PICKERINGTON CITY COUNCIL

TUESDAY, OCTOBER 18, 2011

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, October 18, 2011, 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: Lynda Yartin, Bill Vance, Chris Schornack, Chief Mike Taylor, Phil Hartmann, Ed Drobina, Greg Bachman, Joe Henderson, Chris Schweitzer, Dan Barham, Pastor Phil Manson, Kathy Smith, Janet Thiede, Nate Ellis, and others.  Pastor Manson delivered the invocation. 

 

2.         APPROVAL OF MINUTES OF OCTOBER 4, 2011, REGULAR MEETING.  Mr. Blair moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Barletta, Mrs. Hammond, Mr. Wisniewski, Mr. Blair, Mr. Sauer, Mr. Fix, and Mrs. Sanders voting “Yes.”  Motion passed, 7-0.  

 

3.         COMMUNITY COMMENTS.    There were no comments. 

 

4.         COUNCIL COMMUNICATIONS.  There were no comments. 

 

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

 

6.         APPROVAL OF AGENDA.  Mr. Fix moved to approve; Mr. Blair seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Blair, Mr. Fix, Mr. Sauer, Mrs. Hammond, Mrs. Sanders, and Mr. Wisniewski voting “Yes.”  Motion passed, 7-0. 

 

7.         REPORTS:   

 

A.        MAYOR.  Mayor O’Brien stated the Monthly Mayor’s Court report had been distributed and reminded everyone of the upcoming Haunted Village in the old downtown.   

 

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

 

C.        FINANCE DIRECTOR.  Mr. Schornack stated he had no report but would be happy to take any questions. 

 

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

 

E.         CITY ENGINEER.  Mr. Bachman stated he would be giving a presentation to ODOT Central Office for the S.R. 256 project on Friday, he would attend a conference next week on transportation, and he was also going to attend a conference with the Federal Highways. 

 

F.         CITY MANAGER.  Mr. Vance stated he had submitted a written report and he would be happy to answer any questions.  He stated currently we have a tremendous amount of signs close to the right-of-way throughout the City and if anyone has any sign concerns, please contact his office. 

 

            G.        FINANCE COMMITTEE.  Mr. Sauer stated the next Budget Work Session is scheduled for Tuesday, October 25th, at 6:00 P.M., and they will review the Police Department budget and any remaining issues on the budget.  Mr. Sauer stated the Committee had forward to Council the legislation on tonight’s agenda for the 2012 contract with the Franklin County Board of Health, and the legislation increasing the storm water utility fee by $.25.  Mr. Sauer stated he would also be requesting three readings on the appropriation ordinance.  

 

8.         PROCEDURAL READINGS: 

 

            A.        ORDINANCE 2011-38, “AN ORDINANCE APPROVING THE REZONING AND FINAL DEVELOPMENT PLAN FOR THE APPROXIMATE 5.82 ACRE GILLILAN PROPERTY FROM C-3 (COMMUNITY COMMERCIAL DISTRICT) TO PC-3 (PLANNED COMMUNITY COMMERCIAL DISTRICT) LOCATED ON THE NORTHEAST CORNER OF THE REFUGEE ROAD AND MILNOR ROAD INTERSECTION,” First Reading, Planning, Projects & Services Committee.  (TABLED, 07/19/11)

 

            B.         ORDINANCE 2011-52, “AN ORDINANCE AMENDING THE 2011 APPROPRIATION, ORDINANCE 2010-91,” First Reading, Finance Committee.  Mr. Sauer moved to waive the requirement in Charter Section 2.05(C) 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 “Yes.”  Suspension of Rules passed, 7-0.  Final Reading.  Mr. Sauer 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 “Yes.”  Motion passed, 7-0. 

 

            C.        ORDINANCE 2011-53, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE-YEAR CONTRACT WITH THE LOCAL GOVERNMENT SERVICES DIVISION OF THE OFFICE OF THE AUDITOR OF STATE TO ASSIST THE CITY IN PREPARING GENERAL PURPOSE FINANCIAL STATEMENTS AND THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR),” First Reading, Finance Committee.  Mr. Fix moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Wisniewski, Mr. Barletta, Mr. Sauer, and Mr. Blair voting “Yes.”  Motion passed, 7-0. 

 

            D.        ORDINANCE 2011-54, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH VERIZON WIRELESS FOR A WIRELESS TOWER ON THE REFUGEE ROAD WATER TOWER,” First Reading, Finance Committee.  Mayor O’Brien clarified this would be a bank of antennas on the water tower and there would be room for other carriers as well.  Mr. Sauer 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 “Yes.”  Motion passed, 7-0. 

 

            E.         ORDINANCE 2011-55, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A HEALTH SERVICES AGREEMENT WITH THE FRANKLIN COUNTY BOARD OF HEALTH FOR 2012,” First Reading, Finance Committee.  Mr. Sauer stated this is a renewal of our current contract for the year 2012.  Mr. Sauer moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Fix, Mr. Blair, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yes.”  Motion passed, 7-0. 

 

            F.         ORDINANCE 2011-56, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ICE MILLER LLP (FKA SCHOTTENSTEIN, ZOX & DUNN CO., L.P.A.) FOR LEGAL SERVICES,” First Reading, Finance Committee.  Mr. Sauer stated this is a renewal of the contract that we currently have with Scottenstein, Zox & Dunn, who will now be known as Ice Miller.  He stated it is a two year contract.  Mr. Sauer 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 “Yes.”  Motion passed, 7-0. 

 

            G.        ORDINANCE 2011-57, “AN ORDINANCE AMENDING CHAPTER 1067 OF THE CITY OF PICKERINGTON CODIFIED ORDINANCES ESTABLISHING STORMWATER UTILITY CHARGES,” First Reading, Finance Committee.  Mr. Sauer stated this would increase the storm water utility charge this year by $.25.  Mr. Blair stated he would not be supporting this because of the six percent increase on commercial properties and the potential impact on them.  Mrs. Hammond stated she concurred with Mr. Blair and while she could understand the residential, but not the increase on the commercial.  Mr. Wisniewski inquired what the increase would mean for a commercial business and Mr. Schorack stated it would vary depending on the square footage of the property, but it would be a six percent increase.  Mr. Fix stated he understood one of the reasons we needed the increase was due to the storm water line collapse on S.R. 256 and that needs to be paid for somehow, so he felt this is a reasonable request.  Mr. Sauer stated he has been contacted by residents regarding storm water issues where flooding has occurred in their neighborhoods, and it seems like these things keep occurring, so he would rather be ahead of the curve when it comes to flooding issues.  Mayor O’Brien stated the commercial businesses generate a lot of the run off that create some of the problems.  Mr. Sauer moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Hammond and Mr. Blair voting ‘No,” and Mr. Wisniewski, Mrs. Sanders, Mr. Barletta, Mr. Sauer, and Mr. Fix voting “Yes.”  Motion passed, 5-2. 

 

            H.        ORDINANCE 2011-51, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PARKING/ACCESS EASEMENT AGREEMENT TO OBTAIN ADDITIONAL CITY PARKING FACILITIES,” Second Reading, Planning, Projects & Services Committee.  Mr. Fix stated this will formalize a long-standing agreement we have had with a local business to use some of their parking area.    Mr. Fix moved to adopt; Mr. Blair seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Barletta, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Blair, and Mr. Sauer voting “Yes.”  Motion passed, 7-0. 

 

            I.          RESOLUTION 2011-21R, “A RESOLUTION IN SUPPORT OF THE CENTRAL OHIO GREEN PACT,” Second & Final Reading, Public Safety & Communications Committee.  Mr. Fix stated this was a non-binding agreement that shows the city’s interest and willingness to consider initiatives that are green in nature and aligns us with other central Ohio communities.  Mr. Sauer stated if it is not binding he did not see why we were agreeing to it and following through some of the guidelines would make him wonder why we were doing this.  Mrs. Hammond stated she had originally had some reservations on this pact but then felt it might be alright.  She stated, however, she had recently received a packet from them about changing our fleet over to “green fuel” which she did not feel that we could afford to do at the moment.  She stated she would not support it now because she did not feel we could support something that would obligate us to spend money we don’t have at this time.  Mr. Fix stated it did not obligate us to spend any funds.  Mr. Blair stated he would agree that if we can’t do everything in it he did not know why we were signing on to it.  Mr. Blair stated if we want to do some of it we can do it on our own or come up with our own Green Pact.  Mr. Wisniewski stated he had been reminded of his consistency on useless pacts and resolutions and he felt this is useless as well and he will therefore not support it.  Mrs. Sanders stated she would continue to support this and she felt we need to show we are at least attempting to do things “green.”  Mr. Barletta stated he would also continue to support this and he felt it was very positive and if we can take advantage of anything that is part of this program that could help save money for the citizens of Pickerington, it was the right thing to do.  Mr. Fix moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Blair, Mr. Wisniewski, Mrs. Hammond, and Mr. Sauer voting “No,” and Mr. Fix, Mrs. Sanders, and Mr. Barletta voting “Yes.”  Motion failed, 4-3. 

 

            J.          RESOLUTION 2011-22R, “A RESOLUTION AUTHORIZING THE OHIO DIRECTOR OF TRANSPORTATION TO PROCEED WITH A PROJECT CONSTRUCTING CERTAIN NEW SIDEWALKS AND NEW BIKE PATHS IN PICKERINGTON,” Second & Final Reading, Public Safety & Communications Committee.  Mr. Fix stated this is part of our Safe Routes to Schools Program.  Mr. Fix 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 “Yes.”  Motion passed, 7-0. 

 

9.         LEGISLATIVE READINGS:  NONE.

 

            A.        ORDINANCE 2011-49, “AN ORDINANCE ACCEPTING THE ROADWAY DEDICATION PLAT OF POSTAGE DRIVE FROM FAIRFIELD SQUARE CONDOMINIUM ASSOCIATION TO THE CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Third Reading, Planning, Projects & Services Committee.  Mr. Fix stated this would result in the City taking ownership of this road which is the primary entrance into the Kohls’ store.  Mr. Fix moved to adopt; Mr. Blair seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Wisniewski, Mr. Fix, Mr. Blair, Mrs. Hammond, Mr. Sauer, and Mr. Barletta voting “Yes.”  Motion passed, 7-0. 

 

10.       DISCUSSION.  Mr. Fix stated he had attended a program called “Tyler’s Light” earlier this evening which is a new foundation in Pickerington that was founded after the unfortunate death of a recent Pickerington North graduate from an overdose of heroin.  Mr. Fix stated this is an opiate awareness program that is just getting started, but there were about 150 people in attendance at the meeting.  Mr. Fix stated he hoped that the City can become involved in this program because this is something that is absolutely necessary as we try to focus on this opiate addiction issue.   

 

11.       REFERRAL TO COMMITTEE.  Mayor O’Brien stated he had no items to refer to Committee.

 

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

 

13.       MOTIONS:   Mr. Wisniewski stated there has been a lot of discussion and a variety of comments so he would like to get it out and be done with.  He stated considering the honorable service Commander Annetts gave the City for 21 years he would move to pay out Steve Annetts’ unused sick leave at fifty percent according to City guidelines.  Mr. Vance stated if Council would like to do some sort of buy out they could absolutely do that, but he would recommend if you want to do something in this regard it should be called something else.  Mr. Vance stated the guidelines associated with HR policies that he investigated did not support the request as it currently stands.  Mr. Vance stated he would recommend against setting a precedent that could come back and not be in the best interest financially to the City in the future.  Mayor O’Brien inquired if there was a change that could be made to the request, and Mr. Vance stated that if Council wanted to recommend a bonus or a reward for service they could do that, but the buy out as it was proposed was not able to be supported by staff.  Mr. Vance stated he had adequately substantiated the reasons why he could not support the buy out proposal from Commander Annetts whose service was absolutely appreciated by staff.  Mayor O’Brien stated it was his understanding that Commander Annetts had gone to the Ohio Police and Fire prior to handing in his paperwork that he handed in a notice of commuted service retirement, not a resignation.  Mr. Vance stated we provided all the documents that we received from Commander Annetts to our labor relations attorney and their opinion was that we could not honor the request as it was communicated.  Mr. Vance stated the documents he submitted confirmed his retirement status which was a couple of years away where he could effectively retire as far as Ohio Police and Fire regulations.  Mr. Sauer clarified that during the years of service that Commander Annetts has been involved with the City, we have also contributed to his retirement fund on his behalf in every one of those years.  Mr. Schornack stated that is correct, that is standard policy.  Mr. Sauer stated then in terms of implying we are not doing our duty in support of the people who do give service to the community and the City he would like to make the point that on behalf of every employee that works for the City we do make a substantial contribution toward retirement for each of them.  Mr. Sauer stated it was his understanding that we are simply following the policies that are in place for the City of Pickerington that are imposed for every other employee, as well as the legal advice we have received with regard to this particular issue as well.  Mr. Sauer stated while he recognized the service Commander Annetts has provided to the City, but he also understood that any decisions made by Council would have ramifications in terms of future resignations or employees that choose to leave service with the City to pursue other opportunities.  Mr. Sauer stated he supports staff unless the situation would change where our legal advice would be different.  Mr. Wisniewski stated the legal opinion was two sentences and was hardly an in-depth analysis and many times Council will suspend the rules on a variety of topics and he did not see a problem with suspending the rules and paying it out at fifty percent.  Mr. Fix stated he has been with his company for 20 years and if he would chose to leave tomorrow for another opportunity, all the vacation, sick time, etc., is gone.  He stated he knows that when he does the job.  Mr. Fix further stated when you leave one place of business to go work for another place of business there are some choices you make and sacrifices that come with that.  He stated Commander Annetts did a great job for this community for a long time, but he chose to leave to pursue a better opportunity for himself and that choice comes with some consequences, of which this is one.  Mr. Barletta seconded the motion.  Roll call was taken with Mr. Sauer, Mrs. Hammond, Mr. Blair, Mr. Fix, and Mrs. Sanders voting “No,” and Mr. Wisniewski and Mr. Barletta voting “Yes.”  Motion failed, 5-2. 

 

14.       ADJOURNMENT.  There being nothing further, Mr. Fix moved to adjourn; Mrs. Hammond seconded the motion.  Mr. Barletta, Mr. Sauer, Mr. Fix, Mr. Blair, Mrs. Hammond, Mr. Wisniewski, and Mrs. Sanders voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 8:10 P.M., October 18, 2011. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, City Clerk

 

ATTEST:

 

 

_______________________________

Mitch O’Brien, Mayor