Regular Council Meeting

April 19, 2010

The Council of the Village of Riverlea met on the above date at the Thomas Worthington High School, Worthington. The following Council members were present: Mayor Mary Jo Cusack, Jon L. Ankrom, Scott K. Gordon, Briggs W. Hamor, Eric A. MacGilvray, and Daniel W. Noonan. Kirk M. McHugh was absent. Also present were Pamela M. Colwell, Clerk-Treasurer, Steven W. Mershon, Solicitor, William Charles, Street Commissioner, Kent Shimeall, Marshal, Jody C. Jones, Web Manager and Michael Jones, Planning Commissioner. Guests of Council are listed on the attached sheet. At 7:10 p.m. the Mayor called the meeting to order.

Minutes

  1. The minutes of the regular Council meeting of March 16, 2010 were not read since each member had received a copy. MacGilvray moved and Noonan seconded a motion that the minutes be approved as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.
  2. The minutes of the special Council meeting of March 29, 2010 were not read since each member had received a copy. Noonan moved and Hamor seconded a motion that the minutes be approved as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0

Report of the Clerk-Treasurer

  1. Ankrom moved and Gordon seconded a motion to approve the payment of bills and to accept the financial report for March 2010, as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.
  2. The Clerk-Treasurer reported that the Budget Committee will need to meet in May to work on the 2011 budget.

Report of the Mayor

  1. The Mayor reported that OSU is refusing to provide who is reviewing the report on the OSU Airport and she referred to an article about private planes not letting anyone know where they are going.
  2. MacGilvray will be meeting with MORPC regarding the Complete Streets program and obtaining funding.
  3. There have been problems with the building of the house on Pioneers. They have intruded on the property of the neighbor to the south and there is the obvious bad placement of the port-a-john.
  4. The Village needs a volunteer to deal with the storm water management. Gordon said he would handle it.
  5. The Mayor asked if Council wanted the Riverlea flag or both the Riverlea and US flags flown at the two front entrances. Council responded that the US flags should be flown or both, but not just the Riverlea flag. There is a problem now with the pole brackets being too low and allowing the flags to get tangled and torn by the lanterns. New brackets will need to be installed higher along with better flag poles. Hamor volunteered to look into this.

Report of the Solicitor

  1. The Solicitor said he would make his comments throughout the meeting as the issues were brought up.

Report of the Planning Commissioner

  1. The Commissioner reported there were two applications for a Certificate of Appropriateness at the last meeting. One was approved for a change in a window and a new patio at 250 W. Riverglen. The second one was for an addition of a dormer on the second floor at 5814 Westchester and it was tabled and rescheduled due to not having enough members to vote since one member could not vote due to a conflict of interest.

Report of the Marshal

  1. The Marshal reported that the police report was routine with 249 checks and 5 complaints.
  2. He is trying to contact the builder on Pioneers to discuss the problems of mud run off and the port-a-john issue.

Report of the Street Commissione

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  1. The Commissioner reported that Radico has already checked out the lift station and the check valves need replacing at a cost of approximately $400.
  2. He will meet with Louis MacFarland (Burgess & Niple) next week for a walk through for the streets.

Report of the Newsletter Editor

  1. The Editor would like copy for the Newsletter by May 5th. If anyone has any suggestions for the Newsletter, please let her know.

Report of the Web Manager

  1. Web Manager reported that the Web site has been revised and reprogrammed.
  2. Due to requests from users, she has created programs for applying for an email list online and a public records request. She has also created a privacy policy. The Solicitor will review these before they will be presented to Council for approval.

Report of Parks and Recreation

  1. There was no report.

Report of Stimulus Fund

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  1. MacGilvray is working on meeting with MORPC regarding the streets and curbs.

Mayor’s Comments on Cut-Through Issues

  1. The Mayor started the discussion by explaining the financial position of the Village. The Village is required to update and maintain the infrastructure due to an EPA order. This is not an option but is mandatory. There is also the need and cost of street and curb replacement. We are proceeding by doing a little at a time with the help of Burgess & NIple. Ultimately, the Village will need to pass a levy to pay for these. Because of these issues, the Village does not have money to spend on other matters.
  2. She spoke with the Butlers at 156 W. Riverglen Dr. and MIG Properties at 142 W. Riverglen Dr. about selling a strip of land for the cut-through and they are unwilling to do so, which is their right. However, MIG Properties said the Village could buy the house at 142 W. Riverglen Dr.
  3. She asked everyone to review the Cut-Through Committee report online at the Village’s web site.
  4. There is also the issue that Worthington would not like this to go through. The Village cannot legally pay for any Worthington upgrades. They can put up a fence that would block the cut-through. Student busing can also be stopped.
  5. There are also issues regarding insurance, maintenance, liability and ADA compliance.
  6. To take the land needed for a cut-through under eminent domain, the land must be necessary for public use, which is questionable. There is not only the compensation for the land, but also for the loss of use, which may require us to be responsible for the full value of the properties. A pathway would prevent them from using their garages. There are other costs such as appraisals, legal fees, and construction.
  7. The Mayor provided information from this issue from 1989 and noted that costs have increased over 20 years from $64,000 in 1989. The tax levy was defeated by 222 against and 97 for, so the residents were unwilling to pay for the pathway.

Comments from Residents on Cut-Through Issues

(Most of the residents who spoke expressed their thanks to the Butlers.)

  1. Laura Bischoff presented her petition to Council. She was under the false impression that the cut-through was public and not private property. She wished the problems the Butlers had would have come to light earlier. She feels High Street is unsafe and the sidewalks are snow covered in winter. South Street is not as busy but there are no sidewalks. She wants a permanent solution and this direct path makes the most sense to her. If the Village loses busing then the cut-through would be necessary. The safety of the children is most important. Eminent domain can be expensive. She spoke with Paul Unrue and believes it may be possible to negotiate with MIG Properties.
  2. Amanda Rodewald agreed with Bischoff. She pointed out that busing was only for elementary students. Council should look at this as an opportunity to do something worthwhile for the community.
  3. Gina Jacob stated that this cut-through may not be the right one, but this issue needed to be seriously explored and the best choice should be made.
  4. Marlene Borschel is for the pathway. Her primary concern is safety.
  5. Taylor Surface stated that we need to pursue a pedestrian walkway to Worthington.
  6. Frank Stroebel said he is for a pathway.
  7. Anne Bennett said this is the Butler’s property. They are the ones who lose their privacy with the cut-through. She doubted if anyone else would want that on their property. Also, children can be taught about safety. She questioned whether the Village can afford this.
  8. Tony Macerollo believes property values have dropped since the cut-through was closed and the Village is no longer a pedestrian friendly community.
  9. Dan Schlichting agreed with what has been said. He has sympathy for the property owners but believes it is time to make this permanent.
  10. Duane Graham wants the cut-through because he is worried about the safety of kids. Erecting the fence walls out Worthington.
  11. John Groeber, MIG Properties attorney, pointed out that eminent domain is a lawsuit and will be vigorously defended. For example, he would point out that all of Columbus uses High Street. Why is it more dangerous here? He could also file a counter claim against the Village. This is private property and they have been before the Planning Commission twice. The plans have been approved. They would get an appraisal to see how much the property would be devalued by having a cut-through. The appraiser would consider whether there were not only walkers or also rollerblades, skateboards, scooters, etc. for 24 hours a day. They would also point out that they do not think it is a good idea to connect two streets with a sidewalk. Finally they would get into the issue of what is a necessity? That may be hard for the Village to prove in court.
  12. Cathy LaLonde encouraged Council to move forward on this issue. She feels that the kids do not have a safe way to go back and forth to school. If a pathway is created, then the Village must maintain it to avoid the problems the Butlers had.
  13. Paul Butler said he is tired of the harassment, which has been increasing. When people complain about the snow on High St., he asked who do you think shoveled the snow on his gravel driveway for you to pass through the walkway? No one helped when a tree fell along the cut-through. He wanted to know why the three people who offered the right of way through their driveway are not pursued too. He asked Bischoff to see the petition and got the run around. (The Mayor indicated that this petition was not an official survey by the Village. Individuals are free to make up their own petitions.)
  14. Suzanne Butler does not know why people do not understand that this is private property. They are spending over $20,000 for a new fence and driveway. She is a retired school teacher and knows each child can be taught safety. Neighbors have stopped by to tell her that the Hamors and Bischoff are behind this. She just wants this to stop.

Comments from Council on Cut-Through Issues

  1. The Mayor thanked everyone for being courteous. She mentioned the online comments to a Dispatch article about this were 98% against the cut-through. She reminded everyone that this is the jury pool if we have to go to court on this. All of this has been on the financial side of it. On the compassionate side, is this fair to good neighbors?
  2. Hamor asked if anything needed to be done regarding the Bischoff petition. The Mayor responded no. It is only advisory.
  3. MacGilvray said it was a very personal issue for him since he has two daughters. He is disappointed the cut-through was closed before anything could be done to resolve the problems. So does the Village want to take the property and incur all of the costs associated with eminent domain? Or try to find a middle ground solution if the property owners are agreeable to meeting? He would meet them more than halfway. He would not want to move forward with legal action unless he was confident there was strong support from the Village.
  4. Gordon said the cut-through was convenient but is no longer available, so we need to deal with it. To go forward would be very costly. How would it be maintained? As a small Village we do not have a maintenance staff. What is next? Sidewalks on Riverglen to make it safer to get to the pathway? Where does it end? If the 173 people who signed the petition agree to pay for the pathway, then he would be for it. But as a Council member he will never be in favor of taking land.
  5. Hamor asked about other options. Bischoff described using the two foot easement but it was not a permanent solution.
  6. Ankrom wants safety too but does not believe we would win if we tried to take the land and he would not vote for a land take. It would not be a wise use of money considering the high costs. He also tried to put himself in the Butler’s position to see if he would like to have people cut through his yard, which he would not. What if people wanted access to the river through someone’s yard? Where does this stop?
  7. Noonan is an avid backer of property rights. South Street is much busier now than 20 years ago. And that the argument of Worthington BOE will stop busing if there is an official pathway inversely justifies the fact that currently the Worthington BOE sees South and High streets as too dangerous for the children to walk to school. He would like to find a solution. This is confrontational. He would like to work with Worthington to fix the sidewalks on High Street.
  8. Hamor believes we need to know the actual costs before making any decision. He will look into the cost of hiring an appraiser and consultant.
  9. MacGilvray will contact MIG Properties and the Butlers to see if an easement purchase can be negotiated.
  10. Noonan wants on the agenda for the next meeting to discuss working with Worthington for safer sidewalks and South Street.

Old Business

  1. RESOLUTION NO. 2010-16
    MacGilvray introduced Resolution No. 2010-16, A Resolution to Provide for the Acquisition of Engineering Services by the Village of Riverlea. The Clerk-Treasurer is waiting to hear from the State Auditor’s office regarding whether bidding is required. MacGilvray moved to amend the Resolution, Section 1, last sentence to include, “and provided that the Mayor shall not execute such document without approval of legal counsel.” Noonan seconded the motion. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0. Gordon moved to suspend the three readings and Noonan seconded the motion. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0. Hamor moved and MacGilvray seconded the motion to adopt Resolution No. 2010-16. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.
  2. RESOLUTION NO. 2010-12
    Noonan introduced Resolution No. 2010-12, A Resolution to Approve a Public Records Policy for the Village. Gordon moved to suspend the three readings and Hamor seconded the motion. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0. Noonan moved and Ankrom seconded the motion to adopt Resolution No. 2010-12. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.

New Business

  1. RESOLUTION NO. 2010-13
    Noonan introduced Resolution No. 2010-13. A Resolution to Confirm the Appointment of Donald E. Griffith as a Member of the Planning Commission and to Declare an Emergency. Gordon moved to suspend the three readings and Hamor seconded the motion. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0. Noonan moved and MacGilvray seconded the motion to adopt and declare an emergency for Resolution No. 2010-13. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.
  2. Payment of Bills
    Gordon moved and Hamor seconded the motion to authorize the expenditures of the following:

    MORPC Luncheon
    $65.00
    Capitol Copy maintenance agreement
    $330 plus up to $140 for extra copies
    Entry flowers
    $60
    Mary Jo Cusack photocopies
    $100

    The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.

    Gordon moved and Ankrom seconded the motion to authorize the expenditure of up to $500 for Radico to repair the lift station. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.

  3. Lift Station Flow Monitoring System
    Gordon moved and Ankron seconded the motion to remove from the table the authorization to expend up to $5,000 to purchase the lift station flow monitoring system. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.
  4. Mailbox
    Gordon and Ankrom will install the new Village mailbox.
  5. Moving Funds from the General Fund to an Allocated Fund
    The Clerk-Treasurer will investigate whether funds can be moved from the general fund into a new fund created for a specific purpose. Auditor approval will be required. She will gather information on past water and sewer line repairs and discuss with the Street Commissioner about cost of future repairs to determine how much would be needed for this new fund.

    Comments from Residents on Non-Agenda Items

    There were no comments on non-agenda items.

    EXECUTIVE SESSION

    A motion was made by Hamor to go into Executive Session per §121.22(G)(3) ORC to discuss an insurance proposal. Gordon seconded the motion. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray, and Noonan: Nay, None. The Motion carried 5-0. The Council adjourned to Executive Session at 9:57 p.m.

    Gordon made a motion to adjourn out of Executive Session and resume Open Session. MacGilvray seconded the motion. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0. The Council resumed Open Session at 10: 05 p.m.

    OPEN SESSION

  6. ORDINANCE NO. 01-2010
    Hamor introduced Ordinance No. 01-2010, An Ordinance to Approve a Modification and Realignment of Ordinance 10-2009, The Annual Appropriation Ordinance. Gordon moved to suspend the three readings and Ankrom seconded the motion. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0. Gordon moved and Hamor seconded the motion to adopt and declare an emergency for Ordinance No. 01-2010. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.
  7. RESOLUTION NO. 2010-15
    Gordon introduced Resolution No. 2010-15, A Resolution to Authorize Acceptance of a Proposal by JWF Specialty Company. Noonan moved to suspend the three readings and MacGilvray seconded the motion. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0. Gordon moved and Noonan seconded the motion to adopt and declare an emergency for Resolution No. 2010-15. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.
  8. RESOLUTION NO. 2010-14
    Gordon introduced Resolution No. 2010-14, A Resolution to Authorize an Agreement with Donald Brogan and Julia Brogan and to Declare an Emergency. Hamor moved to suspend the three readings and Noonan seconded the motion. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0. Gordon moved and Ankrom seconded the motion to adopt and declare an emergency for Resolution No. 2010-14. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.

Next Meeting Announcement

The next regular meeting will be Monday, May 17, 2010 at 7:00 pm at the Thomas Worthington High School, Room 185.

Adjournment

There being no further business, Gordon moved and Noonan seconded a motion to adjourn. The following vote was recorded on the motion: Yea, 5; Ankrom, Gordon, Hamor, MacGilvray and Noonan: Nay, None. The Motion carried 5-0.

The meeting was adjourned at 10:15 pm.

MARY JO CUSACK, MAYOR

M. COLWELL, CLERK OF COUNCIL