Village of Boston Heights: Council Meeting September-2006

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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 - September 13, 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, Paul Palumbo and Teri Slane. Janet Miller was absent.
Also present: Mayor Ray McFall (presiding), Clerk-Treasurer Carol Zeman, Solicitor Russ Pry, and Engineer Steve Schreiber.

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

MINUTES PRESENTED FOR CHANGE, CORRECTION OR ADOPTION

The minutes of the August meeting were corrected; the minutes of the July 2006 meeting and the August 2006 meeting were then approved.

CORRESPONDENCE

Solicitor Russ Pry announced that Council intended to go into executive session during New Business to discuss "pending legal matters" as outlined in a letter he had distributed to the members of Council.

Mayor Ray McFall reported on a conversation he had with Mr. Mohammed Darwish, ODOT district 4 deputy director, regarding the cell towers that are on Village property near the Turnpike interchange. The Village has been negotiating the sale of the leases for the towers to any of several interested companies. This has been muddied by the question of the fate of those towers after the upcoming Route 8 upgrade project. The original plan had been for ODOT to move the towers; Mayor McFall reports that ODOT now plans to leave the towers where they are, and leave that land in the Village's possesion. The engineering, or at least the land takes, for the interchange ramps will be modified accordingly.

AUDIENCE PARTICIPATION

Tracy Stevens, of Dominion East Ohio Gas Company, gave a presentation on natural gas rates and the company's Energy Choice Program. In particular, she explained the new Standard Service Offer rate program for gas customers that have not signed up with an independent gas supplier. She emphasized that Dominion East Ohio will continue to handle piping gas to their customers, take care of emergency leak situations, and billing. (There followed a meandering discussion of the company's estimation and billing practices.) Ms. Stevens has left a selection of brochures at the Village Hall on this topic.

Nick Kostandaras, the local Summit County Council representative, reported that he is continuing to examine the problem Olde Eight residents are having with county sewer maintenance fees. Specifically, some residents fronting the newly-installed sewer line to the Meghan's Lane subdivision are seeing sewer maintenance fees on their property tax bills, even though they are not hooked up to that line. Mr. Kostandaris asked for additional information from Village Engineer Steve Schreiber. Mr. Schreiber has in the past stated that he was told by the County Dept. of Environmental Services (DOES), at the time the line was installed, that no such fees would be charged -- but that the implementing County ordinance seems to read otherwise. Mr. Kostandaris also reported that the DOES was recommending a 9% sewer fee hike; he wants to see more information about the department's performance before voting for such an increase. Council President Bill Goncy asked Mr. Kostandaris to let him know when County Council would be considering these matters.

LEGISLATION

RESOLUTION RR-2006

[Adopted as Resolution 43-2006]

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

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

RESOLUTION SS-2006

[Adopted as Resolution 44-2006]

A RESOLUTION TO ACCEPT THE RECOMMENDATION OF THE TAX INCENTIVE REVIEW COUNCIL TO CONTINUE THE CURRENT TAX ABATEMENT AGREEMENT WITH THE McLEAN COMPANY AND BOSTON HEIGHTS REALTY INVESTMENTS, LLC WITHOUT ANY CHANGES TO THE AGREEMENT.

The tax abatement for McLean Company, on Chittenden Road, is the only such tax incentive agreement currently in force in the Village. The personal property tax abatement (for the inventory) ended with 2005; the real property tax abatement (for the building) ends with 2006.

RESOLUTION TT-2006

[Adopted as Resolution 45-2006]

A RESOLUTION DECLARING VARIOUS ITEMS OF PERSONAL PROPERTY OWNED BY THE VILLAGE OF BOSTON HEIGHTS NO LONGER FIT FOR AND NO LONGER NECESSARY FOR MUNICIPAL PURPOSES.

ORC 721.15 permits the Village to sell off surplus property. This measure declares some such property available for auction. See Ordinance 21-2006, below, for the authorization to hold this auction at 10AM on 30 September 2006. The resolution included extensive lists of property held by both the police department and the road service department.

Council President Bill Goncy asked why the Fire Department's retired Scout vehicle was not on the list. He was reminded that the Fire Chief was going to try to sell it through advertisements placed in specialty firefighter publications.

ORDINANCE S-2006

[Adopted as Ordinance 19-2006]

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

Last month, Clerk-Treasurer Carol Zeman 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 ($12.73/hr) and Special Projects ($9.55).

ORDINANCE T-2005

Adopted as Ordinance 20-2006]

AN ORDINANCE AMENDING THE PERMANENT ANNUAL APPROPRIATION ORDINANCE (ORDINANCE 4-2006) FOR THE VILLAGE OF BOSTON HEIGHTS FOR THE YEAR 2006 AND DECLARING AN EMERGENCY.

This ordinance implements a change to the Street Construction, Maintenance and Repair Fund. The attached Exhibit (spreadsheet) shows Street Maintenance and Repair increased by $20,000: from $38,000 to $58,000. In addition, Street Cleaning, Snow and Ice Removal increased by $10,000: from $40,000 to $50,000. The attached certificate from Clerk-Treasurer Carol Zeman ascribes the $30,000 to increased revenue from auto and gasoline excise taxes.

ORDINANCE U-2005

Adopted as Ordinance 21-2006]

AN ORDINANCE ESTABLISHING AND AUTHORIZING THE CLERK-TREASURER TO ADVERTISE FOR AN AUCTION TO DISPOSE OF PERSONAL PROPERTY OWNED BY THE VILLAGE OF BOSTON HEIGHTS THAT IS NO LONGER FIT FOR AND NO LONGER NECESSARY FOR MUNICIPAL PURPOSES AND DECLARING AN EMERGENCY.

This ordinance authorizes the Clerk-Treasurer to advertise an auction for the surplus property listed above. According to the ordinance, this auction is to be held at 10AM on Saturday, 30 September 2006, at the Village Hall: 45 E. Boston Mills Road, Boston Heights, OH.

COMMITTEE REPORTS

Councilor Mike Cheung reported on the Planning Commission & Board of Zoning Appeals meeting of 6 September 2006. The next PC/BZA meeting will be Wednesday, 4 October 2006, 7PM at the Village Hall.

Mayor Ray McFall announced that the Fire Department would be burning a house on south Olde Eight Road, as a training exercise, on Sunday. (This did in fact occur as scheduled.)

Council President (Pro Tempore) Bill Goncy reported that:

He had reviewed the July and August 2006 Mayor's Court reconciliations.
He is participating in an AMATS subcommittee that is examining Northeast Ohio air pollution issues, including the future of the e-Check program. AMATS may recommend that the EPA require low-volatility gasoline in this area by 2009. It may ask the EPA to work with neighboring states to relax some air pollution regulations for power plants. AMATS is also considering traffic coordination and mass transit use. AMATS may recommend that the Ohio EPA request that the Federal EPA delay implementation of ozone standards in this area.

Mayor Ray McFall announced that the new cover for the Village Pool would arrive in a few days, and that Atlas Pools, a village business, would be handling the closing of the pool this year.

Village Engineer Steve Schreiber reported on a number of issues:

Regarding the County septic fees mentioned above: so far, the County is "not budging" on its claim that these fees are due from property owners fronting the new sewer line. The fees are reported to be about $43 per parcel per half year. The County Department of Environmental Services (DOES) claims that just having an adjacent sewer line was equivalent to being "served by" that line, as worded in the applicable County ordinance. Councilor Mike Cheung was skeptical of this definition.
The developer of Annabelle Lake Estates has requested release of the construction bond. Mr. Schreiber will schedule a walk-through to ensure that all requirments have been met before the bond is released.
He will be recommending that the Village retain about $8,000 from the bond posted for the Meghan's Lane subdivision, to allow for regrading. The existing grading is leaving water on the roadway.
Installation of the new Village Hall septic system is proceeding, and a County inspection is due. An additional manhole may be required near the fire station, but he hopes to pay for this with savings from cheaper gravel.
He is involved in discussions with ODOT on access to Boston Mills Road after the Route 8 upgrade, specifically with regard to Mr. Lahoski's property. In addition, he is trying to determine the extent of the Village's responsibility for repairs to the collaping edges of Route 303 west of Happy Days Visitor Center. It appears that the Village may be required to make some extensive repairs.
He has been contacted by an engineer associated with Developers Diversified Realty, a shopping center developer that claims to have an option to purchase the so-called Omni property north of Boston Mills Road and east of Route 8. (Note: Omni Realty has never actually purchased this property; it still belongs to the long-time owner: Boston Heights Development Co.). DDR will be asking for re-zoning (presumably to more intensive commercial use such as that same company requested in 1999-2000).
He investigated non-permitted grading being carried out at the site of the demolished Omni hotel on Hines Hill Road. This appeared to be a local contractor backfilling the area with debris removed from a railroad project nearby, as well as other materials.

Councilor Jim Hudson relayed a report of the Road Department's usual maintenance of Village facilities and vehicles. He reported that the authorized road repair projects were underway, as was the septic system installation reported on by Mr. Schreiber.

Councilor Paul Palumbo had no report.

OLD BUSINESS

NEW BUSINESS

Councilor Mike Cheung asked that the Mayor or Solicitor send a letter to the County sewer district objecting to the sewer fees mentioned above, on the grounds that these property owners are not actually receiving any service. Solicitor Russ Pry agreed to do this.

Councilor Mike Cheung moved that Council enter "executive session" for the purpose of dicussing "ongoing litigation"; this motion was approved by Council and the public was shown the door. After lurking outside that door for about a half-hour, the remaining public was invited back in as Council resumed its public meeting. On a motion by Dr. Cheung, Council then approved a purchase order in the amount of $4500 to conduct a survey of property at 6367 Chittenden Road (owned by Dennis Cerny), and to survey a septic tile field to ensure that it is not disturbed by Village activity on the property, all in accordance with a court order. See Summit County Courts Civil Case # CV-1997-10-5421 for more information on this long-running saga.

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.

RESOLUTION RR-2006 [Adopted as Resolution 43-2006]	A RESOLUTION ACCEPTING THE FINANCIAL STATEMENTS OF THE VILLAGE OF BOSTON HEIGHTS FOR THE MONTH OF AUGUST, 2006. No one on Council made any specific remark about their review of these statements.
RESOLUTION SS-2006 [Adopted as Resolution 44-2006]	A RESOLUTION TO ACCEPT THE RECOMMENDATION OF THE TAX INCENTIVE REVIEW COUNCIL TO CONTINUE THE CURRENT TAX ABATEMENT AGREEMENT WITH THE McLEAN COMPANY AND BOSTON HEIGHTS REALTY INVESTMENTS, LLC WITHOUT ANY CHANGES TO THE AGREEMENT. The tax abatement for McLean Company, on Chittenden Road, is the only such tax incentive agreement currently in force in the Village. The personal property tax abatement (for the inventory) ended with 2005; the real property tax abatement (for the building) ends with 2006.
RESOLUTION TT-2006 [Adopted as Resolution 45-2006]	A RESOLUTION DECLARING VARIOUS ITEMS OF PERSONAL PROPERTY OWNED BY THE VILLAGE OF BOSTON HEIGHTS NO LONGER FIT FOR AND NO LONGER NECESSARY FOR MUNICIPAL PURPOSES. ORC 721.15 permits the Village to sell off surplus property. This measure declares some such property available for auction. See Ordinance 21-2006, below, for the authorization to hold this auction at 10AM on 30 September 2006. The resolution included extensive lists of property held by both the police department and the road service department. Council President Bill Goncy asked why the Fire Department's retired Scout vehicle was not on the list. He was reminded that the Fire Chief was going to try to sell it through advertisements placed in specialty firefighter publications.
ORDINANCE S-2006 [Adopted as Ordinance 19-2006]	AN ORDINANCE AMENDING ORDINANCE 9-2006, "PAY ORDINANCE," AND DECLARING AN EMERGENCY. Last month, Clerk-Treasurer Carol Zeman 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 ($12.73/hr) and Special Projects ($9.55).
ORDINANCE T-2005 Adopted as Ordinance 20-2006]	AN ORDINANCE AMENDING THE PERMANENT ANNUAL APPROPRIATION ORDINANCE (ORDINANCE 4-2006) FOR THE VILLAGE OF BOSTON HEIGHTS FOR THE YEAR 2006 AND DECLARING AN EMERGENCY. This ordinance implements a change to the Street Construction, Maintenance and Repair Fund. The attached Exhibit (spreadsheet) shows Street Maintenance and Repair increased by $20,000: from $38,000 to $58,000. In addition, Street Cleaning, Snow and Ice Removal increased by $10,000: from $40,000 to $50,000. The attached certificate from Clerk-Treasurer Carol Zeman ascribes the $30,000 to increased revenue from auto and gasoline excise taxes.
ORDINANCE U-2005 Adopted as Ordinance 21-2006]	AN ORDINANCE ESTABLISHING AND AUTHORIZING THE CLERK-TREASURER TO ADVERTISE FOR AN AUCTION TO DISPOSE OF PERSONAL PROPERTY OWNED BY THE VILLAGE OF BOSTON HEIGHTS THAT IS NO LONGER FIT FOR AND NO LONGER NECESSARY FOR MUNICIPAL PURPOSES AND DECLARING AN EMERGENCY. This ordinance authorizes the Clerk-Treasurer to advertise an auction for the surplus property listed above. According to the ordinance, this auction is to be held at 10AM on Saturday, 30 September 2006, at the Village Hall: 45 E. Boston Mills Road, Boston Heights, OH.