Village of Boston Heights: Council Meeting May-2006

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This is a publication of Boston Heights Overlook.
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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 - May 10, 2006 - 8:00 P.M.

AGENDA

[and Editor's Notes on Council Meeting.
Please note that these are not official minutes of the Council meeting.
Please contact the Village Hall to obtain a copy of the official minutes.]

[Note: Unless otherwise indicated, Council generally votes to "suspend the rules" and dispense with the three readings of each ordinance otherwise required by ORC 731.17. Recently Council began "suspending the rules" for resolutions as well.]

ROLL CALL

Council members present: Bill Goncy (President Pro Tempore), Mike Cheung, Teri Slane, Jim Hudson, Janet Miller, and Paul Palumbo.
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

No minutes of the April 2006 meeting were yet available.

CORRESPONDENCE

Mayor Ray McFall announced several upcoming Village events: 13 May 9AM, Park Cleanup; 20 May, Firefighter's Steak Dinner; 27 May, Boston Heights Day at the Akron Zoo (free tickets available at the Village Hall); 29 May 9AM, Memorial Day services at Fairview Cemetery.

AUDIENCE PARTICIPATION

Nick Kostandaris, local County Council representative, rose to convey "greetings from County Council". Mr. Kostandaris briefed the village elders on a proposed county-wide training facility for police and firefighers.

William Hinkle, of Boston Mills Road, pointed out a possible problem with Ordinance L-2006, to be considered this evening. The Village's agreement with the County Building Department excludes signs, but repealing all of Codified Ordinances Chapter 1385 would also remove all of the Village's own building code for signs. In addition, it would remove the fee structure for signs. After some nosing around in the Code with Council President Bill Goncy, Solicitor Russ Pry suggested that the ordinance could be amended to exclude the rescision of language pertaining to signs. Then the code could be cleaned up at a later date. Mr. Hinkle also asked whether the county building code had requirements for contractor registration similar to those being repealed in the Village's own code. Mr. Pry replied that the county building code did have such regulations. (See also related discussion from last month's meeting.)

LEGISLATION

ORDINANCE J-2006
(SECOND READING)

[Adopted as Ord. 10-2006]

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING CODE OF THE VILLAGE OF BOSTON HEIGHTS TO ADD A NEW CHAPTER 1181 ET SEQ. ENTITLED "RIPARIAN SETBACK."

Councilor Mike Cheung explained that some substantive changes had been made by the Planning Commission in response to the comments received at last month's Public Hearing, and that the PC had in fact recommended this version of the Riparian Setback Ordinance to Council. The ordinance was approved unanimously, and so will go into effect in 30 days.
(Why 'et seq.' when there is only one chapter to this ordinance?)

ORDINANCE L-2006

[Adopted as amended, as Ord. 11-2006]

AN ORDINANCE AMENDING CHAPTERS OF THE BUILDING CODE OF THE VILLAGE OF BOSTON HEIGHTS AND DECLARING AN EMERGENCY.

Reportedly, the agreement between the Village and Summit County, to have the County Building Department act for the Village, took effect on 1 May 2006. Apparently this arrangement applies to all buildings and structures (commercial and residential) except for signs. However, the Village's own existing Building Codes were still in effect as of this meeting. This measure repeals the bulk of the Village's building code and substitutes language that makes the current County codes apply within Boston Heights. An amendment (see above) added language to "except those issues that pertain to signs" (all of which is in Chapter 1385, principally CO 1385.09).

ORDINANCE M-2006

[Adopted as Ord. 12-2006]

AN ORDINANCE AMENDING CHAPTER 1313 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS TO ADD A NEW SECTION 1313.02 AND DECLARING AN EMERGENCY.

Solicitor Russ Pry explained that this measure placed enforcement of the Village's Property Maintenance Code in the hands of the Zoning Inspector and Village Engineer, as the County had no corresponding code.

ORDINANCE N-2006

[Adopted as Ord. 13-2006]

AN ORDINANCE AMENDING SECTION 1373.13 ~~3713.13~~ OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND DECLARING AN EMERGENCY.

Solicitor Russ Pry explained that this measure placed enforcement of the Village's Fire District Code in the hands of the Fire Chief instead of the Building Inspector. It was pointed out that the ordinance referred to 3713 instead of 1373; Mr. Pry dismissed this as a typographical error that would be corrected later.

ORDINANCE O-2006

[Adopted as Ord. 14-2006]

AN ORDINANCE AMENDING SECTION 1379.02 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND DECLARING AN EMERGENCY.

This measure places inspection of possible nuisance properties in the hands of the Zoning Inspector (CO 1379.02(a)) instead of the Building Inspector, and replaces the Building Inspector with the with the Fire Chief on the Nuisance Board (CO 1379.02(d)).

RESOLUTION Y-2006

[Adopted as Resolution 25-2006]

A RESOLUTION ACCEPTING THE FINANCIAL STATEMENTS OF THE VILLAGE OF BOSTON HEIGHTS FOR THE MONTH OF APRIL, 2006

Councilor Janet Miller zealously reported that she had, in fact, reviewed these statements.

RESOLUTION Z-2006

[Adopted as Resolution 26-2006]

A RESOLUTION APPOINTING THE MEMBERS TO THE VILLAGE OF BOSTON HEIGHTS TAX INCENTIVE REVIEW COUNCIL.

The appointees are Mayor Ray McFall, Council President P-T Bill Goncy, Clerk-Treasurer Carol Zeman, and two other residents: James Bragg and William Hinkle. The Tax Incentive Review Council, which also includes county and school board members, reviews compliance with tax abatement agreements. Currently the only such agreement is with McLean Co. on Chittenden Road.

Councilor Teri Slane voted against both "suspending the rules" and against this resolution itself; all other council members voted for both. However, Ms. Slane later explained that she had not intended to vote against this resolution, having mistaken it for Res. AA-2006 (about which she later changed her mind, after hearing further commentary: see below).

RESOLUTION AA-2006

[Adopted as Resolution 27-2006]

A RESOLUTION TO OPPOSE CONSTITUTIONAL TAX AND EXPENDITURE LIMITATION PROPOSALS.

Solicitor Russ Pry asserted that this proposed amendment to the Ohio Constitution would undercut the ability of Ohio municipalities to control their own finances. Clerk-Treasurer Carol Zeman suggested that, under this provision, if the Village found itself with an unbudgeted surplus at year's end, it would have to hold a special election to authorize spending that money. Councilor Mike Cheung opined that Colorado's similar measure had been an abject failure.
(Ed. Note: This "Ohio TEL Amendment" is the subject of a referendum vote in November 2006, and is championed by gubenatorial candidate and current Sec'y of State Kenneth Blackwell. Some commentators claim that this amendment would undercut the "home rule" provision of the Ohio Constitution, among other objections. Others feel that it would effectively control runaway governmental spending.)

This resolution was adopted by unanimous vote of Council. See note above re: Ms. Slane's vote.

RESOLUTION BB-2006

[Adopted as Resolution 28-2006]

A RESOLUTION AUTHORIZING THE CLERK-TREASURER TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF A NEW ADDITION TO THE VILLAGE'S FIRE DEPARTMENT.

Councilor Bill Goncy voted against "suspending the rules" and against this resolution. All other members of Council voted for it.

The proposed addition to the Fire Station will extend the building to the right (east), adding about 3500 sq.ft. including a new truck bay and additional offices, bathrooms, lockers and storage areas. The architect's cost estimate is $225,000 to $250,000 plus alternate bid adders.

COMMITTEE REPORTS

Councilor Mike Cheung reported on the Planning Commission & Board of Zoning Appeals meeting of 3 May 2006. The next PC/BZA meeting will be Wednesday, 7 June 2006, 7PM at the Village Hall.

Council President (Pro Tempore) Bill Goncy reported on a variety of fronts:

He had reviewed the March and April 2006 Mayor's Court reconciliations.
He had attended the AMATS Annual Meeting, and heard the County Engineer's presentation on roundabouts, one of which is soon to be built in Copley.
He had attended a Summit County Storm Water Management meeting, and heard a presentation on raingardens and how they might be useful in cul de sac center islands in reducing drainage to the roadway.
He and Mayor McFall had met with Mayor Kuchta of Macedonia to convey the Village's concerns about future traffic impacts from the professional soccer stadium and retail center proposed north of Twinsburg. Reportedly, Mayor Kuchta was unaware of the limited interchange ODOT plans for Hines Hill Road and would discuss that with his City Engineer. Mayor Kuchta mentioned that his city was asking the developers to build a satellite fire station on Twinsburg Road, which might be of benefit to Boston Heights as well.
Further regional fire department coordination meetings were delayed.
The Park Board had met and reviewed a proposed new agreement for rental of the pavilion, with the goal of making clear the alcohol ban and cleanup requirements.
EQ Systems, the cleanup contractor for the Krejci Dump site in Boston Township, reports that they expect to complete all waste outhauling this year. (Waste trucks are routed through Boston Heights along Hines Hill Road.) Replanting and wetlands remediation is planned for 2007. It was noted that the current road use bond expired in September, at which time some monies might be available for repairs. Mayor McFall mentioned that an increase in the bond might be sought due to increased costs of road repair materials. In response to a question from William Hinkle in the audience, Mr. Goncy said that the contractor had been conducting ongoing toxic material testing, but was unsure whether specific testing, promised for Boston Heights residents, had been conducted as yet.

Mayor Ray McFall reported that ODOT is predicting a Summer 2008 start on Phase I (North section) of the Route 8 upgrade project. There was some inconclusive discussion as to whether this constituted a change from the original schedule, and on ODOT's fiscal vs. calendar year. Road Department Supervisor Jim Robinson pointed out from the audience that ODOT's fiscal 2008 starts in mid-2007; Councilor Mike Cheung thought it unlikely that anyone would be referring to "summer" of an offset fiscal year, and so the calendar year was probably meant. Councilor Bill Goncy added that preparatory activity was already underway, prior to the main construction project.

Village Engineer Steve Schreiber had a variety of reports:

He asked that the Road Committee meet to discuss a ditch enclosure proposed in Wooded View Estates, and to also review the road inventory (to determine repair priorities. (Note: this meeting was later arranged for 23 May 2006, 6PM at the Village Hall.)
He reported that discussions were ongoing with ODOT regarding takes and impact on the Village's Fairview Cemetery, on Boston Mills Road. Road Department Supervisor Jim Robinson mentioned that he had spent a day with ODOT's contractor searching the cemetery for graves with an ultrasound device.
He had received unsatisfactory responses from the low bidder for the Village Hall septic system project, with respect to requests for documentation of liability insurance and workers' compensation insurance. Mr. Schreiber stated that given these responses, he would not recommend awarding the bid to this contractor. Unfortunately, the next bidder's price was so much higher that Clerk-Treasurer Carol Zeman felt there were insufficient funds to complete the project. Mr. Schreiber suggested further discussion at the next Finance Committee meeting.
He stated that the Cuyahoga Valley National Park had denied the Village's application for funds to repave part of West Boston Mills Road, but had funded a separate application for funds to repave "Bike Trail West". Road Department Supervisor Jim Robinson stated that this was different what what he had been told, and no one seemed quite certain what this second project was, exactly.

Councilor Janet Miller reported on a meeting of the Cemetery Trustees, and noted that the Solicitor had determined that the legal owner of Fairview Cemetery was still Boston Township, not Boston Heights Village. She also mentioned the ODOT takes previously discussed by the Engineer. On a different front, Mrs. Miller reported that she was working documenting goals for the new Economic Development Committe, with regard to job retention and so forth. She anticipates scheduling monthly meetings of this committee.

Councilor Paul Palumbo reported that the Police Department now had second motorcycle courtesy of the local Harley-Davidson dealer, with additional financial assistance from resident Ed Kuchar. Mr. Palumbo also reported that Police Officer Lou Keller was to take training as a firearms instructor. He added that the PD had been participating in a safety eduction program for high school students, down at Blossom Music Center.

OLD BUSINESS

Solicitor Russ Pry reported that further negotiations had yielded an improved buyout offer for the Village's cellphone leases -- not only more up-front money, but also retaining the split of future fee adders. This would be further discussed at the next Finance Committee meeting. It was also noted that a Special Meeting of the Finance Committee was scheduled for 13 June 2006, 7PM at the Village Hall -- this to consider bids for the proposed Fire Station addition.

NEW BUSINESS

Council President Pro Tempore Bill Goncy reported that the Engineer had been asked to request that AMATS perform another round of traffic counts within the Village, in anticipation of traffic changes during the Route 8 upgrade project.

ADJOURN

Some documents are Public Domain Information from the Village of Boston Heights OH or other public entities.
Other materials Copyright 2001-2006 W.J.Hinkle and Boston Heights Overlook
Boston Heights Overlook and BostonHeights.Org are not affiliated with the Village of Boston Heights OH.

ORDINANCE J-2006 (SECOND READING) [Adopted as Ord. 10-2006]	AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING CODE OF THE VILLAGE OF BOSTON HEIGHTS TO ADD A NEW CHAPTER 1181 ET SEQ. ENTITLED "RIPARIAN SETBACK." Councilor Mike Cheung explained that some substantive changes had been made by the Planning Commission in response to the comments received at last month's Public Hearing, and that the PC had in fact recommended this version of the Riparian Setback Ordinance to Council. The ordinance was approved unanimously, and so will go into effect in 30 days. (Why 'et seq.' when there is only one chapter to this ordinance?)
ORDINANCE L-2006 [Adopted as amended, as Ord. 11-2006]	AN ORDINANCE AMENDING CHAPTERS OF THE BUILDING CODE OF THE VILLAGE OF BOSTON HEIGHTS AND DECLARING AN EMERGENCY. Reportedly, the agreement between the Village and Summit County, to have the County Building Department act for the Village, took effect on 1 May 2006. Apparently this arrangement applies to all buildings and structures (commercial and residential) except for signs. However, the Village's own existing Building Codes were still in effect as of this meeting. This measure repeals the bulk of the Village's building code and substitutes language that makes the current County codes apply within Boston Heights. An amendment (see above) added language to "except those issues that pertain to signs" (all of which is in Chapter 1385, principally CO 1385.09).
ORDINANCE M-2006 [Adopted as Ord. 12-2006]	AN ORDINANCE AMENDING CHAPTER 1313 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS TO ADD A NEW SECTION 1313.02 AND DECLARING AN EMERGENCY. Solicitor Russ Pry explained that this measure placed enforcement of the Village's Property Maintenance Code in the hands of the Zoning Inspector and Village Engineer, as the County had no corresponding code.
ORDINANCE N-2006 [Adopted as Ord. 13-2006]	AN ORDINANCE AMENDING SECTION 1373.13 ~~3713.13~~ OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND DECLARING AN EMERGENCY. Solicitor Russ Pry explained that this measure placed enforcement of the Village's Fire District Code in the hands of the Fire Chief instead of the Building Inspector. It was pointed out that the ordinance referred to 3713 instead of 1373; Mr. Pry dismissed this as a typographical error that would be corrected later.
ORDINANCE O-2006 [Adopted as Ord. 14-2006]	AN ORDINANCE AMENDING SECTION 1379.02 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND DECLARING AN EMERGENCY. This measure places inspection of possible nuisance properties in the hands of the Zoning Inspector (CO 1379.02(a)) instead of the Building Inspector, and replaces the Building Inspector with the with the Fire Chief on the Nuisance Board (CO 1379.02(d)).
RESOLUTION Y-2006 [Adopted as Resolution 25-2006]	A RESOLUTION ACCEPTING THE FINANCIAL STATEMENTS OF THE VILLAGE OF BOSTON HEIGHTS FOR THE MONTH OF APRIL, 2006 Councilor Janet Miller zealously reported that she had, in fact, reviewed these statements.
RESOLUTION Z-2006 [Adopted as Resolution 26-2006]	A RESOLUTION APPOINTING THE MEMBERS TO THE VILLAGE OF BOSTON HEIGHTS TAX INCENTIVE REVIEW COUNCIL. The appointees are Mayor Ray McFall, Council President P-T Bill Goncy, Clerk-Treasurer Carol Zeman, and two other residents: James Bragg and William Hinkle. The Tax Incentive Review Council, which also includes county and school board members, reviews compliance with tax abatement agreements. Currently the only such agreement is with McLean Co. on Chittenden Road. Councilor Teri Slane voted against both "suspending the rules" and against this resolution itself; all other council members voted for both. However, Ms. Slane later explained that she had not intended to vote against this resolution, having mistaken it for Res. AA-2006 (about which she later changed her mind, after hearing further commentary: see below).
RESOLUTION AA-2006 [Adopted as Resolution 27-2006]	A RESOLUTION TO OPPOSE CONSTITUTIONAL TAX AND EXPENDITURE LIMITATION PROPOSALS. Solicitor Russ Pry asserted that this proposed amendment to the Ohio Constitution would undercut the ability of Ohio municipalities to control their own finances. Clerk-Treasurer Carol Zeman suggested that, under this provision, if the Village found itself with an unbudgeted surplus at year's end, it would have to hold a special election to authorize spending that money. Councilor Mike Cheung opined that Colorado's similar measure had been an abject failure. (Ed. Note: This "Ohio TEL Amendment" is the subject of a referendum vote in November 2006, and is championed by gubenatorial candidate and current Sec'y of State Kenneth Blackwell. Some commentators claim that this amendment would undercut the "home rule" provision of the Ohio Constitution, among other objections. Others feel that it would effectively control runaway governmental spending.) This resolution was adopted by unanimous vote of Council. See note above re: Ms. Slane's vote.
RESOLUTION BB-2006 [Adopted as Resolution 28-2006]	A RESOLUTION AUTHORIZING THE CLERK-TREASURER TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF A NEW ADDITION TO THE VILLAGE'S FIRE DEPARTMENT. Councilor Bill Goncy voted against "suspending the rules" and against this resolution. All other members of Council voted for it. The proposed addition to the Fire Station will extend the building to the right (east), adding about 3500 sq.ft. including a new truck bay and additional offices, bathrooms, lockers and storage areas. The architect's cost estimate is $225,000 to $250,000 plus alternate bid adders.