VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
DECEMBER 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, Scott K. Gordon, 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, and Michael Jones, Planning Commissioner. Guests of Council were those listed on the attached sheet. At 7:00 pm the Mayor called the meeting to order.

Swearing in of Scott Gordon to Council

  1. Scott Gordon was sworn in to fill the vacant Council position.

Minutes

  1. The minutes of the regular Council meeting of November 16, 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; Gordon, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  2. The minutes of the special Council meeting of December 7, 2009 were not read since each member had received a copy. Schaer moved and Zenisek seconded a motion that the minutes be approved as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 6; Gordon, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

Report of the Clerk-Treasurer

  1. The Clerk-Treasurer reported that the Village will receive $57,720.22 from estate taxes.
  2. Schaer moved and Shannon seconded a motion to approve the payment of bills and to accept the financial report for November 2009, as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 6; Gordon, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. See Board Referral File number 09022.

Report of the Mayor

  1. The Mayor submitted a letter stating that Riverlea would adopt the concerns expressed by WOOSE regarding the OSU Airport.
  2. She had nothing more to discuss regarding the cut through.

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

  1. The Commissioner reported there were three applications for a Certificate of Appropriateness last month which included one Variance. The Variance and two of the Certificate of Appropriateness applications were approved and one Certificate of Appropriateness was tabled until more information is provided.
  2. He would like Council to present a Resolution of Appreciation to Keith Beachler and Jody Jones for their many years of service on the Planning Commission.
  3. He also suggested that COA and Variance applications, including plans, be submitted as a PDF file. This will allow residents to view the applications on the Village’s website and provide easy access to the Planning Commission.

Report of the Marshal

  1. The Marshal has a meeting set up with Lt. Mosic of the Worthington Police for this week and he will report on it at the next Council meeting.
  2. The police report was routine with 278 checks and 3 citations.
  3. He has called some residents regarding leaves in the street and sign ordinance violations.
  4. McHugh reported that we will need 20 to 30 homes to participate in the neighborhood watch program. The Police provide training. The Mayor said we will get that information in the Newsletter and Web site.

Report of the Street Commissioner

  1. The Commissioner reported that Burgess and Niple completed the final report of the Street Evaluation and Improvement Program Report and he will let Jim Dippel discuss it.
  2. He attended a seminar regarding the option of adding a fee to the water bills to cover sewer and water line repairs. He cited Hilliard’s surcharge as an example. By his calculation it would be about $10 per quarter for residents. Council decided it would be discussed in more detail at the January Council meeting.

Report of Jim Dippel (Burgess & Niple)

  1. Dippel said the draft report of a few months ago covered the curb and gutter exposure and street upgrade. This final report added a second option of replacing the street base, not just the surface. The first option would cost approximately $3 million and the second option would be approximately $4 million. The only benefit of the second option is we would be 100% sure that the replacement would last years and not cause anymore problems. The first option would be $1 million cheaper and we would be pretty confident of not having problems for years, but not 100%.
  2. Council questioned the need to replace driveway aprons. Dippel explained that some of the new aprons will be too high after the street is renovated and old ones will be damaged in the process. He also pointed out that there were many types of aprons in the Village and many not to code.

Report of the Newsletter Editor

  1. The Editor would like copy for the newsletter by January 5th.
  2. The Mayor asked for ideas for the State of the Village report in the next Newsletter.

Report of the Web Manager

Michael Jones gave the Web Manager report. The Web Manager needs the email addresses and photos of new Council and Planning Commission members. New members are reminded that email correspondence is public record and it would be advisable to have a separate email address used only for Village correspondence. She would like this information by January 8, 2010.

Report of Parks and Recreation

There was no report.

Report of Stimulus Funds Committee

The Street Commissioner attended a seminar regarding funding sources for public water and sewer projects in Ohio. He provided a pamphlet that summarized the information. The Mayor appointed Dan Noonan to the Committee to replace John McAlearney.

Report of Solar Committee

Michael Jones gave a brief report. There were very few houses suitable for solar heating or power. There were not enough south facing roofs and too many trees.

Report from Committee for a Meeting Place

  1. Zenisek and Tettenhorst reported that Scott Gordon had found a place at the Thomas Worthington High School that would not charge us. They wanted Gordon to go through the proper channels to schedule this place. Gordon said he did so by going through the principal to complete paperwork but he assured everyone that he will talk with Tim Gehring, Director of School Facilities Management.
  2. Gordon said we could meet each month at TWHS room 185. It is the southeast corner and he will provide the entrance number. Parking is off Evening Street at the Arts Center.
  3. Zenisek also said to keep the new Sharon Township building in mind for the future. It is not ready yet.

Report from the Cut Through Committee

A report was emailed to the Mayor and was distributed to Council.

Comments from Residents on Agenda Items

There were no comments from residents on agenda items.

Old Business

  1. Ordinance NO. 10-2009
    McHugh moved and Schaer seconded a motion to adopt Ordinance No. 10-2009, Annual Appropriation Ordinance, Village. The following vote was recorded on the motion: Yea, 6; Gordon, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  2. Ordinance NO. 09-2009
    Tettenhorst moved and McHugh seconded a motion to adopt Ordinance No. 09-2009, An Ordinance to Clarify the Requirements for the Maintenance of Certain Fences, Hedges and Shrubs in the Village. The following vote was recorded on the motion: Yea, 6; Gordon, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  3. Resolution NO. 2009-21
    McHugh moved and Schaer seconded a motion to adopt Resolution no. 2009-21, A Resolution to Confirm the Appointment of Robert Patrella as a Member of the Planning Commission. The following vote was recorded on the motion: Yea, 6; Gordon, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  4. Resolution NO. 2009-19
    McHugh moved and Tettenhorst seconded a motion to adopt Resolution No. 2009-19, A Resolution to Provide Legal Counsel for the Village of Riverlea. The following vote was recorded on the motion: Yea, 6; Gordon, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  5. Payment of Bills
    McHugh moved and Shannon seconded a motion to authorize the expenditure of $184.00 to Radico for lift station maintenance. The following vote was recorded on the motion: Yea, 6; Gordon, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
  6. Christmas Wreaths
    The Mayor thanked McHugh for donating two lovely wreaths for the front entrances. She also thanked Pam and Jeff Colwell for putting them up.

New Business

There was no new business

Comments from Residents on Non-Agenda Items

Sue Ranck wanted to remind Council to stay vigilant regarding the recreational use of the Olentangy River and how it affects the residents on the river. She thanked Council for not supporting the MORPC Watershed Resolution.

Ranck also commented on the cut through issue and how over the years she has seen this issue resurface time and time again. She did not want to breach the Village’s two foot easement for fear of allowing Evening Street to go through someday. Residents need to consider this possibility.

Dan Noonan spoke about document imaging. He mentioned that house plans online could create a security risk for homeowners. He also cautioned about using personal email addresses because a public request for documents may involve all emails – personal and business. He suggested that Council may want to attend one of the Ohio Electronic Records Committee seminars.

Executive Session

A motion was made by Schaer to go into Executive Session per §121.22(G)(3) ORC to discuss compensation for the Marshal. Zenisek seconded the motion. The following vote was recorded on the motion: Yea, 6; Gordon, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. The Council adjourned to Executive Session at 8:12 p.m.

McHugh made a motion to adjourn out of Executive Session and resume Open Session. Schaer seconded the motion. The following vote was recorded on the motion: Yea, 6; Gordon, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. The Council resumed Open Session at 8:28 p.m.

Open Session

  1. Resolution NO. 2009-22
    Schaer moved to amend Resolution No. 2009-22, A Resolution to Provide for the Compensation of the Village Marshal in Section 1. Establishment of Compensation, to change the annual compensation from $1800 to $850. McHugh seconded the motion. The following vote was recorded on the motion: Yea, 6; Gordon, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. Shannon wanted Council to evaluate the Marshal’s compensation in six months. Schaer moved and Tettenhorst seconded the motion to suspend the three readings. The following vote was recorded on the motion: Yea, 6; Gordon, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. Zenisek moved and Schaer seconded the motion to adopt Resolution No. 2009-22. The following vote was recorded on the motion: Yea, 6; Gordon, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

Next Meeting Announcement

The next regular meeting will be Tuesday, January 19, 2010 at 7:00 pm at the Thomas Worthington High School, Room 185: parking off Evening Street at the Arts Center.

Adjournment

There being no further business, Shannon moved and Schaer seconded a motion to adjourn. The following vote was recorded on the motion: Yea, 6; Gordon, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. The meeting was adjourned at 8:32 pm.

Adjournment

There being no further business, Tettenhorst moved and Schaer seconded a motion to adjourn. The following vote was recorded on the motion: Yea, 4; Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 4-0. The meeting was adjourned at 7:17 pm.

MARY JO CUSACK, MAYOR

DAN E. OWENS, CLERK OF COUNCIL