VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
SEPTEMBER 17 2007

THE COUNCIL OF THE VILLAGE OF RIVERLEA MET ON THE ABOVE DATE AT 229 WEST SOUTHINGTON AVENUE. THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: MARY JO CUSACK, MAYOR; PAMELA M. COLWELL; SCOTT K. GORDON; JOHN A. SCHAER; RENEE SHANNON; RODNEY TETTENHORST AND PAUL J. ZENISEK. ALSO PRESENT WERE GARY A. BRUCK, BUILDING/ZONING COMMISSIONER; DANIEL A. MCINTYRE, STREET COMMISSIONER; STEVEN W. MERSHON, SOLICITOR; DAN E. OWENS, CLERK-TREASURER AND LOIS YOAKAM, NEWSLETTER EDITOR. GUESTS OF COUNCIL INCLUDED THOSE LISTED ON THE ATTACHED ROSTER. THE MAYOR CALLED THE MEETING TO ORDER AT 7:31 P.M.

MINUTES

07-32

MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 18, 2007, WERE NOT READ SINCE EACH MEMBER HAD RECEIVED A COPY. THE CLERK-TREASURER DID READ SEVERAL PARAGRAPHS THAT HAD BEEN CORRECTED/ALTERED SINCE THE DISTRIBUTION OF MINUTES. SCHAER MOVED AND TETTENHORST SECONDED A MOTION THAT THE MINUTES BE APPROVED AS CORRECTED/ALTERED BY THE CLERK-TREASURER. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

07-33

MINUTES OF THE SPECIAL COUNCIL MEETING OF JULY 4, 2007, WERE NOT READ SINCE EACH MEMBER HAD RECEIVED A COPY. TETTENHORST MOVED AND SCHAER SECONDED A MOTION THAT THE MINUTES BE APPROVED AS SUBMITTED BY THE CLERK-TREASURER. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

CLERK-TREASURER REPORT

07-34

ZENISEK MOVED AND SCHAER SECONDED A MOTION TO APPROVE THE PAYMENT OF BILLS AND TO ACCEPT THE FINANCIAL REPORT FOR JUNE, JULY AND AUGUST OF 2007, AS SUBMITTED BY THE CLERK-TREASURER. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0. SEE BOARD REFERRAL FILE NUMBER 07-007, 07-008 AND 07-009.

THE CLERK-TREASURER NOTED THE NEW 18 MONTH $75,000.00, CD WITH GUERNSEY BANK. SEE BOARD REFERRAL FILE NUMBER 07-010.

THE CLERK-TREASURER NOTED A RESOLUTION PREPARED BY COUNTY AUDITOR, TWO INSURANCE CONTACTS, STAR OHIO’S ANNUAL REPORT, AN ORDINANCE PREPARED BY AMERICAN LEGAL PUBLISHING CORPORATION AND A LETTER FROM THE OHIO ATTORNEY GENERAL. COUNCIL EXPRESSED NO INTEREST IN CHANGING INSURANCE CARRIERS UNLESS THERE WAS A BETTER AND LOWER PRICED PROPOSAL THAN THAT OFFERED BY DAWSON AND THE OML. THE CLERK-TREASURER PLANS ON BEING OUT OF THE COUNTRY AT THE TIME OF COUNCIL’S OCTOBER MEETING.

REPORTS OF OFFICIALS

THE MAYOR REPORTED THAT THE SOLICITOR CONTINUES TO REPRESENT THE VILLAGE ON THE PART 150 NOISE STUDY OF DON SCOTT AIRPORT. COLUMBUS WILL HAVE MONITORING SITES BUT RIVERLEA AND WORTHINGTON WILL BE EXCLUDED. MINUTES CONTINUE TO BE INCOMPLETE. RESIDENTS ARE ENCOURAGED TO CONTINUE SUBMITTING COMPLAINTS.

THE MAYOR REPORTED THAT THE LAND USE COMMITTEE WILL REPORT TO COUNCIL AT COUNCIL’S OCTOBER MEETING, NOTED THE OHIO ATTORNEY GENERAL’S SUNSHINE LAW MEETINGS, NOTED THE PASSING OF VI VOELLER, POINTED OUT THE FEMA REPORT CONTAINED IN COUNCIL’S DISTRIBUTION PACKET, ANNOUNCED THAT SHARON TOWNSHIP MAY SEEK A FIRE LEVY IN THE NEAR FUTURE, STATED THAT SHE HAD INVITED CHESTER JOURDAN OF MORPC TO ATTEND THE OCTOBER COUNCIL MEETING AND THANKED PAT ANDERSON AND OTHERS FOR THE JULY 4 PICNIC AND MARION DURHAM AND BARB HAMOR FOR THE ART IN THE CIRCLE PROGRAM.

THE SOLICITOR REPORTED THAT THE ACCOUNT WITH CF BIRD + RJ BULL, INC. HAS BEEN SETTLED. HE WILL CONTACT THE TWO OWNERS WHO ARE IN CONFLICT WITH THE PLANNING COMMISSION. THE SOLICITOR REPORTED THAT THERE WILL BE A LOT SPLIT PROPOSAL BEFORE COUNCIL AT THEIR OCTOBER MEETING. HE WILL ALSO OUTLINE THE CODIFICATION WORK DONE BY AMERICAN LEGAL PUBLISHING CORPORATION IN OCTOBER. THE SOLICITOR STATED THAT THE OHIO EPA WILL SOON RELEASE THEIR THIRD SET OF PROPOSED SANITARY SEWER REQUIREMENTS; THE VILLAGE MIGHT BE REQUIRED TO ESTABLISH AN IMPROVEMENT PROGRAM.

THE BUILDING/ZONING COMMISSIONER REPORTED THAT THE COMMISSION HAD APPROVED THE PARTIAL ENCLOSURE OF A PORCH AND TABLED THE ENCLOSURE OF A PORCH, MODIFICATION OF A TWO FAMILY UNIT AND A NEW HOME PROJECT.

THE MAYOR GAVE THE MARSHAL’S REPORT FOR THE THREE MONTHS OF JUNE, JULY AND AUGUST; CHECKS 289, 246 AND 312; WRITTEN WARNINGS 3, 5 AND 0; CITATIONS 1, 5 AND 1. DURING THE SAME PERIOD THERE WAS ONE BURGLARY, ONE FAMILY TROUBLE REPORT AND ONE THEFT.

THE STREET COMMISSIONER REPORTED THAT TWO STREET SIGNS AND THREE FIRE HYDRANTS HAVE BEEN REPAIRED. A STREET BOND HAS EXPIRED AND NEEDS TO BE RENEWED FOR A CONTINUING CONSTRUCTION PROJECT. NO ACTION HAS BEEN TAKEN ON THE REPORT BY THE STREET AND CURB COMMITTEE. THE BENCHES AND CONCRETE PATIO IN THE CIRCLE NEED TO BE CLEANED AND SEALED. THE SPRINKLER SYSTEM IN THE SAME PARK NEEDS TO BE SERVICED. VEGETATION NEEDS TO BE REMOVED IN THE PARKS AND AT THE SOUTH END OF OLENTANGY BOULEVARD.

THE STREET COMMISSIONER SPOKE AT LENGTH ON THE REQUIREMENTS FOR WATER AND SEWER TAPS AND LINES AND THE PERMITS REQUIRED FOR BOTH. HE ALSO REQUESTED LEGISLATION REGULATING CURB CUTS.

THE NEWSLETTER EDITOR REQUESTED COPY FOR THE OCTOBER NEWSLETTER BY OCTOBER 5, 2007. THE NEWSLETTER MAY CONTAIN 50 TO 75 WORD STATEMENTS BY THE CANDIDATES FOR MAYOR IN THE UPCOMING ELECTION.

THE WEBMASTER HAD NO REPORT.

COMMITTEE REPORTS

NO REPORTS WERE OFFERED. THE MAYOR NOTED THAT COUNCIL NEEDED TO AUTHORIZE FUNDS FOR THE HALLOWEEN FUNCTION.

COMMENTS FROM RESIDENTS ON AGENDA ITEMS

NO ADDITIONAL COMMENTS WERE OFFERED.

OLD BUSINESS

07-35

SCHAER MOVED AND SHANNON SECONDED A MOTION TO AUTHORIZE THE EXPENDITURE OF $200.00, FOR A HALLOWEEN FUNCTION. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

03-2007

ORDINANCE NO. 03-2007, AN ORDINANCE TO PROVIDE ADDITIONAL NOTICE FOR CERTAIN MATTERS PENDING BEFORE THE VILLAGE PLANNING COMMISSION WAS READ BY TITLE FOR THE THIRD TIME. SCHAER MOVED AND SHANNON SECONDED A MOTION TO ADOPT ORDINANCE 03-2007. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0. ZENISEK OFFERED TO STORE THE SIGNS.

07-36

THE STREET COMMISSIONER LED A DISCUSSION ON THE CONDITION OF THE VILLAGE STREETS. COUNCIL AGREED THAT POT HOLES NEED TO BE FILLED WITH A HOT PATCH BEFORE FALL. THE DOLLAR AMOUNT TO AUTHORIZE WAS DEBATED AND THE CONTRACTOR TO ACCOMPLISH THE WORK WAS DISCUSSED. THE FAILURE OF THE RECENT TAX LEVY TO IMPROVE THE STREETS AND THE RELATED PLANNED TREATMENT FOR DEAD END STREETS WERE ALSO DISCUSSED. SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO AUTHORIZE THE EXPENDITURE OF $24,000.00, FOR A PATCHING PROJECT. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

DISCUSSION OF THE INSPECTION AND CLEANING OF THE SANITARY SEWERS WAS DEFERRED TO THE OCTOBER MEETING OF COUNCIL.

07-37

AFTER DISCUSSION OF THE TYPE OF WOOD AND METHOD TO BE USED IN CLEANING THE BENCHES, SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO AUTHORIZE THE EXPENDITURE OF $600.00, TO CLEAN AND SEAL THE BENCHES AND CONCRETE PATIO IN THE CIRCLE PARK ON WEST RIVERGLEN DRIVE. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0. THE STREET COMMISSIONER AGREED TO ARRANGE THE CLEANING AND SEALING.

NEW BUSINESS

2007-10

TETTENHORST MOVED AND SCHAER SECONDED A MOTION TO SUSPEND THE THREE READINGS OF RESOLUTION 2007-10, A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0. TETTENHORST MOVED AND SCHAER SECONDED A MOTION TO ADOPT RESOLUTION 2007-10. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

COUNCIL DISCUSSED AT LENGTH IF AND HOW SELECT VILLAGE CURBS SHOULD BE REPLACED. ISSUES OF LOWERING THE PAVEMENT, INCREASING THE CROWN OF THE STREETS, LOCATION OF THE GUTTER FLOW LINE AND COST OF EACH OPTION WAS DISCUSSED. NO ACTION WAS TAKEN BY COUNCIL.

COMMENTS FROM RESIDENTS ON NON-AGENDA ITEMS

NO ADDITIONAL COMMENTS WERE OFFERED.

NEXT MEETING AND ADJOURNMENT

THE MAYOR ANNOUNCED THAT THE NEXT REGULAR MEETING OF COUNCIL WILL BE HELD ON MONDAY OCTOBER 15, 2007, AT 7:30 P.M. AT 5814 WESTCHESTER COURT.

07-38

THERE BEING NO FURTHER BUSINESS, TETTENHORST MOVED AND SCHAER SECONDED A MOTION TO ADJOURN THE MEETING. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0. THE MEETING WAS ADJOURNED AT 9:28 P.M.

MARY JO CUSACK, MAYOR

DAN E. OWENS, CLERK OF COUNCIL