COUNCIL MINUTES
VILLAGE OF MADISON
Regular Meeting
April 3, 2006
Mayor Evangelista called the meeting to order at 7:00 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. Buck, Mr. Hamercheck, Mr. Lee, Mr. Loparo and Mr. Vest were present. Also in attendance, Mayor Evangelista, Administrator Zapp, Solicitor Murray, Engineer Foley and Fiscal Officer Pinkert.
Motion by Mr. Buck, seconded by Mr. Lee, to approve the minutes of the regular meeting of March 20, 2006, with the following corrections:
Page 1, paragraph 4, sentence 3 the word “at” should be “that”.
Page 2, last paragraph add “2005” after the word “of”.
Roll call on the motion, 5 yeas and 1 abstain (Hamercheck). Motion passed.
Fiscal Officer Pinkert presented Pay Ordinance #2109 totaling $34,500.63 for payroll and $103,982.49 for current and upcoming expenses. Fiscal Officer Pinkert added that there were changes to the pay ordinance that were distributed. The payment listed in the General Fund to Municipal Finance Solutions should be $4046.98. Fiscal Officer Pinkert also said that there are some then & now certificates that are over $3,000.00 listed on the pay ordinance. Mr. Hamercheck inquired about the mileage reimbursement for the Police Department. Fiscal officer Pinkert explained that the Chief of Police submitted a signed reimbursement request, it is within the police budget and it was put on the pay ordinance for approval. Motion by Mr. Britton, seconded by Mr. Loparo, to approve Pay Ordinance No. 2109. Roll call on the motion, 6 yeas. Motion passed.
Janine Hathaway, 215 W. Parkway Blvd., said that her car was stolen and totaled and expressed concerns about the way the police department handled the incident. She said that the perpetrator had several suspensions, no operator license and got away. Janine Hathaway said that Mark Forsythe lacks people skills and that she doesn’t support the decision to appoint him as Chief of Police.
Gordon Musclow, 178 Willowbend, said that he read in the newspaper that the Township may want to donate the fine arts building to the Village. He suggested that Council pass on the offer due to maintenance issues.
Ken Takacs, 164 Huntington Woods Drive, made a complaint about the way the Village does business and offered the following examples:
Solicitor Murray thanked Mr. Takacs for his comments and that it is possible there was some confusion created in regard to the abstention votes at the last meeting. He said that the Attorney General opinion for abstentions is that they go to the majority of the other votes. He added that he was concerned that the abstentions at the last meeting were intended as “no” votes.
Larry Larson, 239 W. Main Street, said that he would also prefer the Chief of Police attend the meetings. He inquired about a possible loss of $500,000 in funding. Mayor Evangelista said that the $500,000 in funding secured for the road garage required 20% in matching funds that the Village doesn’t have; because it wasn’t used within a specified period of time it was no longer available to the Village. He added that if the “quiet zone” designation isn’t possible, he will request to use that money somewhere else before it is lost.
Rich Janco, 178 E Main Street, referred to Mr. Takacs’ comment regarding the same questions and said that many times he feels like he doesn’t get answers to his questions and that is why they are asked over and over. Mr. Janco also asked why the reading number of the ordinance appointing the Chief of Police isn’t listed on the agenda. Administrator Zapp explained that all new business listed on the agenda is a first reading and the number of readings for legislation listed under old business is listed on the agenda. Mr. Janco asked about Section 2 in the ordinance (It is found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.) and asked if all of the deliberations for hiring Chief Forsythe were done in an open meeting. Solicitor Murray clarified that anything required to be discussed in an open meeting was and that the Ohio Revised Code allows for personnel matters to be discussed in executive session. Mr. Janco also asked about Ordinance No. 17-2006 establishing a canine fund and asked why it is being passed as an emergency measure or is it going to go three readings. Mayor Evangelista said that if there is no time requirement, it will go three readings. Fiscal Officer Pinkert explained that an ordinance can have three readings and still pass as an emergency. If it passes as an emergency it will go into effect immediately. Mr. Vest said that the reason for declaring ordinance No. 17-2006 an emergency is because money is being donated and Council wants to allocate a place to put the money by establishing a fund. Mr. Janco said that there are several people still supporting a “quiet zone” designation and asked if it is a dead issue. Mayor Evangelista said that although he is meeting with Congressman LaTourette in June to try to get more funding, it doesn’t look promising.
Mr. Lee clarified that all of the ordinances have the same language regarding open meetings. Mr. Hamercheck requested passing legislation as an emergency only when there is a valid reason. Solicitor Murray requested that Council guide him as to what ordinances should be an emergency measure. Mr. Hamercheck suggested the ordinance sponsors will inform Solicitor Murray if it has to be passed as an emergency.
OLD BUSINESS
ORDINANCE NO. 10-2006 was read by Solicitor Murray, third reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR OF SERVICES AND FISCAL OFFICER TO ENTER INTO A CONTRACT WITH GEHRING’S INSURANCE AGENCY ON BEHALF OF ASPEN SPECIALTY INSURANCE COMPANY, FOR LAW ENFORCEMENT LIABILITY INSURANCE FOR MADISON VILLAGE, AND DECLARING AN EMERGENCY. Motion by Mr. Loparo, seconded by Mr. Vest, to approve Ordinance No. 10-2006. Roll call, 6 yeas. Ordinance No. 10-2006 duly passed.
ORDINANCE NO. 11-2006 was read by Solicitor Murray, third reading. AN ORDINANCE AMENDING SECTION 22 OF ORDINANCE NO. 9-2004 TO INCREASE THE RATE TO BE CHARGED FOR WATER AND WATER SERVICE, AND DECLARING AN EMERGENCY. Motion by Mr. Loparo, seconded by Mr. Buck, to approve Ordinance No. 11-2006. Roll call, 6 yeas. Ordinance No. 11-2006 duly passed.
ORDINANCE NO. 12-2006 was read by Solicitor Murray, third reading. AN ORDINANCE
AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 10-2004 TO ESTABLISH THE RATES TO BE CHARGED FOR SANITARY SEWER SERVICES AND DEFINING RELATED FACILITY CHARGES. Motion by Mr. Buck, seconded by Mr. Loparo, to approve Ordinance No. 12-2006.
Administrator Zapp informed everyone that Ordinance No. 11-2006 and 12-2006 are a direct result of the 9% rate increase from Lake County and that consumption from May 1, 2006, forward will be billed at the new rates. Roll call, 6 yeas. Ordinance No. 12-2006 duly passed.
ORDINANCE NO. 13-2006 was read by Solicitor Murray, third reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR OF SERVICES AND FISCAL OFFICER TO ENTER INTO A CONTRACT WITH GEHRING’S INSURANCE AGENCY ON BEHALF OF ASPEN SPECIALTY INSURANCE COMPANY, FOR PUBLIC OFFICIAL’S LIABILITY INSURANCE FOR MADISON VILLAGE, AND DECLARING AN EMERGENCY. Motion by Mr. Britton, seconded by Mr. Vest, to approve Ordinance No. 13-2006. Roll call, 6 yeas. Ordinance No. 13-2006 duly passed.
ORDINANCE NO. 14-2006 was read by Solicitor Murray, second reading. AN ORDINANCE REPEALING ORDINANCE NO 8-1991 AS AMENDED BY ORDINANCE NO. 75-1993, 26-1996, 43-1997 AND 38-2004 AND ALL AMENDMENTS THERETO, SO AS TO ESTABLISH THE COST OF BURIAL LOTS AND GRAVE OPENINGS, REGULATIONS OF BURIAL LOTS, ALLOCATION OF FUNDS, AND OTHER SERVICES RELATING TO FAIRVIEW CEMETERY
Mr. Vest said that Item (A) and (B) on page two of Ordinance No. 14-2006 is repetitive and one of them should be removed. Administrator Zapp said that he would take care of it.
NEW BUSINESS
ORDINANCE NO. 16-2006 was read by Solicitor Murray, first reading. AN ORDINANCE CONFIRMING THE FINAL APPOINTMENT OF MARK FORSYTHE AS CHIEF OF POLICE FOR THE MADISON VILLAGE POLICE DEPARTMENT
ORDINANCE NO. 17-2006 was read by Solicitor Murray, first reading. AN ORDINANCE ESTABLISHING A CANINE FUND AND DECLARING AN EMERGENCY.
Motion by Mr. Loparo, seconded by Mr. Vest, to suspend the three reading rule for Ordinance No. 17-2006. Roll call, 6 yeas. Motion passed. Motion by Mr. Lee, seconded by Mr. Britton, to approve Ordinance No. 17-2006. Roll call, 6 yeas. Ordinance No. 17-2006 duly passed.
ORDINANCE NO. 18-2006 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, 2006, TO AND INCLUDING DECEMBER 31, 2006, AND DECLARING AN EMERGENCY.
Motion by Mr. Loparo, seconded by Mr. Britton, to suspend the three reading rule for Ordinance No. 18-2006. Roll call, 6 yeas. Motion passed. Motion by Mr. Loparo, seconded by Mr. Buck, to approve Ordinance No. 18-2006. Mr. Hamercheck asked for clarification on the ordinance. Fiscal Officer Pinkert explained that although the amount wasn’t included on the appropriation ordinance, it was included in Council’s list of line item details. A long-term loan was approved in order to pay off a short-term note; the loan money was received and has to be expended in order to pay off the note. She added that it isn’t a new loan. Roll call, 6 yeas. Ordinance No. 18-2006 duly passed.
ORDINANCE NO. 19-2006 was read by Solicitor Murray, first reading. AN ORDINANCE AMENDING ORDINANCE NO. 5-2006 TO REDUCE THE LOAN APPLICATION AMOUNT NECESSARY FOR THE DESIGN AND EXPANSION OF THE VILLAGE WASTE WATER TREATMENT PLANT, AND DECLARING AN EMERGENCY.
Administrator Zapp explained that Wastewater Treatment Plant (WWTP) expansion project has been reduced to a half million-gallon expansion which reduces the loan amount for design. The legislation is needed to make clarifications to the original application for the higher amount. Motion by Mr. Buck, seconded by Mr. Lee, to suspend the three reading rule for Ordinance No. 19-2006. Roll call, 6 yeas. Motion passed.
Mr. Hamercheck asked if the amount of $429,000 is an actual or not to exceed amount. Administrator Zapp said that it is a not to exceed amount. Motion by Mr. Britton, seconded by Mr. Buck, to approve Ordinance No. 19-2006. Roll call, 6 yeas. Ordinance No. 19-2006 duly passed.
RESOLUTION NO. 6-2006 was read by Solicitor Murray, first reading. A RESOLUTION DESIGNATING APRIL 2006 AS CHILD ABUSE PREVENTION MONTH. Motion by Mr. Vest, seconded By Mr. Britton, to approve resolution No. 6-2006. Roll call, 6 yeas. Resolution No. 6-2006 duly adopted.
QUESTION & ANSWERS
Larry Larson, 239 W Main Street, asked if the Village was taking a loan in order to pay off a loan. Fiscal Officer Pinkert said yes a long-term loan was taken in order to pay off a short-term note.
Mr. Larson also asked for an update on the proposed hotel. Mayor Evangelista said that Administrator Zapp will address that during his report.
Mr. Britton said that Old Fashioned Days are August 3rd through the 6th and that the tickets for the car, a 1956 Pontiac Chieftan, will be available around town.
Mr. Hamercheck gave a Recreation Board update and said that two village residents are still needed on the board. Mayor Evangelista said that he has one interested person, Chad Burgard, and he should be on board at the next meeting.
Mr. Vest said that there is a Planning Commission meeting on April 10, 2006 at 7:00 p.m. He also said that the Health District will be starting dropping rabies vaccines the week of April 17th.
Mr. Loparo said that there are still some concerns about “Market in the Park” and asked for an update. Mayor Evangelista said that the street won’t be closed, that everything will be unloaded to the park. Mr. Loparo also complemented the citizens for their orderly comments. He added that he agrees with Mr. Takacs; the Village leadership has to be more unison and less divisive. Mr. Loparo said that there is a Fire Board meeting on April 7th. He informed everyone that there will be a 2-mill replacement levy for the Fire Board. Mr. Loparo also informed everyone that there will be an informative open house on April 9th at fire station #1 and April 30th at fire station #2. He also thanked the area businesses for donations for refreshments for the open houses.
Mr. Buck said that he was approached by a yoga instructor from Geneva looking for space on Main Street and said that she commented on how nice the community is. He added that there isn’t any space at this time but that he would contact her if something came available.
Mr. Lee asked about the replacement of fire engines. Mr. Loparo said that the Fire District reserves capital funds every year for capital expenditures like engines. He added that they also have a ten-year replacement program in place for engines.
Mr. Lee commended Administrator Zapp on the new website and said that the addition of current news section is an improvement. He added that a representative from the Central Collection Agency will be at Village hall on April 8, 2006, from 9:00 am – 12:00 pm to help residents with their income tax issues.
ENGINEER’S REPORT
Engineer Foley reported that the primary effort over the last couple of weeks has been working on the WWTP expansion application.
FISCAL OFFICER REPORT
Fiscal Officer Pinkert reported the following:
ADMINISTRATOR’S REPORT
Administrator Zapp thanked Mr. Lee for his comment about the website and said that the entire office staff has contributed.
Administrator Zapp also reported the following:
Motion by Mr. Britton, seconded by Mr. Vest, to allow the Administrator to advertise for bids for a single trash hauler. Roll call on the motion, 6 yeas. Motion passed.
Administrator Zapp asked for direction from Council regarding the irrigation meter program. He explained that currently the Village provides the meter to residents, they cost approximately $100.00 and suggested charging the actual cost of the meter to residents that want them or abandoning the program. There was discussion regarding the program including pool credits, existing meter holders and residents that are on a waiting list. Motion by Mr. Britton, seconded by Mr. Lee, to continue the irrigation program and charge for any new irrigation meters requested by residents. Roll call on the motion, 5 yeas and 1 nay (Hamercheck). Motion passed.
Administrator Zapp said that the new medical insurance premium is a lower premium than last year’s and a better policy was obtained. He added that the annual savings is $36,000.
Administrator Zapp also said that he is familiar with the fine arts building and that there would be no benefit to accepting the building. Mayor Evangelista said that the Village was offered the building in the past and had asked for a study of the building. He added that the Village can’t afford to maintain the building.
Mr. Vest inquired about the schedule for recycling pick-up. Administrator Zapp said that there is guaranteed Thursday pickup and they can be called as needed. He added that the Village crews do a great job of keeping the area clean.
MAYOR’S REPORT
Mayor Evangelista reported the following:
Chuck Irwin – June 9th or 16th for karaoke for kids.
Perry’s Amnesty International Chapter – May 27th, noon to 8:00 pm for a benefit concert to raise money for the refugees of the Darfur region of Africa.
Central Congregational Church – April 9th use of the bandstand for additional church services.
Motion by Mr. Britton, seconded by Mr. Buck, allowing Central Congregational Church the use of the Village Park bandstand on April 9, 2006. Roll call on the motion, 6 yeas. Motion passed.
Council requested more information and a legal opinion for the other requests before approval.
Mayor Evangelista said that the changes to the procedure for questions to Council were changed because resident’s questions were not getting answered, complaints about the procedure limiting comments lead to another change.
Residents can ask questions at the meetings, if anyone feels they didn’t get an answer, they can submit a written question that will be answered in writing by the appropriate person.
Mayor Evangelista announced the following dates:
Mayor’s Court April 16, 2006
Planning Commission Workshop April 10, 2006
Council Meeting April 17, 2006
Mayor Evangelista requested a motion for an executive session for legal and personnel. Motion by Mr. Britton, seconded by Mr. Buck, for executive session for legal and personnel issues at 8:40 pm. Mayor Evangelista said that there will be a fifteen minute recess before convening to executive session. He added that there would be no business after executive session. Roll call on the motion, 6 yeas. Motion passed.
Mayor Evangelista called the meeting to order at 9:43 p.m. Council Members Mr. Britton, Mr. Buck, Mr. Hamercheck, Mr. Lee, Mr. Loparo 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, 6 yeas. Meeting adjourned at 9:45 p.m.