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VILLAGE OF NEW ALBANY COUNCIL MEETING MINUTES

December 7, 2010

CALL TO ORDER:


Mayor Ferguson called to order the Council Meeting of December 7, 2010 at 6:00 p.m. at the New Albany Village Hall, 99 West Main Street, New Albany, Ohio. Attending were Administrator Joseph Stefanov, Deputy Administrator Debra Mecozzi, Community Development Director Jennifer Chrysler, Deputy Director Kathryn Meyer, Finance Director Jamie Nicholson, Public Service Director Mark Nemec, Public Information Officer Scott McAfee, Law Director Mitch Banchefsky, Village Engineer Ed Ferris and Clerk of Council Betty Bosko.

Mayor Ferguson led the assemblage in the Pledge of Allegiance.


ROLL CALL:


The following Mayor/Council Members answered Roll Call:

Mayor Nancy Ferguson P

CM Colleen Briscoe P

CM Chip Fellows P

CM Glyde Marsh P

CM Steve Pleasnick P

CM Sloan Spalding P


CM Chris Wolfe P

ACTION ON MINUTES:


November 16, 2010 Special meeting: Council Member Briscoe moved, Council Member Pleasnick seconded and Council voted with seven yes votes to accept the minutes of the November 16, 2010 Special meeting as presented.

November 16, 2010 Regular meeting: Council Member Marsh moved, Council Member Fellows seconded and Council voted with seven yes votes to approve the minutes of the November 16, 2010 Regular meeting as presented.


ADDITIONS OR CORRECTIONS TO THE AGENDA:


Council Member Fellows moved to add an Executive Session to the agenda after Item 17, pursuant to ORC 121.22(G)(1) to discuss personnel matters. Mayor Ferguson seconded and Council voted with seven yes to add an executive session.

HEARING OF VISITORS:


Karen Irvine, 7409 Hampsted Square, S. New Albany, addressed Council on issues regarding the Chabad Center property. Ms. Irvine stated that she was here for four reasons.
1. To find out why there is no detention pond on the Chabad Center property.

2. To ask that garbage pick-up for the Chabad Center never be before 7:00 a.m.

3. To make a few comments about the whole rezoning process.

4. To request a letter be mailed to Hampsted Square residents that:

a. explains why the detention pond was not included, why there is standing water on the Chabad Center property, and what is being done about the water.

b. (makes) a commitment that garbage collection will never be before 7:00 a.m..

c. (makes) a commitment that all trees planted by Chabad will be correctly staked, and that any trees which die will be replaced with trees equal in height to surrounding trees, as soon as possible.
Ms. Irvine handed out a document which addressed several complaints and comments concerning the location of the detention pond on the property; privacy screening and sound barriers; request for reduction of parking spaces from 92 to 50; changes that were made to the original plans consisting of material on exterior of building, square footage of building being reduced, detention pond replaced by culvert; property lines reduced; deletion of mounding and mature trees that were slated to remain were removed. During construction, crews began working prior to 7:30 a.m. start time and worked after the 7:00 p.m. end time and garbage collection for the Chabad Center was at 4:00 a.m. Monday mornings.
Mayor Ferguson thanked Ms. Irvine for coming to Council and sharing her concerns and said Council would look into the matter. She told Ms. Irvine that she would be receiving a letter addressing the concerns and told her that if she had any other concerns to please let Council know.


BOARD AND COMMISSION REPORTS:


PLANNING COMMISSION: Council Member Briscoe reported that the Commission met and approved the FDP and a number of variances; with a number of conditions, for Phase II of Water’s Edge. She said the conditions had to do primarily with landscaping.
PARKS AND TRAILS ADVISORY BOARD: The Board has had no meeting since the last report.
ARB: No meeting.
BZA: Council Member Spalding said there is an issue on the agenda this evening regarding the meeting, it involves a covered pool.
BOARD OF CONSTRUCTION APPEALS: No report.
ECONOMIC DEVELOPMENT COMMISSION: No meeting.
RECORDS COMMISSION: No meeting.

CORRESPONDENCE AND COMMUNICATIONS:


NONE
SECOND READING AND PUBLIC HEARING OF ORDINANCES:

ORDINANCE O-36-2010

Mayor Ferguson read by title ANNUAL APPROPRIATION ORDINANCE AN ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES DURING THE FISCAL YEAR ENDING DECEMBER 31, 2010OF THE VILLAGE OF NEW ALBANY, STATE OF OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2011

Mr. Stefanov said as far as the general fund, he and Jamie had reduced the general fund budget by approximately another $90,000 to address some concerns he has about the 2012 budget. He said there was money set aside for potential hires in the second half of 2011, one being a HR position and another being a Finance position, but as he looked out over the 2012 budget he became concerned about our ability to sustain those positions, so out of caution he decided remove those from the 2011 budget completely and then, if, through all of our efforts, attract new business and new revenue, we could always go back and revisit it.
He also showed a “cheat sheet” that he and Jamie have put together summarizing a majority of the capital funds. He said these are a summary of the projects that have been proposed. It gives the fund name, the fund number, the estimated available funds prior to the proposed projects and then the remaining funds if we were to perform all these projects and fund them. He said this way Council doesn’t have to flip through multiple pages of the budget.
Joe said he is pretty happy with the 2011 budget, he feels that we have made good progress trimming the budget and said he thinks the reductions are pretty responsible, and said we will continue to keep an eye on 2012 budget and try to grow income tax revenues as quickly as possible. He said he is hoping for 11%growth between the beginning of 2011 and the end of 2012, and at that point we will be in a much stronger position.
Council Member Briscoe told Council that she met with Joe and the staff and said, for the first time she had concerns. She said she was concerned about the size of the cuts that some of the departments made, but is now convinced that they gave it a lot of thought. The cuts were considerable, they were real and they were things that we can live without for a while. She complimented the staff and said it couldn’t have been easy and said she applauded them (staff).
Mr. Stefanov asked Council to take a look at the list of Capital improvement items determined at the retreat. He said with the Village Center TIF, there were some areas with opportunities to do some improvements based on Council’s priorities.
Mayor Ferguson opened the Public Hearing on Ordinance O-36-2010. Hearing no comments or questions from the Public, she closed the Public Hearing.
Council Member Pleasnick moved, Council Member Fellows seconded and Council voted with seven yes votes to approve Ordinance O-36-2010.
ORDINANCE O-38-2010

Council Member Briscoe read by title AN ORDINANCE TO REPEAL AND REPLACE TITLE FIVE, CHAPTER 1169 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF NEW ALBANY, OHIO, TITLED “DISPLAY SIGNS AND OUTDOOR ADVERTISING”.


Mayor Ferguson proposed changes for the sign code. She read the first suggested change; In Section 1160.12(a) which indicates that signs should be consistent in design and that style of buildings and signs should relate to each other. She said she thinks her suggestion was a matter of clarification.
In 1169.12 (c) (3), the Mayor suggested a few slight changes to the language regarding neon and signs with moving or changing words.
The Mayor said that if she were writing the sign code, it would say there will be no neon signs. However, there are people who want to open the door to neon signs under the right circumstances. She said that they feel that if a neon sign comes down the road on an application, the ARB can use their good judgment on whether it fits the need. She said she wanted to add a sentence to allow the ARB to ‘hang their hats on’ if they decide not to allow the sign. It provides a little help to them in determining when it might be appropriate. She said the last sentence regarding moving or changing words is in the sign code somewhere, but she couldn’t find it. She said what we want to avoid is something like the moving sign outside the Gahanna High School which has the LED lights with the running words. She said she just wanted to be sure it was understood that that is prohibited.
Dr. Marsh said he feels those signs are more up to date and this is a modern world. He said he enjoys going down the road and reading them.
Council Member Fellows said you could argue that it is to keep in the character of the Village not to have crass commercialism and consumerism in our Village.
Dr. Marsh disagreed with that comment. He said if you want to go back to the old days they used incandescent lights for years and now that is prohibited.
Mayor Ferguson said we have spent a lot of time and money to develop some great signs in the Village. The new signs at the entrance to the Village we put up about a year ago plus the new signs that went up with the Parade of Homes are outstanding. One of the things that make them outstanding is that they relate to this brand that we have been trying to create with our Traditional Architecture. She said we should continue to capture that bit of our brand that is traditional rather than a more contemporary sign.
Council Member Briscoe suggested a couple of minor additions, but said on the whole, she is ok with the Mayor’s suggestions.
Mayor Ferguson moved to amend Ordinance O-38-2010 version dated 11/02/10 in Section 1169, regarding design of sign, neon/moving words signs, and construction signs, as discussed by Council. Council Member Pleasnick seconded and Council voted with seven yes votes to approve the amendments.
Mayor Ferguson opened the Public Hearing on Ordinance O-38-2010. Hearing no comments or questions, she closed the Public Hearing.
Mayor Ferguson commended Deputy Community Development Director Kathryn Meyer on the accomplishment and thanked her for her hard work.
Council Member Briscoe moved, Council Member Fellows seconded and Council voted with seven yes votes to approve Ordinance O-38-2010 as amended.
ORDINANCE O-39-2010

Council Member Pleasnick read by title SUPPLEMENTAL ORDINANCE AN ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES DURING THE FISCAL YEAR ENDING DECEMBER 31, 2010


Finance Director Nicholson said this is an end of the year housekeeping Ordinance.

Mayor Ferguson opened the Public Hearing on Ordinance O-39-2010. Hearing no comments or questions from the Public, she closed the Public Hearing.


Council Member Fellows moved, Council Member Pleasnick seconded and Council voted with seven yes votes to approve Ordinance O-39-2010.
ORDINANCE O-40-2010

Council Member Wolfe read by title AN ORDINANCE TO AMEND THE CODIFIED ORDINANCES OF THE VILLAGE OF NEW ALBANY CHAPTER 155 “PERSONNEL POLICIES” SPECIFICALLY TO REPEAL CHAPTER 155 AND ENACT NEW CHAPTER 155, “PERSONNEL POLICIES”


Deputy Administrator Mecozzi explained the changes, and the need to repeal and enact new Chapter 155.
Council Member Briscoe moved, Council Member Wolfe seconded and Council voted with seven yes votes to amend Ordinance O-40-2010 to declare an emergency and to waive the 30 day waiting period.
Mayor Ferguson moved to amend the Ordinance to make it effective January 1, 2011. Council Member Briscoe seconded and Council voted with seven yes to amend this ordinance to be effective on January 1, 2011.
Mayor Ferguson opened the Public Hearing on Ordiance4 O-40-2010. Hearing no comments or questions, she closed the Public Hearing.
Council Member Pleasnick moved, Council Member Briscoe seconded and Council voted with seven yes votes to approve Ordinance O-40-2010 as amended.

INTRODUCTION AND FIRST READING OF ORDINANCES:


ORDINANCE O-41-2010

Council Member Fellows read by title AN ORDINANCE TO AMEND ORDINANCE 0-33-2008, REGARDING “THE VILLAGE OF NEW ALBANY SCHEDULE OF FEES AND SERVICE CHARGES”


Deputy Administrator Mecozzi said that there are changes that cross several sections of the Schedule. Staff is proposing that Council repeal the current Schedule in its entirety and replace it with the new Exhibit (Schedule).
Mayor Ferguson scheduled this Ordinance for Second Reading and Public Hearing at the next Council meeting.

ORDINANCE O-43-2010

Mayor Ferguson read by title AN ORDINANCE TO AMEND THE CODIFIED ORDINANCES OF THE VILLAGE OF NEW ALBANY, CHAPTER 521 “HEALTH, SAFETY AND SANITATION” SPECIFICALLY 521.12 “HOURS OF WORK”


Deputy Administrator Mecozzi told Council that Codified Ordinance section 521.12 provides standards to protect residents from excessive noise levels by restricting hours of work for certain types of outside work considered to be loud and disturbing. The first change better defines the days of the year for which the time restriction applies; and the second proposed change is to more adequately address the types of equipment being operated by contractors.
Mayor Ferguson scheduled this Ordinance for Second Reading and Public Hearing at the next Council meeting.

RESOLUTIONS:


RESOLUTION R-76-2010

Council Member Spalding read by title A RESOLUTION AUTHORIZING THE VILLAGE ADMINISTRATOR TO FILE AN APPLICATION TO THE STATE OF OHIO, TO PARTICIPATE IN THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ECONOMIC DEVELOPMENT PROGRAM


Mayor Ferguson moved, Council Member Briscoe seconded and Council voted with seven yes votes to approve Resolution R-76-2010.
RESOLUTION R-77-2010

Dr. Marsh read by title A RESOLUTION TO AUTHORIZE THE ADMINISTRATOR TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT ON BEHALF OF THE VILLAGE OF NEW ALBANY, OHIO WITH THE FIRM OF M+A (MEACHAM & APEL ARCHITECTS, INC.) TO PROVIDE PRIMARY COMMERCIAL PLAN EXAMINATION SERVICES TO THE VILLAGE


Mayor Ferguson moved, Council Member Marsh seconded and Council voted with seven yes votes to approve Resolution R-77-2010.
RESOLUTION R-78-2010

Mayor Ferguson read by title A RESOLUTION TO AUTHORIZE THE ADMINISTRATOR TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT ON BEHALF OF THE VILLAGE OF NEW ALBANY, OHIO WITH THE FIRM OF ASEBROOK & COMPANY TO PROVIDE BACKUP COMMERCIAL AND RESIDENTIAL PLAN EXAMINATION AND INSPECTION SERVICES TO THE VILLAGE


Mayor Ferguson moved, Council Member Marsh seconded and Council approved Resolution R-77-2010 with the typo in the title corrected.
RESOLUTION R-79-2010

Council Member Briscoe read by title A RESOLUTION TO AUTHORIZE THE ADMINISTRATOR TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT ON BEHALF OF THE VILLAGE OF NEW ALBANY, OHIO WITH THE FIRM OF DSA ARCHITECTS, INC. TO PROVIDE BACKUP COMMERCIAL AND RESIDENTIAL PLAN EXAMINATION SERVICES AND INSPECTION TO THE VILLAGE


Mayor Ferguson moved, Council Member Fellows seconded and Council voted with seven yes votes to amend the title and the first Whereas to take out the words ‘inspection services’ and leave in the words ‘plan review’.
Mayor Ferguson moved, Council Member Pleasnick seconded and Council voted with seven yes votes to approve Resolution R-78-2010 as amended.
RESOLUTION R-80-2010

Council Member Pleasnick read by title A RESOLUTION TO AUTHORIZE THE ADMINISTRATOR TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT ON BEHALF OF THE VILLAGE OF NEW ALBANY, OHIO WITH FRANKLIN COUNTY TO PROVIDE PLUMBING INSPECTION SERVICES TO THE VILLAGE


Council Member Briscoe moved, Council Member Pleasnick seconded and Council voted with seven yes votes to approve Resolution R-80-2010.
RESOLUTION R-81-2010

Mayor Ferguson read by title A RESOLUTION TO AUTHORIZE THE ADMINISTRATOR TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT ON BEHALF OF THE VILLAGE OF NEW ALBANY, OHIO WITH THE FIRM OF MSI (MYERS SCHMALENBERGER) TO PROVIDE PLANNING AND DESIGN SERVICES TO THE VILLAGE


Council Member Pleasnick moved, Council Member Briscoe seconded and Council voted with seven yes votes to approve Resolution R-80-2010.
RESOLUTION R-82-2010

Council Member Fellows read by title A RESOLUTION TO OBJECT TO THE RENEWAL OF A LIQUOR PERMIT AND TO REQUEST A HEARING BEFORE THE DIVISION OF LIQUOR CONTROL REGARDING A LIQUOR PERMIT RENEWAL FOR ‘’THREE AMIGOS RESTAURANT”, FORMERLY DOING BUSINESS AS ‘DON PATRON’ IN THE VILLAGE OF NEW ALBANY, OHIO


Council Member Fellows moved, Mayor Ferguson seconded and Council voted with seven yes votes to approve Resolution R-82-2010.

RESOLUTION R-83-2010

Council Member Spalding read by title A RESOLUTION TO AUTHORIZE THE ADMINISTRATOR TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT ON BEHALF OF THE VILLAGE OF NEW ALBANY, OHIO WITH THE FIRM OF DSA ARCHITECTS, INC. TO PROVIDE BACKUP COMMERCIAL AND RESIDENTIAL PLAN EXAMINATION SERVICES TO THE VILLAGE


Mayor Ferguson moved, Council Member Pleasnick seconded and Council voted with seven yes votes to approve Resolution R-83-2010.
RESOLUTION R-84-2010

Council Member Marsh read by title A RESOLUTION TO REVIEW THE VILLAGE’S EMPLOYMENT AGREEMENT WITH THE VILLAGE ADMINISTRATOR


Mayor Ferguson moved, Council Member Wolfe seconded and Council voted with seven yes votes to approve Resolution R-84-2010.

RESOLUTION R-85-2010

Mayor Ferguson read by title A RESOLUTION TO AUTHORIZE THE ADMINISTRATOR TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT ON BEHALF OF THE VILLAGE OF NEW ALBANY, OHIO WITH THE FIRM OF NAU & BULLOCK ARCHITECTS, LTD. TO PROVIDE ARCHITECTURAL CONSULTING SERVICES TO THE VILLAGE


Council Member Briscoe moved, Council Member Wolfe seconded and Council voted with seven yes votes to approve Resolution R-85-2010.

OTHER BUSINESS:


Mayor Ferguson said Craig Mohre approached her and asked if there could be something in the Village that could be named after the Ryan Family, who were being honored at “Remarkable Evening”. After receiving input from all Council members it was suggested that we name Ryan’s Grove which is between two projects that they had a hand in. They made a significant contribution to the Village for restoration to the Phelps House and they also made a significant contribution to the Arts Center. She said everyone was in agreement that we should name that grove of trees after the Ryans.
Council Member Pleasnick moved, Council Member Briscoe seconded and Council voted unanimously to name the grove of trees situated between the Phelps House and the Arts Center ‘Ryan’s Grove.
Mayor Ferguson polled Council on their wishes to schedule a second meeting in December and whether to schedule the first meeting January on Tuesday, January 4th the same evening of the Ohio State Sugar Bowl game. After discussion, it was decided not to have a second meeting in December and to schedule the first meeting 2011 on January 11th.
Mayor Ferguson moved, Council Member Wolfe seconded and Council voted with seven yes votes to approve changing the first meeting in 2011 to January 11, 2011 at 6:30 pm.
An Organizational meeting will be held at 6:15, prior to the Regular meeting on January 11th 2011.

STANDING COMMITTEE REPORTS:


  1. Finance Committee-No report.




  1. Safety Committee- No report.



  1. Public Utilities- No report.




  1. Service and Public Facilities Committee-No report.




  1. Planning and Economic Development Committee-No report.



  1. Administration Committee- No report.

G. Recreation Center-No report.


REPORTS OF REPRESENTATIVES:


  1. Council Representative to MORPC- There will be a reception for newly elected officials and County Commissioners that is being sponsored by MORPC and in cooperation with MODE on December 9th at the Capital Club.

Columbus and Arlington Va. were the only communities to receive grants for emergency evacuation plans, and were recognized for that.


MORPC had received grants totaling more that $250,000,000 applied for, for various projects.
MORPC is looking for assistance in the amount of $30,000, to help with advertising and marketing for an economic development convention they are sponsoring. Joe said he hasn’t determined if it is an economic development opportunity for New Albany, and how much opportunity we could derive from this participation.


  1. Representative to Plain Local Schools-The board has named their new Superintendent. They chose April Domine as the new Superintendent of Schools.. .




  1. Council representative to Plain Township- The Fire Department has added three now firemen, and soon will take delivery of their new fire truck.

The Township Trustees have installed their new architectural fence at the Cemetery.


Council Member Fellows said speaking of cemeteries and fences. The Village has a cemetery that needs a fence. It is a rusty and dilapidated and looks awful.
The Mayor said we do need to put that on our list of projects.

REPORTS OF VILLAGE OFFICIALS:


  1. Mayor-The Mayor’s Court report showed a deposit to the Village in the amount of $8,601.52 for the month of November, 2010.




  1. Clerk of Council- No report.




  1. Finance Director-No report.




  1. Administrator- No report.

E. Village Attorney- no report.


POLL FOR PUBLIC COMMENT:


NONE

POLL FOR COUNCIL COMMENT:


NONE
EXECUTIVE SESSION:

Mayor Ferguson moved, Council Member Briscoe seconded and Council voted with seven yes votes to go into Executive Session pursuant to Ohio Revised Code 121.22 (G) (1), with the possibility of taking action afterwards.


EXECUTIVE SESSION
Council Member Fellows moved, Council Member Briscoe seconded and Council voted with seven yes votes to exit the Executive Session.
Council Member Fellows moved, Council Member Pleasnick seconded and Council voted with seven yes votes to appoint Jerry Bahlmann to the CIC and Joe King to the Planning Commission.

ADJOURNMENT:


With no further comments and all scheduled matters attended to, Mayor Ferguson moved and Council Member Briscoe seconded to adjourn the December 7, 2010 regular Council meeting .

ATTEST:

_________________________ _____________________ _________



Betty J. Bosko, Clerk of Council Nancy I. Ferguson, Mayor Date





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