VILLAGE OF NEW ALBANY COUNCIL MEETING MINUTES February 15, 2011 CALL TO ORDER: Mayor Ferguson called to order the Council Meeting of February 15, 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, 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 CM Colleen Briscoe CM Chip Fellows CM Glyde Marsh CM Steve Pleasnick CM Sloan Spalding CM Chris Wolfe P A P P P A P Mayor Ferguson moved, Council Member Pleasnick seconded and Council voted with five yes votes to excuse Council Member Briscoe and Council Member Spalding from this evenings meeting. ACTION ON MINUTES: January 11, 2011 Organizational meeting: Mayor Ferguson moved, Council Member Fellows seconded and Council voted with five yes votes to approve the minutes of the January 11, 2011 Organizational meeting. January 11, 2011 Regular meeting: Mayor Ferguson moved, Council Member Pleasnick seconded and Council voted with five yes votes to approve the minutes of the January 11, 2011 Regular Meeting February 1, 2011 Regular meeting: Mayor Ferguson moved, Council Member Marsh seconded and Council voted with five yes votes to approve the minutes of the February 1, 2011 regular meeting. ADDITIONS OR CORRECTIONS TO THE AGENDA: NONE HEARING OF VISITORS: New Albany School Superintendent April Domine was introduced and welcomed by Mayor Ferguson. Ms. Domine shared her goals and the efforts that have been made to meet the residents of the school district. BOARD AND COMMISSION REPORTS: PLANNING COMMISSION: No report. PARKS AND TRAILS ADVISORY BOARD: No report. 1 VILLAGE OF NEW ALBANY COUNCIL MEETING MINUTES February 15, 2011 ARB: No report. BZA: No meeting. BOARD OF CONSTRUCTION APPEALS: No meeting. ECONOMIC DEVELOPMENT COMMISSION: No meeting. RECORDS COMMISSION: No meeting. CORRESPONDENCE AND COMMUNICATIONS: NONE SECOND READING AND PUBLIC HEARING OF ORDINANCES: ORDINANCE O-02-2011 Mayor Ferguson read by title AN ORDINANCE TO AMEND THE CODIFIED ORDINANCES OF THE VILLAGE OF NEW ALBANY CHAPTER 931 “PROTECTION OF STORM SEWERS”. 1181 “STORMWATER MANAGEMENT AND RUNOFF CONTROL “, AND 1183 “SOIL EROSION AND SEDIMENT POLLUTION” The Public Service Department staff has proposed amendments to comply with the village’s current National Pollution Discharge Elimination System Phase II Permit. Additional language incorporated into Chapter 1183 will allow the village to suggest more environmentally friendly or “green” technologies to be used where applicable. Mayor Ferguson opened the Public Hearing on this ordinance. Hearing no comments or questions, she closed the Public Hearing. Council Member Pleasnick moved, Council Member Wolfe seconded and Council voted with five yes votes to approve Ordinance O-02-2011. ORDINANCE O-03-2011 Mayor Ferguson read by title AN ORDINANCE TO DECLARE CERTAIN PARCELS OF REAL PROPERTY TO BE A PUBLIC PURPOSE, EXEMPT 100% OF THAT IMPROVEMENT FROM REAL PROPERTY TAXATION, REQUIRE THE OWNERS OF THOSE PARCELS TO MAKE SERVICE PAYMENTS IN LIEU OF TAXES, PROVIDE FOR THE DISTRIBUTION OF THE APPLICABLE PORTION OF THOSE SERVICE PAYMENTS TO THE JOHNSTOWN-MONROE LOCAL SCHOOL DISTRICT, ESTABLISH A FUND FOR THE DEPOSIT OF THE REMAINDER OF THOSE SERVICE PAYMENTS, SPECIFY THE PUBLIC INFRASTRUCTURE IMPROVEMENTS THAT DIRECTLY BENEFIT THOSE PARCELS, AND APPROVE AND AUTHORIZE THE EXECUTION OF ONE OR MORE TAX INCREMENT FINANCING AGREEMENTS This Ordinance is the final piece of legislation for the incentive program in the Business Park East. This area is the Johnstown Monroe School District; it is the 101+/- acres that the Village annexed, zoned and added to a CRA at the latter part of 2010. This is a housekeeping matter to pull that area into a TIF. It is expected that the income from the TIF will pay down the debt service to build the infrastructure in this portion of the business park. 2 VILLAGE OF NEW ALBANY COUNCIL MEETING MINUTES February 15, 2011 Mayor Ferguson opened the Public Hearing on this ordinance. Hearing no comments or questions, she closed the Public Hearing. Council Member Fellows moved, Council Member Wolfe seconded and Council voted with five yes votes to approve Ordinance O-03-2011. INTRODUCTION AND FIRST READING OF ORDINANCES: ORDINANCE O-04-2011 Mayor Ferguson read by title AN ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES DURING THE FISCAL YEAR ENDING DECEMBER 31, 2011, AND DECLARING IT AN EMERGENCY This is the First Reading and Public Hearing of the second supplemental appropriation of 2011. It is requested that this Ordinance be declared an emergency and waive the second reading and to be effective upon adoption this evening. The specific requests are an appropriation of $375,000. for the purpose of paying expenses associated with the installation of fiber in the Business Park East; the second request is an appropriation of $100,000. for paying the expenses associated with the construction of a greywater pump station in the Business Park East; the third appropriation of $6,500 is requested in order to pay design services for the creation of wayfinding signage in the medical office complex. Mayor Ferguson opened the Public Hearing on Ordinance O-04-2011. Hearing no comments or questions from the public, she closed the Public Hearing. Mayor Ferguson moved, Council Member Marsh seconded and Council voted with five yes votes to declare Ordinance O-04-2011 an emergency and to waive the Second Hearing. Council Member Marsh moved, Mayor Ferguson seconded and Council voted with five yes votes to approve Ordinance O-04-2011 as an emergency. RESOLUTIONS: RESOLUTION R-12-2011 Mayor Ferguson read by title A RESOLUTION TO APPROVE AND ADOPT THE VILLAGE CENTER STORMWATER MITIGATION STRATEGY, AS REQUESTED BY THE VILLAGE OF NEW ALBANY The Village Stormwater Mitigation Strategy is the culmination of hours of research and analysis over the past couple of years. The strategy will help to ensure that the vision for the restoration of the Rose Run Stream and greenway is realized by comprehensively dealing with the stormwater through the village center. This strategy will ensure that support and direction for sustainable development and infrastructure efforts are identified in order to help village staff utilize ‘green’ stormwater solutions. Mayor Ferguson moved, Council Member Pleasnick seconded and Council voted with five yes votes to approve Resolution R-12-2011. 3 VILLAGE OF NEW ALBANY COUNCIL MEETING MINUTES February 15, 2011 RESOLUTION R-13-2011 Mayor Ferguson read by title A RESOLUTION TO AUTHORIZE THE VILLAGE ADMINISTRATOR TO REQUEST AND ACCEPT THE SUM OF FOUR HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($475,000.00) FROM THE NEW ALBANY COMMUNITY AUTHORITY ECONOMIC DEVELOPMENT FUND FOR THE PAYMENT OF EXPENSES ASSOCIATED WITH THE INSTALLATION OF ADDITIONAL FIBER OPTIC CABLE AND THE CONSTRUCTION OF A GREYWATER PUMP STATION IN THE BUSINESS PARK EAST The Administrator is requesting this funding from the economic development fund for the purpose of constructing two key components of the Business Park East infrastructure. The fiber optic loop is required in order to provide businesses with access to high speed interned service. The second key component in the Business Park East is the fire suppression pump house, which is required to pressurize the fire suppression system. Mayor Ferguson said she wanted to emphasize that this money that we are requesting from the Economic Development Fund is Village money and has nothing to do with the money that the residents pay into the Authority. This is the Village’s money that is being held by the Authority as security to make sure that we pay for our infrastructure. This is the village money from income tax revenue that has been earmarked for infrastructure improvement. Council Member Pleasnick moved, Council Member Marsh seconded and Council voted with five yes votes to approve Resolution R-13-2011. RESOLUTION R-15-2011 Mayor Ferguson read-by title A RESOLUTION TO WAIVE THE COMPETITIVE BIDDING REQUIREMENT FOR THE CONSTRUCTION OF FIVER OPTIC NETWORK INFRASTRUCTURE THAT WILL SERVE THE PERSONAL CARE AND BEAUTY CAMPUS OF THE NEW ALBANY BUSINESS PART EAST The Administrator is requesting that the formal bid process for the construction of the fiber optic infrastructure be waived in order to permit the village to utilize its ongoing contractual agreement with AEP. The Village partnered with AEP to construct its fiber optic infrastructure at a fraction of the market cost. AEP continues to maintain the village system and will not assume responsibility for infrastructure maintenance unless it is involved in the construction. Mayor Ferguson moved, Council Member Marsh seconded and Council voted with five yes votes to approve Resolution R-15-2011. RESOLUTION R-16-2011 Mayor Ferguson read by title A RESOLUTION TO REJECT THE BIDS FOR THE NEW ALBANY BUSINESS PARK EAST FIRE PUMP HOUSE The Village solicited bids for the Business Park East Fire Pump House project. Three bids were received, however, two of the bids exceeded the Engineers estimate by more that 10% and the third 4 VILLAGE OF NEW ALBANY COUNCIL MEETING MINUTES February 15, 2011 bid was rescinded by the contractor due to a mathematical error. Per Codified Ordinance Section 123.16 the bids are unresponsive and must be rejected. Mayor Ferguson moved, Council Member Fellows seconded and Council voted with five yes votes to approve Resolution R-16-2011. RESOLUTION R-17-2011 Mayor Ferguson read by title A RESOLUTION TO WAIVE THE BID REQUIREMENTS FOR THE NEW ALBANY BUSINESS PARK EAST FIRE PUMP HOUSE AND AUTHORIZE THE VILLAGE ADMINISTRATOR TO NEGOTIATE AND EXECUTE ALL CONTRACTUAL AGREEMENTS NECESSARY TO FACILITATE ITS CONSTRUCTION The Fire Pump House is a critical component of the Business Park East fire suppression system. The Village solicited bids for the project. As noted in the previous Resolution R-16-2011, the bids were unresponsive and had to be rejected. A repeat of the formal bidding process would take approximately one month to complete. One of the businesses that committed to the business park must move into its building in June due to its current lease expiring. Should the village attempt to re-bid the fire pump house through the formal process it will be impossible to complete the project in time to meet the company’s June move-in deadline, causing significant financial hardship. Therefore, the Administrator is requesting that Council waive the formal bid requirement and authorize him to execute a contract with one of the three contractors who is determined to be most responsive by the staff. Council Member Marsh moved, Council Member Pleasnick seconded and Council voted with five yes votes to approve Resolution R-17-2011 OTHER BUSINESS: NONE STANDING COMMITTEE REPORTS: A. Finance Committee-No report. B. Safety Committee- No report. C. Public Utilities- No report. D. Service and Public Facilities Committee-No report. E. Planning and Economic Development Committee-No report. F. Administration Committee- No report. G. Recreation Center-Mayor Ferguson said the Recreation Center Exploratory Committee will be meeting on the 22nd of the month. 5 VILLAGE OF NEW ALBANY COUNCIL MEETING MINUTES February 15, 2011 REPORTS OF REPRESENTATIVES: A. Council Representative to MORPC- Administrator Stefanov said the big news is the publication of MORPC’S Public Policy Agenda. It is also available to download from the internet. B. Representative to Plain Local Schools-No report. C. Council representative to Plain Township- Dr. Marsh said the fire department lost one fire truck duE to an accident so if you see the City of Columbus ladder truck, it is because they are filling in. REPORTS OF VILLAGE OFFICIALS: A. Mayor-No report . B. Clerk of Council-No report. C. Finance Director-No report. D. Administrator- No report. E. Village Attorney- No report. POLL FOR PUBLIC COMMENT: NONE POLL FOR COUNCIL COMMENT: Mayor Ferguson said she received some good news today; all of the units in the Exchange have evidently been sold. Mayor Ferguson commended Community Development Director Jennifer Chrysler for her very hard work these last few weeks working with some new business prospects that would be a great opportunity for the Village. ADJOURNMENT: With no further comments and all scheduled matters attended to, Council Member Briscoe moved and Council Member Fellows seconded to adjourn the February 15, 2011 Regular Council meeting at 7:00. ATTEST: _________________________ Betty J. Bosko, Clerk of Council _____________________ Nancy I. Ferguson, Mayor 6 _________ Date