VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
JANUARY 20, 2009

The Council of the Village of Riverlea met on the above date at 275 West Southington Avenue. The following Council members were present: Mayor Mary Jo Cusack, John S. McAlearney, Kirk M. McHugh, John A. Schaer, Renee Shannon, Rodney Tettenhorst and Paul J. Zenisek. Also present were Pamela M. Colwell, Clerk-Treasurer, Lois Yoakam, Newsletter Editor Steven W. Mershon, Solicitor, Dr. Norris, Jim and Karen McElmurray, Debbie Dalton, Don and Lyn Griffith, Marcia Sidenstick, Debra Young, Gary Cooper, Deb Barman, Frank Stroebel, Sue and Robert Ranck, Ladan Williams and Mary McHugh. At 7:35 p.m. the Mayor called the meeting to order.

Election of Council President

09-01

Tettenhorst nominated John A. Schaer for Council President Pro Tem and Shannon seconded the nomination. There being no additional nominations, the Mayor closed the nominations and called for a vote to confirm John A. Schaer as Council President Pro Tem. The following vote was recorded on the confirmation: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. The Mayor administered the oath of office to Schaer.

Rules of Council

09-02

Tettenhorst moved to adopt the rules of Council and McHugh seconded the motion. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

Minutes

09-03

The minutes of the regular Council meeting of December 15, 2008 were not read since each member had received a copy. McHugh moved and Shannon seconded a motion that the minutes be approved as submitted by the Clerk-Treasurer. The following vote was recorded on the confirmation: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

Clerk-Treasurer Report

09-04

Tettenhorst moved and Schaer seconded a motion to approve the payment of bills and to accept the financial report for December 2008, as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. See Board Referral File number 09-003.

Report of the Mayor

The Mayor referred to her State of the Village report that was printed in the Newsletter. She thought McHugh’s idea of Council making a long range plan for the Village was a good idea. She is still working on the OSU Airport situation and asking residents’ assistance. She has not had a chance to talk with AEP yet regarding the power outages. MORPC is working with the Federal, State and Local officials on the American Recovery and Reinvestment Plan stimulus proposals and its potential impact on funding for infrastructure. Riverlea is listed on the Central Ohio Stimulus Package Projects for funds to repair streets and curbs and infrastructure. The Halloween resolution for MORPC was delayed until next month. The Ohio Municipal League is hosting a luncheon on April 1st honoring the members of the General Assembly and the Mayor recommended that Council attend. She did not have time to look into the surveying of Rush Run Park but resident Barman said that was for the sewers. The Mayor will try to get more information for the next meeting. It has been noticed by Riverlea officials that many houses in the Village do not have house numbers that can be easily seen and it may be a problem in an emergency. In the Newsletter she referred residents to the Worthington Fire Department’s website for house number information.

Report of the Solicitor

At the Mayor’s request the Solicitor brought alternative provisions for the dog leash ordinance that relates to penalties. He also brought two resolutions so the Mayor could sign the contracts from Burgess & Niple regarding the EPA SSES and street evaluation and improvement. The Solictor discussed the Ohio EPA November 2008 letter regarding the storm sewer permit questions from about 5 years ago. He is working with Schaer to resolve the matter. Correspondence from a resident regarding a sign was brought to his attention and he reminded Council that they needed approval before taking any action. He asked Council how they wanted to handle a resident’s request for the Village to maintain the two foot easement behind his property. The neighbor behind him has stacked wood on the easement next to his wood fence and he wants the Village to make him remove it. Council decided they do not want to take responsibility for maintaining the easement. It is the resident’s responsibility. After some discussion, the Mayor will ask the resident if he has a survey of his property and then suggest the resident take that information to his neighbor and work it out.

Report of the Planning Commissioner

There was no report of the Planning Commissioner. There was no Planning Commission meeting in January.

Report of the Marshal

The Marshal reported there were 247 traffic checks, with no warnings or citations. There were five complaints with no reports. He asked the Worthington Police why the traffic checks are being reduced and was told the reason for the reduction is because officers are not recording their patrol checks. There was some discussion about enforcement of traffic laws. The Marshal asked how Council wanted the police to enforce the laws. The Solicitor pointed out that the stop signs on Southington do not comply with the Ohio Manual of Uniform Traffic Control Devices since there is not much traffic there and stop signs are not supposed to be used for speed control. He suggested that the Village discuss with its engineer whether the signs are “permitted” under the Ohio Manual. The Ohio Attorney General has given the opinion that a Village may maintain traffic control devices that do not comply with the Ohio Manual, and this opinion has been reviewed with the Worthington Police Department for enforcement. But if the traffic control device is permitted under the Ohio Manual, the Village may be immune from liability for placement of the signs if someone has an accident there. After some discussion Council decided they did not want the police to sit and watch for violators but wanted the police to treat Riverlea streets the same as they do Worthington streets and ticket when they see a violation.

The Marshal reminded everyone that residents need to call the police when they see people parking at the south end of Olentangy Blvd. and going into the park. There has been known illegal drug activity there.

Report of the Street Commissioner

The Street Commissioner issued a written report for Council. He also gave his resignation as of January 21, 2009.

Report of the Newsletter Editor

The Newsletter Editor requested copy for the February Newsletter by February 5. She thanked everyone for helping to distribute the directories. Council thanked her for her hard work on them.

Report of the Web Manager

There was no report of the Web Manager.

Report of Parks and Recreation

There was no report of Parks and Recreation.

Report on the Relocation of Council Meetings

Zenisek and Tettenhorst looked into locations to hold the monthly Council meetings. It was determined that the Council members’ homes were too small to accommodate all Council meeting attendees. Residents and officials have had a hard time hearing and seeing each other, as well as not having enough seating. There was also the issue of liability if someone would get hurt while attending a meeting. Zenisek and Tettenhorst compiled a list of possible meeting places and presented it to Council. After some discussion, Council chose the Worthington United Methodist Church at 600 High Street as the best place to hold meetings. The cost is $25 per meeting. Zenisek and Tettenhorst will meet with the Church to obtain permission to hold Riverlea’s monthly regular Council meetings there.

Comments from Residents on the Proposed Leash Law Ordinance 10-2008

Dr. Norris is a local veterinarian who came to support the ordinance. He stated that many people fear dogs and should not be subjected to dogs running loose. Using a leash also makes the dog safer.

Williams complained of not seeing anything about the ordinance until she received the Newsletter. She wanted to know how it would be enforced. She was against the ordinance.

Sue Ranck stated that this law would make dogs safer and provide other benefits to the community. She submitted a letter from a veterinarian stating that using a leash was best for both dog and owner. She is for the ordinance

Frank Stroebel was fine with the ordinance but wanted Council to look at all kinds of leashes.

Cooper came to the meeting to find out what is included in the ordinance. He has a hard time controlling his dogs on a leash when a loose dog comes up to them.

Barman felt the current law needs to be updated but she is not happy with this ordinance.

Don Griffith said a leash law was necessary and required.

Young is against the ordinance.

Dalton felt Dr. Norris does not live here and has no right to express his opinion. She feels there are other more important issues that need to be addressed before this ordinance.

Sidenstick stated that the original ordinance needs to be revised and that those for the new ordinance only represent a few people. She complained of not having the ordinances posted so people could read them. She is against the ordinance.

McElmurray wanted to know how many people complained about dogs running loose and why Council proposed this ordinance. He submitted a petition he gathered and asked Council to reconsider the ordinance.

Baker stated she was against this ordinance. She feels this ordinance is unnecessary and that we have a law that is good enough. She said this ordinance could have a negative impact on the Village.

The Mayor thanked the residents for their opinions.

Old Business

10-2008

Tettenhorst moved to adopt Ordinance No. 10-2008, An Ordinance to Further Regulate Dogs Running at Large Within the Village. There was no second. Ordinance No. 10-2008 failed to pass.

New Business

The Solicitor distributed a draft ordinance to clarify the permitted uses of single family residential property in the Village. Council will review this for the meeting next month

2009-04

Schaer introduced Resolution No. 2009-04, A Resolution to Provide Legal Counsel for the Village of Riverlea. Schaer moved to suspend the three readings and McHugh seconded the motion. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. Schaer moved to adopt Resolution No. 2009-04 and Zenisek seconded the motion. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

2009-05

Schaer introduced Resolution No. 2009-05, A Resolution to Provide for Obtaining Engineering Services by the Village of Riverlea. There was no discussion. Schaer moved to suspend the three readings and Zensisek seconded the motion. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. McHugh moved and Schaer seconded a motion to adopt Resolution No. 2009-05. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

2009-06

Schaer introduced Resolution No. 2009-06, A Resolution to Provide for Engineering Services to Support a Sanitary Sewer Evaluation Study. There was no discussion. Schaer moved to suspend the three readings and McHugh seconded the motion. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. McHugh moved and Schaer seconded a motion to adopt Resolution No. 2009-06. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

2009-02

McHugh introduced Resolution No. 2009-02, A Resolution Authorizing the Mayor to Enter into a Contract with the City of Columbus for Legal Representation in Certain Criminal and Traffic Cases. There was no discussion. Zenisek moved and Tettenhorst seconded a motion to suspend the three readings. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. Schaer moved and Tettenhorst seconded a motion to adopt Resolution No. 2009-02. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

2009-07

McHugh introduced Resolution No. 2009-07, A Resolution to Confirm the Appointment of Mike Jones as a Member of the Planning Commission. There was no discussion. Zenisek moved to suspend the three readings and McHugh seconded the motion. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. Schaer moved and Tettenhorst seconded a motion to adopt Resolution No. 2009-07. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

2009-08

McHugh introduced Resolution No. 2009-08, A Resolution to Confirm the Appointment of William Charles as Street Commissioner. Schaer moved to suspend the three readings and McHugh seconded the motion. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. Schaer moved to amend the date of April 1 in two places to January 21 and McHugh seconded a motion to amend Resolution No. 2009-08. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. McHugh moved and Schaer seconded a motion to adopt Resolution No. 2009-08. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

Park Maintenance Bids

09-05

Council discussed the bids received from The Arnholt Group and Pharazyn Landscaping. Both were about the same price. Tettenhorst moved to accept the Pharazyn bid and Zenisek seconded the motion. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. Zensiek mentioned there were items in the Pharazyn bid regarding the irrigation system that will need to be removed since the irrigation system is no longer in use. The Mayor will notify Pharazyn of this.

Tettenhorst wanted to discuss an item from the Land Use Committee Recommendations regarding house paint colors. The Committee wanted a palette of exterior paint colors to be approved by Council. Council wants the Planning Committee to choose the palette and present them to Council for approval. The Mayor will ask the Planning Committee to do this.

2009-03

McHugh introduced Resolution No. 2009-03, A Resolution to Adopt Rules of Council for 2009 and to Provide for Certain Other Organizational Matters. Tettenhorst moved and Zenisek seconded a motion to suspend the three readings. The following vote was recorded on the motion: Yea, 5; McAlearney, McHugh, Shannon, Tettenhorst and Zenisek: Nay, 1; Schaer. The Motion carried 5-1. McHugh moved to amend the location of meetings to Worthington United Methodist Church and Zenisek seconded the motion to amend Resolution No. 2009-03. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. McHugh moved and Zenisek seconded a motion to adopt Resolution No. 2009-03. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

McHugh brought up the question of transparency in Village operations. Council felt it was important to get the ordinances and resolutions online and try to post at least the titles on the kiosks. The Mayor will contact the Web Manager regarding this.

Schaer will contact Local Waste Services to see if they are willing to schedule a special pick up for TV’s. If they are not, he will try to find someone to do this.

McHugh wants to draft a letter to residents to explain the situation with street maintenance and repair. McAlearney and Colwell will assist him with this.

Next Meeting and Adjournment.

The Mayor announced that the next regular meeting of Council will be held on February 17, 2009 at 7:30 p.m. at Worthington United Methodist Church 600 High Street.

08-79

There being no further business, Tettenhorst moved and Zenisek seconded a motion to adjourn the meeting. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. The meeting was adjourned at 10:15 pm.

MARY JO CUSACK, MAYOR

DAN E. OWENS, CLERK OF COUNCIL