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Boston Heights Overlook

This is a publication of Boston Heights Overlook.
Not an official public document by, of or for
the Village of Boston Heights OH.


VILLAGE OF BOSTON HEIGHTS

45 E. Boston Mills Road
Hudson, OH 44236

REGULAR COUNCIL MEETING - June 9, 2004 - 8:00 P.M.

AGENDA

[and Editor's Notes on Council Meeting]

ROLL CALL

All council members were present: Bill Goncy (President Pro Tempore), Mike Cheung, Jim Hudson, Annette Miller, Janet Miller, Paul Palumbo.
Also present: Mayor Ray McFall, Clerk-Treasurer Carol Zeman, Engineer Steve Schreiber & Solicitor Russ Pry.

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

Amended to remove approval of minutes. Approved as amended.

MINUTES PRESENTED FOR CHANGE, CORRECTION OR ADOPTION

Apparently the May 2004 minutes were not ready yet.

CORRESPONDENCE

Clerk-Treasurer Carol Zeman reported that The Village has received the official language for the upcoming ballot issue on renewal of the Fire Levy. This will be Issue 1 on the 3 August 2004 ballot. (See Resolution 20-2004.) The 1.75 mill levy would collect $90,394 per year (on the $66M property valuation in the village).
On a separate matter, Mrs. Zeman took umbrage at a recent complaint that a citizen had not been permitted to speak at a Council meeting. She noted that the Village had, for decades and under at least three mayors, always permitted public remonstrance at public meetings -- during Audience Participation and otherwise. She added that, while the public has a right to attend all public meetings, the Ohio Open Meetings Law does not guarantee public speech at these meetings; that is optional, but has always been granted by the Village..


Village Engineer Steve Schreiber reported the following:


AUDIENCE PARTICIPATION

Mrs. Jane Robinson, of Olde Eight Road, objected to what she characterized as an overgrown lot on Boston Mills Road (where the resident is pasturing a horse near the home). She also mentioned the overgrown state of the two commercial lots at the western corners of Route 8 and Boston Mills Road (which are now owned by the State of Ohio). She endorsed the idea of a weed control measure (see below). Mayor Ray McFall said he'd look into these matters.


Mr. Joseph Rock and Mrs. Elizabeth Rock, of Parkside Court (in Wooded View Estates) expressed their exasperation with the flooding and storm water problems in their neighborhood. They wondered when the Village was going to get around to doing something about the long-standing problems. They complained that many of the problems were being caused by improper construction in the neighborhood, which is not being adequately monitored by the Village. Engineer Steve Schreiber agreed that the Village does not have a very formal inspection regimen for topology and drainage. He suggested that contractors were having reasonable plans approved and then building something else, e.g. showing ditches on paper, but covering them over in the field. He is asking the Village for the power to withold occupancy permits in such cases. Solictor Russ Pry suggested that the Rocks may need to consult their own lawyer if a neighbor is causing a nuisance entirely within private property. Zoning Inspector David Himes suggested that the Village offer to mediate between the parties.


Messrs. Mark Klawitter and Mark Gupko, of Wellington Court (in Ashbrooke West) explained the problems they have been having with drainage through and around their property. They are afflicted with areas of standing water and poor drainage. They had begun modifying a drainage swale and culvert that drains storm water from their neighborhood into Brandywine Creek; Engineer Schreiber had stopped them, as this was in a village drainage easement. Mr. Schreiber had explained that they needed to have professional engineering plans prepared, which would likely require a survey (and he could not do this, as he is the reviewing authority). The gentlemen stated that they would be willing to pay the $4K cost of the remediation project, but would like the village to consider contributing to the engineering costs. Solicitor Russ Pry agreed to ask Council take this up at the next Finance Committee meeting (on 29 June 2004, 7PM). In response to a question from Councilor Janet Miller, Mr. Pry clarified that the Village was involved because of the existing public drainage easement.


ORDINANCE G-2004

[First Reading]

AN ORDINANCE AMENDING CHAPTER 521.12(a) OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS TO PROVIDE FOR A NEW CHAPTER 521.12(a) REGARDING "WEED CUTTING" AND DECLARING AN EMERGENCY.

Solicitor Pry suggested that Council closely examine the language of the ordinance with an eye to whether revisions are warranted. He noted that this new ordinance does not specify setback limits ('where does a yard end and the "back forty" begin'?). He also pointed out that this ordinance mandates a specific limit of 8 inches of grass height; Council might want to review this, too.

ORDINANCE H-2004

[First Reading]

AN ORDINANCE CREATING A NEW CHAPTER 1375.05 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS ENTITLED "MAXIMUM TIME FRAME FOR INSTALLATION OF LANDSCAPING FOR NEW CONSTRUCTION".

This is intended to enforce the installation of landscaping per approved plans, within eight months of issuance of an occupancy permit.

ORDINANCE I-2004

[Approved as Ordinance 7-2004]

AN ORDINANCE AMENDING CHAPTER 1385.02(b)(l) OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND RESPECTIVE APPLICATION TO CHANGE THE FEE FOR COMMERCIAL ELECTRICAL INSPECTIONS AND DECLARING AN EMERGENCY.

This is per the recommendations of the Village Electrical Inspector, Dick Donley. He had pointed out a discrepency in the rate shown in the codified ordinances vs. the rate specified in the enabling legislation. The net result was that the inspection fees for commercial development were much lower than those for residential development. This sets the rates at $155 base fee plus $7 per 100 square feet.

RESOLUTION W-2004

[Approved as Resolution 25-2004]

A RESOLUTION ACCEPTING THE BID OF TRI MOR CORPORATION FOR THE PURPOSE OF ROAD WORK ON COLESBROOKE DRIVE FROM ELBOW TO CUL DE SAC. [at $171,316.95]

As all bids had exceeded the project budget, this resolution had been referred back to the Road Committee for further consideration. See Engineer Schreiber's May report. Mr. Schreiber revised the quantities of various line items, and selected specific bid options, to reduce the overall price. The results was a Tri Mor bid of $171K and a Karvo bid of $208K.
Major changes include: Norbury reconstruction dropped (possible patching, if funds permit); cement stabilization of cul de sac pavement, rather than construction of a new base; residents will be responsible for seeding in front of their yards (all soil prep by contractor).

RESOLUTION Y-2004

[Approved as Resolution 26-2004]

A RESOLUTION AUTHORIZING THE VILLAGE OF BOSTON HEIGHTS TO ENTER INTO A STANDARD EASEMENT AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF A WATER MAIN FOR THE PURPOSE OF SUPPLYING WATER SERVICE.

This legally enabled the installation of the water mains for the Meghan's Lane subdivision off of Olde Eight Road. The Village will end up owning the water lines, as usual.

RESOLUTION Z-2004

[Approved as Resolution 27-2004]

A RESOLUTION HIRING AND APPOINTING RUSSELL M. PRY AS SOLICITOR FOR THE VILLAGE OF BOSTON HEIGHTS.

RESOLUTION AA-2004

[Approved as Resolution 28-2004]

A RESOLUTION AUTHORIZING THE MAYOR AND COUNCIL TO PLEDGE COOPERATION BETWEEN THE VILLAGE OF BOSTON HEIGHTS AND SUMMIT COUNTY INFRASTRUCTURE COMMITTEE (STATE ISSUE II, DISTRICT 8) AND REQUESTING FUNDING APPROVAL FOR THE HEREINAFTER DESCRIBED PROJECT: REPLACEMENT OF AKRON-CLEVELAND ROAD BRIDGE PROJECT, AND DECLARING AN EMERGENCY.

See Resolution 12-2003 for last year's attempt at securing these funds, and Engineer Schreiber's report on why that effort failed.
In the past, Engineer Steve Schreiber has explained that this bridge had been found to be in "poor" condition. The proposed repair project was to include the Village of Boston Heights, County of Summit, and Metroparks Serving Summit County. The Metroparks Bike & Hike Trail runs under the bridge.
Note: This project is designated SUM CR 16-1.95 by the county; click here for a detailed explanation of the county engineer's current proposal for repairs and financing of this $1.3M project.

RESOLUTION BB-2004

[Approved as Resolution 29-2004]

A RESOLUTION AUTHORIZING THE MAYOR AND COUNCIL TO PLEDGE COOPERATION BETWEEN THE VILLAGE OF BOSTON HEIGHTS AND SUMMIT COUNTY INFRASTRUCTURE COMMITTEE (STATE ISSUE II, DISTRICT 8) AND REQUESTING FUNDING APPROVAL FOR THE HEREINAFTER DESCRIBED PROJECT: PHASE I AND PHASE II VILLAGE WATER SYSTEM IMPROVEMENT PROJECTS AND DECLARING AN EMERGENCY.

See Resolution 11-2003 for last year's attempt at securing these funds, and Engineer Schreiber's report on why that effort failed.

RESOLUTION CC-2004

[Approved as Resolution 30-2004]

A RESOLUTION RATIFYING AND CONFIRMING THE APPOINTMENT BY THE MAYOR TO ALL BOARDS AND COMMISSIONS WITHIN THE VILLAGE OF BOSTON HEIGHTS.

This meets the legal requirement for "consent of Council" to various appointments that have been made by the Mayor.

RESOLUTION DD-2004

[Approved as Resolution 31-2004]

A RESOLUTION REQUESTING THAT THE PLANNING COMMISSION CONTACT APPROPRIATE GOVERNMENT AND SCHOOL DISTRICT OFFICIALS IN THE HUDSON, NORDONIA, AND WOODRIDGE SCHOOL DISTRICTS TO INVESTIGATE PLANNING AND ZONING COORDINATION WHERE APPROPRIATE INCLUDING RESIDENTIAL GROWTH LIMITATION.

This is at the instigation of Councilor Mike Cheung, who was instrumental in turning back a recent effort by the City of Hudson to potentially exclude Boston Heights (et al.) from the Hudson City School District.

COMMITTEE REPORTS

Councilor Annette Miller reported that she had reviewed the village expenditures for May 2004.


Councilor Mike Cheung reported on the Planning Commission and Board of Zoning Appeals meeting of 2 June 2004. Dr. Cheung reported that a sign approval had been refused, and another deferred to next month. There was an informal discussion of a vegetable stand operation. Further discussions of other zoning matters were deferred until the return of Councilor Bill Goncy.
The next meeting of the Planning Commission and Board of Zoning Appeals will be on 7 July 2004.


Councilor Jim Hudson reported that the Roads Committee had met and reviewed the usual doings of the of the village's Road Department, including extensive storm damage remediation, and preparation of Fairview Cemetery for the recent Memorial Day services.


Councilor Janet Miller reported that she had met with Road Superintendent Jim Robinson to review the Cemetery Board's task list. She found that all priority items had been met.


Councilor Paul Palumbo reported that the addition to the park's poolhouse should be completed shortly.


OLD BUSINESS

NEW BUSINESS

From the audience, Mr. William Hinkle, of Boston Mills Rd., suggested that the Village attempt to get a transcript of the recent public hearing into the hands of the Planning Commission in advance of their next meeting. He noted that not all of the Planning Commission members had been present at the hearing, but they would be required to make their recommendation on the zoning applications that had been discussed. Solicitor Pry pointed out that the PC members were not required to appear at the public hearing, as it was really for benefit of Council. Mr. Hinkle suggested that it might still be helpful for the PC members to review the testimony from the public hearing. Mr. Pry said that an effort would probably be made to do this.


ADJOURN



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