January 21, 2014 Council Meeting Minutes

Regular Council Meeting

January 21, 2014

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 Kirk M. McHugh, Michael D. Blanchard, Jeffery A. Colwell, Scott K. Gordon, Jenny D. Jones, Eric A. MacGilvray, President Pro-Tem, and Jacalyn Slemmer. Also present were Pamela M. Colwell, Clerk-Treasurer, L. Leah Reibel, Solicitor, William P. Charles, Street Commissioner, Karen McElmurray, Marshal, Michael Jones, Planning Commissioner, and Jody Croley Jones, Web Manager. Guests of Council were Josh Mehling and Carolee Noonan. At 7:00 pm the Mayor called the meeting to order.

New Council Members Sworn In

1. Michael Blanchard and Jeffery Colwell were sworn in. Their terms will be from January 2014 through December 2017.

Two Council Vacancies

Executive Session
Gordon moved and Jones seconded the motion to adjourn to Executive Session pursuant to Ohio Revised Code Section 121.22(G)(1) to discuss the appointment, employment or compensation of a public official or employee. The following vote was recorded on the motion: Yea, 4; Blanchard, Colwell, Gordon, and Jones: No; None. The motion was approved 4-0. Council adjourned into Executive Session at 7:06 pm.

Gordon moved and Jones seconded the motion to adjourn out of Executive Session and resume Open Session. The following vote was recorded on the motion: Yea, 4; Blanchard, Colwell, Gordon, and Jones: No; None. The motion was approved 4-0.

Council resumed Open Session at 7:14 pm.

The Mayor appointed, with Council’s approval, Eric MacGilvray and Jacalyn Slemmer to fill the two vacant Council positions and they were sworn in.

Council President

Jeff Colwell nominated Eric MacGilvray as President Pro Tempore of Council and Gordon seconded the motion. The following vote was recorded on the motion: Yea, 5; Blanchard, Colwell, Gordon, Jones and Slemmer: Abstain, 1; MacGilvray: No; None. The motion was approved 5-1-0. MacGilvray was sworn in.

Minutes

1. The minutes of the regular Council meeting of December 16, 2013 were not read since each member had received a copy. The Clerk-Treasurer noted that the Newsletter Editor needed to be added to the attendance. Jeff Colwell moved and MacGilvray seconded the motion that the minutes be approved as submitted by the Clerk-Treasurer. The motion was approved unanimously (6-0).

Report of the Clerk-Treasurer

1. Jones moved and Gordon seconded the motion to approve the payment of bills and to accept the financial report for December 2013 as submitted by the Clerk-Treasurer. The motion was approved unanimously (6-0).

Report of the Mayor

1. The Mayor reported that MORPC has put him in contact with other small villages to discuss how they have dealt with roads and infrastructure financing. He hopes to have one or more of them visit Council to make a presentation on how they accomplished this.
2. The Mayor said he also found out from MORPC that there is funding available for park improvement. He would like to put a small playground on the west end of the Riverglen ravine. Before anything is decided, he would like to investigate this funding and see what is available. Council agreed.

Report of the Solicitor

1. The Solicitor reported she looked into some questions regarding zoning violations but will discuss them under New Business since it is on the agenda.

Report of the Street Commissioner

1. The Street Commissioner reported that the final disbursement request to OPWC has been completed.
2. Burgess & Niple will have the storm water report completed next month. The project came in under budget and they are asking if Council wants to do a capacity analysis. He will report back to Council with the cost estimate.

Report of the Planning Commissioner

1. The Commissioner reported there was no meeting this month.

Report of the Marshal

1. The Marshal reported there were 297 checks with no citations.

Report of the Web Manager

1. The Web Manager reported that there has been a lot of activity with people looking at the meeting minutes as well as the Street Commissioner page and the Planning Commission page.

Comments from Residents on Agenda Items

Old Business

1. Ordinance No. 07-2013
   Ordinance No. 07-2013, An Ordinance Regarding Sewer Taps and Repairs, and Associated Street Repairs was given its second reading.
2. Clerk-Treasurer Appointment
   The Mayor appointed Joshua Mehling as Clerk-Treasurer, effective February 1, 2014, for the unexpired term that will end on March 31, 2016. MacGilvray moved and Jones seconded the motion to approve the appointment. The motion was approved unanimously (6-0).
3. Communications Director
   Jenny Jones stated that she thought there was a conflict of interest to have the job description and pay developed by the only candidate for the job. The Mayor said it was the Committee on Communications that was given the task to define the job and pay, and the candidate happened to be on that committee. Jones said she would like to see appointed positions advertised longer and better descriptions given. She felt that more residents would be involved in the Village if the process was more transparent. The Mayor disagreed and replied that the Village was very transparent but residents needed to make the effort to attend meetings, read the website and newsletter and contact Council with questions. Carolee Noonan stated that she felt there were not enough advertising or job descriptions. Council responded that positions were posted in the Newsletter, on the website and the kiosks and that the Communications Director position description was not given since it has not been adopted but is still being discussed.. Gordon stated that if there was a qualified person in a position, then it was well within the right and duty of Council to reappoint that person and not advertise that position.Council asked the Solicitor if the Web Manager ordinance needed to be changed if the Communications Director responsibilities were added. The Solicitor responded that the Web Manager ordinance was broad enough to allow the duties of the Web Manager to be defined by a resolution.

   Executive Session
   Gordon moved and MacGilvray seconded the motion to adjourn to Executive Session pursuant to Ohio Revised Code Section 121.22(G)(1) to discuss the appointment, employment or compensation of a public official or employee. The following vote was recorded on the motion: Yea, 6; Blanchard, Colwell, Gordon, Jones, MacGilvray and Slemmer: No; None. The motion was approved 6-0. Council adjourned into Executive Session at 8:08 pm.

   MacGilvray moved and Gordon seconded the motion to adjourn out of Executive Session and resume Open Session. The following vote was recorded on the motion: Yea, 6; Blanchard, Colwell, Gordon, Jones, MacGilvray and Slemmer: No; None. The motion was approved 6-0.

   Council resumed Open Session at 8:32 pm.

   Jenny Jones volunteered to handle the production of the Riverlea Quarterly newsletter and will chair the Committee on Communications. Council decided that the Web Manager position will stay as it is and the Communications Director responsibilities will not be added for now.

   MacGilvray introduced Resolution No. 2014-02, A Resolution to Confirm the Appointment of Jody Croley Jones as Communication Director. Colwell moved and Slemmer seconded the motion to amend Resolution No. 2014-02 and replace all references to Communications Director with Web Manager and, in Section 2, remove the reference to Exhibit A and replace with “the terms previously agreed to” and change the compensation from $2,700 to $1,800. The motion was approved unanimously (6-0).

   Jones moved and Slemmer seconded the motion to suspend the three reading of Resolution No. 2014-02, A Resolution to Confirm the Appointment of Jody Croley Jones as Web Manager. The motion was approved unanimously (6-0). Jones moved and MacGilvray seconded the motion to adopt Resolution No. 2014-02. The motion was approved unanimously (6-0).

4. Committee on Infrastructure
   Eric MacGilvray will be the new Chair of the Committee.
5. Committee on Ordinances
   The Mayor announced that the Committee will be inactive for now. The Solicitor will forward the proposed ordinance changes to new Council members and the Planning Commissioner for their review.
6. Committee on Communications
   Jenny Jones will be the new Chair of the Committee.

New Business

1. Ordinance No. 01-2014
   Ordinance No. 01-2014, An Ordinance to Approve a Modification and Realignment of Ordinance 05-2013, The Annual Appropriations Ordinance (Village) was introduced by Jeff Colwell. The Clerk-Treasurer said the change in appropriations is due to the final payment for the 2013 Villagewide Sanitary Sewer project being paid in 2014 instead of 2013. MacGilvray moved and Colwell seconded the motion to suspend the three readings of Ordinance No. 01-2014. The motion was approved unanimously (6-0). Colwell moved and Blanchard seconded the motion to adopt Ordinance No. 01-2014. The motion was approved unanimously (6-0).
2. Resolution No. 2014-01
   Resolution No. 2014-01, A Resolution to Adopt Rules of Council for 2014 and to Provide for Certain Other Organizational Matters was introduced by Jeff Colwell. MacGilvray moved and Slemmer seconded the motion to suspend the three readings of Resolution No. 2014-01. The motion was approved unanimously (6-0). Jones moved and Slemmer seconded the motion to adopt Resolution No. 2014-01. The motion was approved unanimously (6-0).
3. Resolution No. 2014-04
   Resolution No. 2014-04, A Resolution to Confirm the Appointment of William Charles as Street Commissioner was introduced by Jeff Colwell. Gordon proposed that Council review the pay for all appointed positions at the next meeting before confirming the Street Commissioner appointment. Council agreed.
4. Resolution No. 2014-03
   Resolution No. 2014-03, A Resolution to Confirm the Appointment of Carolee Noonan and Robert Davis as Members of the Planning Commission was introduced by Jenny Jones. Jones moved and Slemmer seconded the motion to suspend the three readings of Resolution No. 2014-03. The motion was approved unanimously (6-0). Jones moved and Colwell seconded the motion to adopt Resolution No. 2014-03. The motion was approved unanimously (6-0).

   Jacalyn Slemmer resigned her position on the Planning Commission, so there will be a vacant position for the remainder of her term to December 31, 2015. The Mayor said he will look for someone to fill the vacancy.

5. Planning Commissioner Appointment
   The Mayor appointed Michael Jones as Chair of the Planning Commission for 2014.
6. Zoning/Building Violations
   The Marshal reported she received a complaint from a resident on Riverglen that a car was parked in the next door neighbor’s driveway with a flat tire and never moved. The Marshal asked the Solicitor for guidance. The Solicitor said this case does not fit the definition of an abandoned vehicle and there is nothing in the ordinances that would apply to this specific case. Council asked the Marshal to tell the resident that nothing can be done.
   The Planning Commissioner has received a complaint from a resident on Crescent regarding a shed built near the property line next to them. The Commissioner said he looked at the shed and noted that the only violation he could see was the poured concrete under the shed, which lacked a Certificate of Appropriateness for the lot coverage increase. It looked like the shed was not attached to the concrete and, therefore, the shed itself was not in violation. Council expressed their desire to make residents follow the rules and procedures but there was some question as to the shed owner’s interpretation of the ordinances. Council said the owner may have thought they did not need a COA.
7. Expenses
   $39.99 – Reimburse Clerk-Treasurer office supplies, stamps and postage
   $800.00 – MORPC 2014 dues
   $209.16 – Fireproof Records storage
   $349.57 – OH BWC premium
   $175.00 – Clerk-Treasurer training
   $400.00 – Josh Mehling for Clerk-Treasurer expenses (if necessary). The copier may need servicing and some software may need updating. There may be other expenses in setting up an office.

   The motion was approved unanimously (6-0).

8. Marshal Appointment
   The Mayor appointed Karen McElmurray as Village Marshal.

Comments from Residents on Non-Agenda Items