Nov 03, 2026 City Council

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WHENEVER YOU ARE READY AND WE ARE PUSHING SOUND. ALL RIGHT. THANK YOU. CLERK MASON, GOOD

[1. CALL TO ORDER]

COUNCIL MEMBER. WILTROUT HERE. I HAVE SEVEN PRESENT FOR THE NOVEMBER 3RD, 2026 REGULAR

[4. ACTION ON MINUTES]

[5. ADDITIONS OR CORRECTIONS TO THE AGENDA]

[6. HEARING OF VISITORS]

SO WITH THAT, I WOULD INVITE MR. WILLIAMS TO THE PODIUM. JUST FOR CLARITY, BECAUSE WE ARE STREAMING THIS ONLINE AS WELL. THERE MAY BE QUESTIONS THAT FOLKS HAVE REGARDING TONIGHT'S MEETING. YOU'RE WELCOME TO SUBMIT QUESTIONS DIRECTLY TO THE CITY'S COMMUNICATIONS TEAM, AND THEY WILL DISTRIBUTE IT TO THE APPROPRIATE STAFF MEMBER BY EMAILING AT. COM, COMMS@NEWALBANYOHIO.ORG. AND OF WHERE WE HAVE A FREQUENTLY ASKED QUESTIONS PORTION OF THE WEBSITE DEALING WITH ENERGY GENERATION TO PROVIDE SOME ADDITIONAL INFORMATION TO THE PUBLIC REGARDING THIS PROCESS.

MR. WILLIAMS, GOOD EVENING. THANK YOU FOR HAVING US, MR. MAYOR. MEMBERS OF COUNCIL. WITH ME TONIGHT ARE MATT BUTLER AND JULIE GRAHAM PRICE. THEY ARE TO THE PUBLIC INFORMATION OFFICERS THAT SERVE THE BOARD STAFF. THEY'RE PROBABLY THE MOST RECOGNIZED PEOPLE ON BEHALF OF THE BOARD AS THEY'RE EVERY PUBLIC INFORMATION MEETING, EVERY LOCAL PUBLIC HEARING, AND FREQUENTLY ENGAGE WITH MEMBERS OF THE PUBLIC AS TO THE GENERAL QUESTIONS. SO I THINK IT'S IMPORTANT THAT THEY'RE HERE. AND TO THE EXTENT THAT THE FOLLOW ON QUESTIONS OR EMAILS, CERTAINLY MR. BUTLER WILL BE THE ONE WHO RESPONDS TO MOST OF THOSE FROM BACK IN THE OFFICE.

PLEASED TO BE HERE TO ADDRESS THE CITY COUNCIL TONIGHT TO EXPLAIN A LITTLE BIT ABOUT THE POWER SITING BOARD, SOME OF OUR, FRANKLY MORE NOTEWORTHY PROCESSES, ANSWER ANY QUESTIONS

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SO THE BOARD HAS SIGNIFICANT DIRECTION FROM LEGISLATURE AS TO HOW THEY SHOULD BE ADJUDICATING THESE CASES. MY TEAM IS BOARD STAFF, SO WE'RE THE UNDERPINNINGS OF THE BOARD.

WE'RE THE ONES THAT GO OUT AND DO THE RECON ON THE BOARD'S BEHALF. AND WE HAVE SEVERAL CRITICAL FUNCTIONS IN THAT REGARD. WE PREPARE STAFF REPORTS, SO WE'LL RECEIVE APPLICATIONS THAT ARE OFTEN BETWEEN 1 AND 2000 PAGES. A NUMBER OF DIFFERENT TECHNICAL REPORTS. WE'LL ASSIMILATE THOSE INTO A WORK FOR THE BOARD'S CONSIDERATION. IN A CASE THAT'S A FULL APPLICATION CASE. WE WILL ALSO MAKE RECOMMENDATIONS IN ACCELERATED CASES. AND PURSUANT TO SOME LEGISLATIVE DIRECTIVE, I'LL LEAN INTO THOSE. THOSE DECISIONS, THOSE REPORTS BECOME THE ORDERS OF THE BOARD, UNLESS THEIR APPEAL WITHIN SEVEN DAYS OF THE APPLICATION OF THOSE DATES. AND THEN FINALLY, THE BOARD STAFF DOES A LOT OF THE FIELD WORK, MAKES ASSESSMENTS OF FOLLOW ON ITEMS ON THE BOARD'S BEHALF IN REGARD TO CASES AFTER THE CERTIFICATE.

AS FOR EXAMPLES, REVIEWING LANDSCAPING PLANS, ENGINEERING REVIEWS, DECOMMISSIONING PLANS, EMERGENCY RESPONSE PLANS, ANYTHING THAT THE BOARD CONDITIONS. FOR THE MOST PART, MY TEAM WILL OVERSEE THE INTERPRETATION AND ENFORCEMENT OF THOSE CONDITIONS IN TERMS OF HOW THAT RELATES TO THOSE IN THE ROOM. YOU KNOW, LICKING COUNTY HAS HAD SEVEN APPLICATIONS FOR BEHIND THE METER GAS FIRED GENERATION THAT HAVE BEEN DECIDED. WE'RE ABOUT TO BE DECIDED BY THE BOARD. THREE OF THOSE HAVE BEEN ACCELERATED APPLICATIONS. SO IN THOSE CASES, MY TEAM PREPARES A STAFF REPORT WITHIN 83 DAYS OF THE APPLICATION DATE. THE SEVEN DAY PERIOD THEN RUNS. IF NOBODY OBJECTS ON DAY 90, THAT BECOMES THE ORDER OF THE BOARD.

ACCELERATED CASES ARE APPROPRIATE WHERE AN APPLICANT WANTS TO BUILD IN AN AREA THAT'S ALREADY INDUSTRIAL IN NATURE. AND SO IN YOUR ORIGINAL CASE, SOCRATES, SOUTH AND SOCRATES, THE YOUNG, THOSE WERE ALL SITED IN AREAS THAT WERE ALREADY INDUSTRIAL IN NATURE.

AND SO THOSE WERE AUTO APPROVED IN 90 DAY APPLICATION ACCELERATED RATE. YOU HAVE FOUR FULL CASES, TWO OF WHICH HAVE BEEN DECIDED, TWO OF WHICH ARE PENDING LEO AND THREE ARE PENDING. THE OTHER TWO HAVE BEEN ADJUDICATED BY THE BOARD AND APPROVED. SO IN TERMS OF THE PUBLIC PROTECTIONS AS TO EACH CASE, WHETHER YOU'RE FILING AN ACCELERATED CASE OR A FULL CASE, YOU STILL HAVE TO PUBLISH PUBLICLY. NOTICE YOUR APPLICATION. YOU SENT IT TO LOCAL AUTHORITIES. YOU PUBLISH IT IN THE NEWSPAPER. YOU MAY NOTICE OF IT TO ANY IMPACTED

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THOSE ARE NOTICED AND THE APPLICANT SHOWS UP IN RESPONSE TO QUESTIONS. STAFF IS THERE TO ANSWER QUESTIONS AS TO OUR PROCESS AND OUR GENERAL UNDERSTAND THE PROJECT AS WELL.

AFTER THE PUBLIC INFORMATION MEETINGS APPLICATIONS FILED, STAFF REPORT AND PURSUANT TO AN ADMINISTRATIVE LAW JUDGE INJURY, THERE'S A LOCAL PUBLIC HEARING WHERE THE PUBLIC CAN COME AND PROVIDE TESTIMONY. AND THEN THERE'S AN EVIDENTIARY HEARING WHERE ANYBODY CAN PRESENT THEIR OWN TECHNICAL EVIDENCE, THEIR OWN WITNESSES, AND CROSS-EXAMINE WITNESSES ON BEHALF OF THE APPLICANT OR STAFF. SO THOSE ARE THE TWO DISTINCTIONS AS TO THE DIFFERENT TYPES OF CASES AND THE WAYS TO PROCEED THROUGH THOSE. IT'S NOTEWORTHY THAT EVERY CASE THAT THE BOARD HAS HAS APPROVED, CERTAINLY DURING MY FOUR YEARS IN THIS ROLE, AND I'D SAY PROBABLY DATING BACK TO THE DAWN OF REASONABLE TIME, HAS CONDITIONS. AND SO THE BOARD WILL SAY, TO THE EXTENT WE'RE LETTING YOU BUILD THIS, HERE'S HERE'S THE PARAMETERS FOR THAT CONDITION. ONE IS INVARIABLY EVERYTHING YOU SAID, APPLICANT AND THE APPLICATION IN RESPONSE TO YOUR TO THE INQUIRIES FROM STAFF ON WRITTEN DATA REQUESTS, YOU'RE OBLIGATED TO HONOR CONDITION TWO IN THE MOST RECENT CASE, AND THE CASE IS PENDING. BEFORE THE BOARD TALKED ABOUT THE FACT THAT IF, AS YOUR TECHNOLOGY NEEDS TO BE TURNED OVER AS YOUR. YOUR TURBINE EQUIPMENT AGES OUT AND YOU'RE REPLACING IT DOWN THE ROAD, THAT YOU'RE REQUIRED TO CONSIDER UPGRADES TO MORE EFFICIENT TECHNOLOGY, SHOULD THAT EXIST AT THE TIME, AND SHOULD THAT BE FEASIBLE TECHNICALLY? AND IN REGARD TO OVERALL CONSIDERATIONS, CONDITION S S S S S S S S S S SS REQUIRES THAT THE APPLICANTS ADOPT ESTHETIC AND LANDSCAPING HARMONIZATION PRACTICES. CONDITION 34 IS NOISE CONDITION THAT REQUIRES THAT PROJECTS. IF YOU'RE BUILDING IN AN AREA THAT'S AMBIENT ABOVE 55, YOU'RE LIMITED TO JUST AMBIENT. YOU CAN'T BRING ANY MORE NOISE THERE. IF YOU'RE IN AREAS OF BELOW 55, YOU CAN BRING UP TO FIVE ADDITIONAL DBA VOICE, UP TO A MAXIMUM OF 55. CONDITION 35 REQUIRES THAT YOU SATISFY EPA EQUIPMENT TO INJECT PERMIT TO OPERATE CONDITIONS AND CONDITION 41 IN THE MOST RECENT CASE REQUIRES THAT YOU WORK WITH NEW ALBANY REGARDING FUNDING OF CAPITAL AND PUBLIC PROJECTS PURSUANT TO GOOD FAITH NEGOTIATED AGREEMENT. SO CERTAINLY THERE'S A NUMBER OF CONDITIONS THERE THAT PROTECT THE PUBLIC, THAT PROTECT THE CITY IN REGARD TO HOW THESE PROJECTS ARE INTERPRETED AND ULTIMATELY BROUGHT TO BEAR. WE WANT TO THANK THE CITY AND THE LOCAL REGULATORS FOR THEIR PARTICIPATION IN THESE CASES. AS YOU'RE AWARE, YEARS AGO, THESE CASES WERE FRANKLY UNKNOWN, AND THEY'VE COME ON PRETTY AGGRESSIVELY IN THESE CASES. NOW WE'RE GETTING INTERVENTION REQUESTS, INTERVENTION PARTICIPATION FROM THE CITY, FROM COUNTY COMMISSIONERS AND THE ENGINEER, FROM THE PLANNING COMMISSION, FROM SOIL AND WATER AND THE TOWNSHIP. AND THAT'S REALLY ENABLE US TO FLUSH OUT CONCERNS THAT ARE SPECIFIC TO LOCAL JURISDICTIONS IN REGARD TO EACH APPLICATION. THEY'VE BEEN INSTRUMENTAL IN CREATING AND MODIFYING SOME OF THE CONDITIONS THAT WE HIGHLIGHTED IN REGARD TO NOISE ESTHETICS, ROAD USE, STORMWATER MANAGEMENT, GRADING BASINS, CONSTRUCTION, BMPS. AND SO IT'S BEEN PIVOTAL TO OUR SUCCESS. IN ADDITION, WE'VE IMPLEMENTED A PRACTICE WHERE THAT WE'RE STAFFING THESE PROJECTS WITH EVERY DEVELOPER EVERY TWO MONTHS. SO LOCAL REGULATORS AND DEVELOPERS ON OUR COMMITTEE ARE COMING TO A VIRTUAL MEETING TO DISCUSS ANY CONCERNS, ANY PROBLEMS, MAKE SURE WE'RE ALL COMMUNICATING EFFECTIVELY. AND THIS HAS BEEN HIGHLY EFFECTIVE IN MAKING SURE THAT THESE PROJECTS ARE ACTUALLY IMPLEMENTED AND MAINTAINED. WE'VE ALSO HAD JOINT OVERSIGHT. WHILE THE BOARD HAS PRIMACY, OUR TEAM IS WE'VE ALWAYS GOT A PASSENGER SEAT OPEN FOR OTHER INSPECTORS, AND WE'RE ALWAYS OPEN TO INSPECTION FINDINGS. SO WHILE WE ULTIMATELY HAVE THE. SANCTION OF AUTHORITY, WE CERTAINLY WELCOME AND HAVE ENJOYED COOPERATION FROM LOCAL AUTHORITIES AS TO HOW IT'S IMPLEMENTED. SO IN CLOSING, I WANT TO THANK YOU FOR THE OPPORTUNITY TO BE HERE TONIGHT.

I WANT TO THANK YOU FOR THE INTERVENTION FROM ON BEHALF OF ALL THE LOCAL AUTHORITIES AND THE PARTICIPATION IN REGARD TO THESE CASES, AND I CERTAINLY WOULD INVITE ANY QUESTIONS.

THANK YOU, MR. WILLIAMS. I'M SURE A NUMBER OF COUNCIL MEMBERS WILL HAVE QUESTIONS, BUT I'LL JUST KICK US OFF. YOU MENTIONED THE WORD PRIMACY. AND, YOU KNOW, WHEN I THINK ABOUT

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ARE THERE? ARE, ARE, ARE, ARE THERE ARE YOU ABLE TO IMPOSE CONDITIONS THAT ARE OR RESTRICTIONS THAT ARE GREATER THAN WHAT'S REQUIRED BY LAW? NO, NO. SO WE ONLY ACT PURSUANT TO THE AUTHORITY OF THE LEGISLATURE HAS GIVEN US. WE DON'T HAVE ANY AUTHORITY INDEPENDENT OF THAT. IT'S ALSO IMPORTANT THAT CONDITIONS NEED TO BE ONES THAT CAN BE, TO SOME DEGREE, OBJECTIVELY MEASURED AND OR INTERPRETED BASED ON OUR EXPERTISE. SO THERE ARE SEVERAL SUPREME COURT CASES THAT ARE DEALING WITH, HEY, WE DON'T WANT THE BOARD TO GIVE AWAY ITS AUTHORITY OR TO LEAVE APPLICANTS OR THE PUBLIC IN THE LURCH AS TO WHAT'S WHAT'S SUBJECT TO INTERPRETATION AND WHAT LEGAL GUYS. AND SO WE'RE LIMITED TO THE CRITERIA THE LEGISLATURE HAS GIVEN US AND TO SOME EXTENT, TO THE SUPREME COURT GUIDANCE AS TO WHAT ARE AREAS OF INTERPRETATION VERSUS WHAT ARE AREAS THAT ARE. IT'S IMPORTANT TO NOTE THAT APPLICANTS. I KNOW THEY'RE NOT THE WHITE HAT GUYS IN MOST OF THESE CASES, BUT THEY HAVE LEGAL RIGHTS. IF THEY GET A CERTIFICATE, IT'S PROPERTY RIGHTS FOR YOU. YOU'RE RELYING ON IT FOR INVESTMENT PURPOSES, FOR PUBLIC PARTICIPATION PURPOSES AND THE LIKE. AND SO WE HAVE TO HONOR THEIR RIGHTS AS ANYBODY ELSE IS JUST BUILDING OFF OF THAT QUESTION.

I APPRECIATE THIS. THIS IS SORT OF A IT'S A LEGAL PROCESS. YOU KNOW, IT'S IT'S LITIGATION, FOR LACK OF A BETTER WORD. THERE'S PARTIES INTERVENERS THE BOARD CAN'T REDUCE ITS SORT OF FOUNDATIONAL REQUIREMENTS. YOU HAVE TO MEET THESE STANDARDS. BUT THE PARTIES, IF THERE ARE PARTIES IN THE CASE, THEY COULD SETTLE AND HAVE SOMETHING THAT WOULD BE A HIGHER STANDARD THAN WHAT THE LAW REQUIRES. MAYBE THERE'S A I'M JUST USE LANDSCAPE. FOR EXAMPLE. THE LAW REQUIRES A CERTAIN AMOUNT OF LANDSCAPING, BUT THE PARTIES IN THE LITIGATION COULD AGREE TO DO MORE. CORRECT. YEAH. TRYING TO TAKE IT TO SOMETHING THAT'S OBJECTIVELY MEASURABLE. AND MAYBE I'LL THINK OF SOMETHING MORE POINTED WHILE I'M GIVING THIS EXAMPLE ON SETBACKS. ON SOLAR PROJECTS, WE HAVE RULES THAT SAY 50FT FROM STREETS 150, 300FT FROM FROM DIFFERENT STRUCTURES. IT'S NOT UNCOMMON TO HAVE SOLAR DEVELOPERS APPLY SETBACKS THAT ARE MORE PUBLIC, PUBLIC FAVORABLE IN THOSE CIRCUMSTANCES. SO IN TERMS OF APPLYING THAT TO A GENERATION FACILITY, A TRADITIONAL GAS FIRED, NOTHING'S COMING TO MIND NOW. YOU KNOW, OBVIOUSLY THERE'S THERE'S THRESHOLDS FOR EPA PERMITTING, AND I'M SURE THESE DRUGS ARE COMING IN WELL BELOW THOSE. SO I THINK ARGUABLY, YOU KNOW, THAT'S AN AREA WHERE THERE GIVING MORE CREDENCE TO PUBLIC CONCERN AND LAW WOULD REQUIRE. YEAH. JUST JUST ON THAT NOTE, I MEAN, WHAT SO THE POWER SITING BOARD DETERMINES WHETHER OR NOT A SPECIFIC LOCATION IS GOOD FOR POWER GENERATION SITE. RIGHT. WE RESPOND TO APPLICATIONS TO APPLICATIONS. OKAY. CAN YOU I KNOW THIS IS A VERY BIG QUESTION, BUT CAN YOU TALK ME THROUGH SOME OF THE FACTORS THAT YOU WOULD DETERMINE THAT YOU WOULD ASSESS WHEN DETERMINING WHETHER OR NOT THAT APPLICATION SHOULD BE APPROVED? SURE. SO WE OBVIOUSLY LOOK AT ENVIRONMENTAL SO IN TERMS OF ARE THERE PROTECTIONS THERE ANY PROTECTED STREAMS, CREEKS, ANYTHING THAT WOULD HAVE THE OHIO HISTORIC PRESERVATION OFFICE OR CONCERNED ANY CONCERNS FROM US FISH AND WILDLIFE CONCERNS FROM AG AS TO AGRICULTURAL EASEMENTS, I'M SURE HALF A DOZEN MORE WITH SOME TIME, BUT THOSE ARE THE KINDS OF ISSUES THAT WE JUMP OUT FOR SURE. OKAY. ARE THERE IS THE THE DETERMINATION THAT THIS SITE WOULD BE ENVIRONMENTALLY HEALTHY OR SOUND RIGHT? IS THAT A DETERMINATION THAT'S ONLY MADE BY THE POWER SITING BOARD, OR ARE THERE OTHER AGENCIES THAT MAKE THAT DETERMINATION? THE SOLE AUTHORITY RESTS WITH THE BOARD. SO IF AG IS AS MAD AS HECK, THERE'S 15 REASONS WHY THEY DON'T LIKE THIS. THIS

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THEY HAVE AN APPELLATE COURT THROUGH IRAQ. AND SO THEY HAVE THAT AUTHORITY. SO, OKAY. OKAY, OKAY. AS I UNDERSTAND IT, STAFF GOES THROUGH THE APPLICATION, WORKS WITH THE OTHER AGENCIES, GATHERS ALL THE INFORMATION AND MAKES A RECOMMENDATION TO THE BOARD. ARE YOU AWARE OF ANY SITUATIONS WHERE THE BOARD DENIED APPROVAL VERSUS ONCE THE STAFF RECOMMENDED APPROVAL? HAVE THEY EVER DENIED SOMETHING THAT THAT THE STAFF ENDORSED? SO THERE HAVE BEEN MODIFICATIONS TO STAFF RECOMMENDATIONS. THE ONE THAT'S MOST NOTEWORTHY IS THE FIRELANDS WIND OR EMERSON. EMERSON WIND, WHERE THERE WERE SOME KARST AREAS THAT WERE SUBJECT TO INTERPRETATION AS TO WHETHER THEY WOULD WITHSTAND THE INSTALLATION OF WIND TURBINES. THE ADMINISTRATIVE LAW JUDGE, ACTUALLY, THE BOARD STAFF IN THIS CASE SAID, HEY, YOU CAN BUILD ACROSS THTHTHTHTHD THE BOARD WENT FURTHER AND SAID, YOU CAN'T BUILD PORTIONS OF THESE AREAS AS WELL. THERE HAVE BEEN OTHER AREAS WHERE THE BOARD HAS STRESSED SOME STAFF RECOMMENDATIONS, BUT IN THE LAST FIVE YEARS, THE BOARD HAS GENERALLY VOTED WITH FOR STAFF IS. OKAY. JUST ONE OTHER QUESTION. YOU MENTIONED THE SEVEN APPLICATIONS IN LICKING COUNTY. SINCE YOU'RE A STATE AGENCY, HOW PERVASIVE ARE REQUESTS IN PROJECTS LIKE THIS BEYOND LICKING COUNTY, FOR EXAMPLE, HOW MANY IN THE STATE OF OHIO? SURE. I BELIEVE THERE'S 17 IN THE STATE OF OHIO. AND I BELIEVE THAT LICKING COUNTY IS ROUGHLY 10% OF THE OVERALL APPLICATIONS. SO AGAIN, AS YOU WOULD EXPECT IN AN AREA THAT'S DEVELOPED AS A BUSINESS PARK, FOR THIS REASON, IT'S NOT SURPRISING THAT THERE'S SOME CONCENTRATION THERE. FRANKLY, FROM WHAT WE'RE SEEING, IT WOULD FEEL AS THOUGH THE APPLICATIONS ARE PROBABLY COMING. NEAR, GIVEN WHAT'S THERE. THE DENSITY STANDPOINT. BUT IT'S IT'S SORT OF A PERCENTAGE, BUT NOT PERCENTAGE. IT'S JUST NOT UNIQUE TO LICKING COUNTY. IT'S THIS IS SOMETHING GOING ON THROUGHOUT THE STATE. THAT'S CORRECT. OKAY. THANK YOU. CAN I YOU SAID TWO DIFFERENT NUMBERS HERE AND I GOT A LITTLE CONFUSED. YOU SAID SOUNDED LIKE SEVEN OUT OF 17, BUT THEN YOU SAID 10%. I'M NOT A MATHEMATICIAN, BUT THAT DOESN'T FEEL RIGHT. SO CAN YOU HELP ME UNDERSTAND WHY WE'RE 10% OF LICKING COUNTY IN THE COUNTY? MAYBE IT WAS A FINANCE MAJOR, BUT THAT DIDN'T WORK FOR ME. SO SEVEN OF 17 APPLICATIONS, 1.9 GIGS OUT OF 20 GIGS. SO ROUGHLY 10%, 10% OF THE OF THE. OKAY. THANK YOU. YEAH. I HAVE A QUESTION FOR OUR STAFF. I WANT TO CLARIFY. I THINK IT'S IMPORTANT FOR US TO CLARIFY. IT'S MY IMPRESSION THAT WE HAVE NOT JUST STOOD BY AND LET. EVEN THOUGH THE AUTHORITY DOES NOT LIE WITH US AND WE CAN'T APPROVE OR DISAPPROVE OF THESE, IT'S MY UNDERSTANDING WE HAVE NOT JUST BEEN SITTING IDLY BY, AND WE'VE HIRED SOME CONSULTANTS TO LOOK INTO THESE PROCESSES AND SEE WHERE WE CAN GET INVOLVED. OR IS THERE SOMEONE, SENIOR STAFF, THAT CAN HELP US A LITTLE BIT WITH WHAT IT IS THAT WE'VE BEEN DOING AND WHERE WE'RE AT ON ALL OF THAT? YEAH, I CAN CERTAINLY THANK YOU FOR THE QUESTION. SO WHEN WE FIRST BECAME AWARE AND CERTAINLY WASN'T SOMETHING THAT WE WERE ANTICIPATING, BUT WE REALLY DUG IN AND THE FIRST THING WE DID WAS REACH OUT TO THE HIGH POWER SITING BOARD TO UNDERSTAND WHAT AUTHORITY THEY HAD AND WHAT AUTHORITY WE HAD, AND WHAT THE DIFFERENT JURISDICTIONS WERE DOING. THE AIR QUALITY PIECE OF IT WAS VERY, VERY IMPORTANT TO US AND IMPORTANT TO UNDERSTAND. SO IN MAY OF 2025, WE IMMEDIATELY MET WITH THE HAD SEVERAL HOUR MEETING WITH THEM TO UNDERSTAND THE TESTING THAT

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WHAT'S IMPORTANT ABOUT THAT IS THAT BECAUSE THESE MACHINES AREN'T EVERYWHERE THROUGHOUT OHIO, IT IT SETS A SPECIFIC RANGE THAT'S SMALLER THAN MAYBE OTHER APPLICATIONS THAT ARE COMING IN FROM OTHER PLACES. SO THE CONCENTRATION OF PARTICLES IN THE AIR IS VERY MUCH DIFFERENT HERE. IT'S CONCENTRATED IN THE MODEL AND A MUCH SMALLER AREA. SO THE MODEL IS MORE CONSERVATIVE. AND SO THE STANDARDS ARE HIGHER FOR COMPANIES THAT ARE WANTING TO OBTAIN AN AIR QUALITY PERMIT FROM THE EPA IN NEW ALBANY, AS COMPARED TO OTHER PLACES IN OHIO. THEY ALSO WENT THROUGH THE FACT THAT IT'S A CUMULATIVE MODEL. AND SO THEY TAKE EVERY SINGLE APPLICATION AND THEY PUT THAT INTO THE MODEL, WHETHER IT'S A POWER SITING BOARD APPLICATION OR WHETHER IT'S AN INDUSTRIAL BUILDING AND OR COMPLEX THAT WE'RE BUILDING WITHIN THE COMMUNITY. AND THERE'S A BASELINE THAT'S ESTABLISHED. AND THEN THERE'S MONITORING THAT'S REQUIRED OF THE COMPANIES, PLUS THIS AIR QUALITY MONITOR THAT'S EXISTING WITHIN THE COMMUNITY TO MEASURE THIS ON A REGULAR BASIS. SO WE WALKED THROUGH THAT WITH THEM AND UNDERSTANDING THAT THIS WAS CUMULATIVE AND UNDERSTANDING WHO, WHO WAS THEM, THAT THIS IS THE OHIO EPA, THIS IS THE OHIO EPA. AND THEN WE ASKED WE WE WENT THROUGH 2.5 HOURS OF MEETINGS TO JUST UNDERSTAND THE MODEL AND ALSO WHO WAS SETTING THEIR STANDARD. AND IF WE COULD INFLUENCE WHETHER OR NOT THE STANDARD COULD BE. OH, WHETHER THE STANDARD COULD BE MODIFIED.

SO, YOU KNOW, ONE OF THE BIG QUESTIONS WE HAD FOR THEM IS THAT IF YOUR STANDARD IS X ACCORDING TO THE MODEL, COULD YOU INCREASE THAT STANDARD? BUT THEY'RE FOLLOWING FEDERAL EPA GUIDELINES AND THEY HAVE, YOU KNOW, A SET PROCESS. AND JUST BY VIRTUE OF THE FACT THAT THESE FACILITIES EXIST WITHIN NEW ALBANY, OUR PROCESS WAS ALREADY MORE RIGOROUS THAN OTHER APPLICATIONS IN THE STATE. SO WE DID CONTACT OUR LOCAL ENVIRONMENTAL ENGINEERS, AND WE FACT CHECKED EVERYTHING THAT WE HAD HEARD IN THE MEETING WITH THE EPA TO MAKE SURE THAT WE WERE UNDERSTANDING WHAT THEY WERE SAYING AND THAT ALL, YOU KNOW, THAT SUBSEQUENT MEETING WITH THOSE ENGINEERS HELPED US REALLY UNDERSTAND THE ROLE THAT THE EPA PLAYS AND WHAT LIMITED SCOPE WE MIGHT HAVE IN ANY SORT OF AIR QUALITY MONITORING OR AIR QUALITY ASSESSMENT THAT'S BEING DONE. SO THE NEXT QUESTION WAS REALLY, WHAT CAN WE STILL DO? BECAUSE WE WERE CONCERNED THAT ANOTHER ENTITY WAS GOING TO HAVE JURISDICTION OVER SOMETHING THAT WAS BEING BUILT WITHIN OUR COMMUNITY? LIKE WHAT? WHAT CAN WE DO WITHIN THE BOUNDS OF THE LAW? WE HIRED SPECIAL COUNSEL TO WALK US THROUGH WHAT OUR OPPORTUNITIES WERE, AND WE HAD TWO DIFFERENT PATHS THAT WE COULD CHOOSE. WE COULD CHOOSE TO, TO LITIGATE IN TWO DIFFERENT WAYS. AND ONE WAS TO OPPOSE AND TRY TO APPEAL AND GO THROUGH A COURT SYSTEM FROM THAT PERSPECTIVE. THE CHALLENGE WITH THAT IS THAT THERE HADN'T BEEN SUCCESSFUL CASE LAW. THERE HAD ACTUALLY BEEN MORE CASE LAW. THE SUPREME COURT GIVING THE HIGHER POWER SITING BOARD THE POWERS THAT THEY DO HAVE, AND THE LIKELIHOOD OF BEING SUCCESSFUL IN THAT AREA WAS PRETTY LOW. THE ALTERNATIVE WAS TO LITIGATE THROUGH INTERVENTION, WHICH IS STILL LITIGATION PROCESS. AND SO BY THAT MEANS WE ARE INTERVENING AND WE'VE INTERVENED IN CASES IN NEW ALBANY, AND WE'VE INTERVENED IN CASES THAT WERE OUTSIDE OF NEW ALBANY. WE INTERVENED RECENTLY ON ONE FOR A RETAINING WALL OR A SOUND WALL THAT WAS PROPOSED BECAUSE WE WERE JUST INTERVENING ON EVERYTHING WE CAN IN ORDER TO MAKE SURE THAT WE'RE GETTING AS MANY RULES AND REGULATIONS THAT ARE APPROPRIATE IN NEW ALBANY, INCLUDED IN THE CONDITIONS THAT ARE APPROPRIATE BY THE LAW OF THIS POWER SITING BOARD. SO OUR SPECIAL COUNSEL HAS HELPED US THROUGH THAT INTERVENTION PROCESS AND THROUGH THAT, WE'VE, YOU KNOW, CONSULTED WITH, YOU KNOW, MH AND TE. THERE'S AN AIR QUALITY CONSULTANT THAT THAT WE'VE WORKED WITH, CERTAINLY TALKING TO RESIDENTS, HEARING FROM THE SUSTAINABILITY ADVISORY BOARD, WE'VE LEARNED A LOT ALONG THE WAY. AND SO WE, WE REALIZED KIND OF PRETTY QUICKLY WHAT THE, WHAT THE RULES WERE, WHAT THE BUCKETS WERE WITHIN WHICH WE CAN OPERATE. SO WE STARTED VERY, VERY EARLY ON WITH INTERVENTION CONDITIONS THAT WERE MORE ALONG THE LINES OF OUR PLANNING AND ZONING CODE, BECAUSE THOSE WERE REGULATED REGULATIONS THAT EXISTED WITHIN THE CITY. WE TOOK A LOOK AT OUR BEST PRACTICES, OUR LANDSCAPE STANDARDS. AND SO THE ESTHETIC PIECE OF IT IS WHERE WE STARTED. AS TIME HAS GONE ON AND WE'VE LISTENED, WE DID A PUBLIC RECORDS REQUEST ON ALL OF THE PUBLIC HEARINGS THAT THEY'VE HAD TO HEAR WHAT PEOPLE ARE SAYING. WE HAD A REPORT OUT FROM THE SUSTAINABILITY ADVISORY COMMITTEE AT THE LAST COUNCIL MEETING, OR THE COUNCIL MEETING BEFORE THAT, WITH SOME SUGGESTIONS. I MET WITH NEIL

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MAYBE THERE'S WAYS TO PUT THAT BACK ON THE GRID AND THE GRID IN MEANINGFUL WAYS THAT BENEFIT THE COMMUNITY DIFFERENTLY. AND SO WHAT HE'S ENCOURAGED US TO DO IS KIND OF PURSUE THIS SUSTAINABILITY LAND USE PLAN, BALANCE WHAT'S HAPPENING, YOU KNOW, WITH THESE FACILITIES, WITH COMING UP WITH SOME SHORT TERM, MEDIUM TERM AND LONG TERM SOLUTIONS THAT COULD HELP, YOU KNOW, BALANCE THOSE OUT. AND SO THOSE ARE ALL THE THINGS THAT, YOU KNOW, WE'RE WORKING TOWARDS.

AND IF WE IF WE ARE NOT SUCCESSFUL IN GETTING IT IN THE CONDITIONS OF THE STIPULATIONS, NOW WE'RE LOOKING TO TRY TO FIGURE OUT HOW TO DO THAT IN OTHER WAYS THROUGH THROUGH STRATEGIC PLANNING. IF I COULD JUST ADD A LITTLE BIT THERE. THANK YOU. THAT WAS THAT WAS MUCH BETTER ANSWER THAN I WOULD. GO AHEAD. JUST ONE MORE APPLICATION. WELL, THEY'VE RECEIVED SEVEN FACILITY APPLICATIONS. I JUST WANT TO MAKE SURE BECAUSE WE USE DIFFERENT. WHEN WE'VE REALIZED THIS THROUGH THE PROCESS, DIFFERENT SEMANTICS, THE ACTUAL PHYSICAL SITES THEMSELVES. THERE'S FOUR SITES IN NEW ALBANY, BUT THE FACILITIES.

IT'S LIKE A. IF YOU HAVE A PIECE OF GROUND IN YOUR BUILDING, MULTIPLE BUILDINGS.

EACH BUILDING REQUIRES A BUILDING PERMIT IN NEW ALBANY FOR THE POWER SITING BOARD.

EACH POWER FACILITY REQUIRES AN APPLICATION. AND SO IT'S STILL ON THE SAME PIECE OF GROUND.

AND SO WE'RE NOT WE DON'T HAVE SEVEN UNIQUE POWER GENERATION SITES. THEY MIGHT BE SEVEN APPLICATIONS ON FOUR SITES WITHIN NEW ALBANY. IS THAT SEVEN CURRENT APPLICATIONS? AND ARE WE FORESEEING MORE APPLICATIONS ON THOSE FOUR SITES. SO THERE ARE SEVEN APPLICATIONS. THERE ARE TWO THAT ARE PENDING BOARD DECISION MAKING WITHIN THE NEXT MONTH OR TWO. WE'RE NOT AWARE OF ANY BEYOND THAT. AND I GUESS WE TALKED ABOUT CONCENTRATION IN THE BUSINESS PART. AND I MEAN, FOR THE THE POWER SITING BOARD AND THE EPA, ARE THESE CONSIDERED IN AGGREGATE WHEN THEY'RE LOOKED AT THE MODELING AND NOT EVEN JUST THE POWER GENERATION SITES, BUT OTHER USES THAT ARE IN THE BUSINESS PARK ALREADY OR PROJECTED IN THE FUTURE. SO, YOU KNOW, IN FIVE YEARS FROM NOW, IS IT CAPTURING THE MODELING THAT ALL THESE ARE GOING TO BE ONLINE AT THE SAME TIME? SO I DON'T WANT TO SPEAK FOR EPA VERY DIRECTLY BECAUSE THEIR PROCESS IS VERY THOROUGH AND VERY TECHNICAL. MY UNDERSTANDING IS THEY'RE

[00:40:04]

WE GET COMPLAINTS THAT SOMEBODY'S OPERATING ABOVE THEIR NOISE THRESHOLDS AT LEAST MONTHLY, PROBABLY MORE FREQUENTLY THAN THAT, WE'VE GOT THE EQUIPMENT TO GO OUT THERE AROUND OUR TESTING. YOU KNOW, WE'RE CERTIFIED IN THAT REGARD. WE'RE ALSO NOT BASHFUL ABOUT REQUIRING APPLICANTS TO RUN THEIR OWN AMBIENT TESTING AS WELL. AND SO YOU'RE OBLIGATED FOR EVERY CONDITION FOR ALL TIME. OKAY. SO IT SOUNDS LIKE IT'S MONITORED PRETTY CLOSELY.

THAT'S GREAT. THANK YOU. I'M NOT SURE IF THIS IS FOR YOU, IF THIS IS FOR OUR LEGAL COUNSEL, BUT DO YOU BET? YEAH, YOU. BUT DO WE HAVE STANDING TO GO BY THERE AND GO THERE ABOVE THEIR NOISE THING, THEIR THEIR NOISE LEVEL AND AND BRING IT TO YOU? OR DOES THAT HAVE TO BE RESIDENTS NEARBY OR WHO, WHO CAN DO THAT? SO THE BOARD HAS INCORPORATED A NOISE STANDARD ON ITS OWN. THE BOARD WOULD HAVE SOLE AUTHORITY FOR THAT. BUT YOU YOU HAVE THE DISCRETION.

YOU HAVE THE AUTHORITY TO DECIDE IF THEY REALLY ARE ABOVE IT. BUT WHAT I'M SAYING IS, DO WE HAVE THE STANDING TO BRING A COMPLAINT TO YOU AND SAY, WE THINK THEY ARE IF THEY'RE WITHIN OUR MUNICIPAL BOUNDARIES? ABSOLUTELY. SO IT WOULD BE I'M SORRY TO TALK OVER YOUR LEGAL OPINION. YOU'RE YOU'RE ON A ROLL. YEAH. I'M LIKE, I'M GONNA SEE IF YOU BOTH AGREE. I WANT TO KNOW. SO SO THE PUBLIC WOULD HAVE STANDING TO BRING COMPLAINTS IN REGARD TO ANYTHING THAT THEY WOULD HAVE, YOU ANY, ANY MATERIAL FACT INVOLVEMENT IN. AND SO THAT WOULD THEN BE LIKELY REFERRED BY THE BOARD TO ADMINISTRATIVE JUDGE, IF NECESSARY, TO CONDUCT AN EVIDENTIARY HEARING, MAKE RECOMMENDATIONS REGARDING THE FACT THAT THEY ARE NOT FACTUALLY COMPLIANT. AND THAT'S TRUE WITH RESPECT TO NOISE. POLN CONTAMINATION? IS THAT WHAT THE EPA, THE EPA, THEIR ANNUAL PERMIT TO OPERATE? BUT WE'D HAVE STANDING AGAIN TO TO BRING TO YOUR ATTENTION THAT WE HAVE REASON TO BELIEVE IT MIGHT NOT BE CONTINUING. GREAT. ON THE BOARD'S AUTHORITY. YEAH, YEAH. I'M LOOKING AT YOU BOTH LOOKING AT EACH OTHER HERE. NOW, I'M ASSUMING THE EPA HAS A SIMILAR PROCESS WHERE THEY WOULD GIVE YOU STANDING IN THE WAY. I MEAN, I THINK IT WOULD BE THE SAME WITH ANY STANDING. WE'D HAVE TO ESTABLISH HARM OR SOMETHING ALONG OUR LINES. IF WE CAN ESTABLISH THE CITY DID, THEN WE COULD MAINTAIN A CAUSE PROBABLY BEFORE THE BOARD. IF NOT, THEN IT WOULD BE AN INDIVIDUAL PROPERTY OWNER OR SOMEBODY THAT MAY HAVE BEEN HARMED ALONG THE WAY, WOULD HAVE THE STANDING TO PURSUE IT. SO AS YOU KNOW, WITH THE LAW, THERE'S A LOT OF THINGS TO ESTABLISH STANDING, BUT IF WE WOULD HAVE OUR MEET

[00:45:04]

OKAY. YOU CAN'T BURN ANY MORE GAS UNTIL THE BOARD SAYS, OKAY. SO GO BACK TO THE APPROVAL PROCESS AGAIN. YOU MENTIONED EARLIER THAT THERE ARE TIMES WHEN IT'S NOT A UNANIMOUS DECISION IF THAT WERE TO HAPPEN. SO AND SINCE WE'RE TALKING ABOUT AIR QUALITY, I'LL USE EPA.

SO THE EPA DIRECTOR IN A VOTE SAYS WE'RE NOT WE'RE NOT FOR THIS. THIS IS A BROAD WHAT WHAT COULD THE REASONS BE? AND THEN IF IF IF THERE'S SOME REASON AS TO WHY THEY WERE NOT SUPPORTIVE OF IT, MAYBE THEY JUST DIDN'T FEEL LIKE THE PROJECT ITSELF WOULD MEET AIR QUALITY STANDARDS. AND THE PROJECT MOVES FORWARD. IF THE PROJECT ISN'T MEETING AIR QUALITY STANDARDS, THERE IS TO THIS DISCUSSION HERE. THERE'S STILL RECOURSE FOR THE COMMUNITY.

YEAH, RESPECTFULLY, IT'S PROBABLY THE HARDEST EXAMPLE TO TO I KNOW BECAUSE EPA OBVIOUSLY HAS OBJECTIVE CRITERIA THAT THAT'S ALL THEY DO IS EXIST TO ENFORCE THAT. SO IF THEY WERE TO VOTE INCONSISTENT WITH THEIR LEGISLATIVE MISSION, THAT WOULD OBVIOUSLY CREATE SOME TENSION.

CERTAINLY THEIR VOTE IS ONE VOTE. SO WHETHER THEY, YOU KNOW, LEAVE THE RESERVATION AND VOTE AGAINST THEIR OWN TECHNICAL RECOMMENDATION OR NOT, IT STILL COULD POTENTIALLY PASS 6 TO 1.

WE'VE SEEN DISSENTS FROM AG RELATIVE TO, HEY, YOU'RE TAKING AWAY FARMLAND AND SOLAR PROJECTS. WE'VE SEEN A SENSE FROM DEVELOPMENT REGARDING, HEY, THERE'S REAL TENSION IN THE COMMUNITY BETWEEN THESE PEOPLE AND THOSE PEOPLE. AND SO WE'RE NOT COMFORTABLE VOTING ON THIS TYPE OF CASE. MAYBE WE'VE SEEN ANOTHER LINE OF DEFENSE OR DISSENT, BUT THEY'RE PRETTY INFREQUENT. AND SO I WOULD EXPECT EPA DIRECTOR TO VOTE CONSISTENT WITH THE PERMITS THAT HE'S REQUIRED. HE OR SHE IS REQUIRED TO ISSUE, AND I WOULD EXPECT THAT TO BE AN ISSUE. SO TYPICALLY, IF THERE'S A DISSENT, IT'S IT'S THERE'S IT'S NOT AN ENVIRONMENTAL CONCERN. TYPICALLY, I THINK AG ARGUABLY TRYING TO PROTECT FARMLAND, BUT TYPICALLY NOT. SO EPA DIDN'T GRANT A PERMIT BASED ON AIR QUALITY AND ALL THE MEASUREMENTS THAT THEY HAVE.

WOULD THAT BOARD STILL MOVE FORWARD BECAUSE THEY WOULD PROBABLY VOTE NO. WOULD A BOARD STILL BE ABLE TO MOVE FORWARD WITH A SIX ONE VOTE, OR WOULD THEY NOT GET THE PERMIT SO THEY COULDN'T BUILD? YOU DON'T HAVE TO. IT'S A REALLY INTERESTING SORT OF A CHICKEN AND THE EGG.

SO THE BOARD'S CONDITION SAYS YOU CANNOT OPERATE WITHOUT THE EPA PERMIT. RIGHT. SO EPA COULD CONDITIONALLY. SO THEY'RE NOT GOING TO HAVE THAT PERMIT DECISION BY THE TIME THE BOARD VOTES ON PK THREE OR NEO. SO THE EPA COULD EASILY SAY, YES, KNOWING THAT THAT BACKSTOP KILL SWITCH CONDITION EXISTS, IF THEY DON'T GET THE PERMIT, THEY CAN'T OPERATE ANY EQUIPMENT.

OKAY. THANK YOU. I HAVE ANOTHER QUESTION FOR YOU. I'M SO SORRY. SURE. SO IF THEY'RE LET'S SAY A PERMIT IS GRANTED, RIGHT? THE THERE'S AN ANNUAL REVIEW, RIGHT? WHAT IF LIKE AFTER, YOU KNOW, A CERTAIN TIME AFTER THE ANNUAL REVIEW HAPPENS, THERE'S SOME SORT OF EVENT WHERE, YOU KNOW, POLLUTION IS INCREASED, RIGHT? IS AND THERE IS A COMPLAINT, RIGHT? IF THERE'S, IF THEY'RE FOUND TO BE OUTSIDE OF THEIR PERMITTED EMISSIONS, CAN ACTION BE TAKEN BY THE POWER SITING BOARD? IF THE EPA PULLS THEIR PERMIT, WOULD THEY BE SHUT DOWN THEN? YES. SO THE BOARD'S AUTHORITY'S IN 140 6.9798991. OR TWO OF THOSE THREE SECTIONS, THAT INCLUDES $10,000 A DAY, MAXIMUM OF $1 MILLION IN PULLED THE CERTIFICATE OR SUSPENDED CERTIFICATE, WHICH IS THE ONE THAT HURTS. THESE PROJECTS ARE ALL MAKING LOTS OF MONEY. ALL THEIR CLIENTS ARE HEAVILY DEPENDENT ON PRODUCING 99.97%. SO SUSPENDING THE CERTIFICATE FOR 15 MINUTES CAUSES THEM A LOT OF ECONOMIC PAIN. AND CAN WE ENGAGE AN INDEPENDENT TESTING AGENCY SO WE CAN TEST MORE FREQUENTLY? YEAH, YEAH. I MEAN, OUR RECOMMENDATION IS STAFF. AND AGAIN, WE'LL TALK ABOUT THIS A LITTLE BIT MORE AT BUDGET TIME IS WE'VE WE'VE PROPOSED IN THE PUBLIC SERVICE BUDGET TO PUT A HEALTHY DOLLAR AMOUNT IN ORDER TO DO A SUSTAINABILITY PLAN. AND THERE'S GOING TO BE SOME SHORT TERM ACTION ITEMS, SOME MEDIUM TERM ACTION ITEMS, AND SOME LONG TERM ONES, JUST LIKE THE COMMUNITY AND COUNCIL HAS BEEN USED TO WITH OTHER STRATEGIC PLANNING PROCESSES THAT WE'VE BEEN THROUGH A SHORT TERM RECOMMENDATION COULD BE THAT

[00:50:04]

NUMBER ONE, IF WE'RE LOOKING AT MITIGATION FACTORS THAT THAT COULD HELP WITHIN THE COMMUNITY, AND I'M I'M MAKING THIS UP, BUT TRYING TO FIGURE OUT HOW WE COULD HAVE MORE ELECTRIC EFFICIENT LAWNMOWERS AS OPPOSED TO FUEL RUN LAWNMOWERS, RIGHT? WHAT ARE WE TRYING TO LIKE? WHAT NUMBERS AND WHAT OBJECTIVE MEASURES ARE WE TRYING TO DO? I THINK THAT COULD DEFINITELY BE ONE OF THE TYPES OF RECOMMENDATIONS THAT ARE IN THIS PLAN AND THE IMPORTANCE OF THIS PLAN, AND THEN ENGAGING THE RIGHT ENVIRONMENTAL CONSULTANTS. YOU KNOW, WE HEARD WHEN WE WHEN, YOU KNOW, IN BACK IN 2025, WHEN WE MET WITH THE EPA AND THEN WE MET WITH ENVIRONMENTAL CONSULTANTS. YOU KNOW, ONE OF THE BIG QUESTIONS WE HAD IS, WHERE DOES THE EPA STACK UP? OHIO EPA STACK UP COMPARED TO OTHER STATE EPA PROCESSES AND CONFIRMED FROM SEVERAL DIFFERENT SOURCES IN CALLS AND MEETINGS THAT THEY'RE ONE OF THE MOST RIGOROUS PROCESSES AS COMPARED TO OTHER STATES. SO WE CAN TAKE SOME OF THOSE STANDARDS, TOO, AND TAKE SOME OF THOSE EXPERTS, BRING THEM TO BE A PART OF THAT COMMITTEE, WHICH IS MADE UP OF RESIDENTS, RIGHT, THE STEERING COMMITTEE, AND REALLY COME UP WITH SOME MEANINGFUL OBJECTIVES COMING OUT OF THE OUT OF THAT PLAN. WHAT'S THE WHAT'S THE TIMELINE FOR THAT PLAN? SO THE SERVICE DEPARTMENT I'M SPEAKING FOR STEVE NOW, THE SERVICE DEPARTMENT IS IN THE PROCESS OF WRITING AN RFP. NOW, WE HOPE THAT IF COUNCIL APPROVES IT IN THE BUDGET, THAT THE RFP WOULD BE ISSUED JANUARY BY THE END OF JANUARY, AND A CONSULTANT WOULD BE CHOSEN BY THE END OF THE FIRST QUARTER STEERING COMMITTEE FORMED. I MEAN, WE HAD 45 PEOPLE IN THE LAST STRATEGIC PLAN STEERING COMMITTEE, THE 62 COMMITTEE. WE HAVE SOME MEMBERS HERE IN THE AUDIENCE HAD, YOU KNOW, 20 SOME PEOPLE IT'S, YOU KNOW, AGAIN, WE'VE BEEN WORKING HARD SINCE 2025 TO NAVIGATE THROUGH THIS PROCESS, UNDERSTAND WHAT OUR LEGAL CONSTRAINTS ARE, YET STILL TRYING TO GET FEEDBACK FROM BOARD MEMBERS, RESIDENTS AND TRYING TO, YOU KNOW, CONTINUE TO, TO DO BETTER AT THIS. RIGHT. WE CAN ALWAYS DO BETTER. AND SO THE PLAN WILL ENABLE US TO GET A LOT OF PUBLIC INPUT AND DO THE REGULAR PROCESS THAT WE DO IN ORDER TO ENGAGE THE PUBLIC AND WHAT'S IMPORTANT TO THEM. YEAH, I THINK THE STEERING COMMITTEE SOUNDS LIKE OBVIOUSLY A REALLY VALUABLE EXERCISE. I WOULD FEEL A LOT MORE COMFORTABLE ABOUT THE AIR QUALITY IN THE COMMUNITY IF WE HAD MONITORING GOING WHEN THE PLANTS BECAME ACTIVE. PERSONALLY, JUST BEING RESPECTFUL OF MR. WILLIAMS TIME. JUST ONE LAST QUESTION. WE TALKED A LITTLE BIT ABOUT STAINING AND NOT THIS IS A LAW SCHOOL CLASS, BUT STAINING MEANS WHO HAS THE LEGAL RIGHT TO DO SOMETHING, WHO HAS THE LEGAL RIGHT TO INTERVENE INTO ONE OF YOUR APPLICATIONS? SURE. WE HAVE A STATUTE THAT ADDRESSES THAT. BASICALLY, YOU HAVE TO HAVE A FACTUAL NEXUS TO THE CASE. THERE ARE STRICT TIME PARAMETERS AS WELL. THEY DON'T SNEAK UP ON ANYBODY WHO'S PAYING ATTENTION. SO TYPICALLY THE ADMINISTRATIVE JUDGE, WHEN HE SETS THE FINAL RECORD FOR THE PUBLIC HEARING, THE EVIDENTIARY HEARING WILL ADVISE ANYBODY WHO'S INTERESTED. HERE'S YOUR DEADLINE FOR INTERVENTION IN REGARD TO CASES THAT ARE IT'S CONTROLLED BY STATUTE. I BELIEVE IT'S ROUGHLY 45 OR 60 DAYS AFTER THE APPLICATION IS FILED. YOU CAN DETERMINE THAT. COUNSEL. ANY LAST FOLLOW UP QUESTIONS? I JUST I JUST WANT TO MAKE SURE WHAT WE'RE SAYING IS VERY CLEAR THAT WHEN WE INTERVENE, IT'S ONLY WITH THE THINGS THAT WE HAVE THE AUTHORITY TO, TO TALK ABOUT.

AND IT'S NOT WE CAN'T STOP YOU FROM APPROVING ONE OF THESE CENTERS BECAUSE WE DON'T WANT IT. THAT'S NOT AN INTERVENTION THAT WE CAN MAKE. WE CAN TALK ABOUT THE THINGS THAT WE HAVE THE AUTHORITY TO DO, WHICH IS VERY LIMITED. THE EPA IS GOING TO COVER AIR QUALITY, AG IS GOING TO COVER AGRICULTURE. ALL THESE OTHER PLACES ARE GOING TO COVER THEIR THING. WE'RE COVERING THINGS LIKE, I HOPE MAYBE SOME SOUND, CERTAINLY ESTHETICS, STORMWATER MANAGEMENT, RIGHT? YEAH. WE HAVE WHERE WE CAN INTERVENE IS VERY LIMITED. CORRECT. AT THE END OF THE DAY, RESPECTFULLY, THE BOARD HAS PRIMACY. AND SO THERE'S THERE'S NOTHING AS AN INTERVENER THAT TAKES AWAY THAT PRIMACY. OKAY. ALL RIGHT. WELL, MR. WILLIAMS, THANK YOU AND YOUR TEAM FOR JOINING US THIS EVENING. I APPRECIATE YOU GIVING US AN UPDATE ON THIS PROCESS AND WISH YOU A GOOD EVENING. THANK YOU FOR HAVING US. AND THANK YOU FOR ALL OF YOUR ASSISTANCE IN THESE CASES. WE APPRECIATE IT. THANK YOU. THANK YOU. ALL RIGHT. WELL, LADIES AND GENTLEMEN, WE'RE STILL UNDER HEARING OF VISITORS. IT LOOKS LIKE WE HAVE A NUMBER OF INDIVIDUALS WHO WOULD BE INTERESTED IN DISCUSSING WITH COUNCIL A MATTER. I GUESS WE CAN CONSIDER THIS ON OUR AGENDA THIS EVENING. SO WE HAVE A NUMBER OF SPEAKERS AGAIN JUST

[00:55:05]

AND, MAYOR, BEFORE YOU CALL THE FIRST SPEAKER. YES. MR. MR. CITY ATTORNEY. YEAH, YEAH. SO ALTHOUGH I'M NOT INVOLVED, I KNOW THERE AND WE DISCUSSED TODAY SEVERAL MATTERS STILL PENDING BEFORE THE SITING BOARD. AND I KNOW OUR COUNCIL WILL PERIODICALLY ASK STAFF QUESTIONS IN RESPONSE TO COMMENTS FROM THE PUBLIC. BUT IN LIGHT OF OUR PARTICIPATION, INTERVENING AND TRYING TO NEGOTIATE SOLUTIONS TO CERTAIN ISSUES AND MATTERS PENDING BEFORE THE BOARD, I GUESS I WOULD ENCOURAGE COUNCIL NOT TO ASK STAFF QUESTIONS THIS EVENING, SO AS NOT TO PUT THEM IN THE DIFFICULT POSITION OF TRYING TO PROVIDE A STATEMENT OR TESTIMONY ABOUT SOMETHING THAT MAY IMPACT THE MATTER PENDING BEFORE THE BOARD. YEAH, THAT'S A THAT'S A GOOD REMINDER. THIS IS, AGAIN, A VERY ACTIVE YOU KNOW, IT'S LITIGATION, LET'S CALL IT WHAT IT IS. SO AGAIN, COUNCIL'S EFFORT TONIGHT IS TO IS TO LISTEN TO THE PUBLIC, HEAR YOUR CONCERNS. WE MAY NOT BE ABLE TO ADDRESS THEM ALL THIS EVENING, BUT WE'LL WE'LL TAKE NOTES. AND AS THOSE OPPORTUNITIES COME FOR US TO PROVIDE CLEAR FEEDBACK ON THE QUESTIONS THAT HAVE BEEN RAISED, WE WILL DO SO AS QUICKLY AS POSSIBLE. FIRST UP IS KATHY BECKER, AND NEXT IS TAMARA DAVIS. IF YOU COULD. WHEN YOU COME TO THE PODIUM, I KNOW THE CLERK WILL ASK, JUST STATE YOUR NAME AND YOUR ADDRESS, AND THE FLOOR IS YOURS. THANK YOU SO MUCH. MY NAME IS KATHY BECKER, AND MY ADDRESS IS 5693 ARISTOCRAT DRIVE, HILLIARD, OHIO. AND I LEFT WITH YOU A COPY OF THE LONGER REMARKS, BUT I'M GOING TO TRY TO JUST HIT THE HIGHLIGHTS HERE SINCE WE'VE ONLY GOT A FEW MINUTES. SO I'M BOARD PRESIDENT OF AN ORGANIZATION CALLED SAVE OHIO PARKS. IT'S A NONPROFIT FOUNDED BY OHIO CITIZENS AFTER THE STATE LEGISLATURE PASSED A LAW KICKSTARTING FRACKING OF OUR STATE PARKS AND OUR PUBLIC LANDS. SO SINCE THEN, WE'VE HELPED OHIOANS SUBMIT ABOUT 10,000 COMMENTS ABOUT FRACKING OF OUR STATE PARKS AND WILDLIFE AREAS. AND THESE COMMENTS WERE ON 98 TO 100% OPPOSED. IN 2026, WE NOTICED A SHARP UPTICK IN THE AMOUNT OF PUBLIC LAND APPROVED FOR FRACKING OVER 15,000 ACRES IN TWO MEETINGS JUST THIS YEAR. AND WE LEARNED FROM COMMENTS FROM THE HOUSE SPEAKER AND SENATE PRESIDENT TO THE OHIO OIL AND GAS ASSOCIATION THAT THIS WAS BASICALLY THE GAS WAS TO POWER FOR GAS PLANTS, TO POWER DATA CENTERS. THIS HIT ME PERSONALLY THIS PAST YEAR WHEN THE LARGEST GAS FUEL CELL OUTSIDE OF KOREA WAS APPROVED TO POWER AN AMAZON DATA CENTER IN HILLIARD, IT WILL EMIT 1.5 MILLION POUNDS OF CARBON DIOXIDE A DAY NEXT TO A LARGE NEIGHBORHOOD PARK AND SCHOOL, AND IT WAS APPROVED THROUGH THE ACCELERATED PROCESS DISCUSSED PREVIOUSLY WITH NO PUBLIC HEARING. AND MOST PEOPLE DIDN'T KNOW WHAT WAS HAPPENING UNTIL AFTER IT WAS ALL DONE. THEN I THINK WE ALSO DISCUSSED HOUSE BILL 15, THE COMPREHENSIVE ENERGY LEGISLATION, AND HOW IT SET UP THE PROCESS FOR APPROVING GAS PLANTS. SINCE THAT WAS SIGNED INTO LAW, 12 MAJOR GAS PLANTS HAVE BEEN PROPOSED AND APPROVED OUR DATA IN OHIO, AND SEVEN OF THOSE ARE IN NEW ALBANY. ALL SEVEN ARE NOT USING THE BEST AVAILABLE TECHNOLOGY. SO WE BELIEVE THE BEST AVAILABLE TECHNOLOGY IS SOLAR, WIND AND BATTERIES THAT DON'T CREATE TOXIC EMISSIONS, THAT CHANGE OUR CLIMATE AND MAKE PEOPLE SICK. BUT IF YOU HAVE TO USE GAS, THE BEST AVAILABLE IS A FUEL CELL, POSSIBLY, OR A COMBINED CYCLE TURBINE. BUT THESE ARE ALL SIMPLE CYCLE TURBINES. THEY BURN THE GAS FOR ONE TURBINE. THEY EMIT POLLUTION AND HEAT OUT AT ABOUT 800 DEGREES. AND THEN ALSO THE RECIPROCATING INTERNAL COMBUSTION ENGINES LIKE A CAR ENGINE ONLY THE SIZE OF A SCHOOL BUS. AND THE POLLUTION IS IMMENSE. SO WE LOOKED UP THE AIR PERMIT APPLICATIONS OF THESE GAS PLANTS. SO THESE ARE THEIR OWN NUMBERS. AND I HAVE A HANDOUT THAT HAS A TABLE WITH ALL OF THESE NUMBERS OF ALL OF THE DIFFERENT POLLUTANTS, THEY ADD UP JUST THE ONES THAT NEW ALBANY TO 11.9 MILLION TONS OF GREENHOUSE GAS POLLUTION POTENTIAL. AND THAT'S ABOUT AS

[01:00:06]

IT'S GONE BEYOND WHAT I THINK ANYONE WHO WANTS. AND I GUESS YOU GUYS ARE LEARNING AND THIS

[01:05:08]

THANK YOU, MISS DAVIS. GOOD EVENING. I'M MARK MALIK. I LIVE AT SEVEN FIVE, NINE ONE LAMBTON PARK ROAD, NEW ALBANY, OHIO. I'VE BEEN A RESIDENT OF NEW ALBANY FOR 27 YEARS. I'M HERE TO SPEAK IN OPPOSITION TO THE GAS POWER PLANTS PROPOSED FOR THE AI DATA CENTERS. I'M AWARE OF THE ARGUMENT FOR THE DATA CENTERS FROM BIG BUSINESS INTERESTS. I HEARD FROM THE REPRESENTATIVES OF THE TRADE UNIONS AT THE OCTOBER 22ND OPPOSITION HEARING BEFORE THE SITING BOARD. I ALSO AM VERY AWARE OF THE HOUSE BILL 15 THAT PERMITTED EXPEDITED APPROVAL OF GAS POWER PLANTS THAT NEARLY UNANIMOUSLY APPROVED IN THE STATE SENATE AND THE HOUSE OF REPRESENTATIVES BY BOTH REPUBLICANS AND DEMOCRATS. THAT BILL WAS APPROVED UNANIMOUSLY.

BOTH SIDES DROPPED THE BALL. NOW, FROM OUR LOCAL GOVERNMENT, I HAVE TO SAY I WOULD HAVE EXPECTED BETTER. AND I HEARD I HEARD THE FACT THAT I'VE HEARD THE EFFORTS TO DISTANCE THE CITY COUNCIL AND OUR LOCAL LEADERSHIP FROM THE DECISION MAKING AND FROM WHAT THE OHIO SITING BOARD. THEIR DECISIONS. HOWEVER, FROM OUR LOCAL GOVERNMENT, WHAT I'D ASK NOW IS YOU LISTEN TO OUR COMMUNITY. THE PEOPLE HERE ARE JUST THE TIP OF THE ICEBERG. WE LIVE IN A COMMUNITY THAT SUPPOSEDLY PRIDES ITSELF ON COMMUNITY HEALTH. HOW MANY TIMES HAVE WE HEARD THE PHRASE HEALTHY NEW ALBANY? CLEARLY, DATA CENTERS ARE A HUGE FACTOR. WE FEEL IT TODAY. JUST WATCH WHAT'S GOING ON WITH THE ELECTIONS. MANY CITIES ARE ASKING FOR MORATORIUMS ON THESE DATA CENTERS. WE'RE NOT. THEY'RE ALREADY HERE. WE ARE ASKING TODAY TO HAVE DATA CENTERS THAT ARE POWERED BY CLEAN ENERGY, THAT WILL NOT COMPROMISE THE HEALTH OF OUR COMMUNITY. FOR ME, HEALTH IS WEALTH. THESE GAS POWER PLANTS DO NOT USE THE LATEST TECHNOLOGY. THEY PRODUCE SMOG AND AIR TOXINS LIKE VOLATILE ORGANIC COMPOUNDS THAT ARE HARMFUL TO OUR HEALTH. THE OTHER IMPORTANT ISSUE IN OUR COMMUNITY IS RADON. THE EPA MAP OF RADON ZONES WAS DEVELOPED IN 1993 TO IDENTIFY AREAS IN THE US WITH POTENTIAL FOR ELEVATED RADON LEVELS. NO. FRANKLIN AND LINCOLN COUNTIES ARE CONSIDERED ZONE ONE, MEANING THEY ARE IN ZONES WITH THE HIGHEST POTENTIAL FOR RADON. WHY IS THE DISCUSSION OF RADON IMPORTANT HERE? IT IS THE NUMBER ONE CAUSE OF LUNG CANCER FOR NONSMOKERS, AND THE SECOND LEADING CAUSE OF CANCER IN SMOKERS. THE EPA HAS SET THE ACTION LEVEL FOR RADON AT FOUR PICOCURIES, MEANING YOU SHOULD GET RADON MITIGATION SYSTEM INSTALLED TO LOWER YOUR RISK OF LUNG CANCER. THE OHIO DEPARTMENT OF HEALTH WEBSITE WILL SHOW YOU THAT 45% OF HOMES IN FRANKLIN COUNTY, 51% IN LINCOLN COUNTY, WILL HAVE RADON LEVEL OF OVER FOUR PICOCURIES.

I SHOULD REMIND YOU THAT WE HAVE EXPERIENCED THE SERIOUS EFFECTS OF CLIMATE CHANGE OURSELVES. I WILL REMIND YOU. JULY 17TH OF THIS YEAR, OUR AIR QUALITY REACHED A RECORD SHATTERING HAZARDOUS LEVEL DUE TO HEAVY SMOKE DRIFTING FROM THE CANADIAN WILDFIRES. NOTE THE AIR QUALITY INDEX WAS 554. THE SHATTERED THE PREVIOUS RECORD OF 208. IN SUMMARY, WE LIVE IN A COMMUNITY ALREADY AT RISK FOR LUNG CANCER SECONDARY TO RADON. WE DO NOT NEED GAS POWERED PLANTS PRODUCING HARMFUL TOXINS. AND IT'S NOT JUST THE MOST VULNERABLE IN THE COMMUNITY, SUCH AS A CHILD WITH ASTHMA OR AN ELDERLY PERSON WITH EMPHYSEMA. THE COMBINATION OF RADON EXPOSURE IN OUR COMMUNITY AND THESE GAS POWER PLANTS ARE HARMFUL TO

[01:10:03]

SO I, I TAKE OFFENSE TO THAT, THAT YOU REALLY WANT TO HEAR OUR WORDS. I ALSO HEARD THAT EPA OPINIONS CAN MATTER, BUT I HAVEN'T HEARD THAT THERE HAS EVER BEEN AN OFFICIAL EPA REPORT SUBMITTED TO THE BOARD OR TO THE VILLAGE FOR ACCEPTANCE OR RECOMMENDED DENIAL. TO GET BACK ON TOPIC. META HAS ADDED 500, HAS MET, HAS ALREADY BEEN APPROVED TO BUILD THREE GAS FIRED POWER PLANTS. THE FOURTH WILL ADD 500W FOR A TOTAL OF 1001.1GW.

THE LARGEST DATA CENTER META HAS IS LOCATED SOUTH OF STATE ROUTE 161. TO PUT THAT THAT LARGE POWER PLANT IN PERSPECTIVE, THEY ADVERTISE THAT PLAN AS BEING A GIGAWATT, ONE GIGAWATT DATA CENTER. AND THEN LET'S SEE, TO PUT THAT IN PERSPECTIVE, TWO HOUSEHOLDS, ONE GIGAWATT EQUATES TO 800,000 HOUSEHOLDS. IT SOUNDS LIKE WE'RE TAKING THIS NONCHALANTLY ABOUT THE THIS SIZE AND OF THESE DATA CENTERS ARE BEING BUILT. AND I'M TOLD THAT THERE WAS THREE OTHER POWER CENTERS THAT HAVE BEEN APPROVED OTHER THAN META, WHICH PUSHED THE TOTAL POWER PROVIDED TO LIKE 1.9GW, WHICH IS AGAIN, MORE THAN IS IN THE ENTIRE COLUMBUS METROPOLITAN HOUSES. I LOOKED THAT UP AND THERE'S LIKE 950,000 HOUSES IN METROPOLITAN AREA. THIS IS NOT SOMETHING TO TAKE LIGHTLY. AND IT SOUNDS LIKE THE THE VILLAGE AND THE CITY BOARD HAS DONE THAT. CURRENTLY, THERE'S 40 DATA CENTERS IN NEW ALBANY IN OPERATION. THERE'S ANOTHER 28 DATA CENTERS, I BELIEVE, THAT IS IN CONSTRUCTION. I QUESTION THE QUANTITY BECAUSE I REMEMBER LOOKING AT AMAZON'S WEB SERVICES, AND THEY SHOWED 52 STRUCTURES JUST IN ONE SITE, A 500 ACRE SITE OFF BEACH ROAD. BUT THAT'S NOT WHAT CONCERNS ME.

WHAT CONCERNS ME IS THE AMOUNT OF ENERGY THESE DATA CENTERS CONSUME, AND WE HAVE NOT SEEN THOSE NUMBERS. BUT I HAVE TO BELIEVE THAT THOSE NUMBERS HAVE ALREADY. MUCH WILL BE. I BELIEVE THAT NEW ALBANY AND THE DEVELOPER PROBABLY HAVE ALREADY ESTIMATED THE REQUIREMENTS BEFORE THE LAND WAS EVEN MARKETED TO THE HIGH TECH COMPANIES. I BELIEVE THE FREEDOM OF INFORMATION REQUEST IS WOULD BE A WARRANTED. HERE TO FIND OUT WHAT INFORMATION IS AVAILABLE THAT SHOWS WHAT WE'RE TALKING ABOUT IN TERMS OF CONSUMPTION OF POWER IN THE FUTURE. TO. THE CONCRETE. AND I CAN ASSURE YOU THAT WITH THE CURRENT RATE WE'RE GOING WE'RE GOING TO EXCEED MAX OUT THE CURRENT NETWORKS, NOT ONLY FOR OUR ELECTRIC POWER GRID, BUT ALSO FOR OUR GAS POWER GRID. WHAT I'M HEARING FROM THE PUBLIC, AND AGAIN, I WISH MORE OF YOU WOULD HAVE ATTENDED THE CITY BOARD PUBLIC HEARINGS IS. THEY ARE LOOKING FOR US TO PURSUE, LIKE RENEWABLE ENERGY. AND I GUESS THAT THE OHIO STATE LEGISLATOR AND THE OHIO CITY BOARD DOES NOT HAVE A GOOD REPUTATION WHEN IT COMES TO. RENEWABLE ENERGY, BECAUSE IN.

[01:15:07]

OKAY. THE CURRENT FIRE POWER POWER PLANTS TARNISH THE HEALTHY NEW ALBANY BRAND FOR ME.

I AM CURRENTLY LIVING WITH RESPIRATORY PROBLEMS, AND EMISSIONS WILL EXACERBATE THE PROBLEM. THIS WILL BE THE CARBON OF POWER PLANTS THAT WILL BE REJECTED. OKAY, I AND I, I JUST THINK THAT THIS, IF IT CANNOT BE DENIED, AT LEAST SHOULD BE POSTPONED UNTIL A FORMAL EPA REPORT CAN BE ISSUED ON HOW IT WOULD AFFECT OUR ENVIRONMENT AND OUR HEALTH.

THANK YOU. THANK YOU, JOE. THANK YOU JOE. ALL RIGHT. EMMA WANG AND THEN NEXT UP, AND I APOLOGIZE IF I. SHEILA PHILLIPS HOPE I GOT IT RIGHT. HELLO, I'M EMMA WAYNE, I LIVE AT 40, 40, 40, 46 CHELSEA GREEN EAST, JUST A COUPLE MILES FROM HERE. I'VE LIVED HERE FOR ABOUT FOUR, FIVE YEARS NOW. I CHOSE THIS COMMUNITY. I IT APPEARED TO BE THE MOST IDYLLIC COMMUNITY I'VE EVER SEEN. I'M A MEMBER OF THE CYCLING COMMUNITY, AND IN A SHORT AMOUNT OF TIME, I'VE SEEN AN INCREDIBLE AMOUNT OF JUST DESTRUCTION AND DEVASTATION OUT IN THIS AREA THAT WE RIDE IN.

AND I JUST REALLY, WE NEED TO CONSIDER THE WAY THAT THEY'RE BUILDING THESE. MY UNDERSTANDING IS THEY'RE RUSHING THROUGH 30 SEPARATE GAS ENGINES AND DIESEL TURBINES.

INSTEAD OF USING THE BEST AVAILABLE TECHNOLOGY. DOING THINGS QUICK IS MORE IMPORTANT THAN DOING THEM THE RIGHT WAY. I HOPE THAT MY COMMUNITY DOESN'T CONTINUE TO GET DESTROYED AND TAKEN DOWN, AND I'M CONCERNED ABOUT THE HEALTH OF MYSELF, MY COMMUNITY AND THE SCHOOL. THAT'S RIGHT DOWN HERE JUST A COUPLE MILES AWAY. SO I HOPE YOU CONSIDER DOING MORE THAN WHAT WE'RE DOING NOW. THANK YOU. ALL RIGHT, SHEILA AND THEN RYAN. YEAH. DON'T LEAVE THAT BEHIND. WE HAVE A SMALL COLLECTION OF WATER. YEAH, WELL, IT'S NOT PLASTIC. RIGHT.

SO ALUMINUM. AND IF YOU. PHILLIPS. I LIVE AT THREE, SIX, EIGHT, THREE FARLEY COURT GROVE.

AND MY HUSBAND AND I HAVE LIVED HERE OVER 25 YEARS. WE'VE RAISED OUR TWO BOYS HERE AND WE STAY EVEN THOUGH THEY'RE GONE BECAUSE WE LOVE THE COMMUNITY. WE LOVE MOVED HERE BECAUSE OF THE PARKS AND THE WALKING PATHS. AND I'M AN AVID WALKER AND I'VE RIDDEN IN PELOTONIA AND WE, THE HEALTHY LIFESTYLE, HEALTHY WELLBEING, THE WHOLE BIT, VOLUNTEERED FOOD PANTRY. AND I JUST FOUND OUT ABOUT THIS ABOUT A WEEK AND A HALF AGO, THAT THE DATA CENTERS WERE GOING TO BE POWERED BY GASOLINE GAS, AND THAT WAS VERY CONCERNING BECAUSE OF ALL THE CONTAMINANTS IN THE POLLUTION AND THE CONTAMINANTS. YOU KNOW, I DON'T KNOW OF ANY SAFE QUANTITY OF AMMONIA OR BENZENE OR PARTICULATE MATTER TO BREATHE. AND PUTTING A CHILDREN'S HOSPITAL NEXT TO SOME OF THIS, WHICH IS CONCERNING. IT'S ALMOST TO ME HYPOCRITICAL THAT

[01:20:05]

THEN I DON'T KNOW WHERE YOU GUYS LOST YOUR WAY, BUT YOU DID. SO ON JUNE 23RD, THE CITY FILED AN INTERVENTION. AND POWER CONNECTS, I GUESS, X THREE BECAUSE IN ITS OWN WORDS, THIS PROJECT WAS, QUOTE, A MATTER OF PUBLIC INTEREST AND A PUBLIC IMPORTANCE TO THE RESIDENTS OF NEW ALBANY. IT IDENTIFIED PLANNING, ENVIRONMENTAL, LOGISTICAL AND OPERATIONAL ISSUES. I THINK THIS MEETING IS THE FIRST. I THINK WE ALL KNOW THAT ON NOVEMBER 2ND, THAT WAS YESTERDAY AT 1:24 P.M. THE DOCKET FOR THIS MATTER WITH THE OSB HAS A FILED STIPULATION THAT THE CITY OF NEW ALBANY ALREADY AGREED TO. IN IT. BASICALLY SAY YOU SUPPORT THE OSB MOVING FORWARD AND APPROVING THE PERMIT YOU NEVER GAVE YOUR RESIDENTS. YOU NEVER GAVE YOUR CITIZENS ONE OPPORTUNITY TO COME IN HERE AND ADDRESS YOU. I SENT TO ALL OF YOU A MOTION. NONE OF YOU RESPONDED TO IT. I WANT TO KNOW WHO AUTHORIZED THE CITY TO SIGN THAT STIPULATION. WELL, ANY OF YOU ANSWERED. OKAY, WELL, I DID FILE INFORMATION REQUEST. WE'LL SEE WHAT THAT COMES BACK WITH. SO YOU'RE NOT GOING TO SAY WHEN YOU AUTHORIZE IT OR UNDER WHAT AUTHORITY YOU AUTHORIZE IT TODAY, IS THAT RIGHT? I'LL JUST TAKE A YES. RESIDENTS SPOKE AT THE OCTOBER 22ND STATE HEARING, BUT ADDRESSING THE STATE JUDGE IS NOT THE SAME AS ADDRESSING OUR ELECTED COUNCIL ABOUT THE CITY'S PROPOSED ENDORSEMENT. AGAIN, WHAT OPPORTUNITY DID THE RESIDENTS HAVE TO ADDRESS THAT ENDORSEMENT BEFORE THE CITY COMMITTED TO IT? WE CANNOT VOTE AN OUTSIDE ATTORNEY OUT OF OFFICE. WE CAN'T VOTE YOU ALL OUT AND WE ELECTED YOU. I REALLY WISH THAT YOU GUYS WOULD TAKE THE MOTION THAT I SENT TO YOU AND VOTE ON IT TODAY. IF YOU. WHY ARE YOU GUYS SO AFRAID TO DO THAT? WHY CAN'T YOU GET UP IN FRONT OF THESE PEOPLE AND SAY, FROM A COUNCIL'S PERSPECTIVE, WHO IS APPROVING. THE AGREEMENT OF THAT STIPULATION? IF IT'S SUCH A GREAT THING FOR THE CITY, IT HAS OUR NAME ON IT. WHY WILL YOU NOW NOT TAKE THAT VOTE? ANYWAY? I REQUEST A ROLL CALL. VOTE ON THAT MOTION WITH EACH MEMBER'S VOTE ENTERED INTO THE MINUTES, I'LL MAKE ALL THE PUBLIC RECORDS PUBLIC. ANYBODY

[01:25:01]

MY ADDRESS IS 5071. CLOSED COURT HERE IN NEW ALBANY. SO I'VE BEEN A RESIDENT IN THE COMMUNITY FOR 27 YEARS. MY WIFE AND I HAVE RAISED THREE BOYS HERE. I'M ALSO A FAMILY MEDICINE PHYSICIAN. I'VE BEEN PRACTICING SEEING PATIENTS IN MY PRACTICE IN LINCOLN COUNTY FOR 27 YEARS AS WELL. I DO WANT TO THANK COUNCIL FOR GIVING US AN OPPORTUNITY TO SPEAK ABOUT THE HEALTH IMPACTS OF THE PROPOSED POWER PLANT. GAS POWER PLANT. THE GAS POWER PLANTS HAS BEEN CITED USING THE RECIPROCAL INTERNAL COMBUSTION ENGINES, LIKE THE POWER THREE OR THE SINGLE CYCLE TURBINE TURBINES, LIKE THE NEW POWER GENERATING FACILITY, HIGHLY INEFFICIENT AND EXTREMELY POLLUTING, THERE ARE NUMEROUS POLLUTANTS EMITTED BY THESE BY THESE PLANTS, BUT

[01:30:06]

AND OVER 30 YEARS, 1.5 BILLION TO $3 BILLION. THAT ALSO CORRESPONDS WITH 3 TO 7 PREMATURE DEATHS IN THAT COMMUNITY PER YEAR, 17 TO 33 PREMATURE DEATHS OVER FIVE YEARS AND 102 TO 195 PREMATURE PREMATURE DEATHS OVER THREE YEARS. THAT STUDY IS BASED ON THE POWER PLANTS THAT POWER PLANT, NORTHERN VIRGINIA. THEIR PERMITTED EMISSIONS OF 57 TONS PER YEAR OF PARTICULATE MATTER. 2.5. THE POWER PLANT ALONE. THAT'S GOING TO GO UP AND LOOK AT THE APPLICATION. IT SAYS RIGHT THERE, THEY ARE PERMITTED EMISSIONS OF 178 TONS PER YEAR OF PARTICULATE MATTER, 2.5. THAT'S THREE TIMES THE AMOUNT OF THIS PLANT IN NORTHERN VIRGINIA. BASED ON THE STUDY, THE PLANT 197 PARTS PER MILLION TONS PER YEAR. EXCUSE ME, PARTICULATE MATTER 2.5. IF YOU COMBINE ALL THREE, ALL SEVEN OF THE PLANTS THAT ARE IN THE BUSINESS PARK, EITHER UNDER CONSTRUCTION, CURRENTLY OPERATING OR AWAITING OR PENDING APPROVAL, THAT'S 766 TONS OF PARTICULATE MATTER, 2.5, WHICH IS 14 TIMES THE AMOUNT FOUND IN THAT STUDY. THE BIGGEST WE RECOGNIZE THE BIGGEST IMPACT OF FINE PARTICULATE MATTER IS WITHIN A . VILLAGE HALL WE'RE SITTING RIGHT NOW IS 4.9 MILES FROM THE PROPOSED POWER THREE SITES. NEW ALBANY ELEMENTARY SCHOOL IS 4.8 MILES FROM THE PROPOSED SITE, AND BETHLEHEM PARK, WHERE OUR KIDS PLAY BASEBALL, SOCCER, FOOTBALL AND THE NEW COMMUNITY CENTER 3.5 MILES FROM THE SITE, WHICH IS GROUND ZERO. I KNOW THAT AFTER HEARING ALL THIS, I'M NOT SURE WHAT THE CITY CAN DO. I MEAN, INTERVENORS YOUR LEGAL AVENUES ARE LIMITED.

THERE IS AN EVIDENTIARY HEARING TOMORROW BEFORE THE POWER SITING BOARD, AND THEY'RE LETTING MORE PUBLIC TESTIMONY FROM FOLKS WHO DID NOT TESTIFY AT THE PUBLIC HEARINGS EARLIER THIS MORNING. I REALLY DON'T KNOW WHAT THE CITY CAN DO AT THIS POINT. MAYBE HAVING SOMEONE THERE HEARING FOR THEIR OWN PUBLIC TESTIMONY ON BEHALF OF THE CITIZENS OF NEW ALBANY.

SO THIS IS NOT A GOOD IDEA. THE POWER SITING BOARD STAFF HAS RECOMMENDED APPROVAL OF THIS TO THE POWER SIDING. THE BOARD STILL HAS TO DECIDE, SO I HOPE WE CAN STILL MAKE A DIFFERENCE AND MAKE A CHANGE. THANK YOU. THANK YOU DOCTOR. ALL RIGHT. AND UP NEXT IS MICHELLE MALIK.

HI. MY NAME IS LAURIE SHETLER. I ALSO LIVE AT 5071 CLOSE COURT. ALSO FOR 27 YEARS. I ALSO WORK

[01:35:08]

I KNOW A LOT OF YOU. I'M TRUSTING YOU. I HAVE FAITH IN YOU GUYS TO DO THE RIGHT THING.

I DON'T KNOW WHAT YOU CAN DO, BUT I WANT YOU TO FIGHT LIKE HELL. LIKE PEOPLE. ANY OF YOU WHO'VE HAD CANCER GOTTA FIGHT LIKE HELL FOR THAT. I WORK WITH PEOPLE WHO HAVE CANCER. I'VE BEEN BLESSED SO FAR. TIME CANCES TOUCHED OUR LIVES. BUT I'M SORRY, SUDANESE FAMILY. WE HAVE A LOT OF FAMILY MEMBERS WHO'VE DIED. PERSONALLY, THIS IS MY FIRST FAMILY MEMBER, AND IT'S HARD. I DON'T WANT ANYBODY'S CHILDREN TO GO THROUGH THAT. I DON'T WANT ANYONE'S LOVED ONES.

Y'ALL ARE WITHIN THE 3 TO 5 MILE RADIUS, MOST ALL OF YOU. THAT'S THE FALLOUT ZONE. AND THIS IS NOT HYPERBOLE. IT'S NOT HYPERBOLE. THE FACTS ARE THERE. WE KNOW WHAT'S GOING TO HAPPEN.

FIVE HAVE ALREADY BEEN APPROVED. WE HAVE AN OPPORTUNITY MAYBE TO STOP TWO OF THEM. I WANT TO HELP. WE'RE ADVOCATES FOR HEALTH. SO IF YOU GUYS NEED A BOARD, I DON'T KNOW. I'M NOT A POLITICAL PERSON, BUT I'M BECOMING AWARE BECAUSE IT AFFECTS US. THE SOCIAL DETERMINANTS OF HEALTH AFFECT US. THAT MEANS WE HAVE TO BE AWARE OF OUR POLICIES AND POLITICIANS AND OUR WHAT'S HAPPENING BEHIND THE SCENES WHEN WE GET INTO IT. IT'S REALLY OVERWHELMING AND IT'S FRUSTRATING AND IT'S STRESSFUL AND IT'S ANXIETY PROVOKING. SO YEAH, IT JUST, YOU KNOW, SPEAKING FROM THE HEART, I JUST, I DON'T KNOW BUT I BEG YOU TO PLEASE DO SOMETHING HONESTLY, LIKE WE'RE TRUSTING YOU. LIKE THERE'S A LOT OF, THERE'S A LOT OF PEOPLE THAT LIVE HERE BECAUSE WE ARE SUPPOSED TO BE THE HEALTHIEST COMMUNITY IN THE, IN THE NATION. THAT WAS OUR HEALTHY NEW ALBANY MAGAZINE. PHIL HITE IS A GOOD FRIEND OF MINE. HE WOULD HAVE BEEN HERE IF HE COULD TO SPEAK OUT. BUT IT IS, I THINK SOMEONE MENTIONED IT'S HYPOCRITICAL. THAT'S HEARTBREAKING. IT KIND OF IS. YOU LOOK LIKE A JOKE.

LIKE HONESTLY, PEEL BACK THE LAYERS. PEOPLE COME HERE AND MOVE HERE. IT'S GOING TO AFFECT OUR PROPERTY VALUES. I DON'T UNDERSTAND THAT EITHER. I'M GOING TO STOP TALKING. BUT

[01:40:02]

WE LOVE THIS COMMUNITY. I WANT TO REMIND EVERYBODY IN THIS ROOM ABOUT THE FOUR FOUNDATIONAL PILLARS OF NEW ALBANY, OHIO, WHICH GUIDE THE CITY'S MASTER PLANNING, COMMUNITY DEVELOPMENT AND CIVIC ORGANIZATION. ONE IS LIFELONG LEARNING, TWO, ARTS AND CULTURE.

NUMBER THREE, HEALTH AND WELLNESS. AND NUMBER FOUR IS ENVIRONMENTAL SUSTAINABILITY.

IT WAS ONLY IN RECENT WEEKS THAT I EVEN FOUND OUT ABOUT WHAT'S GOING ON IN THIS COMMUNITY. I UNDERSTAND THAT THE CITY HAS A WEB PAGE ON THESE POWER PLANTS AND DATA CENTERS, BUT GIVEN THE NUMBER AND SCALE OF THESE PLANTS, DID IT EVER OCCUR TO THE CITY ADMINISTRATION AND CITY COUNCIL THAT THEY OUGHT TO HOLD SOME KIND OF A LOCAL MEETING WITH RESIDENTS TO DIRECTLY EXPLAIN THE PROJECTS, AND SPECIFICALLY THE REGULATORY PROCESS, AND GATHER SOME COMMUNITY INPUT? IT IS EXHAUSTING TO EVEN STATE REGY PROCEEDINGS, BUT I RECENTLY LEARNED ABOUT THE JOINT STIPULATIONS THAT THE CITY, THROUGH ITS CONSTRUCTED ATTORNEY, HAS SIGNED ON TO ALONGSIDE THE APPLICANT FOR THESE PROJECTS. YET ANOTHER STIPULATION. THE POWER CONNECTS THREE PROJECTS WAS SIGNED ON TO BY THE CITY YESTERDAY. HOW IS IT RIGHT AND IN GOOD FAITH FOR THE CITY TO RECOMMEND APPROVAL WHEN THEY HAVE NEVER DIRECTLY ENGAGED RESIDENTS ON THESE PROJECTS? I AM A I'M AN ICU NURSE. I TRAINED AT THE CLEVELAND CLINIC IN CRITICAL CARE. I WORKED ON ONCOLOGY UNITS. I TOOK CARE OF PEOPLE WHO WERE GETTING CHEMO. I TOOK CARE OF PEOPLE WHO WERE DYING. A LOT OF THOSE PEOPLE MAY HAVE HAD MODIFIABLE LIFESTYLES THAT COULD HAVE INFLUENCED THEIR HEALTH. WE'RE THINGS INTO THIS COMMUNITY THAT ARE NOT OUR CHOICE. WE HAVE A LEGACY THAT WE CAN LEAVE FOR THE FUTURE OF THE WORLD, OF WE CAN BE A MODEL FOR OTHER COMMUNITIES. AND I FEEL LIKE EVERYBODY IS JUST PUSHING IT OFF SAYING, OH, IT'S ALREADY APPROVED. IT'S ALREADY WE DON'T HAVE A CHOICE. WE DON'T HAVE A SAY IN THIS. I WAS THE FIRST SCHOOL NURSE AT THE MARVEN ACADEMY. THEY HAD NO SCHOOL NURSE FOR 30 YEARS. I WENT INTO THAT SCHOOL AND I SET UP A PROGRAM. I WORKED THERE FOR TWO YEARS. MY. I WENT TO SCHOOL TO GET MY SCHOOL NURSE CERTIFICATION. MY INSTRUCTOR CAME AND TOLD ME THAT I NEEDED MORE HELP AND THAT IF I DIDN'T GET MORE HELP, MY LICENSE WAS IN JEOPARDY. I WORKED THERE FOR TWO YEARS. I SAW WHEN I WALKED IN THERE BUCKETS OF ASTHMA INHALERS. I WORKED WITH YOUR CHILDREN ON A DAILY BASIS.

THESE ARE KIDS WHO ARE GOING TO HAVE TO LIVE WITH THE ANXIETY OF GOING TO SLEEP AT NIGHT, HEARING WHAT HAS BEEN THEIR PARENTS ARE TALKING ABOUT. I AM HAVING ANXIETY GOING TO BED AT NIGHT. I DON'T KNOW HOW ANYONE IN GOOD CONSCIENCE SITTING HERE WHO MAKES DECISIONS FOR OUR COMMUNITY CAN ALLOW THESE THINGS TO HAPPEN. WE WERE. OUR FAMILY WAS GREATLY INFLUENCED BY THE LIFE OF BILL RUSH. HE WAS MY SON'S CONFIRMATION SPONSOR. MY SON NOAH, MY YOUNGEST SON, HAS BEEN APPOINTED TO THE SUSTAINABILITY COMMITTEE. HE IS UP TILL 3:00 IN THE MORNING, CITING ARTICLES, READING, GETTING INFORMATION. IT IS A FULL TIME JOB THAT HE.

HE IS AN ENGINEER AND HE'S NOT WORKING IN A PAID JOB RIGHT NOW BECAUSE HE IS SPENDING HIS TIME RESEARCHING THE EFFECTS THAT THIS IS GOING TO DO TOUNITY. PLP THIS COMMUNITY THE BEAUTIFUL PLACE THAT WE ALL WANT IT TO BE, TO BE PROUD OF, TO BE HAPPY, TO LIVE HERE, TO FEEL HEALTHY, TO FEEL LIKE WE CAN LIVE A HEALTHY LIFE AND PUT THAT FORWARD FOR OUR CHILDREN AND OUR CHILDREN'S CHILDREN. NOT THAT WE'RE LIKE SCARED AND WE WANT TO RUN AWAY AND SELL OUR HOUSES BECAUSE WE'RE SCARED THAT WE'RE GOING TO GET CANCER. PLEASE, I'M BEGGING YOU. THANK YOU.

[01:45:02]

[8. BOARD/COMMISSION REPORTS]

SUSTAINABILITY. NO MEETING ID IMPLEMENTATION. NO MEETING. CEMETERY RESTORATION ADVISORY

[9. CORRESPONDENCE/COMMUNICATIONS]

[11. INTRODUCTION AND FIRST READING OF ORDINANCES]

SO THE CITY DURING THIS ACQUISITION AND CONSTRUCTION ALSO OBTAINED RIGHT OF WAY ON NEIGHBORING STREETS AS WELL. SO ALONG GREEN CHAPEL, MILLER ROAD, JUG STREET AND BEAVER ROAD AS WELL TO ALLOW FOR THE TAPERING AND IMPROVEMENTS OF THE SIDE STREETS FOR WHERE THE INTERSECT WITH THE MAIN STREET PROJECT AS WELL. SO THE. AND THIS IS THE FIRST OF THREE PIECES OF LEGISLATION ON TONIGHT'S AGENDA. SO BLUE IS THE CITY OF NEW ALBANY. SO THIS IS OUR JURISDICTIONAL BOUNDARIES. THE YELLOW IS A ANNEXATION ANNEXATION AREA TO BRING INTO THE CITY OF NEW ALBANY, WHICH IS THE NEXT PIECE OF LEGISLATION. AND THEN PURPLE IS THE TOPIC OF THIS LEGISLATION. SO THIS IS WHERE THE CITY HAS ACQUIRED THAT EXTRA RIGHT OF WAY TO TAPER INTO THE MAIN STREETS. AND THIS LEGISLATION WILL GIVE THAT BACK TO THE COUNTY. AND SO THIS WAS ALL CONTEMPLATED AND AGREED UPON IN THAT 2022 INTERGOVERNMENTAL AGREEMENTS. SO THIS LEGISLATION WILL THEN DEED THAT RIGHT OF WAY TO THE COUNTY AND TOWNSHIPS WILL MAINTAIN THOSE. PRIOR TO THIS LEGISLATION, THE CITY STAFF HAS MET WITH LICKING COUNTY ENGINEER, TOWNSHIP ADMINISTRATORS AND NEIGHBORING CITIES TO TO COLLABORATE ON THIS. AND ALL PARTIES HAVE AGREED TO THESE BOUNDARIES AND THAT IT MEANS THAT IGA BACK IN 2022. SO THIS LEGISLATION ALLOWS THE CITY TO FULFILL THOSE OBLIGATIONS IN THAT AGREEMENT. ALL RIGHT. ANY QUESTIONS ON THE ORDINANCE? SORRY. ANY QUESTIONS ON THE ORDINANCE? SORRY, I LOST MY I LOST MY CHEAT SHEET HERE. THANKS. EXCEPT THAT FOR A SECOND READING OF PUBLIC HEARING AT OUR MEETING ON NOVEMBER 17TH. ORDINANCE. 029 2026 AN ORDINANCE TO AUTHORIZE THE CITY OF NEW ALBANY CITY MANAGER TO PETITION THE BOARD OF COMMISSIONERS OF LICKING COUNTY, OHIO TO ANNEX 17.81 PLUS OR MINUS ACRES OWNED BY THE CITY OF NEW ALBANY FROM JERSEY TOWNSHIP AND MONROE TOWNSHIP TO THE CITY OF MILWAUKEE. MISTER MAYOR, THANK YOU. SO WITH THAT SAME 2022 INTERGOVERNMENTAL AGREEMENT, IT ALSO CONTEMPLATED WHEN THE CITY ACQUIRED THAT RIGHT OF WAY OVER THE LAST FOUR YEARS, THAT EVENTUALLY WE WOULD ANNEX ALL THAT AREA THAT IS MAIN STREET. SO BACK IN 2022, THIS IS WHAT

[01:50:01]

SO IT STARTS WITH THE PROPERTY OWNER, WHICH IS THE CITY IN THIS CASE, PETITIONING THE COUNTY. AND THEN LATER, AFTER THE TOWNSHIP TRUSTEES HERE, IT WOULD COME BACK TO COUNCIL FOR FINAL APPROVAL. AND STAFF ANTICIPATES THAT TO HAPPEN IN FEBRUARY OF 2027. OKAY. ANY QUESTIONS FROM COUNCIL? AND WE'LL ALSO SET THAT ORDINANCE FOR SECOND READING AND PUBLIC

[12. RESOLUTIONS AND PUBLIC HEARING]

AND THAT TAKES US TO THE RESOLUTION. AND MISS BROOKS, SOMETHING FUN TO TALK ABOUT.

YES. A LITTLE LIGHTER TOPIC FOR TONIGHT ON. WAIT, DID WE JUST. ON NOVEMBER 16TH, 2021, CITY COUNCIL APPROVED RESOLUTION R 53, 2021, ESTABLISHING A DESIGNATED OUTDOOR REFRESHMENT AREA BETTER KNOWN AS A DORA. PURSUANT TO OHIO REVISED CODE, YOU ALL ARE REQUIRED TO REVIEW AND REAUTHORIZE THAT DORA EVERY FIVE YEARS FOLLOWING ITS INITIAL ESTABLISHMENT. THIS LEGISLATION AUTHORIZES THE DORA FOR AN ADDITIONAL FIVE YEAR PERIOD, AND AT THE END OF THAT TERM, LEGISLATION WILL ONCE AGAIN BE BROUGHT YOUR CONSIDERATION AND RENEWAL.

UP HERE, WE HAVE A LITTLE BIT OF INFORMATION JUST TO REMIND YOU OF WHERE WE ARE WITH THE DORA. SO WE COVERED. THIS HAS TO BE REVIEWED AND RENEWED EVERY FIVE YEARS. HISTORY. WE WERE ESTABLISHED FIRST IN NOVEMBER OF 2021. THE DOOR IS USED AND WE DON'T HAVE A LOT OF HARD DATA. IT'S HARD TO PULL IT ON HOW THE DORA IS USED, AND WE'RE GOING TO GIVE YOU EVERYTHING WE DO HAVE. BUT FROM OBSERVATION, THE DORA IS PRIMARILY USED DURING EVENTS IN THE SUMMER FARMERS MARKET, WHEN WE MOST SEE THAT WHEN IT WAS ESTABLISHED, IT WAS FIRST ESTABLISHED WITH FOUR QUALIFIED PERMIT HOLDERS BREWDOG, RUSTY BUCKET, MELLOW MUSHROOM AND HUDSON, 29. BENDY WALKING BAR HAS BEEN ADDED SINCE SINCE WE FIRST STARTED PHOTO UP THERE.

AS FAR AS SALES GO, YOU CAN SEE OUR CUP SALES. WE MEASURE THOSE, WE S S S S S S S S S S S S S S E ALSO BROKE DOWN. THERE'S 50 CUPS IN A SLEEVE. SO YOU CAN SEE OUR TOTAL SALES BY EITHER SLEEVE OR CUP. WHATEVER YOUR PREFERRED METHOD IS. OVER THE YEARS IT'S GONE UP AND DOWN A LITTLE BIT. BUT THAT IS WHERE WE ARE RIGHT NOW. CURRENTLY, THE DORA IS IN EFFECT THURSDAY THROUGH SATURDAY FROM FIVE UNTIL 10 P.M. UNLESS OTHERWISE APPROVED BY THE CITY MANAGER OR DESIGNEE. THESE HOURS AND DAYS CAN BE CHANGED BY ALL OF YOU AT ANY TIME IF YOU WANT TO, AND THEN ANY EVENT RELATED REQUESTS TO ALTER THOSE REGULAR HOURS. THEY ARE INCLUDED IN OUR PERMITTING PROCESS. NOW, OUR EVENT PERMITTING PROCESS AND REQUIRE THE CITY MANAGER'S APPROVAL. SO, FOR INSTANCE, IN OKTOBERFEST, WE EXTEND THOSE DORA HOURS TO BEGIN AT NOON INSTEAD OF AT 5 P.M. SO PEOPLE CAN ENJOY THAT AREA. I DON'T HAVE THE CLICKER. LET ME GO HEYA QUICK QUESTION. YEAH. HOW DO HOW DO WE DETERMINE WHO IS IN WITHIN THE DOOR OF THE ESTABLISHMENTS? IS THAT SOMETHING THAT THE ESTABLISHMENT REQUESTS OR DO WE FELT LIKE WE JUST ADDED BENDY WALK AS AN EXAMPLE. SO THERE'S OTHERS THAT ARE WITHIN THE DORA WITH IF THEY'RE INTERESTED, DO THEY CONTACT US AND APPLY OR DO WE CONTACT THEM? THAT'S A GOOD QUESTION. I KNOW, I MEAN, IF THEY ARE IF THEY'RE SELLING ALCOHOL, THEY HAVE TO GO THROUGH THE NORMAL PERMITTING PROCESS. I THAT'S A GREAT QUESTION. I DON'T KNOW THE ANSWER TO YOU. IF THEY HAVE TO GO THROUGH AN ADDITIONAL STEP TO BE INCLUDED IN OUR. DORA, DO YOU KNOW, I BELIEVE WE SET THE BOUNDARIES FOR THE DORA. YEAH. AND THEN THE COMPANIES WITHIN

[01:55:02]

DORA'S WITHIN OUR AREA, WITHIN OUR CITY LIMITS THAT DO NOT HAVE TO BE CONTIGUOUS. BUT WE HAVE TO HAVE A DIFFERENT APPLICATION FOR EACH ONE. AND EACH DORA HAS TO HAVE AT LEAST FOUR PERMITTED. ESTABLISHMENTS THAT WOULD SELL WOULD SELL BEVERAGES. OKAY, OKAY. ALL RIGHT. ANY ADDITIONAL QUESTIONS FROM COUNCIL ON THE RESOLUTION? OPEN THE PUBLIC HEARING. ANYONE FROM THE PUBLIC LIKE TO SPEAK REGARDING RESOLUTION R 48, SEEING NO PUBLIC COMMENT, I'LL CLOSE THE PUBLIC HEARING. IS THERE A MOTION ON THE RESOLUTION? MOVE ADOPTION RESOLUTION R 48 2026. SECOND. I THINK I HEARD COUNCILMEMBER SCHULTZ. YES. COUNCIL MEMBER.

YES. YES. COUNCILOR. MAYOR SPALDING. YES. COUNCIL MEMBER. YES. COUNCIL MEMBER. DERRICK.

YES. COUNCIL MEMBER. KISS. YES. COUNCIL MEMBER. MCCLELLAN. YES. SEVEN. YES. VOTES TO ADOPT RESOLUTION R 48, 2026. RESOLUTION R 49, 2026 A RESOLUTION A RESOLUTION THAT THE CITY OF NEW ALBANY WILL PICK UP A PORTION OF THE STATUTORILY REQUIRED CONTRIBUTION. THE OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM, IN ACCORDANCE WITH THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER AND PURSUANT TO OHIO REVISED CODE SECTION. EXCUSE ME, IS

[02:00:05]

MAYOR. THE OHIO PUBLIC EMPLOYEE RETIREMENT OFFERS REQUIRES A RESOLUTION TO PROPERLY ACCOUNT FOR EMPLOYEE EMPLOYEE PORTION OF THE PENSION THAT IS ASSUMED BY THE CITY.

THIS RESOLUTION IS BASED ON A TEMPLATE FROM OPERS THAT PROVIDES ALL REQUIREMENTS TO ACCOUNT FOR THE TERMS NEGOTIATED IN THE SUCCESSOR CITY MANAGER'S EMPLOYMENT AGREEMENT REGARDING PENSION CONTRIBUTIONS PAID BY THE CITY. SPECIFICALLY, THE CITY WILL CONTRIBUTE 5% OF THE STATUTORILY REQUIRED 10% EMPLOYEE CONTRIBUTION OF THE EMPLOYEES EARNABLE SALARY. SUCH PAYMENTS WILL BE MADE DIRECTLY TO OPERS. THIS RESOLUTION IS EFFECTIVE FOR THE LIFE OF THE AGREEMENT AND EXTENDS TO ANY FUTURE SALARY ADJUSTMENTS FOR THE COVERED EMPLOYEE. AND IT'S REQUIRED FOR THAT TO CONTINUE. ALL RIGHT. ANY QUESTIONS ON THE RESOLUTION? I'LL OPEN THE PUBLIC HEARING. ANYONE FROM THE PUBLIC LIKE TO SPEAK REGARDING RESOLUTION R 49 2026, HEARING NO PUBLIC COMMENT. I'LL CLOSE THE PUBLIC HEARING AND MOVE FOR THE ADOPTION OF RESOLUTION R 49, 2026 SECOND. MAYOR SPALDING. YES. COUNCIL MEMBER. YES.

COUNCILMEMBER. YES. COUNCILMEMBER SCHULTZ. YES. COUNCIL MEMBER. MCCLELLAN. YES.

COUNCIL MEMBER. TERRY. YES. COUNCIL MEMBER. YES. I HAVE SEVEN YES VOTES TO ADOPT RESOLUTION R 49, 2026 RESOLUTION R 50 2026 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE MONROE TOWNSHIP AND THE CITY OF JOHNSTOWN FOR THE SNOW AND ICE REMOVAL AND CONTROL AT THE. ADJACENT TO INTERSECTION OF MINK STREET AND GREEN CHAPEL ROAD. MR. MAYOR, THANK YOU. SO THE PREVIOUSLY MENTIONED ANNEXATION LIMITS ALONG MINK STREET MEETS THE INTENT AND AGREEMENTS IN THE I, G, A AND FUNCTION APPROPRIATELY FROM AN INFRASTRUCTURE MAINTENANCE AND LAW ENFORCEMENT STANDPOINT.

HOWEVER, THEY DON'T WORK WELL FROM A SNOW AND ICE REMOVAL STANDPOINT. AT JUST ONE LOCATION AT THE GREEN CHAPEL ROAD AND MINK STREET ROUNDABOUT. SO ACCORDINGLY, THE CITY STAFF MET WITH THOSE NEIGHBORING JURISDICTIONS THE CITY OF JOHNSTOWN AND MONROE TOWNSHIP, WHO ALSO MAINTAIN LEGS OF THIS ROUNDABOUT. AND SO THIS THIS LEGISLATION WILL AUTHORIZE THE CITY MANAGER TO ENTER INTO A SEPARATE SNOW AND ICE MAINTENANCE. AND SO THE GOAL OF THE IGA IS THAT THE CITY &-PE INFRASTRUCTURE JUST PUT IN. HOWEVER, THE SNOW AND ICE, THE CITY OF ALBANY WILL REMOVE SNOW AND ICE IN THE GREEN AREA. SO THE ROUNDABOUT ITSELF. CITY OF JOHNSTOWN WILL DO THE APPROACHES ON THE NORTH SIDE OF MINK AND MONROE TOWNSHIP WOULD MAINTAIN THE APPROACHES OF THE ROUNDABOUT EAST OF THE ROUNDABOUT. STAFF HAPPY TO ANSWER ANY QUESTIONS. ALL RIGHT. ANY QUESTIONS ON THE RESOLUTION? THEN I'LL OPEN THE PUBLIC HEARING. WOULD ANYONE FROM THE PUBLIC LIKE TO SPEAK REGARDING RESOLUTION R 50, 2026? HEARING? NO PUBLIC COMMENT. I'LL CLOSE THE PUBLIC HEARING. IS THERE A MOTION ON THE RESOLUTION? I MOVE FOR ADOPTION OF R 50 2026 SECOND. COUNCIL MEMBER. YES. COUNCIL MEMBER. MCCLELLAN. YES.

MAYOR. SPALDING. YES. COUNCIL MEMBER. YES. COUNCIL MEMBER. DETRICK. YES. COUNCIL MEMBER.

KISS. YES. COUNCIL MEMBER. DULL. YES. SEVEN. YES. VOTES TO ADOPT RESOLUTION R 50 2026. ANY

[13. COUNCIL SUBCOMMITTEE REPORTS]

[14. REPORTS OF REPRESENTATIVES]

PRETTY AMAZING. ALL RIGHT. ANY UPDATE FROM THE LOCAL SCHOOLS. THERE WAS A MEETING. IT WAS A

[02:05:03]

[15. REPORTS OF CITY OFFICIALS]

OOPS. PULL THAT OUT OF YOU. DID YOU GOT ME? ALL RIGHT. ANY UPDATE FROM THE CLERK? A FEW SHORT THINGS. I'VE BEEN APPROACHED BY THE COMMUNITY DEVELOPMENT DEPARTMENT. WHO NEEDS 2 TO 3 COUNCIL MEMBERS FOR A VILLAGE CENTER PLACEMAKING PLAN. AND I TURN IT OVER TO DIRECTOR PRESSER. YES. THANK YOU. WE NEED THREE COUNCIL MEMBERS. IF YOU RECALL, LAST YEAR AT THE BUDGET, ONE OF THE PLANNING PROJECTS THAT WE APPROVED FOR 2026 WAS A PLACEMAKING PLAN FOR THE VILLAGE CENTER. THE IDEA BEHIND THIS IS THAT AS WE TALKED ABOUT VILLAGE CENTER BEAUTIFICATION, WE TALKED ABOUT THINGS LIKE BENCHES AND SPACES, PLACES, PROGRAMING. WE DON'T HAVE A GUIDE IN PLACE. THAT'S WHAT OUR CONSULTANTS CALL OUR NORTH STAR THAT WE CAN POINT TO, TO SAY, THESEE ARE THE TYPES OF LOOKINGT THE COMMUNITY WANTS TO SEE. IT COULD BE PROGRAMMATIC RECOMMENDATIONS. THEY COULD BE SPECIFIC PHYSICAL RECOMMENDATIONS. IT COULD BE A PLANTING SCHEME FOR HOW WE DO THE STEFANOFF CIRCLE, RIGHT.

ALL OF THE RECOMMENDATIONS COME OUT OF THIS, BUT THE FIRST PLACE WE START IS BY ENGAGING THE PUBLIC AND HAVING STAKEHOLDER MEETINGS IN ORDER TO UNDERSTAND WHAT IT IS THAT THE PUBLIC WANTS TO SEE. SO THIS IS CALLED AN EXTERNAL IMMERSION EXPERIENCE. AND WE'RE LOOKING FOR THREE COUNCIL MEMBERS THAT WOULD BE A PART OF THE IMMERSION EXPERIENCE, BUT ALSO THEN SUBSEQUENTLY SERVE IN A ROLE AS WE MOVE WITH STAKEHOLDERS, WITH THESE EXTERNAL STAKEHOLDERS, AS WE MOVE DOWN THROUGH THIS PLANNING PROCESS, WHAT IT DOES IS THE SESSION BRINGS TOGETHER A DIVERSE GROUP OF RESIDENTS, BUSINESS OWNERS AND COMMUNITY STAKEHOLDERS TO UNDERSTAND HOW PEOPLE EXPERIENCE THE VILLAGE CENTER TODAY AND THROUGH GUIDED CONVERSATION, THEY'LL EXPLORE WHAT PEOPLE VALUE THE MOST, WHAT BRINGS THEM TOGETHER, AND WHERE OPPORTUNITIES EXIST TO CREATE STRONGER CONNECTIONS, NEW TRADITIONS, AND MEMORIAL MEMORABLE EXPERIENCES. AND THAT WILL HELP KIND OF GUIDE US AS WE THINK ABOUT THE NEXT STAGES OF DEVELOPMENT. SO, AND IT'S REALLY ABOUT KIND OF THE, THE SENSE OF PLACE THAT'S ESTABLISHED BY WHETHER IT'S PROGRAMING OR PHYSICAL ELEMENTS CAN REALLY ELICIT FEELINGS ABOUT PEOPLE AND HOW GOOD THEY FEEL ABOUT, YOU KNOW, OPERATING WITHIN THAT SPACE. SO WE NEED THREE IMMERSION CANDIDATES. SO JUST QUESTION, DOES IT HAVE TO BE THE SAME THREE? CAN WE SWAP IN AND OUT? HOW LONG IS THE PROCESS? HOW OFTEN. SO IT SHOULD. SO FOR THAT'S A GREAT QUESTION. AND I THINK WE CAN FIND A WAY TO ACTUALLY ROTATE. RIGHT NOW WE'RE ONLY LOOKING AT.

THE ONLY OPPORTUNITY BEFORE US IS ACTUALLY FOR THIS INITIAL IMMERSION EXPERIENCE. AND SO WE WOULD NEED THREE FOR THAT. AND THEN MAYBE WHAT WE WOULD DO IS THEN THE NEXT DISCUSSION WILL COME BACK TO COUNCIL IN THE SAME FORM AND ASK FOR ANOTHER THREE. THERE'S NOT GOING TO BE MULTIPLE IMMERSION EXPERIENCES. THERE'S JUST GOING TO BE ONE. SO THREE PEOPLE WHO WOULD LIKE TO BE IMMERSED, OH, THAT SOUNDS GOOD. HOW OFTEN? HOW OFTEN DOES IT MEET? OR THERE'S JUST ONE IMMERSION EXPERIENCE AND WE'RE TARGETING AND MAYBE THIS WOULD HELP. WE'RE LOOKING AT. AND THE REASON WE BROUGHT IT UP TONIGHT IS BECAUSE WE'D LIKE TO DO THESE IN DECEMBER. SO IT WILL WE'RE HOLDING DATES THE FIRST WEEK OF DECEMBER FROM DECEMBER 3RD TO DECEMBER 8TH, AND IT'LL BE ABOUT A COUPLE HOUR EXPERIENCE, MAYBE 2 TO 3 HOUR EXPERIENCE. AND, AND SO IF YOU KNOW YOU'RE NOT GOING TO BE HERE ON THOSE DATES, THEN PLEASE DON'T VOLUNTEER. BUT IF YOU KNOW YOU ARE GOING TO BE HERE, THEY WILL MOST LIKELY BE TIME FRAMES OF 1230 BETWEEN 1230 AND 5. SO IT WILL BE DURING THE WORK DAY. SO AGAIN, IF YOU'RE NOT ABLE TO COME DURING THE WORK DAY, THEN YOU, YOU WILL NOT BE ABLE TO BE IMMERSED OR A CANDIDATE FOR IMMERSION. I'LL TAKE THE I'LL DIVE. I'M, I'M, I'M UNDEREMPLOYED ONE AT A TIME.

FOR THE RECORD, PLEASE JUMP ME IN. I CAN DO IT AND I'LL DO IT. NOW YOU GOTTA DECIDE NOW. I THINK YOU GOT FOUR. MARLENE RAISED HER HAND, I. I DID, BUT IF YOU WANT. I DIDN'T SEE YOU.

I'M SORRY, I DIDN'T. IT'S OKAY. SO WHERE ARE WE NOW? OKAY, SO EITHER WAY, MIKE AND ANDREA.

[02:10:04]

SET YOU UP A LITTLE TENT. THAT'S RIGHT. ALL RIGHT. ANYTHING ELSE ON THE CLERK? NOPE. FINANCE DIRECTOR. SO JENNIFER STOLE MY THUNDER A LITTLE BIT, BUT THE 2027 ANNUAL BUDGET PROGRAM HAS BEEN DELIVERED AS REQUIRED BY THE CHARTER THIS EVENING. AT THE FIRST COUNCIL MEETING, THE ORDINANCE IS TUCKED IN THE FRONT POCKET BECAUSE THAT IS ALSO REQUIRED TO BE DELIVERED TONIGHT. PLEASE, OVER THE NEXT COUPLE OF WEEKS, AS YOU ARE PREPARING FOR THE WORKSHOP, IF YOU HAVE ANY QUESTIONS, YOU CAN REACH OUT. IF YOU NEED, YOU KNOW, SOME INFORMATION, CERTAINLY LET ME KNOW AND WE'LL HAVE FUN GOING THROUGH IT. I'M I'M NOT NOT THIS COMING MONDAY, THE NEXT MONDAY. AND IF YOU HAVE ANY QUESTIONS, LET ME KNOW.

ALL RIGHT. ONE QUICK ITEM AND IT'S A REQUEST FOR A MOTION FROM COUNCIL. SO AS YOU KNOW, OUR SUCCESSOR CITY MANAGER BEGINS WORK ON NOVEMBER 16TH. THERE'LL BE A SIX WEEK OVERLAP BEFORE I RETIRE. SO THE CITY MANAGER IS RESPONSIBLE FOR EXECUTING ALL CONTRACTS ON BEHALF OF THE CITY. SO HAVING TWO CITY MANAGERS CREATES A LITTLE BIT OF CONFUSION. SO MY REQUEST OR RECOMMENDATION WOULD BE THAT OUR NEW CITY MANAGER BE DESIGNATED AS THE SIGNATORY ON BEHALF OF THE CITY, EFFECTIVE ON HIS FIRST DAY, NOVEMBER 16TH. I'D BE HAPPY TO MAKE THAT MOTION. CLERK MASON, DO YOU NEED ME TO READ THE WHOLE THING INTO THE RECORD? DIRECTOR ALBRECHT, I THINK YOU'RE COVERED. A LOT OF WHAT IS INCLUDED ON THERE. SO I THINK THE THE PERTINENT PART WOULD BE TOWARDS THE END ABOUT A POSITION OF POWER. ALL RIGHT.

THEN I WOULD MOVE TO CLARIFY THE CITY MANAGER'S DECISION MAKING AUTHORITY PURSUANT TO THE WRITTEN STAFF RECOMMENDATION. DUE TO THE UNIQUE NATURE OF THE TIMING OF THE HIRING OF MR. STEVENS PRIOR TO MR. STEFANO'S RETIREMENT AND CONFIRMED ALL POWERS AND DUTIES OF THE CITY MANAGER AS SET FORTH IN SECTION 7.02, THE CITY CHARTER BE VESTED IN THE INCOMING CITY MANAGER, MIKE STEVENS, EFFECTIVE NOVEMBER 16TH, 2026. SECOND. AND. ON THE MOTION, MAYOR SPALDING. YES. COUNCILMEMBER. YES. COUNCILMEMBER SCHULTZ. YES.

COUNCILMEMBER MCCLELLAN. YES. COUNCILMEMBER. KISS. YES. COUNCILMEMBER. DERRICK. YES.

COUNCILMEMBER. YES. SEVEN. YES. VOTES ON THE MOTION. MOTION PASSES. THANK YOU. ANYTHING ELSE? ANYTHING? ANY UPDATE FROM CITY ATTOROROROROROROROROROROROL FOR PUBLIC COMMENT. ANY

[17. POLL FOR COUNCIL COMMENT]

[02:15:03]

[18. OTHER BUSINESS]