NEW ALBANY CITY COUNCIL MEETING MINUTES
March 4, 2014
‘CALL TO ORDER:
Mayor Ferguson called to order the New Albany City Council Meeting of March 4, 2014 at 6:30 p.m. at Village Hall, 99 West Main
Street, New Albany, Ohio. Attending were City Manager Joseph Stefanov, Deputy City Manager Debra Mecozzi, Community
Development Director Jennifer Chrysler, Public Service Director Mark Nemec, Finance Director Chad Fuller, Police Chief Greg
Jones, Public Information Officer Scott McAfee, City Law Director Mitchell Banchefsky, City Engineer Edward 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 Michael Mott
CM Steve Pleasnick
CM Sloan Spalding
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ACTION ON MINUTES:
February 18, 2014: Council Member Pleasnick moved, Council Member Spalding seconded and Council voted with six yes and
one abstention (Briscoe) to approve the minutes from the February 18th, regular meeting.
ADDITIONS OR CORRECTIONS TO THE AGENDA:
NONE
HEARING OF VISITORS:
Mayor Ferguson introduced Ashley Minnick and read a proclamation declaring March as Athletic Trainers Month in New Albany.
Hans Schell, representing the Community Events Board requested council to consider a grant in the amount of $35,000 for the
2014 CEB activities. He said they exceeded their budget in 2013 but had a surplus in their account and also received a $5,000
donation Mt. Carmel.
BOARDS AND COMMISSIONS:
PLANNING COMMISSION: Council Member Briscoe said they had their Organizational meeting.
PARKS AND TRAILS ADVISORY BOARD: Council Member Pleasnick said the PTAB had their Organizational meeting as well as
review of the Strategic Plan. The Board elected Char Steelman as Chair, George Stribick Vice Chair and Frank Korth as
secretary.
ARB: Next meeting is scheduled for the 10th of March.
BZA: No meeting.
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NEW ALBANY CITY COUNCIL MEETING MINUTES
March 4, 2014
BOARD OF CONSTRUCTION APPEALS: No meeting.
ECONOMIC DEVELOPMENT COMMISSION: No meeting.
RECORDS COMMISSION: No meeting.
CORRESPONDENCE AND COMMUNICATIONS:
Mayor Ferguson reported communication from Bill Dorman who has resigned to take the position as Service Director at Bexley.
The Mayor said she sent him a note and he sent a nice thank you note in return.
SECOND READING AND PUBLIC HEARING OF ORDINANCES:
ORDINANCE O-04-2014
Mayor Ferguson read by title AN ORDINANCE TO FACILITATE THE ADJUSTMENT OF THE BOUNDARIES BETWEEN THE
CITY OF NEW ALBANY AND THE CITY OF COLUMBUS BY CONSENTING TO TRANSFER FROM THE CITY OF COLUMBUS
TO THE CITY OF NEW ALBANY TWO REAL ESTATE PARCELS TOTALING APPROXIMATELY 0.74 ACES LOCATED IN THE
VICINITY OF THOMPSON ROAD AND ROCKY FORK CREEK
Mayor Ferguson opened the Public Hearing on this ordinance. Hearing no comments or questions from the public, she closed the Public
Hearing.
Council Member Pleasnick moved, Council Member Mott seconded and Council voted with seven yes votes to approve Ordinance O-042014.
ORDINANCE O-05-2014
Mayor Ferguson read by title AN ORDINANCE TO AMEND THE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER
EXPENDITURES DURING THE FISCAL YEAR ENDING DECEMBER 31, 2014
Mayor Ferguson opened the Public Hearing on this ordinance. Hearing no comments or questions from the Public, she closed the Public
Hearing
Council Member Pleasnick moved Council Member Marsh seconded and Council voted with seven yes votes to approve Ordinance O05, 2014.
INTRODUCTION AND FIRST READING OF ORDINANCES:
ORDINANCE O-06-2014
Mayor Ferguson read by title AN ORDINANCES TO REPEAL CHAPTER 1178 OF THE NEW ALBANY CODIFIED
ORDINANCES ENTITLED “RIGHTS-OF-WAY” IN ITS ENTIRETY AND ENACT NEW CHAPTER 907 OF THE NEW ALBANY
CODIFIED ORDINANCES ENTITLED “RIGHTS-OF-WAY” TO CREATE A COMPREHENSIVE RIGHT-OF-WAY MANAGEMENT
AND CONTROL ORDINANCE WITHIN THE CITY OF NEW ALBANY, OHIO
Council Member Spalding thanked Mr. Banchefsky for his work in crafting this ordinance.
Mayor Ferguson scheduled this ordinance for Second Reading and Public Hearing on March 18th.
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NEW ALBANY CITY COUNCIL MEETING MINUTES
March 4, 2014
ORDINANCE O-07-2014
Mayor Ferguson read by title AN ORDINANCE AMENDING VARIOUS PROVISIONS OF THE CITY OF NEW ALBANY
CODIFIED ORDINANCES RELATED TO FIREARMS IN ORDER TO COMPLY WITH THE OHIO REVISED CODE AND
RELATED CASE LAW
Mr. Banchefsky told Council that the State Legislature has passed legislation limiting home rule authority. He said we are
prohibited now from regulating people carrying weapons (firearms) into public parks. The state statutes provide that we cannot
limit that, and this is a uniform application throughout the state. Municipalities that have not amended their ordinances to comply
or have attempted to pass legislation contrary, are cited the 2nd amendment. The city of Oberlin is now in litigation for a very
minor change that they made in their ordinances. It had been pointed out that our ordinances are not in compliance, and now
seems the appropriate time to amend out legislation to be in compliance with the state level.
Mayor Ferguson scheduled this ordinance for Second Reading and Public Hearing on March 18th.
RESOLUTIONS
RESOLUTION R-02-2014 tabled from 2/18/14 meeting
Mayor Ferguson read by title A RESOLUTION TO APPROVE THE FINAL PLAT FOR WOLCOTT MANOR AT NEW ALBANY
SECTION 2, AS REQUESTED BY EMH&T
Mr. Banchefsky said this is a Final Plat, and at the introduction the Mayor pointed out there didn’t seem to be the language by
the zoning text that limited this to senior housing by a certain percentage. That caused staff to go back and look to see what
the oversight was. Language from the zoning text has been removed and it was turned into a set of deed restrictions that
matches precisely.
Mr. Banchefsky said we will be asking for the following conditions of approval:
1. That the Declaration of Covenants and Restrictions be properly executed and recorded prior to the City’s release of
the plat; and
2. That the property owner shall provide the City with any information reasonably required by the City to evaluate
compliance with the Declaration of Covenants and Restrictions, including but not limited to rental
applications/agreements/leases.
Mayor Ferguson moved to include those conditions of approval as stated above by Mr. Banchefsky, Council Member Briscoe
seconded and Council voted with seven six yes votes to approve this Resolution with the conditions so stated above by Mr.
Banchefsky.
RESOLUTION R-16-2014
Mayor Ferguson read by title A RESOLUTION TO APPROVE A FEE IN LIEU OF SIDEWALK CONSTRUCTION FOR
THE PARCEL KNOWN AS 222-000680 (6025 Kitzmiller Road) AS REQUESTED BY MEMMER HOMES
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NEW ALBANY CITY COUNCIL MEETING MINUTES
March 4, 2014
Community Development Director Jennifer Chrysler informed Council that the applicant has requested that this
legislation be withdrawn from the agenda. They have decided to proceed with the sidewalk/leisure trail.
Council Member Briscoe moved, Council member Pleasnick seconded and Council voted with seven yes votes to table
Resolution R-16-2014 indefinitely.
RESOLUTION R-17-2014
Mayor Ferguson read by title A RESOLUTION TO APPROVE AN AGREEMENT AND AUTHORIZE THE CITY
MANAGER TO SIGN THE AGREEMENT WITH DISTRIBUTION LAND CORP (AN AFFILIATE OF INTIMATE
BRANDS HOLDINGS, LLC) TO PROVIDE INCENTIVES AVAILABLE FOR PROJECT DEVELOPMENT ON THE OAK
GROVE II COMMUNITY REINVESTMENT AREA
Council Member Pleasnick moved, Council Member Spalding seconded and Council voted with six yes votes to
approve Resolution R-17-2014.
OTHER BUSINESS:
 APPOINT TO McCOY CENTER BOARD: Council Member Pleasnick moved and Mayor Ferguson seconded to appoint
the Board’s recommendation, Tom Hill to the McCoy Arts Center to fill the seat vacated by the resignation of our representative
Nick Roger. Council voted with seven yes votes to approve the appointment of Tom Hill to the board.
Mayor Ferguson said she asked for a representative of the Board to come in to Council to give a report on the McCoy Center
activities and said that will happen at a meeting soon.
 Mayor Ferguson made a motion to ask our staff to give an annual report, in October or November on how many students
are coming from the age restricted housing or areas that are age targeted each year and how that relates to our zoning.
Council Members related how valuable the reports that were done by Mr. Pleasnick when he contracted with the school to
prepare that information.
Council Member Marsh seconded and Council voted with seven yes votes to approve the motion to request an annual report in
October or November.
 Mayor Ferguson raised the question of having a few extra meetings (retreat-like) every year to focus on different areas.
Possibly to work on projects such as senior housing, Licking County development e.g. residential housing, or take a tour of the
different campuses in the City. She said she wanted Council’s opinion and wondered how they feel about it.
Council Member Briscoe said her only reservation was that our staff is very busy. She said the meetings need to be about
something we can actually do something about, and be really focused, because it is a lot of work for staff to have a workshop.
She said “Right now we are working on the Strategic Plan which is a big deal. We need to be careful that we don’t just make a lot
of extra work for staff, particularly in Economic Development because they are pretty busy right now”. She said she feels she can
come in and ask any question of any member of staff.
Council Member Mott said he agreed and if there is any Council member that thinks we need to have a workshop, they should
bring it up during a regular meeting.
Council Member Briscoe said if we did it here (at Village Hall) staff could give their reports and then get back to their business.
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NEW ALBANY CITY COUNCIL MEETING MINUTES
March 4, 2014
The Mayor asked if we could do it during the evening, or would Council be amenable to days. She asked Council to submit ideas
to her for topics and she would be the collector of the ideas.
 Council Member Fellows asked if (Council) will have a liaison to Healthy New Albany. Mayor Ferguson said maybe we
could talk to Phil Heit and ask if we could be an ex-officio member.
 GRANTS AND NON-PROFITS: Mayor Ferguson said Sloan, Chip and she met and discussed the City grants to be
distributed to the Non-profits who have applied. The report was submitted to all Council Members. She quoted the suggested
amounts, totaling $103,000.
Council Member Briscoe said she read the report submitted by the Mayor earlier and thinks they should approve the
recommendations. She went on to say that if the Community Events Board needs $34,000 to do two events and comes back and
says they need $20,000 to do another event, her suggestion would be to ask and Council may consider it later. Ms. Briscoe also
said what concerns her is that all of the other non-profits raise money on their own and what she is hearing from the Community
Events board is they do not. She also said they do a great job and she is ready to vote to accept the budget as suggested in the
report this evening.
After much more discussion, Council Member Briscoe moved, Council Member Fellows seconded and Council voted with seven
yes votes to adopt the grant report of the sub-committee as written, except (we are) only allotting $20,000 to the Community
Events board, with the understanding that Council may revisit it later
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.
REPORTS OF REPRESENTATIVES:
A. Council Representative to MORPC: No report
B. 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 of $2,993.00 to the City of New Albany for the month of February, 2014.
Mayor Ferguson said there is a Mayor’s Court report in everyone’s mailbox.
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NEW ALBANY CITY COUNCIL MEETING MINUTES
March 4, 2014
B. Clerk of Council-No report
C.
Finance Director- No report
D. City Manager- No report
E. City Attorney – Mr. Banchefsky introduced Yaz Ashwari, a new associate with his firm.
Mr. Banchefsky reminded Council that the Attorney General has determined that every term, each council member is
required to do three hours of public records training. Council may designate a person to go in their place. He asked for a
motion to designate a person to take this training on behalf of the Council members.
Mayor Ferguson moved to appoint Clerk of Council Betty Bosko (who has been attending in the past) as the designee to take
the Public Records training for each council member. Council Member Briscoe seconded and Council voted with seven yes
votes to appoint Betty as the designee to take the training required by the Attorney General’s office.
POLL FOR PUBLIC COMMENT:
NONE
POLL FOR COUNCIL COMMENT:
Mayor Ferguson said she has received many compliments from the residents regarding our snow removal. She said one woman
even wanted to bake cookies for all the workers who are responsible. The Mayor said she frequently drives through the Columbus
section of our school district and also in Upper Arlington and Bexley and our snow removal process is so superior to every other
suburb. She told Public Service Director Mark Nemec to pass along our thanks to his crew, who in some cases worked all night
long.
Council Member Briscoe thanked them for preserving her mailbox this year.
EXECUTIVE SESSION:
Mayor Ferguson moved, Council Member Mott seconded and Council voted with six yes votes to go into Executive Session
pursuant to Ohio Revised Code (ORC.) 121.22 (G)(1) for appointment, employment, promotion or compensation, discipline,
demotion or dismissal, and Pursuant to New Albany Charter Section 4.03(E) for economic development.
Mayor Ferguson moved, Council Member Fellows seconded and Council voted with seven yes votes to go into Executive Session
Mayor Ferguson moved, Council Member Briscoe seconded and Council voted with seven yes votes to come out of Executive
Session
ADJOURNMENT:
With no further comments and all scheduled matters attended to Mayor Ferguson moved, and Council Member Fellows seconded
to adjourn the March 4th, 2014 Regular Council meeting at 9:30 p.m.
ATTEST:
_________________________
Betty J. Bosko, CMC
_____________________
Nancy I. Ferguson, Mayor
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