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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 - October 12, 2005 - 8:00 P.M.

AGENDA

[and Editor's Notes on Council Meeting.]

[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, (Deputy) Solicitor Jason Dodson, and Engineer Steve Schreiber.

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

MINUTES PRESENTED FOR CHANGE, CORRECTION OR ADOPTION

Minutes of the September 2005 meeting were approved.

CORRESPONDENCE

Mayor Ray McFall announced the Park Board's Halloween party for the Village's children, to be held at Matthews-Thomas Park on 22 October 2005, 12-2PM. The Mayor also noted that Trick-or-Treat in the Village would be held on Halloween, 31 October 2005, from 6-8PM. He also mentioned the Park Board's Senior Dinner on 19 November and Santa Delivery on 18 December.

AUDIENCE PARTICIPATION

Barb Jones, of the County of Summit Board of Mental Retardation and Developmental Disabilities (CSBMR/DD), gave a presentation in favor of the upcoming 4.5mil MRDD levy. This is an increase from the current 3.61mil levy, or about $81 more per year for a $200K home. The additional funds would, among other things, go to providing more services and housing for disabled people on the board's long waiting list.

Joe Rock, of 300 Parkside Court in Wooded View Estates, complained that he had seen no progress in three years of complaints about water drainage problems at his property. Village Engineer Steve Schreiber replied that he had looked into the matter and found that the problems were due to a neighboring property being improperly graded when that home was built; since the source of the problem was on private property, the Village could not act on it. He added that he had in fact checked with the Village Solicitor and had not received any legal authorization to act. Deputy Solicitor Jason Dodson (sitting in for Russ Pry) suggested that this might be a legal matter between two private parties, and Mr. Rock might want to consult his own legal counsel. Councilor Bill Goncy asked whether the builder had any current activity in the Village; Mr. Schreiber replied that while the neighborhood developer was still active, this particular builder had been contracted directly by the adjacent homeowner and was not currently active in the Village. Mr. Goncy asked how the Village could help in this case, given that it apparently had not enforced executation of the original grading plans. Mr. Dodson reiterated his suggestion that it was Mr. Rock's legal problem, not the Village's. Mr. Schreiber added that a viable homeowner's association might have the legal standing to ask the Village for assistance, but there was in fact no legal association of that type in Wooded View Estates. From the audience, Zoning Inspector David Himes asked what recourse the Village has, in these cases, for enforcement and accountability as to the site plans. Mr. Dodson replied that the newly-revised Certificate of Zoning Compliance is supposed to address this sort of problem. From the audience, Bill Hinkle pointed out that the C.Z.C. was specifically revised to apply only to commercial development, not to residential development. Mr. Dodson agreed that this might be the case, but that perhaps the building code Certificate of Occupancy might somehow fill the gap (Ref. CO Chapter 1375). Councilor Mike Cheung asked what the Village's time window was for enforcing compliance in these matters; Mr. Dodson replied that it was essentially until the Village granted permission for occupancy. Mayor Ray McFall pointed out that new homeowners frequently move into their new homes without clearing occupancy with the Village. Mr. Himes further pointed out that, as Zoning Inspector, he was not qualified or equipped to determine compliance with grading plans. Mr. Dodson said that, while this matter was covered for commercial development, he'd look further into the matter of residential development.

Eugene Keaveny, owner of a lot in the 6561 block of Wooded View, complained of a leaking water main in front of his property, and that his request for a ditch culvert had been stalled. He noted that he had been waiting 3 months on the water leak, and 15 months on the culvert. Village Engineer Steve Schreiber explained that the Village Council was still "considering" ditch enclosure rules and had not acted; therefore these installations were all on hold. From the audience, Street Commissioner Jim Robinson reported that Cleveland Water had inspected and not found any leak in the water mains up to the "curb box". Mr. Keaveny and Councilor Bill Goncy both stated that they had seen water coming out of the shutoff box (it was not clear if these were the same). Mr. Robinson said that, since the Village was responsible for repairs to its water mains, Cleveland Water would not do any digging until Council had authorized payment. Mr. Schreiber stated that he would contact Cleveland Water to get a report on their inspection and get the status of this matter.

LEGISLATION

ORDINANCE X-2005 [Second Reading]	AN ORDINANCE AMENDING CHAPTERS 141.01 AND 141.02 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS RENAMING THE STREET COMMISSIONER TO ROAD DEPARTMENT SUPERINTENDENT, ADJUSTING THE GENERAL DUTIES AND DECLARING AN EMERGENCY. This ordinance has been in and out of committee for several months; the intention is apparently to formalize the division of duties between the Street Commissioner (now Jim Robinson) and the Village Engineer (now Steve Schreiber of ACLA). This was stalled last month due to objections from Mayor Ray McFall. Apparently this draft of the ordinance, which added employment protection for the Road Department Superintendent, was still not quite satisfactory: Councilor Bill Goncy and Council Mike Cheung both voted against "suspending the rules" and so this was left as a Second Reading of the ordinance.
ORDINANCE Y-2005 [Second Reading]	AN ORDINANCE AMENDING CHAPTER 143 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS TO CLARIFY THE DUTIES OF THE VILLAGE ENGINEER AND DECLARING AN EMERGENCY. As this ordinance was coupled with Ord. X-2005, above, it too was left as a Second Reading.
ORDINANCE Z-2005 [Adopted as Ord. 23-2005]	AN ORDINANCE AMENDING THE PERMANENT ANNUAL APPROPRIATIONS (ORDINANCE 5-2005) FOR THE VILLAGE OF BOSTON HEIGHTS FOR THE YEAR 2005 AND DECLARING AN EMERGENCY. The title and text of this ordinance appears to be in error, as this year's permanent annual appropriations ordinance was Ord. 8-2005.
ORDINANCE AA-2005 [Adopted as Ord. 24-2005]	AN ORDINANCE AMENDING CHAPTER 333.03(b)(11) OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS TO REDUCE THE SPEED LIMIT ON HINES HILL ROAD TO 25 MILES PER HOUR AND DECLARING AN EMERGENCY. This ordinance drops the speed limit on Hines Hill Road, from Route 8 to the western border of Boston Heights, to 25MPH. Previously, only the road along the golf course was 25MPH; the rest toward Wooded View was 35MPH. This is intended to increase safety on the roadway while very large and frequent trucks are hauling toxic materials out of the Krejci Dump in Boston Township. However, the limit applies to all vehicles, not just these trucks! By state law, the new limit must be posted for 30 days before it takes effect.
RESOLUTION II-2005 [Adopted as Resolution 33-2005]	A RESOLUTION ACCEPTING THE FINANCIAL STATEMENTS OF THE VILLAGE OF BOSTON HEIGHTS FOR THE MONTH OF AUGUST, 2005. Councilor Janet Miller made a point of mentioning that she had, in fact, reviewed these statements.
RESOLUTION JJ-2005 [Adopted as Resolution 34-2005]	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 FISCAL OFFICER. This ordinance accepts the 2006 tax rates determined by the Summit County Budget Commission, and Fiscal Officer.
RESOLUTION KK-2005 [Adopted as Resolution 35-2005]	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 FISCAL OFFICER. At the September Finance Committee meeting, Police Chief Joe Varga reported that this car was in such condition that it was no longer usable as a police cruiser. This authorizes him to unload it. Council and the Clerk-Treasurer have not yet come up with the funds to replace it, however.

COMMITTEE REPORTS

Councilor Mike Cheung reviewed the actions of the the Planning Commission meeting of 5 October 2005. In particular, he pointed out that the BZA had granted a conditional use permit, and the PC had reviewed and approved the site plan, for MPH, a motorcycle shop at the south end of the Village. Another business in that same building, Lorillard Tobacco, was a no-show for the second month in a row. The PC had also approved a site plan for the Cerny property on Chittenden Road "with fairly extensive conditions revolving around the Village Engineer's approval of the way they were handling the drainage, mostly". [clarifying edit added 31-Mar-2012/WJH audio here] The next PC/BZA meeting will be Wednesday, 2 November 2005 at 7PM.
Mayor Ray McFall added that Village Solicitor Russ Pry was meeting with Mr. Cerny and Tony Ulmina to try to sort out the three-way legal conflict between those two neighbors and the Village.

Council President (Pro Tempore) Bill Goncy did not give his usual report on the Mayor's Court bank reconciliation, but did report on a number of regional meetings and activities.

Mr. Goncy said he had attended a meeting for the Storm Water Management Program. He added that the Village would need to approve funding in Spring 2006 so that a crew from the Summit County Engineer could perform mandatory "outfall" mapping in the Village.

Mr. Goncy also attended an AMATS meeting, wherein nothing new transpired. It was, however, confirmed that Phase 1 of the Route 8 upgrade project would being next year.

Mr. Goncy reported that he and Mayor McFall had attended this month's Route 8 Marginal Road Stakeholders meeting. He reiterated that the owner of much of the land between Hines Hill and Twinsburg Roads, was planning to conduct his own wetlands study of that area, and had offered to make that report available to the County.
(Ed. Note: The owner is "Five J CTMS Ltd.", headed by Joseph Mangione of San Antonio, Texas -- a real estate and shopping center developer. As of this writing, the owner is still in arrears for all of the 2004 property tax payments due on this land: parcels #1400409 and #1300899.)

Village Engineer Steve Schreiber reported that the punch list for the Akron-Cleveland Road bridge repair project had been completed by the contractor. There was no further word on his views as to whether the original higher speed limit should now be restored on that section of roadway.

Mr. Schreiber noted that his letter to Karvo Paving on overdue crack sealing had still not elicited a reply. He had sent a letter to the developer of the Wellington Court extension in Annabelle Lake Estates regarding problems with the re-seeding along the roadway. He has still not found any installers interested in quoting on the new Village Hall septic system, even with the Village providing all materials as planned. He added that the EPA permit was good until next spring, but that he would request an extension if necessary. Mr. Schreiber further noted that there were two houses started in the new Meghan's Lane development, even though gas mains had not been run there. He is still working on a budget for the new traffic light at Route 303 and Route 8's ramp at Chittenden Road, and is negotiating with Hudson over costs and synchronization. He also pointed out that a new Zoning Map was posted in the Village Hall.

Councilor Jim Hudson relayed Mr. Robinson's report on the usual doings of the Road Department, including his concerns about un-permitted landscaping and road work in Meghan's Lane. There are also some issues with maintenance of the Village's pool that the department is addressing.

Councilor Janet Miller announced that Fire Chief Jim Robinson had received a "Firefighter of the Year" award from his peers in Summit County. As Chief Robinson was in attendence, this elicited a round of applause from the audience.

Councilor Paul Palumbo mentioned that the Park Board is looking for volunteers.

OLD BUSINESS

NEW BUSINESS

Councilor Janet Miller reported that she had met with the new manager of the BP Oil station at Boston Mills Road and Route 8. She stated that she politely rebuffed an offer of discounts for the Village's police officers and staff.

Village Engineer Steve Schreiber asked that Council once again address the issue of ditch culvert enclosure at its next Finance Committee meeting (25 October 2005).

Mayor Ray McFall reported that over-large for-sale signs had appeared on the property along Boston Mills Road that is slated for Omni's shopping/office center. Noting complaints from nearby residents, he would ask the developer to bring the signs into compliance. There appeared to be no progress on Omni's refusal to remove the large signs and structures formerly associated with the now-demolished hotel on the north side of the Turnpike.

ADJOURN