VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
JANUARY 22, 2008

THE COUNCIL OF THE VILLAGE OF RIVERLEA MET ON THE ABOVE DATE AT 290 WEST RIVERGLEN DRIVE. THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: MARY JO CUSACK, MAYOR; JOHN A. SCHAER; RENEE SHANNON; RODNEY TETTENHORST AND PAUL J. ZENISEK. ALSO PRESENT WERE DANIEL A. MCINTYRE, STREET COMMISSIONER; JODY CROLEY JONES, VILLAGE WEBMASTER; STEVEN W. MERSHON, SOLICITOR; NEIL R. MORTINE, MARSHAL; DAN E. OWENS, CLERK-TREASURER AND LOIS YOAKAM, NEWSLETTER EDITOR. GUESTS OF COUNCIL INCLUDED: JESSIE BAKER; DONALD CAMPBELL; PAM COLWELL; MICHAEL JONES; AND H. MARSHALL TRUXALL. THE MAYOR CALLED THE MEETING TO ORDER AT 7:32 P.M.

MINUTES

THE SOLICITOR ADMINISTERED THE OATH OF OFFICE TO THE NEWLY REELECTED MAYOR, MARY JO CUSACK.

08-01

ZENISEK NOMINATED SCHAER FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM. THERE BEING NO ADDITIONAL NOMINATIONS, THE MAYOR CLOSED THE NOMINATIONS AND CALLED FOR A VOTE TO CONFIRM JOHN A. SCHAER AS PRESIDENT PRO TEM OF COUNCIL FOR 2008. THE FOLLOWING VOTE WAS RECORDED ON THE CONFIRMATION: YEA, 4; SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 4-0. THE MAYOR ADMINISTERED THE OATH OF OFFICE TO JOHN A. SCHAER.

08-02

SCHAER MOVED AND ZENISEK SECONDED A MOTION TO ENTER INTO EXECUTIVE SESSION TO CONSIDER THE APPOINTMENT OF A PUBLIC OFFICIAL, I.E. CANDIDATES TO FILL TWO COUNCIL POSITIONS. IN RESPONSE TO A CALL OF THE ROLL, THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 4; SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 4-0. COUNCIL, THE MAYOR AND THE SOLICITOR EXITED THE REGULAR COUNCIL MEETING.

08-03

SHANNON MOVED AND ZENISEK SECONDED A MOTION TO ADJOURN THE EXECUTIVE SESSION AND RETURN TO THE REGULAR COUNCIL MEETING. IN RESPONSE TO A CALL OF THE ROLL, THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 4; SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 4-0.

08-04

SCHAER MOVED AND SHANNON SECONDED A MOTION TO APPOINT JOHN S. MCALEARNEY TO A VACANT COUNCIL POSITION. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 4; SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 4-0.

08-05

ZENISEK MOVED AND TETTENHORST SECONDED A MOTION TO APPOINT KIRK M. MCHUGH TO THE OTHER VACANT COUNCIL POSITION. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 3; SHANNON, TETTENHORST AND ZENISEK: NAY, 1; SCHAER. THE MOTION CARRIED 3-1.

SHANNON EXPRESSED APPRECIATION TO ALL OF THE RESIDENTS WHO HAD EXPRESSED AN INTEREST IN SERVING ON COUNCIL AND STATED THAT ALL WERE HIGHLY QUALIFIED. MCALEARNEY AND MCHUGH WERE NOTIFIED, BY PHONE, OF THEIR APPOINTMENTS.

MINUTES

08-06

THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 17, 2007, WERE NOT READ SINCE EACH MEMBER HAD RECEIVED A COPY. TWO CORRECTIONS WERE MADE TO PARAGRAPH 07-50, AUTHORIZING THE EXPENDITURE OF $650.00 TO CHARTER OAKS: THE DOLLAR FIGURE ALTERED TO $675.00 AND THE VOTE ALTERED TO YEA, 5; COLWELL, GORDON, SCHAER, SHANNON AND TETTENHORST: NAY, 1; ZENISEK. THE MOTION CARRIED 5-1. SCHAER MOVED AND TETTENHORST SECONDED A MOTION THAT THE MINUTES BE APPROVED AS CORRECTED. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 4; SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 4-0.

CLERK-TREASURER REPORT

08-07

TETTENHORST MOVED AND SCHAER SECONDED A MOTION TO APPROVE THE PAYMENT OF BILLS AND TO ACCEPT THE FINANCIAL REPORT FOR DECEMBER OF 2007, AS SUBMITTED BY THE CLERK-TREASURER. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 4; SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 4-0. SEE BOARD REFERRAL FILE NUMBER 08-001.

THE CLERK-TREASURER ANNOUNCED THAT THE CASH BASIS ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 2007 HAD BEEN COMPLETED AND FILED WITH THE AUDITOR OF STATE. HE NOTED THE TRAINING OFFERED BY THE TREASURER OF STATE AND THE ANNOUNCEMENT OF THE WORTHINGTON POLICE ACADEMY. HE STATED THAT THE FINAL PAYMENT HAD BEEN MADE TO THE ARNHOLT GROUP FOR 2007 AND THAT THE INSURANCE PACKAGE OFFERED BY THE DAWSON INSURANCE AGENCY HAD BEEN PURCHASED.

THE TWO NEWLY APPOINTED MEMBERS OF COUNCIL JOINED THE MEETING. THE MAYOR ADMINISTERED THE OATH OF OFFICE TO JOHN S. MCALEARNEY AND KIRK M. MCHUGH AS MEMBERS OF COUNCIL. BOTH APPOINTEES RECEIVED A COPY OF “OHIO ETHICS LAW AND RELATED STATUTES” AND SIGNED RECEIPTS FOR SAME. SEE BOARD REFERRAL FILE NUMBER 08-002 AND 08-003. MR. MCHUGH EXITED THE MEETING FOR A PREVIOUS COMMITMENT.

REPORTS OF OFFICIALS

THE MAYOR THANKED THE SOLICITOR FOR HIS WORK IN PREPARING FOR THE MEETING. SHE REPEATED THAT THERE WAS NO NEED FOR COLUMBUS TO CONSULT WITH RIVERLEA BEFORE THEY APPROVED THE DESIGNATION OF A SECTION OF THE OLENTANGY RIVER AS AN OHIO WATER TRAIL. SHE NOTED THE RECEIPT OF A LETTER FROM FEMA, THAT THE PLANNING COMMISSION SIGNS HAVE BEEN ORDERED AND NOTED HER APPEAL OF PLANNING COMMISSION ACTION.

THE MAYOR LED A DISCUSSION OF COUNCIL MEETING LOCATIONS. AN ATTORNEY GENERAL’S RULING THAT MEETINGS ARE TO BE HELD WITHIN THE JURISDICTION WAS QUOTED. THE SOLICITOR IS TO MEET WITH OUR STATE REPRESENTATIVE TO SEEK A LAW TO CLARIFY THE RULING.

THE MAYOR CALLED A SPECIAL MEETING OF COUNCIL FOR JANUARY 30, 2008, TO ADDRESS HER APPEAL OF THE PLANNING COMMISSION’S GRANTING OF A CERTIFICATE OF APPROPRIATENESS FOR A DEMOLITION AND REMODELING PROJECT AT 35 WEST RIVERGLEN DRIVE

THE SOLICITOR STATED THAT THE VILLAGE WOULD BE WITHOUT THE SERVICES OF A CLERK-TREASURER AFTER MARCH 31, 2008. THE MAYOR STATED THAT SHE WAS SEEKING A CLERK-TREASURER OR CLERK AND A TREASURER. THE SOLICITOR WILL HAVE COMMENTS ON THE 35 WEST RIVERGLEN DRIVE PROJECT LATER IN THE MEETING.

THE MARSHAL HAD NO REPORT.

THE STREET COMMISSIONER CONTINUED WITH A DESCRIPTION OF THE VILLAGES WATER PROBLEMS. A RECENT DROP IN PRESSURE OR LACK OF WATER WAS CAUSED BY A LEAK SOUTH OF THE VILLAGE. COLUMBUS IS NOT SURE AS TO THE CONDITION OF MAINS AND VALVES ALONG NORTH HIGH STREET NEAR GRACELAND SHOPPING CENTER. RESIDENTS SHOULD CONTACT THE COLUMBUS DIVISION OF WATER AND NOT LOCAL OFFICIALS WHEN PRESSURE DROPS. THE VILLAGE IS NOW OBTAINING WATER FROM A TANK NEAR ANHEUSER-BUSCH RATHER THAN ONE NEAR THE OHIO SCHOOL FOR THE BLIND. THE COLUMBUS DIVISION OF WATER IS AWARE OF THE LEAK ON DOVER COURT. THE DIVISION OF WATER STATES THAT THE VILLAGE HAS HAD FEW WATER LEAKS COMPARED TO OTHER AREAS.

THE PLANNING COMMISSION DID NOT MEET IN JANUARY BECAUSE OF LACK OF AN AGENDA AND A BUILDING/ZONING COMMISSIONER.

THE MARSHAL REPORTED 306 PATROL CHECKS, 0 WARNINGS, 0 ARRESTS AND 6 COMPLAINTS FOR THE MONTH OF DECEMBER.

THE STREET COMMISSIONER REPORTED ON A MEETING WITH BURGESS & NIPLE ABOUT OUR SEWER INSPECTION PROJECT. THE CLEANING SHOULD COST LESS THAN $6,000.00. THE OHIO EPA’S MAINTENANCE PLAN SHOULD BE COMPLETED IN 3 OR 4 MONTHS THERE WAS A PROBLEM WITH ROOTS IN A SERVICE LINE ON WEST SOUTHINGTON AVENUE. A CONSULTANT FOR WORTHINGTON IS MONITORING THEIR SEWER WITHIN THE VILLAGE.

THE NEWSLETTER EDITOR REQUESTED COPY FOR THE FEBRUARY NEWSLETTER BY FEBRUARY 5, 2008. SHE EXPRESSED THE OPINION THAT CONVERTING TO AN 8 1/2 BY 11 INCH DIRECTORY WOULD BE COSTLY; COUNCIL CONCURRED.

THE NEWSLETTER EDITOR REQUESTED COPY FOR THE MARCH NEWSLETTER BY MARCH 5, 2008. SHE REPORTED AN INCREASE IN ELECTRONIC COMMUNICATIONS WITH VILLAGE RESIDENTS.

THE WEBMASTER REQUESTED THAT SHE BE GIVEN UPDATED COPY AS SOON AS POSSIBLE. SHE WOULD LIKE TO INCLUDE THE AGENDA FOR COUNCIL MEETINGS ON THE WEB SITE.

COMMITTEE REPORTS

NO REPORTS WERE GIVEN.

COMMENTS FROM RESIDENTS ON AGENDA ITEMS

NO COMMENTS WERE OFFERED.

OLD BUSINESS

NO OLD BUSINESS WAS DISCUSED.

NEW BUSINESS

2008-01

SCHAER INTRODUCED RESOLUTION 2008-01, A RESOLUTION TO ADOPT RULES OF COUNCIL FOR 2008 AND TO PROVIDE FOR CERTAIN OTHER ORGANIZATIONAL MATTERS. SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO SUSPEND THE THREE READINGS OF RESOLUTION 2008-01. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; MCALEARNEY, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0. SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO ADOPT RESOLUTION 2008-01. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; MCALEARNEY, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0.

2008-02

TETTENHORST INTRODUCED RESOLUTION 2008-02, A RESOLUTION TO PROVIDE LEGAL COUNSEL FOR THE VILLAGE OF RIVERLEA. TETTENHORST MOVED AND SCHAER SECONDED A MOTION TO SUSPEND THE THREE READINGS OF RESOLUTION 2008-02. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; MCALEARNEY, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0. TETTENHORST MOVED AND SCHAER SECONDED A MOTION TO ADOPT RESOLUTION 2008-02. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; MCALEARNEY, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0.

2008-3

SHANNON INTRODUCED RESOLUTION 2008-03, A RESOLUTION TO PROVIDE FOR THE REMOVAL OF ICE AND SNOW FROM THE STREETS OF THE VILLAGE OF RIVERLEA AND TO DECLARE AN EMERGENCY. ZENISEK MOVED AND SHANNON SECONDED A MOTION TO SUSPEND THE THREE READINGS OF RESOLUTION 2008-03. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; MCALEARNEY, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0. TETTENHORST MOVED AND ZENISEK SECONDED A MOTION TO ADOPT RESOLUTION 2008-03. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; MCALEARNEY, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0.

2008-5

SCHAER INTRODUCED RESOLUTION 2008-04, A RESOLUTION TO CONFIRM THE APPOINTMENT OF MIKE JONES AS A MEMBER OF PLANNING AND ZONING COMMISSION. TETTENHORST MOVED AND SCHAER SECONDED A MOTION TO SUSPEND THE THREE READINGS OF RESOLUTION 2008-04. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; MCALEARNEY, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0. SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO ADOPT RESOLUTION 2008-04. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; MCALEARNEY, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0.

2008-05

SHANNON INTRODUCED RESOLUTION 2008-05, A RESOLUTION TO CONFIRM THE APPOINTMENT OF DANIEL A. MCINTYRE AS STREET COMMISSIONER. SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO SUSPEND THE THREE READINGS OF RESOLUTION 2008-05. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; MCALEARNEY, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0. SHANNON MOVED AND ZENISEK SECONDED A MOTION TO ADOPT RESOLUTION 2008-05. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; MCALEARNEY, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0.

2008-06

SCHAER INTRODUCED RESOLUTION 2008-06, A RESOLUTION TO CONFIRM THE APPOINTMENT OF JODY CROLEY JONES AS WEBMASTER. SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO SUSPEND THE THREE READINGS OF RESOLUTION 2008-06. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; MCALEARNEY, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0. SCHAER MOVED AND ZENISEK SECONDED A MOTION TO ADOPT RESOLUTION 2008-06. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; MCALEARNEY, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0.

SCHAER INTRODUCED AN ORDINANCE TO PROVIDE FOR THE ADMINISTRATION OF CERTAIN ZONING MATTERS, TO ESTABLISH AND ORGANIZE A PLANNING COMMISSION FOR THE VILLAGE OF RIVERLEA AND DECLARING AN EMERGENCY. THE CLERK-TREASURER READ THE PROPOSED ORDINANCE, BY TITLE, FOR ITS FIRST READING.

COMMENTS FROM RESIDENTS ON NON-AGENDA ITEMS

A RESIDENT SUGGESTED A MORATORIUM ON UTILITY CONNECTIONS AS A MEANS TO SLOW RESIDENTIAL DEVELOPMENT WITHIN THE VILLAGE.

LITIGATION

08-08

SCHAER MOVED AND SHANNON SECONDED A MOTION TO ENTER INTO EXECUTIVE SESSION PURSUANT TO O.R.C. 121.22(G)(3) TO ENGAGE IN A CONFERENCE WITH AN ATTORNEY FOR THE VILLAGE CONCERNING DISPUTES INVOLVING THE VILLAGE THAT ARE THE SUBJECT OF A PENDING COURT ACTION. IN RESPONSE TO A CALL OF THE ROLL, THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; MCALEARNEY, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0. ALL BUT THE COUNCIL, MAYOR, SOLICITOR AND CLERK-TREASURER EXITED THE MEETING.

08-09

SHANNON MOVED AND ZENISEK SECONDED A MOTION TO ADJOURN THE EXECUTIVE SESSION AND RETURN TO THE REGULAR COUNCIL MEETING. IN RESPONSE TO A CALL OF THE ROLL, THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; MCALEARNEY, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0.

NEXT MEETING AND ADJOURNMENT

THE MAYOR ANNOUNCED THAT THE NEXT REGULAR MEETING OF COUNCIL WILL BE HELD ON TUESDAY FEBRUARY 19, 2008, AT 7:30 P.M. AT 215 WEST RIVERGLEN DRIVE.

08-10

THERE BEING NO FURTHER BUSINESS, ZENISEK MOVED AND MCALEARNEY SECONDED A MOTION TO ADJOURN THE MEETING. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; MCALEARNEY, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0. THE MEETING WAS ADJOURNED AT 10:19 P.M.

MARY JO CUSACK, MAYOR

DAN E. OWENS, CLERK OF COUNCIL