VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
DECEMBER 17, 2007
THE COUNCIL OF THE VILLAGE OF RIVERLEA MET ON THE ABOVE DATE AT 302 WEST RIVERGLEN DRIVE. THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: MARY JO CUSACK, MAYOR; PAMELA M. COLWELL; SCOTT K. GORDON; JOHN A. SCHAER; RENEE SHANNON; RODNEY TETTENHORST AND PAUL J. ZENISEK. ALSO PRESENT WERE GARY A. BRUCK, BUILDING/ZONING COMMISSIONER; DANIEL A. MCINTYRE, STREET COMMISSIONER; JODY CROLEY JONES, VILLAGE WEBMASTER; STEVEN W. MERSHON, SOLICITOR; NEIL R. MORTINE, MARSHAL; DAN E. OWENS, CLERK-TREASURER AND LOIS YOAKAM, NEWSLETTER EDITOR. GUESTS OF COUNCIL INCLUDED: L. KEITH BEACHLER; DONALD AND JULIE BROGAN; DONALD F. AND BETTY K. CAMPBELL; JOSEPH R. DURHAM, ATTORNEY FOR DONALD AND JULIE BROGAN; MICHAEL JONES; JOHN S. MCALEARNEY; CONSTANCE M. MITCHELL; RENE RIMELSPACH, ATTORNEY FOR DONALD AND JULIE BROGAN; KRISTYN L. SCHAER; AND H. MARSHALL TRUXALL. ALL MEMBERS OF THE COUNCIL AND PLANNING COMMISSION WERE PRESENT. THE MAYOR CALLED THE MEETING TO ORDER AT 7:32 P.M.
MINUTES
07-48
MINUTES OF THE REGULAR COUNCIL MEETING OF NOVEMBER 19, 2007, WERE NOT READ SINCE EACH MEMBER HAD RECEIVED A COPY. THE CLERK-TREASURER MENTIONED SEVERAL PARAGRAPHS THAT HAD BEEN ALTERED SINCE THE DISTRIBUTION OF THE DRAFT MINUTES. TETTENHORST MOVED AND SHANNON SECONDED A MOTION THAT THE MINUTES BE APPROVED AS SUBMITTED BY THE CLERK-TREASURER. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.
CLERK-TREASURER REPORT
07-49
ZENISEK MOVED AND SCHAER SECONDED A MOTION TO APPROVE THE PAYMENT OF BILLS AND TO ACCEPT THE FINANCIAL REPORT FOR NOVEMBER OF 2007, AS SUBMITTED BY THE CLERK-TREASURER. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0. SEE BOARD REFERRAL FILE NUMBER 07-015.
THE CLERK TREASURER REPORTED ON THE MEETING OF THE INVESTMENT AND AUDIT COMMITTEE OF DECEMBER 10, 2007. THE APPROPRIATION ORDINANCE (VILLAGE) FOR CALENDAR YEAR 2008 WAS CRITIQUED AND PREPARED FOR COUNCIL ACTION. THE VILLAGE’S INVESTMENT POLICY WAS REVIEWED AND NO CHANGES WERE RECOMMENDED. TWO INSURANCE PROPOSALS FOR THE VILLAGE WERE REVIEWED, BUT NO RECOMMENDATIONS WERE MADE. AN INVOICE FROM THE ARNHOLT GROUP WAS EXAMINED; THE CLERK-TREASURER WAS TO CONFER WITH TIM ARNHOLT.
THE CLERK-TREASURER REQUESTED THAT COUNCIL CONSIDER PAYMENT OF TWO INVOICES THAT HAVE BEEN PRESENTED TO THE VILLAGE.
REPORTS OF OFFICIALS
THE MAYOR REPORTED THAT THERE WAS NO NEED FOR COLUMBUS TO CONSULT WITH RIVERLEA BEFORE THEY APPROVED THE DESIGNATION OF A SECTION OF THE OLENTANGY RIVER AS AN OHIO WATER TRAIL. SHE EXPRESSED NO OBJECTION TO HAVING RESIDENT’S PLACING CLASSIFIED ADS ON THE VILLAGE WEB SITE FOR A PERIOD OF ONE MONTH. SHE STATED THAT THE POLICE CONTRACT WITH WORTHINGTON, FOR 2008, HAD BEEN SIGNED. THE MAYOR IS SEEKING VITA FROM RESIDENTS DESIRING TO FILL THE TWO VACANT COUNCIL SEATS BEFORE THE JANUARY COUNCIL MEETING. SHE IS ALSO SEEKING A CLERK-TREASURER. THE MAYOR REPORTED RECEIPT OF LETTERS FROM THE USPS, OHIO TREASURER OF STATE, FEMA AND AT&T. SHE HAS ORDERED YARD SIGNS FOR PLANNING COMMISSION MEETING NOTICES.
THE SOLICITOR STATED THAT COUNCIL HAS 30 DAYS TO SELECT THE TWO COUNCIL MEMBERS, THEN THE MAYOR FILLS THE POSITIONS. THERE REMAINS A NEED TO SELECT A CLERK-TREASURER. THE MAYOR IS TO APPOINT THE BUILDING/ZONING COMMISSIONER, WITH COUNCIL’S APPROVAL. THE SOLICITOR CONTINUES TO MEET WITH COLUMBUS’ SUBURBS RELATIVE TO THE EPA SEWER FILING.
THE BUILDING/ZONING COMMISSIONER REPORTED THAT THE COMMISSION APPROVED THE BRICK FOR THE MODIFICATION OF 35 WEST RIVERGLEN DRIVE AT ITS DECEMBER MEETING.
THE MARSHAL REPORTED 240 PATROL CHECKS, 0 WARNINGS, 1 CITATION, 6 COMPLAINTS RECEIVED AND 1 REPORT TAKEN FOR THE MONTH OF NOVEMBER. THE COMPLAINTS INVOLVED 3 PARKED CARS, 1 SUSPICIOUS PERSON, 1 BURGLAR ALARM AND A DOA.
THE STREET COMMISSIONER REPORTED THAT WORTHINGTON’S CONSULTANT HAS INSTALLED A FLOW METER IN A WORTHINGTON SEWER WITHIN RIVERLEA. HE REPORTED THAT SOME OF THE WATER PRESSURE PROBLEMS WITHIN THE VILLAGE ARE DUE TO THE AGE AND SIZE OF SUPPLY LINES AND THE INCREASING NUMBER OF HOMES, BATHROOMS, DISHWASHERS AND SPRINKLER SYSTEMS. IN SOME CASES MULTIPLE RESIDENCES ARE ON ONE SUPPLY LINE.
THE NEWSLETTER EDITOR REQUESTED COPY FOR THE JANUARY NEWSLETTER BY JANUARY 5, 2008. COUNCIL VOICED NO OBJECTION TO HER INVESTIGATING CONVERTING TO AN 8 1/2 BY 11 INCH DIRECTORY AND OBTAINING ESTIMATE OF THE COSTS.
THE WEBMASTER HAD NO OBJECTION TO INCLUDING ADS ON THE WEB SITE. SHE REPORTED AN AVERAGE OF 2,000 HITS BY 250 INDIVIDUALS PER MONTH.
COMMITTEE REPORTS
THE PARKS AND RECREATION COMMITTEE HAD NO REPORT.
COMMENTS FROM RESIDENTS ON AGENDA ITEMS
IT WAS DETERMINED THAT ALL INTENDED COMMENTS PERTAINED TO THE LOT SPLIT AT 35 WEST RIVERGLEN DRIVE. THE COMMENTS WERE DEFERRED UNTIL THE LOT SPLIT ISSUE WAS DISCUSSED.
OLD BUSINESS
04-2007
AN APPROPRIATION ORDINANCE (VILLAGE) FOR CALENDAR YEAR 2008 WAS READ BY TITLE FOR ITS SECOND READING.
ORDINANCE NO. 04-2007, ANNUAL APPROPRIATION ORDINANCE (VILLAGE) FOR CALENDAR YEAR 2008 WAS READ BY TITLE FOR ITS THIRD READING. THE CLERK-TREASURER REVIEWED CHANGES THAT WERE MADE TO THE DRAFT ORDINANCE. SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO ADOPT ORDINANCE 04-2007. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.
05-2007
AORDINANCE NO. 05-2007, AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE VILLAGE OF RIVERLEA, OHIO, AND DECLARING AN EMERGENCY WAS READ BY TITLE FOR ITS THIRD READING. TETTENHORST MOVED AND COLWELL SECONDED A MOTION TO ADOPT ORDINANCE 05-2007. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.
07-50
AT THE REQUEST OF THE CLERK-TREASURER, TETTENHORST MOVED AND SHANNON SECONDED A MOTION TO AUTHORIZE THE EXPENDITURE OF $650.00, TO CHARTER OAKS FOR CLEARING VEGETATION IN THE RAVINE ON WEST RIVERGLEN DRIVE AND AT THE SOUTH END OF OLENTANGY BOULEVARD. COUNCIL DISCUSSED THE PROCESS BY WHICH CHARTER OAKS WAS PERMITTED TO DO THE WORK. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.
07-51
AT THE REQUEST OF THE CLERK-TREASURER, SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO AUTHORIZE THE EXPENDITURE OF NO MORE THAN $500.00, TO SIGNS AND BLANKS, LTD, FOR PLANNING COMMISSION MEETING NOTICE YARD SIGNS. COUNCIL DISCUSSED THE NATURE OF THE PROPOSED SIGNS AND THE SELECTION OF THE VENDOR. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.
A RESOLUTION TO APPROVE A SUBDIVISION OF A PARCEL OF LAND IN THE VILLAGE OF RIVERLEA LOCATED AT RIVERGLEN DRIVE AND CRESCENT COURT WAS READ BY TITLE FOR ITS THIRD READING.
THE MAYOR ANNOUNCED THAT SHE HAD SUBMITTED AN APPEAL OF THE PLANNING COMMISSION’S CERTIFICATE OF APPROPRIATENESS, GRANTED FOR THE SAME PROPERTY, WITH THE CLERK-TREASURER.
COMMENTS FROM RESIDENTS ON AGENDA ITEMS, AS DEFERRED
JOSEPH R. DURHAM, ATTORNEY FOR DONALD AND JULIE BROGAN, SPOKE IN FAVOR OF THE RESOLUTION, REVIEWED THE TIME LINE OF THE GRANTING OF THE CERTIFICATE OF APPROPRIATENESS AND ADOPTING THE RESOLUTION. HE OUTLINED THE LEGAL BASIS THAT REQUIRED THE RESOLUTION’S PASSAGE.
DONALD AND JULIE BROGAN, OWNERS OF THE PROPERTY, GAVE THEIR RATIONAL FOR THE DESIRED LOT SPLIT.
JOHN S. MCALEARNEY, A RESIDENT OF CRESCENT COURT, PRESENTED HIS AND HIS NEIGHBORS OBJECTION TO THE SPLIT.
DISCUSSION FOLLOWED AS TO GRANDFATHERED PROPERTY RIGHTS, CONVERTING A TWO FAMILY PARCEL INTO A THREE FAMILY PARCEL, UTILITY EASEMENTS, BUILDABLE LOT REQUIREMENTS AND BUILDING DENSITY.
THE SOLICITOR ADVISED COUNCIL AS TO WHAT ACTION THEY COULD TAKE.
07-52
SCHAER MOVED AND COLWELL SECONDED A MOTION TO ADOPT A RESOLUTION TO APPROVE A SUBDIVISION OF A PARCEL OF LAND IN THE VILLAGE OF RIVERLEA LOCATED AT RIVERGLEN DRIVE AND CRESCENT COURT. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, NONE: NAY, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK. THE MOTION FAILED 0-6.
MEMBERS OF COUNCIL AND THE PLANNING COMMISSION COMMENTED ON CONFLICTS IN VILLAGE ORDINANCES AND RESOLUTIONS AND PROPERTY RIGHTS OF RESIDENTS AND DEVELOPERS.
NEW BUSINESS
07-53
AFTER SOME DISCUSSION, ZENISEK MOVED AND TETTENHORST SECONDED A MOTION TO HEAR THE APPEAL OF THE PLANNING COMMISSION’S GRANTED CERTIFICATE OF APPROPRIATENESS AT THE WEST RIVERGLEN DRIVE AND CRESCENT COURT PROPERTY WITHIN 60 DAYS. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.
07-54
TWO INSURANCE PROPOSALS HAD BEEN SUBMITTED TO COUNCIL. THE PROPOSAL OF THE DAWSON COMPANIES, BACKED BY THE OML, AND THE PROPOSAL OF BURNHAM AND FLOWER OF OHIO, BACKED BY PEP, WERE DISCUSSED AT LENGTH. SCHAER MOVED AND SHANNON SECONDED A MOTION TO RENEW WITH THE DAWSON COMPANIES. SCHAER, TETTENHORST AND THE SOLICITOR ARE TO FURTHER REVIEW THE POLICIES AND RECOMMEND A SPECIAL MEETING OF COUNCIL BEFORE THE JANUARY 22, 2008, POLICY DATE IF SAVINGS COULD BE REALIZED WITH THE SAME COVERAGE. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.
COMMENTS FROM RESIDENTS ON NON-AGENDA ITEMS
INTEREST WAS EXPRESSED IN FOLLOWING UP ON THE LAND USE COMMITTEE’S RECOMMENDATIONS. THE MAYOR STATED THAT SHE PLANNED A SPECIAL MEETING ON THE ISSUES DURING JANUARY OF 2008.
THE SOLICITOR RECOMMENDED THAT COUNCIL MEETINGS REMAIN WITHIN THE VILLAGE UNTIL SUCH TIME AS A STATE LAW IS ENACTED CLARIFYING THE SITUATION.
THE MAYOR THANKED PAMELA M. COLWELL, SCOTT K. GORDON AND GARY A. BRUCK FOR THEIR YEARS OF SERVICE TO THE VILLAGE AND PRESENTED EACH WITH A TOKEN OF APPRECIATION.
THE MAYOR WISHED ALL A MERRY CHRISTMAS AND A HAPPY NEW YEAR.
NEXT MEETING AND ADJOURNMENT
THE MAYOR ANNOUNCED THAT THE NEXT REGULAR MEETING OF COUNCIL WILL BE HELD ON MONDAY DECEMBER 17, 2007, AT 7:30 P.M. AT 302 WEST RIVERGLEN DRIVE.
07-55
THERE BEING NO FURTHER BUSINESS, SCHAER MOVED AND GORDON SECONDED A MOTION TO ADJOURN THE MEETING. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0. THE MEETING WAS ADJOURNED AT 9:35 P.M.
MARY JO CUSACK, MAYOR
DAN E. OWENS, CLERK OF COUNCIL