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4/22/2024 Hilliard City Council Meeting Summary
2024.04.26 17:59 Buck_i_Am 4/22/2024 Hilliard City Council Meeting Summary
COMMITTE OF THE WHOLE MEETING
Review of Planning and Development Process
City Manager Crandall, Assistant City Manager Ralley, and various other city staff gave a presentation detailing the development process for new buildings and changes to existing building within the city. In general, new buildings are reviewed and approved by the Planning and Zoning Commission after seeing detailed building plans, traffic studies, and landscaping review. Then City Council will review and approve any requests for re-zoning, planned unit development, or conditional uses. Then there is a review of the design as it relates to the civil infrastructure (roads, utilities, wetlands impact, etc.).
President Vermillion asked about how companies are chosen for traffic studies. Letty Schamp from the Engineering Department said that studies need to be conducted by a registered professional engineer with a traffic engineering background.
Councilman Teater moved to adjourn the meeting, seconded by Councilwoman Cole. Motion passed by voice vote.
REGULAR MEETING
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was led by Councilman Betts and the pledge of allegiance was said by all members.
COMMISSION AND BOARD REPORTS
- Board of Zoning Appeals (Cole): Reviewing application for a vacancy
- Destination Hilliard (Betts): No update, meet on May 15th
- Environmental Sustainability (Vermillion): Styrofoam densifier should arrive in June, and the recycling event was a success
- Keep Hilliard Beautiful (Betts): No update, will be attending first meeting
- MORPC (City Manager Crandall): No report
- Planning and Zoning (Cole): Met recently and have scheduled a special meeting on May 2nd to review the "floating zone" district
- Public Arts (Vermillion): Meeting first Monday of every month at 5pm
- Recreation and Parks (Cottone/Hale): Senior Center hosted a "Senior Prom" that was "so stinkin' cute". Spoke about a woman that danced all night long and did a split at the end of the night.
- Shade Tree Commission (Teater): No report
- Aging in Place Committee (Cottone): The committee helped to set up and tear down the "Senior Prom". They will be at the Senior Health Fair on April 23rd.
RECOGNITION AND SPECIAL GUESTS
LinkUS/COTA Update: Kelsey Ellingsen with COTA spoke about the
LinkUS initiative, which is a comprehensive transportation plan for central Ohio to address growth, affordability, and opportunity gaps in the region. With the anticipated population growth over the next 20+ years, COTA is working to plan for the future of public transit in Columbus and the surrounding area which includes new Bus Rapid Transit (BRT) routes, more service hours for existing COTA bus routes, bike and pedestrian paths, and walkable communities. COTA is currently in the planning phases for BRT routes along
West Broad,
East Main, and
the "Northwest Corridor" which includes Olentangy River Road, Bethel, Sawmill, and State Route 161.
These plans represent a very large investment to the tune of hundreds of millions of dollars. While federal grants have been made widely available for these types of projects, COTA will also be asking for a sales tax increase of 0.5% this November to help pay for the new infrastructure. This would bring the total sales tax in our area to 8%, with COTA's portion being a total 1% sales tax.
Councilwoman Cottone asked a question about the note that 30% of the jobs in Franklin County are along the Northwest Corridor route. Ellingsen answered that those numbers included Ohio State, Riverside Hospital, Dublin Methodist Hospital, and various employers in Dublin and downtown Columbus. Cottone asked about question about housing and job growth in a comparable plan implemented in Cleveland. The development growth in Cleveland was more mixed-use and dense around transit stations.
Councilman Carrier pushed back on the sales tax increase, noting the Hilliard residents would be contributing a higher tax rate and not getting a transit route in our community. A COTA representative answered that they would be considering the return of a (standard) bus route from OSU to Hilliard, and that they were analyzing an increase in frequency on the existing Cemetery Road route as well as the "Rails-to-Trails" improvement along the Heritage Trail.
CONSENT AGENDA
The following consent agenda items were approved by voice vote.
Resolution 24-R-30: ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE TARLTON MEADOWS WEST SUBDIVISION - Summary: This legislation accepts the public streets, water lines, sanitary and storm sewer lines, street lights, and multi-use paths associated with Section 2, Phase 2A of the Tarlton Meadows West subdivision being built by Rockford Homes. The construction cost of these completed public improvements is approximately $603,760
- Background: City Council re-zoned this area to PUD in October 2016 and accepted the subdivision plat in August 2023.
- Votes: Cole moved to approve by voice vote, seconded by Teater.
- Status: Passed by voice vote.
PUBLIC COMMENTS
- Ranya Tabbah (5053 Silver Saddle Court): Read the full text of the drafted ceasefire resolution presented to Council on March 11th.
ORDIANCES
Ordinance 24-07: AMENDING CHAPTER 975 REGARDING SOLID WASTE COLLECTION AND EXHIBIT A TO CHAPTER 190 REGARDING FEES OF THE CITY'S CODIFIED ORDINANCES - Summary: This Ordinances approves changes to the City's Codified Ordinances to align with Ohio Revised Code by adding a definition for composting, allowing composting in the City, updating language regarding the ability to draft polices and procedures, aligning billing language with the City's agreements, and updating language to reflect current fees charged to homeowners.
- Background: In January 2024, City Council approved the City Manager to enter into agreements with Local Waste Services, Ltd. regarding solid waste collection in the City beginning July 1, 2024. Upon review of these agreements, staff also conducted a review of the City's Codified Ordinances and how it aligns with current policies, procedures, and agreements.
- Votes: Motion to adopt by Teater, seconded by Cottone.
- Status: This was a first reading. Voting and public comment will occur during the May 13 City Council Meeting.
Ordinance 24-08: AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE FRANKLIN COUNTY ENGINEER FOR THE ELLIOTT ROAD RESURFACING; AND AUTHORIZING THE APPROPRIATION AND EXPENDITURE OF FUNDS - Summary: This legislation authorizes the City Manager to enter into an agreement with the Franklin County Engineer for the Elliott Road resurfacing. To cover the City’s share of the project costs ($148,222.86), this legislation also authorizes the appropriation and expenditure of funds. The 2024 Capital Improvement Budget is amended by passage of this legislation, increasing the allocation from $4,250,000 to $4,400,000.
- Background: Hilliard City Council authorized contracts and expenditures for the 2024 Street Maintenance & Rehabilitation Program on February 12, 2024. In March 2024, the Franklin County Engineer’s Office (FCEO) notified the City of their intent to resurface a portion of Elliott Road as part of the County’s annual resurfacing program. Approximately 1,400 LF of the project is located within Hilliard city limits.
- Votes: Motion to adopt by Cottone, seconded by Teater.
- Status: This was a first reading. Voting and public comment will occur during the May 13 City Council Meeting.
Ordinance 24-09: AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WTH EQ BRITTON FLEX, LLC - Summary: Approval of this legislation will allow the City Manager to enter into a Development Agreement with EQ Britton Flex, LLC ("Britton Flex") for reimbursement of the cost relocate a storm sewer main located along the east side of Britton Parkway. This reimbursement will cost the City up to $700,000 from the 2025 Operating Budget if approved.
- Background: Britton Flex is in the process of acquiring approximately 19 acres located on the east side of Britton Parkway. Britton Flex intends to construct a development consisting 158,000 square feet flex industrial space which will result in the retention and expansion of Eco Plumbers, Electricians, and HVAC Technicians in the City. This property has a City storm sewer main that bisects the property. The developer is unable to build the building over the storm sewer main and constructing a smaller facility made the project economics impossible. The only way for the project to move forward is to relocate the storm sewer main around the building footprint. Reimbursement for relocating this infrastructure will allow the project to proceed, retaining a top ten employer in the community. On April 18, 2024, Hilliard Planning and Zoning Commission reviewed and approved the deveopment plan.
- Votes: Motion to adopt by Cottone, seconded by Teater.
- Status: This was a first reading. Voting and public comment will occur during the May 13 City Council Meeting.
RESOLUTIONS
Resolution 24-R-31: TO CALL FOR PEACE AND AN IMMEDIATE, SUSTAINED AND MUTUAL END TO HOSTILITIES IN GAZA; THE RELEASE OF HOSTAGES AND DETAINEES; AND THE URGENT EXPANSION OF HUMANITARIAN ASSISTANCE - Summary: The entire text of the resolution can be read here. The resolution reaffirms Hilliard's commitment to combat anti-Semitism, Islamophobia, and anti-Palestinian and anti-Israeli bigotry; calls for an immediate, sustained and mutual end to hostilities in Gaza, the release of hostages and detainees, and the urgent expansion of humanitarian assistance; stresses international legal obligations to protect civilians, humanitarian workers and medical personnel; condemns the taking and killing of hostages, and the murder of civilians; opposes additional resettlement in and forced displacement of civilians from Gaza; supports efforts for the recovery and reconstruction of Gaza; and reiterates an unwavering commitment to the peace process.
- Background: Residents and non-residents have been coming to City Council meetings since March to speak about the ongoing conflict in Israel.
- Public Comments:
- Noura Dabdoub (5530 Oldwynne Road): Spoke at previous council meetings. Expressed regret that this proposed resolution is different than the one presented to council in March, and that this proposed resolution does not mention the word "ceasefire". Did not understand why this would be controversial and asked why Hilliard would copy the resolution passed by the City of Columbus. Was generally grateful that the proposed resolution was presented for adoption.
- Rev. Katie Kinnison (3600 Leap Road): Pastor at Hilliard Presbyterian Church. Lamented calls for peace being considered hate speach and said that it was not anti-semetic to critique the nation-state of Israel. Talked about how all religious people agree that innocent people should be protected. Spoke about historic political issues in the region as well as statistics about the ongoing violence.
- Nadia Rasul (4540 Stonehill Street): Talked about how international immigrants make up half of the population growth here, and that population growth drives business and job growth. Thought that differences should be celebrated but that there were more similarities between people than differences. Lamented the fact that federal tax dollars are used to support Israel.
- Mary Yoder (No address given): From 2002-2007 she worked in the West Bank and saw atrocities commited by Israeli soliders. Talked about checkpoints and curfews implemented in the area, and how those policies affected children. Said that the actions being performed today by Israel and not true self-defense. Called for a ceasefire.
- Hena Masood (5710 Aderholt Road): Spoke about hiking Angel's Landing in Utah. Spoke about personal experiences of harrassment for being a Muslim after September 11, 2001. Spoke about her activism supporting Palestine liberation and personal resiliency. Hoped the resolution would be adopted to "recognize the humanity of the Palestinian people".
- Rima Dabdoub (No address given): Spoke about differences between identity groups in the Middle East. Said that she recognizes that Hilliard wants to support diversity and inclusion, but said that easy efforts like social media posts don't fully address the needs of members of marginalized groups. Lamented that Council did not bring their drafted resolution up for adoption, and that Council didn't think it was an easy decision to adopt such a resolution. Asked council to adopt a resolution recognizing their humanity and pain, and to realize that their is more work to be done to address the needs of her community in order to embrace inclusion and equality.
- Wayne Genter (4272 Stream Bank Lane): Said that Council should not adopt a resolution about an issue outside the jurisdiction of Hilliard, and said that passage would invite more demands for such resolutions. Said that Israel has created a prosporus country and faced adversity in the midst of neighboring countries that don't recognize their right to exist and seek Israel's destruction. Said that Israel wants to release the hostages and eliminate the Hamas terrorist group. Criticised Hamas, and said that a ceasefire resolution would be meaningless as conditions in the area change quickly.
- Mazen Rasoul (5517 Brixston Court): "I hope everyone was respectful today, since we're seen as not respectful." Said that a genocide is being committed in Gaza, and asked council to recognize that. Said that it was "a true disappointment, to say the least, that you did not have the courage and bravery" to use the term ceasefire in the proposed resolution. Said that the proposed resolution fails to meet what they have been asking for. "We will never forget and we will never forgive those who committed this genocide, those who were complicit in supporting them and arming them and justifying it." "Thank you for this resolution, I guess, but we hope that City Council has more courage in the future to actually say what needs to be said."
- Additional Discussion:
- Betts spoke about his military service. Said that government at all levels should (1) protect its citizens from harm and (2) empower its citizens both individually and collectively to reach their full potential. Said that government service requires empathy, and that people can't feel like they are contributing members of a community unless they feel that they are heard and listened to by others. He argued that they have a duty as elected officials to answer the call of the citizens, and to amplify their voices. He was disappointed that the resolution did not include the word "ceasefire". Said that he would be supported the resolution and asked other members of Council to do the same.
- Vermillion said that this "was not the language that I would have landed on", and also supported use of the word "ceasefire". She became emotional when mentioning that she thought that the local government has a duty "to listen to our constituents, and to show that we care and that we do have empathy and compassion." She said that she was "sorry its taken us six weeks to do something".
- Votes: Motion to adopt by Betts, seconded by Cole. Councilwoman Hale moved to amend Section 2 and 3 of the resolution to change the phrase "Gaza" to "Gaza, Israel, and the Middle East". Seconded by Carrier. There was a small outcry from the gallery when the suggested amendment was read. On the Hale motion: Three in favor (Hale, Carrier, Teater), three against (Betts, Cole, Vermillion), one abstention (Cottone). Motion to amend failed. On the main motion: Four in favor (Betts, Cole, Teater, Vermillion), two against (Carrier, Hale), one abstention (Cottone).
- Status: Passed 4-2
PRESIDENT'S COMMUNICATION
- Vermillion noted that Wednesday the 24th was Administrative Professionals Day and recognized Clerk Dee Werbrich for all that she does for City Council.
CITY MANAGER UPDATES
ITEMS FOR COUNCIL DISCUSSION
Carrier moved to adjourn the meeting, seconded by Cole. Motion passed by voice vote.
The next regular City Council meeting will take place on May 13th.
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2024.04.16 04:40 Waterbird19 Ranked season 2!
2024.03.26 20:34 Buck_i_Am 3/25/2024 Hilliard City Council Meeting Summary
The video replay cut out for the first few minutes of the meeting so I wasn't able to capture everything that was said during the Invocation or Commission and Board Reports.
REGULAR MEETING
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was led by Councilwoman Cole and the pledge of allegiance was said by all members.
COMMISSION AND BOARD REPORTS
- Board of Zoning Appeals (Cole):
- Destination Hilliard (Betts): Had a successful Bunny Hop over the weekend
- Environmental Sustainability (Vermillion):
- MORPC (City Manager Crandall):
- Planning and Zoning (Cole): No report
- Public Arts (Vermillion):
- Recreation and Parks (Cottone/Hale):
- Shade Tree Commission (Teater): No report
- Aging in Place Committee (Cottone): Gave a presentation to someone
RECOGNITION AND SPECIAL GUESTS
- Nick Gill, Transportation Director, MORPC:
Mr. Gill presented the 2024-2050 Draft Metropolitan Transportation Plan on behalf of the Mid-Ohio Regional Planning Commission. He noted that the population in central Ohio is expected to grow to over 3 million people by 2050, up from 2.4 million people today, and that residential and job density is expected to increase as a result. Demographics and transportation needs are expected to change as well, and MORPC hopes to enhance transportation planning using a mix of federal, state, and local financial assistance. In addition to providing safe mobility options, MORPC want's to create sustainable neighborhoods that protect natural resources and reduce energy consumption.
Mr. Gill spoke about the current
LinkUS initiative and explained that they are currently planning for bus rapid transit corridors along West Broad Street, East Main Street, and along Olentangy River Road to Bethel Road and Sawmill Road. They are studying future routes to the airport and between south Columbus and downtown Columbus, and have plans for transit improvements along East Broad and Cleveland Avenue. MORPC desires to study potential connectivity between Hilliard and downtown Columbus which could include some combination of (1) the planned expansion of the Heritage Rail Trail and future connectivity to
the (paused) expansion of the Scioto trail, (2) inter-city passenger rail service (Amtrak), or (3) expanded and enhanced COTA bus service.
Mr. Gill said that MORPC was in the process of presenting this information to municipalities across central Ohio and is looking for public comment on the draft plan before its potential adoption in May.
Councilman Carrier asked about how much money would be going into studying transit to/from Hilliard, and noted that Hilliard has always seemed to receive less than other communities in the region (Dublin, Grove City, etc.) and had more gaps to fill when it came to transportation. Mr. Gill was unable to give a clear dollar amount. City Manager Crandall mentioned that Hilliard did receive some federal dollars through MORPC to complete the bike/pedestrian bridge over I-270 which will link Hilliard to Mill Run.
PUBLIC COMMENTS
- Mohammed "Mo" Museitif (5316 Wabash River Street, Dublin): Wanted to address "the elephant in the room" of the "illegal occupation happening in our homeland" of Palestine by Israel. He noted that Israel's blockade of the Gaza strip prevents supplies and food from reaching the people in that region, and spoke about the demolition of homes in Gaza due to lack of proper permits. He mentioned the loss of life and general poor treatment of family members in the region.
- Mazen Rasoul (5517 Brixston Court, Hilliard): Mazen came to speak on behalf of someone else who could not make it. He spoke during the prior City Council meeting on March 11th. He noted that Columbus City Council and Cleveland City Council passed ceasefire resolutions without using the term 'ceasefire', a fact that he criticized. He said that the moral thing to do would be to "become pro-Palestinian" and be against the "occupation" and "apartied regime". He said that "an ethnic cleansing campaign is ongoing". He asked council to adopt a ceasefire resolution.
- Reyann Askar (no address given): Said that she is an Ohio State student and lifelong Hilliard resident. She mentioned that she was surprised that "it was so controversial for the people in my own community to at the very least acknowledge the murder of newborn babies, children, and innocent civilians in my country." She acused council of "denying me my humanity as well as that of my Palestinian brothers and sisters." She said "we feel unsafe because our representatives are actively harming us by finding excuses to deny our requests", and that "you have the priviledge of [being uncomfortable with the word 'ceasefire']". She thought that council feared being labeled as anti-semetic and said "somewhere along the way the definition of antisemiticism, Judaism, and Zionism have been misconstrued." She accused council of being afraid to call for a ceasefire because it would fuel anti-semetism, but "what fuels anti-semetism is murdering children by the thousands in the name of Judaism while adamently insisting that your actions are inseparable from all Jewish people." "Zionism is a transformation to nationalism, its a colonial settler ideology and a political movement started by people who are non-religious." "Zionists use the word antisemetic as a weapon to shut down any and all criticism of Israel's policies." She accused the Israeli government of stealing land, starving people, and killing tens of thousands of others.
- Bayan Shalash (no address given): Said that she is a Hilliard Bradley graduate and an Ohio State medical school student. She mentioned council members by name as she spoke about happenings in Gaza. Said that she was moved by stories of medical professionals (Councilwoman Hale and Cole), as well as the impact to children through the disrupted education system (Councilman Teater). She said that children are being starved (calling out President Vermillion and Vice President Cottone for their dedication to feeding vulnerable citizens in Hilliard), and that it was clear that Israel was guilty of war crimes (calling out Councilman Carrier's expertise in legal affairs and Councilman Bett's military background).
- Kay Coghlan(??) (Galena): "I identify as a white woman and I am a Christian". Said that she was "here in solidarity with people of good conscience from around the world...to demand a permanent ceasefire in Gaza." She demanded liberation for the Palestinian people "who have been living with the Israeli government boot on their necks for 76 years." She went through a list of grievances against what was going on in Gaza, noting how Jesus would react to these actions.
- Nas(?) Rasul (no address given): Said that he graduated from Hilliard Davidson and Ohio State. Said that as a disabled person in America, he gets treated as inferior, but it would be nothing compared to the disabilities faced by people in Gaza. Asked council to support a ceasefire resolution. Said that they would be here every meeting until they do.
- Jessica Pohlman (Hilliard): As a nurse at Nationwide Children's, the impact of violence in Gaza affecting children has impacted her greatly. Asked council to support a ceasefire resolution, and show support for the Palestinian people.
- Sarah Abu-Rayyan (Hilliard): Spoke about her full name (which she doesn't have memorized), and the tradition of honoring each ancestor by mentioning them in a full name. She can trace her family to Palestine up to 14 generations. Spoke about some of the history of the region including the 1917 Balfour declaration and the creation of the Jewish state of Israel. Lamented that supporting the ceasefire in Gaza is considered antisemitic. Accused Israel of asking us to see Palestinian people as non-human and not deserving of basic rights.
- Erin Neese (3336 Brendan Drive, Columbus): Spoke about the international concerns for famine and starvation in Gaza. Mentioned issues that were noted by the Mennonite Central Committee with getting supplies into Gaza, and said that the Israel authorities are arbitrarily preventing trucks of supplies from entering Gaza. Asked council to pass a ceasefire resolution.
- Ameera Rasul (?) (Hilliard): 2023 graduate of Hilliard Davidson who mentioned the collective genocide murder of children in Gaza and noted that the UN Security Council just passed a two-week ceasefire resolution. Expressed confusion that the term ceasefire was considered controversial.
- Eric Schottenstein (Columbus): Worked in housing development in and around Hilliard. Condemned the loss of innocent life in the middle east and advocated for peace in the region. Quoted Golda Meir (Israeli Prime Minister and advocate for the creation of Israel) by saying that if Israel puts down their weapons, there will be no more Israel; but if the Palestinians put down their weapons, there will be peace. He expressed shock that the calls for a ceasefire don't mention anything about hostages or the actions of Hamas on October 7, 2023. While sympathizing with the "real concerns" expressed by residents today, he said that he doesn't recall ever seeing local governments called upon to denouce an international conflict.
- Stephanie Bisca (4921 Hawkstone Road, Hilliard): Asked council to consider a situation in which the invasion of a music festival by Hamas on October 7, 2023 had happened in Hilliard instead, and ask how they might feel about that. Further drew the analogy with hostages being taken. Said that it is up to the people of Palestine to remove Hamas from their elected positions. Denounced the 1988 Hamas charter, defining their struggle to be against the Jews, and called this genocidal. Someone from the audience spoke out while she was talking, which she called very disrespectful, and she was gently escorted out
- Wayne Genter (4272 Stream Bank Lane): Noted that since Council carries a responsibility to serve Hilliard, public comments during City Council meetings are only of value if the comments directly impact this community. He said that no resolutions, statements, or actions with impact outside the jurisdiction of Hilliard should be considered. He said that the current conflict in the middle east began with the Hamas invasion of Israel on October 7th and noted the atrocities committed by Hamas on that day and those that have continued since the attack. He noted the theft of funding by Hamas meant for humanitarian aid for the people of Gaza.
Mr. Genter's three-minute time limit was reached and Vermillion attempted to move on with the business portion of the meeting. Hale said that others were given additional time to finish their thoughts, and that he should be given the same. There was a small outcry of disagreement from the audience. Vermillion said that she tried to stop everyone close to 30 seconds after the timer went off, and she heard Mr. Genter pause at the buzzer. Hale suggested that Mr. Genter was being polite by pausing unlike the other speakers, and was now not being allowed to finish because of it. Hale moved to give Mr. Genter another 15 seconds to speak, seconded by Carrier. On the Hale motion: Three in favor (Hale, Carrier, Betts), four against (Cole, Vermillion, Cottone, Teater). Motion failed. As people exited the chamber before the business portion started, there was a slight back-and-forth between Hale and Vermilliion with a suggestion to talk about it later.
ORDINANCES
Ordinance 24-06: AMENDING THE ZONING CODE OF THE CITY OF HILLIARD TO ADD HEALTH AND FITNESS FACILITIES AS A CONDITIONAL USE WITHIN THE OH-RD AND OHMD ZONING DISTRICTS - Summary: This proposal would allow “Health and Fitness Facilities” as conditional uses within the Old Hilliard zoning districts.
- Background: In January, an applicant submitted an application to request an amendment to the permitted and conditional use table for properties within Old Hilliard. The applicant is considering the use of an existing industrial site that would accommodate a use that is currently not anticipated by the Code. The positive recommendation of the Planning and Zoning Commission is being forwarded to City Council for final consideration.
- Votes: Seven in favor (Vermillion, Teater, Hale, Cottone, Cole, Carrier, Betters), none against.
- Status: Passed 7-0
RESOLUTIONS
Resolution 24-R-23: APPROVING EQUITY LLC'S APPLICATION FOR A COMMUNITY ENTERTAINMENT DISTRICT GENERALLY LOCATED ALONG TRUEMAN BOULEVARD, SOUTH OF DAVIDSON ROAD, AND CREATING SUCH COMMUNITY ENTERTAINMENT DISTRICT - Summary: This legislation will allow for additional liquor permits to help attract restaurants to the TruePointe development.
- Background: A Community Entertainment District ("CED'') is defined as an economic development tool that is important for revitalizing or activating neighborhoods and development areas, creating jobs, and allowing new businesses to open and operate within a bounded area that includes or will include a combination of entertainment, retail, educational, sporting, social, cultural, or arts establishments within close proximity to some or all of the following types of establishments within the district. When a CED is established, it creates a new "pool" of available liquor permits that can only be issued to businesses located within the CED. These additional liquor permits fall above the normal mandated quota, to be issued in the defined CED area -the CED may have one such permit for every five acres of the CED, up to a maximum of 15 permits.
- Votes: Motion to adopt by Teater, seconded by Hale. Seven in favor (Teater, Hale, Betts, Vermillion, Cole, Carrier, Cottone), none against.
- Status: Passed 7-0
Resolution 24-R-24: AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DECKER CONSTRUCTION COMPANY FOR THE 2024 SIDEWALK MAINTENANCE PROGRAM (CIP T-160); AUTHORIZING THE EXPENDITURE OF FUNDS; AND AUTHORIZING THE TRANSFER OF FUNDS - Summary: This legislation authorizes the City Manager to enter into a construction contract with Decker Construction Company and modifies an existing professional services contract with Prime AE Group for the annual Sidewalk Maintenance Program. The estimate for the 2024 Sidewalk Maintenance Program was $945,450 but the lowest bid from Decker Construction was $1,003,800.
- Background: Subdivisions subject to sidewalk maintenance this year include Avery, Colonial Lakes, Luxair, and Conklin.
- Votes: Motion to adopt by Cole, seconded by Cottone. Seven in favor (Cole, Cottone, Hale, Vermillion, Betts, Teater, Carrier), none against.
- Status: Passed 7-0
Resolution 24-R-25: AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MCCROMETER INC. FOR SANITARY SEWER FLOW MONITORING SERVICES (CIP S-20) AND AUTHORIZING THE EXPENDITURE OF FUNDS - Summary: This legislation would approve a professional services contract with McCrometer, Inc. to supply and maintain equipment to conduct sanitary sewer flow monitoring at various locations in the City's sanitary sewer system. The cost of five flow monitors and the rain gauge for twelve (12) months is $56,100, and the cost to relocate each of the five meters once is $7,000. This results in a cost for 2024 of $63,100, and $56,100 in 2025.
- Background: The City has previously contracted with Hach (now “McCrometer”) for successive two-year contracts over the past fourteen years. These contracts have always been less than $50,000 annually, and therefore, did not require additional Council authorization. Hach's costs for monitoring services have risen only slightly for each successive contract. Flow monitors produce 24-hour, 7-day-a-week measurements of flow in the City's sanitary sewer system. The advantage of McCrometer's flow monitoring system is it produces data that can be viewed on-line by the City or any engineering consultant working for the City. In addition, McCrometer monitors and maintains the meters as part of their contract.
- Votes: Motion to adopt by Carrier, seconded by Teater. Seven in favor (Carrier, Teater, Vermillion, Cole, Hale, Cottone, Betts), none against.
- Status: Passed 7-0
Resolution 24-R-26: CONFIRMING THE INTENTION OF THE CITY OF HILLIARD TO JOIN THE CITY OF COLUMBUS AS A CO-PLAINTIFF IN LEGAL ACTION CHALLENGING SECTION 9.681 OF THE OHIO REVISED CODE PROHIBITING LOCAL ADMINISTRATIVE REGULATION OF TOBACCO PRODUCTS AND ALTERNATIVE NICOTINE PRODUCTS - Summary: This Resolution declares Council’s intention that the City join as a co-plaintiff in legal action to be filed by the City of Columbus challenging Section 9.681 of the Ohio Revised Code, which would prohibit local administrative regulation of tobacco and alternative nicotine products, as a violation of the Ohio Constitution’s Home Rule Amendment.
- Background: In January, the Ohio General Assembly overrode the Governor’s veto of Section 9.681 of the Ohio Revised Code, which was adopted as a rider in the State’s biennial operating budget. Section 9.681 would prohibit local governments, including municipal corporations such as the City of Hilliard, from adopting and enforcing administrative regulations of tobacco products and alternative nicotine products. This law, if it takes effect, would prohibit the City’s existing tobacco retail licensing and enforcement.
- Votes: Motion to adopt by Betts, seconded by Cole. Carrier moved to amend the resolution to include a statement stipluating that any related expendatures for the legal challenge be brought back before the body for approval, seconded by Cole. On the Carrier motion: seven in favor (Carrier, Cole, Teater, Cottone, Vermillion, Hale, Betts), none against. Motion to amend passed 7-0. On the resolution as amended: Seven in favor (Betts, Cole, Cottone, Vermillion, Carrier, Hale, Teater), none against.
- Status: Passed as amended 7-0
PRESIDENT'S COMMUNICATION
- Council meeting is moved from April 8th to April 9th due to the solar eclipse. There will be a community event at Hilliard Station Park that day.
- Council rules were e-mailed to all members, and Vermillion asked that all members be prepared to discuss potential changes during next meeting.
- Eight of sixteen homeowners took advantage of a sewer backflow program sponsored by the City.
CITY MANAGER UPDATES
- State of the City Address is at Center Street Market at 5:30pm on Wednesday the 27th.
ITEMS FOR COUNCIL DISCUSSION
- Cole and Hale have teamed up to assess non-profit organizations within the City to attempt to connect residents in need with these resources.
- Clerk Werbirch mentioned that are a number of City Boards and Committees with vacancies needing to be filled. Those positions are posted on the City website.
Carrier moved to adjourn the meeting, seconded by Cottone. Motion passed by voice vote.
The next regular City Council meeting will take place on April 9th.
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2022.12.02 14:32 Affectionate_Cat293 Explaining Criminalisation of Zina and LGBT in Indonesia
There is a lot of questions raised about the new Indonesian Criminal Code. Here I want to focus on two issues that often appear in the media (and in public discourse): criminalisation of zina and LGBT. In fact, some international headlines only focus on these aspects, like
this or
this. In this post, I just want to give some context as to why the DPR spends so much time mulling a new criminal code and discussing these issues.
Context: New Criminal Code? Before we discuss the two issues, some people here might ask: why do we need a new criminal code?
The most commonly cited reason is that the current criminal code is directly inherited from the Wetboek van Strafrecht voor Nederlands-Indië.
Article II of the Transitional Provisions of the 1945 Constitution says: "All existing laws and regulations shall remain in effect as long as new laws and regulations have not yet taken effect under this Constitution." And then you have
UU No 1 Tahun 1946, which says:
Pasal 1: "Dengan menyimpang seperlunya dari Peraturan Presiden Republik Indonesia tertanggal 10 Oktober 1945 No. 2, menetapkan, bahwa peraturan-peraturan hukum pidana yang sekarang berlaku, ialah peraturan-peraturan hukum pidana yang ada pada tanggal 8 Maret 1942."
Pasal 3: "Jikalau di dalam sesuatu peraturan hukum pidana ditulis dengan perkataan "Nederlandsch-Indie" atau "NederlandschIndisch(e) (en)", maka perkataan-perkataan itu harus dibaca "Indonesie" atau "Indonesishc(e) (en)".
This law, however, was really problematic because of
the following reason:
“(…) the law did not translate all articles in the criminal code into the Indonesian language. Since then, no official translation of the criminal code has been enacted by the government and judicial institutions have had to rely on various translations published by Indonesian legal scholars. Because of this, the role of criminal law lecturers as expert witnesses in trials has been influential in helping judges to interpret the element of the crimes stipulated in the code.”
Since then, some provisions have been added/amended. For example,
Penetapan Presiden RI No. 1 Tahun 1965 added the crime of blasphemy.
That's why many academics and politicians believe that after 77 years of independence, Indonesia really needs to adopt its own criminal code as soon as possible, a criminal code which reflects the values and norms of Indonesia. Examples:
Wamenkumham Tegaskan RKUHP untuk Hilangkan Nuansa Hukum Kolonial
Dosen Fakultas Hukum Universitas Jember, I Gede Widhiana Suarda, menjelaskan, penyusunan RUU KUHP telah melewati perjalanan yang panjang. Satu tahun terakhir ini, kata dia, RUU KUHP menjadi salah satu prioritas legislasi yang dapat disahkan di tahun 2022. "Alasan diperlukannya KUHP baru bahwasannya kalau bangsa sudah merdeka, maka secara politis dia juga harus merdeka dalam berhukum," ujarnya.
Zina and LGBT in the old/current Criminal Code The old/current Criminal Code from the Dutch era does not criminalise consensual sex between unmarried adults, including homosexual sex. It does criminalise adultery under
Article 284:
(1) By a maximum imprisonment of nine months shall be punished:
a. any married man who, knowing that Article 27 of the Civil Code is applicable to him, commits adultery;
b. any married woman who commits adultery;
- a. any man who takes a direct part in the act knowing that the guilty co-partner is married;
b. any unmarried woman who takes a direct part in the act knowing that the guilty copartner is married and that Article 27 of the Civil Code is applicable to him.
(2) No prosecution shall be instituted unless by complaint of the insulted spouse, followed, if to the spouse Article 27 of the Civil Code is applicable, within the time of three months by a demand for divorce or severance from board and bed on the ground of the same act
Article 284(2) is very important, because this is a delik aduan, which means that the police cannot just go to people’s houses to find adulterers; there needs to be a complaint from someone who is legally competent to do so, in this case only the spouse can initiate a case.
Here is a good summary from Hukumonline:
delik aduan artinya delik yang hanya bisa diproses apabila ada pengaduan atau laporan dari orang yang menjadi korban tindak pidana. Menurut Mr. Drs. E Utrecht dalam bukunya Hukum Pidana II, dalam delik aduan penuntutan terhadap delik tersebut digantungkan pada persetujuan dari yang dirugikan (korban). Pada delik aduan ini, korban tindak pidana dapat mencabut laporannya kepada pihak yang berwenang apabila di antara mereka telah terjadi suatu perdamaian.
Also interesting to note is that this article is inherited from the Dutch. The Dutch East Indies Criminal Code criminalised
overspel (adultery). Here is a summary
from the ICJR:
"Sejauh menyangkut gendak (overspel-adultery), pria yang telah menikah dipersamakan dengan perempuan menikah; - pasangan tidak menikah, dengan siapa dilakukan tindak pidana; seketika Ia mengetahui status perkawinan pasangannya (turut bersalah), dikategorikan sebagai pelaku peerta (mededader). Gendak tetap merupakan delik aduan, namun rancangan tidak mengatur ihwal kewenangan pasangan yang tersinggung (merasa dirugikan) untuk menghentikan proses pidana; termasuk juga ihwal pembatasan alat-alat bukti (Pasal. 337-338 Code Pénal)."
Also an important detail: while adultery is a form of zina, zina has a much broader scope. Zina, or “unlawful sexual conduct”, also includes sex between unmarried men and women.
While homosexual sex is not criminalised, Article 292 prohibits “any obscene act with it minor of the same sex whose minority he knows or reasonably should presume”, with the threat of “maximum imprisonment of five years.” This was also inherited from the Dutch East Indies Criminal Code.
As a note, there is a debate in the fiqh (Islamic jurisprudence) as to whether liwat (sodomy) is a form of zina or is a separate crime, the answer depends on the school of jurisprudence you follow (some uses analogy to say that liwat is zina).
This Wikipedia article has a good summary: According to sharia law, liwat (anal intercourse) and sihaq or musahiqa (tribadism) are considered sins or criminal offenses. The Sunni Hanafi school, unlike other Islamic schools and branches, rejects analogy as a principle of jurisprudence. Since there is no explicit call for the punishment of homosexuals in the accepted statements of Muhammed, Hanafi jurists classified homosexuality as a sin rather than a crime according to religious law and tazir offense whose punishment is left to the discretion of secular rulers. According to the Maliki, Shafi'i, Hanbali (Sunni), and Ja'afari (Shia) schools any penetrative sex outside of marriage or a man with his female slave is zina, a more serious crime. Zina is punishable by lashes or death by stoning; whether the death penalty is allowed depends on the school, whether the man has been married, and whether he is the active or passive partner. However, in order to apply the death penalty it requires a confession, repeated four times by the accused, or testimony by four witnesses. All Sunni schools, but not the Shia Ja'afari, consider non-anal sex between men to be a tazir offense.
Aliansi Cinta Keluarga and Conservative Judicial Activism On 19 April 2016, Aliansi Cinta Keluarga/Love Family Alliance (whose members are conservative Muslim academics), led by
a professor of “family defence and advocacy” at the IPB Euis Sunarti, filed a petition to the Indonesian Constitutional Court. They claimed that Articles 284 and 292 of the Criminal Code are unconstitutional. They said that these articles failed to criminalise zina in general and homosexual sex, which they believe are prohibited by religious morality, so the Court should expand the scope of these laws. Cleverly enough, they also petitioned Article 285, which says “Any person who by using force or threat of force forces a woman to have sexual intercourse with him out of marriage, shall, being guilty of rape, shall be punished with a maximum imprisonment of twelve years.” They said that this article failed to criminalise rape against male victims, so they also asked the Court to expand the scope of this article. I’m pretty sure redditors here agree that rape against male victims should be criminalised. This case eventually became
the longest case in the history of the MK, as it took the Court more than a year and a half to decide on it.
In December 2017, the
MK rejected the petition in a 5 to 4 vote. Here is
the full judgment, and
here is a summary: “In this case the Constitutional Court did not make a bold interpretation that stated if the attempt to criminalize LGBT as unconstitutional, they only stating that the legislature rather than the Constitutional Court was the proper institution to expand the scope of criminal law, so the claimant aspiration should be channeled to the drafting process of the new criminal code which at that time is taken by the government and the legislature.”
It was a really close call because it was clear
Patrialis Akbar was going to side with Teteh Euis Sunarti:
In the latest hearing of a judicial review of the Criminal Code, which is aimed at outlawing casual sex, justice Patrialis Akbar concurred with three expert witnesses presented by the plaintiffs, who argued that Indonesia’s legal system was “too liberal”.
“Our freedom is limited by moralistic values as well as religious values. This is what the declaration of human rights doesn’t have. It’s totally different [from our concept of human rights] because we’re not a secular country, this country acknowledges religion,” he said.
Patrialis, a former National Mandate Party (PAN) politician, asked the experts whether or not all laws in Indonesia should accommodate religious norms.
“If the principles that have been comprehensively explained [by the expert witnesses] are not enforced in the existing law in this country, would this country be a secular country where religion no longer needed to be respected?” After asking the question, Patrialis pointed out that the Constitutional Court was an institution that was “guided by the light of God”.
He was eventually
arrested for bribery:
"Saya ingin mengatakan, demi Allah sampai ke Arsy, saya bertanggung jawab, tidak pernah satu rupiah pun saya terima uang dari Basuki dan Fenny," ujar Patrialis.
Well, eventually it turned out that
he received 10,000 USD instead.
His replacement, a professor of law from Andalas University West Sumatra, Saldi Isra, voted against AILA. Given where he is from,
he received a degree of backlash because of this. Had Patrialis Akbar remained, you having a fun night with an FWB would be illegal (and without delik aduan!). Same with consensual homosexual sex.
What is interesting is the pendapat berbeda (dissenting opinion) that would have become the law had Patrialis Akbar not been so greedy. The dissenting opinion was written by the Chief Justice at that time, Arief Hidayat. I will just put here
some excerpts (the official translation is kind of horrendous, but we have to live with it):
Pancasila is the source of all sources of the country’s law. The positioning of Pancasila as the source of all sources of the country’s law was in conformity with paragraph four of the Preamble of the Constitution of the Republic of Indonesia, namely Belief in One Almighty God, A Just and Civilized Humanity, a Unified Indonesia, Democracy Led by the Wisdom in a Consensus or Representatives, Social Justice for All Indonesians. The positioning of Pancasila as the basis and ideology of the country as well as basis of the state’s philosophy [means] all material contained in the Laws and Regulations should not contradict with the values contained in Pancasila.
In Pancasila, value of belief in God was read and interpreted as hierarchical. Value of Belief in God was the highest value because it related to an absolute value. (…)
In the context of Article 28J verse (2), the Constitution of the Republic of Indonesia affirms its character and identity as a Godly Constitution, so it is clear that religious value and public order is given a position and function by constitution as one of the signs or guidelines that should be obeyed in establishing norm of Law so that, once there is a legal norm which reduces, confines, oversteps limitation, and/or in fact, contradicts with religious values, then it is that norm of Law that should be adjusted in order to be not contradictory with religious value and Godly teaching.
Regarding zina, they claimed:
Article 284 of the Indonesian Criminal Code which governs overspel offense, in principle, is very much influenced by the philosophy and paradigm of secular-hedonistic which becomes a hegemony of establishment of norm of law in Europe in the past, which is certainly, very different with the sociological condition of the people in this archipelago, both historically, long before the concordance of Wetboek Van Strafrecht was performed by the Dutch-Indie colonial government, or in the recent context in the Republic of Indonesia.
(…)
The paradigm and philosophy as aforementioned clearly confines, contradicts, and does not at all gives room for religious value, divine light, and the value of living law among Indonesian people who perceive that the despicability nature (verwijtbaarheid) of intercourse outside marriage since long time ago in this archipelago, is genuinely more extensive, which is also because that action contradicts the religious value and living law of the people in Indonesia, because according to religious value and living law that lives and develops among Indonesian people from then until now (minus Article 284 of the Indonesian Criminal Code), intercourse can only be performed between a man and a woman within a marriage relationship
(…)
It is also the same in any religious teaching which lives and develops in Indonesia, adultery is a very despicable action. In Islam religion, for example, there is a restriction norm from Allah SWT to men, which explicitly stated, “and do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.” (Q.S. Al Isra: 32). In the teaching of Islam, the scope of despicability of adultery action clearly includes adultery and fornication, even if the weight of threat of law against both is different.
And for homosexuality:
Historically, stating objective element of “a minor of the same sex” in the article a quo is clearly a ‘win’ to homosexual people and some of the member of the Netherland’s Tweede Kamer that are affirmative toward homosexuality practice, while homosexual practice is clearly one of sexual behaviors which intrinsically, humanely, and universally is very condemnable according to religious law and Divine light as well as the living law among the people, and therefore we opined that the word “adult”, the phrase “minor”, and the phrase “whose minority he knows or reasonably should presume” in Article 292 of the Indonesian Criminal Code should be declared as contradictory against the Constitution of the Republic of Indonesia and does not have a binding legal force.
Overall, as summarised
in this journal article, if the dissenting opinion had passed, it would have meant that all laws in Indonesia can be declared unconstitutional not only for contradicting religious values, but also if they fail to criminalise/prohibit acts that are deemed to be against religions. Interesting here is the effort to frame it as “acts prohibited by ALL religions and ALL customary laws of Indonesia”. As once criticised by
this journal article:
Supposedly, the belief in One God is hypothesised as a pan-religious value in a way that has tacit approval from virtually all major religions. It is in that vein that ‘[the] national pro-sharia movements argue explicitly that Islamisation does not undermine national unity because the State ideology, the Pancasila, has monotheism as its first principle and that this concept is moral in nature.’[25] Additionally, the acceptance of belief in One God also underlies the romanticised static vision of Indonesian society. This simplistic vision strikes a chord with religious conservatives and, eventually, legitimises illiberal social values. In effect, religious constitutionalism takes private religiosity issues seriously.
New Criminal Code? We all already know about the controversy over the new Criminal Code. In the most recent version, consensual homosexual sex will not be criminalised. The provision that was initially intended to criminalise LGBT has been watered down so much, so we can see it as a “compromise provision” that does not threaten consensual homosexual sex in private:
Pasal 418
(1) Setiap Orang yang melakukan perbuatan cabul terhadap orang lain yang berbeda atau sama jenis kelaminnya:
a. di depan umum, dipidana dengan pidana penjara paling lama 1 (satu) tahun 6 (enam) Bulan atau pidana denda paling banyak kategori III;
b. secara paksa dengan Kekerasan atau Ancaman Kekerasan, dipidana dengan pidana penjara paling lama 9 (sembilan) tahun; atau
c. yang dipublikasikan sebagai muatan Pornografi, dipidana dengan pidana penjara paling lama 9 (sembilan) tahun.
(2) Setiap Orang dengan Kekerasan atau Ancaman Kekerasan memaksa orang lain untuk melakukan perbuatan cabul terhadap dirinya, dipidana dengan pidana penjara paling lama 9 (sembilan) tahun.
So the remaining issue now is zina. The zina provision has also been watered down a lot:
Pasal 415
(1) Setiap Orang yang melakukan persetubuhan dengan orang yang bukan suami atau istrinya dipidana karena perzinaan dengan pidana penjara paling lama 1 (satu) tahun atau pidana denda paling banyak kategori II.
(2) Terhadap Tindak Pidana sebagaimana dimaksud pada ayat (1) tidak dilakukan penuntutan kecuali atas pengaduan: a. suami atau istri bagi orang yang terikat perkawinan; atau b. Orang Tua atau anaknya bagi orang yang tidak terikat perkawinan.
(3) Terhadap pengaduan sebagaimana dimaksud pada ayat (2) tidak berlaku ketentuan sebagaimana dimaksud dalam Pasal 25, Pasal 26, dan Pasal 30.
The same with the “kumpul kebo” provision:
Pasal 416
(1) Setiap Orang yang melakukan hidup bersama sebagai suami istri di luar perkawinan dipidana dengan pidana penjara paling lama 6 (enam) Bulan atau pidana denda paling banyak kategori II.
(2) Terhadap Tindak Pidana sebagaimana dimaksud pada ayat (1) tidak dilakukan penuntutan kecuali atas pengaduan: a. suami atau istri bagi orang yang terikat perkawinan; atau b. Orang Tua atau anaknya bagi orang yang tidak terikat perkawinan. (3) Terhadap pengaduan sebagaimana dimaksud pada ayat (2) tidak berlaku ketentuan Pasal 25, Pasal 26, dan Pasal 30. (4) Pengaduan dapat ditarik kembali selama pemeriksaan di sidang pengadilan belum dimulai
Notice the delik aduan provision there. Basically, the police cannot just go around the village to find “kegiatan-kegiatan yang meresahkan masyarakat”. There has to be a report from the husband/wife if one is married, OR from one of the parents/child for those who are unmarried. This is really watered down, because
the previous version would have allowed the head of the village (kepala desa) to report cohabitating couples.
Conclusion The DPR is facing pressures from different groups. Conservative Muslims insist that zina and LGBT are against all religions and customary laws, and must be criminalised. Liberals and human rights defenders criticise the lack of transparency in the drafting of the code and wanted provisions relating to zina and LGBT scrapped altogether. The DPR has to strike a compromise between all these groups, particularly
as the world is watching. The watered-down versions do strike a balance. On the one hand, it symbolically recognises that most Indonesians believe zina and homosexuality are immoral (the fact that many Indonesians would happily indulge in “sinful acts” is another story). On the other hand, the provisions are written in such a way that their implementation are extremely difficult (thanks to delik aduan). As for the potential to incite people to “main hakim sendiri”, this has always happened regardless of the criminal code,
like this one, and conservatives actually use the lack of criminalisation as a justification for their vigilante acts.
Are these symbolic provisions needed? You can judge yourself. But I want to highlight that while the lack of transparency has been criticised by liberals and human rights activists, this actually has a silver lining. If the process were fully transparent, which politician would go to the forefront to defend zina and LGBT, or be the one proposing the watering down of the provisions? Lack of transparency gives a room for maneuver, also for conservative Islamic politicians who want to strike a deal. Full transparency could mean a much more strict provision against zina and LGBT, as politicians could be incentivised to bolster their religious credentials. All in all, I hope this post could give a context why the DPR has to spend time discussing the potential criminalisation of zina and LGBT, and they are well aware of the potential repercussions if they go full Brunei or Uganda.
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2019.07.10 04:13 Nick-fwan Are there aby factions/chapters that use an over excess of explosions?
I love the lore and factions of warhammer. And i absolutely love characters/groups that use explosion to the point it teaters on religiously. So im wondering if anything in warhammer is simaler?
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2011.08.10 23:23 maverick2011 IAmA Disillusioned Combat Veteran AMA
I have been in the Army since 2002. I was deployed as an infantryman from 2004 - 2005 in northern Iraq. Went from being a patriotic, religious and lock-n-step guy to being critical, globalist, and agnostic.
I left active duty and got a degree in the social sciences, won a national security scholarship and studied abroad in the Middle East for a year, studied Arabic, am a national honors scholar in my degree field, and successful in my full-time career.
I am still in the Army part time even though I teater between being totally disgusted with the military and accepting it for what it is. AMA.
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