Regular Council Meeting

October 15, 2018

The Council of the Village of Riverlea met on the above date at 222 W Riverglen Dr.  The following Council members were present: Mayor Eric A. MacGilvray, Marc Benevento, Chad Lowe, Kathy McClintock, Ted Miller, and Leah Pyter. Also present were Joshua C. Mehling, Clerk-Treasurer, Bryce Jacob, Planning Commissioner, L. Leah Reibel, Solicitor, and Greg Bonk, Web Manager. Guests of Council were Dan McIntyre, Sheila Bagley and Cal Taylor, as well as Jim Dippel from Burgess & Niple. At 7:04 p.m. the Mayor called the meeting to order.

Construction Update

Jim Dippel of Burgess & Niple addressed Council on the status of the infrastructure construction. He noted the poor condition of the roads due to recent rains and stated that the Contractor is adjusting the current base stabilization schedule to focus on Olentangy Blvd and ensure that it is drivable. Dippel stated that there were issues with the base stabilization in several places where the location of storm sewers made it impossible to use the planned 16 inch depth for stabilization. To alleviate this issue, the Contractor will stabilize the roads to a depth of 12 inches, but use a greater percentage of concrete, which would stabilize the roads to the same degree as the original depth. There will still be issues in a few areas, but the plan is to use stone subgrade in those spots.

Dippel mentioned that the water system had been approved by the City of Columbus and that Elite Excavating is currently removing the blow off valves from the lines. Crews will start the switch over to the new lines at individual houses in the coming week. Lowe inquired whether the project was still on schedule and Dippel replied that the timeline would be tight to get the asphalt down before the plants shut down in late November, but that the Contractor was still optimistic that it would be completed on time, weather permitting.


The minutes of the regular Council meeting of September 17, 2018 were not read since each member had received a copy. Pyter moved and Lowe seconded the motion that the minutes be approved as submitted by the Clerk-Treasurer. The motion carried (5-0).

Report of the Clerk-Treasurer

McClintock moved and Lowe seconded the motion to approve the payment of bills and to accept the financial reports for September 2018 as submitted by the Clerk-Treasurer. The motion carried (5-0).

Report of the Mayor

  1. The Mayor mentioned that base stabilization for the streets would begin the next day, as crews needed to remove some old gas service lines before they could proceed. As a result of this base stabilization work, street parking would be banned in the Village temporarily.
  2. The Mayor stated that Local Waste Services could not get its trucks through the Village with the condition of the roads, so trash receptacles will be placed at the east end of Riverglen until service can be restored. These bins will be emptied on a weekly or as needed basis.
  3. The Mayor stated that he is working with the Worthington School District to coordinate bus stops within the Village during the period of road construction. He will communicate to residents where these stops will be located when they need to be moved.
  4. The Mayor reported that he had been contacted by a resident whose car had been damaged while pulling out of the driveway due to the road condition. The car reportedly needs a new belt and the resident requested that the Village cover this work. The Mayor and Solicitor stated that they had concerns with the precedent that would be set by the Village admitting to fault and agreeing to pay damages of this kind. Benevento stated that he would add this to the list of damages due to construction and discuss it with the Contractor. Council agreed with this course of action.
  5. The Mayor reported that he had been notified that the federal government has recently overridden municipality rights in relation to cellular network installation. The Mid Ohio Regional Planning Commission has filed a lawsuit relating to this and the Mayor will update Council as to the status of this suit as necessary.

Report of the Solicitor

  1. The Solicitor stated that she had prepared a new public records request form, which will be distributed to Village officials. The Solicitor requested that Village officials, including the Planning Commissioner, Street Commissioner, and Web Manager, let the Solicitor and the Clerk-Treasurer know when someone has requested public records.  The Clerk-Treasurer will maintain the public records requet form, which will assist the Village in handling these requests and responding in the manner required by law.
  2. The Solicitor reported that she had drafted a Notice of Appeal for the Planning Commission. This notice is required by the Village code when a resident would like to appeal a Planning Commission decision to Council. The Planning Commission will review this notice before it is finalized.
  3. The Solicitor reported that she had prepared a resolution for the new Solicitor contract. There are no changes in the contract from the previous year.

Report of the Street Commissioner

There was no report from the Street Commissioner.

Report of the Planning Commissioner

  1. The Planning Commissioner reported that the Commission had approved a fence permit application for 276 Beverly at the October meeting.
  2. The Planning Commissioner stated that there was an issue with a fence being installed at 5800 Olentangy. Upon investigation, the fence was of similar color, materials, and size to the fence being replaced and was considered maintenance that did not need to be approved by the Planning Commission. The primary reason for the neighbor’s complaint was lack of notification and damage to landscaping resulting from this work. The Planning Commissioner asked that residents who plan on doing work that may affect neighbors notify them beforehand.
  3. The Planning Commissioner stated that he had received notification that work was being done at 5809 Olentangy to install a gravel driveway/walkway, without approval from the Planning Commission. He stated that when he approached the residents to discuss this, they became confrontational. The Solicitor prepared a Notice of Violation to deliver to the residents, giving them 30 days to either apply for approval from the Planning Commission or remove the work. The Planning Commissioner will wait to see if there are results from this letter before proceeding with any actions.

Comments from Residents on Agenda Items

Cal Taylor spoke to the condition of the roads at the base of the Village due to the removal of the asphalt and ensuing rains. He stated that due to the high clay content of the soil, it does not drain well and aggregate would need to be added to stabilize the soil prior to asphalt being installed on top. He noted violations of the Village’s construction contract in that the contract called for all roads to maintain a passable lane during the milling & construction of the roads. He stated that he was glad to hear that the Contractor is changing plans to deal with the road conditions, but had doubts about the ability of the Contractor to finish before asphalt plants shut down for the winter.

Old Business

  1. Committee on Infrastructure
  1. Benevento, the Chair of the committee, reported that the curbs and driveway aprons had been completed, with a few exceptions where work on the new water lines prevented it. These driveway aprons will be completed once the new water line installation is complete.


  1. The Chair stated that with all of the roads excavated, the current plan is to base stabilize the entire Village within zones, and then follow with an asphalt base when this is complete. This process should take about 4 weeks. The asphalt layer will be about 1 ½ inches below the curbs, with the final layer of asphalt to be laid once all the work in the Village, including driveway apron installation and lawn grading, is complete.


  1. Committee on Communications

There was no update from the Committee Chair.

  1. Web Manager
  1. The Web Manager reported that he had made a few minor changes to the web site and that the web site had 100% up time during the month of September


  1. The Web Manager mentioned that the web site hosting was due to renew on 10/29.


New Business

  1. Ordinance 02-2018

Ordinance 02-2018, 2019 Appropriations (Village) was introduced by Benevento and had its first reading.

  1. Resolution 2018-10

Resolution 2018-10, A Resolution to Provide Legal Counsel to the Village of Riverlea, and to Declare an Emergency was introduced by Lowe. Lowe moved and McClintock seconded the motion to waive the three readings of the resolution in order to sign the contract in a timely manner. The motion passed (5-0). McClintock moved and Benevento seconded the motion to approve of the resolution. The motion passed (5-0).

  1. Mosquito Spraying

The Mayor stated that it was time for the Village to sign another 3 year contract with Franklin County for mosquito spraying. In its latest proposal, the county offered additional nuisance traps and spraying if desired. The Council declined these additional services.

  1. Trick or Treating

Given the condition of the roads, curbs, and yards in the Village, Council discussed how to handle trick or treating. The Mayor mentioned that the roads would likely be stabilized by the end of the month. Council felt that the condition of the yards was a greater issue than the condition of the streets, given the holes and mounds of dirt. The Solicitor felt that these conditions presented a liability concern to the Village. Council agreed to cancel trick or treating this year. The Mayor will contact the Columbus Dispatch so that they can publicize this and signs will be placed at Village entrances on Halloween.


Miller moved and McClintock seconded the motion to authorize the following expenditure:

– $1,622.50 – Gudenkauf Corp – Water & gas line locating

The motion was approved unanimously (5-0).

Comments from Residents on Non-Agenda Items

There were no comments from residents.

Next Meeting Announcement

The next regular meeting will be Monday, November 19 at 7:00 p.m. at the Thomas Worthington High School.


There being no further business, Benevento moved and Miller seconded the motion to adjourn.  The motion was approved unanimously (5-0).  The meeting was adjourned at 8:27 p.m.