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Boston Heights Overlook

This is a publication of Boston Heights Overlook.
Not an official public document by, of or for
the Village of Boston Heights OH.


VILLAGE OF BOSTON HEIGHTS

45 E. Boston Mills Road
Hudson, OH 44236

SPECIAL COUNCIL MEETING - March 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.]

The regular Council meeting for March 2006 was cancelled due to lack of quorum; this is the make-up meeting.

[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.]

ROLL CALL

Council members present: Bill Goncy (President Pro Tempore), Jim Hudson, and Paul Palumbo, Mike Cheung, Janet Miller, Teri Slane.
Also present: Mayor Ray McFall, Clerk-Treasurer Carol Zeman, Solicitor Russ Pry, and Engineer Steve Schreiber.

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA


MINUTES PRESENTED FOR CHANGE, CORRECTION OR ADOPTION

Minutes of the February 2006 regular meeting were approved.


CORRESPONDENCE

Clerk-Treasurer Carol Zeman noted that Northfield Center Township was holding an informational meeting on the major league Soccer Stadium complex proposed for just north of Boston Heights. This was scheduled for 15 March 2006, 7PM at Northfield Elementary School. Councilor Janet Miller asked whether the Village was planning to send a representative; Councilor Bill Goncy said he was going but welcomed others to attend as well.
[See the Akron Beacon Journal's article on this meeting: "Residents kick about soccer park"].


Mayor Ray McFall announced that the Summit County Board of Elections will be accepting voter registrations, and demonstrating the new county voting machines, at the Boston Heights Village Hall on these dates: 31 March, 1 April and 3 April 2006, 11AM to 7PM.


Village Engineer Steve Schreiber explained a letter he had sent to the Mayor reporting complaints from various residents along Olde Eight, who are getting unexpected sewer maintenance bills despite having no hookups to the sewer line. Mr. Schreiber said that while the Meghan's Lane sewer extension was in process, he had confirmed with the county sewer authority that there would be no fees for residents along the line who had not hooked up. Now he was getting a different story, but believes he has the ear of the right people at the county, and expects these fees to be rescinding. Responding to questions from Council, it appears that these fees are being charged by the frontage foot, and are around $36-40 per half.


Council President (Pro Tempore) Bill Goncy advised Council of his correspondence with the County Engineer's office regarding the storm water outfall mapping required by the Village's Storm Water Management Program. Mr. Goncy has been spearheading the Village's compliance with that program, along with the Village Engineer, and had arranged for the County Engineer's staff to perform this mapping. The county will provide 2 people, a vehicle and the necessary GIS hardware for about $1840. He asked for a resolution to confirm this expenditure, but it was determined that a purchase order was all that was necessary. Mr. Goncy will then notify the County Engineer to schedule this service; he added that residents will be notified through the Village's Boston Heights News mailing (presumably so they will not be too alarmed when they see these workers roaming around the Village).


AUDIENCE PARTICIPATION

David Molnar, of 245 Hines Hill Road in the Wooded View development, appeared with his builders to discuss the concerns of his neighbors, and perhaps the Village, over a proposed large-ish outbuilding. This was discussed at some length at the (cancelled) Council meeting of 8 March 2006. Village Solicitor Russ Pry said that the Village had discussed assisting the incipient Wooded View Homeowners' Association by notifying residents of that association's building requirements. One of the builders said she had been stalled on receiving a building permit from the Village Hall, after previously being told it was a routine matter. Mayor Ray McFall explained that he had asked the Building Inspector to hold the permit until a proper site plan was submitted and the Homeowners' Association was notified.
Mr. Molnar recounted the history of his purchase of the property in 2005, and recalled that he had cleared this type of outbuilding with Mr. Saffron, the developer of Wooded View. He also pointed out that until the Homeowners' Association was officially organized, that function rested solely with Mr. Saffron -- who had no objection to his outbuilding. He added that he did not intend the building to be an "eyesore".
Village Engineer Steve Schreiber explained that the building inspector was supposed to route all major outbuildings past him to ensure that the site plans included proper storm water drainage. From the audience, Zoning Inspector David Himes stated that he had approved the zoning certificate for this building, as it met all required setbacks. Solicictor Russ Pry explained that the Village was not going to enforce Homeowners' Association requirements, but that those might be enforceable by court action due to covenants in the property deeds. This was followed by further discussion on the merits of Homeowners' Associations in general, or lack thereof.
Mr. Molnar further inquired about filling in his ditches with culverts. He was initially told "no" because of the Village's general policy against this where a development's drainage plan relied on ditches. Subsequently, however, Mr. Schreiber seemed to say that he would review such a plan. He wanted a valid topological site plan to conduct a drainage review, and directed Mr. Molnar's builders to the Village Hall for a site plan checklist.


LEGISLATION

ORDINANCE G-2006

[Adopted as Ord. 7-2006]

AN ORDINANCE AMENDING CHAPTER 147.04 "HOLIDAYS" OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS TO ADD A NEW SECTION (D) AND DECLARING AN EMERGENCY.

This ordinance essentially states that an employee who is scheduled to work on a Holiday but calls off sick will have that time classified as holiday time, not sick time. This was brought up by Police Chief Varga at the recent Finance Committee meeting, as it primarily affects police officers -- most other workers, including fire and road personnel, are never scheduled to work holidays, though they may do so on-call, as needed.

ORDINANCE H-2005

Adopted as Ord. 8-2006]

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

This ordinance establishes a new "Federal Forfeiture Fund" for the Village. From discussions at the recent Finance Committee meeting, it appears that this will serve as a repository for funds realized from police department seizures of contraband, under Federal law. For example, the police department has seized a number of vehicles in drug busts over the past few years. It appears that this fund is expected to be used for replacement and upgrade of police department equipment.

RESOLUTION M-2005

[Adopted as Resolution 13-2006]

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

Councilor Janet Miller stated that she had, in fact, reviewed these statements. Councilor Mike Cheung abstained from the vote, noted that he had not had time to review them; all other Council members voted "yes".

RESOLUTION N-2006

[Adopted as Resolution 14-2006]

A RESOLUTION AUTHORIZING THE DONATION OF FOUR (4) SELF CONTAINED BREATHING APPARATUSES (SCBAS) TO THE UNIVERSITY OF AKRON.

This equipment had been replaced last year under a federal grant to the Fire Department; this disposes of the older equipment. Councilor Mike Cheung abstained from the vote, noting that he was employed by the University of Akron; all other Council members voted "yes".

RESOLUTION N-2006

[Adopted as Resolution 15-2006]

A RESOLUTION AUTHORIZING THE DONATION OF 20 LENGTHS OF 3" X 50 FEET FIRE HOSE TO THE EAST HANCOCK FIRE AND RESCUE DEPARTMENT OF HANCOCK, MISSISSIPPI.

The Village Fire Department no longer uses this size hose, and has taken this equipment out of service. Therefore it is donating it to a fire department that was adversely affected by the 2005 hurricanes. Here is an article on the impact of Hurricane Katrina on this fire department.

RESOLUTION P-2006

[Adopted as Resolution 16-2006]

A RESOLUTION CONFIRMING THE APPOINTMENT OF KIMBERLY SMITH TO THE POSITION OF FIRST RESPONDER WITHIN THE FIRE DEPARTMENT OF THE VILLAGE OF BOSTON HEIGHTS, OHIO.

Councilor Janet Miller asked whether Council had not already confirmed this appointment in the past (and she's right: see Resolution 15-2004). Mayor Ray McFall responded that there was some sort of defect in the original appointment in that it actually said firefighter instead of First Responder. Councilor Paul Palumbo asked if anything needed to be done (about the earlier appointment); a somewhat murky response from Solicitor Russ Pry seemed to suggest that the earlier appointment was moot due to expiration of its probationary period.

RESOLUTION Q-2006

[Adopted as Resolution 17-2006]

A RESOLUTION CONFIRMING THE APPOINTMENT OF DWAYNE A. SOBLOSKY TO THE POSITION OF FIREFIGHTER WITHIN THE FIRE DEPARTMENT OF THE VILLAGE OF BOSTON HEIGHTS, OHIO.

Councilor Teri Slane asked, in light of the recent abolition of fire department residency requirements, whether Mr. Soblosky was in fact a resident. Mayor McFall and Solicitor Pry explained that he was a resident, and in fact had already been appointed to the department, but required a re-appointment due to a conflict between his military service and the necessary firefighter training timetable.

RESOLUTION R-2005

[Adopted as Resolution 18-2006]

A RESOLUTION AUTHORIZING THE PURCHASE OF FIVE NEW SHOTGUNS FOR THE VILLAGE OF BOSTON HEIGHTS AND FINDING THAT SIX EXISTING SHOTGUNS OWNED BY THE VILLAGE ARE NO LONGER FIT FOR PUBLIC USE.

This allows the police department's six shotguns to be traded in and five new shotguns purchased at $450 each (less trade-in allowance). At the recent Finance Committee meeting, Chief Varga stated that this would all be handled through an authorized law enforcement ordnance dealer, so that the old shotguns would not end up "on the street". The guns will be purchased through the Federal Forfeiture Fund establised above.

RESOLUTION S-2005

[Adopted as Resolution 19-2006]

A RESOLUTION AUTHORIZING THE CREATION OF A SPECIAL COMMITTEE OF COUNCIL TO BE DESIGNATED AS THE ECONOMIC DEVELOPMENT COMMITTEE.

Councilor Janet Miller brought up this idea at the recent Finance Committee meeting. She had been approached by several residents with the idea of what sounded like a citizen's committee for village economic development. Council decided instead to form an official Council subcommittee of three members; it is a special committee for now, but may be made a standing committee sometime in the future. See also below for the formation of the Economic Development Committee.

RESOLUTION T-2005

[Adopted as Resolution 20-2006]

A RESOLUTION AUTHORIZING THE CLERK-TREASURER TO ADVERTISE FOR BIDS FOR "LABOR ONLY" SERVICES FOR THE INSTALLATION OF A NEW SEPTIC SYSTEM FOR THE VILLAGE BUILDINGS.

The Village is still trying to get a new septic system installed for the entire Village Hall complex, including the Fire Station. Currently the Village is expecting to buy the necessary materials and contract out only the labor. Bids for this project are due 4PM on 10 April 2006. Solicitor Pry asked whether the due date for bids needed to be modified, as this resolution had been delayed; Clerk-Treasurer Carol Zeman said it was OK.

COMMITTEE REPORTS

Councilor Mike Cheung reported on the Planning Commission & Board of Zoning Appeals meeting of 1 March 2006. He made particular note of two matters that will be addressed at a series of public hearings on Wednesday, 12 April 2006, 6:45PM at the Village Hall: the Riparian Setback Ordinance, and a PC recommendation regarding the proposed addition of PDAs to the Zoning Code. The latter is related to a proposed development on the Boston Hills Country Club.
The next PC/BZA meeting will be Wednesday, 5 April 2006, 7PM at the Village Hall.


Council President (Pro Tempore) Bill Goncy reported on a number of matters:


Village Engineer Steve Schreiber reviewed various letters he had sent out on the Village's behalf, and noted an upcoming 21 March meeting with Hudson to discussed the traffic light planned for the Route 8 ramp at Route 303 and Chittenden Road. (Coordination is required between that light, the Terex Road light, and the signal at Route 303 and Akron-Cleveland Road.) He pointed out the newly-received plans for the Route 8 upgrade through the Village, showing right-of-way routings and property takes; these will be available in the Village Hall. He also reported meeting with a large furniture retailer that was interested in a 5 acre site in Boston Heights; they had originally been interested in the site north of Chittenden Road until they found much of it would be taken by the Chittenden Road extension during the Route 8 upgrade.


Councilor Jim Hudson relayed a report of the Road Department's usual doings, including village facility maintenance and, in particular, preparation of the new police cruisers and disposal of the old ones.


OLD BUSINESS

Mayor McFall asked for, and got, volunteers for Council's new Economic Development Committee: Janet Miller (chair), Teri Slane, Mike Cheung.


NEW BUSINESS

Village Engineer Steve Schreiber asked for guidance on his standard bid package requirement for around $2M in liability insurance, as applied to the bidding on the Village Hall septic project. Clerk-Treasurer Carol Zeman expressed the view (apparently passed on by the Mayor) that excessive insurance requirements had stymied earlier efforts. After a very long and very fruitless discussion, no action was taken to change the Engineer's standard bid requirements.


ADJOURN




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