VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
APRIL 20, 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, John A. Schaer, Renee Shannon, Rodney Tettenhorst and Paul J. Zenisek. Kirk McHugh was absent. Also present were Pamela M. Colwell, Clerk-Treasurer, Michael Jones, Planning Commissioner, William Charles, Street Commissioner, Jody Croley Jones, Web Manager, Lois Yoakam, Newsletter Editor, Jennifer Koontz, Digital Reporter, Jim Dippel, Engineer, and residents listed on the attached page. At 7:00 p.m. the Mayor called the meeting to order.
Request for a Planning Commission Appeal
09-18
Taylor and Suzanne Surface submitted a request to Council to hear their appeal of the Planning Commission’s denial of their request for a variance. Jennifer Koontz, Certified Digital Reporter, recorded the notice of appeal session. McAlearney moved and Schaer seconded a motion to formally hear the Surfaces’ appeal. The following vote was recorded on the motion: Yea, 4; McAlearney, Schaer, Shannon and Zenisek: Nay, 1; Tettenhorst. The Motion carried 4-1. It was agreed to hear the appeal on May 4, 2009 at 7:00 p.m. at the Worthington United Methodist Church, 600 High St. At 7:45 the Mayor adjourned the session for a short break.
At 7:55 the Mayor called the meeting to order
Report from Jim Dippel (Burgess & Niple)
Dippel discussed the draft of the Sanitary Sewer Overflow Emergency Response Plan he presented to Council. He noted that the Ohio EPA Findings and Orders were signed February 11, 2009. The first order, Public Notification Plan, is due May 12, 2009, three months after the order was issued. It covers chapters 4, 5 and 6. In six months, August 12, 2009, the Emergency Response Plan must be adopted and submitted to the Ohio EPA for review. Council asked how he came up with this plan and Dippel said he used the American Public Works Association document and the EPA recommended the City of Hillard’s document.
2009-10
Zenisek introduced Resolution No. 2009-10, A Resolution Approving a Public Notification Program Regarding Possible Future Sanitary Sewer Overflows and amended “PRP” to “PNP” in three places and changed storm to sanitary in two places. Zenisek moved to waive the three readings and Schaer seconded the motion. The following vote was recorded on the motion: Yea, 5; McAlearney, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0. Zenisek moved and Schaer seconded a motion to adopt Resolution No. 2009-10. The following vote was recorded on the motion: Yea, 5; McAlearney, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0.
Minutes
09-19
The minutes of the regular Council meeting of March 18, 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, 5; McAlearney, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0.
Clerk-Treasurer Report
09-20
The Clerk-Treasurer reported receiving the first half of the real estate taxes of $59,612 and $61,055 in estate taxes. Schaer moved and Zenisek seconded a motion to approve the payment of bills and to accept the financial report for March 2009, as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 5; McAlearney, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0. See Board Referral File number 09-009.
Report of the Mayor
The Mayor reported that OSU Airport’s response did not answer the questions residents asked. Nothing has changed in that situation. She is really concerned about what is happening at the south end of Olentangy Boulevard in Rush Run Park. The park is owned by Columbus but is in Worthington. Kids are hanging out, drinking, using drugs, stealing and removing the sewer cover. She spoke with Lt. Doughtery about the problems and initially he was not too concerned. He did look into it and discovered a shack the kids built with a lot of beer cans thrown around. He dismantled the shack and cleaned up the beer cans. He will have his officers get out of their cars and check on it periodically. The Mayor has asked all residents to report to the police any suspicious people and cars. Residents should ask to speak with a detective when they call. The Mayor also wants Council to review the Marshal’s duties at the next meeting.
Report of the Solicitor
The Solicitor’s report involved the ordinance on single family residential permitted uses and will talk about it when the ordinance is discussed.
Report of the Planning Commissioner
The Planning Commissioner reported that there was a meeting April 11, 2009. An application for a variance at 5849 Olentangy Blvd. was not approved. An application for a Certificate of Appropriateness at 5805 Crescent CT was tabled due to the lack of specified materials and samples. And there was a Certificate of Appropriateness for a garden window at 5830 Falmouth CT that was approved.
Report of the Marshal
There were 276 traffic checks, with no warnings or citations. He thanked the Mayor for talking to the police to get some action for the problems in Rush Run Park. Zenisek questioned about not allowing solicitors in the Village but was told we could not legally do that. However, he could place a sign on his door saying no solicitors and call police if they violate that.
Report of the Street Commissioner
The Street Commissioner reported that the potholes have been repaired by Decker. He and McAlearney met with Dippel regarding the Sanitary Sewer Overflow Emergency Response Plan. He said we need to get the streets cleaned. He will also look into getting a flow meter for the lift station to see what the cost would be. The bar screen needs to be cleared periodically and he will look into that, maybe using Radico.
Report of the Newsletter Editor
Newsletter Editor requested copy for the May Newsletter by May 5.
Report of the Web Manager
The Web Manager reported she put on the Web the Riser Safety Program by Columbia Gas for the residents’ information. She is also posting the Planning Commission minutes, meeting dates and deadlines.
Report of Parks and Recreation
Pat Anderson and Susan Costakos-Slomka may not be available to handle the July 4 picnic. Volunteers are needed.
Comments from Residents on Agenda Items
Barman spoke about the animals running at large ordinance and was glad that some changes were made to the previous ordinance.
McElmurray thought the group that met to come up with the new animal running at large ordinance was a compromise that they agreed on. He felt it was wrong for Council to change it and that most of the residents do not want it.
J. Brown came to support the Surfaces. She asked Council to look at the Surfaces’ home to see how the addition would look relative to the neighboring homes. She was also not in favor of the animals running at large law.
R. Dalton wrote a letter to the Street Commissioner expressing his concerns over the lack of neighborly stewardship of community property. The curbs of some residents are littered with debris and some yards are not kept up to local standards. He would like to see some sort of volunteer effort to clean up the streets
D. Dalton said most people were against the animals running at large ordinance and asked Council to reject it. She also wanted to know what could be done with the illegal addition to a neighbor’s house.
Mancini wants a leash law because dogs are not usually under control and there are parks available for dogs off leash.
The Mayor thanked the residents for their opinions.
Old Business
01-2009
Ordinance 01-2009, An Ordinance to Clarify the Permitted Uses of Single Family Residential Property in the Village was read by title for its third reading. The Solicitor said that Section 1 (a) was similar to Worthington’s ordinance and there may be situations we may not be able to enforce it. Council may want to remove it and then it would be similar to Dublin’s and Columbus’ ordinance. The Mayor said it would be unlikely to have a problem and that it kept from having too many people moving into one home. Tettenhorst moved and Shannon seconded a motion to amend as follows: Section 1 (a)(2) … provided that unless all members are related to one or more other occupants by blood, adoption, foster or custodial status, or marriage, no such family shall contain over five persons. The following vote was recorded on the motion: Yea, 5; McAlearney, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0. Schaer moved and Tettenhorst seconded a motion to adopt Ordinance 01-2009. The following vote was recorded on the motion: Yea, 5; McAlearney, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0.
02-2009
Ordinance 02-2009, An Ordinance to Further Regulate Dogs Running at Large Within the Village was read by title for its third reading. McAlearney questioned how this ordinance was written. Tettenhorst explained that he and McHugh met with two residents to come up with the current ordinance. Tettenhorst moved and Zenisek seconded a motion to adopt Ordinance 02-2009. The following vote was recorded on the motion: Yea, 5; McAlearney, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0.
Investment Policy
09-21
Zenisek asked how non-Council members were chosen for the Investment Committee. The Mayor said she would appoint them and Council would not have to approve them. There are two changes in the Investment Policy – 1) the term for investments changed to one year instead of two years and 2) the Investment Committee includes two non-Council members. Schaer moved and Shannon seconded a motion to adopt the Investment Policy. The following vote was recorded on the motion: Yea, 5; McAlearney, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0.
New Business
Approval of Bills
09-22
Schaer moved and Tettenhorst seconded a motion to approve the expenditure of $1,000 Decker for potholes, $180 Seitz for 2 Riverlea flags, $3056 Radico for lift station, $65 MORPC annual luncheon, and $424 FEMA dues. The following vote was recorded on the motion: Yea, 5; McAlearney, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0.
Council asked the Mayor to get a US flag that was bigger than the Riverlea flag.
03-2009
An Ordinance to Approve a Modification and Realignment of Ordinance 08-2008, The Annual Appropriation Ordinance (Village) was introduced by Zenisek. Zenisek and Tettenhorst moved to suspend the three readings. The following vote was recorded on the motion: Yea, 5; McAlearney, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0. Zenisek moved and Schaer seconded a motion to adopt Ordinance 03-2009. The following vote was recorded on the motion: Yea, 5; McAlearney, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0.
R. Dalton asked how Council would enforce the animals running at large ordinance. Tettenhorst responded that Council will be looking into that later. Dalton thought it was Council’s job to enforce the laws. It was pointed out to him that Council makes the laws and the enforcement is up to residents calling the police. Schaer said there is a need for more participation by residents. Residents need to call the police when they see laws being broken.
Next Meeting and Adjournment.
The Mayor announced that the next regular meeting of Council will be held on May 18, 2009 at 7:00 pm at Worthington United Methodist Church 600 High Street.
09-17
There being no further business, Shannon moved and Schaer seconded a motion to adjourn the meeting. The following vote was recorded on the motion: Yea, 5; McAlearney, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 5-0. The meeting was adjourned at 9:20 pm.
MARY JO CUSACK, MAYOR
DAN E. OWENS, CLERK OF COUNCIL