VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
DECEMBER 15, 2008
The Council of the Village of Riverlea met on the above date at 5815 Crescent Court. The following Council members were present: Mayor Mary Jo Cusack, John S. McAlearney, Kirk M. McHugh, Renee Shannon, Rodney Tettenhorst and Paul J. Zenisek. Also present were Pamela M. Colwell, Clerk-Treasurer, Daniel A. McIntyre, Street Commissioner, Lois Yoakam, Newsletter Editor Steven W. Mershon, Solicitor, Jim McElmurray, Deborah Dalton, Robert Dalton and Jessie Baker. At 7:30 pm the Mayor called the meeting to order.
The minutes of the regular Council meeting of November 17, 2008 were not read since each member had received a copy. McHugh 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, 5; McAlearney, McHugh, Tettenhorst and Zenisek: Nay, None; Abstain, 1; Shannon. The Motion carried 4-0-1.
The Clerk-Treasurer reported that the Village will be receiving $61,055.83 in estate tax revenue. Also the two checks received for the Tree Program were returned to residents since there were not enough participants this year. She is also continuing to deal with the IRS problem of assigning the Village a new EIN. The IRS has been apologetic but unable to resolve the problem quickly.
Zenisek moved and Tettenhorst seconded a motion to approve the payment of bills and to accept the financial report for November 2008, as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 5; McAlearney, McHugh, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0. See Board Referral File number 08-024.
Report of the Mayor
The Mayor reported that the deadline is past to file comments with the OSU Airport and she has not received a response to her comments. Residents have complained about the leaves left in the street, especially along curbs. Not only does it look ugly but it is also bad for the river when the leaves are washed away. The Village needs to remind residents to not put the leaves in the street. The Mayor has contacted AEP regarding the power outages. She plans to meet with AEP’s representative, Mary Flint, in January to discuss this. The Mayor reported that the Worthington Police contract has been signed. Also, a resident complained about an easement problem behind their fence and she will look into it.
Report of the Solicitor
The Solicitor reported that the Columbus City Attorney is planning to make revisions in their 2009 contract with the Village (for prosecution of criminal cases) and wanted to know if we would be willing to continue service for the first few months of 2009 until he could send a revised contract. Tettenhorst moved and Shannon seconded a motion to continue service. The following vote was recorded on the motion: Yea, 5; McAlearney, McHugh, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0.
Regarding the investigation of holding meetings outside corporate limits, Representative Hughes said we should ask the Attorney General for an opinion. The Assistant Attorney General is not authorized to give opinions to villages, but gave an “informal” interpretation of applicable law. The Attorney General’s letter stated there was no statutory or case authority that would prohibit holding meetings outside the village. The Solicitor cautioned Council about the possibility that someone might argue that actions taken in such meetings may be unauthorized. The Ohio Municipal League said they would not oppose a statute change that would permit the meetings outside of Riverlea. The Solicitor suggested that if Council desires to conduct meetings outside the Village, they should make a finding regarding the reasons why they want to meet outside of the Village, and Council may suggest they should conduct certain meetings inside the Village. Council will then need o pass an ordinance regarding this. In the meantime Zenisek will look into a place to hold Council meetings.
Report of the Planning Commissioner
There was no report of the Planning Commissioner. There was no Planning Commission meeting in December.
Report of the Marshal
The Marshal reported there were 225 traffic checks, with no warnings or citations. There were seven complaints with one report. He is going to ask the Worthington Police why the traffic checks are being reduced.
Report of the Street Commissioner
The Street Commissioner reported that the sinkhole at the end of Riverglen Drive and Olentangy Blvd. has been fixed. He consulted with Jim Dippel of Burgess & Niple for advice. The storm sewer pipe was videotaped and a section of pipe was replaced. It did not involve the street.
Report of the Newsletter Editor
The Newsletter Editor requested copy for the January Newsletter by January 5. The directories are being printed and will be distributed between Christmas and January 1.
Report of the Web Manager
There was no report of the Web Manager.
Report of Parks and Recreation
There was no report of Parks and Recreation.
Report from Jim Dippel (Burgess & Niple)
Dippel prepared two proposals for Council regarding the Ohio EPA Findings and Orders. One covers the Sanitary Sewer Evaluation Survey (SSES) Schedule and the other is the Emergency Response Plan. He will continue to meet with the Mayor, McAlearney and Schaer to put together a draft and discuss revisions. Council will need a resolution to continue with this and the Solicitor will have one ready for the January meeting.
Report on Insurance
Tettenhorst reported on his findings regarding Village liability insurance with Ohio Municipal Joint Self-Insurance Pool (Dawson Companies), our current provider, and the Public Entities Pool of Ohio (Burnham & Flower of Ohio). There is a significant difference in cost and limits. The PEP policy seems to be the better policy for the money. Tettenhorst will contact Dawson Companies to see if there is an exit fee. A resolution will be needed by the next meeting.
Report of the Finance Committee
The Clerk-Treasurer reported that the Finance Committee met last month. The 2009 appropriation ordinance was reviewed. Modifications were made based on changes in expected expenses.
Comments from Residents on Agenda Items
McElmurray discussed the Leash ordinance. He wanted to know how many residents complained about dogs running loose and whether this ordinance was good for the majority or minority. He has an expensive electronic leash and wants it included in this ordinance. He felt the ordinance was unnecessary and does not want it.
Dalton stated that she thought Council had other priorities to deal with and that the leash law was unnecessary. Most of her comments were not related to agenda items. She is against any leash law.
Baker said she is against any leash law. She feels it is unnecessary and negative to the Village.
The Mayor thanked the residents for their opinions and they left the meeting.
Ordinance No. 10-2008, An Ordinance to Further Regulate Dogs Running at Large Within the Village read by title for its second reading. There was some discussion by Council regarding the fine and imprisonment. The Solicitor pointed out that these are already in the current law and the pooper scooper law. Council was concerned about the length of the leash being too short but after further discussion it was decided that the six foot length was fine.
Ordinance No. 08-2008 Annual Appropriation Ordinance (Village) for calendar year 2009 was read by title for its third reading. The Clerk-Treasurer reviewed the changes made to the original ordinance. McHugh moved to adopt Ordinance No. 08-2008 with the changes and Shannon seconded the motion. The following vote was recorded on the motion: Yea, 5; McAlearney, McHugh, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0.
The Mayor reminded Council that due to the lower interest rates being paid on savings along with lower revenues collected, the Village will be seeing less money coming in.
McHugh introduced Ordinance No. 12-2008, An Ordinance to Approve a Third Modification and Realignment of Ordinance 04-2007, The Annual Appropriation Ordinance (Village). McHugh moved to suspend the three readings and Tettenhorst seconded the motion. The following vote was recorded on the motion: Yea, 5; McAlearney, McHugh, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0. McHugh moved and Shannon seconded a motion to adopt Ordinance No. 12-2008. The following vote was recorded on the motion: Yea, 5; McAlearney, McHugh, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0.
Zenisek introduced Resolution No. 2008-18, A Resolution to Confirm the Compensation of the Members and Chair of the Planning Commission. There was no discussion. Zenisek moved to suspend the three readings and McHugh seconded the motion. The following vote was recorded on the motion: Yea, 5; McAlearney, McHugh, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0. Zenisek moved and McHugh seconded a motion to adopt Resolution No. 2008-18 and declare an emergency. The following vote was recorded on the motion: Yea, 5; McAlearney, McHugh, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0.
The Mayor wanted Council to tell her how to vote at the MORPC meeting regarding the Halloween resolution. Council wanted to follow whatever dates Worthington wanted to use for Halloween. A discussion followed and Council decided that October 31st should be the only night for Halloween beggars.
McHugh brought up a need for control of mud in streets from construction. The streets need to be kept cleared of mud and debris. It was pointed out that the Village could be fined of this gets into the storm sewers. Council will look into this at the next meeting.
There were no comments from residents on non-agenda items.
There were no comments from residents on non-agenda items.
Next Meeting and Adjournment.
The Mayor announced that the next regular meeting of Council will be held on January 20, 2009 at 7:30 pm at 275 West Southington Avenue.
There being no further business, McHugh moved and Shannon seconded a motion to adjourn the meeting. The following vote was recorded on the motion: Yea, 5; McAlearney, McHugh, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0. The meeting was adjourned at 9:30 pm.
MARY JO CUSACK, MAYOR
DAN E. OWENS, CLERK OF COUNCIL