Village of Boston Heights: Council Meeting October-2004

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the Village of Boston Heights OH.

VILLAGE OF BOSTON HEIGHTS

45 E. Boston Mills Road
Hudson, OH 44236

REGULAR COUNCIL MEETING - October 13, 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, and
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 the September regular meeting.

CORRESPONDENCE

Village Engineer Steve Schreiber reported that he had received correspondence from both Summit County and ODOT in connection with the proposed rebuilding of the Akron-Cleveland Road bridge, just south of Route 303. It appears that no state funding for this project is immediately forthcoming. Mr. Schreiber and Council President (PT) Bill Goncy discussed the deteriorating condition of the bridge, including erosion around the support piers. Mr. Schreiber suggested that it may be necessary to close the northbound side of the bridge sometime next year, with two-way traffic routed over the (current) southbound side. He thought the southbound side would be usable for another 5-6 years. There would be severe traffic impacts. Mr. Goncy stated that he would be taking the matter to AMATS next month, to see if some funding could be shaken loose there.

Engineer Schreiber also reported that the repair and repaving of Norbury Drive had been completed, and that some repairs were underway on Olde Eight Road. The proposed septic system for the Village Hall complex was under review yet again, in light of a proposed addition to the Village Fire Station.

Mayor Ray McFall announced a variety of Fall events in the Village (see our Village Calendar):

Village Halloween Party at the Park: Saturday, 23 October 2004, 12-2PM
Village Trick-or-Treat: Saturday, 30 October 2004, 6-8PM
Village Seniors' Thanksgiving Dinner: Saturday, 13 November 2004, 12-2PM
Village Santa Gift Delivery: Sunday, 12 December 2004 - packages to Village Hall by 10 December

The Mayor also reported that Mr. Chuck Robinson had resigned from the Village Planning Commission, for reasons of health. Mr. Robinson has served as the Chairman of the Commission for several years. (See below for the appointment of a replacement commissioner.)

Mayor McFall further reported that ODOT had finally mowed around the two properties it now owns on the west side of Route 8 at Boston Mills Road.

The Mayor also announced that one of the Village's firefighters was being recalled to military service in Iraq; there would be a farewell cookout, open to the public, at the Fire Station on Monday, 18 October, 7PM.

AUDIENCE PARTICIPATION

None this month!

ORDINANCE R-2004

[Second Reading]
[Adopted as Ordinance 20-2004]

AN ORDINANCE REPEALING CHAPTER 1309 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND ADOPTING THE INTERNATIONAL RESIDENTIAL BUILDING CODE OF 2003 AS AN OFFICIAL STANDARD BUILDING CODE FOR THE VILLAGE OF BOSTON HEIGHTS.

Council received more information on this matter from Ron Marusiak, Village Building Inspector, at the September Finance Committee meeting. This replaces the previously-cited CABO Residential Building Code.

ORDINANCE S-2004

[Second Reading]
[Adopted as Ordinance 21-2004]

AN ORDINANCE REPEALING CHAPTER 1301 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND ADOPTING THE INTERNATIONAL BUILDING CODE OF 2003 AS AN OFFICIAL STANDARD BUILDING CODE FOR THE VILLAGE OF BOSTON HEIGHTS.

Council had further examined this matter at the September Finance Committee meeting, with input from Ron Marusiak, Village Building Inspector, and Steve Schreiber, Village Engineer. The final language of the new Chapter 1301 now cites the International Building Code 0f 2003 "as adopted by the Ohio Board of Building Standards", but oddly enough does not mention the more-encompassing Ohio Building Code itself. Even more oddly, the Ohio Board of Building Standards has not yet adopted IBC 2003 at all -- it is still citing IBC 2000/2001, with adoption of IBC 2003 slated for next year.

ORDINANCE T-2004

[Second Reading]
[Adopted as Ordinance 22-2004]

AN ORDINANCE AMENDING CHAPTER 1305.01 AND 1305.02 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND UPDATING THE NATIONAL ELECTRICAL CODE OF THE VILLAGE OF BOSTON HEIGHTS TO COINCIDE WITH THE REVISIONS TO SAID STANDARD CODES AND DECLARING AN EMERGENCY.

This updates the Village's electrical code to NEC 2002, the current version (from NEC 1999). NEC 2005 will be issued by the NFPA in January 2005. Councilor Bill Goncy mentioned here that he was informed by Village Electrical Inspector, Dick Donley, that the Village should hold off adoption of the 2005 code until it is officially issued, and until Mr. Donley is able to complete the required training for the 2005 code.

ORDINANCE W-2004

[Second Reading]
[Referred to Finance Committee]

AN ORDINANCE AMENDING CHAPTER 903.03 "CATCH BASINS" OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS.

This ordinance addresses the contentious issue of ditch culverts and catch basins, which has stirred up several neighborhoods in the Village over the past year or so (see the audience discussion last month).
Solicitor Russ Pry suggested that this measure required even more deliberation, at the next Finance Committee meeting (26 Oct., 7PM).
Here is the proposed new text for Chapter 903.03:

Title: Covered Ditch - Catch Basins.

Prior to the installation or alteration of any driveway or open ditch approval of the Street Commissioner shall be obtained. The Street Commissioner may require the installation of a catch basin to control sediment, water flow, or for maintenance purposes.

No open drainage ditch shall be enclosed with a buried pipe unless approved by the Street Commissioner. The Street Commissioner shall not approve any request of an applicant to enclose a ditch until the applicant has submitted plans to and received plans approval from the Village Engineer. The applicant shall pay for all costs required by the Village Engineer to review said plans.

The Street Commissioner shall remove any pipes enclosing ditches that are installed without proper approval following the enactment date of this Chapter. The property owner shall be liable for all costs incurred by the Village in the removal of improperly installed pipes, including all labor hours expended.

ORDINANCE X-2004

[Adopted as Ordinance 23-2004]

AN ORDINANCE REPEALING CHAPTER 1313 "BOCA PROPERTY MAINTENANCE CODE" OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS.

This ordinance states that whereas "the International Building Code contains provisions which address the property maintenance code", the current property maintenance code is repealed. On the other hand, if the IBC does contain property maintenance provisions (which do not seem to appear anywhere in its Table of Contents), why does the ICC also have a International Property Maintenance Code?

ORDINANCE Y-2004

[Adopted as Ordinance 24-2004]

AN ORDINANCE ACCEPTING AND CONFIRMING THE DEDICATION OF THE STREET IMPROVEMENT KNOWN AS THE WELLINGTON COURT EXTENSION IN THE ANNABELLE LAKE ESTATES SUBDIVISION AND DECLARING AN EMERGENCY.

This measure had been recommended by the Village Engineer and by the Planning Commission, at its October 2004 meeting. Solicitor Russ Pry pointed out, however, that the Summit County Subdivision Regulations require maintenance and performance bonds to be posted before the Village Engineer can sign off on this street.
The Annabelle Lake Estates subdivision is immediately north of the Ashbrooke West neighborhood off of Walters Road. It lies entirely within the Nordonia Hills City School District.

RESOLUTION JJ-2004

[Adopted as Resolution 37-2004]

A 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.

This measure sets the rates for the Village's property tax levies to be collected for the next fiscal year.

RESOLUTION KK-2004

[Adopted as Resolution 38-2004]

A RESOLUTION AUTHORIZING THE MAYOR AND CLERK-TREASURER TO ENTER INTO A CONTRACT ON BEHALF OF THE VILLAGE OF BOSTON HEIGHTS WITH THE COUNTY OF SUMMIT FOR ANIMAL CONTROL.

Mayor McFall and Clerk-Treasurer Zeman mentioned that the new contract with Summit County Animal Control included a "huge" rate increase. For example, the cost of retrieving a stray dog went from about $35 to about $100. The Village pays this fee, unless an owner retrieves his own animal from the county and pays the fee.

RESOLUTION LL-2004

[Adopted as Resolution 39-2004]

A RESOLUTION ACCEPTING THE FINANCIAL STATEMENTS OF THE VILLAGE OF BOSTON HEIGHTS FOR THE MONTH OF AUGUST, 2004.

There was no mention of who on Council, if anyone, had actually reviewed the various financial statements.

COMMITTEE REPORTS

Councilor Mike Cheung reported on the Planning Commission and Board of Zoning Appeals meeting of 6 October 2004. The next PC/BZA meeting is 3 November 2004 at 7PM.

Council President (Pro Tempore) Bill Goncy reminded Council that they would be revisiting the issue of trash pickup at the next Finance Committee meeting on 26 October. The Village has been considering whether to negotiate a Village-wide rate for trash pickup, but is not planning to pay for it with public funds, nor to require residents to use the selected hauler.

Councilor Janet Miller reported that she, Mayor McFall and Councilor Goncy had attended a meeting on the proposed Route 8 access road. This is the marginal road proposed for the east side of Route 8, to run from Hines Hill to Twinsburg Road to Highland Road. The project is in the early conceptual stages; this meeting discussed wetland issues.

OLD BUSINESS

NEW BUSINESS

As Mr. Chuck Robinson has resigned from the Village Planning Commission (and as its Chair), Mayor McFall appointed Mr. Michael Bush to the PC. On a motion by Councilor Mike Cheung, Council approved this appointment. Mr. Bush, of Colesbrooke Drive, is also the current president of the Ashbrooke West Homeowners' Association.

ADJOURN

Some documents are Public Domain Information from the Village of Boston Heights OH or other public entities.
Other materials Copyright 2001-2004 W.J.Hinkle and Boston Heights Overlook
Boston Heights Overlook and BostonHeights.Org are not affiliated with the Village of Boston Heights OH.

ORDINANCE R-2004 [Second Reading] [Adopted as Ordinance 20-2004]	AN ORDINANCE REPEALING CHAPTER 1309 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND ADOPTING THE INTERNATIONAL RESIDENTIAL BUILDING CODE OF 2003 AS AN OFFICIAL STANDARD BUILDING CODE FOR THE VILLAGE OF BOSTON HEIGHTS. Council received more information on this matter from Ron Marusiak, Village Building Inspector, at the September Finance Committee meeting. This replaces the previously-cited CABO Residential Building Code.
ORDINANCE S-2004 [Second Reading] [Adopted as Ordinance 21-2004]	AN ORDINANCE REPEALING CHAPTER 1301 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND ADOPTING THE INTERNATIONAL BUILDING CODE OF 2003 AS AN OFFICIAL STANDARD BUILDING CODE FOR THE VILLAGE OF BOSTON HEIGHTS. Council had further examined this matter at the September Finance Committee meeting, with input from Ron Marusiak, Village Building Inspector, and Steve Schreiber, Village Engineer. The final language of the new Chapter 1301 now cites the International Building Code 0f 2003 "as adopted by the Ohio Board of Building Standards", but oddly enough does not mention the more-encompassing Ohio Building Code itself. Even more oddly, the Ohio Board of Building Standards has not yet adopted IBC 2003 at all -- it is still citing IBC 2000/2001, with adoption of IBC 2003 slated for next year.
ORDINANCE T-2004 [Second Reading] [Adopted as Ordinance 22-2004]	AN ORDINANCE AMENDING CHAPTER 1305.01 AND 1305.02 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND UPDATING THE NATIONAL ELECTRICAL CODE OF THE VILLAGE OF BOSTON HEIGHTS TO COINCIDE WITH THE REVISIONS TO SAID STANDARD CODES AND DECLARING AN EMERGENCY. This updates the Village's electrical code to NEC 2002, the current version (from NEC 1999). NEC 2005 will be issued by the NFPA in January 2005. Councilor Bill Goncy mentioned here that he was informed by Village Electrical Inspector, Dick Donley, that the Village should hold off adoption of the 2005 code until it is officially issued, and until Mr. Donley is able to complete the required training for the 2005 code.
ORDINANCE W-2004 [Second Reading] [Referred to Finance Committee]	AN ORDINANCE AMENDING CHAPTER 903.03 "CATCH BASINS" OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS. This ordinance addresses the contentious issue of ditch culverts and catch basins, which has stirred up several neighborhoods in the Village over the past year or so (see the audience discussion last month). Solicitor Russ Pry suggested that this measure required even more deliberation, at the next Finance Committee meeting (26 Oct., 7PM). Here is the proposed new text for Chapter 903.03: Title: Covered Ditch - Catch Basins. Prior to the installation or alteration of any driveway or open ditch approval of the Street Commissioner shall be obtained. The Street Commissioner may require the installation of a catch basin to control sediment, water flow, or for maintenance purposes. No open drainage ditch shall be enclosed with a buried pipe unless approved by the Street Commissioner. The Street Commissioner shall not approve any request of an applicant to enclose a ditch until the applicant has submitted plans to and received plans approval from the Village Engineer. The applicant shall pay for all costs required by the Village Engineer to review said plans. The Street Commissioner shall remove any pipes enclosing ditches that are installed without proper approval following the enactment date of this Chapter. The property owner shall be liable for all costs incurred by the Village in the removal of improperly installed pipes, including all labor hours expended.
ORDINANCE X-2004 [Adopted as Ordinance 23-2004]	AN ORDINANCE REPEALING CHAPTER 1313 "BOCA PROPERTY MAINTENANCE CODE" OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS. This ordinance states that whereas "the International Building Code contains provisions which address the property maintenance code", the current property maintenance code is repealed. On the other hand, if the IBC does contain property maintenance provisions (which do not seem to appear anywhere in its Table of Contents), why does the ICC also have a International Property Maintenance Code?
ORDINANCE Y-2004 [Adopted as Ordinance 24-2004]	AN ORDINANCE ACCEPTING AND CONFIRMING THE DEDICATION OF THE STREET IMPROVEMENT KNOWN AS THE WELLINGTON COURT EXTENSION IN THE ANNABELLE LAKE ESTATES SUBDIVISION AND DECLARING AN EMERGENCY. This measure had been recommended by the Village Engineer and by the Planning Commission, at its October 2004 meeting. Solicitor Russ Pry pointed out, however, that the Summit County Subdivision Regulations require maintenance and performance bonds to be posted before the Village Engineer can sign off on this street. The Annabelle Lake Estates subdivision is immediately north of the Ashbrooke West neighborhood off of Walters Road. It lies entirely within the Nordonia Hills City School District.
RESOLUTION JJ-2004 [Adopted as Resolution 37-2004]	A 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. This measure sets the rates for the Village's property tax levies to be collected for the next fiscal year.
RESOLUTION KK-2004 [Adopted as Resolution 38-2004]	A RESOLUTION AUTHORIZING THE MAYOR AND CLERK-TREASURER TO ENTER INTO A CONTRACT ON BEHALF OF THE VILLAGE OF BOSTON HEIGHTS WITH THE COUNTY OF SUMMIT FOR ANIMAL CONTROL. Mayor McFall and Clerk-Treasurer Zeman mentioned that the new contract with Summit County Animal Control included a "huge" rate increase. For example, the cost of retrieving a stray dog went from about $35 to about $100. The Village pays this fee, unless an owner retrieves his own animal from the county and pays the fee.
RESOLUTION LL-2004 [Adopted as Resolution 39-2004]	A RESOLUTION ACCEPTING THE FINANCIAL STATEMENTS OF THE VILLAGE OF BOSTON HEIGHTS FOR THE MONTH OF AUGUST, 2004. There was no mention of who on Council, if anyone, had actually reviewed the various financial statements.