VILLAGE OF RIVERLEA
SPECIAL COUNCIL MEETING
NOVEMBER 8, 2006

MINUTES OF THE REGULAR COUNCIL MEETING OF SEPTEMBER 18, 2006, WERE NOT READ SINCE EACH MEMBER HAD RECEIVED A COPY. SCHAER MOVED AND COLWELL

SECONDED A MOTION THAT THE MINUTES BE APPROVED AS SUBMITTED BY THE CLERK-TREASURER. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SCHAER, SHANNON AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0.

CLERK-TREASURER REPORT

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 DANIEL A. MCINTYRE, STREET COMMISSIONER; STEVEN W. MERSHON, SOLICITOR AND DAN E. OWENS, CLERK-TREASURER. MRS. LADAN H. WILLIAMS WAS A GUEST OF COUNCIL. THE MAYOR CALLED THE MEETING TO ORDER AT 7:33 P.M.

C:

THE MAYOR DISMISSED THE THIRD AGENDA ITEM, THE POSSIBILITY OF A CAR WASH ON NORTH HIGH STREET NEAR THE VILLAGE, SINCE IT WAS NO LONGER RELEVANT. ON NOVEMBER 6, 2006, THE CITY OF COLUMBUS TURNED DOWN THE REZONING REQUEST THAT WOULD HAVE ALLOWED A SELF-SERVICE CAR WASH AT 5510 NORTH HIGH STREET.

A:

THE FINANCING AND BALLOT PROCEDURE FOR THE PROPOSED STREET AND CURB REPLACEMENT PROGRAM WAS DISCUSSED AT LENGTH. THE SOLICITOR REPORTED THAT A BOND ISSUE COULD BE VOTED ON BY THE ELECTORATE IN FEBRUARY, MAY OR NOVEMBER OF 2007. THE COST OF AN ELECTION TO THE VILLAGE WAS CONSIDERED. A CONSENSUS WAS REACHED THAT THE PROGRAM WOULD COST, FROM THE ENGINEERS ESTIMATE OF, APPROXIMATELY $1,500,000; ADDED FOR CONTINGENCIES WOULD BE $100,000; AND THE VILLAGE’S TREASURY SHOULD COVER $300,000; THUS REQUIRING A $1,300,000 BOND ISSUE. THE BONDS COULD BE ISSUED AT THE CURRENT ESTIMATED INTEREST RATE OF 5.25% PER YEAR. THE FEBRUARY ELECTION DATE WAS FAVORED.

TETTENHORST FAVORED THE NOVEMBER ELECTION DATE TO ALLOW MORE TIME TO ASSESS THE NEED FOR A TOTAL STREET AND CURB PROGRAM, POSSIBLE LOWER ELECTION COSTS AND TO REVIEW ENGINEERING SPECIFICATIONS.

MRS. WILLIAMS REQUESTED THAT RESIDENTS OF BEVERLY PLACE BE CONSULTED IF ANY CHANGES WERE TO BE MADE TO THE EAST END OF THEIR STREET. COUNCIL ASSURED HER THAT THEIR INPUT WOULD BE SOLICITED.

04-06

ORDINANCE NO. 04-06, AN ORDINANCE REQUESTING FISCAL OFFICER TO CERTIFY MAXIMUM MATURITY OF BONDS, AND DECLARING AN EMERGENCY WAS READ BY TITLE FOR THE FIRST TIME. THE ORDINANCE SPECIFIED A BOND ISSUE OF $1,300,000. GORDON MOVED AND SCHAER SECONDED A MOTION TO SUSPEND THE THREE READINGS OF ORDINANCE NO. 04-06. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SCHAER, SHANNON AND ZENISEK: NAY, 1; TETTENHORST. THE MOTION CARRIED 5-1. GORDON MOVED AND SCHAER SECONDED A MOTION TO ADOPT ORDINANCE NO. 04-06. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SCHAER, SHANNON AND ZENISEK: NAY, 1; TETTENHORST. THE MOTION CARRIED 5-1.

THE CLERK-TREASURER CERTIFIED THAT THE MAXIMUM MATURITY OF THE BONDS FOR THE IMPROVEMENTS TO BE MADE WITH THE PROPOSED ISSUE OF BONDS WOULD BE 20 YEARS.

05-06

ORDINANCE NO. 05-06, AN ORDINANCE DECLARING THE NECESSITY OF ISSUING BONDS, SUBMITTING THE QUESTION TO THE ELECTORS OF THE VILLAGE, AND DECLARING AN EMERGENCY WAS READ FOR THE FIRST TIME. THE ORDINANCE REQUESTED THE COUNTY AUDITOR TO SET THE MILLAGE FOR A 20 YEAR, $1,300,000 BOND ISSUE, AT AN INTEREST RATE OF 5.25% PER ANNUM TO BE VOTED ON AT A FEBRUARY 6, 2007, ELECTION. SCHAER MOVED AND COLWELL SECONDED A MOTION TO SUSPEND THE THREE READINGS OF ORDINANCE NO. 05-06. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SCHAER, SHANNON AND ZENISEK: NAY, 1; TETTENHORST. THE MOTION CARRIED 5-1. SCHAER MOVED AND COLWELL SECONDED A MOTION TO ADOPT ORDINANCE NO. 05-06. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SCHAER, SHANNON AND ZENISEK: NAY, 1; TETTENHORST. THE MOTION CARRIED 5-1.

2006-07

  RESOLUTION 2006-07, A RESOLUTION RETAINING BOND ATTORNEYS IN CONNECTION WITH PROCEEDINGS TO SUBMIT A BOND ISSUE TO THE ELECTORS OF THE VILLAGE AND DECLARING AN EMERGENCY WAS READ, BY TITLE, FOR THE FIRST TIME. THE FIRM OF PECK, SHAFFER & WILLIAMS LLP, ARE TO SERVE AS THE BOND ATTORNEYS. SCHAER MOVED AND COLWELL SECONDED A MOTION TO SUSPEND THE THREE READINGS OF RESOLUTION NO. 2006-07. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0. SCHAER MOVED AND COLWELL SECONDED A MOTION TO ADOPT RESOLUTION 2006-07. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

B:

AN EPA LETTER, DATED OCTOBER 26, 2006, AND ITS ENCLOSED PROPOSED FINDINGS AND ORDERS (SEE ATTACHMENTS TO THESE MINUTES) PROMPTED THE THREAT OF LEGAL ACTION BEING BROUGHT AGAINST THE VILLAGE BY THE STATE OF OHIO ENVIRONMENTAL PROTECTION AGENCY. THE SOLICITOR AND STREET COMMISSIONER GAVE SOME BACKGROUND ON THE CITY OF COLUMBUS’ INTERACTION WITH THE EPA, THE INVOLVEMENT OF THE SUBURBS AND THE INFILTRATION OF STORM WATER INTO THE SANITARY SEWER SYSTEMS.

06-49

PURSUANT TO SECTION 122.21(G)(3) OF THE OHIO REVISED CODE AND FACING THE PENDING AND IMMINENT THREAT OF LITIGATION, SHANNON MOVED AND ZENISEK SECONDED A MOTION FOR COUNCIL TO ENTER INTO EXECUTIVE SESSION. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: COLWELL, YEA; GORDON, YEA; SCHAER, YEA; SHANNON, YEA; TETTENHORST, YEA AND ZENISEK, YEA. THE MOTION CARRIED 6, YEA; 0, NAY. MRS. WILLIAMS EXITED THE MEETING.

06-50

SCHAER MOVED AND SHANNON SECONDED A MOTION FOR COUNCIL TO EXIT EXECUTIVE SESSION. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: COLWELL, YEA; GORDON, YEA; SCHAER, YEA; SHANNON, YEA; TETTENHORST, YEA AND ZENISEK, YEA. THE MOTION CARRIED 6, YEA; 0, NAY.

COUNCIL TOOK NO ACTION IN, OR AS A RESULT OF, THE EXECUTIVE SESSION.

06-51

THERE BEING NO FURTHER BUSINESS, SCHAER MOVED AND COLWELL SECONDED A MOTION TO ADJOURN THE MEETING. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0. THE MEETING WAS ADJOURNED AT 9:15 P.M.

MARY JO CUSACK, MAYOR

DAN E. OWENS, CLERK OF COUNCIL