City Council

City of Groveport 655 Blacklick St. Groveport, OH 43125 614.830.2052 www.groveport.org . Meeting Minutes Monday, November 28, 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 November 28, 2022 I. Call to Order Mayor Lance Westcamp called the City Council meeting to order at 6:30 p.m. Staff Present: BJ King - Administrator, Kevin Shannon - Law Director, Jason Carr - Director of Finance, Casey Adams - Chief of Police, 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 - November 14, 2022 The November 14, 2022 City Council Minutes stand approved as submitted. #263-2022 City Council Meeting Minutes Attachments: City Council Meeting Minutes 11.14.2022.pdf Introduction of New Employees Recreation Director Seth Bower introduced new employee Ian Johnston, Recreation Manager. Ian is starting just in time to help with the Junior Cavs Program with its 281 participants. Ian Johnston comes from West Virginia, where he has worked in several recreation departments. Most recently, Ian worked at the Veterans Hospital in Columbus. Ian Johnston added that he is very excited to get started and join the team here in Groveport. Public Service Director Brian Strayer introduced Dustin Stebelton. Dustin lives in Pickerington and is Mike Stebelton's son. He worked at DHL for five years. The Public Works Department had two (2) City of Groveport Page 1 City Council Meeting Minutes November 28, 2022 retirements, John Detty and Mike Stebelton. Also introduced was Moises Jaime-Navarro. Both Mr. Jaime-Navarro and Mr. Stebelton are Park Grounds Maintenance Workers. Jeremy Reeve has moved to replace Mike Stebelton in Public Works Street Maintenance, leaving a vacancy in the Parks Department. VI. Business of Guests Mayor Westcamp acknowledged newly elected State Senator Michelle Reynolds. Mrs. Reynolds said it was an honor to be here and thanked the Council for their support. She looks forward to working with all of them. Mrs. Reynolds is big on home rule and local control. She will work closely with the councils and townships to understand the issues and challenges some may be experiencing and how she might be helpful at the State level. VII. Ordinances and Resolutions A. 3rd Readings Ord. 2022-039 AN ORDINANCE AMENDING PART FIFTEEN - FIRE PREVENTION CODE OF THE CITY OF GROVEPORT CODIFIED ORDINANCES, CHAPTER 1519, FIREWORKS Sponsors: Lockett Attachments: Ord. 2022-039 Exhibit A.pdf Council Member Lockett asked if this Ordinance would ban fireworks altogether. Mr. King stated that this Ordinance would keep the City's current code which prohibits the use of fireworks within the municipal corporation. Mr. Shannon clarified except for the days listed in Exhibit "A," which mirrors the current State law. The current State law allows fireworks to be fired off on those days as set forth in the said exhibit. Because the City did not successfully pass this legislation last summer, Groveport's city code is in effect, which is an absolute ban on any fireworks in the City. If Council adopts this legislation tonight, it will mirror the State code and allow fireworks within the City of Groveport on the specific days outlined in the Ohio Revised Code. Mr. Lockett asked if this Ordinance was not to pass, could Council come back to allow fireworks on just the Fourth of July. Mayor Westcamp asked if Council could amend the legislation. Mr. Shannon advised that Council could amend the exhibit. One of the previous City of Groveport Page 2 City Council Meeting Minutes November 28, 2022 versions introduced was allowing fireworks on the Fourth of July only. After several discussions, some Council Members decided they didn't want just one day. They thought it should mirror the State code. Back in the summer, Council wanted to specifically state what the State law requirements were with the first Ordinance. So when Mr. Lockett wanted to reintroduce this legislation, the exhibit included all the dates. Council could make a motion to amend to allow only the Fourth of July. If the Ordinance fails as it stands, Council could reintroduce legislation to allow fireworks on the just the Fourth of July. A motion was made by Council Member Lockett, seconded by Council Member Dildine, to adopt. The motion failed by the following vote: Yes: 3- Dildine, Hutson and Lockett No: 4- Cleary, Hilbert, Rupp and Westcamp Ord. 2022-040 AN ORDINANCE ACCEPTING / AUTHORIZING THE ADMINISTRATOR TO ENTER INTO AN EASEMENT AGREEMENT WITH GROVEPORT VENTURE, LLC AND TO ACCEPT THE GRANT OF STORM SEWER EASEMENTS FOR A STORM SEWER SYSTEM LOCATED AT 3755 HAYES ROAD, PARCEL NUMBER 185-003034 Sponsors: Cleary Clerk of Council Ross read by title Ordinance No. 2022-040. A motion was made by Council Member Cleary, seconded by Council Member Dildine, to adopt. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp Ord. 2022-041 AN ORDINANCE ACCEPTING / AUTHORIZING THE ADMINISTRATOR TO ENTER INTO AN EASEMENT AGREEMENT WITH GROVEPORT VENTURE, LLC AND TO ACCEPT THE GRANT OF STORMWATER MANAGEMENT DRAINAGE EASEMENTS FOR SITE STORMWATER MANAGEMENT BASINS LOCATED AT 3755 HAYES ROAD, PARCEL NUMBER 185-003034 Sponsors: Dildine Clerk of Council Ross read by title Ordinance No. 2022-041. A motion was made by Council Member Dildine, seconded by Council Member Cleary, to adopt. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp City of Groveport Page 3 City Council Meeting Minutes November 28, 2022 Ord. 2022-042 AN ORDINANCE ACCEPTING / AUTHORIZING THE ADMINISTRATOR TO ENTER INTO AN EASEMENT AGREEMENT WITH GROVEPORT VENTURE, LLC AND TO ACCEPT THE GRANT OF CONSERVATION EASEMENT FOR PROTECTION OF A STREAM CORRIDOR PROTECTION AREA AT 3755 HAYES ROAD, PARCEL NUMBER 185-003034 Sponsors: Hutson Law Director Kevin Shannon requested Council to consider making a motion to amend the Title of Ordinance 2022-042 by replacing the word PROJECTION with PROTECTION. Clerk of Council Ross read by title Ordinance No. 2022-042. A motion was made by Council Member Hutson, seconded by Council Member Rupp, to amend the title of Ordinance 2022-042 by replacing the word PROJECTION with PROTECTION. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp A motion was made by Council Member Hutson, seconded by Council Member Hilbert, to adopt as amended. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp Ord. 2022-043 AN ORDINANCE AMENDING ORDINANCE NO. 18-050 (ADOPTED 12/17/2018) ESTABLISHING GOLF RATES AND FEES FOR THE GROVEPORT MUNICIPAL GOLF COURSE Sponsors: Hilbert Attachments: Ord. 2022-043 Exhibit A.pdf Clerk of Council Ross read by title Ordinance No. 2022-043. A motion was made by Council Member Hilbert, seconded by Council Member Hutson, to adopt. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp Ord. 2022-044 AN ORDINANCE AUTHORIZING THE ADMINISTRATOR TO DONATE THE PROPERTY LOCATED AT 595 CHERRY STREET, PARCEL NUMBER 185-000230 TO THE GREATER GROVEPORT FOOD PANTRY Sponsors: Rupp Mr. Cleary asked for affirmation that donating the property would relieve the City's responsibilities of any utilities or other obligations. Mr. King stated this would relieve the City of any obligation with costs associated City of Groveport Page 4 City Council Meeting Minutes November 28, 2022 with the property. The Food Pantry Board is willing and looking forward to accepting the parcel. The property will become the Food Pantry's asset. Mr. Dildine remarked that there would be no stipulations on the property, and the Food Pantry Board would be able to do whatever it wanted with the property. Mr. Shannon responded that Mr. Dildine was correct. City Administration talked about that matter while considering this donation. Mr. Shannon will prepare the deed for the donation of the 595 Cherry Street property. If Council was desirous, a fee simple determinable provision in the deed could state that if someone used the property for any other purpose than a food pantry, it would revert to the City. Mr. Shannon advised Council to be mindful that it had previously agreed to other charitable donations. One, in particular, was not used strictly for charity, which upset some Council Members. The building at 595 Cherry Street is real property; once the Board takes possession of the deed, it has full rights and could sell it the next day. Mr. Shannon would put that provision in the deed if directed to by Council. Mrs. Hilbert would make that motion, but Mr. Shannon suggested that Council vote on this Ordinance first because it authorizes the donation of the property. The Council could motion to direct the Law Director to put a fee simple determinable provision, or the appropriate language, in the deed. Mr. Cleary asked if the Greater Groveport Food Pantry, a 501c3 non-profit organization, sold the property for a profit. Would that money have to be used for something non-profit? Mr. Shannon stated that as long as the Board conforms with the IRS tax code with respect to that sale and the distributions of any assets, and they weren't jeopardizing their 501c3 status, it wouldn't be an issue. Clerk of Council Ross read by title Ordinance No. 2022-044. A motion was made by Council Member Rupp, seconded by Council Member Hilbert, to adopt. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp Mr. Shannon stated that a member of Council could make a motion to authorize the Law Director to add the appropriate language in the conveyance instrument by limiting the use of the property to a food panty. Mr. Dildine asked if the City could add a provision for first rights of refusal to buy or accept the property back by donation. Mr. Shannon said that was taking the matter too far. Groveport needs to keep it simple with the Greater Groveport Food Pantry (GGFP) is to use the property for that purpose or it reverts back to the City. Mrs. Hilbert City of Groveport Page 5 City Council Meeting Minutes November 28, 2022 suggested the City could attach language naming Groveport Madison Human Needs and/or Greater Groveport Food Pantry. Mr. Shannon advised that if Council were to say the property was to be used for any charitable purpose, that's fine. But, Council can't come back at a later point in time if the Food Pantry Board decides to donate the building to some other charitable entity. If Council wants that building to be used as a food pantry only, the best way to accomplish that is to have the provision in the deed as he has discussed. A motion was made by Mrs. Hutson, seconded by Mr. Rupp to direct the Law Director to a add a fee simple determinable provision in the deed conveyance. Mr. Lockett was concerned about changing the deal when they were pretty well into it. Council hasn't had this discussion prior to this meeting, maybe the GGFP Board doesn't want any stipulations on the deal. Secondly, Mr. Lockett hopes the food pantry does well and expands. Maybe they will want to sell that building and buy a bigger building down the road and this Council would be prohibiting them from doing that. Again, he feels the City is changing the deal after it is done; Council should have thought about this ahead of time. Mr. Lockett is opposed to putting any stipulations on the matter unless the City goes back to discuss them with the GGFP. Mr. Shannon noted that Council has a motion and a second and discussion by Mr. Lockett. At this point, the Ordinance has passed. Right now, Mr. Shannon does not have any direction except for preparing a simple conveyance deed to the GGFP. At the next City Council meeting, Council can consider a motion after Administrator King discusses the matter with the GGFP Board. Council could still make a motion tonight or the motion could be withdrawn if they don't want to move forward with the vote on the matter. Mrs. Hutson withdrew the motion. B. 2nd Readings Ord. 2022-046 AN ORDINANCE GRANTING A VARIANCE AS TO THE PERMITTED USES IN THE ESTABLISHED ZONING DISTRICT FOR THE PROPERTY LOCATED AT 0 HENDRON ROAD, PARCEL NO. 185-000917, CURRENTLY ZONED SUBURBAN OFFICE (SO), KARL HOALST, APPLICANT. Sponsors: Dildine Attachments: Ord.2022-046 Exhibit A.pdf Ord.2022-046 Exhibit B.pdf Clerk of Council Ross read by title Ordinance No. 2022-046. City of Groveport Page 6 City Council Meeting Minutes November 28, 2022 C. 1st Readings Ord. 2022-047 AN ORDINANCE AUTHORIZING THE ADMINISTRATOR TO PURCHASE A FREIGHTLINER M2 106 CAB, CHASSIS, SNOW EQUIPMENT, AND UPFIT FOR THE PUBLIC WORKS DEPARTMENT UNDER THE STATE OF OHIO COOPERATIVE PURCHASE PLAN THEREBY WAIVING COMPETITIVE BIDDING PURSUANT TO GROVEPORT CITY CHARTER SECTION 9.02(B) AND THE DECLARATION OF AN EMERGENCY Sponsors: Hilbert Law Director Kevin Shannon stated that staff had requested Council to consider making a motion to suspend the rules as to the three readings and the effective date so the City can take advantage of some pricing with respect to the State bid list. Clerk of Council Ross read by title Ordinance No. 2022-047. A motion was made by Council Member Hilbert, seconded by Council Member Cleary, to suspend the rules as to the three readings and the effective date so the City can take advantage of some pricing with respect to the State bid list. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp Mr. Cleary asked if this item was on-site or on order. Public Service Director Brian Strayer stated that this item would be ordered and be replacing a 2008 truck. The truck ordered sometime in October replaced a 2002 truck. This new truck isn't expected to be available until anywhere between six (6) and 18 months. Passing this Ordinance as emergency legislation not only locks in the price, it also allows the City to get in line for the next available truck. The truck ordered this spring was to be available immediately, but after thirty days, the dealer notified the City that a truck was not available. So both trucks should be available with this order. A motion was made by Council Member Rupp, seconded by Council Member Hilbert, to adopt as emergency legislation. The motion carried by the following vote: Yes: 6- Cleary, Dildine, Hilbert, Hutson, Lockett and Rupp Ord. 2022-048 AN ORDINANCE AUTHORIZING THE ADMINISTRATOR TO SOLICIT BIDS AND TO ENTER INTO A CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE 2023 ANNUAL STREET MAINTENANCE PROGRAM City of Groveport Page 7 City Council Meeting Minutes November 28, 2022 Sponsors: Hutson Clerk of Council Ross read by title Ordinance No. 2022-048. This Ordinance was referred to the Committee of the Whole. Ord. 2022-049 AN ORDINANCE AUTHORIZING THE ADMINISTRATOR TO SOLICIT BIDS AND TO ENTER INTO A CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE GOLF COURSE DRIVEWAY PROJECT Sponsors: Lockett Clerk of Council Ross read by title Ordinance No. 2022-049. This Ordinance was referred to the Committee of the Whole. VIII. Reports A. Mayor - Lance Westcamp Mayor Westcamp announced that Santa Claus is coming to town on Sunday, December 4, 2022, at 3:00 p.m. He thanked Madison Township and Community Affairs Director Jessica Wyke and her staff for their part in the Heritage Holiday event. B. Administrator - BJ King Administrator BJ King reiterated that the Heritage Holiday is from 3 to 6 on Sunday, December 4, 2022. The tree lighting is at 6:00 p.m., and Santa will arrive at 3:00 p.m. The gingerbread houses started coming to Town Hall today. He encourages everyone to stop by to vote on their favorite gingerbread house. Mr. King mentioned the 281 kids participating in the Junior Cavs program and the 55 participants who ran in the Eye on the Pie 5k Turkey Trot. Shawn Cleary was sporting his shirt from Thursday's event. He is happy with the turnout for this first-time event. Mr. Cleary quipped it was an honor to finish dead last. He still got a pie. C. Chief of Police - Casey Adams Chief Adams informed Council that there is another public safety forum meeting at the school on Thursday. The School District is meeting with each grade today and tomorrow to discuss disciplinary actions and consequences for students' acts. Officer Boso has been very busy and is still trying to catch up on all the reports. Chief Adams referenced Detective Gilbert's investigation of two City of Groveport Page 8 City Council Meeting Minutes November 28, 2022 individuals in a theft case. The Detective learned that Groveport is the only agency going after the individuals they brought into the police station today and got a full confession. The case involved $50,000 to $100,000 in thefts. Mr. Cleary noted that the closer it gets to Christmas break, the more things at the High School get out of hand. Officers Boso, Herrera, and Lieutenant Short have been at the High School a lot this year. Chief Adams goes up to the building to help handle calls and situations. It is all hands on deck right now trying to have that use of force through observance with all the police units visible on site. Chief Adams had seen on social media that the community was frustrated with the school zone in front of Groveport Elementary. It is hard to be at an elementary school when officers are at the High School. Mrs. Hilbert asked at what point does the City justify having all the officers at the High School, and no one patrolling the rest of Groveport. That is a major concern to the Chief, especially the day Officer Boso deployed the pepper spray. At one point, there were 15 to 25 units at the High School with officers from other agencies. The High School is taking resources from not just the City of Groveport but from Madison Township, Franklin County, the Village of Obetz, and the City of Columbus. There have been discussions at School Board meetings about the District acquiring its own security firm. D. Director of Finance - Jason Carr Finance Director Jason Carr had nothing further to report. E. Director of Law - Kevin Shannon Law Director Kevin Shannon advised Council that the City received correspondence from the Ohio Department of Commerce, Division of Liquor Control about the liquor license for the Best of Italy, Inc. Unless Council directs Mr. Shannon differently, he will check the box indicating the City does not wish to have any hearing on the consideration of issuing this permit. The permit appears to be the new license. Mr. Cleary asked if this was a full liquor license. The liquor license Little Italy currently has is for beer and wine only. Avery Ward is working on getting all permits; beer, wine, liquor, and Sunday sales. City of Groveport Page 9 City Council Meeting Minutes November 28, 2022 F. Development Director - Jeff Green Development Director Jeff Green was not present. G. Council Members - Jean Ann Hilbert, Ed Dildine, Shawn Cleary, Becky Hutson, Scott Lockett and Jack Rupp Council Member Jack Rupp had the opportunity to attend a School Board meeting. He asked about the public meeting on Thursday, but Mr. King said it was not a public meeting. It is a safety meeting with the Superintendent, the Assistant Superintendent, and the Athletic Director along with the two police agencies and the Madison Township Fire Department. Mr. Rupp commented that there was a discussion at the School Board meeting about hiring additional security and adding a couple of female security officers because many fights are among the female students. Council Member Cleary mentioned that the blowups are up along the golf course driveway. Mayor Westcamp congratulated Council Member Dildine on Bloom-Carroll’s football team qualifying for the State Finals. Council Member Hilbert announced that there would be a Rules of Council Committee meeting on December 19, 2022, at 6:00 p.m. Mrs. Hilbert appointed Jack Rupp and Scott Lockett to serve on the Rules of Council Committee. After reviewing the current Rules of Council, there are a few edits the Committee will consider changing. 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 None. City of Groveport Page 10 City Council Meeting Minutes November 28, 2022 X. Adjournment A motion was made by Council Member Cleary, seconded by Council Member Hilbert, to adjourn at 7:13 p.m. The motion carried by the following vote: Yes: 6- Cleary, 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 11