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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 - March 9, 2005 - 8:00 P.M.

AGENDA

[and Editor's Notes on Council Meeting.]

[Note: in most cases, Council votes to "suspend the rules" and dispense with the three readings of each ordinance otherwise required by ORC 731.17.]

ROLL CALL

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

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

The agenda was amended to remove Resolution L-2005, then approved as amended.

MINUTES PRESENTED FOR CHANGE, CORRECTION OR ADOPTION

Minutes of the February 2005 meeting were approved.

CORRESPONDENCE

Village Engineer Steve Schreiber reported that the Village had received two bids for repair of the Akron-Cleveland Road bridge, in response to the solicitation authorized last month. Both bids, from A&J Cement and C.T.Taylor, were well over the estimated cost, and not quite conformant with the bid requirements. Mr. Schreiber determined that there were a number of large projects being bid at the same time that had likely discouraged reasonable and responsive bids. His recommendation to Council was that the bids be rejected as "unresponsive" and a fresh round of bids be solicited by advertisement in March. He hoped to receive six bids in the next round.

Mr. Schreiber also reported that the Mayor had received a letter from ODOT requesting that the Village state, by 23 March, whether it would forgoe the $560,000 in Federal funds allocated for rebuilding that same bridge. This money was allocated several years ago (in 1999 dollars without any inflation adjustment). It has not been used, in the absence of matching funds and completed plans. Currently, the Summit County Engineer's Office has abandoned the partially-completed plans for rebuilding the bridge. No further funding appears to be available from the State of Ohio or Summit County, despite applications from Mr. Schreiber on behalf of the Village. Meanwhile, the cost of the project has escalated to over $1.3M. Contact with Congressman Steven LaTourette's office may yield some help, but "not this year".
Mr. Schreiber also mentioned that the Village would be meeting with other interested parties, later in March, to discuss the possibility of abandoning the Akron-Cleveland Road bridge entirely, moving the roadway back onto its original right-of-way, now through the Bike-and-Hike Trail parking lot. This would avoid spanning the Bike-and-Hike trail gully, which is a former railroad right-of-way and still a right-of-way for Ohio Edison and various fiber optic cables.

Finally, Mr. Schreiber noted that the Village had turned in its annual report to the Summit County Storm Water Management Program.

AUDIENCE PARTICIPATION

Bill Hinkle, of Boston Mills Road, asked about the status of the Meghan's Lane subdivision plat, which was approved by Council at the last of a series of regular and special meetings: Ordinance 11-2005. This had all been to assist the developer in meeting a 1 March financial deadline; Mr. Hinkle mentioned rumors that this had not actually occurred. Solicitor Russ Pry admitted that the plat approval had only been finalized this same day, 9 March, when the necessary bonds were finally received by the Village. The plat is now pending formal acknowledgement of approval by Summit County.

LEGISLATION

ORDINANCE L-2005 [Adopted as Ordinance 12-2005]	AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING CODE CONTAINED IN THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS. This ordinance accepts the technical revisions of the zoning code that were recommended by the Planning Commision at its February 2005 meeting. These changes do not re-zone any area of the village; there is a re-arrangement of the code numbering system, a consolidation of the site plan requirements, referrals to the new sign code, and addition of some explanatory language. The one substantive change modifies the minimum spacing between service stations from 5000 feet to 400 feet. This was intended to allow development of new gas stations around the Hines Hill Road intersection at Route 8. A Public Hearing on this matter immediately preceded this Council meeting. In addition to all members of Council, the Mayor, Clerk-Treasurer, Engineer and Solicitor, there were two members of the public: Bill Hinkle of Boston Mills Road, and Don Polyak of Hines Hill Road. The new code changes will go into effect in about 30 days.
ORDINANCE M-2005 [Adopted as Ordinance 13-2005]	AN ORDINANCE AMENDING ORDINANCE 9-2005 REGARDING COMPENSATION FOR EMPLOYEES OF THE VILLAGE OF BOSTON HEIGHTS AND DECLARING AN EMERGENCY. This ordinance changes some pay rules for certain kind of work performed by members of the Fire Department. Chief Jim Robinson requested these changes at the last Finance Committee meeting so that officers of the department could be permitted to perform certain tasks.
RESOLUTION J-2005 [Adopted as Resolution 10-2005]	A RESOLUTION ACCEPTING THE FINANCIAL STATEMENTS OF THE VILLAGE OF BOSTON HEIGHTS FOR THE MONTH OF JANUARY, 2005. There was no mention of who on Council, if anyone, had actually reviewed the various financial statements, other than Councilor Mike Cheung remarking that the Village had "a very tight budget this year". Clerk-Treasurer Carol Zeman thanked Dr. Cheung for his attention.
RESOLUTION K-2005 [Adopted as Resolution 11-2005, as amended]	A RESOLUTION ACCEPTING THE BID OF ________________ FOR THE REPAIR WORK TO THE AKRON CLEVELAND BRIDGE. A RESOLUTION REJECTING ALL BIDS RECEIVED FOR THE REPAIR WORK TO THE AKRON CLEVELAND ROAD BRIDGE AS UNRESPONSIVE, AND AUTHORIZING THE CLERK-TREASURER TO ADVERTISE FOR BIDS FOR REPAIR WORK FOR THE AKRON-CLEVELAND ROAD BRIDGE. After discussion of the Engineer's report and recommendation on this matter, on the advice of Solicitor Russ Pry, and upon a motion by Council Mike Cheung, the ordinance was amended as above, and approved. New bids require at least 15 days notice, so the timetable is tight for Council to consider bids at the April meeting.
RESOLUTION L-2005 [Removed from the Agenda]	A RESOLUTION AUTHORIZING THE CLERK-TREASURER TO ADVERTISE FOR BIDS FOR THE PURCHASE OF A NEW TRUCK FOR THE FIRE DEPARTMENT FOR THE VILLAGE OF BOSTON HEIGHTS.
RESOLUTION M-2005 [Adopted as Resolution 12-2005]	A RESOLUTION AUTHORIZING THE VILLAGE OF BOSTON HEIGHTS TO ENTER INTO A CONTRACT WITH ORIANA HOUSE INC. FOR THE PROVISION OF COMMUNITY CORRECTIONS SERVICES.
RESOLUTION N-2005 [Adopted as Resolution 13-2005]	A RESOLUTION AUTHORIZING THE MAYOR AND CLERK TREASURER TO FILE ON BEHALF OF THE VILLAGE OF BOSTON HEIGHTS AN APPLICATION TO THE SUMMIT/AKRON SOLID WASTE MANAGEMENT AUTHORITY (THE "AUTHORITY") FOR COMMUNITY RECYCLING ACCESS GRANT.

COMMITTEE REPORTS

Councilor Mike Cheung reported on the Planning Commission and Board of Zoning Appeals meeting of 2 March 2005. A proposed site plan on Chittenden Road was referred to the Engineer, and deferred for further consideration. A buffer zone variance was granted for timbering a lot on Chittenden Road. The next PC/BZA meeting is 6 April 2005 at 7PM.

Council President (Pro Tempore) Bill Goncy stated that he had reviewed the Mayor's Court reconciliation for January 2005.

Mr. Goncy also reported that the March meeting of Route 8 Marginal Road Stakeholders was cancelled. The April meeting was expected to feature a review of wetlands issues and feasibility by potential study contractors.

Mr. Goncy recounted his adventures walking the boundary of the Duke property on Chittenden Road, prior to its timbering, with Zoning Inspector David Himes. He echoed Engineer Schreiber's mention of a 22 March 10AM meeting to discuss re-routing Akron-Cleveland Road around its failing bridge.

Mr. Goncy also mentioned that the Village's annual report to the Summit County Stormwater Management Program had been submitted and approved. He reminded Council that the program required the Village to have a riparian setback ordinance in place by 2008. He noted that a meeting on riparian setback issues would take place at the Furnace Run Lodge on 17 March at 8:30AM.

Finally, Mr. Goncy reported that he had visited W. Paul Warren, longtime editor of the now-defunct Boston Heights Reports newsletter. Mr. Warren is now constrained by health issues, but said to be in good spirits and willing to give what help he could to a revival of the newsletter. This had been proposed by Councilor Janet Miller, pending availability of funds.

Councilor Jim Hudson reported that the Streets and Highways Committee had met on 17 February to discuss repair to the Akron-Cleveland Road Bridge, and had also reviewed the usual doings of the Village's Road Department at the last Finance Committee meeting.

Councilor Paul Palumbo announced that there would be a Safety 1 Committee (Police) meeting on 15 March 2005, 7PM at the Village Hall.

OLD BUSINESS

NEW BUSINESS

Mayor Ray McFall solicited the views of Council on the question of returning the old funding for the Akron-Cleveland Road bridge, as requested by ODOT. Engineer Steve Schreiber intimated that neither ODOT nor the Federal Highway Safety Fund was likely to consider additional (sufficient) funding so long as the Village was holding onto these funds. After some discussion, Solicitor Russ Pry suggested that the matter be discussed further at the next Finance Committee meeting.

ADJOURN