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VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
June 19, 2006

THE COUNCIL OF THE VILLAGE OF RIVERLEA MET ON THE ABOVE DATE AT 302 WEST RIVERGLEN DRIVE. 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 MORTINE, MARSHAL; DAN E. OWENS, CLERK-TREASURER AND LOIS YOAKAM, NEWSLETTER EDITOR. GUESTS OF COUNCIL INCLUDED THOSE NAMED ON THE ATTACHED LIST. THE MAYOR CALLED THE MEETING TO ORDER AT 7:30 P.M.

APPEAL OF PLANNING COMMISSION RULING

06-26

THE MAYOR NOTED THE APPEAL OF A PLANNING COMMISSION DENIAL OF A VARIANCE ON JUNE 12, 2006, REQUESTED BY MIKE AND JACQUIE BLANCHARD. SEE ATTACHED NOTICE OF APPEAL. SCHAER MOVED AND ZENISEK SECONDED A MOTION TO HEAR THE APPEAL AT THAT TIME. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0. A REPRESENTATIVE OF SPECTRUM REPORTING LLC RECORDED A TRANSCRIPT OF THE HEARING. THE SOLICITOR ADMINISTERED AN OATH TO ALL WHO WISHED TO SPEAK TO THE ISSUE.

MR. AND MRS. BLANCHARD, THEIR ATTORNEY, ARCHITECT, REAL ESTATE AGENT AND APPRAISER AND SEVERAL RESIDENTS SUPPORTED THE BLANCHARDS. SOME OF THE REASONS FOR THE REQUESTED VARIANCE WERE AS FOLLOW: NEED FOR ADDITIONAL GARAGE SPACE REQUIRED FOR THE NUMBER OF VEHICLES OWNED, LOT IS LARGE ENOUGH TO ACCOMMODATE SAID STRUCTURE AND DESIRE TO MAINTAIN THE 'COTTAGE' ARCHITECTURE OF THE HOUSE AND GARAGE. PLANS OF THE PROPOSED GARAGE WERE DISPLAYED AND REQUIRED CURB CUTS WERE DISCUSSED.

MEMBERS OF THE PLANNING COMMISSION AND COUNCIL DISCUSSED THE DEFINITION OF A ONE AND/OR TWO CAR GARAGE, THE THREE CAR GARAGE LIMIT FOR ANY ONE PROPERTY, THE NUMBER OF GARAGE SPACES IN THE EXISTING HOME AND THE LARGE SIZE/BULK OF THE PROPOSED GARAGE.

06-27

ZENISEK MOVED AND SCHAER SECONDED A MOTION TO SUPPORT THE PLANNING COMMISSION'S RULING AND REJECT THE BLANCHARDS APPEAL. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 4; COLWELL, SCHAER, SHANNON AND ZENISEK: NAY, 2; GORDON AND TETTENHORST. THE MOTION CARRIED 4-2.

THE HEARING WAS CLOSED.

MINUTES

06-28

MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 15, 2006, WERE NOT READ SINCE EACH MEMBER HAD RECEIVED A COPY. SHANNON MOVED AND TETTENHORST SECONDED A MOTION THAT THE MINUTES 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.

CLERK-TREASURER REPORT

06-29

TETTENHORST MOVED AND SCHAER SECONDED A MOTION TO APPROVE THE PAYMENT OF BILLS AND TO ACCEPT THE FINANCIAL REPORTS FOR MAY 2006, AS SUBMITTED BY THE CLERK-TREASURER. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0. SEE BOARD REFERRAL FILE NO. 06-012.

THE CLERK-TREASURER REPORTED THAT THE INVESTMENT AND AUDIT COMMITTEE HAD MET ON JUNE 5, 2006. THE VILLAGE'S INVESTMENT PLAN WAS REVIEWED AND NO CHANGES WERE RECOMMENDED. THE GUERNSEY BANK CD WILL TERMINATE IN JULY. THE CLERK-TREASURER WILL CONFER WITH COMMITTEE MEMBERS AT THAT TIME ON AVAILABLE OPTIONS AND ADD ENDORSEMENTS TO THE INVESTMENT POLICY IF AN ADDITIONAL FINANCIAL INSTITUTION IS UTILIZED. THE COMMITTEE FINALIZED THE DRAFT OF THE VILLAGE TAX BUDGET FOR CALENDAR YEAR 2007.

THE CLERK-TREASURER INVITED ANYONE INTERESTED TO ATTEND A PRE-PROPOSAL MEETING WITH THE AUDITOR OF STATE'S OFFICE ON JULY 11, 2006.

REPORTS OF OFFICIALS

THE MAYOR REPORTED THAT THE DON SCOTT AIRPORT COMMITTEES WILL PROBABLY BE COMBINED INTO ONE COMMITTEE. OSU CONTINUES TO TAKE STEPS TO ENLARGE THE AIRPORT. A COMPLAINT MONITORING SYSTEM IS TO BE INSTALLED.

RICHARD HOLMES OF MOSQUITO SOLUTIONS PROPOSED A FOGGING PROGRAM FOR THE VILLAGE.

06-30

GORDON MOVED AND SCHAER SECONDED A MOTION TO APPROVE THE PAYMENT OF NO MORE THAN $100 TO SPONSOR AN ADVERTISEMENT IN THE WORTHINGTON SECTION OF THE OHIO POLICE CHIEF MAGAZINE. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 4; COLWELL, GORDON, SCHAER AND SHANNON: NAY, 2; TETTENHORST AND ZENISEK. THE MOTION CARRIED 4-2.

THE MAYOR REPORTED ON SUBJECTS COVERED IN PRESENTATIONS AT THE RECENT MAYORS ASSOCIATION OF OHIO CONFERENCE. INCLUDED WERE THE CONSUMER'S COUNSEL AND AEP, PROPERTY MAINTENANCE CODE, TEL AND TEL-LITE, PHONE SYSTEMS AND PANDEMIC FLU. INFORMATION ON THE PANDEMIC FLU WAS FORWARDED TO THE NEWSLETTER EDITOR..

THE SOLICITOR COMMENTED THAT HE IS REVIEWING BUILDING AND ZONING ORDINANCES WITH THE MAYOR AND BUILDING COMMISSIONER. HE IS WORKING WITH THE STREET COMMISSIONER TO ESTABLISH A STREET CONSTRUCTION PROGRAM. HE CONTINUES TO BE INVOLVED WITH THE DON SCOTT AIRPORT EXPANSION COMMITTEE(S). HE ADVISED THAT THE VILLAGE WILL HAVE TO HIRE OR CONTRACT WITH A PROPERTY MAINTENANCE INSPECTOR.

THE BUILDING/ZONING COMMISSIONER REPORTED THAT THE COMMISSION HAD APPROVED PROJECTS INVOLVING A PERGOLA AND LANDSCAPING, WINDOW RELOCATION AND ELIMINATION, A FENCE, AND DRIVEWAY WIDENING AND LANDSCAPING. THE COMMISSION HAD REFUSED A VARIANCE FOR A GARAGE. IT WAS NOTED THAT A WINDOW PROJECT HAS NOT BEEN COMPLETED AND A PATIO PROJECT HAS NOT BEEN FILED WITH THE COMMISSION.

THE MARSHAL REPORTED A MINIMUM OF ACTIVITY DURING MAY WITH SIX INCIDENTS AND NO ARRESTS. THE WORTHINGTON POLICE DEPARTMENT DID NOT SUBMIT A REPORT FOR THE PERIOD.

THE STREET COMMISSIONER REPORTED THAT OAKLAND NURSERY CAN SUPPLY TREES FOR THE FALL PLANTING PROGRAM FOR $400 EACH. IT WAS PROPOSED THAT HOME OWNERS PAY $150 AND THE VILLAGE $250. HE ALSO STATED THAT HE HAD CONTACTED C. F. BIRD & R. J. BULL, INC. TO OBTAIN A PRELIMINARY ENGINEERING REPORT OF WHAT IS REQUIRED FOR A STREET PROGRAM AND WHAT THE TOTAL COST MIGHT BE. IT WAS NOTED THAT STONE MATERIAL HAD BEEN PLACED IN BEVERLY COURT.

THE NEWSLETTER EDITOR WILL PUBLISH A NEWSLETTER IN AUGUST. A WORTHINGTON ARTS COUNCIL PROGRAM TO BE HELD IN THE CIRCLE AND THE PANDEMIC FLU REPORT (NO RELATIONSHIP) ARE TO BE COVERED.

WEBMASTER HAD NO REPORT.

COMMITTEE REPORTS

GORDON IS TO OVERSEE THE CHILDREN'S GAMES AT THE FOURTH OF JULY PICNIC.

COMMENTS FROM RESIDENTS ON AGENDA ITEMS

NO COMMENTS WERE OFFERED.

OLD BUSINESS

THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2003, OF WHICH EACH MEMBER OF COUNCIL HAD BEEN SUPPLIED A COPY, WAS DISCUSSED. COLWELL IS TO INVESTIGATE THE CODE AND REPORT TO COUNCIL.

MR. HADJARPOUR APPEARS TO BE IN PARTIAL COMPLIANCE WITH COUNCIL'S ACTION AT ITS MAY MEETING CONCERNING HIS DECK. COUNCIL REQUESTED THAT THE SOLICITOR COLLECT ANY AVAILABLE FILES, SO THAT HE CAN ADDRESS COUNCIL'S CONCERN OF NON COMPLIANCE TO MR. HADJARPOUR.

06-31

AFTER SOME DISCUSSION, SCHAER MOVED AND GORDON SECONDED A MOTION TO AUTHORIZE THE EXPENDITURE OF NOT MORE THAN $540 FOR FOUR APPLICATIONS OF MOSQUITO CONTROL BY PEST CONTROL SOLUTIONS. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 5; COLWELL, GORDON, SCHAER, SHANNON AND ZENISEK: NAY, 1; TETTENHORST. THE MOTION CARRIED 5-1.

06-32

GORDON MOVED AND TETTENHORST SECONDED A MOTION TO MAKE A CONTRIBUTION OF $250 TO THE CITY OF WORTHINGTON'S FIREFIGHTER'S PARK. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

02-06

ORDINANCE 02-06, AN ORDINANCE TO ESTABLISH MINIMUM FRONTAGE REQUIREMENTS FOR BUILDING LOTS WITHIN THE VILLAGE WAS READ BY TITLE FOR ITS SECOND READING. SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO SUSPEND THE THREE READINGS OF ORDINANCE 02-06. 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 GORDON SECONDED A MOTION TO ENACT ORDINANCE 02-06. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

06-33

TETTENHORST MOVED AND SCHAER SECONDED A MOTION TO APPROVE THE VILLAGE'S TAX BUDGET FOR CALENDAR YEAR 2007, AS SUBMITTED BY THE INVESTMENT AND AUDIT COMMITTEE. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

NEW BUSINESS

06-34

COLWELL MOVED AND SCHAER SECONDED A MOTION TO AUTHORIZE THE EXPENDITURE OF NOT MORE THAN $2,000 FOR THE JULY 4, 2006, PICNIC 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.

06-35

GORDON MOVED AND SHANNON SECONDED A MOTION TO AUTHORIZE THE EXPENDITURE OF NOT MORE THAN $140 FOR THE MAYOR TO ATTEND THE MAYORS ASSOCIATION OF OHIO CONFERENCE. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

06-36

SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO AUTHORIZE THE EXPENDITURE OF NOT MORE THAN $4,000, OF THE VILLAGE'S MONEY FOR THE FALL TREE PLANTING PROGRAM. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

06-37

TETTENHORST MOVED AND GORDON SECONDED A MOTION TO AUTHORIZE THE EXPENDITURE OF NOT MORE THAN $2,500 FOR A PRELIMINARY ENGINEERING STUDY OF THE VILLAGE'S STREETS BY C. F. BIRD & R. J. BULL, INC. 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 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 MONDAY SEPTEMBER 18, 2006, AT 7:30 P.M. AT 5697 DOVER COURT.

06-38

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, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0. THE MEETING WAS ADJOURNED AT 10:12 P.M.

MARY JO CUSACK, MAYOR

DAN E. OWENS, CLERK OF COUNCIL

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