VILLAGE OF NEW ALBANY COUNCIL MEETING MINUTES
July 6, 2010
CALL TO ORDER:
Mayor Ferguson called to order the Council Meeting of July 6, 2010 at 6:30 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 Development
Director Kathryn Meyer, Public Service Department Director Mark Nemec, Police Chief Mark Cheney,
Finance Director Jamie Nicholson, Public Information Officer Scott McAfee, Law Director Mitchell
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
P
A
Mayor Ferguson moved, Council Member Fellows seconded and Council voted with five yes to excuse
Council Members Briscoe and Wolfe from this evening’s meeting.
ACTION ON MINUTES:
June 15, 2010 Regular meeting:
Council Member Marsh noted that Mayor Ferguson was absent from the meeting but was credited with
leading the assemblage in the Pledge of Allegiance. He moved to amend by removing Mayor Ferguson’s
name and replacing with President Pro Tem Marsh in that sentence. Mayor Ferguson seconded and
Council voted with four yes and one abstention (Fellows) to amend the minutes of June 15, by correcting the
typographical error mentioned above.
June 15, 2010 as amended:
Mayor Ferguson moved, Council Member Marsh seconded and Council voted with three yes and two
abstentions (Ferguson and Fellows) to approve the June 15 minutes as amended. The motion failed due to
lack of a majority (four needed). The amended minutes will be presented at the next meeting.
ADDITIONS OR CORRECTIONS TO THE AGENDA:
NONE
HEARING OF VISITORS:
NONE
BOARD AND COMMISSION REPORTS:
PLANNING COMMISSION: No report.
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VILLAGE OF NEW ALBANY COUNCIL MEETING MINUTES
July 6, 2010
PARKS AND TRAILS ADVISORY BOARD: No meeting.
ARB: No meeting.
BZA: The Board met and Council Member Spalding reported that there were two items. The family that
purchased the former sports camp on the west side of 605, are taking down the house and refurbishing the
barn and asked for a variance for the side yard. The variance couldn’t be approved so the owners are going
back to talk to the architect and the neighbors about purchasing additional land.
They also had a preview of some of the potential zoning changes that might come out of the land that is
being annexed from Licking County
BOARD OF CONSTRUCTION APPEALS: No report.
ECONOMIC DEVELOPMENT COMMISSION: The board did meet according to the Mayor and there will be
references later in the meeting about what they decided.
RECORDS COMMISSION: Has not met.
CORRESPONDENCE AND COMMUNICATIONS:
Mayor Ferguson said there was communication from the residents of Windsor about their concern
for a crosswalk going from Windsor over to the 2-5 elementary school. It is in our budget this year.
SECOND READING AND PUBLIC HEARING OF ORDINANCES:
ORDINANCE O-21-2010
Mayor Ferguson read by title AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE VILLAGE
OF NEW ALBANY BY AMENDING THE ZONING MAP TO REZONE 111.74+/- ACRES OF LAND
GENERALLY LOCATED ON THE WEST SIDE OF NEW ALBANY CONDIT ROAD (SR 605) AND NORTH
OF NEW ALBANY ROAD EAST FROM ITS CURRENT ZONING OF “AG” AGRICULTURAL DISTRICT
AND “OCD” OFFICE CAMPUS DISTRICT, TO “L-GE” LIMITED GENERAL EMPLOYMENT DISTRICT, AS
REQUESTED BY THE NEW ALBANY COMPANY
Deputy Development Director Kathryn Meyer explained that this is at the corner of 605 and Schleppi Road.
She said that there are still a few things that need to be worked out and asked for this Ordinance to be
tabled until the next meeting.
Ben Hale Jr. Esq. of Smith and Hale, spoke on the history of this property and the projected use as the
technology and information district starts to develop more fully. He mentioned that the Smart Growth
Coalition group identified this area as better suited for commercial than the residential district it was zoned
at the time. He explained the set back standards and the landscaping possibilities for the site. He said that
typically at the Accord (RFBA) if your score is about 70 you get approved. Ben said our score was 91.6, a
very good score.
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VILLAGE OF NEW ALBANY COUNCIL MEETING MINUTES
July 6, 2010
He continued by saying there are some minor changes in the text that didn’t get changed due to the holiday
so he requested Council to table this so that it can come back completely clean and perfect for the voting.
Council Member Pleasnick said the impact of this area being rezoned has a significant (positive) impact on
the school district.
Mayor Ferguson opened the Public Hearing since this was advertised as a Public Hearing. Hearing no
comments or questions from the public, she closed the Public Hearing.
Council Member Marsh moved, Council Member Fellows seconded and Council moved to table Ordinance
O-21-2010 until the July 20th meeting.
ORDINANCE O-22-2010
Mayor Ferguson read by title AN ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR
CURRENT EXPENSES AND OTHER EXPENDITURES DURING THE FISCAL YEAR ENDING
DECEMBER 31, 2010
Finance Director Nicholson said he has amended this slightly, as indicated we have received the
$2,000,000.00 grant from the Ohio Department of Development for infrastructure improvements in the
Business Park East. In addition we also received $150,000.00 grant for infrastructure in the Nationwide
project and $250,000.00 for TJX project. In section 5, we have completed the analysis of the 2009 revenue
sharing for Licking County, and we need to make those payments.
Mayor Ferguson opened the Public Hearing on Ordinance O-22-2010. Hearing no comments or questions,
she closed the Public Hearing.
Mayor Ferguson moved, Council Member Pleasnick seconded and Council voted with five yes to approve
Ordinance O-22-2010.
INTRODUCTION AND FIRST READING OF ORDINANCES:
ORDINANCE O-23-2010
Mayor Ferguson read by title AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE VILLAGE
OF NEW ALBANY BY AMENDING THE ZONING MAP TO REZONE 359.95+/- ACRES OF LAND
GENERALLY LOCATED WITHIN THE NORTHWEST AND NORTHEAST QUADRANTS OF THE STATE
ROUTE 161 AND BEECH ROAD INTERSECTION, FROM ITS CURRENT ZONING OF “AG”
AGRICULTURAL, “I-PUD” INFILL PLANNED UNIT DEVELOPMENT AND “L-GE” LIMITED GENERAL
EMPLOYMENT TO “I-PUD” INFILL PLANNED UNIT DEVELOPMENT AND “L-GE” LIMITED GENERAL
EMPLOYMENT, AS REQUESTED BY THE NEW ALBANY COMPANY
Mayor Ferguson referred this ordinance to the Planning Commission and scheduled it for Second Reading
and Public Hearing on July 20, 2010.
ORDINANCE O-24-2010
Mayor Ferguson read by title AN ORDINANCE TO DECLARE THE IMPROVEMENT TO 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
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VILLAGE OF NEW ALBANY COUNCIL MEETING MINUTES
July 6, 2010
TO MAKE SERVICE PAYMENTS IN LIEU OF TAXES, PROVIDE FOR THE DISTRIBUTION OF THE
APPLICABLE PORTION OF THOSE SERVICE PAYMENTS TO THE JOHNSTOWN-MONROE SCHOOL
DISTRICT, ESTABLISH A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND
FOR THE DEPOSIT OF THE REMAINDER OF THOSE SERVICE PAYMENTS, SPECIFY THE PARCELS,
AND APPROVE AND AUTHORIZE THE EXECUTION OF ONE OR MORE TAX INCREMENT FINANCING
AGREEMENTS
Mayor Ferguson scheduled this ordinance for Second Reading and Public Hearing on July 20, 2010.
ORDINANCE O-25-2010
Mayor Ferguson read by title AN ORDINANCE TO ACCEPT SANITARY SEWER AND WATERLINE
IMPROVEMENTS AND APPURTENANCES THERETO FOR NEW ALBANY COUNTRY CLUB’S
BALFOUR GREEN AS REQUESTED BY THE NEW ALBANY COMPANY
Mayor Ferguson scheduled this ordinance for Second Reading and Public Hearing on July 20, 2010.
RESOLUTIONS:
RESOLUTION R-34-2010 from the table
Mayor Ferguson read by title A RESOLUTION TO AUTHORIZE THE ADMINISTRATOR TO EXECUTE A
SUPPLEMENTAL EASEMENT TO THE OHIO POWER COMPANY TO ALLOW FOR THE INSTALLATION
OF A CELLULAR ANTENNA AND GROUND COMMUNICATION FACILITIES ON AND AT AN EXISTING
ELECTRIC TRANSMISSION TOWER LOCATED ON VILLAGE PROPERTY ADJACENT TO JAMES
RIVER ROAD
This resolution was tabled when it was introduced in June so that further facts and more accurate photos
could be obtained.
Mayor Ferguson introduced Brian Zets, Esq. representing T-Mobil, who showed pictures of the tower with
the proposed antennas, (this showing nine antennas) and ground screening such as landscaping or
proposed fencing. He reviewed the areas of other towers and their projected coverage, explaining that none
of them would provide the coverage that T-Mobil now provides. He explained some of the towers within the
area are not feasible due to the practice of AEP to not allow more than one carrier per tower. They know
the location of each of their customers and they know where the coverage needs to be, and approximately
85% of their customers will be served by this location. He also explained that as for the suggestion that TMobil locate their own tower on non residential land by saying there is no open land on which to build a new
tower within the area of need.
Brian introduced John Kopf, Nadir Elfadli, Michael Gerdes, and David Nielsen representing T-Mobil.
Michael Gerdes went into deeper detail showing illustrations of the coverage that would be available with
each antenna location in the village.
Several residents of the area surrounding the tower were in attendance and submitted speaker cards. All of
the residents present were in opposition to adding the antennas to the existing tower.
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VILLAGE OF NEW ALBANY COUNCIL MEETING MINUTES
July 6, 2010
Mr. Francis Strahler, 4186 James River Road, New Albany, said the towers are to be put in non residential
areas, and the park is not an appropriate place for the antennas. He said there are a lot of commercial areas
to locate a tower in. He showed photos of towers with antennas in other communities. He said these
photos that T-Mobil is showing this evening are different from all the other drawings they have shown in the
past.
Mr. Rich Robbertz, 6056 Wilton House Court, New Albany, said he was glad to be here to this evening to
discuss this visible topic, and has been going on for over six months in different formats. He said from the
local meetings and emails there is a very large section of New Albany who support the opposition of this
proposal. We know that the code calls out for this not to be in a residential neighborhood and clearly it is.
Throughout the many iterations of this discussion the size of the structure and the number of the antennas
changed. He asked Council to be very diligent in understanding what is in the code. It is our responsibility to
protect the nature of our town, our residential neighborhoods and that (responsibility) lies in this room.
JoAnn Barrett, 6044 Wilton House Court, New Albany, said she is very troubled because she will have to
look at the antennas. She said she has been to three meetings and every meeting there is different
information about what this is going to look like. She has seen charts with different colors indicating
coverage, and we do not have experts on our side to challenge T-Mobil. This is not fair. T-Mobil has not
shown me that building the tower from the ground up will not work. She said she thinks they only want to
use that tower because it is in their best interest and we don’t have any expert here to challenge that. She
said her other concern is that with technology it won’t be very long until these towers are obsolete and then
who is going to take them down?
Susan Dewell Crassaerts, 4166 James River Road, New Albany, said she doesn’t think that anyone is
suggesting that the tower shouldn’t be shared. She said the problem with the proposal is that the information
shared at each meeting is different. What is it that they are actually going to do. Are they going to
implement the last version that we saw or are they going to implement the next version that we haven’t
seen. The problem with the proposal is that it is a residential area, and it is right in people’s back yard, it is
right in the park where children play. She said when you look at New Albany, she doesn’t think anyone
thought this is what they were signing up for when we moved here. She said there are commercial areas
that have not been seriously considered, as well as putting higher towers in commercial areas. She
encouraged Council to say no to this location but to say yes to an appropriation commercial location or a
combination of locations that would still meet their needs.
Cherie Nelson, 6682 Wilton House Court, New Albany, said it is important to remember that T-Mobil wasn’t
forced off of their existing tower; it was a voluntary business decision. She reminded Council again that the
choice to give up the tower that T-Mobil previously used was a choice they made themselves. Now the
burden is upon us and all of you (Council) and now it is our problem.
Brian Zets, representing T-Mobil said these drawings haven’t changed since April and everyone has known
exactly what the tower was going to look like and what the landscaping was going to be. He said T-Mobil
has exhausted all their options, there isn’t an area within the Village that would be satisfactory to cover the
customers, there is huge differences in the coverage. T-Mobil is taking advantage of the technology as it
exists today, by co locating the tower. .
Brian said there are no alternate tower locations. There are no commercial areas within the village for a
tower. T-Mobil’s (plan) was not to cash in on this deal with the old tower, that tower was coming down. It
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VILLAGE OF NEW ALBANY COUNCIL MEETING MINUTES
July 6, 2010
was coming down before it falls down. The idea that this is some huge financial windfall for T-Mobil (is not
true).
Council Member Spalding inquired about the cost of putting the equipment on the tower and the additional
cost of using two locations.
He didn’t get a definitive answer except that one was very expensive and two would be very, very
expensive.
Council Member Fellows asked if they have checked into places that they could put up a monopole.
Mr. Zets told Chip that they have exhausted those efforts and were unsuccessful. They would have to find
an area that zoning allowed it and then they would have to find a landowner that would allow it.
Council Member Spalding added that the code stresses collocations; you can’t just put up a monopole
anywhere you choose.
Mayor Ferguson said personally she feels that any decision that Council or the Village makes to give away
their easements, to sign over an easement to a third party to use land of the Village has to be done for a
very good reason. She said she thinks it has to be an important reason that is important to our residents and
serves a meaningful purpose. She continued “And in this case, I just don’t see a compelling interest to grant
an easement to T-Mobil, so I would not support the resolution as proposed.”
Council Member Fellows said he would agree with Mr. Robbertz and Mrs. Crassaerts that the Village has a
brand that we want to protect. The residents have paid a great deal of money for their properties; they live
in a beautiful neighborhood. We need to maintain the quality of our neighborhoods and the esthetics of our
community. He said he wants T-Mobil and all businesses to be successful, but we also have beautiful
neighborhoods here in New Albany that we need to maintain, that quality of life that folks moved to New
Albany for. He said in that respect, he will not favor a tower in the center of a residential neighborhood. He
said he thought they would get adequate coverage on tower three if that is available.
Council Member Spalding thanked all the residents that came out to all the meetings, and said this has been
a good experience knowing that residents care about these issues and come out and express their passion
about them.
Sloan also thanked T-Mobil, saying their representatives have come in and made good presentations, have
been professional and answered our questions. He said there will be a solution; this one may not be the
one, where everyone will get done what they need to have accomplished.
Council Member Fellows moved, Mayor Ferguson seconded and Council voted with five no votes on the
motion to approve Resolution R-34-2010. The motion failed.
Mayor Ferguson commended Brian Zets for his presentations on behalf of T-Mobil. She said this is more
information than she has seen in previous meetings and he answered a lot of questions.
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VILLAGE OF NEW ALBANY COUNCIL MEETING MINUTES
July 6, 2010
RESOLUTION R-41-2010
Mayor Ferguson read by title A RESOLUTION TO AMEND THE OAK GROVE II COMMUNITY
REINVESTMENT AREA CONSISTING OF APPROXIMATELY 180.86 ACRES, DESIGNATING A
HOUSING OFFICER AND CREATING A COMMUNITY REINVESTMENT AREA HOUSING COUNCIL AND
TAX INCENTIVE REVIEW COUNCIL
Council Member Pleasnick moved, Council Member Spalding seconded and Council voted with five yes
votes to approve Resolution R-41-02010.
RESOLUTION R-42-2010
Mayor Ferguson read by title A RESOLUTION TO AMEND THE CENTRAL COLLEGE REINVESTMENT
AREA CONSISTING OF 92.7 ACRES, DESIGNATING A HOUSING OFFICER AND CREATING A
COMMUNITY REINVESTMENT AREA HOUSING COUNCIL AND TAX INCENTIVE REVIEW COUNCIL .
Mayor Ferguson moved, Council Member Pleasnick seconded and Council voted with five yes votes to
approve Resolution R-42-2010.
RESOLUTION R-43-2010
Mayor Ferguson read by title A RESOLUTION, TO APPROVE AND AUTHORIZE THE VILLAGE
ADMINISTRATOR TO ENTER INTO AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH
SORENSEN & SORENSEN OPTOMETRISTS
Council Member Pleasnick moved, Council Member Spalding seconded and Council voted with five yes
votes to approve Resolution R-43-2010.
OTHER BUSINESS:
STAFF UPDATE TO COUNCIL: Public Information Officer Scott McAfee reported on the progress of the
construction and plans for the 2010 BIA Parade of Homes at Ackerly Park.
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- Council Member Fellows informed Council that Shane Berry has resigned
his position on the Joint Park District, and Mark Workman has accepted a position in another state and
has resigned his position on the ARB. It was decided that applications for those two positions will be
accepted by the Clerk of Council until July 16th.
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VILLAGE OF NEW ALBANY COUNCIL MEETING MINUTES
July 6, 2010
Council Member Fellows asked for an Executive Session for the July 20th meeting to discuss the
applications.
G. Recreation Center-No report.
REPORTS OF REPRESENTATIVES:
A. Council Representative to MORPC-Reporting for the Administrator, Ms. Mecozzi said MORPC has
received their audit and it was good.
B. Council Representative to Plain Local Schools- No report.
C. Council representative to Plain Township- No report.
REPORTS OF VILLAGE OFFICIALS:
A. Mayor- The Mayor’s Court report showed a deposit to the Village in the amount of $10,783.91 for the
month of June.
B. Clerk of Council- No report.
C. Finance Director- No report.
D. Administrator- Mr. Stefanov said we have received numerous complaints from residents about
construction traffic parked on both sides of the road in the Links and the danger of accidents it presents.
Mr. Stefanov said he has spoken to the Construction foreman and there will be a noticeable
improvement shortly. They are working double and triple crews right now but in the meantime, other
parking arrangements will be made.
E. Village Attorney- No report.
POLL FOR PUBLIC COMMENT:
NONE
POLL FOR COUNCIL COMMENT:
NONE
ADJOURNMENT:
With no further comments and all scheduled matters attended to, Mayor Ferguson moved and Council
Member Marsh seconded to adjourn the July 6, 2010 regular Council meeting at 9:05. p.m.
ATTEST:
_________________________
Betty J. Bosko, Clerk of Council
_____________________
Nancy I. Ferguson, Mayor
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Date