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VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
December 20 , 2004

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; KAREN S. GERMAN; SCOTT K. GORDON; DAVID G. MOORE; JOHN A. SCHAER, PRESIDENT PRO TEM; RENEE SHANNON AND RODNEY TETTENHORST. ALSO PRESENT WERE GARY A. BRUCK, BUILDING/ZONING COMMISSIONER; DANIEL A. McINTYRE, STREET COMMISSIONER; STEVEN W. MERSHON, SOLICITOR; DAN E. OWENS, CLERK-TREASURER AND LOIS YOAKAM NEWSLETTER EDITOR. GUESTS OF COUNCIL INCLUDED PAMELA COLWELL, REBECCA KRUTKO, LAURA BISCHOFF, VICTORIA PERO, FREDRIC STECK AND AMANDA RODEWALD. THE MAYOR CALLED THE MEETING TO ORDER AT 7:30 P.M.

MINUTES

04-60

MINUTES OF THE PREVIOUS REGULAR MEETING OF NOVEMBER 15, 2004, WERE NOT READ SINCE EACH MEMBER HAD RECEIVED A COPY. MOORE MOVED AND GERMAN 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; GERMAN, GORDON, MOORE, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 6-0.

CLERK-TREASURER REPORT

04-61

MOORE MOVED AND SCHAER SECONDED A MOTION TO APPROVE THE PAYMENT OF BILLS AND TO ACCEPT THE FINANCIAL REPORTS FOR NOVEMBER 2004, AS SUBMITTED BY THE CLERK-TREASURER. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; GERMAN, GORDON, MOORE, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 6-0. SEE BOARD REFERRAL FILE NO. 04-025.

REPORTS OF OFFICIALS

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 SOLICITOR'S REPORT IS TO BE COVERED BY STATEMENTS LATER IN THE MEETING.

THE BUILDING/ZONING COMMISSIONER REPORTED THAT THE COMMISSION HAD APPROVED ONE PROJECT, A MUD ROOM, SINCE THE LAST MEETING OF COUNCIL. THE COMMISSION WILL MEET IN JANUARY TO CONSIDER COLORS AND MATERIALS ON A PREVIOUSLY APPROVED PROJECT.

THE PRESIDENT PRO TEM GAVE THE MARSHAL'S REPORT. WORTHINGTON POLICE MADE 312 PATROL CHECKS, BUT TOOK NO REPORTS DURING NOVEMBER.

THE STREET COMMISSIONER REPORTED THAT REPAIRS ON WEST SOUTHINGTON AVENUE HAVE BEEN COMPLETED. THE REPLACEMENT OF CURB CUTS, CURBS AND SIDEWALKS WAS DISCUSSED.

THE NEWSLETTER EDITOR REPORTED ON FORTHCOMING UPDATES TO THE DIRECTORY. SHE WAS ADVISED OF THE RECENT PASSING OF WILLIAM A. JAMES. THE WEBMASTER HAD NO REPORT.

COMMITTEE REPORTS

IT WAS REPORTED THAT ALL TREES PLANTED IN THE RECENT PROGRAM ARE IN A SATISFACTORY CONDITION; ONE TREE HAD TO BE REPLACED DUE TO A DAMAGED LIMB.

OLD BUSINESS

WITH THE PERMISSION OF COUNCIL, THE MAYOR ALTERED THE AGENDA TO CONSIDER THE FOLLOWING FOUR ORDINANCES.

838

ORDINANCE NO. 838, AN ORDINANCE AUTHORIZING THE MAYOR OF THE VILLAGE OF RIVERLEA OHIO TO CONTRACT WITH THE CITY OF WORTHINGTON, OHIO AND THE WORTHINGTON POLICE DEPARTMENT TO PROVIDE POLICE SERVICES IN THE VILLAGE AND DECLARING AN EMERGENCY WAS GIVEN ITS THIRD READING BY TITLE. SCHAER MOVED AND SHANNON SECONDED A MOTION TO ADOPT ORDINANCE NO. 838. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; GERMAN, GORDON, MOORE, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 6-0.

839

ORDINANCE NO. 839, AN ORDINANCE TO PROVIDE LEGAL COUNSEL FOR THE VILLAGE OF RIVERLEA WAS GIVEN ITS THIRD READING BY TITLE. MOORE MOVED AND SCHAER SECONDED A MOTION TO ADOPT ORDINANCE NO. 839. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; GERMAN, GORDON, MOORE, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 6-0.

840

ORDINANCE NO. 840, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE CITY OF COLUMBUS FOR LEGAL REPRESENTATION IN CERTAIN CRIMINAL AND TRAFFIC CASES WAS GIVEN ITS THIRD READING BY TITLE. MOORE MOVED AND SCHAER SECONDED A MOTION TO ADOPT ORDINANCE NO. 840. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; GERMAN, GORDON, MOORE, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 6-0.

841

ORDINANCE NO. 841, AN ORDINANCE PROVIDING OF THE REMOVAL OF ICE AND SNOW FROM THE STREETS OF THE VILLAGE OF RIVERLEA WAS GIVEN ITS THIRD READING BY TITLE. SCHAER MOVED AND GERMAN SECONDED A MOTION TO REPLACE THE FIRST "OF" WITH "FOR", IN THE TITLE, AND TO ADOPT ORDINANCE NO. 841, AN ORDINANCE PROVIDING FOR THE REMOVAL OF ICE AND SNOW FROM THE STREETS OF THE VILLAGE OF RIVERLEA. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; GERMAN, GORDON, MOORE, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 6-0.

COMMENTS FROM RESIDENTS ON AGENDA ITEMS

QUESTIONS AND COMMENTS WERE OFFERED ON THE SCENIC RIVER RESOLUTION. RIGHTS OF RIVER FRONT PROPERTY OWNERS AND WHAT RIGHTS THEY MIGHT LOSE, IF ANY, IF THE RIVER WAS DESIGNATED A SCENIC RIVER WERE DISCUSSED. ALSO THE WISHES OF NON RIVER FRONT RESIDENTS WERE CONSIDERED. THE EFFECT ON PROPERTY VALUE OF BOTH GROUPS OF RESIDENTS WAS ALSO DISCUSSED.

COMMENTS WERE AGAIN OFFERED RELATIVE TO THE PROPOSED SIGN ORDINANCE. MOST OF THE CONCERNS INVOLVED NEED FOR SUCH AN ORDINANCE, BOTH PRO AND CON. DESIRE FOR MINIMAL GOVERNMENT CONTROL, LACK OF GRASS ROOT SUPPORT, DESIRE TO USE NEIGHBOR TO NEIGHBOR PRESSURE, NEED FOR SOME RESTRICTION, THE EFFECT SIGNS COULD HAVE ON PROPERTY VALUE AND THE LEGALITY OF SUCH AN ORDINANCE WERE POINTS EXPRESSED.

842

GORDON MOVED AND TETTENHORST SECONDED A MOTION TO REMOVE RESOLUTION NO. 842, A RESOLUTION TO OPPOSE THE DESIGNATION OF THAT PORTION OF THE OLENTANGY RIVER WITHIN AND ADJACENT TO THE VILLAGE OF RIVERLEA AS A SCENIC RIVER BY THE OHIO DEPARTMENT OF NATURAL RESOURCES FROM THE TABLE (SEE PARAGRAPH 04-57, NOVEMBER 2004). THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 4; GERMAN, GORDON, SHANNON AND TETTENHORST: NAY, 2; MOORE AND SCHAER. THE MOTION CARRIED 4-2. TETTENHORST MOVED AND GORDON SECONDED A MOTION TO ADOPT ORDINANCE NO. 842. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION:, 5; GERMAN, GORDON, SCHAER, SHANNON AND TETTENHORST: NAY, 1; MOORE. THE MOTION CARRIED 5-1.

NO ACTION WAS TAKEN ON AN ORDINANCE TO FURTHER REGULATE SIGNAGE IN THE VILLAGE. MOORE, SCHAER TETTENHORST AND THE SOLICITOR ARE WORKING ON REVISIONS FOR THE ORDINANCE.

THE CLERK-TREASURER REPORTED THAT THE INVESTMENT AND AUDIT COMMITTEE HAD MET TO FINALIZE ANNUAL APPROPRIATION ORDINANCE (VILLAGE) AND REVIEW THE VILLAGE'S INVESTMENT POLICY. NO CHANGES TO THE INVESTMENT POLICY WERE RECOMMENDED.

843

ORDINANCE NO. 843, ANNUAL APPROPRIATION ORDINANCE (VILLAGE), AS MODIFIED BY THE INVESTMENT AND AUDIT COMMITTEE, WAS GIVEN ITS THIRD READING BY TITLE. COUNCIL REVIEWED THE ORDINANCE AND GERMAN MOVED AND SCHAER SECONDED A MOTION TO ADOPT ORDINANCE NO. 843. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; GERMAN, GORDON, MOORE, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 6-0.

04-62

MOORE MOVED AND SCHAER SECONDED A MOTION TO TABLE AN ORDINANCE TO RAISE THE BUILDING/ZONING COMMISSIONER'S COMPENSATION FROM $1,5000 TO $2,500 PER ANNUM. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; GERMAN, GORDON, MOORE, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 6-0.

COUNCIL PLANS TO MEET, IN EXECUTIVE SESSION, TO DISCUSS COMPENSATION OF VILLAGE OFFICIALS.

THE SOLICITOR IS REVIEWING THE RESULTS OF THE CODIFICATION PROJECT. NO ACTION WAS TAKEN.

GORDON STATED THAT THERE SEEMS TO BE NO NEED TO ACT ON SCHOOL REDISTRICTING AT THIS TIME.

NEW BUSINESS

A RESOLUTION TO APPOINT THE STREET COMMISSIONER FOR THE PERIOD OF APRIL 1, 2005, THROUGH MARCH 31, 2006, WILL BE SUBMITTED TO COUNCIL AT ITS NEXT MEETING.

THE CLERK-TREASURER WAS ADVISED THAT THE MAYOR AND SOLICITOR WOULD ASSIST HIM IN PROCESSING PERS, IRS AND SOCIAL SECURITY DOCUMENTS FOR THE ELECTED OFFICIALS REQUESTING PERS COVERAGE.

DUE TO HER MOVING FROM THE VILLAGE, KAREN S. GERMAN SUBMITTED HER RESIGNATION AS A MEMBER OF COUNCIL. SEE BOARD REFERRAL FILE NO. 04-026. THE MAYOR, SPEAKING FOR ALL OF COUNCIL, THANKED KAREN FOR HER YEARS OF SERVICE TO THE VILLAGE AND PRESENTED HER WITH A CERTIFICATE OF APPRECIATION.

THE COUNCIL VACANCY IS TO BE PUBLICIZED IN THE NEWSLETTER AND ON THE WEB SITE. COUNCIL PLANS TO APPOINT A REPLACEMENT AT ITS JANUARY MEETING.

COMMENTS FROM RESIDENTS ON NON-AGENDA ITEMS

NO ADDITIONAL COMMENTS WERE OFFERED.

NEXT MEETING AND ADJOURNMENT

THE MAYOR ANNOUNCED THAT THE NEXT REGULAR MEETING OF COUNCIL WILL BE HELD ON TUESDAY, JANUARY 18, 2005, AT 7:30 P.M. AT 215 WEST RIVERGLEN DRIVE. COUNCIL WILL MEET, IN EXECUTIVE SESSION, AT 7:15 P.M. ON THE SAME DATE AND AT THE SAME LOCATION TO DISCUSS COMPENSATION OF VILLAGE OFFICIALS.

04-63

THERE BEING NO FURTHER BUSINESS, SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO ADJOURN THE MEETING. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; GERMAN, GORDON, MOORE, SCHAER, SHANNON AND TETTENHORST: NAY, NONE. THE MOTION CARRIED 6-0. THE MEETING WAS ADJOURNED AT 9:04 P.M.

MARY JO CUSACK, MAYOR

DAN E. OWENS, CLERK OF COUNCIL

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