that's a good
one whoa whoa whoa
welcome welcome to the Tuesday September
26th meeting of Beckley city council
always nice to see a bunch of people in
here with us tonight and as always uh I
like to thank all of you up here for
your service to our city uh and you as
well Mr
mCP why thank you Mr Mark I appreciate
it let's find out who's here okay all
right Mr Marcelino Miss Lam key here
missad here Mr Markham here miss viable
Mr Kingler here and Miss Robinson here
thank you would you please rise and join
me in the Pledge of
Allegiance I pledge Ali to the flag of
the United States of America and to the
Republic for which it stands one nation
under God indivisible with liberty and
justice for
all thank you we have a couple special
guests with us here
tonight that's thank you thank you for
keeping me on the rails just a reminder
um if you would like to speak to a
specific ordinance tonight uh we do have
speaker slips over here that we would
ask you to fill out uh usually they're
out there and I know we've kind of we've
got them in here tonight so I'm just
going to remind you you will need that
for some of the specific ordinances if
you're here if you have not filled them
out having said that we will move to our
first special guest darus Blackford with
the Columbus marathon welcome sir hello
everyone
hello president of council mayor council
members thank you all for uh continuing
to allow me to come here and speak with
you it's the 13th time knock on W good
number myself and Taylor Swift
apparently she likes that number too but
um no I I I feel so honored that um the
resemblance exactly yeah I was 13 years
ago I was a lot taller and and smarter
and better looking than I am now so I
feel the fact that I'm still here it has
got
in in all seriousness I'm darus
Blackford race director of the
Nationwide Children's Hospital Columbus
marathon and half marathon and this is
the 43rd year of the Columbus marathon
coming through Bexley uh all that time
and um the race this year is October 15
I was uh I think you're discussing
budget items tonight maybe or I saw a
slide I'm very proud of the fact that a
lot of people don't know this that
Columbus marathon does not receive
Public Assistance we don't receive any
we pay our way we have about $5,000 an
hour for the city of Bexley that we come
we're here for 90 minutes we'll be our
first wheelchair will be here around
7:45 on October 15 our last walker will
be gone about 9:15 maybe me many of the
members of the community don't even know
we were here um we also take great pride
in the job we do to clean up we have a
great relationship with Goodwill of
Columbus this uh the Bexley The Drexel
section um a lot of times people discard
their um uh unwanted clothing in the
morning they they dress too warm they
get to mile four they're overdressed but
Goodwill comes through collects all that
clothing it gets donated to charity we
also this year um with the new changes
on Drexel we'll be actually adding um we
call them wind feathers they're
basically those those colorful markers
in front of each of the I think it's 10
Islands uh along Drexel for safety to
help people make sure but also it's just
going to really create a cool look the
tree the leaves are going to be changing
it's just uh this is really going to be
a great event this year so the other
part of this is we've raised more than12
million since we partnered with the
hospital uh since 2012 we're on Pace for
another million dollars this year and
you know the support of of communities
like Bexley the um we'll have another
patient Champion uh here mile four right
down by Columbus School for Girls and it
just it means a lot for us for you um to
let us use your city let us use the
streets and just continue to allow us to
do good work for the hospital and for uh
for the health and wellness of the
community anybody have any question
anybody running I know I know you'll be
busy
so keep it us safe uh anybody else
taking part or have family members or
friends or family members and friends
and always from out of town so it just
kind of speaks to yeah we we keep track
yeah people love to come and run get a
good time our job is to Hoot and Holler
on the side of the honestly that is
people every year comment I mean they
love coming you know they they they come
up broad they're they're still kind of
nervous getting the getting the uh
getting the edge off they they make that
turn on a Drexel it's exciting the
community really does turn out and it's
so wonderful to see that so thank you to
the entire Community to council to to
everyone that's involved and we just
appreciate it thank you thank you for
you know continuing to bring it here it
is definitely just one of those sort of
exciting annual things here in the city
that I think people we really look
forward to and it's EXC it's exciting to
have that us be a part of of that as
well so I personally put the door
hangers uh the Flyers out on on Drexel
and on Maine because I want to make sure
it's done
and a little the little um orange arrows
we tried something new this year they're
stickers we'll be peeling them up after
the race but uh again just thank you all
so much for for all the support it means
a lot thank you one thing to mention to
you real quickly is I know by the way
thank you for being so gracious when I
called you about Drexel just to make
sure that you were aware and you know
make sure that that wasn't G to
interrupt the marathon our pavement has
been delayed our repaving has been
delayed so it will not be repaved when
the marathon comes through I know that
you guys deal with all sorts of
different conditions but our commitment
is we will make sure to go through there
and if if there's anything you see Andy
B is our service director let them know
any we'll we'll be doing a punch list
leading up to the marathon to make sure
there's no OB hazards for the run I
drove just now and there there's the
there were some circles there were some
circles um around a few of the the gaps
that's all that has to be done so people
just know it's there and like I said by
putting those feathers up they're I
don't know 12 or 14 feet high uh you
know up in the air so people will see
them so they'll basically Veer around
those obstacles but no it really looks
good I'm I'm glad you did it from the
stamp of the Aesthetics it's going to be
great so thank you and next fall there
will be cherry trees those will be the
feather flags for you and the medians so
they will help for you gosh well thank
you and uh again just I I mean it from
the bottom of my heart the entire uh
event team our our 10 member board
everybody just appreciate what Bexley
does for us each year so the feeling is
very mutual thank you very much thank
you so uh continuing my uh celebration
of Beckley authors so I have invited
here tonight uh Kelly you know it's I'm
not sure if I'm going to pronounce your
name correctly is it m Mir yeah and it's
ironic because I've read your name so
many times and everything but I don't
know that I've actually pronounced it so
uh please approach here I I I just oh
thank you there's my
prop I've been uh I know I'm Shameless
right uh I I uh follow Kelly on social
media she's kind of uh to me just always
sort of a local badass with the black
belt and everything like that and then
uh this last year she wrote this
fantastic book and uh I read it I just I
just loved it it is about I'll let you
talk a little bit about what is about
but it's definitely Beckley such a
Bexley book um it's very special for me
to be here I know some of you very well
some of you I don't know at all um the
short synopsis is the book is called
lessons from nowhere because because
when I was a young girl I moved about
once every six months of my life so my
father was a bit of a con man uh but he
was a great guy you know I say that and
it makes him sound not so great um we
had some addictive issues lots of issues
so by the time I was 20 years old I
lived in 33 different homes and when you
move at that speed you don't remember a
lot it's um it can be very traumatic and
yet I spent three years here in Bexley
which was the longest I ever lived
anywhere now we couldn't stay in one
house so we lived in multiple houses in
Bexley because I think we could stay
until we couldn't pay the rent and then
he'd get his way into another house and
we'd stay there so we kept moving around
houses but he stayed still enough to
allow me the opportunity to go to Bexley
for three years Beckley high school and
then um oh there it is okay um and I had
to drop out so at one of the greatest I
think the hardest moment of my life was
when I had to actually drop out of
Bexley high school ironically it was
September 11th 1985 um it's a day that
is etched in my memory forever and all
time and I I loved Bexley high school
and then I went on from that point to
have quite an amazing life um without
parents I I was on my own by 16 and a
half 17 years old I made my own way
and my ability to function in this world
to communicate uh to interact with
people at all different levels is
absolutely hands down the product of
what I experienced here in Bexley
whether it yeah I mean it really is I'm
like the Bally billboard but um but
whether it was the networking it was the
people it was the support it was the
education or it was the memories all of
that impacted me so when it came time I
had my first two kids in Los Angeles um
I don't know if any of you have ever
lived there but it I was happy to leave
um I had to find another I had to move
my family and move my business and I
chose Bexley because of the memories
that I had here and I've been fortunate
to have my children uh my two from Los
Angeles they were quite a bit older so
they didn't go to Bexley high school but
my two younger ones graduated from
Bexley high school and have gone on to
have thriving lives and in every way my
gratitude um is immense so it's really
ironic that I'm standing in front of you
guys um but in the book it's called
lessons from nowhere because I didn't
want to write a book about being sad or
woe is me or this was my life I valued
everything I learned and Bexley does
have I think two two or three chapters
in there about hard moments I went
through here but how that helped to
develop me and I even talk about streets
by name and houses and people that
impacted me
uh so it is called lessons from nowhere
because I didn't ra I wasn't raised
anywhere I'm the product of living
nowhere but somehow the product still
turned out okay and then to be able to
start a business here and to teach
hundreds and hundreds and hundreds of
children throughout my 15 years of
having a business in Bexley uh the kids
are on the mat right now let's really
hope that when I get back there my
building is still standing but um the
people running my mat are Bexley kids
and they're still kids but yet they're
doing well enough that they can run my
business in my absence and then the
caveat of it all and I'll leave it with
this is that my one big big dream in
life was to go to college and I talk
about that extensively in the book book
and it just wasn't in the cards for me
and I had children very very young and
now I am a junior in college I had to
wait till my last one graduated and she
I'm at Capital so I'm keeping it in
man I'm at Capital and my daughter is
transferring to Capital and we will
graduate from Capital at the same
graduation wow so that'll be it after
that I can just drop I'm done like that
that's it uh but anyway that's that's
what the book is about and I just really
I know you guys have we have our
challenges here in Bexley we do and
anybody that's lived I've lived here for
22 years now we all know that but man we
have a lot of good stuff and we
really help our youth to go out and make
this massive massive impact on the world
so I really appreciate everything you
guys are doing too to keep this going
thank you so much I I just say like
yeah you and you can come to the book
for the Bexley stuff because you will
definitely recognize the landmarks and
the streets and things like that but you
will stay for this just compelling story
that is just uh just a gripping
fascinating story I I just absolutely
loved it so I'm really really happy that
you're here and I I just I'm really
thankful that you are a part of this
community and that you're contributing
this art as well actually now that my
kids are all grown I could leave and we
had that discussion because they're in
the military and so they're scattered
out all over as you and I spoke about
and I've put my feet down man I am on
Roosevelt they they said well how long
are you going to live there like till I
die like I'm not leaving so I'm in for
the long
any
questions all right
if um I'm not sure who asked that I'm so
sorry oh um so it is really anywhere um
it is published by a a national
publisher and Amazon I think is probably
the easiest place to get
it all right I don't have a a question
but there's a few things that maybe
Kelly left out so I don't want to your
home but I have to let people know how
extraordinary you really are um for
those of you who may not know Kelly is
also a national or International karate
champion um her history in the marshal
arts is unparalleled uh truly truly
extraordinary for years she has also
taught um karate lessons to a lot of
Bexley children she's also taught a lot
of self-defense classes for women I have
been on the receiving end of a beating
and being slammed up against the wall by
Kelly Mir and I survived and God L her
she made me so much tougher for it um a
couple months ago I had a chance to read
your book and I'm an Avid Reader and I
will say that her book is the best book
that I have read in years run run run
and go get this book we're so happy to
have have hosted you a couple months ago
for author's night but we are so proud
of
um and I just had to let people know she
was also by the way the stunt double for
the pink Power Ranger in the Power
Ranger
mov yeah yall did not know
that from the record recording is out
there we had to Kelly we love you Lana's
just pointed out you don't actually have
to run to get it she just ordered it and
they'll bring it right to her
house you're racking up sales right now
guys hey before you before you uh
they're going to kick me out of this
spot in a couple months too so I'd like
to get a picture with you if you don't
mind moment honestly this is the Full
Circle moment if my dad were still alive
he would absolutely be losing his mind
with pride right now and
joy is what is also sweet is we have a
bottle of
our for a second whatever looks good it
goes well with it pairs with whiskey so
whatever works you you hold the syrup
and I'll hold the book here
more make me look
tall got get
on all right thank you thank you you oh
my gosh this meant so
much thank you
guys
get to work get to work oh and
have um I don't believe we have any uh
ordinances with special guests I know
that we have speaker slips but they are
for specific ordinances I believe none
for the public comments is that
correct and if it's that's the case then
we'll move to the president's report
just a reminder thank you to Monique for
tonight's budget meeting uh a reminder
that we are hidden budget season and
that's uh starts to fill up a lot of our
time over the next few weeks so so get
ready it is one of our uh one of the
duties that we do here uh each year I to
reminder tomorrow night uh library is
hosting the intel on Intel and you need
to register for it if you haven't
registered for it it's full so
uh GNA be a great presentation and I
will move it over to the city attorney's
report I have no report to this
evening uh well then we'll go over to
the audit's report sorry um I do have a
report I'm hoping that we can present
something um but you know as discussed
in some prior yeah if you could pull it
up um what I wanted to do was take
bite-sized pieces of our 160 Page Plus
audit and just make sure that the city
council um and the community understands
you know what what's happening with our
financials and and just different pieces
of the
audit um and you know full disclosure
what I wanted to do was talk about the
independent auditor report and what
Auditors do is they go through um the
financials that they've received and
they offer guidance on areas of
opportunity um that sit within that and
when we went through this year's audit
I'm sorry 2022 audit they identified
three different items that were called
out specific specifically um two of
which um had to do with numbers that we
provided them around budgeted
expenditures okay so it was simply um we
provided them what our budget was and it
didn't reconcile to um the the the the
final budgets that that we had and then
the third item here was something that
our accountants did that we used that
create our compiled financial statements
that go to the Auditors so long story ra
short we've had
three items that they identified as
areas of
opportunity um and um as a result of
those items they've determined that
there was a a material weakness in the
financial statements that that they
received and they were auditing so what
that means to us is that the good news
is these these items were identified and
are audited financial statements that
are made public are accurate okay in
addition these items are not items that
we're reviewing on a monthly basis these
are items that are tied to our balance
sheet that are is really kind of
communicated on an annual basis in the
audit so you know again what I want to
make sure that folks understand is that
this the these items that were
identified in the audit and our public
record now um are um again items that
are not tied to the monthly financials
that review so we can continue to feel
confident in those numbers um but what
is most important is that we identify
areas of Improvement so what we've
talked about within the finance area is
increased peer reviews um increased
Partnerships with our accounting firm on
how we can work through these types of
items and then just document um these
processes so that on an annual basis
when we're doing our audit and putting
together these financial statements that
um ultimately we're we're handing over
information to our accountants and
Auditors in in a clean format so you
know the goal is that for our 2023 audit
that we have a clean report and we don't
have these types of items but because
this is a public record and because it
um identifies a material weakness I
wanted to make sure that we talked about
it in city council and if you guys have
questions um please ask away um you know
specifically around this and then again
I'll be over the next two to three
meetings I'll probably highlight a
couple other areas of the audit that uh
want to make sure Council and and the
the community understand um it's out
there any uh questions for Mr
mCP I don't have a question but thank
you so much for staying on top of this
and for trying to get us into the best
position to start from a clean sleep for
next year's um audit uh we're lucky to
have you Matt to to have your expertise
in that area well and I appreciate it
and again what I also want to make clear
is I I work for publicly traded
companies and things like this pop up um
so it's not uncommon it happens and I
think the key and what you know we
talked about within the finance area is
really just making sure that we correct
it and we fix it and we don't have the
same mistakes going forward so that
that's really what this is about we're
grateful to have Auditors that's why we
pay them money to help ensure that we're
preventing presenting our financial
statements accurate um and then they
also give us opportunities to ident
identify areas where we can improve so
thank you Mr
Kingler nope all right anybody else no I
would Echo that thank you so much for
this work uh Mr R PE we really
appreciate that I move on to the
administrative
update thank you Mr President up first
beat your
Hill oh sorry without here you go come
on up there's microphone I had lost my
place at the table there our August
financials have to come more often um I
guess to sum it up does um the
The Song Remains the Same um for your
Led Zeppelin fans I mean every month
we've been doing well everything is I
mean income tax is up investment income
tax is up or investment in income is up
um and so overall um revenue is up um
and it's better than projected by about
a million bucks um and then all four
categories again of of
our major spending categories continue
to be under budget and um and our um and
our ending
balance um is still
$750,000 better than forecast despite
our mid mid appropriation to send uh
$1.9 million to the Tiff fund so all in
all I would say we're looking good and
unless you're just naturalist
pessimistic uh one editorial note on the
third bullet point um so the the biggest
The Lion Share of our grant revenue
forecast is $500,000 from the state
capital fund which was
committed but that project has not
started yet so we are not going to
receive any of those funds prior at all
this year the other was the
$500,000 typically anytime we see
variances in in Grants it's it's it's
just timing because Ben or excuse me the
mayor has a good idea of what grants
we're going to be working on and getting
reimbursed for but sometimes the timing
just doesn't match up with yeah this
year is a little different because the
Community Foundation year the prodcts
500,000 um both of those are larger than
we often have in those so I just want to
explain they had um they're at like 480
of the 500 they've already committed the
500 but that's really good news is that
they're at the they're at the finish
line for their fundraising efforts so
that that obviously those projects are
underway and they'd already committed
the funds and the funds have come in so
that will probably actually what we'll
see next year is this positive Varian
yeah this all this money coming into the
grants account is reimbursements coming
all
right thank you very
much good
evening you also
sir
you know um I think there are two things
to add I think um most recently you know
um one of the objectives that Council
and your expectation has been with
Public Safety is to have a community
that is filled with our Public Safety
officers I'm uh very pleased to report
effective October 15th we will have
three of our 33 officers living in
Bexley and so excited to share that news
so we continue to push and promote that
um in addition to that um the second
bullet point just to highlight um a
number of us met with the mayor and some
local um business owners here in Bexley
just about um trying to work together
and making a positive impact and using
all the resources um and just changing
the narrative at Ferndale and Mayfield
and uh continuing to happy report that
progress U we met yesterday and
immediately have already seen a
significant impact from the service
department as well as code enforcement
and Public Safety and just the increased
visibility so we're excited to share
that news
also they uh that brings to mind I know
we have Financial incentives for that
are those officers taking advantage of
that is there any indication that that
is yes sir good that was a you know one
that was it's been discussed but I think
really promoting it encouraging it and
and finding just this new generation of
law enforcement officer we've had some
laterals that have come in and see the
advantage um and one of our other
officers who's been with us for about
eight years um officer Johnson he and
his family are moving here so excited
about that as well that's really great
to hear you know here we do the part A
hoping the part B happens and it's so
nice to hear that that that does happen
is there one over
here
service absolutely so um the the first
part of that is there are a couple of
different um approaches so we're doing
kind of a beta test to see um how that
will go um looking at from the Emergency
Management perspective and the school
resource officer um just met with some
key stakeholders with um Bexley high
school and St Charles today and looking
at how do we improve communication
during um crisis critical incidence all
the way down to our response on Friday
Night Football games so there are a
number of things that we're doing and
using that so we partner with them
they're providing this as a service with
us and so we're excited about
that you know um you just planted the
seed so yes ma'am I will
now um you know I think there a lot of
things oftentimes that that we do and
and don't necessarily report back but
this is a great call out so yes ma'am I
will do that yes
ma'ami Chief do you want to talk about
your upcoming coffee with a cop yes
ma'am so um there is a national
initiative with coffee with a cop and um
I was surprised that we had never
participated in this and so um when I um
learned that um sent our community
liaison officer down met with the new
manager at Starbucks she was a static um
has partnered we had actually made a
financial commitment to um purchase the
coffee um she declined absolutely um is
partnering with with us in this
initiative we started sharing in social
media in preparation um for this big day
we'll be there for two hours we'll have
officers out there engaging our
community um so we're really excited
about that so much I love it you remind
us of the day and time of that yes it's
October the 4th we're doing it from 8A
until uh 10: a
great thank you Mr CER
yes I was watching have you ever been to
Starbucks it's
onen never
there um the engine's not running the
engine's not
running I was watching a press
conference press conference last week
with governor dwine and uh mayor gther
and the next person person up to speak
was Colonel Jones um and it was on the
gun crime Intelligence Center yes that
they're partnering up in uh in utilizing
nbin to help track down um gun crimes
have you heard about that do you know is
there an opportunity us to partner with
the city of Columbus and um yeah very
intimate as you you know it's no secret
I'm still very close with senior
leadership there with the highway patrol
and and so they have partnered with us
on a number of things very intimately
aware of what they're doing that is a um
really initiative to start in Cincinnati
Cincinnati Police Department and ATF had
um joined and created a fusion Center um
in Cincinnati they then approached the
patrol um with ATF and doing that
combined here in Columbus and so that
it's absolutely a resource that we will
use and utilize with weapons that that
we have either recovered can do a quick
check um to see their turn around if
it's been involved in a crime Etc so
absolutely
questions for the
chief um the only other call out um Mr
Marcelino ask me to capture um this week
um just where are we as far as Personnel
are concerned and so um there is a note
in there but because he asked me to um
capture that I wanted to just make sure
that council is aware we are funded for
33 officers and currently we're at 32 we
have one in the training academy and we
have two that are in the background phas
so um unlike National models and within
law enforcement agencies we're doing
really well as it relates to Staffing so
we're excited about where these next two
um in this background process are
going right thank you Chief and chief
we're going to be discussing one of the
ordinances that you and I talked about
uh so if you're able to stick around for
a little bit longer that's going to be
the first ordinance that we're
discussing yes sir thank you just
reminder uh service department update Mr
Bayshore
I do not have anything to add to my
report but happy to answer any questions
any questions for
Andy all right and I think our our
street
Paving for our annual Street ping ping
project is going to be kicking in in
here probably in October correct yeah
it'll be kicking off
probably next week week and a half um
we're just kind of behind the bids got
out late um been focused a lot on D but
that will be kicking off here very
soon are we planting uh on Drexel this
year or next year this year this will
that will that um close the street again
no for we'll be able to do it when you
know and keep traffic moving okay um we
might have to shut down one lane at a
time but it'll be
open all right thank you
Andy Mr
Price thank you mayor um obvious it's a
busy
holid commity EV for us main this
Saturday
Friday
Saturday your
best I know I know Chief's got a good
one
so um we Jeffrey Clark is also hosting
into the woods Fest the
firstest the following Saturday on oob 7
um and then we have our annual partner
test on October
13th so it's a very very busy time I
would also for to invite all of council
to attend the second annual adult
Halloween bash at Jeff mansion on the
28th we'll have middle schoolers there
on the 27th adults there on the 28th
love um we are also um next Tuesday uh
October 3rd at 6 o'clock here we
Jeffrey par presentation and
enhanc workshop so we're encouraging
residents to come out and talk to us
about how they use Jeffrey Park what
they like about it what's they love to
see happen soed toar that would
last as always with PD to help keep the
kids safe on trick- or Treat night on
the 31st Mee as many volunteers as we
can get we appreciate the
partal know anyone else volunteer
opportunity reach out to us and we get
sign a
street any
question questions for
Mike no all right thank you Mike
um couple things to call out on my
report uh the one Bexley Gathering is
this Sunday if you have not yet rsvpd to
attend still can do it really quickly
though right so we have how are we with
hosts are we we're good okay pretty
good so if you if you wanted to
volunteer for anything volunteer a
host I you said Saturday but I believe
it's Sunday Sunday at 6m sorry frazzled
there's a lot going on this weekend to
ITT uh Friday is the uh is the
homecoming game for Bexley High that's
the Academy Bexley game where there's
the Mayors and head Masters Cup so
hopefully we're giving that back to
Bexley and uh and then we have our main
event as was mentioned on Saturday top
gun Maverick the actual homecoming
dances on Saturday so I might need to
borrow some of you guys to take photos
of my kids for me while I'm running the
sound at the main main event and
uh and um and then on Sunday we have the
heart safe Beckley launch three o'clock
here elected official training you get
to use a real live defibrillator did I
say that right um AED machine on the
City attorney so uh please do come I I'm
I'm gonna correct you again that also is
on Sunday Sunday did it say Saturday
again yeah yeah wow Saturday at 3 p.m.
both of these are on Sunday satday at 3M
and then the Gathering at 6 on Sunday
Sunday Sunday Sunday Sunday Sunday so it
will be a monster truck worth of fun uh
all day long um then I also wanted to
let Council know that we
had received word on several grants uh
so good news I mentioned already that
the BCF fundit is coming to Target um we
received $30,000 in grant funding for
the Drexel Avenue median treat plantings
in Hardscape we received $23,000 in
grant funding for that Schneider Park
Birch Walk and Landscaping that we just
referenced um from the beautification
fund uh so thanks to them uh that just
helps our Tiff fund and is very generous
and kind of them so um and then I have a
note in here about just upcoming Trinity
Redevelopment hearings and then we have
a a series of Resident meetings with
residents on the street of Roosevelt
between Maine and fair and on cassingham
between Maine and fair specifically to
talk about proposed dedicated by glain
on those streets um as they're pretty
primary routes for students going to
school parking on those streets can
potentially facilitate it and there is
physical space for them so uh we're
looking at that meeting with the
residents to talk about it and then uh
just wanted to share this photo of the
one Beckley Gathering promo video
uh
I have copies of the original one any
needs it's great H don't watch the pr
spot though it's little cheesy actually
if you want to watch something cheesy
it's great it was it was a group effort
thrown together at the end of a one beex
planning meeting it's all good um any
questions for
me all right thank you thank you H Mr
official would you move us on to number
11 all right consent agenda we have the
minute meeting meeting minutes from
September 12 2023
thank you any comments or questions on
the consent agenda from Council or the
audience if not I move to adopt the
consent agenda second seconded by Mr
Kingler uh Mr mCP Mr Markham yes Mr
Kingler Miss s yes Mr Marcelino Miss
fibble Miss lampy yes and Miss Robinson
yes consent agenda passes thank
you okay we are on to a third reading of
ordinance
31-23 to establish the Bexley Senior
Services fund to receive donations to be
used for senior services for bexley's
Resident senior citizens Miss
Lamy thank you uh as previously
indicated uh there may be some time when
folks make uh generous donations for our
senior center or our senior services
fund uh and this ordinance uh would
allow those donations to be put into a
special fund to be earmarked for our
Senior
Services comments or questions on
ordinance
31-23 and we invite comments or
questions from the audience as well if
not do we have
approach name and address please
constant Lewis 663 eclair um thank you
Monique I think this is wonderful and I
would just want to know is there a
process put in place on how to access
these funds if a resident is in need or
is curious to use some of them um can I
I think the short answer would be Mike
Price would probably know better about
how uh how how that would be fun I don't
know if this has been set up
before is your microphone on Mike it is
on all right I'm
sorry or
otherwise so would um let's a a resident
that that needs some assistance maybe
with yard work or something going on in
the house is does that qualify for this
this budget
item I guess it could probably not
typically
um um we can help try to facilitate
volunteers to help with that sort of
thing NE that wouldn't necessarily be
something that we would have funds to
pay say a vendor to do the work for uh
it wouldn't necessarily be how we would
use that but um this is a new fund so
I'm sure we'll find different ways to
use it okay um but that isn't necessary
the vision I think for how that that
fund would be
used and the vision for this fund
is um likely to go back to uh
specifically equipment and supplies for
the senior center offsetting um
programming expenses so keeping program
costs down for senior participation
whether it's a lunch in or or or trips
um having said that again it's a it
would be a new fund for us and if we
find if if that ends up being the way
that the senior group thinks is the the
best way to use it then we can have
those discussions okay so now it's a
little clearer to me because it looks
like it's for seniors and seniors but
not necessarily the senior center so it
is for the senior
center yes it's for Senior Services
through the through the senior center
but at the senior center yeah okay that
that's clear for me thank you but you
know I think it could have a wide
ranging use depending on what we end up
finding out could it be used to purchase
Woodard Funeral Home for the senior
center seniors center uh permanent
location just curious I I guess we could
have that conversation if that was an an
option that we were looking at okay
thank you thanks Connie all right thank
you action here miss lamkey I move to
adopt ordinance 31-23 motion to adopt
Miss lamkey second seconded by Mr
Kingler Mr mCP Miss Miss Lany yes Miss
sod yes Miss FAL Mr Markham yes Miss
Robinson yes Mr
Marcelino and Mr Kingler
yes ordinance passes yeah I'm gonna make
a uh Small Change in the agenda and move
ordinance
35-23 up at this point if there are no
objections because we are asking the
chief to uh stay a little late here and
and speak with us so could you start
with that one please Mr official
absolutely and again Mr mCP if you do a
reminder whenever we get we do have
speaker slips for this one okay great y
um so this is a second reading of
ordinance 35-23 to amend section 6181
1685 of the Bexley codified ordinances
to amend the definition of vicious
animal and to reorder and amend existing
section 61816 A8 that was introduced by
Mr
Marcelino Mr Marcelino is running a
little bit late here today so do we have
uh you want to kind of pick this up a
little bit for us I will yeah talk us
through this one so
um this actually was a ordinance
requested by Mr Marcelino so I will try
my best to represent um what he was
looking for in this um but if if you're
familiar with our current vicious animal
code the section that has a striketh
through here section
c um defines uh essentially pit bulls
and it it outlines the breeds commonly
associated with pit bulls as
automatically a vicious animal
unless uh that that dog has had um met
the requirements of this section
so uh as not and then I'm gonna tell you
how it's changed so this section has
behavioral certification requirements
spay n requirements registration proof
of liability insurance coverage doesn't
allow for invisible fencing as adequate
fencing um and some other Provisions so
the proposal is to strike the reference
to the Pitbull
breeds and instead call for a vicious
breed policy that's um approved for by
the chief of police and public safety
director um that would then have the
same controls on it um the difference
would be that the Animal control officer
would be a a part of the
recommendation U setup potentially uh to
Define if there are other vicious breeds
that should be or if even the the
Pitbull breeds should be defined as
vicious breed policy um I think the
concern that he expressed was not
wanting to have a specific breed
outlined but rather that it set up a
framework for a policy and I caveat that
was saying I'm doing my best to
represent what I believe his perspective
to be on that fair enough I think uh and
the last time that this came out I think
the question was thrown out out by me
actually even was to get some input
maybe from the chief as to like how this
might be how how would you any any input
on this since you and your Animal
control officer would be creating this
list can you give us any feedback that
you you you feel like you would like to
on this I guess yes sir so I think in
the spirit of The Proposal it would
actually do the exact opposite and not
be specific to breed um in breeding the
Ohio Revised Code defining dangerous dog
as well as vicious dog it's very generic
rather than be breed specific and I
think it allows the ability for myself
director Public Safety Animal Control to
look at the circumstances specific to
that incident as opposed to providing a
cart blanch um statement specific to a
breed okay and then so you don't see any
problem with applying this as we have it
written here in terms of what you no sir
other questions maybe from city council
yes please I like chief that you would
uh consider the individual circumstances
behind each incident rather than across
the board if you're this kind of dog
then then you go on my list uh how often
would you anticipate uh revisiting or
Reviving revising your uh vicious breed
policy so I think a lot of it would fall
in line with this from the large scale
um individually as we know there are
City policy and then there our police
policy so we would adjust our um
internal policy to align with what the
city policy would be and that would by
striking and and adopting the same
language and then I think Mr fishal if
you don't mind Mr R has something to
clarify here I'm sorry because the two
what I heard from Chief Lewis and Miss
lamkey is that this ordinance the way
it's drafted will allow you to look at
specific circumstances and I am
extrapolating from that then conclude
that a particular circumstance involves
a viscious dog but this PO this
ordinance basically says that the chief
the Animal control officer and
ultimately the director of Public Safety
will make an inadvance determination
that a particular breed is vicious but
based on its general characteristics and
temperament not after the sorry I'm
picking on a schneer because that came
to mind I'm not saying they're vicious
not because a schneer in Bexley acted in
a vicious manner that doesn't so again
when we're talking about specific
instances it's facts relating to a
particular breed but not a specific
incident which is otherwise maybe
governed by is governed by our other
parts of our ordinances so I just want
to make that clear so there's no
misunderstanding um so it's not dog
specific is breed specific so you could
for I'm not going to give another
example because somebody will run with
it and now to to piggy back off of that
and to clarify so if you'll recall in
our ordinance we have two two labels
that get applied to a dog one is vicious
and that is the most restrictive and
basically says if a dog or any animal it
also basically says like a tiger you
know is is vicious then it cannot be
owned in the city um a dangerous dog has
been labeled dangerous because of beh
behavior that has occurred that has not
been as severe as
5A which is without profic kills or
causes serious physical harm to a person
or kills any domestic animal so a
dangerous dog might have bitten somebody
and gets labeled as a dangerous dog and
there are some Provisions for Dangerous
Dog and we actually have an an ordinance
coming up next to talk about that this
is vicious which is to say it is it is
either currently in our code it has
either done something that is makes it
cause caused to be labeled vicious 5A or
is a species which is vicious so that
would be that's the tiger clause or C is
currently is a pitbull and this C would
expand it to say um a a breed list that
gets propagated and I want to be fully
transparent that breed list if you hand
it back to Administration could be
nothing it could be I'm not saying that
I'm just saying that that's what it's
saying a breed policy gets made and it
could say there is not a breed that we
would currently feel belongs on that
policy um the chief and I have discussed
it we we Revisited the statistics that
we had talked about back when we passed
the Pitbull language it continues to be
true that pit bulls are substantially
more likely to cause or the i g need to
word this carefully the deaths that have
occurred by animal attack among by dog
animal attack the pites I think it's
like something like 65% nationally are
are due to that kind of species and it
doesn't seem like there are other breeds
that are at that anywhere near that
honestly so if we are gonna have a breed
specific policy and we're we could we
could draft something if that would be
helpful to have as an exhibit to see
what that might look like but if this
were to be passed that would have the
ability to be flexible to be clear and
Sam I tried my best to represent your
perspective so I hope we did it rically
and before we go on I do want to note
for the minutes and for the record that
Mr Marcelino has joined our our council
meeting at this point Mrs Mrs Robinson
so I'm not sure if you would have the
this number off the top of your head but
I remember when I was when I used to
serve with the Board of Health we would
get those reports periodically that
would say you know x amount of dog bites
and it was usually one or none do you
have an idea aside from bites how often
do uh does our um you know our animal
Enforcement office or interact with the
public based on you know a what we're
deeming a vicious attack by an animal so
in my tenure it has not been large by
any scale um but we have had some okay
we've had some situations and you know
oftentimes um animals you see aggressive
towards other animals or aggressive
towards people and so I think even
capturing that data um I can find out
and then you know provide a historical
look let's say over the past five years
what that data shows that would be
really help I could bring that great
thank you yes ma'am back here to Mr
fishell and I just want to piggy back on
something the mayor said it's well it
it's what he said is absolutely true
that that if this ordinance passes it
it's possible within the discretion of
the three people we've been mentioning
Animal Control Chief and safety director
that there are no animal no breeds put
on this it's also possible that
additional breeds are put on this which
people in Bexley own and therefore would
have to
comply be complying with this ordinance
um prospectively in nature but they
would have to be complying with that
ordinance and again that would be a
determination for those individuals to
make other comments questions on
this if not I believe we have do we have
speaker slip for this we do we have two
speakers this is
3523 yeah um we'll start with uh Jody
Weston and I know you're also on
30
yes I don't know that I can switch them
out to both no this one we need specific
comment on on specifically this
ordinance at this time this one sorry
please approach and just please give us
your name and address before you begin
West 399 South Columbia um sorry tell me
what the second one is the second one is
the second one is is listing the breeds
this one is listing the breeds and the
other one's determining the
breeds the other one would be a
temporary ruling that a dog is dangerous
and the Animal control officer would
have the ability to require like a
muzzle okay pending a court
action that's that's my syop I think I I
think okay I'm going to try to switch it
out okay okay I apologize all right good
evening um my first question I guess
related to the types of dogs that will
be on this new adjustable list while I
applaud the effort to remove the PIP
only targeted language I still have
significant concerns over how the city
will make the determination on whether a
breed is aggressive or not will the city
use data-driven analysis to determine
the most aggressive breeds or will a
decision be made based on gut feel and
media driven bias I ask that the council
investigate the numerous studies over
the past 15 years that repeatedly refute
the common perception of pit breed
aggressiveness and instead focus on
behav behaviors which you've already
said you would that lead to a dog being
aggressive in specific instances for
example in a 2021 hseni study it showed
that highly fearful dogs have over five
times higher the odds of aggressive
behavior than non-fearful dogs
regardless of breed or size the study of
behavior was done in over 9 9,200
purebred dogs and researchers found that
small dogs indeed have a significantly
higher odds of aggression compared to
the medium and large counterparts the
most aggressive dos that they found in
this study were poodles Collies and
schneer that was in the accident I know
I'm sorry when you said it um the two
least aggressive word labs and
goldens
um sorry we're still doing breeds right
sorry okay yep you're doing well um I
think this is the readed one then too my
the second question how do you intend to
determine the breed of a dog for the
purpose of compliance with this
ordinance will it be one person looking
at a dog and making a determination of
the breed studies continually prove that
humans are unable to effectively
determine breed through Visual visual
inspection alone will we require DNA
test results for all dogs in Bexley if
so what percentage of DNA would a dog
need to qualify for a vicious breed in
this ordinance 51% 1% if 1% odds are
going to be good that any non-purebred
dog beside your gold Doodles here and
Bexley would end up falling under this
vicious animal
ordinance and I come back to my other
ones I guess for the next one thank
you Mr MP do we have another speaker
left it it Dana Adler I'm
sorry okay I just wanted to confirm
which one we have an electronic one so
thanks yep all
right if that's uh Ed I think we're
ready to move on to the next
one 30 3023 is where we will move to all
right so we are now on a second thank
you thank you Chief we are on a second
reading of ordinance 30-23 to amend
section 61816 of the Bey cified
ordinances to authorize the Animal
control officer to designate an animal
as dangerous or vicious pending the
review and adjudication by the Bexley
Mayor's Court of any criminal charges
filed pursuant to the codified
ordinances and to declare an emergency
introduced by Mr
Marcelino uh just briefly I think I
discussed it the last meeting but this
came about due to a tragic accident
where one dog attacked another
unfortunately I think many of the people
have been involved excuse me with the
legal system understand that it's not
the quickest system that there is uh and
so while determinations are made and
adjudications are uh pending uh it
doesn't allow for a lot of protection
against a potentially dangerous or
vicious animal and so this ordinance is
intended to basically step in and
provide a uh some coverage for uh us as
a community that is not too restrictive
and allows the the judicial system to
work its way through things but also
protecting our community against that
potentially dangerous and vicious animal
um and so it came unfortunately due to a
significant attack and uh I think it it
brought attention to not only this issue
but the one we just spoke of which is
secondary and they are separate so keep
that in mind but um that's why you're
hearing so much about dogs and vicious
animals at this time and I'll leave it
at that and answer any questions that
any council members may have at this
point or leave it to the mayor for
additional comment thank you Council
questions or comments I see you turning
on your microphone Mr Mayor yeah I just
want to clarify one thing um if you read
the next section um and we've we've
gotten some additional legal advice on
this so I want to call it out where it
talks about impounding a dog um we do
have that power today and so I just want
to be clear that we could impound a dog
that is viewed as dangerous pending
disposition of charges but we don't
really have facilities to impound we can
release with conditions but again I
think we would like to have another tool
in the tool belt that we don't have to
go through the physical active and
pounding the dog and releaseing with
conditions so I wanted to be clear that
that is the alternate way to handle this
that could happen and that's right in
front of you as
well further comments or questions Miss
f
that
dogs owner
was
I left my HB work complely
up
and I saw the
owner walk in the
dog the
dog
could that dog wasn't got a somebody
else's baby and I baby I don't
I adore mys but you
know
don't I love
this Miss lampy I want to commend uh
council member Marcelino for bringing
this forward um as a lawyer I appreciate
that I think this ordinance does a great
job of of prioritizing safety of humans
and other animals while also
respecting uh a dog owner's right to go
through due process and to uh Avail
themselves of all the legal remedies uh
but I do know that availing themselves
can can take time so I am uh similar to
uh council member fibble and the sense
that uh while the judicial system will
take some time and we respect that uh we
do need to continue prioritizing our our
residents our our babies our furry
babies and all those who visit through
Beckley
uh I also think that um the ability of
the animal control officer designated to
make a preliminary determination I
assume that can be fluid maybe they make
a determination and then other facts
come out and and that determination
changes but while that's pending and
going through uh our court system uh I
think that we should uh make sure safety
is um is at the
Forefront Asad
with a few ordin ordinances currently
um you know impacting the job of the
animal control officer I don't think it
would be a bad idea to have our Animal
control officer come speak to Council on
how they feel about these ordinances so
I would love to see if maybe that's
already in the work Sam yeah okay an
excellent point and I think so yeah I
think there there was a plan to get here
at least by a third reading if if it's
possible we just got to work with
schedules but certainly I think that's a
great call
um just to if I may just to touch on
Miss ly's uh council person lans's
comments I can't take much credit I have
to thank the community for bringing the
issue to the mayor and the mayor
bringing it to our attention and then
developing on what we heard from there
and I think it's a really important
thing that the community pay attention
to exactly this for when there is an
issue that needs to be addressed or
maybe we should at least consider
doesn't mean we know where the votes
going to go on this one but had the
community not spoken up about some
challenges and some concerns it might
not have been here today so I think I
was just speaking to Connie and Don
Lewis about today just how important it
is for engagement from the community to
see the change that you want to see
thank you to the community members that
brought it to our attention um so we can
consider it so but thank you Miss ly I
would like to point out also though that
we still have the presence of the chief
of police here as well to give feedback
and answer questions on that as well and
I would encourage you to utilize him as
well since he's here and I had asked the
chief if if you know AO could come or if
he wanted to feel those questions I want
to be respectful of a staff member who's
you know not normally working in the
evenings and so I I will if it's okay
with you continue toer that to the chief
unless you guys would definitely like
aiming to
come your your call there'll be a
conduit
it
okay other did I have something over
here other comments or questions if not
then we we'll get to our speak speaker
slips
please Dan
Adler
no it's okay please
please my little chewing
here I everyone I'm Dana Adler I live at
375 South Park viw Avenue I'd like to
start off by thanking Miss f for sharing
her story I can completely relate um in
order to not get as to not get emotional
about this um I'm gonna just read the
words that I have um and I will begin um
from my address you can probably tell
that I live just a couple blocks from
City Hall but there's another block
nearby that I've been too afraid to walk
on for the past two months that's the
Block of South Columbia between Brien
and Dale just out back from here that
stretch of neighborhood was part of my
usual route when I walked my two dogs we
no longer feel we no longer walk that
way because I don't feel safe passing by
the dog that viciously attacked us while
the justice system moves slowly Along on
Sunday July 23rd my two dogs and I were
suddenly attacked by a dog we had never
seen before the dog bolted across
Columbia Avenue and with no warning or
provocation pinned one of my dogs to the
ground and began thrashing him around
this horror which I cannot get out of my
mind lasted only three and a half
minutes but in that time one of my dogs
sustained four bite wounds and my other
dog was injured from the force of the
attack I too sustained injuries from
falling while trying to keep myself away
from the melee the attack was attack was
so sudden sustained and vicious that I
am fearful of ever encountering this dog
again and yet she has not been
designated as dangerous two months have
gone by and the dog who escaped her yard
is still in our midst the humans who
keep this dog have taken some but not
all of the precautions outlined in
bexley's dangerous and vicious animals
ordinance the humans have been charged
with harboring a dangerous or vicious
animal which as I understand it from the
Bexley magistrate is a misdem carrying
the potential of jail time or fines
while the case lingers on through three
Bexley mayor's court dates and a move to
Frankland County municipal court
tomorrow nothing can be done about the
dog herself and she is the real issue in
my mind fines in jail time for humans do
nothing to secure a to secure a
dangerous animal and they do nothing to
protect the people and pets of Bexley
that's where ordinance 3023 comes in if
the ordinance is passed it will allow
the Animal control officer to designate
a dog like this as dangerous while its
humans await a decision from the legal
system this may not help my case but it
should help in future cases and
therefore I support it our community
will feel safer knowing that anyone with
a dangerous animal will be required to
follow the detailed rules for keeping an
animal secure or that an officer could
remove the animal if those conditions
are not being met while there is no way
to be safe all the time people and pets
should have the peace of mind that a
dangerous animal in their neighborhood
is being well secured that is the
minimum we should expect from a system
that is designed to keep us safe I
encourage you to vote in favor of the
ordinance thank you thank
you next speaker slip please Jody Weston
please please please sorry w99 thank you
yeah that was not what I thought the
ordinance was on when I read it the
other day so part of that um I'm I'm
going to read part of this that I feel
that the some of the ordinance are vague
and they're giving non-specific power to
be enforced and how the city feels and
not give any leverage to the owner and
as said failure to comply with these
ordinance carries a first-degree
misdemeanor charge which comes with up
to six months a prison sentence so I'm
asking for more um for it to be clear
now I'm I'm going to say since I don't
have written here what I was going to
say about this but I do agree I do agree
that the court is not the answer the
first place to go to me is not Mayor's
Court I feel there should be something
set up in between so you can set up and
say Hey you as the owner these are the
things that are now expected of you of
which I'm the one that this is probably
being written about I'm complying with
all of them um if I'm not please let me
know and I will make sure that I am conf
please I'm asking you address us not the
the residents so maybe maybe what should
happen maybe I'm wrong here is maybe
there needs to be something before
mayor's court maybe there needs to be
something that the owner and the animal
control person sit down and say this is
what you should do when I talk to the
Animal Control person she goes well
those are great ideas that might help
you well that didn't help me right I'm
facing jail time so maybe there needs to
be something and this is something you
all can talk about tode something before
that so we can put things in place to
say this is following so then when we
have to go to court then you can say
I've been doing all these things and
then you can decide what's going on um
but that's kind of what I have I guess
my other thing is since this is
considered an emergency how many more
things have been going on in Bexley that
and can you show that to the Bexley
residents is it more than just one are
there numerous ones is it also just
those that happen in Bexley there are
numerous dogs my dog has been attacked
numerous times at Wolf park by a German
Shepherd and another dog uh my friend's
dog was attacked last year and killed by
a doberman it happened in Columbus so I
get that's not Bexley jurisdiction but
those dogs live in Bexley so is there
anything that can be done about that I'm
assuming not just wanted to bring that
to's attention thank you thank
you is that the end of our speaker slip
so do we have
more no more speaker slips thank you all
right move us
on we are on for a second reading now of
33 ordinance
32-23 to add section
61825 animals in unattended Motor
Vehicles in order to protect the Health
and Welfare of animals and unattended
vehicles introduced by Mr Marcelino this
is our limit on animal ordinances
tonight you got mosquitoes next if they
count dog that's it I will leave it as
as we've reviewed now we we did discuss
it last week briefly but if there are
any further questions that came from
your review of it since the last time we
met I would be happy to try to answer
them um or uh make a plan to get back
with you but certainly any questions I'm
open to any questions or comments for uh
Mr mercel know on this one from
Council yes Miss lamke I'd be interested
in council's thoughts on whether
emergency language should also be added
to to this
one I had thought of that but with the
likely dided passage thought global
warming aside probably unlikely that it
would be an urgent issue
okay other comments or questions from
Council all right do your thing all
right we are now onto a second reading
of ordinance 36 oh I'm sorry 33 323 yes
to amend chapter 1456 .01 registration
required and to add chapter 1494
mosquito control treatment introduced by
Miss fible we do have a speaker slip for
this one as well thank
you this we are asking for registration
from two
new groups of individuals landscapers
and um companies
that out um mosquito treatment um and it
also is requiring those that do the Vito
treatment to not only have
to let the resident who is purchasing
that treatment no I think it said 48
days in 48 hours in advance um but also
um the neighbors as well it's 24
yeah and so and then the neighbors as
well as many of you know we have um we
have Keepers in our Comm community and
they can take action to
protect their colonies if if they know
that's going to happing so that is what
we
are with
this yes right here just a quick
clarification I believe the tree the
land the tree landscape stuff that's in
there in blue we discussed it when you
weren't here last week so that's already
been approved that that's that's in our
or so voting for this your vote for the
voting on this whenever it comes up for
the actual vote that's already done
that's a done deal so it's just the
mosquito
stuff thank you for that clarification
yes Miss sod so and we we had spoken
about this but I wanted to kind of
revisit um again not aware of how many
companies offer this service is is are
there two companies that we're looking
at five that we would have to let them
know that this is passing in Bexley so
that they're aware of business owners to
know how to conduct this
um so that they so that it actually you
know becomes law that we're we're making
it happen
yeah
it I did
call and they already do that Ty differ
they already
do what
people they are franchise and I believe
that New
York
ISS whatever
they
I think there are four vendors that have
mosquito control on their name but then
there are lots of other pesticide
applicators so okay yeah we would need
to if if this were to pass um and I know
that there's some additional legal
review of this to ensure that it's
written in such a way that would be
compliant with Ohio law but if it were
to pass um we would we would just pull
registered licensed uh pest applicators
and make sure that anyone who was in the
region had notice of it I'm just curious
because I haven't had an experience with
it but when I've used a lawn service
they come out we don't always know when
they are coming and they've they've left
a tag so I'm just wondering how that
experience works in the situation with
someone would come
out which is different
than
yes
I you email my neighbors and you just
there that would them on
and as
well Mr Marcelino uh as you all may know
I'd like to than out loud sometimes and
I'm just I'm after reading this one
hearing about it and thinking about it
um I don't see it as a large burden to
ask the companies to uh to I guess
adhere to this ordinance itself seems
like a minimal burden to ask them to put
a flyer on somebody's house uh the day
before or if they know that they're
going to be out there 30 days from then
they can put them out 30 days ahead of
time say I will be here at this point
this is more about being a good neighbor
to the person to the left and the right
of you and frankly you know me
personally the way that I see this is
that um unless there is some law that
preempts my ability to do so I don't
care about the companies if they don't
want to comply with it then don't do
business here and if you do want to do
uh do business here then comply with
what we as council state so just as I
see this I don't know who we're
protecting um with this if it weren't to
pass it seems like we're protecting more
so the companies than we are our own
neighbors and again I think there is an
interest in being a good neighbor when
we are in such close proximity to uh
each other thank you It's s I totally
agree with you Sam I just want to make
sure if we vote for this to go into law
that we have a good process and
procedure in place and unlike all of us
who are privileged to have all this
information if a resident isn't aware
and they don't have the neighbors's
email addresses so I think a good policy
that you just mentioned is they would
just know that regardless of if labor
neighbor to the left or right um cares
about this both will be notified when
that treatment service is happening at
that residence so maybe in this
ordinance we write that
language is
FAL I be a good
buser to if I'm not concerned about
people's neighbors that's you know he
would obviously want to inform them
because maybe the neighbors would want
to use them
um and the other thought was that that
he said was
that you could get a list that you would
give to the neighbors of all the dates
that they're planning on coming out to
do your yard and so it really would to
me that would you know sometimes rain
changes that but I don't think that it
would
be so my question is really about more
how this will play out what happens if a
yard is treated and notification hasn't
been given and who's responsible for
policing
that um I'm I you know I would think
that would be this would be
on a fine would happen potentially to
the to the company but but I don't know
I don't know the answer to that have you
given that is that in there I think it
is can you bring up the ordinance the
question was what how would it be
enforced and what the penalties
are section 14 uh is
currently
um does not have that agency language we
need to add agency language section 14
right it's section six that has agency
language the penalty language would have
to be added and I think the other
question was well there's penalty
language but it would it would accre to
like the manager right now of a of a
company as opposed to as opposed to a
fine on a you know civil penalty against
a company so that would be so who
administers that process this is through
this is this section of code is the is
the building department okay so and the
reason it's it's written here through
building department and express the way
it's been expressed I know that we've
had some question about the registration
requirement especially um is that the
you know we have registration for a
variety of contractors and one of the
things that provides us with the ability
to do is communicate clearly to them
right so we're we don't want to be in a
gotcha situation we want to say okay you
are registered you're aware of the rules
and then you can follow them so that's
what it's it's through that section um
we can talk a little bit more I think we
have a draft ordinance regarding
the uh adding that that language to
section
14 you you we we've been going back and
forth on it but I don't know how far we
are but that doesn't mean we can't be
all the way by yeah two weeks from
today so it will be added yeah it needs
to be because it's it's a similar uh
challenge that we have with all manner
of issues think of litter on commercial
property uh all these things that just
like it's so hard to really get any
progress on because you have to find um
dumpster uh uh oh no dumpster 600 we're
with dumpsters uh but but certain things
where we we we can't hold an
organization accountable we'd have to
find a person to criminally site and
that's really hard when you're when
you're okay thank
you yes Miss
ly I have to be honest I'm I'm
struggling with this one I don't
particularly um I'm struggling with
whether I see a need for this one um to
go back to council remember marcelino's
point about being good neighbors um I
think that part of being a good neighbor
is being considerate of your neighbors
so if I have tree service or I'm having
mosquito sprayed for my yard I think
it's a comment upon me not my contractor
to give my neighbors the heads up and to
be considerate of them
um so I'm not sure that I'm going to be
a able to get behind this I know it's
only the second reading I'll keep an
open mind to see what amendments come
out but um those are just my thoughts um
at this
reading I think we have speaker
slip we do uh Tony seagar
please please state your name and your
address Tony seagar I live in
Westerville I have an office downtown
Columbus at 30 East Town Street um you
might have in front of you my written
testimony uh and I apologize it I
printed it out uh after yes that's
correct after uh I realized that
the the ordinance had change so my
apologies for that so uh president
Markham members of the Bey city council
my name is Tony seagar and I represent
Ohio plant Ohio plant stands for
pesticide landscape agriculture nursery
and turf professionals ha plant was
founded in
1984 and has since grown to include
members from all sectors of the nutrient
and pesticide application Industries as
well as nurseries and uh golf courses we
serve single we are the single voice of
pesticide and fertilizer Industries in
Ohio our members vary from trade
associations such as the Ohio green
industry Association formerly the
nursery and Landscape Association hop
Pest Management Association H Lawn Care
Association turf grass Foundation Ohio
Agri Business Association Ohio Farm
Bureau Federation Golf Course owners and
management associations as well as
companies such as True Green tigera
Scots and companies of PRI Pest Services
I'm testifying evening on behalf of ha
plant in opposition to this ordinance uh
dealing with the mosquito control
contractor registration and the notice
provision briefly uh per the Federal
Insecticide Fungicide and redenti side
act commonly known as fifra
no one is allowed to apply restriced use
pesticides unless that person has been
certified or licensed to be a commercial
applicator and so commercial applicator
is what this uh deals with mosquito
control so when you hear me say
commercial applicator it's mosquito
control operator a state is authorized
by fifra to certified applicators of
restricted restricted use pesticides
only in accordance with the state
certification plan that's been approved
by the United State's Environmental
Protection Agency and Fifer also
requires the uh state if we want to have
a certified plan to authorize or name an
agency in this case uh the state of Ohio
that agency is the Ohio Department of
Agriculture the general assembly is
established a Statewide comprehensive
licensing scheme for the training and
lure of pesticide applicators under the
sole authority of the high Department of
direct High Department of Agriculture
director in chapter 921 the higher
revised code and the rules are prated
under those statutes I'm going to cite
numerous several statutes so I apologize
for that but the laws in chapter 921 are
general laws with uniform application
throughout the state the Amendments of
the ordinance are in Conflict those
statutes in the in chapter
921 specifically RC
92126 C1 states that no person who is
licensed regulated or registered under
provisions of the revised code including
the commercial applicator license shall
be required to obtain a license or
permit to operate or to otherwise be
regulated in such capacity by any local
ordinance or to meet any other condition
except as otherwise provided by Statute
or rule of the United States or the
state so this would prohibit the
registration of mosquito applicators and
the language dealing with otherwise
regulated would go towards Pro
prohibiting the notice
requirement additionally Al uh division
C2 of the same section States no
political subdivision shall regulate or
ban or packaging registration labeling
Sal storage distribution use or
application of a pesticide registered
under Section
specifically regarding n no provision
9266 C of the revised code gives the
director of Agriculture the sole
authority to set rules for pesticide
applicators including notice
requirements quote from the statute the
director shall adopt rules that set
forth the conditions under which the
director one requires that notice or
posting be given of a reposed
application of a pesticide unquote I'm
going to quote from a eth district court
of appeals uh case it's persuasive since
Bexley is in a 10th District but this is
a case that was spot on on this section
and and and looked at this very issue
quote pesticides are comprehensively
regulated by the state of Ohio in RC
chapter
921 RC 92116 C1 specifically delegates
authority to the director of Department
of Agriculture to adopt rules
establishing notice requirements for
proposed applications of pesticides by
state licensed applicators the court and
Fairview Park the Barefoot grass lawn
service goes on to say the high dep the
higho general
assembly expressly delegated the
authority to the Department of
Agriculture to determine the adequacy of
pesticide preemption pre I'm sorry
preapplication
notice the proper way to change the
pesticide application notice
requirements is through the Ohio General
Assembly or the Ohio Department of
Agriculture not by enacting a
conflicting local ordinance
the issue of Municipal regulations of
licensed pesticide applicators like the
current ordinance and the regulatory
scheme in chapter 9:21 were the subject
of a general attorney's opin attorney
general's opinion in
1985 then Oda director Dale Locker
requested an attorney general opinion
from Attorney General Anthony Cel Jr to
determine if 9.21.2 31 which is a
precursor to the prior statute which I
referenced in
921.6kbps municipality from imposing
registration notice or other
requirements on Commercial pesticide
applicators operating within a
municipality attorney general celebes
concluded that pursuant to that
provision of Statute um a municipality
is without authority to enact ordinances
opposing registration notice or other
requirements on persons who have been
licensed as pesticide applicators under
applicable statutes in the refice code
it's for these reasons the amendments to
the ordinance that were mandate to
license pesticide applicators applying
mosquito pesticides to First be
registered at the city of Bexley and to
provide notice the manner of which the
contents of which are also prescribed in
the ordiance are in conflict with state
laws and therefore would be invalid I
appreciate your time and and generous
consideration my comments thank you I
want to make a note that we have uh
asked Mark fishell to go ahead and take
a review of this as well and give us an
assessment of that and I would also
invite you to uh submit to this to us
via email so it can be entered into the
public record and distributed as well
and you can make an edit to it obviously
make those changes so thank you very
much I do apologize the I did not
realize it had been split out with the
the Treon and I referenced that
provision it's okay we work you know we
work fast here we're organic pretty easy
going do we have a question here do you
have a question uh thank you Mr seers um
uh is there any case law on point from
the 10th District or the AAL Supreme
Court on this issue
ma'am no uh I'm sorry president pleas
I'm used to testifying for the house uh
uh no ma'am uh there's really little
case law in this area uh I do have some
other case law that I can can site but
it I sure I will be more than happy to
send it to you do that uh but it is uh
that particular case which referenced
that notice provision um and the uh
required
registration thank you very much much I
appreciate your time thank
you I think you can move us on all right
we are in second reading of ordinance
36-23 to authorize supplemental
Appropriations for calendar year 2023
misss
Lamy thank you um as indicated at the
last reading there were a few uh minor
errors made in uh prior Appropriations
so this ordinance uh makes those
Corrections in the amounts indicated
here uh mayor or auditor any any updates
to
this okay
sorry 3423 is missing from the agenda I
just noticed this is what happens when
you're when you let Natalie take when
you let the mayor make your agenda so I
just wanted to call so I I had that on
my screen so
3 362 supplemental Appropriations
overtime like special overtime 3,000
rers
12,000 all right I think we talked about
this last time any other questions
comments and I felt like we
were maybe thinking about consent agenda
would folks feel comfortable with
consent agenda on this one okay all
right sounds good great so done next all
right we have a second reading of
ordinance 30
no no resolution 6-23 adopting the 2023
recommendations of the Bexley tax incent
of review Council regarding tax abated
properties in the city of Bexley Miss
lamkey thank you uh I'm going to hand
this one over to the mayor there's also
an exhibit a that's also attached uh
mayor you want to hit the highlights
again on this one I would gladly hit the
highlights on resolution 623 so this is
simply approving thex and Center review
council's recommendations to um continue
the abatements um and approve the Tiff
report uh for the relevant districts in
Bexley um their their scope is simply to
review the agreements and ensure that
the Agreements are being complied with
and they found that they were um and
then the exhibit to this shows sort of
back that up with the data to support it
so no issues with any of those
incentive packages
currently comments or questions for this
one how do folks feel about this this
one may be a little too much for the
consent
agenda are you proposing consent agenda
but on this one I probably wouldn't
let's keep it as okay then we won't
worry about
it uh we're going to uh I'm sorry
so I would suggest you somebody make a
motion to amend the agenda to add
ordinance 3423 on a second reading and
Etc so moved I second by Miss fball in
favor say I I all oppose same sign and
then go and give us a reading then all
right we have a second reading of
ordinance number
34-23 an ordinance to establish the
position of administrative and public
records manager and to establish the pay
range at20 $272 6 cents per hour to 4161
per hour and to declare an
emergency um thank you I invite all of
council to uh look at the proposed job
description that's attached to this one
we previously spoke about the need for
an administrative and public records
manager to create some uniformity um and
consistency with how public records
requests are responded to uh on behalf
of the city uh any questions on this
one I did also ask the chief to stti
stick back for this one if you had any
questions for him because it does
involve a police department uh employee
as written in the job description you
having you having fun tonight Chief hey
hey you we can make this go even longer
yeah good to have you
here we have the comments or questions
especially since we do have the chief
here for this and so be
supervised by
H how do do folks feel about this one
for the consent
agenda okay all right no one's posted
okay we told
n423 now uh do we have action on any
tabled
ordinances right
here I take
motion to um take ordinance
27-23 off the table second second by Mr
Kingler
surprise uh Mr MC
peek uh microphone please miss sod yes
Mr Kingler yes Miss Lamy yes Mr Markham
yes
fibble Mr Marcelino yes and Miss
Robinson
yes thank
you think that iol is but I think so
there's so much more to it you know I
was I was looking some things up and and
I looked at this Seventh Generation
principle
that is an
ancient philosophy about decision and
one should make decisions based on how
it will affect Seven
Generations inde that's
years and I'm
thinking how I wish that the
big four generations ago would have re
thought they did in the southwest
quad and how much easier our lives would
be right without having that
challenge but I think that's
what
um maybe they didn't know
the
but we know that iing bad for our envir
we know that it's bad for our health and
in my mind more importantly that of our
kids we know that it's a waste of
Fel and a waste of
money and we know it's not
good I called the citizen that emailed
us and went on and on and on about it
and and the thing that she was upset
about was
being
Progressive and we talk about that in
our city you know we we like to be
Progressive at we don't like to be the
followers we like to be those that set
the path I often say we're the cool kids
and people follow those of you who were
here we passed the source of income
legislation you were the first in and I
think over 12 other cities that
follow um and I said to her you know
this one I did mention that there were
29 cities that have much more
agressive there are
municipalities all over that have this
toward
legislation little cities
and Big
C but I
said
iive I thought it because we like
everything we
do have to
do I understand that many of
youping and woming this I get it it's a
big shap and it's also something that we
as a city as a council are not afraid to
tiptoe because we think tiptoeing into
things is better and it's tiptoeing into
this is what my Council wants to do so
that we do something it's much betterine
than us doing
nothing
I so I I I urge you to think about this
I have no intention of voting tonight
but I want to think I want you to think
about this and I asked to help me about
this and may came up
with
after I think that we have could
go that I have
proposed we have one that has other kind
of
but I don't
want we have a third that he has just
produced um that has some changes and
I'll or four we could
just to me doing an
educational is not that that that's just
ready through our our sweet little
water
okay I want you to get into this
you
um this
one would suggest
that you can
idle in the
starbu you can
idle on the street you can
idle in your
driveway you don't have to be clearing
the
ice you can you can idle while you run
in and get your baby and keep that car
warm so that she's warm when you get her
back you
could but don't idle at our
Parks don't idle at a parking lot that
is owned by the
city
um it's a start it would be a
start don't
idle car line where the
institution the school institution has
said we value the lungs of our
children and we don't we are not going
to allow you to do unnecessary
unnecessary I've heard a lot of you
concerned about the police
stat in this
new recitation of this it would suggest
that there would never be any kind of
titing of any
kind without first a police officer
giving
warning and asking stuff if it didn't
stop
beuss so I I didn't want the mayor to
really throw this out to you on the
agenda without me talking you through
it and I really want you to think
about tipto
into I'm more than happy to have a
discussion about
it um right now or we can look at this
together for the next two weeks
and the
next I just I really want you to think
about our
part this nothing
else this down it's nothing else we got
a lot of publicity about it there are
I'm hoping that a lot of you are getting
into your cars starting looking at
youring you're doing that if nothing
else nothing else this small body has
been war that this is unhealthy for
unhealthy for
our was
money
that's all I
got Miss Lamy I had a question uh
regarding enforcement um some of the
other ordinances and whatnot that we've
had have kind of what the enforcement
process is or what the penalties are on
this one what happens if there is that
verbal ask one the first time by uh the
police and and the idling is not
discontinued what what then or what next
and I'm sure I've just overlooked it but
where would that
be give me one second I'll pull it up in
our ordinances but okay I can come back
to that yeah I apologize if I just
didn't see that no it's I think it's in
it's in the it's in the traffic code and
so it's written into that section and I
have to uh okay thank you for Ping that
up
if you guys want to keep talking it's
going to take a second there's a lot of
there's a lot in chapter 452 and I guess
the the second question I had was
um you know there's a reference to um a
signage in City own parks and within
City own parking lots um is the signage
the only way that someone would know
that they're going on city property like
what if the sign's over there and I'm
over here and I didn't know that I'm on
city property and I do
this yeah yeah I think the idea
of Poli is hey if you didn't
notice it's
just of
all you know we we play at these trees
think the
that takes in all this
Stu out of but it you know I think I
mentioned that if six of us
our it
reques two of our trees I'm not a math
expert but I'm not sure's
trees but
especially especially if seems like
that's back of
the
and I do believe that that we we also
talk about
insti building by building whether or
not it's for example CSG could
say and I don't who at CSG decides
somebody to decide whether it's the head
of the school or it's the board
with
they I that
refers thank you and my last question is
for the mayor uh mayor does our Police
Department have capacity to enforce this
if it's passed and if so where would
this be in the priority of them
responding or enforcing
this um I spoke with the chief about
this this week during our weekly meeting
um we just talked about it at a pretty
high level like how often do we see this
where do we see this um how would we
want to enforce such a thing and I think
first off this is a very narrow sort of
a narrow scope
um I observe it quite frequently in our
Parks I'm not sure and I'm not talking
about like parents waiting for kids I'm
talking about casual just people that
come up and I see it all the time when
I'm watering my community garden plot I
don't know what they're doing they're
just hanging out in their car in the
morning I'm not sure why they're there
but um I don't my point is I think it's
a commonplace occurrence it may they
might be um but I don't it certainly
wouldn't be like a top priority of us of
our police department and we would
always we always triage like human
health and safety and in terms of crime
is a top you know is a top objective um
but at the same time I think I would
expect officers if they are on patrol
and they they observe an example of this
occurring they as this is written they
ask the person to comply with the law um
it's unlike many other behaviors where
you know you can't uh you know you can't
stop somebody for texting driving and
say can you please stop texting driving
and then just observe them for a while
to make sure stopping texting or driving
because then they carry on it's it's a
kind we were talking about this very
unique situation where it's really
obvious right away if somebody has
complied with that with that request um
so I would expect that it would engender
some conversations from time to time but
I wouldn't think it would greatly detour
them from their normal course of Duties
okay thank you Mr Marcelino yeah just to
touch on I think you know just to be
frank Lori and some of the sorry Miss F
some of the issues that I have are just
the setup of our community and what
makes it so challenging is while I do
commend the uh the goal here and and
what we're trying to accomplish I just
I'm trying to work through it is how we
we enforce this the way that our
community set up so for example if you
pass this in a larger Community let's
say like Dublin and you're talking about
the school district well they have their
own land where their people are pulling
into to pick up their children whereas
the way that we're set up it's on our
city streets um which then again with
the modifications that some Council
people including myself are kind of
requesting it doesn't really it makes it
almost unenforceable because whether
it's like well I'm just here in front of
the house or in front you know
secondarily I mean when we're thinking
about things like our uh our uh the the
market that takes place on Dawson
Farmers Market we don't really have a
place unless we move that to enforce
this upon when you have things like
generators and those other food trucks
and so what I you know it's I I the
question becomes is how many things are
we willing to put in
Jeopardy for this to pass and and that's
where I'm just struggling with it just
to be candidate as I work through it and
I know we're not voting tonight I'm just
getting these things out there because
this is what I these are the things that
I'm concerned about is that I value our
farmers market and I don't want to see
our Farmers Market go away because we
pass an ordinance without considering
the impact that would have upon that
farmers market I think that the
additional interaction with the police
uh I don't know if I necessarily want
our police interacting significantly
with people inside or outside of our
community over this situation that I
don't even know can accurately be
tracked it seems like it's it's pretty
subjective as to when it's viewed how
it's viewed Etc sure there can be repeat
offenders in certain circumstances but
other than that it seems like another
interaction that maybe we don't need to
put anybody at risk for so I'm just I'm
working through as I always do out loud
with some of my concerns as we work
through this towards the next couple of
weeks because that's what I'm thinking
of is that while I know we are we are
always looking to be more cognizant of
the impact that we have upon our
environment the way that Bexley is set
up doesn't always allow us to do so
while we can still enjoy our private
rights and and Comforts and that's where
I'm just running into a wall here
but grateful for grateful for all of you
coming together thinking this through it
I mean it is just it it is clearly
something that other communities have
been able to big
and and I believe that that they could
somehow be you know included under that
whole idea of delivery
[Music]
TRS
do I want us to really consider a
special I'm Sor at schs that is
ridiculous what we do and I did it I did
it for years and years and years
and and like threw the stuff at the dub
I didn't know but I know and I in a
position where I could at
least you all to
think so thatle
is can I provide some clarification to
just so that we don't go too far off the
way this is written is only applies to
City Park and City parking lots so it
doesn't apply to the farmers market it
doesn't apply to schools unless the
school has opted to post signage and it
would only apply where that signage is
posted so no school zone would have it
unless the school dis the school
controlling that school grounds and Zone
would post that signage as as that's how
it's drafted
just Bel that there will be some serious
kids
love that's because there are lot of
children who are very interested in some
of
campaign you know some of this stuff
so yeah what what we're looking at here
right now I mean I'm just trying to
figure out what's changed I don't know
yeah this is a very different and that's
what that's what as what laurian
described in her narrative is what's on
the screen and the intent was to float
it out there and give you guys an
opportunity I don't mean to put words in
your mouth lauran but to to take a look
at it and react not necessarily in this
meeting but in the future but I wanted
to make it clear when that was called
out that this has been narrowed down to
only city property and the school's
ability to opt into it under certain
conditions so that is th those are
features also we I was trying to be
responsive to some of the concerns that
I heard from some of you about the wha
ifs so that a service vehicle or
delivery vehicle is carved out obviously
emergency any vehicle that's being
acclimatized to remove snow or Frost
there's a slew of things that wouldn't
wouldn't apply so and sorry one more
thing I'm so sorry there's a section an
additional section that appropriates
money for signs and marks in a
Communications campaign so that there's
more of a public information campaign
around it um in this draft it's called
on your agenda it's called
concept amended revision three so it's
concept
A well
yeah I appreciate uh the diligence that
laurianne and Ben uh and others took to
get to this point I think you guys I you
listened to our
concerns I still I'm struggling
with the timing I think I said it the
first reading like if we did a big
campaign push and we Revisited in six
months or a year because I where I'm at
now I think I'm okay I'm I'm okay with
it with the cares I can appreciate the
school idling and I can appreciate I can
even appreciate Starbucks posting
signage and saying if that's where their
company wants to stand and they say we
don't want idling in our parking lot I
could appreciate that
um my concern is having the police do
the
communication um and especially in the
first year or you know kind of to Sam's
comment about please interaction and I
love our police but I I don't want our
residents you know a police officer
rolling them up to the park and that's
the first time they hear about it um
because like I said before before I was
on Council I I didn't read our code I
didn't I didn't know what was what was
legal and illegal like I I had no idea
and there's I didn't know what Dirk was
illegal to have um or legal till we
changed it wait so my my point is um you
know I I really really really want to
see just reach out to our residents and
say you know we you know as a city we
care about this as a city we're we're
going to start enforcing this um so
please please be aware um but I don't
want to pass a law that imposes
penalties such as this um
that you know without residents knowing
about it that's
all go ahead go
ahead what if you know I think you've
done this in the past I mean what if we
made the effective date so that the
money would can we somehow get the
mdy and say the effective date for the
rest of it is
jary I mean it's legal I mean you
legally can delay the effective date of
sections whatever and have the money go
into effect within 30 you know the
normal 30 days to
the whatever
creative that way people are
important you know before they even
enter I mean I can see
you
up Ide
so I guess uh the one thing that I had
brought up before that I think it's it's
still for me not addressed here is I
appreciate the role I really appreciate
the rle back that it is only city
property so when you say a motor vehicle
that's parked on residential property
versus City property but I'm just
concerned that this this really
is separates out on an income level to a
certain extent people in Bexley because
city property in front of your house is
the only place that some people have to
park they don't all have residential
property to park their car
on
one
makes
it
and
lots by City not our
street lot
no my apologies because I said City on
property and it is it is not intended is
Parks and and city- owned parking lots
is what's in the ordinance it's okay
that's would apply like I thought
through like delmare Drive is a city
owned parking lot but
no one knows about that so the signage
has to also be there so it's a it's a
combination of City owned and their
signage on site okay well I yeah I
definitely appreciate that then I would
I would want to take a good look at this
and make sure that that that looks okay
then um I think hold on no but you're
both you've both spoken already right go
ahead Sam I actually I think my uh
concerns have been discussed and
answered thank you right here I was just
going to ask lauan and the mayor um uh
can you share with this if there's been
any feedback or any input from the
schools you know do they recognize that
idling year the schools is a significant
problem and they want this and they're
receptive to possible enforcement by
their schools for their students could
you Enlighten us on
that okay
him as far as looking into it or you
know
that know
that did did I think said oh it's issue
to I don't think that I have that in
depth of a conversation
mayor have you heard anything from the
schools that you can show with us we
just talked through this concept over
the weekend and I didn't want to jump
the gun on anything you know because of
the fact that this has been through many
iterations okay I will observe that the
only place that I have seen anti-idling
signage in the city is on cassingham and
maybe it's at some other schools too I'm
not sure if it's in Maryland or montress
but it's on it's on cassingham in front
of the major complex it says no
idling keep the kids there they've
degreed or something like that okay so
it's possible that was a campaign
through other campuses um that's
incidental and again this as currently
drafted revision three uh would require
the school district to affirmatively
choose to want that to be enforced they
would have to cause the signage to be
placed on their campus or work with us
to have it on the street and the same
the same rights would acre to Capital St
Charles and CSG the way WR okay thank
you very
helpful oh I I please I should be last
I'm un so I completely appreciate the
conversation and I I love where we're at
and where we're going but I think as
council members for just seeing the
revisions it makes it hard for me right
now to even ask the questions I want to
ask because I haven't gotten a chance to
do what I do print it off and have to uh
have to go through it to be able to
really
dive in and and understand what I'm
asking for or what I'm accepting um so I
like the discussion tonight but again
it's really hard not having reviewed the
draft that we're discussing right now um
so I would just ask that we we give this
more time so that we can we can do that
yeah honestly believe that once you all
and then and then just one other on an
educational note that we've been
discussing um our sustainability
coordinator has done an amazing job
going into our schools um she had the
opportunity last week to be in the
fourth grade classrooms at cassingham
and I commended her tonight before the
meeting saying my fourth grader came
home and he recited everything you said
so I would highly encourage since we
have that role in our community that
we're using that right now when that
talk track let's add that to the talk
track so when we're talking to our
fourth graders or our seventh graders
that we're adding that to the
conversation because I will tell you my
greatest influencers sometimes are my
children and um uh I think we start
there if we already are have that tool
let's use
it and I'm going to Echo that because I
mean again I'm looking at this B up here
as I read this B I I hear what you're
saying to me I read that it it to me it
seems very clearly that it would be
illegal to have a car idling on the
street in front of your
house that's our LW unless it's um
locked in
par that's un yeah so that's that's if
you have left your car running it has to
be locked
right now okay so B exists see you just
said unless so if you see B2 regardless
unless otherwise prohibited then you go
to see that's what says okay you're in a
park
um and stay in
your all right I probably I just have
general questions requires time to yeah
but to be clear this is a little low
this is less invasive because it leaves
G intact and just adds this additional
section and some other scenarios all
right fair enough I promise I'll be
quick um I really really appreciate the
reworking of this
um I and and clearly we're going to be
looking at this over the next couple
weeks the one thing that I get stuck on
um much like Sam and other people is are
we creating opportunities where our
police are interacting with people and
could that interaction somehow turn like
we just need to be really mindful of how
we enfor for this in a way that's that's
fair and doesn't put our residents or
people visiting the city or anybody um
in a position where they weren't aware
and suddenly things escalate and then it
becomes another issue so as long as
we're thinking about that and having
that front of mind um I I really
appreciate the work that you've done to
make this yes I see the Mayors well I I
I like this because we're riffing so in
the spirit of cooperation and
collaboration question for Mark could
this become a parking control officer
issue where it's a Akin to a parking
ticket it's not a citation like U well
sure I don't know how those I don't know
the legal difference between them I
don't think there's enough legal
difference the answer is yes but and the
but is that it's still going to be
incumbent on a police officer if they
see a a a violation to either use their
independent judgment and ignore it like
sometimes you know with oh I don't have
two headlights on so maybe I get pulled
over maybe I don't um here it would
still be a violation but we wouldn't
prohibit a police officer from enforcing
it and in fact to the contrary I think a
police officer would still be obligated
to enforce that violation even if we say
no this is really a parking control
officer and then of course if it's a
parking control officer I mean how much
does how much does that happen around
here you know that's a practical
question not a legal one I'm sorry I
went further yeah I think the challenge
is like the question of
of actual an actual law versus a
communication campaign right which is we
keep on circling around that so
communication campaign only goes so far
and then when there's no teeth you know
you see people IDL in front of the signs
of casting ham all day long like that
just happens all the time uh so to have
teeth you have to have some sort of but
what if and it's it's hard to know what
that would be go looking back again at
you Mar that would avoid any sort of
police interaction because there's the
enforcement mechanism you know I don't
know how to avoid that yeah I mean it's
certain I can certainly revisit I don't
want to automatically just say no I
don't think that's going to work but I I
will take a look at that I mean again
you know well I'll take a look at it the
the other thing that though if I can so
you somebody I think Mo'Nique asked
about the penalties as far as I can tell
the penalties sections refer to the
penalties for parking that are in our
court rules our ma our magistrate our
mayor's court rules so I don't know what
those are but we can certainly find out
so it's and um oh the only thing I was
going to say is that yeah those signs
have been in front of cassingham for 15
20 20 years and you know for whatever
that's worth at least 20 years and I
think the probably enforce it as to
buses which is
great
just a last point when we're giving
experiences I'm on you know at drop off
and pickup every day on casting Ham's
main campus and I think something that
we also need to consider is the amount
of grandparents who either drop off or
pick up um these children so you know
looking at temperatures for idling which
a lot of states do have that in their
ordinances but also just I mean just to
share an experience I think of Spencer's
grandma she had knee surgery you know
she's already anxious being being in the
carpool line let alone if the where the
kids coming out the door you know
they're thinking right now how do I even
get out of the spot without hitting
another child or or another car um so I
I would say when we're thinking about um
you know this whole thing and we're
thinking about who's picking up these
kids we got to think about those
grandparents too um and I would just
encourage everyone to get out and walk
by these campuses and take in um what's
going on you know at pick up and drop
off
um who's in that car idling and um you
know health and safety can go a few
different ways um with some of these
situations so just kind of consider all
of that um and how C how can we make
this work with still protecting those um
that are vulnerable in that spot because
I wouldn't want an officer to go
knocking on that window of Spencer's
grandma and I definitely wouldn't want
um any of our students to also be in
that situation of enforcing and be put
in that um not a great situation so just
some other experiences just to
[Music]
consider
I I gotta disagree with that last part
about our police officers I think that
things have improved drastically and I
love our chief and I love our current
Department I love the direction we're
heading but historically I don't think
that's always been the case for uh
people that are non-residents people
that are new um it's it's I think that
is a wonderful view that maybe will be a
reality by the time that this ordinance
is in full effect and we have done a
significant amount of work against
idling but I I cannot agree with the
fact that that is always how police
officers address the situation because
they have to protect themselves as well
so they can't just go knocking on a
window to say uh hey how you doing here
they have to investigate the situation
and that means getting getting home
safely for themselves so I don't think
that they will always do that maybe if
they know you that is one thing I assume
that officer Chapman would come with a
smile and nudge and say turn off your
car idiot but I can't say that that
would be the same for every member of
our community so I do have to challenge
that and I'll go back to the fact only
because I have an office in uket Ohio
that uclid Ohio again the setup is just
a drastically different place and so I
do think that we are a far more uh Earth
conscious community in uclid Ohio and so
I do understand that sentiment but again
I'm just thinking about the setup is
significantly different here in in
Bexley but again like everybody has said
your work towards this alone is why I am
giving it so much consideration and why
I don't want the conversation to stop
until we fully vet it is because you're
passionate about it you've made
concessions but in a in a thoughtful way
and I appreciate that more than you know
because if you weren't such a thoughtful
person I don't think we' be at this
point right now but I really understand
how passionate is so I want to give that
same consideration in time and I thank
you for
that uh I need to allow comment from the
audience first since this is a third
reading
yes on Le 663 you cair thank you for
this ordinance I appreciate it I have a
couple issues um one I think the the uh
cost for a ticket $120 is just
punitive um I don't know what to take I
don't know if they if the police
officers take time to ticket people are
texting they're not supposed to but I
know there's an ordinance against
texting and even if we're supposed to be
talking on the phone or not but do they
find people for texting do they send
tickets do they give them a ticket and
is it do they okay the second question
is it good use of our Police Department
to stop take the
time to write a ticket for whatever X
dollars it might be rather than
handling a more important incident
whatever that might be so so I have an
issue with that
um first of all thank you for the
changes by the way I think those are
great the other thing I'm thinking about
is and all of us have sat here in these
meetings and it's seven below outside
and we go outside and we're freezing and
our cars are frozen and everybody's
chipping away getting a car they turn
their car on and what do they do they
sit there and they sit there because our
car has to idle so it can melt the ice
off our windshields so we can go forward
so I think it's kind
of I think there needs to be some
accommodations made for that type of
thing and much like say in the same
manner if a grandparent or parent is
picking up a child whether it's here or
by school or whatever the case it's 90
degrees if I'm picking my son up or
daughter up and it's 90 degrees and I'm
spitzing you can bet my car is going to
be running because it's not safe for the
individual in the car so you just you
just talked about an ordinance about
caring for animals being in cars
particularly if it's a hot hot day well
you have to think about the individuals
who are driving the cars too and as I
said if it's 100 degrees or 89 degrees
you have to take into consideration the
health of the person in the car thank
you thank you sir any other comments
you have a do you have a
motion motion to place ordinance
27-23 on the table by Miss fible second
second by Miss lamp key uh Mr M
Peak Miss F Mr Kingler yes Miss Lamy
Miss Robinson yes Mr Markham yes
arcelino yes and missad yes ordinance is
Ted all right we're going to move on to
assuming there's no other action on
table ordinances we move on to the
committee reports and we will start
tonight with Ms Jen
Robinson thank you president Markham um
as we have mentioned many times uh in
this meeting our one beex the Gathering
is on Sunday it is Sunday at six o'clock
on Drexel um if you have any question
questions I'm putting it out there right
now please email me J Robinson be.org um
we do have space for more um people and
we probably have space for two or three
more hosts if anybody feels like they
want to make anything to come to this
lovely event it really is come as you
are this is not fancy this is this is
meant for us to be in community together
so um come and join the fund under the
one Bexley umbrella I do want to mention
a couple other events that are upcoming
um both at the library and I think there
may be um a program at City Hall but I
haven't gotten the final information on
that so I will let the mayor chime in on
um October the 8th which happens to be
my birthday uh Laura meckler who is an
author will be coming to speak to us
about her book uh dreamtown Shaker
Heights and the Quest for racial
equality um she will be speaking at the
library from 3: to 4 I believe the eth
is a
Monday you'd think I no it's a Sunday
October 1 is a Sunday because it is
you'd think I would know that everything
happens on Sunday everything good
happens on Sunday um and she will be
talking of specifically about can a
community of well-intentioned people
fulfill the promise of racial
integration in America it should be
really really interesting that event
will be um hosted in mced by Resident
Kumi Walker who has read the book and is
telling us all that we need to get there
because it's really really a great
should be a great program lastly um the
Columbus foundation's big table will be
happening again here in Bexley this year
on October the 11th which I believe is a
Wednesday um and it will be focused on
oh look it's right there well that's
different than what is there's a lot of
information out there their event is the
11th the library Natalie's not here and
I blame that on that the schools are
doing their event on the 13th which is
where I think the 13th came in uh it
will be a further conversation about uh
the one Beckley project and right that
we're gonna also have it here so yes
October the 11th from 6:30 to 8: we'll
be at the library we will also be doing
a uh late morning early afternoon
session here at City Hall for those who
cannot attend an evening event but want
to come to the uh the afternoon um
that's it I know there's like nine more
things that one Bexley is doing before
the end of the year but I'll leave it at
that for October thanks so much and
please I'll see you all on
Sunday what's Sunday oh yeah okay Sunday
the 1 do I have to spell it out for you
all right listen if you're confused
about anything just call Jen Robinson
she'll she'll tell you Mr Kingler zoning
and development uh thanks President we
have a BAP meeting coming up this
Thursday September 28th there's an ARB
meeting coming up up October 12th our
land use strategy commission uh met with
Bexley City Schools a couple weeks ago
we met uh today with morsy and link us
we just encourage um council members to
read up on the link us project um
currently their plan is to go to ballot
November of
2024 um it would it would it could
potentially affect our city um different
ways um so educate yourselves on it um
that's all I
have thank you thank
you uh Miss FAL
service I do know
that is walking some of the streets in
our community um looking for places
where more be
planted
inrease
that's
weend that would and
ibody
welcome
Elizabeth
emailed mayor
and
to share video I don't don't know L
video tell the truth I I do know that
she is very anxious to
have
support
Cheng she said long story short if I
don't have people join my e challenge
team I'll be super embarrassed that I'm
on a panel presentation with a few
hundred people watching and I'm supposed
to be an expert on Gathering Community
participation it's 28 seconds long if
you
guys we say 28
minutes the sustainability programs
coordinator due to the r stri i Am
filming writing and this video all on my
own so the city's writers are on strike
is that true
[Laughter]
Ben Recreation and Parks what do you got
going on
Sunday a a lot but I'll be there I want
to be at Jen Robinson's table um mayor
kler I sent you a couple pictures if you
don't mind throwing those up there yeah
I also have a table and now I'm offended
so I don't oh I'll be at your table too
Yes sounds wonderful all right so wanted
to just kind of give everybody the um
the heads up this year is the 40 Years
of um the Bexley Education Foundation so
um they took to the streets today across
all of our schools and had a sweet
celebration I saw a lot of your children
and they were excited to get a cupcake
and a little sugar high at lunch um so a
lot of the kids weren't sure you know
what this is all about so I wanted to
let city leaders know 40 years the
Education Foundation has been around um
how many cupcakes are you eating
there there I can't begin to tell you I
was put to work um kids love cupcakes
and they were grabbing them as quick as
I could say hi to your children um so
that happened today it was great very
well um received and so you may hear
about it at home tonight um this
Thursday mark your calendars if you're
able to make this happen um at Jeffrey
Mansion there's going to be a legacy
giving info night from 4: to 6 and it's
the first time that the Community
Foundation and Education Foundation will
be working together on some ideas for um
uniting in their um goals for our
community as a whole so um if you can
make it please join me Halloween bash
have you signed up for the Halloween
bash the park and reck as Mike mentioned
second annual um Halloween bash a lot of
us were there last year it was a ton of
fun mark your calendars for Saturday
October 28th and make sure you get your
tickets it's going to sell out I can
feel it
um what's really neat that they're doing
for the first time this year which was
highly en encouraged from the other
events and from all of the amazing props
that were put up last year for one night
is they are going to have um Friday
night before the adult night they're
going to have a Halloween teen night for
our sixth to eth grade students and um
you know get online and uh register your
kids for that it'll be Friday October
27th and then lastly um October 3D mark
your calendars for this or make sure you
communicate to the residents that you
see out and about that we will have our
Jeffrey Mansion master plan public
Workshop um here at City Hall and that
is uh we're creating the blueprint for
future generations to come so um I think
it'll be well attended and if you can
make it work I'd love to see you there
end of
report thank you uh Miss lamkey finance
committee other than saying I really
appreciate everyone getting here at 5:00
and exchanging uh some ideas about
financial issues I appreciate it I've
got nothing else thank you very much Mr
Marcelino safety and yes it looked like
everyone had a great time thank
you a couple of things no I in case it's
been it was touched upon beforehand just
a reminder for Lee Nathan's for call
Push shock October 1st 3 pm right before
one Bexley this Sunday I honestly what
Lee's done with this is amazing I really
encourage everybody to come because
again you could save a life uh Board of
Health is October 17th at 5:30 p.m. uh
we had five visitors uh to city office
hours as I texted uh the the group about
today uh the visitors themselves came in
and talked uh it was a contingency of
ukir hooligans as I call them but they
they they did a great job of explaining
some concerns we topics range from the
project next door to uh some affordable
housing issues but also more importantly
some issu with the speeds on UK Clair
and as well as some increased crime on
UK Clair so just as a report I'm going
to go talk to the police chief about
this see what they're hearing making
sure that these reports are being made
also there's a discussion in regards to
an updated uh speed limit sign on uair
that they're requesting and I think it's
been approved the question is just one
one is coming so again we will look into
those for the residents and I appreciate
those that attended and thank you to the
city council members who have signed up
for their hours get ready for the uair
Hooligans and other
local community groups thank you all
right thanks how about
comments all right uh Mr yeah I just
want you have something to say you have
public comment yeah well it's a public
comment for Council so actually
president Markham raised an ISS asked me
a question I should have mentioned this
during my uh attorney uh City attorney
report but I forgot so at some point you
know we guess what there's this big
project next door Trinity development I
hear but at some point obviously they're
going for variances and whatnot at some
point it C could come before city
council you guys know that but at the
same time you know when we allow
residents to speak on any Topic at
meetings they're going to be a people
can still speak on that topic I mean
they have the right to do that I just
want to remind you that that is still
appro an appropriate topic for members
of the public to talk about but you need
to be careful how you engage that and
certainly if and when it comes to time
to make decisions when an appeals before
you would have to be based on anything
in the record at that time but just as a
heads up because Troy mentioned that
that's a good point so and and your
recommendation if that happens is
obviously residents have the right to
speak about things but you would
recommend that we not engage in a
discussion with them or reply correct
unless it's something very basic and
then the administration should really
apply if at all possible got it
uh I'm G to make a motion to
adjourn second all in favor say I I all
oppose same
sign