COUNCIL MINUTES
VILLAGE OF MADISON
Regular Meeting
June 20, 2005
Mayor Evangelista called the meeting to order at 7:03 p.m. and invited all in attendance to join in the Pledge of Allegiance to the American Flag. Council Members Mr. Britton, Mr. Buck, Mr. Burgard, Mr. Loparo, Mr. Toward and Mr. Vest were present. Also in attendance; Mayor Evangelista, Solicitor Murray, Fiscal Officer Pinkert, Eric Haibach for Engineer Foley and Chief Forsythe..
Fiscal Officer Pinkert presented Pay Ordinance #2091 totaling $33,008.74 for payroll and $108,209.76 for current and upcoming expenses. Fiscal Officer Pinkert added that the approval of Pay Ordinance #2091ncludes some Then and Now Certificates that are more three thousand dollars. Motion by Mr. Toward, seconded by Mr. Burgard, to approve Pay Ordinance #2091 Roll call on the motion, 5 yeas and 1 abstain (Buck). Motion passed.
Larry Larson, 239 West Main Street, inquired about the severance package for John Sample and asked where the money will come from. Mr. Larson also read a prepared statement regarding the use of Village resources using for personal purposes during work hours. Mr. Larson also asked Mayor Evangelist who negotiated the severance package, if legal counsel was consulted and how it can be justified.
Mayor Evangelista said that the package was put together by Council and that solicitor Murray was involved. Solicitor verified that the terms of the settlement were related to him. Mr. Britton explained that John Sample was approached about retirement and that he proposed a settlement that was approved by four members of Council.
Larry Larson also asked Chief Forsythe why there have been so many reprimands in the police department recently and also expressed concerns about the recent fires in the Village and questioned the experience of the officers assigned to those cases. Chief Forsythe said that although is hasn’t been “many” reprimands, there were some issues that needed addressed. Mr. Loparo said that personnel issues shouldn’t be discussed in public.
Jack Lading, 603 W. Main Street, expressed concerns about drivers swerving to avoid obstacles caused from the paving of Route 528 in the Village and asked if someone can contact O.D.O.T. about the problem. Eric Haibach said that the project is on schedule and also offered to contact O.D.O.T.
Rich Janco, 178 E Main Street, expressed concerns about the severance package offered to John Sample and said that he should only get the standard retirement. He also asked how the Village is going to pay for the package given to John Sample. Mayor Evangelista said that it will put stress on the budget.
Ruth Kuhn, read a prepared statement in support of John Sample, saying that the meeting of June 6, 2005 was a witch hunt and that the Village will struggle to replace him. She added a “thank you” to John Sample for his service to Madison Village and said she supports a resolution for John Sample.
Larry Larson, 239 W. Main Street, said that John Sample should have to wait as long as Former Chief Ed Matty has for a resolution.
Grace Reece, 337 W. Main Street, requested Mayor Evangelista read a statement she submitted to Council at an earlier time. Mayor Evangelista read the statement expressing concerns about large payments being approved to people for non-job performance. The letter in its entirety is included as part of the regular minutes.
Susan Quayle, 715 West Main Street, asked where John Sample came up with the amount of $60,000 for a settlement.
Kim Mock, 420 River Street, asked how John Sample’s package compares to Ed Matty’s and if John Sample had to sign a non-disclosure agreement.
Mr. Vest said that he has been in correspondence with Solicitor Murray in regard to this issue trying to come up with the best solution for both parties. He added that because it isn’t over there shouldn’t be any more discussion due to it being a personnel issue. Mr. Britton said that there is a signed document and that to back out now would cause legal problems.
Solicitor Murray explained that generally non disclosures aren’t enforceable and that John Sample wasn’t required to sign one.
OLD BUSINESS
ORDINANCE NO. 25-2005 was read by Solicitor Murray, third reading. AN ORDINANCE AMENDING ORDINANCE NO. 33-1996, AS AMENDED, AND THE DISTRICT MAP AND DISTRICT MAP DESIGNATIONS WHICH FORM A PART OF THE ZONING CODE OF THE VILLAGE OF MADISON BY CHANGING THE LAND USE OF AND REZONING A CERTAIN PARCEL OF REAL PROPERTY LOCATED AT WATER TOWER DRIVE IN MADISON VILLAGE, FROM “R-2" SINGLE FAMILY RESIDENCE DISTRICT TO “B-4" INTERSTATE BUSINESS DISTRICT.
Motion by Mr. Britton, seconded by Mr. Buck, to approve Ordinance No. 25-2005. Roll call, 6 yeas. Ordinance No. 25-2005 duly passed.
ORDINANCE NO. 26-2005 was read by Solicitor Murray, third reading. AN ORDINANCE REGULATRING PEDDLERS, SOLICITORS AND CANVASSERS: PROVIDING DEFINATIONS: REQUIRING APPLICATIONS, PERMITS AND FEES: PROVIDING REGULATIONS AND PROHIBITIONS: AND DECLARING AN EMERGENCY.
Motion by Mr. Toward, seconded by Mr. Buck, to approve Ordinance No. 26-2005. Roll call, 5 yeas and 1 nay (Vest). Ordinance No. 26-2005 duly passed.
ORDINANCE NO. 29-2005 was read by Solicitor Murray, second reading. AN ORDINANCE TO APPROVE, ADOPT AND ENACT NEW TRAFFIC AND GENERAL OFFENSES CODES; AND DECLARING AN EMERGENCY.
NEW BUSINESS
ORDINANCE NO. 31-2005 was read By Solicitor Murray, first reading. AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $1,525,000 NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF IMPROVING THE WATERWORKS SYSTEM OF THE VILLAGE BY INSTALLING AND REPLACING WATERLINES, HYDRANTS AND VALVES, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, IMPROVING RIVER STREET BETWEEN CERTAIN TERMINI BY CONSTRUCTING SANITARY SEWERS, MANHOLES AND SERVICE CONNECTIONS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, IMPROVING BATES ROAD BETWEEN CERTAIN TERMINI BY THE CONSTRUCTION OF A WATERLINE TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, IMPROVING WEST MAIN STREET BETWEEN CERTAIN TERMINI BY CONSTRUCTING A WATERLINE, HYDRANTS, VALVES AND SERVICE CONNECTIONS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, AND IMPROVING THE SEWERAGE SYSTEM OF THE VILLAGE BY CONSTRUCTING SANITARY SEWERS AND MANHOLES, TOGETHER WITH THE NECESSARY APPURTENANCES THERETO, TO ELIMINATE THE PARKWAY PUMP STATION, AND DECLARING AN EMERGENCY.
Motion by Mr. Loparo, seconded By Mr. Britton, to suspend the three reading rule for Ordinance No. 31-2005. Roll call, 6 yeas. Motion passed. Motion by Mr. Vest, seconded by Mr. Buck, to approve Ordinance No. 31-2005. Roll call, 6 yeas. Ordinance No. 31-2005 duly passed.
ORDINANCE NO. 32-2005 was read by Solicitor Murray, first reading. AN ORDINANCE PROVIDING FOR ADDITIONAL APPROPRIATIONS AND ADJUSTMENTS TO VARIOUS LINE ITEMS FOR THE CURRENT EXPENSES AND FOR OTHER EXPENDITURES OF THE VILLAGE OF MADISON, OHIO, FOR THE PERIOD BEGINNING JANUARY 1, 2005, TO AND INCLUDING DECEMBER 31, 2005, AND DECLARING AN EMERGENCY.
Motion by Mr. Britton, seconded By Mr. Burgard, to suspend the three reading rule for Ordinance No. 32-2005. Roll call, 6 yeas. Motion passed. Motion by Mr. Britton, seconded by Mr. Loparo, to approve Ordinance No. 32-2005. Roll call, 6 yeas. Ordinance No. 32-2005 duly passed.
ORDINANCE NO. 33-2005 was read by Solicitor Murray, first reading. AN ORDINANCE ACCEPTING THE RESIGNATION OF JOHN D. SAMPLE AND AUTHORIZING THE ,AYOR TO ENTER INTO A CONTRACT WITH JOHN D. SAMPLE FOR RESOLUTION OF ANY EMPLOYMENT ISSUES AND DECLARING AN EMERGENCY.
Mr. Britton, no report.
Mr. Toward no report.
Mr. Vest no report
Mr. Loparo reported that he has been working with Fiscal Officer Pinkert on the budget for 2006.
Mr. Buck reported a S. Appaloosa Trail resident has concerns about a creek being silted with soil and that she hasn’t been able to contact American International. He asked if they have informed the Village
of new ownership or name change. Eric Haibach said that they are still operating under American International.
Mr. Burgard, no report.
Eric Haibach gave the following updates Village projects.
Police Chief Forsythe also reported the following:
Police Chief Forsythe also read a letter that was submitted by a resident is support of the Police Department and thanking them for their efforts in drug enforcement.
FISCAL OFFICER REPORT
No report.
MAYOR’S REPORT
Mayor Evangelista reported the following:
Mayor Evangelista reported the following dates:
June 23rd Mayor’s Court
June 25th Madison Senior Center Grand opening
July 4th Holiday
July 8th WKKY-Lake Tran Night Classic park
July 11th Planning Commission
Motion by Mr. Toward, seconded by Mr. Buck to cancel the regular council meeting on July 4, 2005. Roll call on the motion, 5 yeas and 1 abstain (Loparo). Motion passed.
Mayor Evangelista requested a ten minute recess followed by executive session in order to discuss legal, budgetary and personnel issues.
Motion at 8:03 pm by Mr. Buck, seconded by Mr. Vest, to adjourn for a ten minute recess followed by executive session to discuss legal and personnel issues. Roll call on the motion, 5 yeas and 1 nay (Loparo). Motion passed. Mayor Evangelista informed everyone that there wouldn’t be any business after executive session.
Mayor Evangelista called the meeting to order after executive session. Council Members Mr. Britton, Mr. Buck, Mr. Burgard, Mr. Loparo, Mr. Toward and Mr. Vest were present. Also in attendance; Mayor Evangelista, and Solicitor Murray.
Motion by Mr. Britton, seconded by Mr. Vest, to adjourn. Roll call, 5 yeas. Meeting adjourned.
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