Village of Boston Heights: Council Meeting June-2005

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VILLAGE OF BOSTON HEIGHTS

45 E. Boston Mills Road
Hudson, OH 44236

REGULAR COUNCIL MEETING - June 8, 2005 - 8:00 P.M.

AGENDA

[and Editor's Notes on Council Meeting.]

[with notes from the Finance Committee Meeting of 24 May 2005]

[Note: Council usually 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, Solicitor Russ Pry, and Engineer Steve Schreiber.

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

MINUTES PRESENTED FOR CHANGE, CORRECTION OR ADOPTION

Minutes of the May 2005 meeting were approved with some minor typographical corrections.

CORRESPONDENCE

Engineer Steve Schreiber reported on a letter received from Cuyahoga Bridge and Road, the contractor engaged to repair the Akron-Cleveland Road bridge. Upon starting field work, the company reported finding several discrepencies from the bid description: instead of one rocker bearing needing to be reset, there were at least six; also, additional dowels were needed for concrete reinforcement. Mr. Schreiber requested an additional $2310 (maximum) be allocated to the project, on top of the $41,700 bid. Clerk-Treasurer Carol Zeman noted that the Village had borrowed $45K for this project, to allow for contingencies. Mayor Ray McFall deferred consideration of this matter to New Business.

Mayor Ray McFall reported that he had attended the annual Mayor's Conference in Toledo, where the main topic of discussion was the state funding cuts for local government. He noted that cities and libraries would see large reductions in state funding, though villages and townships would see no cuts in this budget.

AUDIENCE PARTICIPATION

There was no audience discussion, perhaps due to the Public Hearing that had just been concluded before this meeting. This concerned the proposed rezoning at Boston Mills Road and Route 8; see Ordinance S-2005, below.

LEGISLATION

ORDINANCE R-2005

[Adopted as Ordinance 18-2005]

AN ORDINANCE ESTABLISHING RATES OF PAY FOR EMPLOYEES OF THE MUNICIPAL SWIMMING POOL AND DECLARING AN EMERGENCY.

The new rates are retroactive to 22 May 2005, and are as follows:
First year Lifeguard (Class 1): $8.00 /hr.
2nd and 3rd year Lifeguard (Class 2): $8.50 /hr.
4th year and and greater Lifeguard (Class 3): $9.00 /hr.
Senior Lifeguards (Class 4): $9.50 /hr.
Pool Manager (Class 5): $12.00 /hr.

ORDINANCE S-2005

[First Reading]

AN ORDINANCE CHANGING THE ZONING DISTRICT OF A CERTAIN PIECE OF PROPERTY LOCATED ON THE NORTH SIDE OF BOSTON MILLS ROAD EAST OF STATE ROUTE 8 (LEGAL DESCRIPTION ATTACHED AS EXHIBIT A) FROM ZONING DISTRICT OP TO ZONING DISTRICT GB.

Omni Realty's (Boston Crossing's) request for rezoning, to allow a shopping center, was the subject of a Public Hearing just before this meeting. It had been suggested there that Council ought not to cut short the public's consideration and discussion of the matter, but should allow three readings of the rezoning ordinance. In most matters, Council usually votes to "suspend the rules" and dispense with the three readings of each ordinance otherwise required by ORC 731.17. In this case, the motion to do so failed 2-4, with Councilors Paul Palumbo and Jim Hudson voting to vote on the rezoning immediately, and Councilors Bill Goncy, Annette Miller, Mike Cheung and Janet Miller voting to wait for at least another reading at the next Council meeting.
See also the matter of the development agreement conditionally approved by Council last month. Engineer Steve Schreiber reported, at the Public Hearing, that he had finally received, reviewed and approved a proper legal description of the property to be rezoned.

RESOLUTION S-2005

[Adopted as Resolution 20-2005]

A RESOLUTION REQUESTING QUALIFICATIONS FOR PROFESSIONAL DESIGN SERVICES FOR THE ADDITION TO THE VILLAGE OF BOSTON HEIGHTS FIRE DEPARTMENT.

Last month, this matter was referred back to the Finance Committee primarily because Councilor Bill Goncy felt that the resolution had been improperly drawn, without properly asking including the possibility of a consolidated Public Safety facility instead of just a Fire Department addition. The resolution now asks for qualifications for design and architectural services for "design of pub[l]ic safety services buildings", and mentions "Fire Department/Safety Building". However, Mr. Goncy seemed not to be satisfied, as he voted "no" in this 5-1 vote for approval.

RESOLUTION V-2005

[Adopted as Resolution 21-2005]

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

Mr. Pry has served as Village Solicitor for a number of years.

RESOLUTION W-2005

[Adopted as Resolution 22-2005]

A RESOLUTION ACCEPTING THE FINANCIAL STATEMENTS OF THE VILLAGE OF BOSTON HEIGHTS FOR THE MONTH OF APRIL, 2005.

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

RESOLUTION X-2005

[Adopted as Resolution 23-2005]

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.

Thus begins another quixotic quest to obtain the money needed to refurbish (or replace) the decaying Akron-Cleveland Road bridge over the Bike and Hike Trail, south of Route 303.
Councilor Mike Cheung asked how a resolution could be drawn as an emergency measure; Solicitor Russ Pry explained that this was the form requested by Summit County.

RESOLUTION Y-2005

[Adopted as Resolution 24-2005]

A RESOLUTION CONFIRMING THE APPOINTMENT OF LAURIE STODDARD TO FILL THE UNEXPIRED TERM OF KENNETH METZ ON THE BOARD OF ZONING APPEALS OF THE VILLAGE OF BOSTON HEIGHTS.

Ms. Laurie Stoddard, of Colesbrooke Drive in Ashbrooke West, served on the Village's Board of Zoning Appeals a number of years ago. Mr. Metz has moved out of the village.

COMMITTEE REPORTS

Councilor Mike Cheung reported on the Planning Commission and Board of Zoning Appeals meeting of 1 June 2005, though Councilor Jim Hudson had in fact substituted for Dr. Cheung at that meeting. He reported that the BZA had approved a conditional use for Air Power of Ohio on Chittenden Road, a variance for John's Landscaping and Tree Service, also on Chittenden Road, and a variance for Tequila Pancho's Restaurant on Akron-Cleveland Road. The Planning Commission had approved a new application form and fee schedule, and had now set the application deadline for 15 days before any meeting. The previous traditional deadline had been 10 days.
The next PC/BZA meeting will be Wednesday, 6 July 2005 at 7PM..

Council President (Pro Tempore) Bill Goncy reported that he had reviewed the Mayor's Court bank reconciliations, and had attended a number of regional meetings in the past month. At the Cuyahoga Valley Communities Council meeting, he learned that the Krejci Dump cleanup is scheduled to begin this fall; this Superfund site is adjacent to the Village. He is working with Ashbrooke West residents to set up a stream monitoring program for Brandywine Creek, as required by the Village's participation in the county's Storm Water Management Program. He attended the County Engineer's June meeting on the proposed Route 8 Marginal Road, and heard that URS had been selected to conduct the feasibility study, pending federal funds tied up in the transportation bill. Mr. Goncy urged interested citizens to write their Congressmen.

Mr. Goncy also reported that the Park Board would hold a Pancake Breakfast fundraiser at Matthews-Thomas Park, on Father's Day morning: 19 June 2005, 9AM-Noon. The Board hoped to raise money to buy and install park benches around the pavilion.

Village Engineer Steve Schreiber reiterated his recommendation to increase the funding for the current repairs to the Akron-Cleveland Road bridge. Mr. Schreiber also noted that the bonded modifications to the Meghan's Lane subdivision were still not completed, though they had been promised by the end of May. He was not going to approve any house plans for that development until these matters were resolved. Councilor Mike Cheung asked whether the bond was sufficient to set things right, if necessary; Mr. Schreiber assured that it was. Mayor Ray McFall added that "they have a mess up there", referring to large grading and earthmoving operations being carried out without permit.

Councilor Jim Hudson reported meeting with the Streets Department and receiving its summary of the usual maintenance and repair tasks. He also reported the Street Commissioner's concern that illegal driveway construction was continuing in the Village, despite enforcement efforts.

OLD BUSINESS

NEW BUSINESS

Solicitor Russ Pry and Clerk-Treasurer Carol Zeman explained that the extra funds for the Akron-Cleveland Road bridge repairs would be handled by an amendment to the contractor's purchase order, up to $2310 as determined by the Village Engineer. Council's approval would be indicated by the members countersigning that PO.

Councilor Bill Goncy announced that the Nuisance Abatement Board was likely to meet soon to consider a decaying building at 5865 Akron-Cleveland Road, parcels 1300398 and 1300400. (Ed. note: these were sold in March 2005 to "First Street Properties" of Hudson, Ohio.) There was also a discussion on how to handle mowing off an overgrown lot on Beverly Road.

ADJOURN

FROM THE FINANCE COMMITTEE MEETING OF 24 May 2005

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Boston Heights Overlook and BostonHeights.Org are not affiliated with the Village of Boston Heights OH.

ORDINANCE R-2005 [Adopted as Ordinance 18-2005]	AN ORDINANCE ESTABLISHING RATES OF PAY FOR EMPLOYEES OF THE MUNICIPAL SWIMMING POOL AND DECLARING AN EMERGENCY. The new rates are retroactive to 22 May 2005, and are as follows: First year Lifeguard (Class 1): $8.00 /hr. 2nd and 3rd year Lifeguard (Class 2): $8.50 /hr. 4th year and and greater Lifeguard (Class 3): $9.00 /hr. Senior Lifeguards (Class 4): $9.50 /hr. Pool Manager (Class 5): $12.00 /hr.
ORDINANCE S-2005 [First Reading]	AN ORDINANCE CHANGING THE ZONING DISTRICT OF A CERTAIN PIECE OF PROPERTY LOCATED ON THE NORTH SIDE OF BOSTON MILLS ROAD EAST OF STATE ROUTE 8 (LEGAL DESCRIPTION ATTACHED AS EXHIBIT A) FROM ZONING DISTRICT OP TO ZONING DISTRICT GB. Omni Realty's (Boston Crossing's) request for rezoning, to allow a shopping center, was the subject of a Public Hearing just before this meeting. It had been suggested there that Council ought not to cut short the public's consideration and discussion of the matter, but should allow three readings of the rezoning ordinance. In most matters, Council usually votes to "suspend the rules" and dispense with the three readings of each ordinance otherwise required by ORC 731.17. In this case, the motion to do so failed 2-4, with Councilors Paul Palumbo and Jim Hudson voting to vote on the rezoning immediately, and Councilors Bill Goncy, Annette Miller, Mike Cheung and Janet Miller voting to wait for at least another reading at the next Council meeting. See also the matter of the development agreement conditionally approved by Council last month. Engineer Steve Schreiber reported, at the Public Hearing, that he had finally received, reviewed and approved a proper legal description of the property to be rezoned.
RESOLUTION S-2005 [Adopted as Resolution 20-2005]	A RESOLUTION REQUESTING QUALIFICATIONS FOR PROFESSIONAL DESIGN SERVICES FOR THE ADDITION TO THE VILLAGE OF BOSTON HEIGHTS FIRE DEPARTMENT. Last month, this matter was referred back to the Finance Committee primarily because Councilor Bill Goncy felt that the resolution had been improperly drawn, without properly asking including the possibility of a consolidated Public Safety facility instead of just a Fire Department addition. The resolution now asks for qualifications for design and architectural services for "design of pub[l]ic safety services buildings", and mentions "Fire Department/Safety Building". However, Mr. Goncy seemed not to be satisfied, as he voted "no" in this 5-1 vote for approval.
RESOLUTION V-2005 [Adopted as Resolution 21-2005]	A RESOLUTION HIRING AND APPOINTING RUSSELL M. PRY AS SOLICITOR FOR THE VILLAGE OF BOSTON HEIGHTS, OHIO. Mr. Pry has served as Village Solicitor for a number of years.
RESOLUTION W-2005 [Adopted as Resolution 22-2005]	A RESOLUTION ACCEPTING THE FINANCIAL STATEMENTS OF THE VILLAGE OF BOSTON HEIGHTS FOR THE MONTH OF APRIL, 2005. There was no mention of who on Council, if anyone, had actually reviewed the various financial statements.
RESOLUTION X-2005 [Adopted as Resolution 23-2005]	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. Thus begins another quixotic quest to obtain the money needed to refurbish (or replace) the decaying Akron-Cleveland Road bridge over the Bike and Hike Trail, south of Route 303. Councilor Mike Cheung asked how a resolution could be drawn as an emergency measure; Solicitor Russ Pry explained that this was the form requested by Summit County.
RESOLUTION Y-2005 [Adopted as Resolution 24-2005]	A RESOLUTION CONFIRMING THE APPOINTMENT OF LAURIE STODDARD TO FILL THE UNEXPIRED TERM OF KENNETH METZ ON THE BOARD OF ZONING APPEALS OF THE VILLAGE OF BOSTON HEIGHTS. Ms. Laurie Stoddard, of Colesbrooke Drive in Ashbrooke West, served on the Village's Board of Zoning Appeals a number of years ago. Mr. Metz has moved out of the village.