VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
SEPTEMBER 15, 2008

The Council of the Village of Riverlea met on the above date at 215 West Riverglen Drive. 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, Daniel A. McIntyre, Street Commissioner, Lois Yoakam, Newsletter Editor, and Steven W. Mershon, Solicitor. Guests of Council were D. Matthew Burt, Jean I. McMillan and Don Campbell. At 7:30 pm. the Mayor called the meeting to order.

Minutes

08-57

The minutes of the regular Council meeting of June 16, 2008, special Council meeting of July 28, 2008 and special Council meeting of August 18, 2008 were not read since each member had received a copy. Tettenhorst moved and Schaer seconded a motion that the minutes for the three meetings listed above 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

08-58

Schaer moved and Tettenhorst seconded a motion to approve the payment of bills and to accept the financial report for June, July and August of 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 08-019, 08-020 and 08-021.

Report of the Mayor

The Mayor reported that the OSU Airport noise complaints from Riverlea residents are included in the 43085 group. OSU has delayed the next meeting until October and the Dean of Engineering, William Baeslack is leaving. The Mayor wanted Council to know that the Local General Fund is no longer used just for local government, but is now also shared with libraries and schools. AEP sent the Mayor a letter regarding their request for a rate hike of up to 15% per year. Franklin County Board of Health’s mass medication distribution during a public health emergency is primarily for first responders. The Mayor stated that Worthington Fire Department has agreed to handle this for us. The Mayor wanted to express the Village’s appreciation to Local Waste Services for their outstanding service today in collecting yard waste from the wind storm Sunday afternoon. Council members wholeheartedly agreed.

Report of the Solicitor

The Solicitor discussed the proposed findings and orders of the Ohio EPA regarding Riverlea’s sanitary sewers. The Village needs to embark on a process to investigate and upgrade the sewer system within five to seven years. The complexity of the situation requires an outside consultant and Burgess & Niple will provide this service for a fee. The Solicitor will provide two or three new ordinances at each regular Council meeting regarding the Land Use Committee recommendations that Council has requested. The Ordinance 04-2008 needs the date of June 16, 2009 on page 1 and page 2 amended to June 16, 2008.

Report of the Planning Commissioner

In the absence of the Planning Commissioner, the Clerk gave a brief summary of what was approved recently.

Report of the Marshal

The Marshal reported that there were 268 patrol checks in June, 202 patrol checks in July and 219 patrol checks in August. Schaer asked the Marshal to contact the police regarding kids drinking at night in the ravine. He stated that the police need to look down into the ravine to see what is going on. The Mayor also asked the Marshal to remind the police that kids are still gathering at the south end of Olentangy Blvd.

Report of the Street Commissioner

The Street Commissioner submitted a written report to Council for the meeting (see attached report dated September 15, 2008). He reported that the south end of Olentangy Blvd. has not been cleared yet and Tettenhorst said he will contact Arnholt. Because of the water main break, the road near the circle needs major repairs. Tettenhorst thanked the Street Commissioner for all of his work with G & G Cement Contractors for the curb repairs and driveway aprons.

Report of the Newsletter Editor

The Newsletter Editor requested copy for the October Newsletter by October 5th. The Halloween party on October 31st will be included in the newsletter.

Report of the Web Manager

There was no report from the Web Manager.

Report of Parks and Recreation

There was no report of Parks and Recreation

There were no comments from residents on agenda items. A resident asked if there was a decision regarding the litigation on the lot split and was told it was still pending.

Old Business

04-2008

Tettenhorst moved and Zenisek seconded a motion to amend Ordinance 04-2008 as follows: change the date of June 16, 2009 on page 1 and page 2 to June 16, 2008. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0. Ordinance 04-2008, as amended, was given its second reading.

08-59

The Street Commissioner’s written report was discussed. The Mayor stated that Franklin County do their bids for repaving in April and do not recommend replacing the curbs in sections. She felt Riverlea needs the services of an engineer to work on the specifications of the road repairs. Schaer disagreed with the engineers about curb repairs and could show these types of repairs all over the county. The Mayor expressed her concern about street repairs not being done properly and, therefore, wasting money. Council felt limited repairs were not a waste of money but conceded that consulting with an engineer would be prudent. McAlearney, Schaer and Cusack will meet with Burgess & Niple to discuss the road situation and report back to Council at the next meeting. McHugh noted problems with the streets that need to be addressed now with patching. It was agreed to have Decker do the patching again. Tettenhorst moved and McHugh seconded the motion to authorize the expenditure of $1,000 to have Decker repair the streets.

06-2008

Tettenhorst introduced Ordinance No. 06-2008 An Ordinance to Provide for the Further Regulation of Dumpsters and Temporary Storage Facilities in the Village. The Ordinance was read by title for its first reading. There was no discussion.

07-2008

Schaer introduced Ordinance No. 07-2008 An Ordinance to Provide Additional Regulation for the Location of Curb Cuts and Driveways in the Village. The Ordinance was read by title for its first reading. There was no discussion.

New Business

The Mayor asked if there was any interest in a dog park in the Village and Council said no.

The leash law was discussed because of complaints of dogs running loose and owners not in control of their dogs. Council stated that enforcement of the current law is a problem and having a stricter law would not solve anything. McHugh said the problem is with the owners not controlling their dogs. Council decided to revisit this issue at the next meeting after they have had time to think about it and have tried to see how many people do not leash their dogs.

08-60

Schaer moved and Shannon seconded a motion to adopt the City of Worthington’s proposal to remove dead animals from public streets for $25 per call, with the limitations stated within their letter dated September 4, 2008. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

08-61

The Tree Program was discussed. McIntyre reported that he had 11 trees requested but he had not received a quote from Oakland Nursery for the price of a 3″ (trunk) tree planted. Tettenhorst moved and McHugh seconded a motion to authorize the expenditure of $3000 total for the Village’s portion of the cost at $250 per tree for 12 trees maximum. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

2008-13

McHugh introduced Resolution No. 2008-13 Resolution Accepting the Amounts and Rates as Determined by the Budget Commission and Authorizing the Necessary Tax Levies and Certifying Them to the County Auditor. Tettenhorst moved and Schaer seconded a motion to suspend the three readings of Resolution No. 2008-13. 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 Tettenhorst seconded a motion to adopt Resolution 2008-13. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0

08-62

McHugh moved and Shannon seconded a motion to authorize the expenditure of $20 for membership in the Mayor’s Conference. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

08-63

Schaer moved and Shannon seconded a motion to authorize the expenditure of $65 for the Clerk’s participation in the Auditor of State’s continuing education seminar for Village Fiscal Officers and Clerk-Treasurers. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

08-64

Schaer moved and Shannon seconded a motion to authorize the expenditure of $165 for the Mayor to attend the Ohio Municipal League 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.

2008-14

McHugh introduced Resolution no. 2008-14 Resolution to Provide for Entry of an Agreed Order Regarding the Operation and Maintenance of the Sanitary Sewer Collection System Within the Village of Riverlea. Zenisek moved and Shannon seconded a motion to suspend the three readings of Resolution No. 2008-14. 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 2008-14. The following vote was recorded on the motion: Yea, 6; McAlearney, McHugh, Schaer, Shannon, Tettenhorst and Zenisek: Nay, None. The Motion carried 6-0.

08-65

McHugh moved and Schaer seconded a motion to authorize the expenditures of $600.31 for a sewage pump from Grainer and $319.60 from Radico for lift station 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.

Tettenhorst distributed a list of shrubbery/trees obstructing Village streets. He felt the Village was not enforcing existing ordinances and that the Village should pay to have these trimmed after notifying the residents of the problem. Shannon wanted time to look at the list of offenders. Council suggested a tactful letter be sent to all violators with a 20 day notice before the Village trims the shrubs/trees. Tettenhorst will contact Russell Tree Service to get an estimate and will present it at the next Council meeting along with a draft letter to the residents. Council will look at all of the addresses on the list before the next meeting.

08-66

The Mayor will contact Local Waste Services to see if she can schedule a special pick up for the remaining yard waste from Sunday’s wind storm. Schaer moved and McHugh seconded a motion to authorize the expenditure of $1000 for the special waste pick up. The following vote was recorded on the motion: Yea, 5; McAlearney, McHugh, Schaer, Shannon, and Zenisek: Nay, 1; Tettenhorst. The Motion carried 5-1.

There were no comments from residents on non-agenda items.

Next Meeting and Adjournment.

08-67

There being no further business, Tettenhorst moved and Schaer 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 9:35 pm.

MARY JO CUSACK, MAYOR

DAN E. OWENS, CLERK OF COUNCIL