Regular Council Meeting

February 16, 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, Scott K. Gordon, Briggs W. Hamor, Eric A. MacGilvray, Kirk M. McHugh, and Daniel W. Noonan. Jon L. Ankrom was absent. Also present were Pamela M. Colwell, Clerk-Treasurer, Steven W. Mershon, Solicitor, William Charles, Street Commissioner, Kent Shimeall, Marshal, and Michael Jones, Planning Commissioner. Guests of Council were Lt. James Mosic, L. Leah Reibel, Suzanne Butler, Paul Butler, Don Brogan, and Julie Brogan. At 7:00 p.m. the Mayor called the meeting to order.

Introduction of Lt. James Mosic, Worthington Police Liaison

  1. Lt. Mosic took over patrol operations with the Worthington Police. He is trying to be a liaison to community groups and citizens with his main goal of getting everyone to work together. He asks residents to feel free to contact him with their concerns, comments and questions.
  2. The Mayor reported that one officer was unaware that the Village’s ordinances were codified. Lt. Mosic said he would make sure all of the officers knew this. He said his officers wrote under the state code and that there were only a few unique ordinances for the Village, which were mainly about parking.
  3. The Mayor expressed her and Council’s appreciation of having Lt. Mosic as liaison.

EXECUTIVE SESSION

A motion was made by Noonan to go into Executive Session per §121.22(G)(3) ORC to discuss pending court actions. Gordon seconded the motion. The following vote was recorded on the motion: Yea, 5; Gordon, Hamor, MacGilvray, McHugh and Noonan: Nay, None. The Motion carried 5-0. The Council adjourned to Executive Session at 7:09 pm.

McHugh made a motion to adjourn out of Executive Session and resume Open Session. Gordon seconded the motion. The following vote was recorded on the motion: Yea, 5; Gordon, Hamor, MacGilvray, McHugh and Noonan: Nay, None. The Motion carried 5-0. The Council resumed Open Session at 7:52 pm.

OPEN SESSION

McHugh moved to authorize L. Leah Reibel to negotiate a settlement, seek mediation and file objections in the litigation of Donald Brogan v. Village of Riverlea. Noonan seconded the motion. The following vote was recorded on the motion: Yea, 5; Gordon, Hamor, MacGilvray, McHugh and Noonan: Nay, None. The Motion carried 5-0.

Minutes

  1. The minutes of the regular Council meeting of January 19, 2010 were not read since each member had received a copy. Gordon moved and MacGilvray seconded a motion that the minutes be approved as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 5; Gordon, Hamor, MacGilvray, McHugh and Noonan: Nay, None. The Motion carried 5-0.

Report of the Clerk-Treasurer

  1. McHugh moved and Noonan seconded a motion to approve the payment of bills and to accept the financial report for January 2010, as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 5; Gordon, Hamor, MacGilvray, McHugh and Noonan: Nay, None. The Motion carried 5-0.

Report of the Mayor

  1. The Mayor said that she included some information from the police report in the meeting packet so that Council would be aware of some problems within the Village.
  2. McHugh reported there was a problem with identifying us as Worthington or Riverlea when calling 911. He said they did not know to contact Worthington Police. The Mayor will look into it.

Report of the Solicitor

  1. The Solicitor reminded the new Council members that they are required to attend public records training or designate someone to go on their behalf. In the past the Mayor has been designated. He is pointing this out now because the training is usually held during the first quarter of the year.

Report of the Planning Commissioner

  1. The Commissioner reported there was one application for a Certificate of Appropriateness for a new house at 5822 Pioneers Court that was approved.

Report of the Marshal

  1. The Marshal reported that the police report was routine with 278 checks.
  2. He has contacted the contractor working at 5849 Olentangy Blvd. to make sure the street stays clean.

Report of the Street Commissioner

  1. The Commissioner has contacted Jim Dippel of Burgess & Niple for a proposal regarding the SSES to schedule the cleaning and video taping of the manhole inspections. He has also asked for a proposal for interim street maintenance, such as sealing and repairs on Riverglen and Southington.
  2. The Columbus Water Dept. would need an ordinance from the Village to authorize them to collect a surcharge and it would need to include what the rate would be.
  3. The Mayor has asked the Stimulus Funds Committee to look into getting help with money for the sewers.

Report of the Newsletter Editor

  1. The Editor would like copy for the newsletter by March 5th.

Report of the Web Manager

  1. Mike Jones gave the report for the Web Manager. The web site is being reprogrammed and it will be one more week before it is complete. So in the meantime some links may not work.

Report of Parks and Recreation

  1. There was no report.

Report of Stimulus Funds Committee

  1. There was no report.

Report of the Records Retention Committee

  1. The Committee will meet tonight at the conclusion of the Council meeting. Council had no comments regarding the Record Retention Schedule.
  2. The Public Records Policy will need a resolution for Council to approve it. Council had no comments regarding the Public Records Policy.

Comments from Residents on Agenda Items

Don Brogan described the events regarding his property at 35 W. Riverglen Drive that led up to the current litigation. He explained how frustrated he and his wife were with the Village’s actions. This has affected their lives in many ways, including the cost of attorney fees and not being able to sell their lot. He asked Council to resolve this matter now.

Old Business

  1. Cut-through
    The Mayor asked Council if they wanted to do anything about the cut-through and there was no response.

New Business

  1. Retainer Agreement for L. Leah Reibel, Esq.
    McHugh moved and Hamor seconded a motion to approve the Retainer Agreement with L. Leah Reible, Esq. for the Brogan litigation. The following vote was recorded on the motion: Yea, 5; Gordon, Hamor, MacGilvray, McHugh and Noonan: Nay, None. The Motion carried 5-0.
  2. Payment of Bills
    Hamor moved and McHugh seconded the motion to authorize the expenditure of $450 for FEMA. The following vote was recorded on the motion: Yea, 5; Gordon, Hamor, MacGilvray, McHugh and Noonan: Nay, None. The Motion carried 5-0.

    Hamor moved and Noonan seconded the motion to authorize the expenditure of $1880 for L. Leah Reibel’s legal services. The following vote was recorded on the motion: Yea, 5; Gordon, Hamor, MacGilvray, McHugh and Noonan: Nay, None. The Motion carried 5-0.

  3. RESOLUTION NO. 2010-03
    Resolution No. 2010-03, A Resolution to Confirm the Appointment of William Charles as Street Commissioner. The resolution was read by title for its second reading. There was no discussion.
  4. Investment Policy
    The Clerk-Treasurer reported that Star Ohio was paying interest of only 0.03% and she needed to move money to more profitable accounts. However, the current Investment Policy had a limit of $100,000 per financial institution. Since the insurance by FDIC has increased to $250,000, she asked Council if they would increase the limit in the Investment Policy. Hamor moved and MacGilvray seconded a motion to amend the total amount invested with any one financial institution to be no more than the amount that is Federally insured (FDIC). The following vote was recorded on the motion: Yea, 5; Gordon, Hamor, MacGilvray, McHugh and Noonan: Nay, None. The Motion carried 5-0.
  5. Mailbox
    The Clerk-Treasurer explained how the Patriot Act requires a physical address for all financial accounts and many other business dealings. The Village has only a post office box and, therefore, she must use her home address. She would like Council to consider installing a secured locking mailbox on the circle and use 240 W. Riverglen Drive as the Village’s address. For the next meeting she will have more details about the type and cost of mailboxes.

Comments from Residents on Non-Agenda Items

There were no comments on non-agenda items.

Next Meeting Announcement

The next regular meeting will be Monday, March 15, 2010 at 7:00 pm at the Thomas Worthington High School, Room 185.

Adjournment

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

The meeting was adjourned at 8:38 pm.

MARY JO CUSACK, MAYOR

M. COLWELL, CLERK OF COUNCIL