VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
SEPTEMBER 19 , 2005

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; NEIL R. MORTINE, MARSHAL; DAN E. OWENS, CLERK-TREASURER AND LOIS YOAKAM NEWSLETTER EDITOR. DIANE SLATER AND MICHAEL THOMAN WERE GUESTS OF COUNCIL. THE MAYOR CALLED THE MEETING TO ORDER AT 7:30 P.M.

MINUTES

05-37

MINUTES OF THE PREVIOUS REGULAR MEETING OF JUNE 20, 2005, WERE NOT READ SINCE EACH MEMBER HAD RECEIVED A COPY. TETTENHORST MOVED AND SCHAER SECONDED A MOTION THAT THE MINUTES OF THE MEETING 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.

05-38

MINUTES OF THE SPECIAL MEETING OF JUNE 29, 2005, WERE NOT READ SINCE EACH MEMBER HAD RECEIVED A COPY. SHANNON MOVED AND SCHAER SECONDED A MOTION THAT THE MINUTES OF THE MEETING BE APPROVED AS SUBMITTED. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0

05-39

MINUTES OF THE SPECIAL MEETING OF JULY 12, 2005, WERE NOT READ SINCE EACH MEMBER HAD RECEIVED A COPY. ZENISEK MOVED AND COLWELL SECONDED A MOTION THAT THE MINUTES OF THE MEETING 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.

THE SPECIAL MEETING POSTED FOR JULY 18, 2005 WAS NOT HELD BECAUSE THE CERTIFICATE OF ESTIMATED PROPERTY TAX REVENUE HAD NOT BEEN RECEIVED.

05-40

MINUTES OF THE SPECIAL MEETING OF JULY 31, 2005, WERE NOT READ SINCE EACH MEMBER HAD RECEIVED A COPY. TETTENHORST MOVED AND COLWELL SECONDED A MOTION THAT THE MINUTES OF THE MEETING BE APPROVED. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

05-41

MINUTES OF THE EMERGENCY MEETING OF AUGUST 24, 2005, WERE NOT READ SINCE EACH MEMBER HAD RECEIVED A COPY. IT WAS NOTED THAT A PUBLIC NOTICE OF THE MEETING HAD NOT BEEN POSTED, DUE TO THE MEETING’S EMERGENCY NATURE. COLWELL MOVED AND TETTENHORST SECONDED A MOTION THAT THE MINUTES OF THE MEETING BE APPROVED. 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

THE CLERK-TREASURER REPORTED ON THE CERTIFICATE OF DEPOSIT TRANSACTION OF JUNE 22, 2005. SEE BOARD REFERRAL FILE NO. 05-015.

05-42

SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO APPROVE THE PAYMENT OF BILLS AND TO ACCEPT THE FINANCIAL REPORTS FOR JUNE, JULY AND AUGUST 2005, 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 NO. 05-016, -017 AND -018.

THE CLERK-TREASURER NOTED THE PRELIMINARY NOTICE OF THE ANNUAL DISCHARGE FEE FROM THE OHIO EPA, THE REQUEST FOR A TRUSTEE FROM THE WORTHINGTON LIBRARIES AND STAR OHIO’S ANNUAL REPORT.

REPORTS OF OFFICIALS

THE MAYOR REPORTED THAT SHE SUBMITTED HER NAME FOR THE AIRPORT NOISE COMMITTEE AND THE SOLICITOR’S NAME FOR THE AIRPORT ADVISORY COMMITTEE BOTH RELATIVE TO DON SCOTT AIRPORT EXPANSION. SHE HAD RECEIVED TWO COMMENTS ABOUT DOG WASTE, BUT THE PROPOSED SOLUTIONS WERE IMPRACTICAL. AN EXCELLENT POLICE RESPONSE REPORT WAS RECEIVED RELATIVE TO A ROBBERY, BUT SPEED REMAINS A PROBLEM. SHE COMMENTED THAT STREETS ARE FOR CARS NOT CHILDREN’S PLAY OR BASKETBALL GAMES. THE STREET COMMISSIONER IS REPORTED TO BE WORKING ON CATCH BASIN REPAIR. THE MAYOR ATTENDED AN AMERICAN ELECTRIC POWER MEETING AND DISTRIBUTED SEVERAL REPORTS TO COUNCIL RELATIVE TO POWER OUTAGES IN THE AREA. SHE SOLICITED ATTENDEES FOR OML, KEEP FRANKLIN COUNTY BEAUTIFUL, WETLANDS AND COMC MEETINGS.

THE SOLICITOR IS DRAFTING A LETTER TO A RESIDENT ABOUT A BASKETBALL POLE AND BASKET IN THE VILLAGE’S RIGHT-OF-WAY. HE HAS PREPARED A 2005-2006 ICE AND SNOW RESOLUTION. HE REPORTED THE NEED FOR A 2004 STORM WATER REPORT. THE SOLICITOR COMMENTED THAT THE CODIFICATION PROJECT IS NEARING COMPLETION BUT THAT THE BUILDING/ZONING/ZONING COMMISSION SECTIONS REQUIRE REFINEMENT. COUNCIL IS REVIEWING THE CODIFICATION DOCUMENT.

THE BUILDING/ZONING COMMISSIONER REPORTED THE APPROVAL OF SIX SMALL PROJECTS IN JUNE, ONE PROJECT TABLED AND A GARAGE PROJECT APPROVED IN JULY AND THE TABLED FENCE PROJECT APPROVED IN AUGUST. INSPECTIONS WERE MADE OF THE INSTALLATION OF WINDOWS IN A PORCH AND THE CONSTRUCTION OF A SHED. THE NEED FOR COORDINATION OF TITLES AND DUTIES WITH RESPECT TO THE CODIFICATION OF ORDINANCES WAS AGAIN DISCUSSED.

THE MARSHAL REPORTED THAT THE WORTHINGTON POLICE DEPARTMENT REPORTED A MINIMUM OF ACTIVITY DURING JUNE, JULY AND AUGUST; 34 INCIDENTS, 0 ARRESTS, 6 REPORTS FILED FOR THE THREE MONTHS AND NEARLY 300 PATROL CHECKS EACH MONTH. ONE INCIDENT INVOLVED A RESIDENT FIRING A BB GUN AT POLICE OFFICERS.

THE STREET COMMISSIONER REPORTED THE NEED FOR A DEFINITIVE STREET NAME. HE STATED THAT CERTAIN CATCH BASINS ARE TO BE REPAIRED.

THE NEWSLETTER EDITOR AND VILLAGE WEBMASTER HAD NO REPORTS.

COMMITTEE REPORTS

05-43

HALLOWEEN TRICK OR TREAT WILL BE THE SAME DATE AND TIME AS SET BY WORTHINGTON. ZENISEK MOVED AND SCHAER SECONDED A MOTION TO AUTHORIZE THE EXPENDITURE OF UP TO $200.00 ON THE HALLOWEEN EVENT IN THE CIRCLE. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

COMMENTS FROM RESIDENTS ON AGENDA ITEMS

NO COMMENTS WERE OFFERED.

OLD BUSINESS

A RESOLUTION TO OPPOSE THE SO-CALLED “TAXPAYER’S BILL OF RIGHTS (TABOR) CONSTITUTIONAL AMENDMENT WAS READ, BY TITLE, FOR THE SECOND TIME. THE MAYOR DISTRIBUTED COPIES OF THE PROPOSED CONSTITUTIONAL AMENDMENT AND RELATED MATERIAL.

NEW BUSINESS

COLWELL INTRODUCED A RESOLUTION TO PROVIDE FOR THE REMOVAL OF ICE AND SNOW FROM THE STREETS OF THE VILLAGE OF RIVERLEA. THE RESOLUTION WAS READ, BY TITLE, FOR THE FIRST TIME.

856

THE CLERK-TREASURER PRESENTED RESOLUTION NO. 856, RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR. IT WAS NOTED THAT THE AMOUNTS AND RATES GIVEN DID NOT REFLECT ANY LEVIES THAT MIGHT BE VOTED ON IN NOVEMBER OF 2005. SCHAER MOVED AND ZENISEK SECONDED A MOTION TO SUSPEND THE THREE READINGS OF RESOLUTION NO. 856. 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 ZENISEK SECONDED A MOTION TO ADOPT RESOLUTION NO. 856. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

857

SCHAER INTRODUCED ORDINANCE NO. 857, AN ORDINANCE TO CHANGE THE NAME OF AN EXISTING STREET WITHIN THE VILLAGE TO PIONEERS COURT AND TO DECLARE AN EMERGENCY. DISCUSSION FOLLOWED AND THE MAYOR REPORTED THAT SHE HAD CONTACTED ALL BUT TWO RESIDENTS OF PIONEER(S) STREET/COURT AND FOUND NO OBJECTION TO THE ORDINANCE. SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO SUSPEND THE THREE READINGS OF RESOLUTION NO. 857. 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 NO. 857. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

SHANNON REPORTED ON THE RESIDENT VS NONRESIDENT FEES CHARGED BY THE WORTHINGTON PARKS AND RECREATION COMMUNITY CENTER. THE NUMBER OF RIVERLEA RESIDENTS INVOLVED AND THE DIFFERENCE IN FEES WERE DEEMED MINIMAL.

COLWELL QUESTIONED HOW THE RECENT REAL ESTATE APPRAISAL WOULD EFFECT THE VILLAGE’S RETURN FROM THE NOVEMBER PROPOSED TAX LEVY. THE SOLICITOR WILL QUESTION THE COUNTY AUDITOR ON THIS ISSUE.

COMMENTS FROM RESIDENTS ON NON-AGENDA ITEMS

MICHAEL THOMAN OPENED A DISCUSSION ON THE 2006 POLICE CONTRACT BY QUESTIONING WHY COUNCIL WAS EVEN CONSIDERING SHARON TOWNSHIP’S PROPOSAL.

THE CITY OF WORTHINGTON AND SHARON TOWNSHIP’S PROPOSALS WERE REVIEWED. ISSUES DISCUSSED CENTERED ON RESPONSE TIME AND COST. THE NEED TO COMMUNICATE WITH RIVERLEA RESIDENTS AS TO COUNCIL’S ACTIONS WAS DEEMED PARAMOUNT.

05-44

GORDON MADE A MOTION THAT RIVERLEA RENEW THE POLICE CONTRACT WITH WORTHINGTON FOR 2006. AFTER ADDITIONAL DISCUSSION GORDON WITHDREW HIS MOTION.

THE SOLICITOR WILL PREPARE TWO RESOLUTIONS FOR COUNCIL’S CONSIDERATION AT ITS OCTOBER MEETING, ONE TO CONTINUE WITH WORTHINGTON AND THE OTHER TO SWITCH TO SHARON TOWNSHIP FOR POLICE PROTECTION IN 2006.

ZENISEK WILL ATTEMPT TO MAKE AN “APPLES TO APPLES” COMPARISON OF THE TWO POLICE FORCES.

DIANE SLATER COMMENTED ON “TABOR” IN COLORADO, THE STATE OF THEIR FORMER RESIDENCE. SHE AGREED HEARTILY WITH COUNCIL’S RESOLUTION.

NEXT MEETING AND ADJOURNMENT

THE MAYOR ANNOUNCED THAT THE NEXT REGULAR MEETING OF COUNCIL WILL BE HELD ON MONDAY, OCTOBER 17, 2005, AT 7:30 P.M. AT 5814 WESTCHESTER COURT.

05-45

THERE BEING NO FURTHER BUSINESS, SCHAER MOVED AND ZENISEK 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 9:05 P.M.

MARY JO CUSACK, MAYOR

DAN E. OWENS, CLERK OF COUNCIL