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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 13, 2005 - 8:00 P.M.

AMENDED AGENDA

[and Editor's Notes on Council Meeting.]

[with notes from the Finance Committee Meeting of 28 June 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

The original agenda had apparently been changed at the last minute, adding Resolution BB-2005; see below.

MINUTES PRESENTED FOR CHANGE, CORRECTION OR ADOPTION

Minutes of the June 2005 meeting were approved.

CORRESPONDENCE

Village Solicitor Russ Pry addressed a recent uproar over errors in past township annexations in Summit County. A recent opinion from the Ohio Attorney-General's office seemed to indicate that hundreds of such annexations, ranging over the past forty years, were not completed properly -- leaving the ex-township property owners subject to double taxation and dual voting rights. Mr. Pry reported that the County was holding a seminar for all municipal solicitors to hash this matter out. His office will specifically research the matter of the so-called "Adesa annexation", where a portion of Northfield Center Township was annexed to the Village in 1993 (see Summit County Ordinance 93-509).
For more information, see these references:
** An Akron-Beacon Journal article on this (quoting Mr. Pry): "Annexations leave residents in dual worlds"
** The actual decision by State AG Petro that sparked all this mayhem: Ohio Attorney-General Opinion No. 2005-024
** The relevant part of the Ohio Revised Code: ORC 503.07 "Conformity of boundaries"

Clerk-Treasurer Carol Zeman reported that a resident had brought to her attention the upcoming public meeting on the Krejci Dump cleanup, to be held by the Cuyahoga Valley National Park on 20 July 2005, 7PM, at the Happy Days Visitors' Center on Route 303 in Boston Heights. Mrs. Zeman stated that the Village's Road Superintendent (Jim Robinson) had been informed, since trucks were likely to be routed through the Village during the cleanup. The Krejci Dump is an EPA Superfund toxic waste site located just outside the Village of Boston Heights, in the CVNP. The cleanup plans for this dump have been pending for a number of years already.

Mrs. Zeman also reported that Police Chief Joe Varga and Sgt. Heatwall would be attending NIMS training in late August. Chief Varga had reported at a recent committee meeting that this training was free except for manpower costs. The National Incident Management System (NIMS) is intended to be a consistent cross-jurisdictional system for coordination of response efforts during an emergency.

AUDIENCE PARTICIPATION

William Hinkle, of Boston Mills Road, had a number of questions on various topics:
First, he wished to know when, after Council passed an ordinance, a citizen could obtain a "true and exact reproduction of the original ordinance". Clerk-Treasurer Carol Zeman and Solicitor Russ Pry were unable to pinpoint this timetable, suggesting 2-4 weeks might be typical. Mr. Pry added that if there was a specific request, a copy could be expedited by his office.
Mr. Hinkle also wished to know whether there had been any progress on administrative efforts to have Omni Turnpike LLC remove the obsolete freestanding signs from the demolished hotel at Hines Hill and Route 8. Mr. Hinkle noted that, in addition to the demolition project, this was required by the Village's Sign Code. Greg Baka of Omni Realty, who was in the audience, stated that his company expected to put up a new banner on the existing support frame, presumably to announce their development plans for the site. He assured the Village that this would be performed legally, and that the existing sign (signs?) would be removed in any case, likely sometime next week. In response to a further question from the Mayor, Mr. Baka stated that a contractor had been engaged to fill the old hotel basement and clear and grade the large mounds of soil left on the site. This work, he said, should take place within two weeks.
Finally, Mr. Hinkle asked if, in light of the alleged criminal activity in the Village Hall, the Village administration had any plans for improved procedures to forestall any future incidents. Mayor McFall responded with regret about the former employee who was implicated in this matter, but neither he nor any other Village official could report any improved methods or auditing.

Chuck Robinson, of Olde Eight Road, complained of skyrockets landing on his outbuildings, presumably during July 4th festivities. He asked that the Village enforce the laws against illegal fireworks. Mayor McFall said he would speak to the Police Chief about this.

LEGISLATION

ORDINANCE S-2005 [Adopted as Ord. 19-2005]	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 last month. This ordinance received its first reading at the Council meeting immediately following. This month, a motion by Councilor Paul Palumbo to suspend the rules (dispensing with the third reading) was unanimously approved. A motion to adopt the zoning change was placed on the table by Mr. Palumbo, seconded by Councilor Jim Hudson. George Smerigan and Greg Baka, for the developer, took this opportunity to show an artist's concept of the main retail strip proposed for the shopping center on this site. They noted, however, that this was entirely provisional, indicating the "quality" of the project, and not a guarantee that the final architecture would look anything like it. George Rudy, owner of an adjacent home on Boston Mills Road asked whether the Village had actually calculated the revenue to be gained from this shopping center / office development versus the expected public costs for safety forces and traffic handling. Councilor Janet Miller mentioned some numbers previously offered by the developer (apparently referring to a report that accompanied a previous, separate proposal by the same developer). Councilor Mike Cheung also replied, stating baldly that no such analysis had been performed. The question was then called, and the ordinance to rezone this property, northeast of Route 8 and Boston Mills Road, was adopted 5-1, with Councilor Bill Goncy voting "no" and all other Council members "yes". The new zoning district will then go into effect in 30 days, around 12 August 2005. This rezoning presumably brings the approved development agreement into effect at the same time. It is expected that the developer will now exercise its purchase option on the property, which includes additional land north of the Turnpike, to the east of Liberty Harley-Davidson on Hines Hill Road.
ORDINANCE T-2005 [Adopted as Ord. 20-2005]	AN ORDINANCE AMENDING CHAPTER 1101.05 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND DECLARING AN EMERGENCY. This ordinance enacts new fees for various zoning permits, as recommended by the Planning Commission in conjunction with its new application form.
RESOLUTION Z-2005 [Adopted as Resolution 24-2005]	A RESOLUTION AUTHORIZING THE CLERK-TREASURER TO ADVERTISE FOR BIDS FOR THE INSTALLATION OF A NEW SEPTIC SYSTEM FOR THE VILLAGE HALL COMPLEX OF THE VILLAGE OF BOSTON HEIGHTS. Long in the offing, this project appears to finally have gotten past the EPA regulatory bottlenecks, through engineering design, and on to bidding. It will provide a common septic system for the Village Hall, Police Station, maintenance buildings, and Fire Station -- and hopefully end the sewer backups reported to be all too common.
RESOLUTION AA-2005 [Adopted as Resolution 25-2005]	A RESOLUTION ACCEPTING THE FINANCIAL STATEMENTS OF THE VILLAGE OF BOSTON HEIGHTS FOR THE MONTH OF MAY, 2005. There was no mention of who on Council, if anyone, had actually reviewed the various financial statements.
RESOLUTION BB-2005 [Adopted as Resolution 26-2005]	A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH INTERSTATE TOWING AND TRANSPORT SPECIALIST, INC. FOR THE REMOVAL AND STORAGE OF CERTAIN EQUIPMENT, VEHICLES, MATERIALS, AND TRAILERS FROM REAL PROPERTY LOCATED AT 6367 CHITTENDEN ROAD, HUDSON, OHIO 44236. This measure seems to be associated with a long-running legal dispute between the Village and the owner of the so-called "Cerny property" on Chittenden Road. For more information, please look up the Stipulated Entry of 17 May 2005 for Civil Case CV-1997-10-5421 as noted in the Summit County Clerk of Courts website.

COMMITTEE REPORTS

Councilor Mike Cheung reported on the Planning Commission and Board of Zoning Appeals meeting of 6 July 2005. The BZA approved a conditional use and several variances, and enacted a 15-day deadline for future applications. The PC approved several site/use plans.
The next PC/BZA meeting will be Wednesday, 3 August 2005 at 7PM.

Council President (Pro Tempore) Bill Goncy reported that he had reviewed the Mayor's Court bank reconciliations for May and June 2005, and remarked on a number of regional meetings and activities.

Mr. Goncy reported that the Park Board had met recently, and slated a Community Flea Market for Saturday, 13 August 2005, at Matthews-Thomas Park. Vendors must register at the Village Hall; there is a $5 fee to rent a table. The Park Board reports that 47 Village residents took part in the Father's Day Pancake Breakfast last month. The Board hopes to raise money to buy and install park benches around the pavilion.

Mr. Goncy noted that AMATS had conducted a traffic count survey on Olde Eight Road, a few weeks ago. This was an effort to establish a baseline traffic count in advance of the Route 8 upgrade project scheduled to begin next year. It is hoped that if Olde Eight traffic increases markedly, the Village might be able to recover some costs or get assistance in traffic control.

Mr. Goncy also reported that, while there was no meeting of the Route 8 Marginal Road Stakeholders this past month, there would be one on Thursday, 4 August 2005 at 7PM, Macedonia City Hall (usually in the basement meeting room). These ongoing meetings, hosted by the Summit County Engineer, are attempting to help plan and promote a marginal access road to run parallel to and just east of Route 8, from Hines Hill Road to Twinsburg and on to Highland Road.

Exanding on earlier remarks by Clerk-Treasurer Zeman, Mr. Goncy reiterated that a public meeting would be held on the Krejci Dump cleanup in adjacent Boston Township. He added that the planned truck route is along Hines Hill Road, to Olde Eight, and thence to Route 8 and the freeways. (Presumably the Village will ensure that the usual bonds are in place to ensure against road damage).

Mr. Goncy reminded his colleagues that the next Finance Committee meeting will be on the 4th Tuesday of this month: 26 July 2005, 7PM at the Village Hall.

Councilor Jim Hudson reported meeting with the Streets Department and receiving its summary of the usual maintenance and repair tasks. In particular, there was an extended discussion about manpower allocation in the department. He also reported the Street Commissioner's concern that illegal culvert construction (that is, ditch filling) was continuing in the Village, despite enforcement efforts.

Village Engineer Steve Schreiber reported that the Village's current Issue 2 application for repair of the Akron-Cleveland Road bridge, has been received. He should hear how it fared sometime in September. He is also compiling a punch list of final tasks for the contractor who performed the temporary repairs on that bridge, last month.
He noted that the long-awaited removal of the illicit concrete pavement in the Meghan's Lane subdivision had begun, and that the as-built drawings for Annabelle Lake Estates had been received from the developer.

Mayor Ray McFall mentioned that Akron Beacon Journal columnist Bob Dyer had called again, asking for an update on the speed limit around the Akron-Cleveland Road Bridge. Mr. Dyer had written a short item lambasting the Village for dropping the speed limit from 45MPH to 25MPH. He had written a followup item reporting that this change was related to repairs on the bridge, but quoting the Mayor as pledging to restore the old limit after repairs were complete. Mayor McFall reported that he had told Mr. Dyer that the speed limit along this section of roadway was not being changed back "at this time", due to the Village Engineer's recommendation to retain the lower limit in the interest of preserving the bridge structure until full-scale refurbishment could take place. Mr. Dyer has since written yet another followup item relating this conversation, and reporting the Mayor's intention to review the matter after some additional surface planing was done on the repaired concrete.

OLD BUSINESS

NEW BUSINESS

ADJOURN

FROM THE FINANCE COMMITTEE MEETING OF 28 June 2005

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