Village of Boston Heights: Council Meeting October-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 - October 11, 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, Teri Slane and Janet Miller. Paul Palumbo was absent (see below).
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 September 2006 meeting were approved.

CORRESPONDENCE

Solicitor Russ Pry announced that Council intended to go into executive session during New Business to discuss "pending legal matters", with a resolution likely to follow.

Clerk-Treasurer Carol Zeman reported that a post-audit meeting would be held on 24 October 2006, which Council members could attend but which was not open to the public. This is in connection with the biennial state audit of the Village finances.

Mayor Ray McFall announced a number of upcoming Village events, including the 28 October Halloween Party to be held at the Village Park -- or Fire Station in case of rain. Village Trick-or-Treat night is 31 October 2006, 6-8PM. The annual Seniors' Thanskgiving Dinner is Sat., 18 November 2006, 12-2PM at the Fire Station. Santa gift delivery is Sun. 17 December 2006, 12PM+, with gifts due to the Village Hall by the previous Wednesday. The Mayor noted the upcoming availability of flu shots from the County Health Department. He also reported meeting with the Ohio EPA, deferring to Engineer Steve Schreiber's report. He also mentioned that the Village Hall's new septic system was now working.

The Mayor also read a letter from Paul Palumbo, resigning his seat on Village Council "for personal reasons". (Council later decided to solicit applications for a replacement member; see below.)

AUDIENCE PARTICIPATION

Greg Baka, of Omni Realty, appeared to update Council on his company's ongoing plans for commercial development in the Village. Mr. Baka stated that his company had been engaged in protracted negotiations with the US Army Corps of Engineers over proposed wetlands mitigation on the South Alnola property north of Boston Mills Road, south of the Turnpike, east of Ohio Route 8. He stated that the company's wetlands consultant had found only 8 acres of Category 1 and 2 wetlands on that 77 acres, and no Category 3 wetlands (the most highly protected type). They expected a response from the ACE Buffalo office by February 2007 and expected to pursue commercial development thereafter. Mr. Baka also added that commercial interest in the company's property north of the Turnpike (the old hotel site) was limited due to the expected impact of the Route 8 upgrade project. Solicitor Russ Pry asked about the large freestanding hotel/restaurant sign still left on that property, which is the subject of a citation from the Zoning Inspector; Mr. Baka said the company wanted to find a way to keep the sign. Mr. Pry pointed out that it is currently in violation of Village ordinances. Zoning Inspector David Himes stated that in the absence of any business on the site, it must be removed. Mr. Baka stated that the company would reply to this citation soon.

Keith Shy, director of Metro Parks Serving Summit County, spoke in favor of the upcoming park levy. He also had a few words on the proposed diversion of the park's Bike and Hike Trail around Brandywine Road, just north of the Village.

Ted Mailey, president of President of Air Power of Ohio, asked for a progress report on the Village's response to his company's storm water and flooding problems at their facility on Chittenden Road. He had complained of these problems at the August 2006 Council Meeting, and been promised a follow-up. Village Engineer Steve Schreiber replied that he was "packaging" a proposal to address about a dozen such drainage/flooding troublespots in the Village, and this was one of them. He did not expect the Village to address these problems until spring 2007. In reply to a question from Council, he stated that he would probably not have this package of information ready before the next Finance Committee meeting. (Ed. note: and in fact, he did not.)

LEGISLATION

ORDINANCE V-2006

[Adopted as Ordinance 22-2006]

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.

Clerk-Treasurer Carol Zeman explained that this item moved one of the public meeting posting places from the now-closed Boston Hills Country Club to The Range, across the street.

RESOLUTION UU-2006

[Adopted as Resolution 46-2006]

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

Both Councilor Janet Miller and Councilor Mike Cheung stated that they had, in fact, reviewed these statements. Mrs. Miller had a question about "foundations" mentioned in the General Fund statement; Clerk-Treasurer Carol Zeman explained that this item referred to the Cemetery Fund. Mrs. Miller also asked whether the indicated increases in property and income tax revenue had been expected; Mrs. Zeman replied that the income tax increase, at least, appeared to be the result of improved performance of businesses in the Village.

RESOLUTION VV-2006

[Adopted as Resolution 47-2006]

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.

RESOLUTION WW-2006

[Adopted as Resolution 48-2006]

A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE PARK FUND.

This measure moves $4000 into the Park budget. Back in July 2004, Council gutted the previous method of funding the Park from the bed tax (aka hotel tax).

RESOLUTION XX-2006

[Adopted as Resolution 49-2006]

A RESOLUTION AUTHORIZING THE CLERK-TREASURER TO ADVERTISE FOR BIDS FOR THE STABILIZATION OF THE CERNY DITCH.

This item was adopted after Council went into Executive Session; it appears to be related to the Village's ongoing legal dispute with Mr. Dennis Cerny over the grading and use of his property at 6367 Chittenden Road. See Summit County Courts Civil Case # CV-1997-10-5421 for more information on this long-running saga.

COMMITTEE REPORTS

Councilor Mike Cheung deferred his report on the Planning Commission & Board of Zoning Appeals meeting of 4 October 2006. The next PC/BZA meeting will be Wednesday, 1 November 2006, 7PM at the Village Hall, with a special meeting of the PC scheduled for 18 October 2006, 7:30PM.

Council President (Pro Tempore) Bill Goncy stated that he had not yet reviewed the Mayor's Court bank reconciliation for the past month. He reported attending a seminar on illicit storm water discharge, and announced upcoming meetings on the Fire Service Enhancement Study, and on deer control in the Cuyahoga Valley National Park.

Village Engineer Steve Schreiber reported on a number of issues:

He and Mayor McFall had met with the USA EPA and informed them that the Village did not operate its own sanitary sewer system (this was apparently related to some sort of reporting requirement).
The new Village Hall septic system was almost complete; it was hooked up to the Village Hall but not yet to the Fire Station.
A letter had been sent to the owners of 245 W. Hines Hill Road demanding that they fix an improperly installed culvert and driveway apron. No response had been received, and Mr. Schreiber expected to meet with the Solicitor to determine the next step.
A letter had been sent to Mr. Carse, the developer of the Meghan's Lane subdivision, demanding a cleanup of certain grading and drainage problems there. The Village's request for retention of $8000 of the development bond, for this purpose, had been denied by the bonding agency.
He was soon to hold a pre-construction meeting with the developer of the Brighton subdivision, on the former Matthews property at south Olde Eight Road. A public roadway was to be constructed, along with utilities.

Councilor Janet Miller reported on the state of the Village cemetery, and reported that the Trustees were considering projects for spring 2007. She also reported that the Safety 2 (Fire) Committee had met to work on methods of accounting for fire department payroll that would satisfy the state auditors. She expected administrative and code changes to be required. Mrs. Miller also announced the next Economic Development Committee meeting: 18 October 2006 at 7PM.

OLD BUSINESS

NEW BUSINESS

Solictor Russ Pry explained that Council was required to formally accept Paul Palumbo's resignation of his Council seat. On a motion by Councilor Mike Cheung, Council accepted that resignation with thanks to Mr. Palumbo for his years of service. Mr. Pry noted that Council had 30 days to appoint a new member, else it would become the prerogative of the Mayor. After some discussion, it was decided to solicit resumes from potential councilors, to be received by the close of business on 1 November 2006. Council would then hold deliberations on selection of a new member at 7PM on 8 November 2006, which might include brief interviews of the candidates.

Councilor Janet Miller suggested that Council consider holding a biannual meeting directly with employees of the Village, including firefighters and police officers. It was decided to take this matter up at the next Finance Committee meeting.

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 a while, the public returned to Council chambers to witness the passage of Resolution 49-2006, explained above.

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 V-2006 [Adopted as Ordinance 22-2006]	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. Clerk-Treasurer Carol Zeman explained that this item moved one of the public meeting posting places from the now-closed Boston Hills Country Club to The Range, across the street.
RESOLUTION UU-2006 [Adopted as Resolution 46-2006]	A RESOLUTION ACCEPTING THE FINANCIAL STATEMENTS OF THE VILLAGE OF BOSTON HEIGHTS FOR THE MONTH OF SEPTEMBER, 2006. Both Councilor Janet Miller and Councilor Mike Cheung stated that they had, in fact, reviewed these statements. Mrs. Miller had a question about "foundations" mentioned in the General Fund statement; Clerk-Treasurer Carol Zeman explained that this item referred to the Cemetery Fund. Mrs. Miller also asked whether the indicated increases in property and income tax revenue had been expected; Mrs. Zeman replied that the income tax increase, at least, appeared to be the result of improved performance of businesses in the Village.
RESOLUTION VV-2006 [Adopted as Resolution 47-2006]	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.
RESOLUTION WW-2006 [Adopted as Resolution 48-2006]	A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE PARK FUND. This measure moves $4000 into the Park budget. Back in July 2004, Council gutted the previous method of funding the Park from the bed tax (aka hotel tax).
RESOLUTION XX-2006 [Adopted as Resolution 49-2006]	A RESOLUTION AUTHORIZING THE CLERK-TREASURER TO ADVERTISE FOR BIDS FOR THE STABILIZATION OF THE CERNY DITCH. This item was adopted after Council went into Executive Session; it appears to be related to the Village's ongoing legal dispute with Mr. Dennis Cerny over the grading and use of his property at 6367 Chittenden Road. See Summit County Courts Civil Case # CV-1997-10-5421 for more information on this long-running saga.