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If you have difficulty accessing these files due to incompatibility with adaptive technology, contact the Village of Riverlea Clerk Treasurer at: clerktreasurer@riverleaohio.com

Meeting Archive Home

Regular Council Meeting

March 15, 2010

The Council of the Village of Riverlea met on the above date at the Thomas Worthington High School, Worthington. The following Council members were present: Mayor Mary Jo Cusack, Jon L. Ankrom, Scott K. Gordon, Briggs W. Hamor, Eric A. MacGilvray, and Daniel W. Noonan. Kirk M. McHugh was absent. Also present were Pamela M. Colwell, Clerk-Treasurer, Steven W. Mershon, Solicitor, William Charles, Street Commissioner, Kent Shimeall, Marshal, Michael Jones, Planning Commissioner, and Jennifer Koontz with Runfola Reporters. Guests of Council were Suzanne Butler, Don Brogan, Julie Brogan, John Groeber, Don and Betty Campbell, Christine Sleeper, Sam McConnell, Mike Blanchard and Kent Anders. At 7:05 pm the Mayor called the meeting to order

Susan Costakos-Slomka Condolences

  1. The Mayor expressed her regret that Susan Costakos-Slomka died earlier this week. On behalf of the Village and herself, the Mayor extends her deepest sympathies to Susan’s family. Susan contributed a lot to the Village including her participation in helping with the Bunny Hop and other community activities. Most residents probably remember her most for her cheery greetings as she walked her dog. She will be missed by all

Planning Commission Appeal

Appeal Consideration

  1. Kent Anders dba MIG Properties LLC appealed the denial of a Certificate of Appropriateness by the Planning Commission for 142 West Riverglen Drive on March 8, 2010. Council had to determine whether to consider the appeal.
    1. MIG Properties filed an application for a Certificate of Appropriateness (COA) to modify two items in the original COA and to get a COA for two fences. The Commission declined the COA by a vote of 2 in favor and 1 against. Two members of the Commission were absent so only three members were present. By Village ordinance there had to be a majority of three votes in favor to approve the application.
    2. The Planning Commissioner stated they were charged with enforcing the ordinances that Council enacts. He received an email from the appellants asking for approval to brick the entire front of the addition. He responded that the Planning Commission had to approve it before they proceeded. The work on the front brick had begun before approval was granted. No sample or drawings were submitted for the COA modification. The motion that failed was for all three issues on the application.
    3. MIG Properties interpreted the email response from the Commissioner that he liked it and it was what the Commission wanted to begin with. They assumed getting approval was just formalizing the request, so they proceeded with installing the brick.
  2. Noonan moved and MacGilvray seconded the motion to hear the appeal tonight. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray, and Noonan: Nay, None. The Motion carried 5-0.

    When hearing the appeal, Council must consider only the material and information that was presented before the Planning Commission and no new evidence, material or information. At the hearing Council may take one of three actions:
    1. Uphold or affirm the decision of the Planning Commission
    2. With the agreement of the appellant, return the issue back to the Planning Commission for further consideration
    3. Reverse the decision of the Planning Commission

Appeal

  1. Noonan moved and MacGilvray seconded the motion to consider the testimony that had already been given for the appeal. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray, and Noonan: Nay, None. The Motion carried 5-0.
    1. MIG Properties stated that they erred by putting the fence COA with the COA modification request. However, from the COA hearing they concluded that the brick was the problem, not the fence or turret roofing material. They did continue with installing the brick on the front of the addition.
    2. The Commissioner stated that after the decision and with further discussion, he felt there was an issue with the fence but it was not fully addressed at the meeting. The fact that there was new brick being added to the reclaimed brick made the change to the original COA more complicated. Without seeing a sample of the new brick, the Commission cannot be sure the brick is as it is claimed to be – produced by the same manufacturer of the old brick in the same color. The Commission tries to do what is right for the community.
    3. After testimony concluded, Council stated that this looked like it was not an aesthetic issue since everyone agreed the brick on the front of the addition looks great. This was more about the manner on how it was done. The work should have been stopped until approval was obtained. Council does not want to set a precedent of allowing people to ignore the COA. They also expressed their concern that two members of the Commission were absent. Hamor admonished Mike
  2. Ankrom moved and MacGilvray seconded the motion to reverse the decision of the Planning Commission. They found the Planning Commission’s decision constituted a misuse of discretion. The following vote was recorded on the motion: Yea, 5; Ankrom, Hamor, MacGilvray, and Noonan: Nay, 1; Gordon. The Motion carried 4-1


Minutes

  1. The minutes of the regular Council meeting of January 19, 2010 were not read since each member had received a copy. Gordon moved and MacGilvray seconded a motion that the minutes be approved as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 5; Gordon, Hamor, MacGilvray, McHugh and Noonan: Nay, None. The Motion carried 5-0.

Report of the Clerk-Treasurer

  1. Ankrom moved and Hamor seconded a motion to approve the payment of bills and to accept the financial report for February 2010, as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.
  2. The Clerk-Treasurer reported that the Village’s financial files will be audited this month. The Village is audited every two years

Report of the Mayor

  1. The Mayor stated there is a need for expediting some of the Certificate of Appropriateness process. She would like Council to let her know of any possible solutions so they can be considered at the next Council meeting. The only recourse for violations of our ordinances is to go to court and that is expensive. She will speak with the Planning Commission member who did not provide an explanation of why he did not attend the last meeting.
  2. There is a problem with cell phones when calling 911. Residents need to tell the 911 operator that we are served by Worthington. She put this information in the March Newsletter

Report of the Solicitor

  1. The Solicitor reminded the new Council members that they are required to attend public records training or designate someone to go on their behalf.
  2. He asked Council to also give him their ideas for expediting the Planning Commission process.

Report of the Planning Commissioner

  1. The Commissioner reported there were two other applications for a Certificate of Appropriateness at the last meeting besides the one that was appealed today. A fence and driveway was approved for 156 West Riverglen Drive. A second floor addition and garage door was approved for 5812 Olentangy Blvd.

Report of the Marshal

  1. The Marshal reported that the police report was routine with 254 checks.
  2. He has seen more signs in the Village as well as a POD on Olentangy Blvd. that he will look at to make sure they are in compliance with our ordinances.

Report of the Street Commissioner

  1. The Commissioner has the proposal from Burgess & Niple for the 2010 Pavement Preventative Maintenance Program that was outlined in the 2009 Street Evaluation and Improvement Program. The fee for professional services will not exceed $21,000.
  2. The Commissioner also has a proposal from Burgess & Niple regarding the Sanitary Sewer Evaluation Study for year 2 – televising the sewers and manhole inspections. He is not asking for approval at this meeting.
  3. He received an email from 266 Beverly Place claiming a snow plow damaged their yard and curb. He looked at it and felt the damage to the yard was mild but the drain for the roof was damaged at the curb. He asked about the snow plow operator’s liability. The Solicitor stated that in the past the residents have done their own lawn repairs but he will review the contract with Sharon Township.
  4. He received an email from 5849 Olentangy Blvd. regarding a sanitary sewer backup. He had Waterworks come out to check the main sanitary manholes upstream and downstream from their house and they saw no problems, so it looks like it is a problem with their line to the street.
  5. The potholes need to be repaired as soon as possible before they become bigger. He is going to ask Decker to come out for the repairs.
  6. A lift station monitoring system would have helped him keep a closer check on any possible overflow problems. He asked Council to consider his request to purchase this system at the next meeting.

Report of the Newsletter Editor

  1. The Editor would like copy for the Newsletter by April 5.

Report of the Web Manager

  1. Mike Jones gave the report for the Web Manager. The Web site is still being updated and she is waiting for one Council member's photo for the Web site.

Report of Parks and Recreation

  1. The Mayor reported that Pat Anderson is again working on the Bunny Hop. She hopes others will volunteer to help. All they need to do is to contact Pat.

Report of Stimulus Funds Committee

  1. There was no report. They will be looking for not only stimulus funds but also low or no interest loans, grants etc.

Report of the Records Retention Committee

  1. The Record Retention Schedule was approved. The schedule with the application was completed and sent to the Ohio Historical Society for approval.
  2. The Public Records Policy will need a resolution for Council to approve it. The Solicitor will bring a resolution to the next meeting.
  3. The Public Records Policy will need a resolution for Council to approve it. Council had no comments regarding the Public Records Policy.

Comments from Residents on Agenda Items

Suzanne Butler wanted to clarify the differences between her fence request and MIG Properties fence request before the Planning Commission. She stated her fence is on their property and is not a privacy fence. There is no fence on the west side of her yard.

Don and Julie Brogan again described their version of events regarding their property at 35 W. Riverglen Drive and the current litigation. They were hesitant to mediate due to costs involved and increased attorney fees associated with it. They expressed their desire to negotiate a resolution to the matter.

Old Business

  1. RESOLUTION NO. 2010-03
    Resolution No. 2010-03, A Resolution to Confirm the Appointment of William Charles as Street Commissioner. The resolution was read by title for its third reading. Gordon moved and MacGilvray seconded the motion to adopt Resolution No. 2010-03. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0
  2. 2010 Pavement Preventive Maintenance Program
    MacGilvray moved and Gordon seconded the motion to approve the contract with Burgess & Niple. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.

New Business

  1. Ohio EPA Storm Water Permit
    Ankrom moved and Noonan seconded the motion to authorize the expenditure of $200 to pay the Small MS4 permit fee. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.
  2. Bunny Hop
    Noonan moved and Gordon seconded the motion to authorize the expenditure of up to $300 for the annual Easter Bunny Hop. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.
  3. Mailbox
    The Clerk presented three mailbox designs to add a mailbox on the Riverglen circle. Council would find someone to install the mailbox. MacGilvray moved and Ankrom seconded a motion to authorize the expenditure of up to $250 for a locking mailbox. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.
  4. Investment Policy
    The Clerk-Treasurer reported that Star Ohio was paying interest of only 0.03% and she needed to move money to more profitable accounts. However, the current Investment Policy had a limit of $100,000 per financial institution. Since the insurance by FDIC has increased to $250,000, she asked Council if they would increase the limit in the Investment Policy. Hamor moved and MacGilvray seconded a motion to amend the total amount invested with any one financial institution to be no more than the amount that is Federally insured (FDIC). The following vote was recorded on the motion: Yea, 5; Gordon, Hamor, MacGilvray, McHugh and Noonan: Nay, None. The Motion carried 5-0.
  5. Mailbox
    The Clerk-Treasurer explained how the Patriot Act requires a physical address for all financial accounts and many other business dealings. The Village has only a post office box and, therefore, she must use her home address. She would like Council to consider installing a secured locking mailbox on the circle and use 240 W. Riverglen Drive as the Village’s address. For the next meeting she will have more details about the type and cost of mailboxes.
  6. Public Record Training
    Noonan moved and MacGilvray seconded the motion to designate the Clerk-Treasurer as the Council representative to attend public records training. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0
  7. Pothole Repair
    Gordon moved and Hamor seconded the motion to authorize the expenditure of up to $1,500 for Decker to repair potholes. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.

Comments from Residents on Non-Agenda Items

Don Campbell thanked Hamor for the reprimand of Blanchard during the appeal. He said it was needed.

EXECUTIVE SESSION

A motion was made by Gordon to go into Executive Session per §121.22(G)(3) ORC to discuss pending court actions. Ankrom seconded the motion. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray, and Noonan: Nay, None. The Motion carried 5-0. The Council adjourned to Executive Session at 9:10 pm.

Gordon made a motion to adjourn out of Executive Session and resume Open Session. Noonan seconded the motion. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0. The Council resumed Open Session at 10:07 pm.

OPEN SESSION

Next Meeting Announcement

The next regular meeting will be Monday, April 19, 2010 at 7:00 pm at the Thomas Worthington High School, Room 185.

Adjournment

There being no further business, Gordon moved and Noonan seconded a motion to adjourn. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0

The meeting was adjourned at 10:09 pm.

Mary Jo Cusack, Mayor

M. Colwell, Clerk of Council

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