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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
November 16, 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, Kent Shimeall, Marshal, Lois Yoakam, Newsletter Editor, Jody Jones, Web Manager, and Michael Jones, Planning Commissioner. Guests of Council were those listed on the attached sheet. At 7:05 pm the Mayor called the meeting to order.

Minutes

  1. The minutes of the regular Council meeting of October 19, 2009 were not read since each member had received a copy. Schaer moved and Shannon 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.

Report of the Clerk-Treasurer

  1. The Clerk-Treasurer reported that she has been informed that the cost of the meetings at the current location will be $100 per meeting in 2010. Tettenhorst and Zenisek will look into possible venues for meetings.
  2. McHugh moved and Zenisek seconded a motion to approve the payment of bills and to accept the financial report for October 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 6-0. See Board Referral File number 09-019.

Report of the Mayor

  1. Airport complaints need to be made by December 1, 2009.
  2. The Mayor attended the Wildlife Roundtable. There are wild animals in the Village and the consensus of the meeting was that residents everywhere will have to learn to live with them.
  3. Due to an EPA mandate, the Village is obligated to improve, repair, and maintain our infrastructure. This is not an option to put off if we do not want to deal with it. It will probably be cheaper to do streets and curbs at the same time.
  4. The Mayor received a complaint from Robert Dalton that the address signs in many yards are in violation of our sign ordinance. She asked Council what they wanted to do. Tettenhorst explained that the intent of the sign ordinance was to cover commercial signs, not address signs. Council agreed and asked the Solicitor to create an amendment to the law so that address signs were exempt

Report of the Solicitor

The Solicitor said that since his report covers the topics being discussed at this meeting, he will make his comments during those discussions.

Report of the Planning Commissioner

The Commissioner reported there was one application for a Certificate of Appropriateness last month for an addition and remodeling at 142 West Riverglen Drive. It was approved.

Report of the Marshal

  1. The Marshal met with the Worthington Police Chief and Lieutenant Dougherty to introduce himself to them.
  2. The police report was routine. There was a suspicious person complaint that someone was soliciting for donations late at night. Residents should call the police if they do not have a permit.

Report of the Street Commissioner

  1. The Commissioner discussed Burgess & Niple's request for additional funds to cover the expenses incurred by the extra options Council requested to be included in the Street Evaluation and Improvement Program, such as immediate interim street repair costs, coordination of the street plan with the infrastructure programs including 10 year cost projections, and the cost of full depth pavement replacement. He thought $4,000 would cover those costs.
  2. He also reminded Council that Burgess & Niple were under budget for the SSES of about $3,500.

Report of the Newsletter Editor

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

Report of the Web Manager

  1. The Web Manager addressed an email she received from a resident regarding the Web site. The writer wanted a different appearance, RSS, more historical documents online, and search capability. She reported that the Web site has been updated to meet the Village's needs as the needs change. Appearance is subjective and will stay as it is for now. The current ordinances are there as well as current minutes from Council and Planning Commission meetings. She removed old newsletters because no one had accessed them in years. Having search capabilities and RSS is too much for our small Village. Council suggested that residents attend the meetings to get up to date information and they can contact the Clerk for historical documents. They also approved of the Web site design and appearance.
  2. The Web Manager would like residents to please send her photos of recent Village activities so she put them on the Web site.
  3. Council said they did not want the resolutions on the Web site since these generally involve routine Village operations.

Report of Parks and Recreation

There was no report.

Report of Stimulus Funds Committee

There was no report.

Report of Solar Committee

There was no report.

Comments from Residents on Agenda Items

There were no comments from residents on agenda items

Old Business

  1. Street Evaluation and Improvement Program
    Schaer moved and Zenisek seconded a motion to authorize the expenditure of up to $4,000 to Burgess & Niple to complete the Street Evaluation and Improvement Program and issue a final report. 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. ORDINANCE NO. 07-2009
    Schaer moved and Zenisek seconded a motion to adopt Ordinance No. 07-2009, An Ordinance to Establish the Office and Duties of a Marshal in the Village. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  3. ORDINANCE NO. 08-2009
    Schaer moved and McAlearney seconded a motion to adopt Ordinance No. 08-2009, An Ordinance Enacting and Adopting a Supplement to the Code of Ordinances for the Village of Riverlea, Ohio. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  4. ORDINANCE NO. 09-2008
    Ordinance No. 09-2008, An Ordinance to Clarify the Requirements for the Maintenance of Certain Fences, Hedges and Shrubs in the Village. The Resolution was read by title for the second reading. Tettenhorst stated he had a hard time understanding the ordinance and thought it was confusing. The Solicitor suggested that they work together to simplify the language so that it is more easily understood. Tettenhorst agreed to work with him.
  5. RESOLUTION NO. 2009-16
    Resolution No. 2009-16, A Resolution to Confirm the Appointment of Jo Ann Bierman as a Member of the Planning Commission. The Ordinance was read by title for the second reading. There were no comments

New Business

  1. RESOLUTION NO. 2009-19
    Tettenhorst introduced Resolution No. 2009-19, A Resolution to Provide Legal Counsel for the Village of Riverlea. The Resolution was read by title for the first reading.
  2. RESOLUTION NO. 2009-20
    Schaer introduced Resolution No. 2009-20. A Resolution Authorizing the Mayor to Enter into a Contract with the City of Columbus for Legal Representation in Certain Criminal and Traffic Cases. Tettenhorst moved and Schaer seconded the motion to suspend the three readings. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. Tettenhorst moved and Zenisek seconded the motion to adopt Resolution No. 2009-20. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  3. ORDINANCE NO. 10-2009
    McHugh introduced Ordinance No. 10-2009, Annual Appropriation Ordinance, Village. The Ordinance was read by title for the first reading.
  4. Payment of Bills
    The Clerk-Treasurer reported that the floodlight at the Southington Avenue entrance was not working. She purchased a new bulb and fixture for $18.12. Her husband, Jeff Colwell, installed the new floodlight, saving the Village $85 in electrician costs. The Clerk-Treasurer will also need a $39 tax software program to print 1099's and W-2's. McHugh moved and Zenisek seconded a motion to approve the expenditure of up to $60 to reimburse 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.

    McHugh moved and Shannon seconded the motion to authorize the expenditure of $234 for the Ohio Municipal League dues for 2010. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  5. Resolution of Intention to Participate in a Watershed Planning Partnership to Develop a Balanced Growth Plan for the Olentangy River Watershed.
    Schaer introduced the Watershed resolution. There was some discussion on how it would affect residents on the river and what participation would mean. Council wanted to support the residents on the river and they oppose it. Schaer moved and Zenisek seconded the motion to suspend the three readings. 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 Zenisek seconded the motion to adopt the Watershed Resolution. The following vote was recorded on the motion: Yea, None; Nay, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek. The Motion failed 0-6.
  6. Resignation of John McAlearney
    Councilman McAlearney will resign effective November 17, 2009. He is going on a sabbatical for six months. The Mayor expressed her appreciation of his service. Council has 30 days to appoint a replacement. It was decided to hold a special meeting on December 7, 2009 at 7:00 p.m. at 229 West Southington Avenue to appoint his replacement.
  7. RESOLUTION NO. 2009-21
    Tettenhorst introduced Resolution no. 2009-21, A Resolution to Confirm the Appointment of Robert Patrella as a Member of the Planning Commission. The Resolution was read by title for the first reading.
  8. RESOLUTION NO. 2009-22
    McHugh introduced Resolution No. 2009-22, A Resolution to Provide for the Compensation of the Village Marshal. Tettenhorst questioned the need to pay the Marshal $1,800 until he could see what the Marshal would actually be doing. McAlearney pointed out that the Marshal's duties have been increased extensively and the pay was in line with the Street and Planning Commissioners. McHugh moved and Shannon seconded the motion to suspend the three readings. The following vote was recorded on the motion: Yea, 3; McAlearney, McHugh, and Shannon: Nay, 3; Schaer, Tettenhorst and Zenisek. The Motion failed 3-3. Council will be discussing the amount of compensation at the next meeting.
  9. RESOLUTION NO. 2009-23
    Schaer introduced Resolution No. 2009-23, A Resolution 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. Schaer moved and Zenisek seconded the motion to suspend the three readings and declare an emergency. 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 Zenisek seconded the motion to adopt Resolution No. 2009-23. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  10. Christmas Wreaths
    McHugh volunteered to supply two wreaths for the front entrances. Council thanked him.
  11. OSU Airport
    McAlearney moved and Tettenhorst seconded a motion to authorize the Mayor to write a letter stating that Riverlea would adopt the concerns expressed by WOOSE. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  12. Discussion of Cut-Through between 142 and 156 West Riverglen Drive
    The Mayor started the discussion by explaining that the street was vacated in 1940. Pioneers Court only goes to Riverglen Drive, not across Riverglen Drive. The gravel driveway and land belong to the homeowners. The Village dealt with this issue in 1987-1989 and turned it down because it was expensive, some of the kids would no longer be able to ride the bus (according to Worthington), there was a question regarding the easement if a pathway was constructed, Worthington required sidewalks from the pathway to existing sidewalks at the Village's expense and the Village is prohibited from spending any money in Worthington. The Mayor expressed her disappointment that residents did not call her about the cut-through before contacting the Butlers. A lot of misinformation was passed around the Village.

    The Mayor said the O'Neils and the Butlers have been very gracious to allow residents to use the cut-through. However, some residents have not been good neighbors and have caused the Butlers to no longer want the cut-through open. The O'Neils sold their home to MIG. MIG is remodeling the home extensively and has closed the cut-through for safety reasons. She asked residents for their input.

    The residents expressed their desire to keep the cut-through open. Most said it was a safety concern because High Street was busy and impassable with snow, and South Street lacks sidewalks. Many felt the Village was a pedestrian community and closing the cut-through would make people use their cars more. Residents expressed their surprise that the property was privately owned and most said they respected the rights of property owners. It was suggested that a group of residents meet to try to come up with a solution that would be satisfactory to everyone. One resident said that everyone should respect the decision, whether or not the cut-through remained open.

    Mike Blanchard spoke on behalf of MIG and is an investor in the 142 Riverglen home and is also the builder making the renovations. He said the cut-through was closed off because it was a liability issue and a construction fence was put up as required. He does not want to open up the cut-through later because it would affect the value of the home. A pathway, cut-through or whatever would lower the value of the property and also cause many prospective buyers to not buy.

    The Butlers described the numerous problems they have experienced because of the thoughtless actions of inconsiderate people. Their liability insurance was increased to $1.5 mil because they were told there was an accident waiting to happen. They have had to clean up dog waste from their yard, shrubs and driveway. Children throw rocks from their drive into their yard while parents ignore it. The retaining wall has been used and damaged by skateboards. Untold amounts of litter have been picked up. They have been awakened at night from noise made by those passing by or loitering. They had tried to make the cut-through easier to use but have had enough. It is their property and it is not for sale.

    The Mayor thanked the residents and asked Council if she should appoint a committee to look into this. Council agreed.

Comments from Residents on Non-Agenda Items

There were no comments from residents on non-agenda items.

Next Meeting Announcement

The next regular meeting will be December 21 at 7:00 pm. at the Worthington United Methodist Church, 600 High Street, Worthington. A special meeting will be December 7, 2009 at 7:00 pm at 229 West Southington Avenue.

Adjournment

There being no further business, Schaer moved and Zenisek 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 8:55 pm.

MARY JO CUSACK, MAYOR

DAN E. OWENS, CLERK OF COUNCIL

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