Village of Boston Heights: Council Meeting July-2003

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VILLAGE OF BOSTON HEIGHTS
45 E. Boston Mills Road
Hudson, OH 44236

REGULAR COUNCIL MEETING - July 9, 2003 - 8:00 P.M.

AGENDA
[and Editor's Notes on Council Meeting]

ROLL CALL

*[All council members were present; also present were Mayor Ray McFall, Clerk-Treasurer Carol Zeman, Engineer Steve Schreiber & Solicitor Russ Pry.]

PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
MINUTES PRESENTED FOR CHANGE, CORRECTION OR ADOPTION

*[The Mayor pointed out a minor error in the minutes, which was corrected. The minutes were then approved.]

CORRESPONDENCE

*[Mayor McFall commended the village's road crews for their service during the recent heavy rains and thunderstorms. He noted that, among other things, they had responded to flooding in the Wooded View subdivision.]

AUDIENCE PARTICIPATION

*[Mrs. Sandra Buckey, of 160 W. Hines Hill Rd., asked for an update on progress is resolving the flooding problem noted by Engineer Schreiber in April, and in subsquent meetings. She stated that the flooding, said to be due to a culvert now blocked on the "Canale property" (240 W.Hines Hill), was worse than ever. Engineer Steve Schreiber replied that he was formulating a proposal for an easement to restore the culvert drainage; Solicitor Russ Pry stated that he would negotiate with the owner (or his lawyer) to obtain such an easement, as soon as the engineering work was completed. Mr. Pry noted that the Canales' lawyer had assured him that they were willing to negotiate a solution to the problem.]
*[Mr. Ed Chessar, of 6400 Wooded View Drive, remarked on the recent flooding in his neighborhood, partly due to blocked catchbasins. He opined that the roadway was improperly pitched, and tended to collect water rather than promote proper runoff.]
*[Mr. Steve Macri, of 235 W. Hines Hill Rd. (in this same area), complained of his flooded basement, which was the first time in 6 years of residency. He estimated $15,000 in damages.]
*[Mr. Kevin Lightner, of 195 W. Hines Hill Rd., gave his observations on the drainage problems in this same area. There was further discussion among the neighbors and Engineer Steve Schreiber, who noted that there had been unusually heavy rainfall that would tax any drainage system.]
*[Mr. Jeffrey Lorenz, of 5940 Akron-Peninsula Rd., reported that there were several large and rotten trees menacing the utility lines along that road. After some discussion, it was guessed that this might be the National Park's problem, and so Clerk-Treasurer Carol Zeman promised to contact the Park administration.]

ORDINANCE I-2003
[Approved as Ordinance 10-2003]
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF BOSTON HEIGHTS CODIFIED ORDINANCES TO ADD A NEW CHAPTER 1177 REGULATING THE REMOVAL OF TREES AND TIMBER FROM PROPERTY AND THE EXCESSIVE PRUNING OF TREES AND TIMBER FROM PROPERTY. SECOND READING.

[Councilor Mike Cheung's motion to suspend the rules succeeded 5-1, with Councilor Jim Hudson objecting. Note that the language of the ordinance was modified from the version presented at last month's public hearing; see the Planning Commission meeting of 2 July 2003. The modified ordinance (which had been recommended by the Planning Commission), was approved 5-1, again with Councilor Hudson objecting.]
[Click here for the Trees and Timbering Ordinance.]

ORDINANCE J-2003
[Approved as Ordinance 11-2003]
AN ORDINANCE AMENDING THE 2003 APPROPRIATION ORDINANCE (ORDINANCE 6-2003) AND DECLARING AN EMERGENCY.

ORDINANCE K-2003
[Approved as Ordinance 12-2003]
AN ORDINANCE AMENDING CHAPTER 903 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND DECLARING AN EMERGENCY.

[Solicitor Pry explained that this modification to CO 903.01(c) would now allow the Street Commissioner to determine how much of a driveway entrance shall be governed by the requirement to use aggregate or asphalt only (not concrete). This was in response to the objections voiced by Ashbrooke residents last month and at the most recent Finance Committee meeting.]

ORDINANCE L-2003
[Approved as Ordinance 13-2003]
AN ORDINANCE AMENDING CHAPTER 183, TAXATION, SECTION 183.03, "IMPOSITION OF TAX," AND SECTION 183.06, "COLLECTION AT SOURCE," TO PROVIDE AN INCREASE IN THE TAX LEVIED ON INCOME FROM ONE AND ONE-HALF PERCENT TO TWO PERCENT, SUCH INCREASE BEING EFFECTIVE JANUARY 1, 2004, FOR THE PURPOSES PROVIDED IN SECTIONS 183.01 AND 183.12 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS, AMENDING CHAPTER 183, "TAXATION," SECTION 183.04, "EFFECTIVE PERIOD," TO ESTABLISH THE EFFECTIVE PERIOD FOR THE INCREASE IN THE INCOME TAX RATE, AND AMENDING CHAPTER 183, "TAXATION," SECTION 183.12, "ALLOCATION OF FUNDS," TO PROVIDE THAT THE INCREASED REVENUES DERIVED FROM THE INCREASE IN THE INCOME TAX RATE BE USED SOLELY FOR CAPITAL IMPROVEMENT PURPOSES OF THE VILLAGE, AND DECLARING AN EMERGENCY.

[This was the result of a discussion at the recent Finance Committee meeting where the Council members all seemed to think that more funds were required for capital improvements. The notion of reducing the reciprocity percentage from 100% was swiftly dismissed, apparently for reasons of political discretion. The proposed tax increase of 1/2% would be earmarked for capital improvements, and would (supposedly) be levied from 2004 through 2008.
See also Resolution S-2003 below, which calls for the required public election on this question.]

ORDINANCE M-2003
[Approved as Ordinance 14-2003]
AN ORDINANCE APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS [AND] DECLARING AN EMERGENCY.

[The Village contracts with Walter H. Drane Co. to consolidate and publish changes to the village codes, once a year. This ordinance approves the publishing of changes made in year 2002, as "2003 Revision" pages in the Codified Ordinances.]

RESOLUTION R-2003
[Approved as Resolution 18-2003]
A RESOLUTION APPROVING THE NEW ENGINEERING RATES FOR THE VILLAGE ENGINEER FROM THE VILLAGE OF BOSTON HEIGHTS FOR THE REMAINDER OF CALENDAR YEAR 2003.

[Engineer Steve Schreiber's firm, Adache Ciuni Lynn Associates, has raised the rates from their year 2000 levels. For example, the Village Engineer charged $74/hour, and will now charge $78/hour. Other services provided by ACLA also saw ~ 4.9% increases.]

RESOLUTION S-2003
[Approved as Resolution 19-2003]
[A] RESOLUTION DECLARING THE NECESSITY OF AN ELECTION ON THE QUESTION OF APPROVING THE PASSAGE OF AN ORDINANCE TO AMEND SECTIONS 183.03, 183.06, 183.04, AND 183.12 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS IN ORDER TO INCREASE THE INCOME TAX RATE FROM ONE AND ONE-HALF PERCENT TO TWO PERCENT BEGINNING JANUARY 1, 2004, AND ENDING ON DECEMBER 31, 2008 FOR THE PURPOSES PROVIDED IN SECTIONS 183.01 AND 183.12 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND PROVIDING THAT THE INCREASED REVENUES DERIVED FROM THE INCREASE IN THE INCOME TAX RATE BE USED FOR CAPITAL IMPROVEMENT PURPOSES OF THE VILLAGE OF BOSTON HEIGHTS.

[See Ordinance L-2003, above.]

RESOLUTION T-2003
[Approved as Resolution 20-2003]
A RESOLUTION ACCEPTING THE BID OF KARVO PAVING FOR...

[This was not on the meeting agenda... see New Business, below.]

COMMITTEE REPORTS

*[Council P-PT Bill Goncy stated that he had reviewed the Village's bank reconciliation for May 2003, and the Mayor's Court reconciliation for May 2003.]

*[Councilor Mike Cheung reported on the Planning Commission and Board of Zoning Appeals meeting of 2 July 2003. He noted that the next meeting would be on 6 August 2003. There was the usual race to calculate this date before Dr. Cheung could look it up on his Palm Pilot.]

*[Councilor Cheung did not make his usual statement about review of the village's financial statements.]

*[Councilor Jim Hudson stated that he had no report, presumably from the Streets and Highways Committee.]

*[Councilor Terry Slane reported that she had reviewed the Village's expenditures through June 2003.]

*[Councilor Slane further reported that the Safety 2 Committee had met and further discussed a proposal for a "first responder" program by the Fire Department. She also noted that a recent collision had heavily damaged one of the Village's fire truck, albeit without injuries. Other communities are helping to fill in via mutual response agreement.]

*[Mayor Ray McFall asked Mr. William Hinkle, one of the Village's delegates to its Tax Incentive Review Council, to report on its recent meeting. Click here for a summary of the 2003 TIRC meeting. Solicitor Pry stated that he would review the TIRC proceedings, presumably to determine whether action by Council was advised.]

*[Clerk-Treasurer Carol Zeman noted that the 2004 budget was available for review at the Village Hall. Ohio HB129 had allowed Summit County to waive the usual public hearing on the village's budget.]

*[Engineer Steve Schreiber stated that the Village had applied for State Issue 2 funds for the long-proposed water mains project, for the northwest portion of the village. It also seems that Dino Disanto, from Congressman LaTourette's office, had provided some contacts that might lead to a 20% grant for the project. Mr. Schreiber also briefly recapped the flooding problems discussed above. He stated that the new restrooms in the Village Hall and Police Station were giving continual problems, and that he would be reviewing the project with the architect.]

*[Engineer Schreiber reported on the proposed road improvements:
... Bids were received in response to last month's solicitation (see June's Ordinance M-2003). The bids were in excess of $500,000. He noted that no bids packages had been claimed by 30 June, and that the Village had to directly solicit bids, which were finally received by 9 July 2003.
... Council P-PT Bill Goncy suggested that not all contingencies would be required, particularly the proposed reduction of the Colesbrooke cul-de-sac island.
... Mr. Goncy noted that some residents of Ashbrooke West had consulted another roadway engineer, who had sent a letter to Council proposing a different and cheaper repair to the roadway damage on Colesbrooke Drive. Mr. Goncy debated with this engineer over various drainage and paving issues.
... Various Ashbrooke residents objected to the (in their view) unnecessary excavation and replacement of driveway aprons, culverts and ditches. Engineer Schreiber stated that his firm's proposal restored the original drainage design for Colesbrooke. There was some debate about whether this was really necessary. Mr. Scheiber stated that he could review the matter if so requested by Council. Councilor Terry Slane noted that Ashbrooke residents had at several points called for "fixing the problem right" and for visual continuity along the roadway. There was a lengthy debate on this topic, with Engineer Schreiber noting that the roadway was to be raised about 5 inches, and Ashbrooke's engineer suggesting that the bulk of the problem could be solved by use of a Geo-Grid fabric and thicker pavement.]
... Councilor Mike Cheung suggested that Council move to accept the less controversial bids, for repair of Olde 8 Road, Brandywine and E. Boston Mills Road. C-T Zeman noted that these totalled almost $300,000; since the village had only $150,000 in the road repair fund, the Village would need to get a loan.]

OLD BUSINESS

NEW BUSINESS

*[In response to Dr. Cheung's suggestion, above, Solitor Pry swiftly composed Resolution T-2003, which accepted the bids of Karvo Paving for bid packages C,D and E:
(C) Olde 8 Road @ $216,225; (D) Brandywine Road @ $30,059; (E) E. Boston Mills Road @ $36,603 for a total of $282,987.
This was approved as Resolution 20-2003.]

*[In accordance with the recommendation of the Fire Chief, Mayor McFall appointed Jeff Acomb to the Boston Heights Fire Department. Mr. Acomb is a trained firefighter, EMT and fire inspector.]

ADJOURN

[Signed...]
CAROL ZEMAN, Clerk-Treasurer

Some documents are Public Domain Information from the Village of Boston Heights OH or other public entities.
Other materials Copyright 2001-2003 W.J.Hinkle and BostonHeights.Org
Boston Heights Overlook and BostonHeights.Org are not affiliated with the Village of Boston Heights OH.

ORDINANCE I-2003 [Approved as Ordinance 10-2003]	AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF BOSTON HEIGHTS CODIFIED ORDINANCES TO ADD A NEW CHAPTER 1177 REGULATING THE REMOVAL OF TREES AND TIMBER FROM PROPERTY AND THE EXCESSIVE PRUNING OF TREES AND TIMBER FROM PROPERTY. SECOND READING. [Councilor Mike Cheung's motion to suspend the rules succeeded 5-1, with Councilor Jim Hudson objecting. Note that the language of the ordinance was modified from the version presented at last month's public hearing; see the Planning Commission meeting of 2 July 2003. The modified ordinance (which had been recommended by the Planning Commission), was approved 5-1, again with Councilor Hudson objecting.] [Click here for the Trees and Timbering Ordinance.]
ORDINANCE J-2003 [Approved as Ordinance 11-2003]	AN ORDINANCE AMENDING THE 2003 APPROPRIATION ORDINANCE (ORDINANCE 6-2003) AND DECLARING AN EMERGENCY.
ORDINANCE K-2003 [Approved as Ordinance 12-2003]	AN ORDINANCE AMENDING CHAPTER 903 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND DECLARING AN EMERGENCY. [Solicitor Pry explained that this modification to CO 903.01(c) would now allow the Street Commissioner to determine how much of a driveway entrance shall be governed by the requirement to use aggregate or asphalt only (not concrete). This was in response to the objections voiced by Ashbrooke residents last month and at the most recent Finance Committee meeting.]
ORDINANCE L-2003 [Approved as Ordinance 13-2003]	AN ORDINANCE AMENDING CHAPTER 183, TAXATION, SECTION 183.03, "IMPOSITION OF TAX," AND SECTION 183.06, "COLLECTION AT SOURCE," TO PROVIDE AN INCREASE IN THE TAX LEVIED ON INCOME FROM ONE AND ONE-HALF PERCENT TO TWO PERCENT, SUCH INCREASE BEING EFFECTIVE JANUARY 1, 2004, FOR THE PURPOSES PROVIDED IN SECTIONS 183.01 AND 183.12 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS, AMENDING CHAPTER 183, "TAXATION," SECTION 183.04, "EFFECTIVE PERIOD," TO ESTABLISH THE EFFECTIVE PERIOD FOR THE INCREASE IN THE INCOME TAX RATE, AND AMENDING CHAPTER 183, "TAXATION," SECTION 183.12, "ALLOCATION OF FUNDS," TO PROVIDE THAT THE INCREASED REVENUES DERIVED FROM THE INCREASE IN THE INCOME TAX RATE BE USED SOLELY FOR CAPITAL IMPROVEMENT PURPOSES OF THE VILLAGE, AND DECLARING AN EMERGENCY. [This was the result of a discussion at the recent Finance Committee meeting where the Council members all seemed to think that more funds were required for capital improvements. The notion of reducing the reciprocity percentage from 100% was swiftly dismissed, apparently for reasons of political discretion. The proposed tax increase of 1/2% would be earmarked for capital improvements, and would (supposedly) be levied from 2004 through 2008. See also Resolution S-2003 below, which calls for the required public election on this question.]
ORDINANCE M-2003 [Approved as Ordinance 14-2003]	AN ORDINANCE APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS [AND] DECLARING AN EMERGENCY. [The Village contracts with Walter H. Drane Co. to consolidate and publish changes to the village codes, once a year. This ordinance approves the publishing of changes made in year 2002, as "2003 Revision" pages in the Codified Ordinances.]
RESOLUTION R-2003 [Approved as Resolution 18-2003]	A RESOLUTION APPROVING THE NEW ENGINEERING RATES FOR THE VILLAGE ENGINEER FROM THE VILLAGE OF BOSTON HEIGHTS FOR THE REMAINDER OF CALENDAR YEAR 2003. [Engineer Steve Schreiber's firm, Adache Ciuni Lynn Associates, has raised the rates from their year 2000 levels. For example, the Village Engineer charged $74/hour, and will now charge $78/hour. Other services provided by ACLA also saw ~ 4.9% increases.]
RESOLUTION S-2003 [Approved as Resolution 19-2003]	[A] RESOLUTION DECLARING THE NECESSITY OF AN ELECTION ON THE QUESTION OF APPROVING THE PASSAGE OF AN ORDINANCE TO AMEND SECTIONS 183.03, 183.06, 183.04, AND 183.12 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS IN ORDER TO INCREASE THE INCOME TAX RATE FROM ONE AND ONE-HALF PERCENT TO TWO PERCENT BEGINNING JANUARY 1, 2004, AND ENDING ON DECEMBER 31, 2008 FOR THE PURPOSES PROVIDED IN SECTIONS 183.01 AND 183.12 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND PROVIDING THAT THE INCREASED REVENUES DERIVED FROM THE INCREASE IN THE INCOME TAX RATE BE USED FOR CAPITAL IMPROVEMENT PURPOSES OF THE VILLAGE OF BOSTON HEIGHTS. [See Ordinance L-2003, above.]
RESOLUTION T-2003 [Approved as Resolution 20-2003]	A RESOLUTION ACCEPTING THE BID OF KARVO PAVING FOR... [This was not on the meeting agenda... see New Business, below.]