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THE COMMON COUNCIL OF THE CIVIL CITY OF NEW ALBANY, INDIANA, WILL HOLD A REGULAR COUNCIL MEETING IN THE THIRD FLOOR ASSEMBLY ROOM OF THE CITY/COUNTY BUILDING ON THURSDAY,MAY 19, 2011 AT 7:30 P.M.

The meeting of the New Albany City Council was called to order by President Jeff Gahan at 7:30 p.m.

MEMBERS PRESENT: Council Members Mr. Coffey, Mr. Caesar, Mr. Price, Mr. McLaughlin, Mrs. Benedetti Mr. Gonder, Mr. Messer, Mr. Zurschmiede and President Mr. Gahan.

ALSO PRESENT:Shane Gibson, Ed Wilkinson, Carl Malysz, Chief Todd Bailey, Chief Matt Juliot and Marcey Wisman.

INNVOCATION(if minister is present)

PLEDGE OF ALLEGIANCE:

ROLL CALL:

APPROVAL OR CORRECTION OF THE FOLLOWING MINUTES:

Mr. Price moved to approve the regular meeting minutes for May 2 meeting, Mr. McLaughlin second, all voted in favor.

COMMUNICATIONS – PUBLIC:

Annie Savino, New Albany Tree Board Presidentaddressed the council regarding reactivating some money that is in a non-reverting fund which was created years ago when the board was first created. She reviewed the Memo that she had provided in the council packets.

COMMUNICATIONS – CITY OFFICIALS:

Carl Malysz addressed the council and informed them that Dan Bates is here from WindStream and he would like to present a power point prior to voting. He addressed the R-11-14 and informed the council that this is the amendedversion of the resolution.

Mr. Coffey stated that he met with the UEZ last night and he came away extremely impressed. He believes that if they are given an opportunity to do the job they are asked to do and leave politics aside they can do great things for the community. He stated that they are looking into preparing a booklet or paper telling new businesses what New Albany has to offer such as bonds, Tax Abates ect. He stated that he would like a consensus to give a small sum of money for this to be done. He also asked about the issue of a business/home on Cedar Street where a stolen car was found and no arrest was made.

Mr. Messer up-dated the council on the situation with the sinking house on Elm and informed them that after a smoke test it was found that it is a drainage issue.

Mr. Gonder asked if it would be appropriate to moved the first November meeting to November 1 since the election falls the day after the November 8 meeting.

COMMUNICATIONS – MAYOR

APPOINTMENTS:

Mr. Messer made a motion to moved the Wind Stream resolution and ordinance forward, Mr. Zurschmiede second, all voted in favor.

R-11-17Resolution of the Common Council of the CityZurschmiede

Of New Albany Approving An Amending

Declaratory Resolution and Economic Development

Plan of the Redevelopment Commission of the City

Of New Albany, Indiana, and Approving An

Order of the New Albany City Plan Commission

Mr. Zurschmiede moved to approve R-11-17, Mr. Messer second, all voted in favor

Mr. Bates presented a power point explaining his proposal for WindStream Technologies. A hard copy is on file with the City Clerk’s office.

Mr. Malyzs explained that the two actions they are asking that they take is the resolution endorsing the Redevelopment resolution. He informed them that this would also allow them to upgrade that area of Charlestown Road, and would also allow Purdue to move forward with building by the city having lease holds on tracks of land and Purdue will be responsible for finding leasers’ one of which could possibly be WindStream when they are ready to up-grade to a larger facility.

Mr. Caesar asked if the new revenue from this project will be tied strictly for this project or can it be used for other project.

Mr. Malysz stated that they will be able to use this money for other projects.

Mrs. Benedetti asked when the city became a lender.

Mr. Malysz explained that when payments are made to Windstream they will come directly to the city for their portion and then the city will forward on to Windstream the remainder. He also suggested that they create a committee to work with the Administration on this.

Mr. Zurschmiede stated that he would like a commitment from Mr. Bates to stay in 10 – 20 years.

Mr. Gibson stated that during an acquisition it is difficult to require a buyer to stay in New Albany.

Mr. Bates suggested that they could include a penalty if the company is moved.

G-11-06Ordinance Authorizing the City of New Albany Zurschmiede 1&2

To Issue its “Taxable Economic Development

Revenue Bonds of 2011” and Approving and

Authorizing other Actions in Respect Thereto

Mr. Zurschmiede made a motion for the first and second reading of G-11-06, Mr. Messer second, all voted in favor with the exception of Mr. Coffey who abstained.

Mr. Gonder asked why are they taxable bonds.

Mr. Malysz stated that because they are for profit organization.

Mr. Coffey explained that he will be abstaining until he gets more information.

Mr. Caesar stated that he is really excited about this project.

APPROVAL OF CF-1 FORMS:

PAAR, LLC, Compliancewith Statement of Benefits,

Referencing R-04-32 (RE) & R-07-36 (RE)

Mr. Coffey moved to approve, Mr. Messer second, all voted in favor

Retailers Supply Company, Inc., Compliance with

Statement of Benefits, Referencing R-04-33 (RE)

Mr. Gonder moved to approve, Mr. Messer second, all voted in favor

David Stemler d/b/a P.C. Building Materials, Compliance

with Statement ofBenefits, Referencing R-04-31 (RE)

Mr. Caesar moved to approve, Mr. Coffey second, all voted in favor

ICIM Corporation d/b/a Planet Telecom, Compliance

with Statement ofBenefits, Referencing R-01-02 (RE)

Mr. Coffey moved to approve, Mr. Price second, all voted in favor

Koetter Development, Inc., Compliance with Statement

of Benefits,Referencing R-08-48 (RE)

Mr. Caesar moved to approve, Mr.Zurschmiede second, all voted in favor

Lee Supply Corporation, Compliance with Statement of

Benefits Referencing R-06-37 (RE)

Mr. Messer moved to approve, Mr. Benedetti second, all voted in favor

Matt Chalfant d/b/a Chalfant Industries, Inc.,

Compliance with StatementOf Benefits

Referencing R-09-19 (RE)

Mr. Caesar moved to approve, Mr. Messer second, all voted in favor

Richard and Kelly Fust, Compliance with Statement

of Benefits, Referencing R-03-28 (RE)

Mr. Messer moved to approve, Mr. Coffey second, all voted in favor

Sunnyview, LLC, Compliance with Statement of

Benefits Referencing R-01-09 (RE)

Mr. Coffey moved to approve, Mr. Messer second, all voted in favor

Swearingen Environmental Services, LLC, d/b/a

Specialty Earth Sciences, LLC, Compliance with

Statement Of Benefits Referencing R-09-02 (RE) (PP)

Mr. Messer moved to approve, Mr. Caesar second, all voted in favor

INTRODUCTION OF ORDINANCES AND RESOLUTIONS:READING

R-11-14Amended Resolution of the Common CouncilMesser

Of the City of New Albany

Mr. Messer moved to approve R-11-14, Mr. Zurschmiede second, all voted in favor

A-11-07Additional Appropriation of $175,000 for the Caesar 1&2

Purchase of Seven (7) Vehicles for the Police

Department

Mr. Caesar made a motion for the first and second reading of A-11-07, Mr. Zurschmiede second, all voted in favor with the exception of Mr. Price and Mr. Coffey who voted no and Mr. Messer who abstained.

There was a lengthy discussion regarding the vehicle types they will be purchasing, and the number of officers who live outside the city.

A-11-08Additional Appropriation of $33,900 for 20% McLaughlin 1&2

Matching Grant for Equipment

Mr. McLaughlin made a motion for the first and second reading of A-11-08, Mr. Zurschmiede second, all voted in favor

A-11-09Additional Appropriation of $126,321 for the McLaughlin 1&2

Purchase of Seventy-nine (79) Fire Turn Out

Gear

Mr. Mclaughlin made a motion for the first and second reading of A-11-09, Mr. Zurschmiede second, all voted in favor.

There was a lengthy discussion regarding the New OSHA Standards for Turn-Out Gear.

Z-11-04An Ordinance for the Vacation of a Public WayBenedetti 1&2

Pursuant to a Petition Filed by New Albany Floyd

County School Corporation

Mrs. Benedetti made a motion for the first and second reading of Z-11-04, Mr. Coffey second, all voted in favor

Mr. Bill Wieshart, NA-FC Schools, informed the council that this is simply to clean up some paper work. He stated that they have owned this piece of property since 1915 and on the older plat the alley is shown to run between two of the buildings.

Z-11-5An Ordinance for the Vacation of a Public WayBenedetti 1&2

Pursuant to a Petition Filed by New Albany Floyd

County School Corporation

Mrs. Benedetti made a motion for the first and second reading of Z-11-05, Mr. Coffey second, all voted in favor with the exception of Mr. Gonder and Mr. McLaughlin who abstained.

Mr. Weishartstated that this is closing a roadway that is in use in order to expand parking space. They own all the property surrounding the area, but there are still 4 existing homes on Myrtle. He stated that they can’t build the parking lot until they go before Planning and Zoning but they can’t go to Planning and zoning until they own this property.

There was a lengthy discussion regarding the traffic issues in the area.

Mr. Gibson asked that this be heard again on the June 16th so he can have time to get certified mail to the neighbors.

A-11-06Additional Appropriation of $11,630 for the TreeGonder 3

Board Fund

Mr. Gonder made a motion for the third reading of A-11-06, Mr. Zurschmiede second, all voted in favor. A-11-12

MISCELLANOUS ITEMS:

Mr. Gahan announced that there would be forums for the River View Project.

Ms. Wisman informed them that on May 24 at 6:30 at Floyd Memorial Hospital and June 1 at 6:30 at the New Albany Floyd County Library.

Mr. Coffey stated that he would like to set a third meeting at Scribner.

The Council set a work session on the WindStream Project on May 31 at 6:30.

Mr. Gibson informed them that he has been working with Jeffersonville and Clarksville on an Interlocal Agreement for use of the radio equipment and he would like an opportunity to discuss it with them prior to them voting.

The Council decided they would meet at 6:30 prior to the June 16th meeting.

COMMUNICATIONS – PUBLIC (non-agenda items):

IN COMMITTEE:

TABLED ORDINANCES:

R-11-08A Resolution of the New Albany Common CouncilZurschmiede

Regarding the State Street Parking Garage Economic

Development Area

G-11-04Amended Ordinance for the Appropriation of Messer 1 & 2
EDIT Funds

ADJOURN:

There being no further business before the board, the meeting adjourned at 8:45 p.m.

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Jeff Gahan, President Marcey Wisman, City Clerk

1 City Council May 19, 2011

All meetings are recorded and on file with the City Clerk’s Office