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COUNCIL MINUTES VILLAGE OF MADISON Regular Meeting April 2, 2007
Record of Proceedings
Mayor Evangelista called the meeting to order at 7:02 p.m. and invited all in attendance to join in the Pledge of Allegiance to the American Flag. Mayor Evangelista requested that everyone observe a moment of silence. Council Members Mr. Britton, Mr. Bartlett, Mr. Hamercheck (entered the meeting at 7:33 p.m.), Mr. Lee, and Mr. Vest were present. Mr. Loparo was excused. Also in attendance, Mayor Evangelista, Solicitor Mike Murray, Administrator, Matt Zapp, Fiscal Officer, Brenda Brcak and Engineer, Ned Foley. Chief Mark Forsythe was also excused.
Motion by Mr. Britton, seconded by Mr. Bartlett that the Minutes from the Regular Meeting of Council, dated March 19, 2007 be approved as amended; Page four, paragraph 2, second to the last line to read “and our requirements to meet our debt needs.”. Roll call on the motion, 4 yeas. Motion carried.
Pay Ordinance No. 2133 totaling $33,288.27 for payroll and $80,626.73 for current and upcoming expenses was presented. Motion by Mr. Lee, seconded by Mr. Britton, to approve Pay Ordinance No. 2133. Roll call on the motion, 4 yeas. Motion carried.
Questions and Answers on Pending Legislation
Jack Lading, 603 West Main Street: regarding topic 5 and parking on Safford Street. Concerns were expressed about business vehicles, such as UPS and Federal Express trucks, blocking traffic on Main Street during business hours.
Larry Larson, 239 West Main Street: regarding Ordinance 75-2006 – Employee Handbook. Questions were raised on the status of the Safety Handbook and if the Auxiliary Handbook had been reviewed. Mayor Evangelista updated that the Safety Handbook was being reviewed and the Auxiliary Handbook was drafted, but issues were still pending.
Mr. Larson also referred to 10-2007 – Certifying Delinquent Sanitary Sewer Charges, Water Rents and Refuse. Requested status on an answer to the legality of final reading on water to residents prior to the rate increase being billed. Solicitor Murray responded that the water billings for the North side of the Village were based on actual reads and the north side was a non-issue. The South side was based on estimates from January through March 2007. The January billings were based on the old rates and not the new rates, which actually gave the south side of the Village an additional month grace period.
M. Janco, 178 East Main Street: regarding Ordinance 75-2006 – Employee Handbook. Mrs. Janco stated that one handbook should serve all employees of the Village, and did not see a need for duplicate efforts.
Old Business
ORDINANCE NO. 75-2006 status on Tabled Ordinance was reviewed. AN ORDINANCE ADOPTING A NEW EMPLOYEE HANDBOOK FOR VILLAGE EMPLOYEES, EXCEPT POLICE PERSONNEL, AND REPLACING ORDINANCE 22-1985. Proposed Ordinance to remain Tabled at this time. Final draft copies have been supplied to all of Council by Solicitor Murray. Mayor Evangelista updated that there is still a need to parallel the proposed Employee Handbook to the Safety Handbook and exempt employees need to be addressed in both handbooks. Compensatory Time also need to be further defined.
ORDINANCE NO. 10-2007 was read by Solicitor Murray, third reading. AN ORDINANCE CERTIFYING DELINQUENT SANITARY SEWER CHARGES, WATER RENTS, AND REFUSE AND GARBAGE COLLECTION FEES TO THE LAKE COUNTY AUDITOR FOR COLLECTION AS OTHER MUNICIPAL TAXES ARE COLLECTED, AND DECLARING AN EMERGENCY. Motion made by Mr. Vest, seconded by Mr. Lee that Ordinance 10-2007 be approved. Roll call on the motion, 4 yeas, Motion carried.
ORDINANCE NO. 12-2007 was read by Solicitor Murray, second 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 OR NEAR UNION STREET, 165 FEET WEST OF LAKE STREET, IN MADISON VILLAGE, FROM “R-2” SINGLE FAMILY RESIDENCE DISTRICT TO “B-1” BUSINESS DISTRICT.
New Business
Motion made by Mr. Britton, seconded by Mr. Vest to approve the usage of the Village bandstand by the Shawnee Squares on Wednesday evenings from 7-9 PM, June 6, 2007 to August 29, 2007, as requested. Roll call on motion, 4 yeas. Motion carried.
Motion made by Mr. Bartlett, seconded by Mr. Lee to approve the usage of the Central Park and bandstand for the Madison Historical Society plant sale, during daylight hours on May 10-13, 2007, as requested. Roll call on motion, 4 yeas. Motion carried.
Motion made by Mr. Vest, seconded by Mr. Bartlett to approve the usage of the Village bandstand by Rabbit Run for the RRCAA art classes, weekdays from June 18 – July 20, 2007, as requested. Roll call on the motion, 4 yeas. Motion carried.
Mr. Hamercheck entered the meeting at 7:33 PM.
Motion made by Mr. Lee, seconded by Mr. Britton to approve Quarterly Blanket Purchase Orders for the second quarter of 2007 for: Lake County Department of Utilities (Water Consumption) - $52,500; Waste Management (Consumer Garbage) - $31,500; Redmond, Walker & Murray (legal) - $5,500 Safety, $5,500 Administration & Other; Shell Fleet Plus (Fuel) - $6,000 Safety, $3,600 M & R; Illuminating Company - $28,300 All Funds; and Illuminating Company (Street Lighting) - $20,400. Roll call on the motion, 5 yeas. Motion carried.
Discussion was held on the parking situation on Safford Street at the request or resident Grace Muller. Cars parking along the road are creating a hazard. Administrator Zapp will poll by letter residents on Safford and ask the M & R Department to monitor the parking situation.
Discussion was held on the request of Jay Adams to hold a public meeting at the Madison Senior Center on April 21, 2007. Due to Senior Levy Money being used to build and support that building, Rae Jean Burgard, Director, is not in favor of outside groups using the facilities, as it may jeopardize funding. Motion was made by Mr. Bartlett, seconded by Mr. Lee to approve the use of Village Hall to Jay Adams to hold a public meeting on April 21, 2007 from 2:00 to 6:00 PM. Roll call on the motion, 5 yeas. Motion carried.
Back to Old Business
ORDINANCE NO. 14-2007 was read by Solicitor Murray, second reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR OF SERVICES AND THE FISCAL OFFICER TO ENTER INTO A CONTRACT WITH GEHRING’S AGENCY, INC. ON BEHALF OF WESTFIELD COMPANIES, FOR PROPERTY INSURANCE FOR MADISON VILLAGE, AND DECLARING AN EMERGENCY. Motion made by Mr. Vest, seconded by Mr. Britton to suspend the three reading rule. Roll call on the motion, 5 yeas. Motion carried.
Motion made by Mr. Lee, seconded by Mr. Bartlett to approve Ordinance 14-2007. Roll call on the motion, 5 yeas. Motion carried.
New Business
ORDINANCE NO. 15-2007 was read by Solicitor Murray, first reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR OF SERVICES AND THE FISCAL OFFICER TO ENTER INTO A CONTRACT WITH ASPEN INSURANCE COMPANY, FOR LAW ENFORCEMENT LIABILITY INSURANCE FOR MADISON VILLAGE, AND DECLARING AN EMERGENCY. Motion made by Mr. Lee, seconded by Mr. Bartlett to suspend the three reading rule. Roll call on the motion, 5 yeas. Motion carried.
Motion made by Mr. Britton, seconded by Mr. Vest to approve Ordinance 15-2007. Roll call on the motion, 5 yeas. Motion carried.
ORDINANCE NO. 16-2007 was read by Solicitor Murray, first reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR OF SERVICES AND THE FISCAL OFFICER TO ENTER INTO A CONTRACT WITH GEHRING’S INSURANCE AGENCY, ON BEHALF OF ASPEN SPECIALITY INSURANCE COMPANY, FOR PUBLIC OFFICIALS LIABILITY INSURANCE FOR MADISON VILLAGE, AND DECLARING AN EMERGENCY. Motion made by Mr. Vest, seconded by Mr. Lee to suspend the three reading rule. Roll call on the motion, 5 yeas. Motion carried.
Motion made by Mr. Lee, seconded by Mr. Britton to approve Ordinance 16-2007. Roll call on the motion, 5 yeas. Motion carried.
ORDINANCE NO. 17-2007 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, 2007 TO AND INCLUDING DECEMBER 31, 2007, AND DECLARING AN EMERGENCY. Motion made by Mr. Vest, seconded by Mr. Britton to suspend the three reading rule. Roll call on the motion, 5 yeas. Motion carried.
Motion made by Mr. Bartlett, seconded by Mr. Lee to approve Ordinance 17-2007. Roll call on the motion, 5 yeas. Motion carried.
Visitor Comments
Jack Lading, 603 West Main Street: Addressed questions brought up at the March 19, 2007 meeting for answers. a) Did the Chief of Police spend Auxiliary funds, without authority, for a private citizen’s bill? Mayor Evangelista answered that all documents have been gathered and turned over to the Lake County Prosecutor for review. A legal opinion will be rendered by the Prosecutor’s Office and any action required would be outlined his response. b) A public survey of all Police Departments was made and published. Twenty-two departments were surveyed and only twenty-one responding, with Madison Village being the only missing report. Why was the Village of Madison non-responsive? Mayor Evangelista stated that he had requested a response from the Chief. The Chief reported that due to computer problems, he was not able to easily come up with the needed data to respond. c) Mr. Lading commended Administrator Zapp and the Maintenance and Road crew for their hard work.
Ken Takas, 164 Huntington Woods: Questioned if funds should have been encumbered in 2006 to cover the $32,000 engineering fees that are being requested for appropriation at tonight’s meeting. Fiscal Officer Brcak stated that yes; a purchase order should have been established by the Village in 2006 at the time the work was being done by CT Consulting. It was not, and she had no knowledge of the debt until March 28, 2007. The funds were received in accordance to the loan and receipted in October 2006, prior to her employment, and should have been paid last fiscal year. This is a corrective measure and funds were available to pay the bill.
Mr. Takas stated that the Village had just lost a good opportunity in missing reporting of Village statistics with the latest survey. We have very low crime rates in the Village.
Larry Larson, 239 West Main Street: Requested the numbers that should have been reported by the Police Department for the crime survey. In other items: a) Asked for clarification if the Village was on the hook for an additional $400,000 loan with the pending sewer project? Engineer Foley stated no, that the Village is only responsible for approximately $80,000 in work that has occurred, not the entire project. The balance of the loan has not been drawn down on and is not a debt to the Village at this time. b) Asked for status update on the sale of water and sewer utilities to Lake County? Mayor Evangelista responded that meetings are continuing and the County is currently evaluating the project. c) Asked if the increase in liability insurance was due to pending cases. Administrator Zapp stated that the pending increase is $198 over last year’s premium, and yes, the status of pending cases was a factor to this increase. d) Asked if Chief Forsythe’s use of 6 Holidays so far in 2007 was correct, and the figure of 22% of the time not at work. Mayor Evangelista stated that this was correct, and the time taken was within Chief Forsythe’s earned time. e) Discussion continued on the behavior of Chief Forsythe.
Kathy Lynn, 209 West Main Street: Addressed Council on issues regarding the activities and time sheets of Chief Forsythe. Concerns were expressed about the over use of Holiday Time in 2005 and 2006. Also the ability to use Holiday Time before the Holiday is earned. According to time sheets, the Chief has taken holiday hours that have not yet been earned, and how is that permissible. Mayor Evangelista stated that the Safety Department can take their holiday time outside of the traditional Holiday, due to scheduling. Fiscal Officer Brcak responded to the two hours of time taken in 2006 above what was earned. Contact has been made with the Auditor of State’s Office regarding getting payment recovery from the Chief for two hours taken in 2006 that was above his annual earned time. The 2005 time (7.50 hours) appear to have been adjusted against earned sick time by the previous Fiscal Officer.
Mrs. Lynn reviewed the Safety Handbook as approved in as Ordinance 37-1985. Other areas of Chief Forsythe’s behavior, discussion included a review of phone usage and why is so much time spent on the phone with former Administrator John Sample and missing documents that are still not available.
Council Reports
Mr. Britton: No Report.
Mr. Hamercheck: Questioned what the purpose would be to allow the use of Holiday Leave in advance of the actual Holiday being earned. Councilman Hamercheck also noted that Exempt Employees have not been defined in the proposed handbook. He questioned what the safety handbook covers as job responsibilities for the Chief of Police, considering that there is not job description at this time. *Upcoming Meetings announced as the Rec. Board Meeting, the fourth Thursday of each month.
Mr. Vest: Requested a review and explanation of Expenses in the Law Enforcement Trust Funds, prior to the Fiscal Officer taking over the funds in January of this year. Councilman Vest expressed that it was time we put the additional Safety Vehicle in service, as repair expenses are mounting showing ongoing repairs of older equipment. The Auxiliary funds were also questioned and the Officers who had been in charge of these funds. Mayor Evangelista answered that Officer Verdi was first in charge of the accounts and then it passed to Officer Mussell.
*Upcoming Meetings - Planning Commission Scheduled for April 9, 2007.
Mr. Bartlett: Attended his first Fire Board Meeting on March 21, 2007. The concern of unmanned hours at Station #1 was addressed. Upon further review and questioning, at no time since the first of the year has Station #1 been unmanned. In other activities: Attended the March 27, 2007 Economic Development Committee Meeting, The Madison School Commission
Meeting (Next meeting April 19, 2007). Other action items included the review of information regarding a proposed Hotel Tax. This will go the Budget Committee for further discussion.
Mr. Lee: The next meeting of the Fire District is scheduled for April 4, 2007 at 7:30 PM.
Engineer’s Report
Development on Design Stage – no report. Mr. Vest asked for clarification of the recent memorandum received from John Tigue, and his statement on “moratorium on development” in the Village. Engineer Foley updated that this was not a recommendation from Mr. Tigue, only a stated option.
Fiscal Officer Report
Fiscal Officer Brenda Brcak updated that the Village has put into place a 125 Plan, that will defer employee deductions for hospitalization, vision, and other insurance products that may have been elected by employees. The first payroll under the 125 Program will be run for April 6, 2007. All payroll programs have been amended and updated to facilitate the new program.
It was also announced that Nichols Wood Stove Shop has presented two invoices from June and August 2006 that remain unpaid. These are supply invoices from the cemetery and amount to about $100. Research is being done and payment documentation will be completed if is it found necessary.
Administrator’s Report
Administrator Zapp announced that April 9, 2007 will be the first hearing on the rezoning of the Butcher property. Notices have been sent and advertisement placed. It was announced that Village Offices are now open from 8:00 AM to 6:00 PM daily for business convenience to residents. The Flower Basket Program for 2007 is approaching. Residents are encouraged to consider sponsoring a basket to brighten the business area of the Village.
Mayor’s Report
Mayor Evangelista confirmed that a complete Auxiliary Equipment Inventory has been provided to all Councilmen as requested. All information regarding expenditures of the Auxiliary Safety Funds has been turned over to the County Prosecutor’s Office for ruling. Once a decision on the ownership and use of funds is provided by the Prosecutor’s Office, it will be shared.
From the Safety Committee: The requested monthly reports are not yet completed. Problems with the software in the Safety Department are making retrieving of information difficult. The Attorney General Reports that were requested earlier have been provided.
Motion made by Mr. Bartlett, seconded by Mr. Vest to approve the use of the Village Square for the parade and activities for Memorial Day, May 28, 2007. Roll call on the motion, 5 ayes. Motion carried.
Motion made by Mr. Lee, seconded by Mr. Britton to approve the use of the Village Square for “Market in the Park” 2007. Roll call on the motion, 5 yeas. Motion carried.
Motion made by Mr. Hamercheck, seconded by Mr. Lee that Resolution 8-2007 be approved honoring Ben Knight for achieving his Eagle Scout Award honor. Roll call on the motion, 5 yeas. Motion carried.
Upcoming meeting dates: 4/4/2007 – Fire Board Meeting 4/7/2007 – Tax Assistance Day – 9:00 to 12:00 4/16/2007 – 5:00 – 6:00 PM Budget Committee 6:45 PM Public Hearing 7:00 PM Council Meeting
Mr. Lee requested a copy of the Safety Handbook (Ordinance 37-1985) could be provided to each Council Member. Fiscal Officer Brcak will have them available at the next meeting.
Motion by Mr. Lee, seconded by Mr. Bartlett to enter into executive session at 9:23 p.m. for matters of personnel in the Safety Department. Roll call on motion, 5 yeas. Motion carried.
Council reconvened to Public Session at 10:15 PM
Motion by Mr. Britton seconded by Mr. Vest that the meeting be adjourned at 10:15 PM., Roll call 5 yeas. Motion Carried. Meeting Adjourned.
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