City Council

City of Groveport 655 Blacklick St. Groveport, OH 43125 614.830.2052 www.groveport.org . Meeting Minutes Monday, June 27, 2022 6:30 PM Council Chambers City Council Mayor Lance Westcamp Council Members - Jean Ann Hilbert, Ed Dildine, Shawn Cleary, Becky Hutson, Scott Lockett & Jack Rupp City Council Meeting Minutes June 27, 2022 I. Call to Order Mayor Lance Westcamp called the City Council meeting to order at 6:48 p.m. Staff Present: BJ King - Administrator, Kevin Shannon - Law Director, Jason Carr - Director of Finance, Casey Adams - Chief of Police, Jeff Green - Development Director, Ruthanne Sargus Ross - Clerk of Council Guests Present: The Guest Book is on file with the Clerk of Council. II. Moment of Silence The Mayor asked everyone to join him in a moment of silence. III. Pledge of Allegiance Chief Adams led the Pledge of Allegiance. IV. Roll Call Present: 6 - Shawn M. Cleary, Edward Dildine, Jean Ann Hilbert, Becky Hutson, Scott Lockett, and Jack Rupp V. Approval of Minutes - June 13, 2022 The June 13, 2022 City Council Minutes stand approved as submitted. #128-2022 City Council Meeting Minutes Attachments: City Council Meeting Minutes 6.13.2022.pdf The June 13, 2022 City Council Minutes stand approved as submitted. VI. Business of Guests None. VII. Ordinances and Resolutions A. 3rd Readings None. B. 2nd Readings Ord. 2022-023 City of Groveport Page 1 City Council Meeting Minutes June 27, 2022 AN ORDINANCE GRANTING A VARIANCE AS TO THE PERMITTED USES IN THE ESTABLISHED ZONING DISTRICT FOR THE PROPERTY LOCATED AT 4400 MARKETING PLACE, PARCEL NO. 185-001361, CURRENTLY ZONED PLANNED INDUSTRIAL PARK (PIP), CHRISTOPHER DUMFORD, APPLICANT Sponsors: Lockett Attachments: Ord. 2022-023 Exhibit A.pdf Law Director Kevin Shannon requested Council to consider making a motion to amend as follows: · In the title of this Ordinance at the end add ",AND THE DECLARATION OF AN EMERGENCY" · In Section 1 the language to be stricken and to read as follows: That applicant, Christopher Dumford, VSWC Architects, is granted a variance as to the permitted uses for the property located at 4400 Marketing Place, Parcel No.185-001361, currently zoned Planned Industrial Park (PIP), and as such, the proposed use to allow for clinic use, is hereby permitted pursuant to Section 1193.04(a)(1) of the City of Groveport Zoning Ordinance provided that the following condition set forth by the Planning & Zoning Commission is satisfied: 1. Site / building re-development associated with this new use must conform with City of Groveport development and engineering standards. · In Section 3 all the language after “That this Ordinance” be stricken and the following language be inserted: is hereby deemed an emergency measure necessary for the immediate preservation of the health, safety, and general welfare of the community as the use sought for approval will involve the construction and operation of a health clinic for use by the Groveport Madison School District and the citizens of Groveport; WHEREFORE, this Ordinance shall be in full force and effect after passage by Council and signature of the Mayor. Council Member Hilbert raised the matter of Council Member Scott Lockett voting on this legislation. She asked Law Director Shannon if Mr. Lockett was allowed to vote on this item since he works at Groveport Madison. Mr. Shannon advised that the Rules of Council indicate that whether a Council Member should abstain on a vote is purely personal to the Councilperson. That is a decision Mr. Lockett would have to make. However, Mr. Shannon pointed out that if Mr. Lockett is an employee of the School District where he answers to any members of the School Board or other authority, it could make him feel uncomfortable deciding on this matter. If Mr. Lockett were to feel uncomfortable deciding on this item, he could consider not making the City of Groveport Page 2 City Council Meeting Minutes June 27, 2022 motion and abstaining from any discussion or vote. However, if Mr. Lockett is in a contractual capacity, it would be a decision Mr. Lockett would have to make as to whether or not he thinks it would adversely affect his interests in any way. Mr. Lockett is a contract employee. Clerk of Council Ross read by title Ordinance No. 2022-023. A motion was made by Council Member Lockett, seconded by Council Member Hilbert, to amend this Ordinance as follows: At the end of the title add ", AND THE DECLARATION OF AN EMERGENCY" In Section 1 the language to be stricken and to read as follows: That applicant, Christopher Dumford, VSWC Architects, is granted a variance as to the permitted uses for the property located at 4400 Marketing Place, Parcel No.185-001361, currently zoned Planned Industrial Park (PIP), and as such, the proposed use to allow for clinic use, is hereby permitted pursuant to Section 1193.04(a)(1) of the City of Groveport Zoning Ordinance provided that the following condition set forth by the Planning & Zoning Commission is satisfied: 1. Site / building re-development associated with this new use must conform with City of Groveport development and engineering standards. In Section 3 all the language after “That this Ordinance” be stricken and the following language be inserted: is hereby deemed an emergency measure necessary for the immediate preservation of the health, safety, and general welfare of the community as the use sought for approval will involve the construction and operation of a health clinic for use by the Groveport Madison School District and the citizens of Groveport; WHEREFORE, this Ordinance shall be in full force and effect after passage by Council and signature of the Mayor. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp Law Director Kevin Shannon requested Council to consider making a motion to suspend the rules as to the three readings and the effective date. A motion was made by Council Member Lockett, seconded by Council Member Dildine, to suspend the rules as to the three readings and the effective date. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp A motion was made by Council Member Lockett, seconded by Council Member Dildine, to adopt as emergency legislation. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp Ord. 2022-024 AN ORDINANCE AUTHORIZING THE ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH GROVEPORT MADISON SCHOOL DISTRICT TO PROVIDE A SCHOOL RESOURCE OFFICER AND THE DECLARATION OF AN EMERGENCY Sponsors: Rupp City of Groveport Page 3 City Council Meeting Minutes June 27, 2022 Attachments: Ord. 2022-024 Exhibit A.pdf Law Director Kevin Shannon requested Council to consider making a motion to suspend the rules as to the three readings and the effective date. Clerk of Council Ross read by title Ordinance No. 2022-024. A motion was made by Council Member Rupp, seconded by Council Member Hutson, to suspend the rules as to the three readings and the effective date. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp A motion was made by Council Member Rupp, seconded by Council Member Hutson, to adopt as emergency legislation. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp Ord. 2022-025 AN ORDINANCE AMENDING PART FIFTEEN - FIRE PREVENTION CODE OF THE CITY OF GROVEPORT CODIFIED ORDINANCES, CHAPTER 1519, FIREWORKS AND THE DECLARATION OF AN EMERGENCY Sponsors: Hilbert Attachments: Ord. 2022-025 Exhibit A amended.pdf Administrator BJ King commented with this legislation having emergency language would take five positive votes for passage. If there is no action taken, or this item gets defeated or goes to third reading, on July 1st the City's current code would stay in place. Groveport's current codified code is a complete ban of fireworks. Mr. Shannon advised the way this Ordinance is written it mirrors State code with the exception of actual days, shown in red font in Exhibit "A". It would only permit the use of fireworks on the 4th of July. If a Council Member wanted to make a motion to amend the Ordinance to make it consistent with State law that would go into effect July 1, 2022, that would be a proper motion. If Council wanted to vote on the matter as it is currently written that would be a proper motion as well. Mr. King noted that from what he had read in the news is that most of the communities in Franklin County had upheld their ban on fireworks. Mr. Lockett reiterated what he said at the Committee of the Whole meeting. He thinks the City should stay with the State law as written. Groveport can change its code, if it proves to be a problem. Council Member Dildine agrees that the City should stay with the State law as written. Every year the issue comes up, City Council talks about the issue, but residents still discharge fireworks and the City doesn't do anything about the City of Groveport Page 4 City Council Meeting Minutes June 27, 2022 matter even though there is a complete ban on fireworks with the current code. Allowing fireworks on the days listed in HB 172 would open the opportunity to promote safety on the use of fireworks and free up the police officers from answering all the fireworks discharge calls. Fireworks are banned in Groveport now and not typically enforced unless there is an injury or property damage. Law Director Kevin Shannon requested Council to consider making a motion to amend this Ordinance so that the exhibit is consistent with House Bill 172 in its entirety. The ten permitted dates set in HB 172 are: (1) The first day of January; (2) Chinese new year's day; (3) The fifth day of May; (4) The last Monday in May, and the Saturday and Sunday immediately preceding that day; (5) The nineteenth day of June; (6) The third, fourth, and fifth days of July; (7) The first Friday, Saturday, and Sunday before and after the fourth day of July; (8) The first Monday of September, and the Saturday and Sunday immediately preceding that day; (9) Diwali; (10) The thirty-first day of December. Clerk of Council Ross read by title Ordinance No. 2022-025. A motion was made by Council Member Lockett, seconded by Council Member Dildine, to amend. The motion carried by the following vote: Yes: 4- Cleary, Dildine, Hutson and Lockett No: 2- Hilbert and Rupp Law Director Kevin Shannon requested Council to consider making a motion to suspend the rules as to the three readings and the effective date. It would take five positive votes to suspend the rules regarding the three readings and the effective date. If there are not five positive votes, then the rules are not suspended, and this Ordinance would go on to its third reading on July 11, 2022. If it is successful on July 11, it will go into effect after 30 days, August 10, 2022. The legal effect would be that the ban in existence before the enactment of House Bill 172 on July 1, 2022, would still be in effect in the City of Groveport. Chief Adams interjected that in the past, approximately 90% of the Police Department's calls about fireworks were on July 4, New Year's Eve, and New Year's Day. A motion was made by Council Member Hutson, seconded by Council Member City of Groveport Page 5 City Council Meeting Minutes June 27, 2022 Dildine, to suspend the rules as to the three readings and the effective date. The motion failed by the following vote: Yes: 3- Dildine, Hutson and Lockett No: 3- Cleary, Hilbert and Rupp Ord. 2022-026 AN ORDINANCE DEFINING AND ESTABLISHING MEMBERS OF THE CLASSIFIED AND UNCLASSIFIED SERVICE FOR EMPLOYEES OF THE CITY OF GROVEPORT Sponsors: Dildine Clerk of Council Ross read by title Ordinance No.2022-026. Res. 2022-001 A RESOLUTION ADOPTING THE TAX BUDGET FOR THE CALENDAR YEAR 2023 Sponsors: Cleary Attachments: Res. 2022-001 Exhibit A.pdf Clerk of Council Ross read by title Resolution No. 2022-001. A motion was made by Council Member Cleary, seconded by Council Member Hilbert, to suspend the rules as to the three readings. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp A motion was made by Council Member Cleary, seconded by Council Member Hilbert, to adopt. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp C. 1st Readings None. VIII. Reports A. Mayor - Lance Westcamp Mayor Westcamp thanked Madison Township, especially Mr. Dildine, for leading the charge and Becky Hutson, for the dedication of the new Madison Township Fire House 183. It was a grand ceremony of a well-deserved honor for Edward B. Dildine’s commitment to his 50+ years of service to Madison Township. The Mayor was glad he was at the well-attended event. The first “Music in the Park” event had a good choice for the band. There was a small crowd, but the entertainment was wonderful. The City of Groveport Page 6 City Council Meeting Minutes June 27, 2022 Mayor expressed one concern with having events downtown, they hardly ever draw the residents in from the new subdivisions. The City put the First Thursday event in the back yard of the neighborhood, drawing much larger crowds. B. Administrator - BJ King Administrator BJ King looks forward to the 4th of July in Groveport and all the planned events for the day. C. Chief of Police - Casey Adams Chief Casey Adams supplied Council with the new stickers identifying residences that do not want solicitors or peddlers at their door. The Department will maintain a “do not knock” list for the residents who complain about the peddlers being too aggressive or coming to the door after dark. Shellie Rimmer is working on developing an official Groveport picture ID for the parties holding a valid solicitor permit. When applying for a solicitor permit, companies will come into the station and put 50 to 60 people on a list. Chief Adams wants a list and id of actual persons who will be going door to door in Groveport. The pictured IDs will assure citizens that the person at the door has a valid solicitation permit registration with the Groveport Police Department. D. Director of Finance - Jason Carr Finance Director Jason Carr reported that the 2021 audit is complete. The Auditor of State has tried to provide a high-level assessment of every governmental entity in the State related to financial performance, which Mr. Carr had included in his report. The last page of the information shows a history. Mr. Carr can go over more detail if Council Members have any specific questions. Mr. Carr would like to schedule a post-audit exit conference on Monday, July 18, 2022, at 5:00 p.m., where the auditors will present the audit results. Once the Auditor of State releases the audit report, the City will publish it on its website. Council Members should receive an e-mail when the audit has been certified and considered public record. #129-2022 Finance Director Council Report Attachments: Finance_Director_Council_Report_June2022.pdf City of Groveport Page 7 City Council Meeting Minutes June 27, 2022 E. Director of Law - Kevin Shannon Law Director Kevin Shannon had nothing further to report. F. Development Director - Jeff Green Development Director Jeff Green reported that the architects for Little Italy have everything they need for the permit drawings. Hopefully, the plans will be ready by the end of this week. The City is still waiting for the pricing from the architects working for Delaney’s Diner. Mr. Green has been reaching out to businesses to fill the Rarey’s Port building space. He is looking to fill the area with the preferred type of businesses named in the survey results. Residents in Groveport want bakeries. On Wednesday, Mr. Green is scheduled to meet at the Little Italy site with the architects, Avery Ward, contractors, and Wasserstrom representatives. G. Council Members - Jean Ann Hilbert, Ed Dildine, Shawn Cleary, Becky Hutson, Scott Lockett and Jack Rupp Council Member Rupp was disappointed that he could not attend the function at Fire House 183 on Saturday. Mr. Rupp sends well wishes and congratulations to Mr. Dildine and Mrs. Hutson's father. He would have been proud to represent Council. Council Member Ed Dildine thanked everyone who went to the dedication. It meant a lot to him and Becky Hutson, and they appreciated those who could attend. H. Clerk of Council - Ruthanne Sargus Ross Clerk of Council Ruthanne Sargus Ross had nothing further to report. I. Standing Committees None. IX. Other Business Executive Session Law Director Kevin Shannon requested Council to consider making a motion to go into Executive Session pursuant to Ohio Revised Code Section 121.22(G) to discuss personnel related matters, to include all City of Groveport Page 8 City Council Meeting Minutes June 27, 2022 members of Council, the Mayor, himself, the Administrator, and the Finance Director. A motion was made by Council Member Hilbert, seconded by Council Member Dildine, to go into Executive Session pursuant to Ohio Revised Code Section 121.22(G) to discuss personnel related matters, to include all members of Council, the Mayor, the Law Director, the Administrator, and the Finance Director at 7:21 p.m. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp Council Member Shawn Cleary left the meeting at 7:21 p.m. A motion was made by Council Member Rupp, seconded by Council Member Hutson, to come out of Executive Session at 7:47 p.m. with no action taken. The motion carried by the following vote: Excused: 1- Cleary Yes: 5- Dildine, Hilbert, Hutson, Lockett and Rupp X. Adjournment A motion was made by Council Member Hilbert, seconded by Council Member Dildine, to adjourn at 7:47 p.m. The motion carried by the following vote: Excused: 1- Cleary Yes: 5- Dildine, Hilbert, Hutson, Lockett and Rupp __________________________________________ Lance Westcamp, Mayor __________________________________________ Ruthanne Sargus Ross, CMC Clerk of Council PLEASE NOTE: THESE MINUTES ARE NOT VERBATIM. A RECORDING OF THE MEETING IS AVAILABLE IN THE CLERK'S OFFICE DURING REGULAR BUSINESS HOURS. City of Groveport Page 9