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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 - July 14, 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

MINUTES PRESENTED FOR CHANGE, CORRECTION OR ADOPTION

Minutes approved for May and June regular meetings, and for June Special Meeting (Public Hearing on Omni re-zoning proposals).

CORRESPONDENCE

Solicitor Russ Pry announced that, in view of the Village's current financial crunch, his firm would be lowering their billing rate to $60 per hour for the time being. Mr. Pry's contract was renewed last month: Resolution Z-2004.

Village Engineer Steve Schreiber reported that the Ohio Department of Transportation (ODOT) District 4 would be holding a "stakeholders"" meeting on the Route 8 upgrade project. The meeting would span July 26-29 and cover the Value Engineering portion of the project's Phase 1 (North) and Phase 2 (South). This is apparently an engineering meeting that may include field inspections -- not a public meeting.

Clerk-Treasurer Carol Zeman reported that she had received a report giving the Planning Commission decisions on the three Omni re-zoning requests, and that these would be read when the corresponding legislation came up on the agenda (see below). Solicitor Pry also noted that the Village had held a Public Hearing on this matter, on 9 June 2004 (before the previous Council meeting).

AUDIENCE PARTICIPATION

Mr. William Hinkle, of Boston Mills Road, asked Clerk-Treasurer Zeman to clarify the income expected from the Fire Levy on the August 2004 ballot: Mrs. Zeman had previously given the annual income as $90,394, but was quoted in the Hudson Hub-Times giving the figure of $87,000. Mrs. Zeman stated that the larger figure was the correct one, as certified by the county.

Mrs. Jane Robinson, of Olde Eight Road, applauded Mr. Pry's rate reduction (see above).

ORDINANCE G-2004 [Second 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. See Solicitor Pry's remarks on this at last month. No one on Council offered any further input or refinements this month (nor at last month's Finance Committee meeting).
ORDINANCE H-2004 [Second 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. Again, no further discussion occurred this month.
ORDINANCE J-2004 [Approved as Ordinance 8-2004]	AN ORDINANCE DECLARING THE NECESSITY OF SUBMITTING TO THE ELECTORS OF THE VILLAGE OF BOSTON HEIGHTS THE QUESTION OF PRESERVING THE MUNICIPALITY'S RIGHT TO IMPOSE A MUNICIPAL INCOME TAX ON A SHAREHOLDER'S OHIO SOURCE DISTRIBUTIVE SHARE OF THE NET PROCEEDS OF AN S CORPORATION AND DECLARING AN EMERGENCY. Solicitor Pry explained that a recent revision to governing state law (Sub. H.B.127 (H)) required the Village to put this matter to a vote on the November 2004 ballot. If approved by the voters, this measure would permit the Village to continue to levy income taxes on this type of income.
ORDINANCE K-2004 [Not Adopted, by unanimous vote]	AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF BOSTON HEIGHTS. This ordinance would have granted a request by Omni Realty Co. to re-zone 20 acres of land east of Route 8 and north of Boston Mills Road, to RB Retail Business; this is the most intensive retail/commercial use in the Village's Zoning Code. Clerk-Treasurer Zeman read the Planning Commission's resolution of Not Recommended. Council concurred with this view by voting down the proposal.
ORDINANCE L-2004 [Not Adopted, by unanimous vote]	AN ORDINANCE AMENDING THE ZONING CODE OF THE VILLAGE OF BOSTON HEIGHTS AND CREATING THE PLANNED RESIDENTIAL DEVELOPMENT DISTRICT. This ordinance would have granted a request by Omni Realty Co. to create a new zoning district of PRD Planned Residential District, which would have permitted four (4) housing units per acre (gross density). Clerk-Treasurer Zeman read the Planning Commission's resolution of Not Recommended. Council concurred with this view by voting down the proposal.
ORDINANCE M-2004 [Not Adopted, by unanimous vote]	AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF BOSTON HEIGHTS. This ordinance would have granted a request by Omni Realty Co. to re-zone 57+ acres of land east of Route 8 and north of Boston Mills Road, to PRD Planned Residential District (see Ordinance L-2004, above). Clerk-Treasurer Zeman read the Planning Commission's resolution of Not Recommended. Council concurred with this view by voting down the proposal. Representatives from Omni Realty Co. left the meeting shortly after this vote.
ORDINANCE N-2004 [Approved as Ordinance 9-2004]	AN ORDINANCE AMENDING THE 2004 APPROPRIATION ORDINANCE (ORDINANCE 5-2004) AND DECLARING AN EMERGENCY. This ordinance amended this year's appropriation ordinance to "authorize the Clerk-Treasurer to adjust various accounts within each fund." This appears to be related to a discussion at the recent Finance Committee meeting whereby funding for recent improvements at the Village's poolhouse could be allocated from a different fund than had been planned, thus freeing up Permanent Improvement Fund monies for future repairs to the baby pool.

COMMITTEE REPORTS

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

Councilor Mike Cheung reported on the Planning Commission and Board of Zoning Appeals meeting of 7 July 2004. Dr. Cheung reported that a sign approval had granted to Mayfield Insurance; two vegetable stands had been approved, three requested zoning changes "not recommended", and several BZA housekeeping issues resolved.
The next meeting of the Planning Commission and Board of Zoning Appeals will be on 4 August 2004.

Council President (Pro Tempore) Bill Goncy reported that he had reviewed the Mayor's Court bank reconciliations for March through June, 2004. He had also reviewed the Clerk-Treasurer's bank reconciliations for April and May, 2004.

Engineer Steve Schreiber reported that he and the Road Committe had reviewed a drainage ditch issue at Wellington Court, relating to the new Annabelle Lake Estates subdivision. He further noted that the long-awaited repair and repaving of Colesbrooke Drive was well under way; the new road base was stabilized and final paving should be completed this week, weather permitting. Some final grading and other tasks would be then be completed next week. Mayor Ray McFall thanked Mr. Goncy for his time and effort in keeping track of the project on-site, and communicating with the residents.

Councilor Jim Hudson reported that the Roads Committee had met and reviewed the usual doings of the of the village's Road Department.

Mayor Ray McFall noted that the Park Board's Reverse Raffle, scheduled for this weekend, had been cancelled, and refunds were forthcoming.

OLD BUSINESS

NEW BUSINESS

Prompted by Solicitor Pry, Councilor Mike Cheung moved that Council enter Executive Session to "discuss personnel". Note that this is one of the reasons permitted by ORC 121.22 to close a meeting to the public. Council voted to approve this motion and enter Executive Session.
However -- from the audience, Ms. Joani Hedderick, of Colesbrooke Drive, asked whether her comments would be still be heard. (Ms. Hedderick was video taping this portion of the meeting.) After some back-and-forth about when Audience Participation was scheduled in the Agenda, Council voted to leave Executive Session and hear her remarks.

Ms. Hedderick stated that she had been told she could attend a meeting being held by the Village Engineer with the paving contractor on the Colesbrooke Drive project; this was related to the contractor's mixup on the drawings when the project began, which led to unexpected modifications around that road's cul de sac.
Ms. Hedderick stated that Engineer Schreiber had told her that he would allow her in the meeting in about "five minutes", but after waiting about one hour, she gave up and left. She asked whether this might be a violation of the state's Open Meeting law, since the Mayor and Mr. Goncy were also at the meeting.
Engineer Schreiber stated that his intention was to allow Ms. Hedderick into the meeting to hear the final resolution of the problem, but that this had been a contractor consultation, not a public meeting, and had simply run longer than expected. Ms. Hedderick stated that, in any case, she felt she had been intentionally and improperly excluded from this meeting.
Solicitor Pry stated that he had was not familiar with the details of the situation, but would research it and render an opinion, if so authorized by Council. (The Ohio Open Meeting Law ORC 121.22 seems to indicate that this was not a public meeting as defined by that law.)

Promising that there would be no further public business except adjournment, Council once again voted to approve enter Executive Session. After a short recess, the public then left the meeting, and your Editor knows no more about this matter.

ADJOURN