VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
MAY 21, 2007

THE COUNCIL OF THE VILLAGE OF RIVERLEA MET ON THE ABOVE DATE AT 215 WEST RIVERGLEN DRIVE. THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: MARY JO CUSACK, MAYOR; PAMELA M. COLWELL; SCOTT K. GORDON; RENEE SHANNON, RODNEY TETTENHORST AND PAUL J. ZENISEK. ALSO PRESENT WERE DANIEL A. MCINTYRE, STREET COMMISSIONER; STEVEN W. MERSHON, SOLICITOR; NEIL R. MORTINE, MARSHAL; 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 7:34 P.M.

MINUTES

07-21

THE LAST SENTENCE OF THE THIRD PARAGRAPH OF NEW BUSINESS OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 16, 2007 WAS CORRECTED AS FOLLOWS: THE CREATION OF THE NEW LOT WOULD BE CONDITIONAL UPON COMMON OWNERSHIP (OF ALL SUBJECT PARCELS DELETED) OF THE NEWLY CREATED LOT (ADDED). THE MINUTES WERE NOT READ SINCE EACH MEMBER HAD RECEIVED A COPY. COLWELL MOVED AND SHANNON SECONDED A MOTION THAT THE CORRECTED MINUTES BE APPROVED. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0.

CLERK-TREASURER REPORT

07-22

TETTENHORST MOVED AND SHANNON SECONDED A MOTION TO APPROVE THE PAYMENT OF BILLS AND TO ACCEPT THE FINANCIAL REPORT FOR APRIL OF 2007, AS SUBMITTED BY THE CLERK-TREASURER. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0. SEE BOARD REFERRAL FILE NUMBER 07-005.

THE CLERK-TREASURER NOTED THE NEED TO HOLD AN INVESTMENT AND AUDIT COMMITTEE MEETING BEFORE THE JUNE COUNCIL MEETING TO PREPARE A DRAFT OF THE 2008 VILLAGE BUDGET AND THAT MEMBERSHIP OF THE COMMITTEE NEEDS TO BE UPDATED. A COPY OF A LETTER FROM TIME WARNER CABLE WAS PRESENTED. HE REPORTED THAT A W-9 FORM AND WORKERS COMPENSATION CERTIFICATE HAD BEEN REQUESTED FROM THE ARNHOLT GROUP. THE CLERK-TREASURER REQUESTED COUNCIL ACTION ON THE CF BIRD + RJ BULL INC. INVOICE.

REPORTS OF OFFICIALS

THE MAYOR ANNOUNCED THAT CHESTER JOURDAN, EXECUTIVE DIRECTOR OF MORPC, WOULD NOT BE ABLE TO ATTEND THE MEETING. SHE AGAIN REPORTED THAT THE MINUTES OF THE DON SCOTT AIRPORT ADVISORY COMMITTEE MEETINGS ARE NOT COMPLETE AND TEND TO CONTAIN ONLY THE UNIVERSITY’S POSITION. SHE STATED THAT FLOW REMAINS AN ACTIVE ORGANIZATION AND ITS ACTIONS NEED TO BE MONITORED. THE MAYOR HAS APPOINTED A VILLAGE LAND USE COMMITTEE TO ADVISE COUNCIL ON POSSIBLE REVISION OF ORDINANCES. SHE NOTED THAT FRANKLIN COUNTY DESIRES A REVISED CONTRACT TO ENFORCE THE VILLAGE’S BUILDING CODE AND REVIEW PROPOSED BUILDING PLANS. THE MAYOR NOTED SOME POSSIBLE STATE AND LOCAL LEGISLATION THAT COUNCIL SHOULD BE AWARE OF; A CABLE BILL, RESTRICTION OF DEVELOPMENT NEAR THE OLENTANGY RIVER, REGIONAL BIKE PATHS AND THE ELIMINATION OF ESTATE TAXES. SHE COMMENTED THAT AT&T AND AEP ARE CONTINUING THEIR TREE TRIMMING PROGRAM WITHIN THE VILLAGE.

THE MAYOR NOTED THE PASSING OF DANIEL A. NOBLE, A LONG TIME RESIDENT OF THE VILLAGE AND FORMER MEMBER OF THE PLANNING COMMISSION. THE RECENT ACCOMPLISHMENTS OF RESIDENTS AMANDA RODEWALD, JAMES A. RUBINO AND NEIL MORTINE WERE COMMENDED.

THE SOLICITOR REPORTED HAVING DRAFTED BUILDING DEPARTMENT, CODE ENFORCEMENT, MOSQUITO SPRAYING AND NOTICE FOR VARIANCE AND CERTIFICATE OF APPROPRIATENESS LEGISLATION. HE WILL FOLLOW UP ON THE CF BIRD + RJ BULL INC. INVOICE. THE SOLICITOR CONTINUES TO MONITOR THE EPA SANITARY SEWER ACTION. HE NOTED THAT ANY DESIRED CHANGE IN ELECTED OFFICIAL’S COMPENSATION MIGHT BEST BE ENACTED AT THE JUNE COUNCIL MEETING.

THE BUILDING/ZONING COMMISSIONER’S REPORT WAS GIVEN BY THE MAYOR. THE PLANNING COMMISSION MET MAY 14, 2007, AND APPROVED A VARIANCE AND CERTIFICATE OF APPROPRIATENESS FOR AN ADDITION TO THE REAR OF A HOME, DENIED A VARIANCE WHICH WAS CONTINGENT UPON A LOT SPLIT AND DENIED A CERTIFICATE OF APPROPRIATENESS FOR A PORCH ENCLOSURE.

THE MARSHAL REPORTED 246 PATROL CHECKS, 4 WARNINGS, 7 CITATIONS ISSUED, AND 8 COMPLAINTS FILED BY THE WORTHINGTON POLICE DURING APRIL. 2 HOME ROBBERIES WERE DISCUSSED. A RESIDENT DESCRIBED THE ROBBERY AT HER HOME IN DETAIL.

THE STREET COMMISSIONER NOTED THAT AT&T SEEMS WILLING TO REPAIR DAMAGE DONE BY THEIR WORKERS. A QUOTE TO REPAIR SIGNS APPEARED EXTREMELY HIGH; THE COMMISSIONER WILL FOLLOW UP ON THE PROPOSED WORK. THE STREET AND CURB COMMITTEE WILL MEET BEFORE THE JUNE COUNCIL MEETING; AN INVENTORY OF THE CURBS, GUTTERS AND PAVEMENT HAS BEGUN. THE COMMISSIONER ATTENDED THE FRANKLIN COUNTY BOARD OF HEALTH ANNUAL MEETING AT WHICH MOSQUITO SPRAYING WAS DISCUSSED.

THE NEWSLETTER EDITOR REQUESTED COPY FOR THE NEXT PUBLICATION BY JUNE 5, 2007.

THE WEBMASTER HAD NO REPORT. A QUESTION OF SPAM CAUSING THE VILLAGE’S WEB SITE TO CRASH WAS ALLUDED TO.

COMMITTEE REPORTS

COUNCIL DISCUSSED THE 4TH OF JULY PICNIC. THE CONCESSUS EXPRESSED THE WISH TO CONTINUE AS IN THE PAST SEVERAL YEARS, THAT IS NO MEAT, BAND OR DANCING. SINCE THE PARKS AND RECREATION COMMITTEE CHAIR WILL BE OUT OF TOWN, A PICNIC CHAIR IS TO BE SOUGHT.

COLWELL SUGGESTED THAT THE VILLAGE OF RIVERLEA RESIDENT INFORMATION PUBLICATION SHOULD BE DISTRIBUTED TO NEW RESIDENTS WITH THEIR DIRECTORIES AND ALSO PLACED ON THE VILLAGE’S WEB SITE. COUNCIL AGREED.

COMMENTS FROM RESIDENTS ON AGENDA ITEMS

A RESIDENT ASKED FOR ADDITIONAL MEMBERS ON THE INVESTMENT AND AUDIT COMMITTEE.

ANOTHER RESIDENT WAS CONCERNED THAT THE VILLAGE DID NOT HAVE AN EMERGENCY PLAN. THE MAYOR AND SOLICITOR ASSURED THE RESIDENT THAT THE VILLAGE WAS COVERED BY ITS CONTRACT WITH THE WORTHINGTON POLICE CONTRACT AND THE OHIO REVISED CODE.

OLD BUSINESS

AT THE REQUEST OF THE SOLICITOR, ACTION ON THE CF BIRD + RJ BULL INC. INVOICE WILL BE TAKEN AT THE JUNE COUNCIL MEETING.

NEW BUSINESS

02-2007

AS PREPARED BY THE SOLICITOR, COUNCIL DISCUSSED ORDINANCE NO. 02-2007, AN ORDINANCE TO ESTABLISH A RESIDENTIAL BUILDING DEPARTMENT FOR THE VILLAGE OF RIVERLEA AND DECLARING AN EMERGENCY. THE SOLICITOR EXPLAINED THAT A CHANGE IN THE OHIO REVISED CODE REQUIRED A RESIDENTIAL BUILDING DEPARTMENT. TETTENHORST MOVED AND COLWELL SECONDED A MOTION TO SUSPEND THE THREE READINGS OF ORDINANCE NO. 02-2007. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0. COLWELL MOVED AND TETTENHORST SECONDED A MOTION TO ENACT ORDINANCE NO. 02-2007. AFTER SOME DISCUSSION, THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 4; COLWELL, GORDON, SHANNON AND TETTENHORST: NAY, 1; ZENISEK. THE MOTION CARRIED 4-1.

2007-07

COLWELL INTRODUCED RESOLUTION NO 2007-07, A RESOLUTION TO PROVIDE FOR BUILDING CODE ENFORCEMENT AND PLAN REVIEW WITHIN THE VILLAGE OF RIVERLEA AND DECLARING AND EMERGENCY. COUNCIL QUESTIONED WHY FRANKLIN COUNTY WOULD NOT BE RESPONSIBLE FOR WORK DONE UNDER THIS RESOLUTION. THE SOLICITOR EXPLAINED THAT ANY BODY THE VILLAGE CONTRACTED WITH WOULD REQUIRE THE SAME WAIVER AND THAT THE ONLY CHOICE THE VILLAGE HAD WAS TO PROVIDE ITS OWN ENFORCEMENT AND REVIEW. COLWELL MOVED AND TETTENHORST SECONDED A MOTION TO SUSPEND THE THREE READINGS OF RESOLUTION NO. 2007-07. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0. COLWELL MOVED AND TETTENHORST SECONDED A MOTION TO ENACT RESOLUTION NO. 2007-07. AFTER ADDITIONAL DISCUSSION, THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 4; COLWELL, GORDON, SCHAER, SHANNON AND TETTENHORST: NAY, 1; ZENISEK. THE MOTION CARRIED 4-1.

2007-08

GORDON INTRODUCED RESOLUTION NO 2007-08, A RESOLUTION TO PROVIDE FOR THE SPRAYING OF THE VILLAGE OF RIVERLEA TO REDUCE MOSQUITO POPULATIONS . COUNCIL QUESTIONED WHY THE CITY OF COLUMBUS WOULD BE PERFORMING THE SPRAYING AND NOT THE COUNTY HEALTH DEPARTMENT. THE MAYOR RESPONDED THAT THE CITY WAS WILLING TO DO THE SPRAYING AND THE HEALTH DEPARTMENT HAD NOT FOR SEVERAL YEARS. TETTENHORST MOVED AND ZENISEK SECONDED A MOTION TO SUSPEND THE THREE READINGS OF RESOLUTION NO. 2007-08. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0. GORDON MOVED AND SHANNON SECONDED A MOTION TO ENACT RESOLUTION NO. 2007-08. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0.

THE CLERK-TREASURER REPORTED THAT HE HAD MAILED THE VILLAGE’S 2007 ANNUAL STORM WATER REPORT TO THE OHIO EPA FOR COUNCIL MEMBER JOHN A. SCHAER. THE SOLICITOR COMMENTED THAT THE FORMAT OF THE REPORT SHOULD BE CHANGED FOR THE 2007 ANNUAL REPORT.

COUNCIL REQUESTED THAT THE ARNHOLT GROUP SUPPLY A W-9 FORM AND A WORKERS COMPENSATION CERTIFICATE BEFORE PERFORMING ADDITIONAL WORK FOR THE VILLAGE.

THE VILLAGE WEBMASTER ENTERED THE MEETING AND REQUESTED THAT ANYONE RECEIVING SPAM ON AN AOL ACCOUNT THROUGH THE VILLAGE’S WEB SITE NOT REPORT IT. SUCH REPORTING CAN CAUSE THE VILLAGE WEB SITE TO BE LOST AND REQUIRE A TEDIOUS RELOADING. THE WEBMASTER EXITED THE MEETING.

THE STREET COMMISSIONER NOTED THE VILLAGE FIRE HYDRANTS MAY BE FLUSHED FROM MAY 21 THROUGH MAY 25.

2007-06

COLWELL INTRODUCED AN ORDINANCE TO PROVIDE ADDITIONAL NOTICE FOR CERTAIN MATTERS PENDING BEFORE THE VILLAGE PLANNING COMMISSION. THE ORDINANCE WAS READ BY TITLE FOR ITS FIRST READING. THE NEED AND APPLICATION OF SAID ORDINANCE WAS DISCUSSED.

COMMENTS FROM RESIDENTS ON NON-AGENDA ITEMS

A RESIDENT QUESTIONED THE SPLITTING OF LOTS WITHIN THE VILLAGE AND SUPPORTED THE CONCEPT OF ANNOUNCING PLANNING COMMISSION OR COUNCIL MEETINGS DEALING WITH THE SUBJECT WITH A SIGN IN FRONT OF THE PARCEL.

OHIO PRIVATE PROPERTY RIGHTS WERE DISCUSSED. IT WAS STATED THAT CARE SHOULD BE TAKEN WHEN THE VILLAGE CHANGES VENDORS.

NEED FOR WORKERS COMPENSATION INSURANCE FOR VENDORS WAS REITERATED.

A RESIDENT STATED THAT THE MAYOR HAD INSTRUCTED THE WORTHINGTON POLICE TO TARGET HER FAMILY. THE MAYOR DENIED THE ACCUSATION.

NEXT MEETING AND ADJOURNMENT

THE MAYOR ANNOUNCED THAT THE NEXT REGULAR MEETING OF COUNCIL WILL BE HELD ON MONDAY JUNE 18, 2007, AT 7:30 P.M. AT 222 WEST RIVERGLEN DRIVE.

07-23

07-23 THERE BEING NO FURTHER BUSINESS, ZENISEK MOVED AND TETTENHORST SECONDED A MOTION TO ADJOURN THE MEETING. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 5-0. THE MEETING WAS ADJOURNED AT 9:41 P.M.

MARY JO CUSACK, MAYOR

DAN E. OWENS, CLERK OF COUNCIL