Village of Boston Heights: Council Meeting August-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 - August 9, 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.
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, Jim Hudson, Janet Miller, and Paul Palumbo. Teri Slane was absent.
Also present: Mayor Ray McFall (presiding), Clerk-Treasurer Carol Zeman, Deputy Solicitor Jason Dodson, and Engineer Steve Schreiber.

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

On a motion by Councilor Mike Cheung, Resolution QQ-2006 was removed from the meeting's agenda. The amended agenda was then adopted. See below for more on this matter.

MINUTES PRESENTED FOR CHANGE, CORRECTION OR ADOPTION

No minutes of the July 2006 meeting were received.

CORRESPONDENCE

Mayor Ray McFall reported:

The Park Board would be hosting a Village Flea Market this Saturday at Matthews Thomas Park: 12 August 2006, 9AM-3PM. There are reported to be about 18 vendors signed up.
ODOT had agreed to erect a long-discussed traffic light on Route 303 at the foot of the northbound Route 8 ramp, and Chittenden Road -- but not until 2007. The state will pay the entire bill for installation. There had been previous mention of discussion with ODOT and City of Hudson as to coordination of this signal with those at Terex Road and at Akron-Cleveland Road, and as to future cost sharing. No recent report has been made on those discussions.)
Applications for the Rebuilding Together program are available at the Village Hall. Rebuilding Together of Summit County, formerly known as Christmas in April, assists with repairs to homes of the elderly or others in need.
The annual Tax Incentive Review Council (TIRC) meeting was scheduled for the following day; that body will review the Village's one tax abatement: McLean Co. on Chittenden Road.
The new information sign has been erected at the Village Hall and is now in use.

AUDIENCE PARTICIPATION

Tina Merletti, of the Summit County Executive's office, explained the new countywide Executive MED pharmacy discount program. This program offers discounts on prescription medications, not otherwise covered by insurance, at participating pharmacies. Brochures and discount cards are available at the Village Hall, among other places around the county.

Mayor Ray McFall recognized Robin Patton, the Ohio Edison Area Manager; Ms. Patton said she was just looking in on Council.

Another audience member passed along a letter to the Mayor and Council from Damian & Diana Luchs, of Wooded View Drive, lauding the Krejci Dump cleanup project as "orderly, safe and efficient".

Ted Mailey, President of Air Power of Ohio on Chittenden Road, rose to complain of storm water flooding at his company's newly-occupied facility. He related that, about a month after they officially moved their offices into the Chittenden Road location in May, they were flooded out during a heavy rainstorm. He estimated damages at about $20K. Mr. Mailey asked the Village to address the storm water handling problems that caused the flooding, while adding that his company stood ready to do their part in the effort. He pointed out that there appeared to be one blocked culvert, at the very least; Village Engineer Steve Schreiber agreed that such culverts were the Village's responsibility, when in the public right of way. He added, though, that much of the storm water drainage system in that area leads into private property. Mr. Schreiber noted that ODOT had plans to enlarge a culvert feeding water from across Route 8 (during that highway's future upgrade project), and that he might be able to entice them into terminating that culvert with a more robust water handling structure at Chittenden. Mr. Mailey pointed out that this was years away, with many opportunities for flooding in the meantime. Councilor Janet Miller asked whether just removing the roadsize culverts and restoring ditches would help with the problem. Mr. Schreiber said it might help, but there might be further bottlenecks further downstream, and the problem would remain of large volumes of water coming under Route 8 and having to make a sharp turn into the ditch. Councilor Bill Goncy stated that the Village should research where the water flow is going and enforce the appropriate remedies. Mr. Schreiber said he would get Road Superintendent Jim Robinson out to run a dye test, and otherwise investigate what might be done in the short term. He added that there was no public record of the enclosed ditch culverts or catch basins in this area. Mr. Mailey managed to extract a committment from Mr. Schreiber that some progress would be made on the investigation by the end of next week.

Joe R___, of 300 Parkside Court in Wooded View Estates, chastised the Village government for not solving the storm water problems he has been complaining about for three years. He stated that there was further flooding during a recent heavy storm, which endangered his yard shed. He added that when he called in a complaint at the time, Road Superintendent Jim Robinson came out and took pictures. Mr. R____ did not delve into the details, since the Village Engineer was familiar with the matter. However, this appeared to be related to drainage issues brought up by the same gentleman at November 2005 Council meeting and October 2005 Council meeting. He did say that the installation of a culvert had not solved the overall problem, and that the Village should have enforced the original plan's requirements for swales or french drains on neighboring property, by denying an occupancy permit. Village Engineer Steve Schreiber said this was the Building Department's problem, outside of his jurisdiction. Solictor Jason Dodson opined that it seemed like a conflict between private parties, not a public issue. Mr. R____ persisted that he wanted the Village to do something and might put up a retaining wall; Mr. Schreiber said that would be fine if he got an approved permit.
Mr. R____ also added that Hines Hill Road was badly broken up on the south side (apparently due to truck traffic from the Krejci Dump cleanup project). Councilor Bill Goncy recalled that Road Superintendent Jim Robinson had planned to perform those repairs with Village crews, and bill the costs back to the road bond posted for this project. Mr. Schreiber said he would ask to have these repairs moved up the priority list.

LEGISLATION

ORDINANCE Q-2006

[Adopted as Ordinance 17-2006]

AN ORDINANCE AMENDING CHAPTER 123.01 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS TO CHANGE ONE OF THE POSTING PLACES AND DECLARING AN EMERGENCY.

The Village posts the Council meeting agenda and proposed ordinances at fives places. One of them, John's BP at RT-303 & Olde 8 Rd., recently changed owners and now is called Bob's BP. This makes the name change in the Village ordinance that lists these posting places; presumably the new owner has agreed to continue acting as a posting place. The other places are: BP Oil on Boston Mills Rd., Boston Heights Marathon on Hines Hill Rd., Rainbower Gallery on Olde 8 Rd., and the Boston Heights Village Hall.

ORDINANCE R-2006

[Adopted as Ordinance 18-2006]

AN ORDINANCE AMENDING CHAPTER 183.03, IMPOSITION OF TAX, OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS TO INCLUDE LOTTERY AND GAMBLING GAINS IN THE IMPOSITION OF TAX.

This fixes an error in an earlier update of the Village income tax law.

Back in 2004, in the wake of publicity about a big lottery win near Cleveland, Council decided to impose the Village Income Tax (then 1.5%, now 2%) on lottery and gambling winnings. This was added to the list of taxable income types in Codified Ordinances Chapter 183, the income tax ordinance. See Ordinance 4-2004.

At the beginning of 2005, Council finally got around to make the state-mandated changes in the village income tax law, as required by House Bill 95, with Ordinance 4-2005. Somehow in the course of making those changes, the provision for taxation of lottery & gambling winners disappeared. This measure restores that language.

It is not clear whether the lottery tax was actually (inadvertently) repealed for a time, or whether this was just a codification error.

ORDINANCE S-2006

[First Reading]

AN ORDINANCE AMENDING ORDINANCE 9-2006, "PAY ORDINANCE," AND DECLARING AN EMERGENCY.

Council failed to "suspend the rules" and dispense with the three readings normally required before voting on an ordinace. See ORC 731.17. As Councilor Teri Slane was absent, and Councilor Bill Goncy voted against suspension, that motion failed due to lack of the required 3/4 majority of Council members. Mr. Goncy stated that he did not recall this measure being reviewed by the Finance Committee.

Clerk-Treasurer Carol Zeman subsequently explained that this was a previously-enacted measure (Ord. 13-2005) that had been inadvertently omitted from this years's Pay Ordinance.

This particular language allows Fire Department officers to receive additional pay for Truck Duty and Special Projects.

RESOLUTION NN-2006

[Adopted as Resolution 40-2006]

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

No one on Council made any specific remark about their review of these statements.

RESOLUTION OO-2006

[Adopted as Resolution 41-2006]

A RESOLUTION AUTHORIZING THE MAYOR AND THE CLERK-TREASURER TO ENTER INTO A REAL ESTATE SALES AGREEMENT WITH THE STATE OF OHIO TO SELL VILLAGE LAND TO THE STATE OF OHIO.

This permits the sale of Village land required by the State of Ohio for the Route 8 upgrade project, which is scheduled to begin in a year or two. The specific area sold is a slice of Matthews-Thomas Park, along Route 8 (behind the playground), totalling about 0.246 acres. The Village is receiving $5,180.00 from ODOT for this land.

Eventually, ODOT will also be buying a small slice from the southeast frontage of Fairview Cemetery on Boston Mills Road. There was no word on whether Boston Township had yet deeded over the cemetery to the Village of Boston Heights, as is planned.

RESOLUTION PP-2006

[Adopted as Resolution 42-2006]

A RESOLUTION ACCEPTING THE BID OF LYTLE CONSTRUCTION FOR THE REPAIR AND MAINTENANCE WORK TO THE FOLLOWING VILLAGE ROADS AND DRIVES: SHOLLE DRIVE, RICHARD ROAD / GRAN[D]VIEW ROAD, CEMETERY DRIVE, BOSTON MILLS ROAD FROM OLDE ROUTE 8 TO NEW ROUTE 8, AND HINES HILL ROAD FROM NEW ROUTE 8 TO THE CITY OF HUDSON CORPORATION LINE.

Lytle Construction (of Wooster, Ohio) provided the only bid on this work, in the amount of $51,337.40. Of that, the "moto paving" (cold mix paving) of the driveway in Fairview Cemetery will amount to $5,619.10, which will be paid by the Cemetery Trust Fund. The balance, mostly chip-and-seal work, will presumably be paid by the Road Levy fund.

In response to a suggestion by Councilor Bill Goncy, Engineer Steve Schreiber and Clerk-Treasurer Carol Zeman agreed to try to negotiate for additional patching on Wolcott Drive. These spots had previously been filled with gravel.

RESOLUTION QQ-2006

[Removed from agenda]

A RESOLUTION ACCEPTING THE BID OF ____________________________ FOR THE CONSTRUCTION OF AN ADDITION TO THE FIRE DEPARTMENT OF THE VILLAGE OF BOSTON HEIGHTS.

This item was removed from the agenda at the beginning of the meeting. While no explanation was given by Councilor Mike Cheung for this motion, it presumably was due to all bids being well over the anticipated cost of the Fire Station Addition project. The project architect has been invited to address the Finance Committee, at its next meeting, on alternative courses of action.

COMMITTEE REPORTS

Councilor Mike Cheung reported on the Planning Commission & Board of Zoning Appeals meeting of 2 August 2006. Along with the PC/BZA actions, Dr. Cheung mentioned the informal presentation given by Sam Petros, on behalf of Boston Hills Development Co., outline that group's next development proposal for Boston Hills Country Club. Clerk-Treasurer Carol Zeman reported that such a proposal had in fact been received at the Village offices, including a rezoning request -- along with the necessary fees. Mayor Ray McFall noted that these plans seemed to show houses on 100x170ft. lots, about 0.39 acres (while the Village Zoning Code requires 1.5A lots). Dr. Cheung added that the developer had originally planned to also provide an alterative plan with larger lots in lieu of "conservation-style" development.
The next PC/BZA meeting will be Wednesday, 6 September 2006, 7PM at the Village Hall. (Note: There is no change in PC/BZA meeting date.)

Council President (Pro Tempore) Bill Goncy reported that:

He had not yet received the July 2006 Mayor's Court reconciliation.
He is participating in an AMATS subcommittee that is examining the status, progress and future of the e-Check program in this area.
He and Zoning Inspector David Himes attended a Storm Water Management meeting, where they learned about the impact of invasive plants species on watercourses.
The Park Board had met to plan for this weekend's Village Flea Market at Matthews Thomas Park.
He had not yet observed the crack sealing for Olde Eight Rd. that was supposed to have started on 2 August. Mayor McFall replied that the contractor had insisted on a delay since it was "too hot" to perform the work that day. (The high temperature that day was 91F with 90% humidity!)

Village Engineer Steve Schreiber reported that he had held his pre-construction meeting with the contractor for the Village septic system project, and expected construction to begin on 14 August.

Councilor Jim Hudson relayed a report of the Road Department's usual maintenance of Village facilities and vehicles. The department had also performed special cleanup and pumping due to the recent heavy rainstorms.

Councilor Janet Miller reported that the Safety 2 (Fire) Committee had meet earlier in the week and reviewed the new bids for the proposed Fire Station addition. These bids reflected a revised construction design, but again proved to be too high. The committee had therefore asked Fire Chief Jim Robinson to invite the architect, Theodore G. Manfrass, AIA, to the next Finance Committee meeting to discuss the matter further. This will be on 22 August 2006, 7PM at the Village Hall.
Mrs. Miller also announced that the second meeting of Council's new Economic Development Committee would be held at the Village Hall next Wednesday, 23 August 2006 at 7PM. (Please note that this is a public meeting, open to all.)

Councilor Paul Palumbo had no report.

Mayor Ray McFall reported that the Park Board had decided that a new cover was needed for the Village Pool. After the Board obtained a quote for about $3600 from one vendor, he asked Atlas Pools & Spas, here in town, to quote it too.

OLD BUSINESS

NEW BUSINESS

Council President Pro Tempore Bill Goncy announced that Ohio LTAP Center was offering seminars for Village officers and council members. He had information on the current offerings if anyone was interested.

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 Q-2006 [Adopted as Ordinance 17-2006]	AN ORDINANCE AMENDING CHAPTER 123.01 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS TO CHANGE ONE OF THE POSTING PLACES AND DECLARING AN EMERGENCY. The Village posts the Council meeting agenda and proposed ordinances at fives places. One of them, John's BP at RT-303 & Olde 8 Rd., recently changed owners and now is called Bob's BP. This makes the name change in the Village ordinance that lists these posting places; presumably the new owner has agreed to continue acting as a posting place. The other places are: BP Oil on Boston Mills Rd., Boston Heights Marathon on Hines Hill Rd., Rainbower Gallery on Olde 8 Rd., and the Boston Heights Village Hall.
ORDINANCE R-2006 [Adopted as Ordinance 18-2006]	AN ORDINANCE AMENDING CHAPTER 183.03, IMPOSITION OF TAX, OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS TO INCLUDE LOTTERY AND GAMBLING GAINS IN THE IMPOSITION OF TAX. This fixes an error in an earlier update of the Village income tax law. Back in 2004, in the wake of publicity about a big lottery win near Cleveland, Council decided to impose the Village Income Tax (then 1.5%, now 2%) on lottery and gambling winnings. This was added to the list of taxable income types in Codified Ordinances Chapter 183, the income tax ordinance. See Ordinance 4-2004. At the beginning of 2005, Council finally got around to make the state-mandated changes in the village income tax law, as required by House Bill 95, with Ordinance 4-2005. Somehow in the course of making those changes, the provision for taxation of lottery & gambling winners disappeared. This measure restores that language. It is not clear whether the lottery tax was actually (inadvertently) repealed for a time, or whether this was just a codification error.
ORDINANCE S-2006 [First Reading]	AN ORDINANCE AMENDING ORDINANCE 9-2006, "PAY ORDINANCE," AND DECLARING AN EMERGENCY. Council failed to "suspend the rules" and dispense with the three readings normally required before voting on an ordinace. See ORC 731.17. As Councilor Teri Slane was absent, and Councilor Bill Goncy voted against suspension, that motion failed due to lack of the required 3/4 majority of Council members. Mr. Goncy stated that he did not recall this measure being reviewed by the Finance Committee. Clerk-Treasurer Carol Zeman subsequently explained that this was a previously-enacted measure (Ord. 13-2005) that had been inadvertently omitted from this years's Pay Ordinance. This particular language allows Fire Department officers to receive additional pay for Truck Duty and Special Projects.
RESOLUTION NN-2006 [Adopted as Resolution 40-2006]	A RESOLUTION ACCEPTING THE FINANCIAL STATEMENTS OF THE VILLAGE OF BOSTON HEIGHTS FOR THE MONTH OF JULY, 2006. No one on Council made any specific remark about their review of these statements.
RESOLUTION OO-2006 [Adopted as Resolution 41-2006]	A RESOLUTION AUTHORIZING THE MAYOR AND THE CLERK-TREASURER TO ENTER INTO A REAL ESTATE SALES AGREEMENT WITH THE STATE OF OHIO TO SELL VILLAGE LAND TO THE STATE OF OHIO. This permits the sale of Village land required by the State of Ohio for the Route 8 upgrade project, which is scheduled to begin in a year or two. The specific area sold is a slice of Matthews-Thomas Park, along Route 8 (behind the playground), totalling about 0.246 acres. The Village is receiving $5,180.00 from ODOT for this land. Eventually, ODOT will also be buying a small slice from the southeast frontage of Fairview Cemetery on Boston Mills Road. There was no word on whether Boston Township had yet deeded over the cemetery to the Village of Boston Heights, as is planned.
RESOLUTION PP-2006 [Adopted as Resolution 42-2006]	A RESOLUTION ACCEPTING THE BID OF LYTLE CONSTRUCTION FOR THE REPAIR AND MAINTENANCE WORK TO THE FOLLOWING VILLAGE ROADS AND DRIVES: SHOLLE DRIVE, RICHARD ROAD / GRAN[D]VIEW ROAD, CEMETERY DRIVE, BOSTON MILLS ROAD FROM OLDE ROUTE 8 TO NEW ROUTE 8, AND HINES HILL ROAD FROM NEW ROUTE 8 TO THE CITY OF HUDSON CORPORATION LINE. Lytle Construction (of Wooster, Ohio) provided the only bid on this work, in the amount of $51,337.40. Of that, the "moto paving" (cold mix paving) of the driveway in Fairview Cemetery will amount to $5,619.10, which will be paid by the Cemetery Trust Fund. The balance, mostly chip-and-seal work, will presumably be paid by the Road Levy fund. In response to a suggestion by Councilor Bill Goncy, Engineer Steve Schreiber and Clerk-Treasurer Carol Zeman agreed to try to negotiate for additional patching on Wolcott Drive. These spots had previously been filled with gravel.
RESOLUTION QQ-2006 [Removed from agenda]	A RESOLUTION ACCEPTING THE BID OF ____________________________ FOR THE CONSTRUCTION OF AN ADDITION TO THE FIRE DEPARTMENT OF THE VILLAGE OF BOSTON HEIGHTS. This item was removed from the agenda at the beginning of the meeting. While no explanation was given by Councilor Mike Cheung for this motion, it presumably was due to all bids being well over the anticipated cost of the Fire Station Addition project. The project architect has been invited to address the Finance Committee, at its next meeting, on alternative courses of action.