SAFETY COMMITTEE OF COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

MONDAY, SEPTEMBER 8, 2008

REGULAR MEETING

7:00 P.M.

1. ROLL CALL: Roll call was taken with Mr. Sabatino, Mrs. Sanders and Mr. Smith being present. There were no members absent. Others Present were: Tim Hansley, Chief Taylor, Don Phillips, Paul Lane, Stacey Bashore, Todd Christian, Tim Kelly, Andrea Kelly, Kelly Sweeney Hungerman and others.

2. A. APPROVAL OF MINUTES OF August 4, 2008, Regular Meeting Mr. Sabatino moved to approve; Mr. Smith seconded the motion. Roll call was taken with Mr. Smith, Mrs. Sanders and Mr. Sabatino voting "Yea." Motion passed, 3-0.

B. APPROVAL OF MINUTES OF August 13, 2008, Public Hearing Mrs. Sanders moved to approve; Mr. Sabatino seconded the motion. Roll call was taken with Mr. Smith, Mr. Sabatino and Mrs. Sanders voting "Yea." Motion passed, 3-0.

C. APPROVAL OF MINUTES OF August 13, 2008, Special Meeting- Mr. Sabatino moved to approve; Mrs. Sanders seconded the Motion. Roll call was taken with Mr. Sabatino, Mr. Smith and Mrs. Sanders voting "Yea." Motion passed, 3-0.

3. COMMUNITY COMMENTS: Andrea Kelly stated she lived 8140 Long Road and she hoped that the meeting would result in a more specified disturbing the peace ordinance. She stated they have been repeatedly subjected to noise and debris from a dirt bike track that is approximately 70 feet from their home. Mrs. Kelly reviewed the different ways that the dirt bike track has affected their family and the way that they would like to enjoy their property. Ms Kelly Sweeney Hungerman stated she lived at 8150 Long Road and they are currently watering down their track to keep the dust down. She stated that it has not been excessive and she didn't feel they should be told when they can ride their dirt bikes. Ms Hungerman stated they have never been cited by any of the police officers because it is not on public land. Mr. Smith stated the ordinance would be discussed later in the agenda. Mr. Kelly stated the noise invades their house and the stress is overwhelming. Ms Hungerman stated she has a neighbor across the street who knows that they can come to her if there is a problem. Mr. Kelly stated when they go around the track the sound is directed straight at his living room and the neighbors who are 600 feet away are parallel with the track. Mr. Todd Christian stated he lived at 8200 Long Road and the loudest portion of the track behind his house where they hold the throttle wide open. He stated he has sat in his house with the doors and windows wide open and it doesn't bother his 21 month old. Mr. Christian invited the Committee to come to his house to listen to the noise level. Mr. Smith stated Mr. Kelly contacted him and he informed him that Council would rather that neighbors work things out among themselves. He further stated that he is an avid property rights person. Mr. Smith stated that generally speaking City Councils tend to shy away from writing ordinances to affect one specific situation so therefore ordinances tend to be broad. Mr. Sabatino stated that most of the ordinances that are in place have had some instances that are dealing with issues.

4. COMMUNITY SAFETY CONCERNS: Mr. Smith stated he had heard that the Longview basement flooding is still being dealt with. Mr. Hansley stated it is still pending before the Service Committee of Council.

5. DEPARTMENT REPORTS

A. Parks and Recreation:

(1) Director's Report- Mr. Smith stated the Committee had received the written report. Mr. Hansley stated he could answer any questions in Mr. Carr's absence. Mr. Smith asked about the pool and Mr. Hansley reported it was a very successful season and we put money back into the facility for maintenance issues. Mr. Sabatino stated he met with Mr. Carr on Friday and he was asked to update the Committee on playground equipment. He stated the equipment is on order and they are going to reconfigure the way the equipment was before. Mr. Sabatino stated they will be utilizing staff and volunteers to put the equipment together. He stated that is something they anticipate being done this season.

B. Code Enforcement:

(1) Code Enforcement Officer's Report - Mr. Smith stated the Committee had received the written report. Mrs. Sanders asked what the next step was for the Exxon Station and Mr. Hansley stated they have met the requirements of the Nuisance Abatement Committee so now we are back to negotiating with them to clean up the site. He stated there are still negotiations on remodeling the car wash and bringing a new business there. Mr. Sabatino asked if there was a reason to leave the fence now that the hole is filled and Mr. Hansley stated there is no legal reason to keep it up so if that is an issue we can ask them to remove the fence.

C. Building Regulations Department:

(1) Building Department Report- Mr. Lane stated he had provided his written report and would be happy to answer any questions. Mr. Sabatino asked if there were any plans for the last month and Mr. Lane stated it was three or under.

(2) Chief Building Official's Report- Mr. Phillips stated he had provided his written report and would be happy to answer any questions. He stated there are two house plans sitting on his desk to review and there are at least two more heading his way. Mr. Smith asked if Mr. Lane could cover this report at the meetings instead of having Mr. Phillips attend. Mr. Hansley stated if there is a change or an issue that he needs to address we can have him attend.

D. Service Department

(1) Review and discussion regarding on-street parking during a snow emergency- Mr. Hansley stated the changes accomplished giving us more flexibility so we are not tied to a certain amount of snow to declare a snow emergency. Mr. Smith moved to forward the draft Ordinance to Council; Mrs. Sanders seconded the motion. Roll call was taken with Mr. Smith, Mrs. Sanders and Mr. Sabatino voting "Yea." Motion passed, 3-0.

6. POLICE:

A. Chief's Report - Chief Taylor stated he had provided a copy of his written report and would be happy to answer any questions. Mr. Smith stated he noticed that incidents had leveled off somewhat.

7. CHAIRMAN:

A. Review and discussion regarding Section 618.015 of the Pickerington Codified Ordinances relating to dangerous and prohibited animals. Mr. Smith stated this Ordinance was declared unconstitutional but was never changed. He stated the law director reviewed it and made changes to bring it up to date. Mr. Smith moved to forward the draft ordinance to Council; Mrs. Sanders seconded the motion. Roll call was taken with Mr. Sabatino, Mrs. Sanders and Mr. Smith voting "Yea." Motion passed, 3-0.

B. Review and discussion regarding Ordinance 96-51 (Disturbing the Peace) Mr. Smith stated he had asked the law director to look at this ordinance and he thought it was poorly written and almost unenforceable. Mr. Smith requested that the law director review other communities and see how they handle this and come up with alternative language. Mr. Sabatino asked if there was an ordinance dealing specifically with noise levels and Mr. Smith stated this is the closest one to that. Mrs. Sanders stated she thought it was too vague. Mr. Hansley stated unless you invest in a decibel measuring device the Courts have said it is unenforceable. He further stated unless you set a decibel level with a few exceptions such as a parade or tornado siren you have to uniformly enforce it. Mr. Smith stated he didn't want everyone carrying noise measuring devices around. Mr. Sabatino stated we need to find a general ordinance that deals with noises that still allows people to enjoy their property. The Committee requested that the City Manager ask the law director to email a draft of a Disturbing the Peace Ordinance to Council before the next Safety Committee meeting. Mr. Smith stated we are not changing this ordinance to fix one specific situation, but we are looking at it to make it better.

8. OTHER BUSINESS: There was none.

9. ADJOURNMENT There being nothing further, Mr. Sabatino moved to adjourn; Mr. Smith seconded the motion. Mr. Smith, Mrs. Sanders and Mr. Sabatino voted "Aye." Motion carried 3-0. The Safety Committee adjourned at 7:58 P.M on September 8, 2008.

RESPECTFULLY SUBMITTED

Stacey L. Bashore, Deputy Municipal Clerk