreement within the terms of his contract and he would respectfully request Council consider the amendment before them that removes the deferred compensation section from his contract.  He stated once that is done, he and Mr. Vance will execute what was agreed to in the rest of the contract.  Mr. Fix inquired what that agreement was and Mayor O’Brien stated they have agreed to extend the temporary housing allowance in exchange for the deferred compensation.  Mayor O’Brien stated when they begin discussion on the renewal of the contract they will address the deferred compensation at that time with a clear understanding of what is expected.  Mr. Vance stated this resolution is far less of an expense than what could be interpreted in the contract.  Mr. Vance stated in his estimation the section that deals with deferred compensation can absolutely be read in two different ways; one of the ways equates to $24,000 over the course of the contract and the other way equates to approximately $2,000.  Mr. Vance further stated the language in the contract does not have any spelled out fiscal amount and he felt that was an issue they would address in renegotiation and eventual consideration of the extension of the agreement.  Mr. Vance stated the extension of the temporary housing allowance would equate to far less in dollars as opposed to the one interpretation of the deferred compensation section.  Mr. Vance stated he is ready to move forward in this regard if the Mayor and Council have no objection.  Mr. Sauer stated he would like to commend both Mr. Vance and Mayor O’Brien for working through this and coming to a resolution.  He stated the biggest reason for the current ordinance is to make sure we had continuity in terms of leadership of the City and where we were going in the direction we were headed.    Mr. Fix moved to amend by substitution with the amended ordinance; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Barletta, Mrs. Hammond, Mrs. Sanders, Mr. Wisniewski, Mr. Fix, and Mr. Sauer voting “Yea.”  Motion to amend passed, 6-0.  Mrs. Sanders moved to adopt as amended; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Fix, Mr. Sauer, Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, and Mr. Barletta voting “Yea.”  Motion passed, 6-0. 

 

            D.        ORDINANCE 2010-89, AN ORDINANCE ADOPTING A CAPITAL IMPROVEMENT PLAN (CIP) FOR 2011-2015,” Third Reading, Finance Committee.  Mrs. Sanders moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Wisniewski, Mr. Fix, Mrs. Hammond, Mr. Sauer, and Mr. Barletta voting “Yea.”  Motion passed, 6-0. 

 

            E.         ORDINANCE 2010-91, “AN ORDINANCE ADOPTING THE BUDGET FOR THE 2011 FISCAL YEAR BEGINNING JANUARY 1, 2011,” Third Reading, Finance Committee.  Mrs. Sanders 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. Barletta voting “Yea.”  Motion passed, 6-0. 

 

10.       DISCUSSION. 

 

            A.        STRATEGIC PLAN UPDATE.  Mayor O’Brien stated he would meet with the City Manager to discuss some verbiage changes to the top ten goals and he would bring something back to Council that would allow them to be more measurable goals. 

 

11.       REFERRAL TO COMMITTEE.  Mayor O’Brien stated he would refer Ordinance 2010-19 to the Service Committee for further review. 

 

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. Barletta, Mrs. Hammond, Mr. Sauer, Mr. Fix, Mr. Wisniewski, and Mrs. Sanders voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 8:05 P.M., December 21, 2010. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

_______________________________

Mitch O’Brien, Mayor