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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

REGULAR COUNCIL MEETING - September 8, 2004 - 8:00 P.M.

AGENDA

[and Editor's Notes on Council Meeting.]

ROLL CALL

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

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

MINUTES PRESENTED FOR CHANGE, CORRECTION OR ADOPTION

Minutes approved for the August regular meeting.

CORRESPONDENCE

Clerk-Treasurer Carol Zeman reported that the Salvation Army has announced that there are funds available to assist Summit County military families that are experiencing financial hardship. Eligible recipients must be Summit County residents, have one or more immediate family members called in to active duty, and as a results are receiving less income. Funds will be given as grants and can be used for a wide variety of expenses.
Contact: Maj. Karla Clark (née Karla Whiteleather) (email: karla.clark @ use.salvationarmy.org, phone: 330-762-8481), Salvation Army, 190 South Maple Street, Akron OH 44302.


Mrs. Zeman also mentioned that an airdrop of raccoon anti-rabies bait would begin 14 September, and last several days.


Mayor Ray McFall reported that "very good headway" is being made on deconstruction of the derelict Omni hotel at Route 8 and Hines Hill Road, formerly the Days Inn, Hudson Inn, Brown Derby, Yankee Clipper, etc. Asbestos removal should be begin soon (as the necessary permit had just been issued). The mayor expects the entire hotel will be demolished within 30 days.


Village Engineer Steve Schreiber reported that he will be attending a 16 September meeting to discuss applications for Issue 2 state funding on these projects:

Issue 2 funds have been refused for both of these projects in previous years.


AUDIENCE PARTICIPATION

Jane Robinson, of Olde Eight Road, asked whether the Village could organize a "Community Meeting" sometime late in September, to offer a Q&A on the proposed increase in the municipal income tax. She hoped that this could be publicized in the Boston Heights Report newsletter. Mayor McFall noted that the Village was, since June 2004, no longer mailing the Boston Heights Report (presumably due to the Village budget crunch). However, he and Clerk-Treasurer Zeman thought that something along these lines could be organized; Mrs. Zeman recalled that a representative from RITA had appeared at such meetings in the past.
Mrs. Zeman noted that the Political Action Committee (PAC), organized for the previous attempts at this increase, was closed. Mayor McFall suggested that a new PAC should be organized. Mrs. Robinson asked for volunteers from Council and the public to serve on a committee to promote the income tax increase. Solicitor Russ Pry cautioned that the committee should elect a treasurer and properly register as a PAC before spending any money.
Chris Gorczycki of Parkside Court (Wooded View) suggested that a guarantee be made that the current 100% tax reciprocity would be retained. He felt that there had been some confusion concerning this point during previous attempts to pass a tax increase.


A large contingent of residents from Wooded View Estates turned out to discuss the Village's stance against further culverting of ditches -- hanc marginis exiguitas non caperet. A few highlights, however:

Doug Ross, of Parkside Court (Wooded View), stated that he had built his home last year and, preparing to complete the landscaping, now finds that the Village will not permit him to enclose the ditches along the street. He pointed out that others in the neighborhood had done so already, and while he did want to do things legally and correctly, he did not understand why he was being thwarted by the Village Engineer. Mr. Ross also pointed out that the Village was not cleaning and maintaining what ditches there were in the neighborhood.
Village Engineer Steve Schreiber responded that he had been directed to enforce the current Village policy against culverting and enclosing roadside ditches. He added that he had proposed a version of Hudson's rather elaborate ditch elimination policy PDF; he expected Council's Road Committee to consider it soon.
Mayor McFall said he would get with Road Superintendent Jim Robinson to get the ditches cleaned out. The Mayor added that he thought many of the existing ditches were enclosed "illegally"; that is to say, without obtaining a permit from the Road Superintendent.
This causes a flurry of disagreement -- several Wooded View residents stated that they, or their neighbors, had arranged for the Village's own Road Department to enclose their ditches, with nary an objection.
Donald Villenauve, of Wooded View Drive, asked whether the Village's requirement for asphalt at driveway entrances was retroactive -- would existing concrete driveway entrances be torn up? (see Codified Ordinances 901.01(c); Ordinance 12-2003). Mayor McFall said "no". He then asked the same about enclosed ditch culverts; Engineer Schreiber said that matter was under consideration, and pointed out that some such ditches had been restored in the recent Colesbrooke Road rebuilding project (against the wishes of the residents there). Mr. Villenauve asked who Wooded View's Council representative was; it was explained that all council members served "at large".
Joyce Selzer, of Parkside Court (Wooded View), asked how the residents "could get a representative on the Road Committee". It was explained that these were Council committee meetings, and so were open to the public; the Finance Committee meetings (where most Council deliberation actually occurs) will be on the 4th Tuesday of each month (3rd in December), and that Road Committee meetings were scheduled as needed. (Note: interested residents should see the recently enacted Council Notification Rule.)
Ted Chandler, of Wooded View Drive, asked for the rationale behind the Village's moratorium on ditch enclosures. Engineer Schreiber explained the issues of road drainage and stormwater handling at some length, citing the road problems in the Ashbrooke neighborhood as an example. Chris Gorczycki asked whether the Village really knew whether the drainage system had been properly designed in the first place, and even if so, whether it had been properly implemented. He cited a suspicious confluence of drainage pipes near his street. Mr. Schreiber stated that Council had not (yet?) directed him to do a field verification of the drainage system in Wooded View Estates, but he was aware of some discrepencies in the implementation of the Phase 1 drainage scheme. There was a further general discussion on this point.
Yolande Chandler of Wooded View Drive, and Bob Levak of Parkside Court, suggested that open ditches encouraged standing water and so were a health hazard, and that removal of ditch culverts would make matters worse. Mr. Schreiber replied that properly pitched and graded ditches would not have standing water.
Mr. Schreiber added that the Wooded View development was originally designed, and accepted by the Village, with "rural-residential" ditch drainage, and that the Village's two newest subdivisions were also being developed that way.
Kevin Lightner, of W. Hines Hill Road (Wooded View), noted that this issue has been dragging on for over 13 months with no resolution in sight, and with no success in engaging the original developer. He asked that these drainage and ditching issues be resolved once and for all.
Solicitor Russ Pry gave a brief summary of the historical and current situation as heard so far. There was further discussion of the history and future of the Wooded View drainage system. Mr. Gorczycki wondered whether Phase 3 drainage was ever constructed properly at all.
Mr. Chandler wondered whether the Road Committee was qualified to decide such matters, whether the observed road deterioration might be due to poor construction rather than poor drainage, and why innocent homeowners might have to "pay the consequences" when it may be the developers (or Village) that "goofed" in the past. Councilor Bill Goncy replied that the Road Committee relied on the Village Engineer for technical information, and went on to make some lengthly remarks on the general subject of storm water management, and the Village's specific troubles in that arena.
Ed Selzer, of Parkside Court, stated that where his home was situated, at the hilltop cul de sac, there were no drainage problems and ditches would "look ridiculous". He was pointed out that at least some deterioration of Wooded View Drive was due to truck traffic; Mr. Schreiber agreed with that point.
Joe Rock, of Parkside Court, asked whether it was true that a certain contractor had repeatedly been refused permission to enclose ditches in Wooded View; Mayor McFall said that was so, and that the contactor "wouldn't take 'no' for an answer".
Kevin Mahoney, of Wooded View Drive, mentioned that his ditch culvert had in fact been removed by the Village, and that he was working with Engineer Schreiber to come up with some way to permit its re-installation. He suggested that this might be the best course of action for the neighborhood in general.


Mr. William Hinkle, of Boston Mills Road, pointed out some errors in Ordinance S-2004 and made some suggestions. After a large amount of paper rustling, it appeared that Ordinances R and S had been mixed together in the Council packets, and Solicitor Pry thought that these should be First Reading only, and not rushed to passage. Mr. Pry understood that there were some possible insurance implication for the Village in getting these codes updated soon. (Both items were eventually referred back to the Finance Commmitte.)


ORDINANCE G-2004

[Third Reading]
[Adopted as Ordinance 17-2004]

AN ORDINANCE AMENDING CHAPTER 521.12(a) OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS TO PROVIDE FOR A NEW CHAPTER 521.12(a) REGARDING "WEED CUTTING" AND DECLARING AN EMERGENCY.

See last month's notes on this ordinance.
This measure has been revised at the last Finance Committee meeting to include the previous ordinance's limitation on the area that is required to be mowed off. Around a building there must be a mowed area of fifty (50) feet front and rear, and twenty-five (25) feet on each side, no higher than eight (8) inches.
The main changes from the previous ordinance are: establishing a criterion of 8 inches; establishing a fixed charge of $100/hour if the Village has to mow the lot, and $100 additional penalty if the property owner doesn't pay up before a lien has to be filed.

ORDINANCE R-2004

[First Reading]
[Referred to Finance Committee]

AN ORDINANCE REPEALING CHAPTER 1309 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND ADOPTING THE INTERNATIONAL RESIDENTIAL BUILDING CODE OF 2003 AS AN OFFICIAL STANDARD BUILDING CODE FOR THE VILLAGE OF BOSTON HEIGHTS.

See Engineer Schreiber's remarks above; this measure was at the suggestion of the Building Inspector, Ron Marusiak. As there had been no deliberation on this matter at all, Solicitor Pry and various members of council decided to ask the Building Inspector to appear at the next Finance Committee meeting (28 September, 7PM) to explain.
In addition, Solicitor Pry suggested that the "emergency" clause be dropped.

ORDINANCE S-2004

[First Reading]
[Referred to Finance Committee]

AN ORDINANCE REPEALING CHAPTER 1301 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND ADOPTING THE INTERNATIONAL BUILDING CODE OF 2003 AS AN OFFICIAL STANDARD BUILDING CODE FOR THE VILLAGE OF BOSTON HEIGHTS.

See Engineer Schreiber's remarks above; this measure was also at the suggestion of the Building Inspector, Ron Marusiak. The Building Inspector will be asked to appear at the next Finance Committee meeting (28 September, 7PM) to explain.
In addition, Solicitor Pry suggested that the "emergency" clause be dropped.

ORDINANCE T-2004

[First Reading]
[Referred to Finance Committee]

AN ORDINANCE AMENDING CHAPTER 1305.01 AND 1305.02 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS AND UPDATING THE NATIONAL ELECTRICAL CODE OF THE VILLAGE OF BOSTON HEIGHTS TO COINCIDE WITH THE REVISIONS TO SAID STANDARD CODES AND DECLARING AN EMERGENCY.

As with the Building Code items above, Council decided to ask Electrical Inspector Dick Donley to explain this change, at the next Finance Committee meeting (28 Sep., 7PM). In this case, however, there had been some discussion of this code update at the previous Finance Committee meeting; the current ordinances call for NEC 1999 and this measure would update them to NEC 2002. (Just in time for NEC 2005, which comes out next year!)
In addition, Solicitor Pry suggested that the "emergency" clause be dropped.

ORDINANCE U-2004

[Adopted as Ordinance 18-2004 as amended]

AN ORDINANCE ESTABLISHING THE DATES AND TIMES OF THE FINANCE COMMITTEE MEETINGS FOR THE VILLAGE OF BOSTON HEIGHTS.

Previously Finance Committee meetings had been on the last Tuesday of each month, except when they weren't.
The new schedule for the Finance Committee meetings is as follows:
7PM the 4th Tuesday of each month, except December when it is the 3rd Tuesday.

Before approval, the ordinance was amended to remove the "emergency" clause, so this new schedule goes into effect in 30 days.

ORDINANCE V-2004

[Adopted as Ordinance 19-2004 as amended]

AN ORDINANCE AMENDING CHAPTER 123.01 "POSTING PLACES" OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS.

The previous posting places were seriously out of date, and some of the business were reported to be just throwing away the Village missives rather than posting them.
The new Village posting places "for publication of all ordinances and resolutions passed by Council" are as follows:

Before approval, the ordinance was amended to remove the "emergency" clause, so these posting places go into effect in 30 days.

ORDINANCE W-2004

[First Reading]
[Referred to Finance Committee]

AN ORDINANCE AMENDING CHAPTER 903.03 "CATCH BASINS" OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS.

This ordinance addresses the contentious issue of ditch culverts and catch basins, which has stirred up several neighborhoods in the Village over the past year or so (see the audience discussion above).
Council decided that this measure required further deliberation at the next Finance Committee meeting (28 Sep., 7PM).
In addition, Solicitor Pry suggested that the "emergency" clause be dropped.
Here is the proposed new text for Chapter 903.03:


Title: Covered Ditch - Catch Basins.

Prior to the installation or alteration of any driveway or open ditch approval of the Street Commissioner shall be obtained. The Street Commissioner may require the installation of a catch basin to control sediment, water flow, or for maintenance purposes.

No open drainage ditch shall be enclosed with a buried pipe unless approved by the Street Commissioner. The Street Commissioner shall not approve any request of an applicant to enclose a ditch until the applicant has submitted plans to and received plans approval from the Village Engineer. The applicant shall pay for all costs required by the Village Engineer to review said plans.

The Street Commissioner shall remove any pipes enclosing ditches that are installed without proper approval following the enactment date of this Chapter. The property owner shall be liable for all costs incurred by the Village in the removal of improperly installed pipes, including all labor hours expended.

RESOLUTION HH-2004

[Adopted as Resolution 33-2004]

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 McLean Company, on Chittenden Road, has a 100% abatement of improved real estate and personal property taxes. This is the third year of the five-year abatement. At its July 2004 meeting PDF, the TIRC evaluated the company's investment and job creation performance, and recommended to continue the abatement agreement.

RESOLUTION II-2004

[Adopted as Resolution 35-2004]

A RESOLUTION ACCEPTING THE FINANCIAL STATEMENTS OF THE VILLAGE OF BOSTON HEIGHTS FOR THE MONTH OF JULY, 2004.

In conjunction with the recently-completed state audit, it was recommended that Council formally accept the Clerk-Treasurer's financial statement each month. Previously a Councilor (most recently, Mr. Goncy) had been reviewing these statements and making a brief monthly report. Hopefully some, or all, of Council will continue to review these reports before accepting them each month.

COMMITTEE REPORTS

Councilor Mike Cheung reported on the Planning Commission and Board of Zoning Appeals meeting of 1 September 2004. The PC had discussed changes to the Village's sign regulations, and would be continuing that discussion at the next meeting on 6 October 2004. Solicitor Pry mentioned that the matter of service station spacing would also be on the agenda for that meeting. (Note: It has been proposed that the minimum spacing be cut from 5000 feet to some smaller number; this in connection with a proposed Sheetz gas station at Hines Hill Road and Route 8.)


Council President (Pro Tempore) Bill Goncy reported that he had attended a meeting of the County's Storm Water Management Program. He also promoted the Summit Soil and Water Conservations District Photo Contest, running through the end of November.


Mr. Goncy also added that in light of the new monthly resolution accepting the Village's financial reconciliations, he would no longer make a separate report. He did note that he had reviewed the statements.


Councilor Janet Miller reported that she, Mayor McFall and Councilor Goncy had attended a meeting on the proposed Route 8 access road. Mr. Goncy explained that this was a marginal road proposed for the east side of Route 8, to run from Hines Hill to Twinsburg Road to Highland Road. The project is in the early conceptual stages.


Engineer Steve Schreiber reported that he and Road Superintendent Jim Robinson had examined the Village's roads and evaluated their maintenance needs. He saw a need for early repairs in the Ledges neighborhood and on Sholle Drive, along with a few other places. The Colesbrooke road repair project is just about completed; Mr. Schreiber thanked Mr. Goncy for his oversight and liaison efforts there. He also mentioned that Hudson Post Office was demanding that some residents there reposition their mailboxes. He reported that the Road Department had performed some crack sealing, and that Karvo Paving would be doing the same for Olde Eight and Boston Mills Roads within a few days. Repairs from the sewer installation along Olde Eight Road were another matter that remained to be resolved with that contractor. Annabelle Lake Estates was fully paved, with improvements near completion. He pointed out that the developer, Mr. Czerwien, was in attendance and hoping for acceptance of the plat; Solicitor Pry said this would have to wait for an ordinance to be drafted and accepted by Council. Mr. Schreiber also stated that, pending authorization, Tri Mor Contructions would be cement-stabilizing the worst areas of Norbury Drive (the entrance to Ashbrooke West) for $20,320. Quotes for the asphalt paving were pending. The Mayor authorized Mr. Schreiber to allow Tri Mor to proceed. Mr. Schreiber also gave the Mayor and Solicitor original copies of the Meghan's Lane development easement documents to sign off.


OLD BUSINESS

John Czerwien, who is developing the Annabelle Lake Estates subdivision north of Ashbrooke West, asked whether the Village could proceed to accept that plat. Mr. Pry reiterated that it would have to wait for Council to act formally. Presumably this matter will appear at the next Finance Committee meeting.


NEW BUSINESS

In response to a question, Mayor McFall stated that this Halloween's Trick or Treat would be on Saturday, 30 October 2004, from 6-8PM.


ADJOURN



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