WEDNESDAY, OCTOBER 21, 2009

REGULAR MEETING

7:50 P.M.

1. ROLL CALL. Mr. Sabatino called the meeting to order at 7:50 P.M., with roll call as follows: Mr. Sauer, Mrs. Sanders, and Mr. Sabatino were present. No members were absent. Others present were Lynda Yartin, Chief Mike Taylor, Lance Schultz, Greg Bachman, Paul Lane, Don Phillips, Phil Hartmann, Steve Carr, Mark Matthews, Keely Weaver, Pam Good, Gary Taylor, Dan Heitmeyer, and others.

2. APPROVAL OF MINUTES OF September 16, 2009, Regular Meeting. Mr. Sauer moved to approve; Mrs. Sanders seconded the motion. Roll call was taken with Mr. Sabatino, Mrs. Sanders, and Mr. Sauer voting “Yea.” Motion passed, 3-0.

3. COMMUNITY COMMENTS:

A. Gary Taylor. Mr. Taylor stated he is the fourth generation of the Taylor family to live in the community and he would like to address the issue of moving the Jazz and Rib Fest to Victory Park.. Mr. Taylor stated the property that is called Victory Park was donated to the Village in January 1942 by Mr. A. J. Good and his grandfather, Doctor W. P. Taylor. Mr. Taylor stated there is a paragraph in the deed that states “The above described premises shall be used only for recreation, religious, or educational purposes and if used for any other purpose or purposes, said premises shall at once revert back to and vest in the grantors, their heirs, and assigns forever.” Mr. Taylor stated he has no concern at all about the Jazz and Rib Fest being moved to Victory Park, but he did have concern about the Beer Garden coming along with it. Mr. Taylor stated he knew the Beer Garden is needed to finance the event, but with what has been said by the two gentlemen who graciously gave that property to the city, he did not feel there was any question in the interpretation of “shall be used only for recreation, religious, and educational purposes.” Mr. Taylor stated he did not see any way where a Beer Garden would fit any of that definition. Mr. Taylor stated he would ask the Committee to consider that when any vote came up. He further stated he would like to point out that in 1998 there was an ordinance that was proposed for Council to amend the section of the ordinances the city has whereas the current language prohibits alcoholic beverages in the city parks. He stated an ordinance was proposed to bypass that for four days for the first Violet Festival and that ordinance was never passed. He stated therefore there is a previous record on this issue and he would ask the Committee to consider that as well.

4. COMMUNITY SAFETY CONCERNS: There were no safety concerns.

5. POLICE:

A. Chief’s Report. Chief Taylor stated he had provided a written report and he would answer any questions. Chief Taylor stated in addition to his written report he had distributed a copy of our Plan in case we have a problem with the H1N1 virus.

(1) Review and request for motion to approve draft ordinance accepting a donation from the Big Walnut 3261 Charity Fund, Inc., to be used for the City’s K-9 Program. Mrs. Yartin stated she had provided the Committee members with an additional draft ordinance to accept a donation from BW Tire of Pickerington, Ltd., for the K-9 Program as well. Chief Taylor stated the Big Walnut 3261 Charity Fund is an organization that deals with the profits from bingo sales, and after hearing about the K-9 program they asked if they could donate $1,500. Chief Taylor further stated the donation from BW Tire of Pickerington was also to accept a donation of $1,000 for the K-9 program. Mr. Sauer moved to approve and forward both ordinances to Council; Mrs. Sanders seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Sauer, and Mrs. Sanders voting “Yea.” Motion passed, 3-0.

6. DEPARTMENT REPORTS:

A. Parks and Recreation:

(1) Director’s Report. Mr. Carr stated he had provided a written report and he would be happy to answer any questions. Mr. Carr stated the parking lot sealing and striping at the pool has been completed. Mr. Carr further stated if we can fit it into the budget we are considering a bottom rail for the fence as the initial project only included a top rail, and the door installation is complete except for the painting that will occur in the spring. Mr. Carr stated he would like to note that the Service Department spent time working on the disc golf course and it was amazing the amount of work they accomplished in a short time. He stated he hoped the course would be ready to open by June 1^st, if not earlier.

B. Code Enforcement:

(1) Code Enforcement Officer’s Report. Mr. Sabatino stated the Committee had received a report from the Code Enforcement Officer, and Mr. Schultz was present to answer any questions. Mr. Sabatino stated beginning with the next meeting, and until we get a handle on Code Enforcement, he would like to have the Code Enforcement Officer be required to attend the Safety Committee meeting. Mr. Sabatino moved to request the City Manager require the Code Enforcement Officer attend the Safety Committee meetings until further notice; Mr. Sauer seconded the motion. Roll call was taken with Mr. Sauer, Mrs. Sanders, and Mr. Sabatino voting “Yea.” Motion passed, 3-0.

a. Code Enforcement Technology Update. Mr. Schultz stated he had reviewed three options for the technology update as outlined in the report provided to the Committee. He stated his recommendation would be Option “A” as outlined in the report and is a combination of the upgrade of the connection between City Hall and the Building Department with training provided by Franklin Systems and Don Phillips. Mr. Sauer stated he agreed that Option “A” would be a good starting point and Mr. Sabatino clarified we already have the software. Mr. Schultz stated we do have the software and the cost involved would be to upgrade the connection speed and training. Mr. Sauer inquired if this would need to be included in the budget for next year, and Mr. Schultz stated he does have $5,000 in his budget for professional services and it may be possible to use that money this year. Mr. Sauer clarified that is money that has already been appropriated. Mrs. Sanders clarified that if we would start with Option “A,” it could be upgraded with some of the other options as we find out how the system works. Mr. Sabatino stated he did feel it would be best to use what we have to get started and then add to the system as we find it necessary. Mr. Wisniewski stated Mr. Schultz had also recommended hiring another Code Enforcement Officer, and Mr. Schultz stated he felt that instead of purchasing Options “B” or “C” it would be a better use of funds to hire someone part-time during the summer when there are more violations. Mr. Wisniewski clarified that Mr. Hartmann felt there was no problem in using volunteers for that purpose. Mr. Sauer moved to authorize the City Manager to pursue Option “A” as discussed in the report provided to the Committee; Mrs. Sanders seconded the motion. Roll call was taken with Mr. Sabatino, Mrs. Sanders, and Mr. Sauer voting “Yea.” Motion passed, 3-0.

b. Review and discussion of Long Term Code Complaint Report. Mr. Schultz stated per the Committee’s request 10 long term violations were identified. He stated a majority of these are repetitive violations where there are some parts of our code that are difficult to enforce. Mrs. Sanders inquired if these were the oldest complaints or the biggest problems. Mr. Schultz stated they are both and the dates of complaints were not in the report, but he would get that information for the next meeting. Mr. Sauer stated as Mr. Schultz had indicated a lot of these get closed and then reopened immediately, and he questioned how difficult it would be to put a date of resolution in the report. He stated that would show when it was opened, closed, opened, closed, etc., so the Committee would know the number of times it has been closed and reopened and they would have a better history of the complaint. Mr. Schultz stated he could provide that information in the report.

c. Review and discussion of Law Director’s October 1, 2009, Code Enforcement Inquiries memorandum. Mr. Hartmann stated three specific questions were raised by staff regarding code enforcement, and he had provided responses to those inquiries. Mr. Hartmann stated he would be happy to answer any questions regarding this issue. Mr. Sabatino stated he found it revealing to find that we do have the right to enter, if we are invited, on the complainant’s property and use that as the basis for documenting violations. He stated there was a preconceived notion in the past that that was not the case, and Mr. Hartmann stated from a legal standpoint there is no problem in doing that as long as you have the right to be on the adjacent property when viewing the violation. He stated he would add a caveat that a lot of cities try to avoid doing this because they feel it is more of a personal battle between neighbors. Mr. Wisniewski stated then as long as a property owner invites you on their property, and the violation is visible from that property, then you can use that information. Mr. Hartmann stated he, the prosecutor for Mayor’s Court, and staff had a very productive meeting and they went through these types of scenarios. Mrs. Sanders stated she was really bothered by the fact that the complaints on 671 Long Road had been going on for so long and that certain other authorities had not been contacted. She stated she would just like to make sure that if there is ever a question as to if another authority should be contacted, someone should make that call. Mr. Hartmann stated he felt direction to city staff would be helpful. He stated what staff does now, and what they do in most cities, is they try to get the problem corrected without immediate intervention. He stated if the city wants to continue with this process, the staff just needs that direction. Mr. Wisniewski stated he felt that had always been the case, but when you have something that has been going on for two and a half to three years, it is pretty evident that the current process isn’t working. Mr. Hartmann stated he was not speaking to any specific case, he just wanted to make sure everyone was on the same page that that was still going to be the process. Mr. Hartmann stated he also had one other question that had been raised by the Code Enforcement Officer, and there are issues where there are preexisting nonconforming uses. He stated, for example, he has been trying to enforce the RV parking requirements in a residential area, however, the property owner claims he has had the RV and has lived in his house long before we passed the ordinance in 1992. Mr. Hartmann stated that being the case, he does have a preexisting right to continue to use it that way, however, the questions that can be asked have been outlined in a memorandum to the Code Enforcement Officer. Mr. Hartmann stated one option would be to amend our code to get rid of the preexisting uses by saying that once the camper, RV, or whatever is actually taken out of commission then you no longer have that use. He stated right now our code does not have that. Mr. Hartmann stated also if this person has a bigger RV than the one he had in 1992, but if it is any bigger it would be a violation and they could be cited because that would be considered an expansion. He stated the memorandum on this issue would be provided to everyone. Mr. Sauer inquired if there were any examples from other communities on how they determine what is reasonably free from refuse and that does not have excessive storage, and Mr. Hartmann stated he felt he could pull some examples and it would be a good idea to put that together. He stated he would look into that and try to have some examples by the next Committee meeting. Mr. Schultz stated it is very frustrating when staff cannot enforce a violation because it upsets the residents and yet it is almost impossible to get it resolved. Mr. Wisniewski stated that is where he felt there should be better communication between staff and council. Mr. Wisniewski stated if staff is getting eight calls about something, and it is not a violation, if council does not know about it then when someone contacts them they don’t know what is going on. Mr. Schultz stated he understood what Mr. Wisniewski was saying. Mr. Sabatino stated that is why he keeps going back to getting all the activity logged so they would have the historical data to draft the legislation that is necessary to enforce these issues.

C. Building Regulations Department:

(1) Building Department Report (Mr. Lane) Mr. Lane stated he had provided a written report and he would be happy to answer any questions. Mr. Sabatino clarified we had four permits issued last month and we are ahead from last year.

(2) Chief Building Official’s Report (Mr. Phillips) Mr. Phillips stated he had provided a written report and he would be happy to answer any questions. Mr. Sabatino clarified we are in the 30-day waiting period for the ordinance regarding contractor registration to take effect.

D. Service Department: There was no report from Service Department.

7. CHAIRMAN: Mr. Sabatino stated he had nothing to bring forward.

8. OTHER BUSINESS:

A. Review and discussion regarding noise at Doolin’s Pub. Chief Taylor stated the two cases for Mayor’s Court were continued and an update will be provided to the Committee when something happens with these cases. Mr. Sabatino stated he would like this continued on the agenda. Mr. Sauer stated he understood this issue had the potential of slipping through the cracks because of the fact that it is township residents complaining about a city establishment. He stated he would like to see us pursue some kind of cross-jurisdictional agreement between the township and the city that works with township residents with city structures that are impacting them, and vice versa for city residents where township structures are affecting them. Chief Taylor stated Mr. Hartmann was advised of this issue and he would follow up with him on the status.

B. Review and discussion regarding request for waiver of alcohol restriction in Victory Park for the Rib Fest. Mrs. Yartin stated the Committee had received copies of the deeds with the restrictions listed. Ms Keely Weaver stated she is Co-Chair of the Jazz and Blues Rib Fest and it is a great community event for the City. Ms Weaver stated there have never been any issues with the event that she is aware of, and she was asking for permission to move the event to Victory Park as they have outgrown the street. Mr. Sabatino stated he felt there was no problem with moving the event to the park. Ms Weaver stated alcohol is a part of the festival, and she would like to ask Council to think about how they are going to support these types of festivals, and she appreciated the City listing the festival on their web site. Ms Weaver stated she has heard comments that it would be close to the school, but the beer garden at the Violet Festival sits close to Tiger Stadium so that is closer to the school than this would be, and the beer garden at Gazebo Park is still close to Victory Park, so all of these are adjacent. She stated she would question if whether it was moved a few hundred feet in the Park if it would make any difference. Ms Weaver this is a community event and if we are going to have this event, and if we are going to have it annually, she needs council’s help. Mr. Sabatino stated the Violet Festival has had a beer garden for several years and there have been no issues with having it outside the park. He stated there are deed restrictions from back when the park land was donated to the city, and we have never approved beer consumption in the park. Mr. Sabatino stated he personally did not have a problem with having a beer garden, and he had no problem with having the festival in the park, but he did not feel we needed to go to the level of breaking the longstanding tradition of keeping alcohol out of our parks, and to potentially jeopardize our park by a reversion back to the donors. Mrs. Sanders stated she would like to know how Chief Taylor felt about having the beer garden in the park, and Chief Taylor stated he would have to echo Mr. Sabatino’s comments. Mrs. Sanders stated she was torn because she did not really want the beer garden in the park, but we are a small community and there is no other place to hold the festival.

Mr. Dan Heitmeyer stated he is President of the Violet Festival this year and he agrees with Ms Weaver’s position on what she wants to do with the Jazz & Rib Fest. He stated he understood the issue is the beer garden, and there have been no issues or problems with the beer garden in the past and it is a vital element for the Rib Fest as well as the Violet Festival. Mr. Heitmeyer stated the Violet Festival and the Rib Fest are recreational events for the community and they support businesses, local groups, and it benefits a lot of people. Mr. Heitmeyer stated they bring people to the community, they help businesses in the community, and we need people to know about downtown Pickerington. Mr. Heitmeyer stated the intention of the Violet Festival this year is to move the beer garden as well, and they have had no issues with the beer garden. Chief Taylor stated this is not completely correct, there have been issues there. Mr. Heitmeyer stated none that were to the point there were fights or anything like that, and he would like to address the possibility of moving it down to the tennis court area so that it will be closer to the main stage. Mrs. Sanders stated she would like to know our legal obligations on this and Mr. Hartmann stated he had not seen the original deed until this evening and he would like to speak with his real estate department to see what type of risk there was relating to this reverter and the definition of beer garden and where that fit into it. He stated he would get back with the Committee as soon as he has had that discussion. Mr. Sauer stated he would like to see what the law director finds out after speaking to the real estate division, but he did not have a big issue with having the beer garden in the park because it is a festival and it is confined. He stated he did not see this as a major safety concern since it is confined, it is controlled, it is in a single location, it is fenced in, no kids are permitted in, and there are bouncers there. He stated if the legal opinion came back and there is nothing there that would cause a reversion back, he would look at this as a recreational use. Mr. Hartmann stated he would get back with the Committee. Mr. Sabatino stated he does not have a problem with having the festival in the park, nor with having a beer garden, but he did not feel the beer should be in the park. Mr. Sabatino asked for this to be continued on the agenda for the next meeting.

Mr. Gary Taylor stated in looking at the wording on the deed, he did not feel there was any question as to the intent the two gentlemen had. He stated back at that time such a thing as having a beer garden was not known, and they gave the property for the good of the community. Mr. Taylor stated first there was no alcohol allowed, then the request to allow it for one event, now two events, so what is next. Who will be numbers three and four. He stated if these two are approved, how would you stop the next one. He stated he was present representing the family and he was appealing from the family standpoint and he asked that they not approve this request.

Mr. Sauer asked Mr. Hartmann, with regard to the issue of Doolin’s Pub, if any type of effort could be made for a cross-jurisdictional agreement. Mr. Hartmann stated this is not a unique situation and they are looking into it. He stated the initial concern is that generally municipalities can enter into agreements to co-enforce each others ordinances, but unfortunately this is with the county. He stated they are reviewing the Ohio Revised Code now to see if that can be done. Mr. Hartmann stated in this instance the actual violation is occurring in the Township, because the complaint of the noise is in the township. He stated you cannot enforce an ordinance beyond your jurisdiction and that is what is happening, the actual complainant is outside of our jurisdiction and legally beyond our reach unless we have an enforcement mechanism with the adjoining municipality or county. Mr. Sauer clarified that any agreement would apply with the county anywhere along our border.

9. ADJOURNMENT. There being nothing further, Mr. Sauer moved to adjourn; Mrs. Sanders seconded the motion. Mr. Sauer, Mrs. Sanders, and Mr. Sabatino voted "Aye." Motion carried, 3-0. The Safety Committee adjourned at 9:10 P.M., October 21, 2009.

RESPECTFULLY SUBMITTED:

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Lynda D. Yartin, Municipal Clerk