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VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
January 18 , 2005

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; SCOTT K. GORDON; JOHN A. SCHAER; RENEE SHANNON AND RODNEY TETTENHORST. 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. PAMELA M. COLWELL WAS A GUEST OF COUNCIL. THE MAYOR CALLED THE MEETING TO ORDER AT 7:32 P.M.

COUNCIL HAD NOT MET IN REGULAR, SPECIAL OR EXECUTIVE SESSION SINCE ADJOURNMENT OF THE DECEMBER 20, 2004 REGULAR MEETING OF COUNCIL.

05-01

THE MAYOR SOLICITED NOMINATIONS FOR PRESIDENT PRO TEM OF COUNCIL FOR CALENDAR YEAR 2005. JOHN A. SCHAER AND DAVID G. MOORE WERE NOMINATED. THE FOLLOWING VOTE WAS RECORDED ON THE NOMINEES: SCHAER, 3; MOORE, 1. THE MAYOR ADMINISTERED THE OATH OF OFFICE TO JOHN A. SCHAER AS PRESIDENT PRO TEM OF COUNCIL FOR CALENDAR YEAR 2005. SEE BOARD REFERRAL FILE NO. 05-001.

TWO RESIDENTS HAD SUBMITTED RSUMS AND STATEMENTS TO THE CLERK-TREASURER EXPRESSING INTEREST IN FILLING THE VACANT COUNCIL SEAT, PAMELA M. COLWELL AND PAUL J. ZENISECK. COLWELL MADE A SHORT PRESENTATION AND OFFERED TO FIELD QUESTIONS FROM COUNCIL MEMBERS.

05-02

SCHAER MOVED AND TETTENHORST SECONDED A MOTION FOR COUNCIL TO ENTER INTO EXECUTIVE SESSION, PURSUANT TO OHIO REVISED CODE SECTION 121.22(G)(1), TO CONSIDER THE APPOINTMENT OF A PUBLIC OFFICIAL, VIZ, THE APPOINTMENT OF A PERSON TO FILL AN EXISTING VACANCY AS A MEMBER OF THE RIVERLEA VILLAGE COUNCIL. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 4; GORDON, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 4-0. ALL ELECTED VILLAGE OFFICIALS PRESENT AND THE SOLICITOR EXITED TO ENTER INTO EXECUTIVE SESSION AND OTHERS PRESENT REMAINED AT THE REGULAR MEETING SITE.

05-03

IN EXECUTIVE SESSION, SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO ADJOURN THE EXECUTIVE SESSION AND RETURN TO THE REGULAR OPEN COUNCIL MEETING. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 4; GORDON, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 4-0. THE ELECTED VILLAGE OFFICIALS AND THE SOLICITOR RECONVENED THE REGULAR MEETING OF COUNCIL.

05-04

SHANNON MOVED AND SCHAER SECONDED A MOTION TO APPOINT PAMELA M. COLWELL TO FULFILL THE UNEXPIRED TERM OF KAREN S. GERMAN MEMBER OF COUNCIL. SAID TERM EXPIRES DECEMBER 31, 2007. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 3; GORDON, SCHAER AND SHANNON: NAY, NONE: ABSTAIN, ONE; TETTENHORST. THE MOTION CARRIED 3-0-1. THE MAYOR ADMINISTERED THE OATH OF OFFICE TO PAMELA M. COLWELL AND PAMELA ACKNOWLEDGED RECEIPT OF 'OHIO ETHICS LAW AND RELATED STATUTES'. SEE BOARD REFERRAL FILE NO'S. 05-002 AND 05-003.

MINUTES

05-05

MINUTES OF THE PREVIOUS REGULAR MEETING OF DECEMBER 20, 2004, 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, 5; COLWELL, GORDON, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 5-0.

CLERK-TREASURER REPORT

05-06

SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO APPROVE THE PAYMENT OF BILLS AND TO ACCEPT THE FINANCIAL REPORTS FOR DECEMBER 2004, AS SUBMITTED BY THE CLERK-TREASURER. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 5-0. SEE BOARD REFERRAL FILE NO. 05-004.

THE CLERK-TREASURER REPORTED THAT THE CASH BASIS ANNUAL FINANCIAL REPORT FOR THE YEAR ENDING DECEMBER 31, 2004, HAS BEEN PREPARED, IS TO BE SUBMITTED TO THE AUDITOR OF STATE AND WILL BE REVIEWED BY COUNCIL AT ITS FEBRUARY MEETING. THE INSURANCE PROGRAM FOR 2005 WAS GIVEN TO THE SOLICITOR FOR REVIEW. THE CLERK-TREASURER, IN CONSULTATION WITH THE MAYOR, SOLICITOR AND PERS, WILL PREPARE 1099'S, AS IN PAST YEARS, FOR 2004; PERS STATED THAT THE VILLAGE'S ELECTED OFFICIALS ARE NOT ELIGIBLE FOR PERS UNLESS EMPLOYEES OF THE VILLAGE ARE MEMBERS OF PERS.

REPORTS OF OFFICIALS

THE MAYOR REPORTED ON POWER OUTAGES, CONCERNS OF THE PUBLIC UTILITIES COMMISSION OF OHIO, FRANKLIN COUNTY TERRORISM ADVISORY TEAM, WINTER STORM DISASTER ASSISTANCE, SWACO'S SOLID WASTE MANAGEMENT PLAN AND COLUMBUS SAVES WEEK.

THE MAYOR SUBMITTED HER STATE OF THE VILLAGE REPORT; COPY IS ATTACHED.

THE MAYOR REPORTED ON THE STATUS OF THE PROPOSED UNIVERSITY AIRPORT EXPANSION; THE UNIVERSITY DOES NOT PLAN TO CONDUCT AN EIS; MORPC HAS BECOME INVOLVED; ACTION BY THE UNIVERSITY HAS BEEN DELAYED. SHE THANKED COUNCIL MEMBERS FOR CIRCULATING PETITIONS RELATIVE TO THE AIRPORT EXPANSION. THE MAYOR EXPRESSED INTEREST IN DELAYING THE LIFT STATION REPLACEMENT UNTIL COLUMBUS ANNOUNCES PLANS FOR A MAJOR SEWER IN THE AREA.

THE MAYOR APPOINTED DANIEL A. McINTYRE AS STREET COMMISSIONER OF THE VILLAGE OF RIVERLEA FOR THE ONE-YEAR PERIOD BEGINNING APRIL 1, 2005, AND ENDING MARCH 31, 2006. SEE BOARD REFERRAL FILE NO. 05-005.

THE SOLICITOR REPORTED CONTINUED WORK WITH CODIFICATION, BUILDING AND ZONING ISSUES, INSURANCE, RELATIONSHIP OF THE VILLAGE WITH THE MUNICIPAL COURT SYSTEM, RECORDS RETENTION AND LOT COVERAGE. THESE ISSUES AWAIT THE COMPLETION OF THE CODIFICATION PROJECT.

THE BUILDING/ZONING COMMISSIONER REPORTED THAT THE COMMISSION HAD APPROVED DOORS AND COLOR OF SIDING FOR ONE PROJECT. LOT COVERAGE LEGISLATION WAS DISCUSSED, BUT DEFERRED UNTIL AFTER THE CODIFICATION PROJECT IS COMPLETED.

THE MARSHAL REPORTED THAT THE WORTHINGTON POLICE MADE 329 PATROL CHECKS, BUT FILED NO REPORTS DURING DECEMBER.

THE STREET COMMISSIONER REPORTED THAT THE STREETS HAD BEEN SWEPT. COUNCIL DISCUSSED STORM AND SANITARY SEWERS; NO ACTION WAS TAKEN.

THE NEWSLETTER EDITOR REQUESTED THAT COPY FOR THE FEBRUARY NEWSLETTER BE SUBMITTED BY FEBRUARY 5, 2005. SHE IS PREPARING UPDATES TO THE VILLAGE DIRECTORY. SHE WAS GIVEN SEVERAL SUGGESTED TOPICS FOR THE NEWSLETTER ARTICLES. COUNCIL EXPRESSED GREAT PLEASURE WITH THE EDITOR'S WORK. THE WEBMASTER HAD NO REPORT.

COMMITTEE REPORTS

NO REPORTS WERE GIVEN.

COMMENTS FROM RESIDENTS ON AGENDA ITEMS

NO COMMENTS WERE OFFERED.

OLD BUSINESS

SIGNAGE WITHIN THE VILLAGE WAS DISCUSSED AT LENGTH. TETTENHORST INTRODUCED A NEW ORDINANCE, AN ORDINANCE TO FURTHER REGULATE SIGNAGE IN THE VILLAGE. THE ORDINANCE WAS READ BY TITLE FOR ITS FIRST READING.

05-07

SHANNON MOVED AND SCHAER SECONDED A MOTION FOR COUNCIL TO ENTER INTO EXECUTIVE SESSION, PURSUANT TO OHIO REVISED CODE SECTION 121.22(G)(1), TO CONSIDER COMPENSATION OF VILLAGE OFFICIALS, VIZ, THE BUILDING/ZONING COMMISSIONER AND STREET COMMISSIONER. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 5-0. ALL ELECTED VILLAGE OFFICIALS PRESENT AND THE SOLICITOR EXITED TO ENTER INTO EXECUTIVE SESSION AND OTHERS PRESENT REMAINED AT THE REGULAR MEETING SITE.

05-08

IN EXECUTIVE SESSION, TETTENHORST MOVED AND SCHAER SECONDED A MOTION TO ADJOURN THE EXECUTIVE SESSION AND RETURN TO THE REGULAR OPEN COUNCIL MEETING. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 5-0. THE ELECTED VILLAGE OFFICIALS AND THE SOLICITOR RECONVENED THE REGULAR MEETING OF COUNCIL.

05-09

TETTENHORST MOVED AND SCHAER SECONDED A MOTION TO REMOVE AN ORDINANCE TO RAISE THE BUILDING/ZONING COMMISSIONER'S COMPENSATION FROM $1,500 TO $2,500 PER ANNUM FROM THE TABLE. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 5-0.

05-10

TETTENHORST MOVED AND SCHAER SECONDED A MOTION TO INCREASE THE BUILDING/ZONING COMMISSIONER'S AND STREET COMMISSIONER'S COMPENSATION BY 20%. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 5-0.

AN ORDINANCE TO RAISE THE BUILDING/ZONING COMMISSIONER'S COMPENSATION FROM $1,500 TO $1,800 PER ANNUM AND THE STREET COMMISSIONER'S COMPENSATION FROM $1,500 TO $1,800 PER ANNUM WAS GIVEN ITS THIRD READING, BY TITLE. NO VOTE TO ENACT THE ORDINANCE WAS TAKEN.

NEW BUSINESS

844

AS RECOMMENDED BY THE MAYOR AND SOLICITOR AND SUGGESTED BY THE FRANKLIN COUNTY AUDITOR AND TREASURER, SCHAER INTRODUCED RESOLUTION NO. 844, A RESOLUTION WITHHOLDING CONSENT FOR THE REMISSION OF TAXES, PENALTIES AND INTEREST ON AN APPLICATION FOR REAL PROPERTY TAX EXEMPTION FILED UNDER SECTION 3 OF SUB. H.B. 362 OF THE 124th GENERAL ASSEMBLY AND DECLARING AN EMERGENCY. TETTENHORST MOVED AND SCHAER SECONDED A MOTION TO SUSPEND THE THREE READINGS OF RESOLUTION NO. 844. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 5-0. SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO ENACT RESOLUTION NO. 844. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 5-0. THE CLERK-TREASURER WILL FILE A COPY OF RESOLUTION NO. 844 WITH THE FRANKLIN COUNTY AUDITOR BY FEBRUARY 15, 2005.

TETTENHORST INTRODUCED A RESOLUTION TO CONFIRM THE APPOINTMENT OF DANIEL A. McINTYRE AS STREET COMMISSIONER BEGINNING APRIL 1, 2005, AND CONTINUING UNTIL MARCH 31,2006. THE RESOLUTION WAS READ BY TITLE FOR ITS FIRST READING.

COMMENTS FROM RESIDENTS ON NON-AGENDA ITEMS

NO COMMENTS WERE OFFERED.

NEXT MEETING AND ADJOURNMENT

THE MAYOR ANNOUNCED THAT THE NEXT REGULAR MEETING OF COUNCIL WILL BE HELD ON TUESDAY, FEBRUARY 22, 2005, AT 7:30 P.M. AT 229 WEST SOUTHINGTON AVENUE.

05-11

THERE BEING NO FURTHER BUSINESS, SCHAER MOVED AND GORDON SECONDED A MOTION TO ADJOURN THE MEETING. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 5-0. THE MEETING WAS ADJOURNED AT 9:52 P.M.

MARY JO CUSACK, MAYOR

DAN E. OWENS, CLERK OF COUNCIL

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