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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

VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
September 21, 2009

The Council of the Village of Riverlea met on the above date at the Worthington United Methodist Church, 600 High Street, Worthington. The following Council members were present: Mayor Mary Jo Cusack, John S. McAlearney, Kirk M. McHugh, John A. Schaer, Renee Shannon, Rodney Tettenhorst and Paul J. Zenisek. Also present were Pamela M. Colwell, Clerk-Treasurer, Steven W. Mershon, Solicitor, William Charles, Street Commissioner, Lois Yoakam, Newsletter Editor, and Michael Jones, Planning Commissioner. Guests of Council were Jim Dippel (Burgess & Niple) and those listed in the attached sheet. At 7:00 pm the Mayor called the meeting to order.

Minutes

  1. The minutes of the regular Council meeting of August 17, 2009 were not read since each member had received a copy. Zenisek moved and Schaer seconded a motion that the minutes be approved as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  2. The minutes of the special Council meeting of August 31, 2009 were not read since each member had received a copy. Zenisek moved and Schaer seconded a motion that the minutes be approved as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

Clerk-Treasurer Report

  1. The Clerk-Treasurer reported that $100,000 was deposited into a 12 month CD at CF Bank at 2.0%.
  2. There was a small monthly increase for Local Waste Services due to the increase in tipping fees for solid waste. Our monthly invoice for garbage pickup and recycling is now $2,973.08, an increase of $39.61 per month.
  3. Zenisek moved and Schaer seconded a motion to approve the payment of bills and to accept the financial report for August 2009, as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0. See Board Referral File number 09-015.

Report of the Mayor

  1. The Mayor received a copy of the police report for August and there was nothing unusual on it.
  2. The Ohio EPA is reviewing the SSES and ERP reports.
  3. Council had decided previously that the Solicitor would not be available to respond to resident inquiries. Residents are requested to contact Council with any questions or concerns and not the Solicitor. This information will be published in the Newsletter again.
  4. The Mayor reported that the Worthington Fire Chief provided an update on the swine flu, protective masks and bed bugs.
  5. AEP sent a booklet about what AEP can do for us and is available if anyone is interested is reading it.
  6. There will be two Candidates Nights. October 6, 2009 will be at Beth Tikvah at 6121 Olentangy River Road and October 27, 2009 at Old Worthington Library.
  7. The Mayor asked Council if they would be interested in changing the ordinance regarding fence height from 42" to 48" since the standards have changed over the years. Fences today are 48" and Council agreed that our ordinances need to be updated. An ordinance to amend this will be presented at the next Council meeting.
  8. The Planning Commissioner and Tom Van Cleef will meet to discuss solar power and what ordinances may be needed.
  9. Halloween in Worthington will be Thursday (October 29) night.
  10. McAlearney and McHugh will meet with the Street Commissioner to work on trying to obtain stimulus funds, grants and low interest loans for streets, curbs and infrastructure. The Village's streets are not highways and are basically only used by residents; therefore, they probably will not qualify for stimulus funds or grants. There is a possibility of obtaining zero interest or low interest loans for the infrastructure and/or streets through the Ohio Public Works Commission.
  11. The Mayor reminds residents that the right of way in front of residents' properties is at least 12 feet (more on some streets). Any structures located in the right of way may have to be removed when the infrastructure is updated.
  12. Ohio estate tax is on the ballot to be removed. She reminds residents that the Village has been very fortunate to benefit from this tax in past years.
  13. There have been complaints regarding the apartments on High Street placing trash out too early. The new Marshal should be able to assist with this.

Report of the Solicitor

  1. The Solicitor said Kent Shimeall has not seen the proposed ordinance regarding Marshal duties. The Mayor will try contact Shimeall to discuss it soon.
  2. Last week he received a request by the Brogan's attorney for fees in excess of $50,000. He will file a response to oppose the request.

Report of the Planning Commissioner

  1. The Commissioner reported there were two applications last month for a Certificate of Appropriateness that were approved and one application for a variance that failed.
  2. As of today, he has heard from two residents for the next Planning Commission meeting. One will be a new house on Pioneers.
  3. He received an email for Robert Dalton regarding questions concerning code enforcement and litigation about Certificate of Appropriateness and fines. The Mayor said she will answer his questions.

Report of the Marshal

There was no report.

Report of the Street Commissioner

The Commissioner will let Jim Dippel of Burgess & Niple give a report.

Report of the Newsletter Editor

The Editor would like copy for the newsletter by October 5.

Report of the Web Manager

There was no report.

Report of Parks and Recreation

There was no report.

Comments from Residents on Agenda Items

Joel Mazza expressed his concern about the Planning Commission's dealing with residents, the composition of the Planning Commission and the location of their meetings. He also questioned the Village's liability and costs of lawsuits defending the Village's zoning ordinances.

Old Business

Report of Burgess & Niple

  1. The Street Evaluation and Improvement Program will address the street, curb and infrastructure problems long term and short term.
  2. He discussed restoring the pavement to a smooth surface. The streets were originally built using only 1.5 inches of asphalt over concrete, which is not the standard today. Over time layers were added and concrete gutters were paved over and then milled, causing them to deteriorate. The curbs and gutters need to be replaced at a higher level to meet the asphalt level required to repave the streets. The current driveway aprons will probably need to be replaced since they will be too low. Replacing the base beneath the asphalt would be more expensive than replacing the curbs and aprons at a higher level. This is one area that will need to be discussed further.
  3. It will be years before the streets and curbs will be completed since the water and sewer system will need to be addressed first. There will be some street repair done in the interim.
  4. The Street Commissioner will be working closely with Dippel. Residents should contact the Street Commissioner or Council with any questions or suggestions.

New Business

  1. Insurance – The liability insurance proposals will be postponed for review at the next meeting. PEP did not get their proposal to us in time to review for this meeting.
  2. Halloween - Halloween beggars night will be the same as Worthington's – Thursday, October 29, 2009. McHugh and Griffith will grill the hotdogs and the Mayor will provide cider. Schaer moved and McHugh seconded a motion to authorize the expenditure of up to $300 for the Halloween party.
  3. Ordinance NO. 07-2009
    Tettenhorst introduced Ordinance No. 07-2009, An Ordinance to Establish the Office and Duties of a Marshal in the Village. The Ordinance was read by title for the first reading.
  4. Illegal Signs - Schaer moved to authorize the Mayor to remove signs in violation of the Village's ordinances. Tettenhorst seconded the motion. The following vote was recorded on the motion: Yea, 5; McAlearney, Schaer, Shannon, Tettenhorst and Zenisek: Nay, 1; McHugh. The Motion carried 5-1. The Mayor will also send a letter to the offender (e.g., real estate agent) with a copy to the homeowner, if different, notifying them of the violation.
  5. Electric Meter Repair – AEP notified the Clerk-Treasurer that the electric meter for the entrance on West Southington was an electrical hazard. The meter and the post needed to be replaced. Schaer moved and Tettenhorst seconded a motion to authorize the expenditure up to $1,200 for Star Electric to replace and repair the electric meter, post, light sensor, conduit, etc. to restore electricity to the entrance at Southington and to also replace the floodlight on Riverglen entrance. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  6. RESOLUTION NO. 2009-15
    McHugh introduced Resolution No. 2009-15, 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. Schaer moved to suspend the three readings and McHugh seconded the motion. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. Schaer moved and Shannon seconded the motion to adopt Resolution No. 2009-15. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  7. Ordinance NO. 06-2009
    Schaer introduced Ordinance No. 06-2009, An Ordinance to Approve a Modification and Realignment of Ordinance 08-2008, The Annual Appropriation Ordinance (Village). Schaer moved to suspend the three readings and McHugh seconded the motion. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. McHugh moved and Tettenhorst seconded the motion to adopt Ordinance No. 06-2009. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  8. City of Columbus Water Main Repair Invoice – The Village experienced a second water main break in July 2008. There was a delay in repairing it and the Street Commissioner was told there would not be any charge for the repair. Last week the Village received an invoice of $2,523.11 for this repair. Per our contract with the City of Columbus, the Village must pay for water main repairs in excess of its Equivalent Maintenance Ratio. The calculation established that the Village was allowed only one repair in 2008 to be paid by Columbus. The Village was responsible for repairs in excess of one. Since the Street Commissioner did not have anything in writing from the City of Columbus that this repair would not be charged, and after viewing the invoice, Council decided they would not save money by having the Solicitor request a reduction in the amount. Schaer moved and Shannon seconded the motion to authorize the expenditure of $2,523.11 to pay this invoice. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  9. Ordinance NO. 08-2009
    Schaer introduced Ordinance No. 08-2009, An Ordinance Enacting and Adopting a Supplement to the Code of Ordinances for the Village of Riverlea, Ohio. The Ordinance was read by title for the first reading. The Solicitor said he needs some time to review the supplement.
  10. American Legal Publishing Invoice – McHugh moved to authorize the expenditure of up to $700 for the supplement and internet access to the Village's Code of Ordinances. Schaer seconded the motion. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

Comments from Residents on Non-Agenda Items

A resident proposed that there should be a moratorium on concrete driveway aprons since they will need to be replaced in a few years. Another resident asked if the 10 feet for the signs was in the right of way. The Mayor said yes, it was the Village’s property. The candidates for Council introduced themselves.

Executive Session

A motion was made by McHugh to go into Executive Session per §121.22(G)(3) ORC to discuss pending court actions. Zenisek seconded the motion. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. The Council adjourned to Executive Session at 8:10 pm.

Schaer made a motion to adjourn out of Executive Session and resume Open Session. McHugh seconded the motion. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. The Council resumed Open Session at 8:30 pm.

Open Session

Schaer moved to have the Mayor find an appropriate attorney to represent the Village in the matter of attorney fees. Tettenhorst seconded the motion. The Village Solicitor may have to testify, so another attorney is needed. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

Next Meeting

The next meeting will be October 19, 2009 at 7:00 p.m. at the Worthington United Methodist Church, 600 High Street, Worthington.

Adjournment

There being no further business, Schaer moved and Tettenhorst seconded a motion to adjourn. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. The meeting was adjourned at 8:35 pm.

MARY JO CUSACK, MAYOR

DAN E. OWENS, CLERK OF COUNCIL

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