Village of Boston Heights: Council Meeting June-2006

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VILLAGE OF BOSTON HEIGHTS

45 E. Boston Mills Road
Hudson, OH 44236

REGULAR COUNCIL MEETING - June 14, 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: Clerk-Treasurer Carol Zeman, Solicitor Russ Pry, and Engineer Steve Schreiber.
Council President Bill Goncy announced that, in the absence of Mayor Ray McFall, he would be chairing this meeting (this per CO 121.02(e)(2))

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

Solicitor Russ Pry asked for, and received, an amendment to the agenda that incorporated a modified version of Res. FF-2006 (regarding bids for the Fire Station).

MINUTES PRESENTED FOR CHANGE, CORRECTION OR ADOPTION

Minutes of the April 2006 meeting were corrected and adopted, along with minutes from two April public hearings related to zoning issues. No minutes of the May 2006 meeting were yet available.

CORRESPONDENCE

Council President Goncy passed along the following announcements from Mayor Ray McFall:

AMATS may have funds available for a traffic study at the intersection of Route 303, Olde Eight Road, the Route 8 ramps and Akron-Cleveland Road. The information has been passed to the Village Engineer for review.
A letter from the Cuyahoga Valley Communities Council, of which the Village is a member, asks for the annual membership contribution. Mr. Goncy said this has been $250 per year.
A letter from Fire Chief Jim Robinson recommends Jay Skolnik (of Brandywine Road) for appointment to the Fire Department.

Mr. Goncy added some announcements from the Park Board, which are recounted below.

AUDIENCE PARTICIPATION

William Hinkle, of Boston Mills Road, asked who had take over for Annette Miller as the Village' representative to the Cuyahoga Valley Communities Council. Mr. Goncy explained that he had been sharing those duties with former Councilor A. Miller, and had continued on as representative after she left Council.

LEGISLATION

RESOLUTION CC-2006

[Adopted as Resolution 29-2006]

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

Councilor Mike Cheung stated that he had, in fact, reviewed these statements.

RESOLUTION DD-2006

[Adopted as Resolution 30-2006]

A RESOLUTION HIRING AND APPOINTING RUSSELL M. PRY AS SOLICITOR FOR THE VILLAGE OF BOSTON HEIGHTS, OHIO.

RESOLUTION EE-2006

[Adopted as Resolution 31-2006]

A RESOLUTION DECLARING IT NECESSARY TO REPLACE AN EXISTING 3.0 MILL TAX LEVY AT A REDUCED 2.75 MILL TAX RATE AND REQUESTING THE SUMMIT COUNTY FISCAL OFFICER TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE VILLAGE AND THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED BY THAT REPLACEMENT LEVY, AND DECLARING AN EMERGENCY.

Council President Bill Goncy explained that this was in preparation for a replacement of the existing Road Levy, which expires at the end of 2006.

This is the levy that pays for repair and upgrade of the Village's roads. It appears that this replacement levy will appear on the November 2006 ballot. Recent meetings of Council's Roads and Finance Committees debated the question of renewal vs. replacement of this levy, and at what rate. A "renewal" would have been at the same 3.00 mill rate, but would not have brought in significant additional funds because it would have been charged against older property valuations. A "replacement" levy, even at this lower rate, will bring in more money because it will be charged against current increased property valuations.

In summary, even though this levy is up for a replacement at a lower millage, it would cost each property owner more money on his tax bill. It was pointed out at the Road Committee meeting that the real cost of road repairs has skyrocketed, mostly due to increased asphalt and energy costs. A replacement levy allows the Village to meet this cost inflation, at the price of somewhat higher taxes.

RESOLUTION FF-2006

[Adopted as Resolution 32-2006]

A RESOLUTION AUTHORIZING THE CLERK-TREASURER TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF A NEW ADDITION TO THE VILLAGE'S FIRE DEPARTMENT.
~~A RESOLUTION ACCEPTING THE BID OF ________ FOR THE CONSTRUCTION OF AN ADDITION TO THE FIRE DEPARTMENT OF THE VILLAGE OF BOSTON HEIGHTS.~~

As noted above, a revision to the agenda removed the previous Res. FF-2006 and added this authorization to again advertise for bids on this construction project. While no one in the Village government explained the matter at this meeting, a special meeting of the Finance Committee the previous evening found that all bids received for the Fire Station addition were well beyond the architect's projections, and beyond what the Village could pay. The architect is therefore reworking the addition's construction methods in an attempt to markedly lower the next round of bids. The Clerk-Treasurer indicated that about $290K would be available for the project, along with an additional 10% for contingencies.

As currently conceived, 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.

RESOLUTION GG-2006

[Adopted as Resolution 33-2006]

A RESOLUTION AUTHORIZING THE CLERK-TREASURER OF THE VILLAGE OF BOSTON HEIGHTS TO ADVERTISE FOR BIDS FOR REPAIR AND MAINTENANCE WORK TO THE FOLLOWING VILLAGE ROADS AND DRIVES: SHOLLE ROAD, RICHARD ROAD / GRANDVIEW DRIVE ~~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.

According to discussions at the Road Committee meeting, these repairs comprise crack sealing and/or chip-and-seal of the listed roads.

RESOLUTION HH-2006

[Adopted as Resolution 34-2006]

A RESOLUTION ACCEPTING THE BID OF JOHN VOLOSSON FOR THE REPLACEMENT OF THE VILLAGE'S SEPTIC SYSTEM.

This bidder was to supply requested evidence of liability insurance and worker's compensation coverage, as well as to clarify some business relationships with other companies involved in his bid. Engineer Steve Schreiber and Solicitor Russ Pry reported that the requested evidence of liability insurance had been provided, and partial evidence of worker's compensation coverage; Mr. Schreiber expected that the rest of the paperwork would be in hand within a day or so. Councilor Teri Slane asked what would happen if this bid was accepted but the necessary documentation never appeared; Mr. Pry explained that the bidder would then be in default on the terms of the bid, and could not proceed with the work. This seemed to satisfy everyone, perhaps in light of Mr. Schreiber's confidence that everything would get squared away.

RESOLUTION II-2006

[Adopted as Resolution 35-2006]

A RESOLUTION AUTHORIZING THE VILLAGE OF BOSTON HEIGHTS TO PARTICIPATE IN THE FIRST TWO PHASES OF THE FIRE SERVICE COOPERATIVE ENHANCEMENT STUDY FOR NORDONIA HILLS COMMUNITIES OF SUMMIT COUNTY, OHIO AND TO ENTER INTO A CONTRACT WITH JOHN D. PREUER AND ASSOCIATES, INC. FOR THE PROVISION OF FIRE AND EMS CONSULTING SERVICES NECESSARY FOR SAID STUDY.

This resolution commits the Village to help fund a professional study of the facilities, staff and capacities of the various Fire Departments in Northern Summit County. Council President Bill Goncy, who has been promoting the Village's participation in this group, suggested further discussion before the vote on the motion (by Mr. Palumbo) to adopt the resolution.

Mr. Goncy stated that four other communities -- Northfield Center Township, Northfield Village, Sagamore Hills Township, and Macedonia -- had already each committed to the $5850 fee needed to fund the study. His discussions with Clerk-Treasurer Carol Zeman had found that the Village's EMS reimbursement fund, currently about $7500, could be used to pay this fee for Boston Heights Village. He mentioned that the study would include consideration of a common fire dispatch system; since the Village uses Macedonia's dispatch service it might be a good idea to be involved in that area. He added that he had been told that a broader dispatch system might also be eligible for Federal grants, especially if a change in radio bands is mandated by the feds. He further explained that the idea of a regional "fire district" had already been eliminated, as the communities involved did not want to give up their own departments and submit to a common administration. Each fire department would be individually evaluated in this study, which is the reason the fees are identical for all communities. There is no expectation of common equipment purchases, just coordination of training, staffing and response -- "sharing of resources and manpower". Mr. Goncy felt it worth seeking this level of coordination with other nearby fire departments.

Mr. Palumbo asked for the opinion of Fire Chief Jim Robinson, who appeared to be against participating in the study. Chief Robinson stated that a great deal of coordination with other departments was already carried out under mutual aid agreements. He also suggested that if a common fire department dispatch system was set up, then police dispatch might end up being a separate service at increased cost to the Village. Mr. Goncy pointed out that the Village was at the mercy of Macedonia's decisions on the matter already; Chief Robinson suggested that the Village could try to return to Hudson's dispatch service. He asked, rhetorically, whether Northfield Center Township could be expected to pay for an EMS service headquartered at the Boston Heights Fire Station.

Mr. Palumbo pointed out that the Village would be left out of the decision-making process that came from this study if it did not participate -- whether or not the Village eventually adopted any coordination policies that resulted from it. Councilor Teri Slane asked whether the EMS reimbursement fund could not be spent some other way, presumably more usefully. Clerk-Treasurer Carol Zeman replied that it could be otherwise spent, but only for services, not for equipment. Councilor Mike Cheung suggested that the $5850 fee was the "ante to sit at the table" on negotiations for future fire service coordination, even if the Village eventually chose not to participate in any process beyond mutual aid. Councilor Janet Miller pointed out that there had been earlier concerns that the Village might be stuck for 1/5 of any equipment purchases, and that she now understood that this was not going to happen. She did not want to hurt the Village's own fire department, but felt participating in the study did make sense.

Councilor Jim Hudson noted that Macedonia was the "largest player" in this study group, and that Sagamore Hills had "nothing to bring to the table" since it already contracted out all its fire services. He recounted printed reports that Mayor Milani of Northfield Village was against this entire process; Mr. Goncy replied that the Northfield Council may have overruled their Mayor in the interest of its citizens. Mr. Hudson concluded that the $5850 fee was "a lot to spend" and that in the end Macendia will end up "having a larger fire department".

The resolution to pay for participation in the fire services study did pass, as follows:
For: Mike Cheung, Janet Miller, Paul Palumbo
Against: Teri Slane, Jim Hudson
(Note that as chairman for this meeting, Bill Goncy could not vote on this or any other measure).

COMMITTEE REPORTS

Councilor Mike Cheung reported on the Planning Commission & Board of Zoning Appeals meeting of 7 June 2006. The next PC/BZA meeting will be Wednesday, 5 July 2006, 7PM at the Village Hall.

Councilor Jim Hudson relayed Mr. Robinson's report on the usual doings of the Road Department, including maintenance and repairs around the Village. He also mentioned the Road Committee's review of necessary road repairs, noting the request for bids authorized earlier.

Village Engineer Steve Schreiber had a number of reports:

He and other Village officials had met with the Summit County Building Department to finalize a process for issuing building permits. The SCBD will require a zoning certificate from the Village's Zoning Inspector, and where there is right-of-way work, a statement from the Street Commissioner (who is now the Village Engineer). Both commercial and residential site plans will be reviewed by the county.
He mentioned that he had brought the proposed Wolcott Springs subdivision to the the attention of the Planning Commission, but would be making the final decision on approval himself as this is a minor subdivision (which can be approved without a plat or PC approval). He expected to approve a grading and clearing plan for this project, and expected the construction vehicles to use an off-road access route north of the parcel. Council President Bill Goncy suggested demanding a road bond if this other route does not pan out, as the Village was planning to invest in repairs to Wolcott Drive in this same time frame.
He also explained the request from Janus Hotels to split a parcel of land next to the Holiday Inn, so that this company could separately sell the former SBC/Ameritech training center (office building) and the partial hotel building behind it. He noted that this was legally problematic as neither parcel had the required access to a dedicated road, and would be consulting Solicitor Pry on the matter.
He had sent a letter to John Carr to reiterate the requirement that one of the Meghan's Lane parcels have direct access to Olde Eight Road, upon which it fronts. (Mr. Carr had previously designed a private lane access from Meghan's Lane roadway). Mr. Schreiber informed him that the landscaping plan would have to be revised to allow this access.
He reiterated his earlier statement that the low bidder for the Village Hall septic system installation still needed to straighten out his workers' compensation coverage.

Council President (Pro Tempore) Bill Goncy reported on various matters:

He had attended a meeting of the Cuyahoga Valley Communities Council, whose fee request was mentioned above. The Council was considering a change from a IRS 501(c)(3) non-profit organization to a "Council of Governments" organization, and bringing in more communities along the Cuyahoga River -- and perhaps even further south. Councilor Janet Miller asked whether other National Parks had similar community groups; Mr. Goncy implied not, replying that that the Cuyahoga Valley National Park was fairly unique in its relatively urban setting compared to Western parks
He had attended another County Engineer meeting on the proposed marginal road along Route 8. The promoters of the proposed soccer stadium had been expected to appear, but did not. Wetlands studies for the proposed roadway have been completed, but some are in the hands of private developers and have not yet been released. The process therefore appears to be on hold.
He reported that the Park Board had decided on a Village Flea Market in August, at Matthew-Thomas Park. The vendor fee would be $10, with an additional, optional, table rental fee of $5. A Family Fun Day, with free pool admission, was planned for July but not yet scheduled -- probably to be either 5 July or 8 July. A new pool cover has been installed, additional no-alcohol signs had been posted, and new park benches are being secured for the playground area. In addition, the Park Board is asking the Village maintenance department to move the old playground equipment from the south side of the lake to the current playground at the north side. They are also hoping to seal the floor of the pavilion kitchen.
He did not, however, make his usual report on the Mayor's Court reconciliation (for May).

OLD BUSINESS

NEW BUSINESS

Council President Bill Goncy brought up the fire department appointment and CVCC fee mentioned earlier; Solicitor Russ Pry stated that these would be dealt with next month. Mr. Pry did ask for a formal rejection of the bids received for the Fire Station addition, with authorization to return the associated bonds. Councilor Janet Miller made the necessary motion, which was unanimously approved.

ADJOURN

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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 CC-2006 [Adopted as Resolution 29-2006]	A RESOLUTION ACCEPTING THE FINANCIAL STATEMENTS OF THE VILLAGE OF BOSTON HEIGHTS FOR THE MONTH OF MAY, 2006 Councilor Mike Cheung stated that he had, in fact, reviewed these statements.
RESOLUTION DD-2006 [Adopted as Resolution 30-2006]	A RESOLUTION HIRING AND APPOINTING RUSSELL M. PRY AS SOLICITOR FOR THE VILLAGE OF BOSTON HEIGHTS, OHIO.
RESOLUTION EE-2006 [Adopted as Resolution 31-2006]	A RESOLUTION DECLARING IT NECESSARY TO REPLACE AN EXISTING 3.0 MILL TAX LEVY AT A REDUCED 2.75 MILL TAX RATE AND REQUESTING THE SUMMIT COUNTY FISCAL OFFICER TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE VILLAGE AND THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED BY THAT REPLACEMENT LEVY, AND DECLARING AN EMERGENCY. Council President Bill Goncy explained that this was in preparation for a replacement of the existing Road Levy, which expires at the end of 2006. This is the levy that pays for repair and upgrade of the Village's roads. It appears that this replacement levy will appear on the November 2006 ballot. Recent meetings of Council's Roads and Finance Committees debated the question of renewal vs. replacement of this levy, and at what rate. A "renewal" would have been at the same 3.00 mill rate, but would not have brought in significant additional funds because it would have been charged against older property valuations. A "replacement" levy, even at this lower rate, will bring in more money because it will be charged against current increased property valuations. In summary, even though this levy is up for a replacement at a lower millage, it would cost each property owner more money on his tax bill. It was pointed out at the Road Committee meeting that the real cost of road repairs has skyrocketed, mostly due to increased asphalt and energy costs. A replacement levy allows the Village to meet this cost inflation, at the price of somewhat higher taxes.
RESOLUTION FF-2006 [Adopted as Resolution 32-2006]	A RESOLUTION AUTHORIZING THE CLERK-TREASURER TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF A NEW ADDITION TO THE VILLAGE'S FIRE DEPARTMENT. ~~A RESOLUTION ACCEPTING THE BID OF ________ FOR THE CONSTRUCTION OF AN ADDITION TO THE FIRE DEPARTMENT OF THE VILLAGE OF BOSTON HEIGHTS.~~ As noted above, a revision to the agenda removed the previous Res. FF-2006 and added this authorization to again advertise for bids on this construction project. While no one in the Village government explained the matter at this meeting, a special meeting of the Finance Committee the previous evening found that all bids received for the Fire Station addition were well beyond the architect's projections, and beyond what the Village could pay. The architect is therefore reworking the addition's construction methods in an attempt to markedly lower the next round of bids. The Clerk-Treasurer indicated that about $290K would be available for the project, along with an additional 10% for contingencies. As currently conceived, 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.
RESOLUTION GG-2006 [Adopted as Resolution 33-2006]	A RESOLUTION AUTHORIZING THE CLERK-TREASURER OF THE VILLAGE OF BOSTON HEIGHTS TO ADVERTISE FOR BIDS FOR REPAIR AND MAINTENANCE WORK TO THE FOLLOWING VILLAGE ROADS AND DRIVES: SHOLLE ROAD, RICHARD ROAD / GRANDVIEW DRIVE ~~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. According to discussions at the Road Committee meeting, these repairs comprise crack sealing and/or chip-and-seal of the listed roads.
RESOLUTION HH-2006 [Adopted as Resolution 34-2006]	A RESOLUTION ACCEPTING THE BID OF JOHN VOLOSSON FOR THE REPLACEMENT OF THE VILLAGE'S SEPTIC SYSTEM. This bidder was to supply requested evidence of liability insurance and worker's compensation coverage, as well as to clarify some business relationships with other companies involved in his bid. Engineer Steve Schreiber and Solicitor Russ Pry reported that the requested evidence of liability insurance had been provided, and partial evidence of worker's compensation coverage; Mr. Schreiber expected that the rest of the paperwork would be in hand within a day or so. Councilor Teri Slane asked what would happen if this bid was accepted but the necessary documentation never appeared; Mr. Pry explained that the bidder would then be in default on the terms of the bid, and could not proceed with the work. This seemed to satisfy everyone, perhaps in light of Mr. Schreiber's confidence that everything would get squared away.
RESOLUTION II-2006 [Adopted as Resolution 35-2006]	A RESOLUTION AUTHORIZING THE VILLAGE OF BOSTON HEIGHTS TO PARTICIPATE IN THE FIRST TWO PHASES OF THE FIRE SERVICE COOPERATIVE ENHANCEMENT STUDY FOR NORDONIA HILLS COMMUNITIES OF SUMMIT COUNTY, OHIO AND TO ENTER INTO A CONTRACT WITH JOHN D. PREUER AND ASSOCIATES, INC. FOR THE PROVISION OF FIRE AND EMS CONSULTING SERVICES NECESSARY FOR SAID STUDY. This resolution commits the Village to help fund a professional study of the facilities, staff and capacities of the various Fire Departments in Northern Summit County. Council President Bill Goncy, who has been promoting the Village's participation in this group, suggested further discussion before the vote on the motion (by Mr. Palumbo) to adopt the resolution. Mr. Goncy stated that four other communities -- Northfield Center Township, Northfield Village, Sagamore Hills Township, and Macedonia -- had already each committed to the $5850 fee needed to fund the study. His discussions with Clerk-Treasurer Carol Zeman had found that the Village's EMS reimbursement fund, currently about $7500, could be used to pay this fee for Boston Heights Village. He mentioned that the study would include consideration of a common fire dispatch system; since the Village uses Macedonia's dispatch service it might be a good idea to be involved in that area. He added that he had been told that a broader dispatch system might also be eligible for Federal grants, especially if a change in radio bands is mandated by the feds. He further explained that the idea of a regional "fire district" had already been eliminated, as the communities involved did not want to give up their own departments and submit to a common administration. Each fire department would be individually evaluated in this study, which is the reason the fees are identical for all communities. There is no expectation of common equipment purchases, just coordination of training, staffing and response -- "sharing of resources and manpower". Mr. Goncy felt it worth seeking this level of coordination with other nearby fire departments. Mr. Palumbo asked for the opinion of Fire Chief Jim Robinson, who appeared to be against participating in the study. Chief Robinson stated that a great deal of coordination with other departments was already carried out under mutual aid agreements. He also suggested that if a common fire department dispatch system was set up, then police dispatch might end up being a separate service at increased cost to the Village. Mr. Goncy pointed out that the Village was at the mercy of Macedonia's decisions on the matter already; Chief Robinson suggested that the Village could try to return to Hudson's dispatch service. He asked, rhetorically, whether Northfield Center Township could be expected to pay for an EMS service headquartered at the Boston Heights Fire Station. Mr. Palumbo pointed out that the Village would be left out of the decision-making process that came from this study if it did not participate -- whether or not the Village eventually adopted any coordination policies that resulted from it. Councilor Teri Slane asked whether the EMS reimbursement fund could not be spent some other way, presumably more usefully. Clerk-Treasurer Carol Zeman replied that it could be otherwise spent, but only for services, not for equipment. Councilor Mike Cheung suggested that the $5850 fee was the "ante to sit at the table" on negotiations for future fire service coordination, even if the Village eventually chose not to participate in any process beyond mutual aid. Councilor Janet Miller pointed out that there had been earlier concerns that the Village might be stuck for 1/5 of any equipment purchases, and that she now understood that this was not going to happen. She did not want to hurt the Village's own fire department, but felt participating in the study did make sense. Councilor Jim Hudson noted that Macedonia was the "largest player" in this study group, and that Sagamore Hills had "nothing to bring to the table" since it already contracted out all its fire services. He recounted printed reports that Mayor Milani of Northfield Village was against this entire process; Mr. Goncy replied that the Northfield Council may have overruled their Mayor in the interest of its citizens. Mr. Hudson concluded that the $5850 fee was "a lot to spend" and that in the end Macendia will end up "having a larger fire department". The resolution to pay for participation in the fire services study did pass, as follows: For: Mike Cheung, Janet Miller, Paul Palumbo Against: Teri Slane, Jim Hudson (Note that as chairman for this meeting, Bill Goncy could not vote on this or any other measure).