October 19, 2009 Council Meeting Minutes

VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
OCTOBER 19, 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, Kirk M. McHugh, John A. Schaer, Renee Shannon, Rodney Tettenhorst and Paul J. Zenisek. Also present were Pamela M. Colwell, Clerk-Treasurer, Steven W. Mershon, Solicitor, William Charles, Street Commissioner, Lois Yoakam, Newsletter Editor, and Michael Jones, Planning Commissioner. Guests of Council were those listed on the attached sheet. At 7:00 pm the Mayor called the meeting to order.

Minutes

1. The minutes of the regular Council meeting of August 17, 2009 were not read since each member had received a copy. Zenisek moved and Schaer seconded a motion that the minutes be approved 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.
2. The minutes of the regular Council meeting of September 21, 2009 were not read since each member had received a copy. Tettenhorst 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, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

Clerk-Treasurer Report

1. The Clerk-Treasurer reported that the Village received $5,282 from estate taxes.
2. Schaer moved and Shannon seconded a motion to approve the payment of bills and to accept the financial report for September 2009, 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 09-016.

Report of the Mayor

1. The Mayor received a copy of the police report for September and there was another resident complaint about noise. Council may want to discuss this issue at some point.
2. The OSU Airport meeting is the same night as the Candidates Night.
3. Halloween night is October 29th and she hopes to see everyone at the Halloween party.
4. Candidates Night is October 27, 2009.
5. The Mayor was disappointed about the late notification of the Landmarks Foundation Walking Tour for the Village. It would have been nice to be able to prepare and promote it.
6. She has received requests for the Village to endorse political issues. In the past Council has chosen to not endorse any issues outside of the Village.
7. The Mayor voted no on the MORPC resolution to help develop a balanced growth plan for the Olentangy River watershed. She asked to be on the steering committee. She will send the proposed resolution to residents on the river.
8. MORPC Green Pact is a good idea but there is not much opportunity in the Village to participate.
9. The Mayor felt that the Columbus Dispatch editorial regarding Do Not Knock ordinances is absurd. The Village soliciting ordinance was not too restrictive and residents should continue to post No Soliciting signs if they want.
10. Council has been provided copies of the correspondence regarding Certificate of Appropriateness concerns for their information.

Report of the Solicitor

1. The Solicitor said that since his report covers the topics being discussed at this meeting, he will make his comments during those discussions.

Report of the Planning Commissioner

1. The Commissioner reported there were two applications last month for a Certificate of Appropriateness that were approved and two applications for variances that were approved.
2. The resident at 105 West Riverglen is doing maintenance regarding a flagstone walk and patio. He has no idea what the concrete block will be used for.
3. The Mayor asked if the driveway apron requirement should be put on hold until a decision is made regarding the streets and curbs. The Commissioner and Council had no objection. She will send a letter to the residents who are in violation noting their violation but telling them we are putting the installation of aprons on hold for the moment because of the streets and curbs future improvements.

Report of the Marshal

Report of the Street Commissioner

Report of the Newsletter Editor

Report of the Web Manager

Report of Parks and Recreation

Report of Stimulus Funds Committee

Report of Solar Committee

Comments from Residents on Agenda Items

Old Business

Report of Burgess & Niple

1. Street Evaluation and Improvement Program
   The Street Commissioner gave his comments to Burgess & Niple. He asked for more detailed costs for the option of full depth replacement of the street. He pointed out that in the initial phase the whole village will need to be surveyed to determine the elevation and slope needed for proper drainage. Some streets will need to be raised, others lowered or maintained at the same elevation.

   In the back of the report they reference OPWC programs including a 5-year capital improvements plan and the Commissioner asked them to extend it to a 10-year plan for the entire program. This will enable residents to see the bottom line for the cost of this program.

   To address the current condition of the streets, he will meet with Louis McFarland of Burgess & Niple to discuss repairing the cracks and potholes before winter sets in. He would like to use American Pavements for this since they are highly recommended and they use spray polymer asphalt for cracks. This is a very efficient crack seal. The potholes will be filled as usual with asphalt.

   Schaer moved and Shannon seconded a motion to authorize the expenditure of up to $10,000 to repair the cracks and potholes. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

2. Insurance Plans – Due to ongoing legal actions, the Mayor and Clerk-Treasurer felt staying with the current insurer OML would be prudent. Council agreed but requested that the Clerk-Treasurer get a quote from OML to make sure the amount would not be too high. The Clerk-Treasurer will get a quote before the next Council meeting.
3. ORDINANCE NO. 07-2009
   Ordinance No. 07-2009, An Ordinance to Establish the Office and Duties of a Marshal in the Village. The Ordinance was read by title for the second reading. No comments were made
4. ORDINANCE NO. 08-2009
   Ordinance No. 08-2009, An Ordinance Enacting and Adopting a Supplement to the Code of Ordinances for the Village of Riverlea, Ohio. The Ordinance was read by title for the second reading. The Solicitor had reviewed the supplement and found no problems with it

New Business

1. Sanitary Sewer repair on Riverglen – Schaer moved and McAlearney seconded a motion to authorize the expenditure of up to $7,000 to The Waterworks for the repair. 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 asked that residents notify the Street Commissioner of any water line replacement or repair in order to try to prevent damage to the sewers.
2. American Legal Publishing – There was some discussion about the cost of the codification of ordinances. Council stated they were led to believe the annual cost of updating would be around $500. The Clerk-Treasurer reported that cost this year was $4,035.63 but after contacting American Legal Publishing, who was sympathetic to the Village’s size and resources, they reissued the invoices for $2,557 for a generous savings of $1,478.63. The Solicitor explained that much of the cost has to do with Ohio ordinances that have changed, especially the traffic code. We will need to review the need for this to see where cuts can be made to save costs. The cost of the Folio may be eliminated since few use it. Next year the Clerk-Treasurer will work with the Solicitor, Council and American Legal Publishing to re-evaluate the services and to get an estimate before submitting new ordinances. Schaer moved and McAlearney seconded the motion to authorize the expenditure of up to $2,757 for the codification of ordinances and the use of the internet version of the code. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
3. ORDINANCE NO. 09-2008
   Tettenhorst introduced Ordinance No. 09-2008, An Ordinance to Clarify the Requirements for the Maintenance of Certain Fences, Hedges and Shrubs in the Village. The Resolution was read by title for the first reading.
4. RESOLUTION NO. 2009-16
   Tettenhorst introduced Resolution No. 2009-16, A Resolution to Confirm the Appointment of Jo Ann Bierman as a Member of the Planning Commission. The Ordinance was read by title for the first reading. The Mayor stated she is pleased to appoint Jo Ann Bierman, a long time resident of the Village and an active participant in Village matters. Bierman also served on the Land Use Committee.

   The Mayor stated that two positions on the Planning Commission will expire at the end of this year. Keith Beachler and Jody Jones have asked to not be reappointed. Jody Jones has been on the Planning Commission at least since 1993 with no pay. She has a Master’s Degree in architecture. The Mayor expressed her concerns about the complaints concerning a husband and wife on the Planning Commission. She believes spouses are capable of acting independently and those complaining are unhappy with the decisions more than the fact there are spouses and have raised a red herring with the spouse argument. Jones has lived in Riverlea all of her life and thinks enough of the Village to ask not to be reappointed due to the fact that her presence on the Planning Commission has become polarizing. The Village owes her a great deal of gratitude for all of the years she has so graciously served.

5. RESOLUTION NO. 2009-17
   Schaer introduced Resolution No. 2009-17, A Resolution to Confirm the Appointment of Kent M. Shimeall as the Village Marshal. Zenisek moved and Schaer seconded the 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 the motion to adopt

   . The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.
6. Swearing in of the Marshal – Kent M. Shimeall took the oath of office.

Comments from Residents on Non-Agenda Items

Next Meeting

Adjournment

MARY JO CUSACK, MAYOR

DAN E. OWENS, CLERK OF COUNCIL