Explanation
In 2008, the City secured a Covenant Not to Sue (CNS) from Ohio EPA for the former brownfield site on the southern tier of the Whittier Peninsula known as the Whittier Peninsula Grange-Audubon Nature Center. This city-owned site has since been redeveloped as parkland pursuant to a Memorandum of Understanding (MOU) among the City of Columbus, the Columbus and Franklin County Metropolitan Park District (Metro Parks), and Audubon Ohio. The property is leased to Metro Parks, which subleases a portion of the property to Audubon Ohio for operation of its nature center. The City was made responsible for obtaining the CNS per the MOU.
The CNS incorporates an Operation and Maintenance (O&M) Agreement between the City and Ohio EPA. The O&M Agreement includes an O&M Plan that provides for the performance of remedial activities that will allow the property to achieve the applicable standards. Under the terms of the O&M Agreement, the remediation was to be completed within three years. However, concerns have recently arisen related to the potential impact of remedial activities on several mature trees on the property, and additional soil sampling will be required in order to address these concerns. It is therefore necessary to amend the O&M Agreement to extend the timeline for the remedial activities and to modify the incorporated O&M Plan to address these recent concerns.
This legislation seeks authorization to execute a modification of the O&M Agreement, which will incorporate a modification of the O&M Plan.
Emergency action is necessary in order to maintain progress on this project.
FISCAL IMPACT: None
Title
To authorize the Director of Recreation and Parks to execute a modification of the Operation and Maintenance Agreement for the Whittier Peninsula Grange-Audubon Nature Center site, including a modification of the incorporated Operation and Maintenance Plan, and any other additional documents and instruments that are necessary and incident thereto; and to declare an emergency.
Body
WHEREAS, per a Memorandum of Understanding among the City of Columbus, the Columbus and Franklin County Metropolitan Park District, and Audubon Ohio, the City of Columbus is responsible for the environmental condition of the land it owns on the Whittier Peninsula and for obtaining one or more Covenants Not to Sue (CNS) from the State of Ohio; and
WHEREAS, in 2008 the City secured a CNS from Ohio EPA for the Whittier Peninsula Grange-Audubon Nature Center site; the CNS incorporates an Operation and Maintenance (O&M) Agreement, which includes an O&M Plan, to provide for the performance of remedial activities that will allow the property to achieve the applicable standards; and
WHEREAS, under the terms of the O&M Agreement, the remediation was to be completed within three years, but concerns have recently arisen related to the potential impact of remedial activities on several mature trees on the property, and additional soil sampling will be required in order to address these concerns;
WHEREAS, it is therefore necessary to modify the O&M Agreement to extend the timeline for the remedial activities and to modify the incorporated O&M plan to address these recent concerns; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to execute the necessary documents in order to maintain progress on this project and for the preservation of public health, peace, property and safety; NOW, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Recreation and Parks is hereby authorized to execute a modification of the Operation and Maintenance Agreement for the Whittier Peninsula Grange-Audubon Nature Center site, including a modification of the incorporated Operation and Maintenance Plan, and any other additional documents and instruments that are necessary and incident thereto.
Section 2. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or 10 days after passage if the Mayor neither approves nor vetoes the same.