RECORD OF PROCEEDINGS

Minutes of MADISON VILLAGE Meeting Held April 17, 2000

 

 

 

PUBLIC HEARING                April 17, 2000

 

Mayor Reed called the meeting to order at 6:45PM.  Council members Mr. Britton, Mr. Burgard, Mr. Evangelista, Mr. Loparo

and Mr. Smith were present.  Mrs. Kopczak was absent at roll call, however arrived shortly thereafter.

 

The public hearing was associated with fences in the community and changes to the fence ordinance suggested by Planning Commission.  Mayor Reed asked those in attendance for questions or comments regarding the ordinance.  There were none.

Mr. Britton asked Mr. Burgard to explain the changes.  Mr. Burgard stated that the amended sections were 10.2.1, 10.2.2, and

10.2.4.  The added sections were 10.2.3, and 10.2.6 relating to rules and regulations of fences.  The basic change is to wooden fences and the recommending of the exterior or finished side of the fence face turned away from the owner’s property.  This recommendation was due to the construction of a fence in Parkway Estates last year.

 

Mrs. Kopczak asked for clarification of Section 10.2.2 regarding the distance between the ground and the bottom of the fence.  Mayor Reed stated the topic would be discussed when the Ordinance was presented at the regular meeting.

 

Mr. Evangelista motioned for adjournment at 6:55PM.  Mr. Britton seconded.  All present were in favor.

 

REGULAR MEETING                April 17, 2000

 

Mayor Reed asked Council and citizens to join him in the Pledge of Allegiance.

 

Mayor Reed called the meeting to order at 7:00PM.  Council members Mr. Britton, Mr. Burgard, Mr. Evangelista, Mrs. Kopczak,

Mr. Loparo and Mr. Smith were present.  Also in attendance were Clerk Treasurer Butler, Engineer Foley, Solicitor Collins, Administrator Sample and Police Chief Matty.

 

Mr. Britton motioned to approve the minutes of the April 3rd meeting.  Mr. Smith seconded.  Mr. Evangelista abstained.  All others present were in favor. 

 

Clerk Treasurer Butler read the list of expenditures for Pay Order 1978 totaling $154,595.20.  Mr. Evangelista motioned for approval.  Mr. Burgard seconded.  Several items were discussed.  Referencing the $5,859.76 payment for CIR, Administrator Sample stated that there will be an additional payment due them for the additional work on the sewer line extension on Edwards Street.   The $5,859.76 payment is for the removal of a large portion of the old 6” line (placed in the 1920’s) which crossed the path of the sewer line.  Also in the late 1960’s or early 1970’s there was a 10” transit main running parallel to the 6” line turning south toward the railroad tracks.   In addition, a water main break occurred on the remainder of the 6” line between the old Mentor Lumber building and State Route 528.  CIR returned to completely eliminate the remaining 6” line and installed 10” pipe to the Hubbell and Headley properties.  There is now only one 10” water main in that area to maintain.   Mrs. Kopczak asked if the $5,859.76 payment was for changes to the waterline.  Mr. Sample confirmed.  Mr. Britton asked the purpose of the Wirtzberger Enterprises payment for glass doors on shelves.  Mr. Sample stated that the sliding glass doors for the shelves were installed to protect the public records.  All present were in favor, however, Mrs. Kopczak commented she felt a couple of items were not essential expenditures, such as Planning Commission transcriptions.

 

Solicitor Collins then swore in Tracy Butler as the Clerk Treasurer for the Village of Madison.  Mayor Reed officially welcomed Mrs. Butler to the four-year term of office.

 

VISITORS

 

Teresa Milanese, 2254 Hubbard Road, Madison Township voiced her opinion regarding the distribution of gun locks by the

Madison Village Police Dept.  Ms. Milanese works in the Village of Madison and spoke as a private citizen and stated that in no way were her comments reflective of those of the Gazette Printing Co. or any of its publications.  She stated her opposition to the Madison Village Police Dept.’s involvement with the distribution of gun locks was due to the fact that they are publicly funded and should be involved with law enforcement activities.  She feels that this involvement with passing out gun locks will lead to gun regulation mandates, which are unconstitutional.  Mrs. Milanese, at her own expense, has printed the Second Amendment Rights on small cards and requests that a copy be handed out with each gun lock distributed.  She also stated that the Village Police Dept. should not be involved in the distribution in the first place, however, as long as they are distributing gunlocks she would like them to also hand out the Second Amendment card along with it.  Mr. Evangelista stated that he felt the handout by the Police Dept. was similar to the Fire Dept. handing out smoke detectors which are not forced upon but freely accepted by the citizens desiring to have one.  Mrs. Milanese supports the Police Department and what they do, however, in no way should they be involved in distribution of gun locks.  Mr. Sample commented that he was not opposed to handing out the Second Amendment Rights, however, not hand-in-hand with each gun lock.  He felt it should be handed out as a separate item and should be requested by the citizen.  Mr. Britton moved that the Second Amendment information could be distributed as the gun lock.  Mrs. Kopczak seconded.  Discussion continued. 

 

Dan Kennedy, 95 Eagle Street, felt the real issue should be addressed.  He stated the passing out of the Second Amendment would also be taking up the Madison Village Police Dept.’s time, as well.  More discussion followed.  Don Haywood, Village resident, stated his support of Mrs. Milanese on the matter.  Council then voted and all present were in favor.  Mrs. Kopczak thanked Mrs. Milanese for sharing her ideas, as others in the community may share her feelings on this issue.  Mr. Smith commented that any life saved would be well worth the effort of the gun lock distribution.  He also noted that citizens could pick up the locks anonymously.

 

Administrator Sample formally introduced Mr. Dan Kennedy, Village Administrator from 1978 to 1981.  Mayor Reed thanked Mr. Kennedy for attending the meeting.

 

 

 

OLD BUSINESS

 

None

 

NEW BUSINESS

 

ORDINANCE NO. 25-2000 was read by Solicitor Collins for the first time. AN ORDINANCE AMENDING ORDINANCE NO. 33-1996, AS AMENDED, BY MODIFYING SECTIONS 10.2.1, 10.2.2, 10.2.4.a (3), 10.3.2.a (3), AND BY ADDING NEW SECTIONS 10.2.6 AND 10.3.3, ALL RELATED TO RULES AND REGULATIONS REGARDING FENCES.  Mayor Reed reiterated Mrs. Kopczak’s question from the Public Hearing regarding the distance from the ground to the bottom of the fence.

Solicitor Collins explained that there was to be sufficient space from the ground to the bottom of the fence to maintain grass, weed and vegetation. 

 

ORDINANCE NO. 26-2000 was read by Solicitor Collins for the first time.  AN ORDINANCE CREATING THE POSITION OF OFFICE ASSISTANT AND ESTABLISHING THE HOURS OF WORK, COMPENSATION AND DUTIES FOR SAID POSITION.  Mr. Britton motioned to suspend the three-rule reading.  Mr. Smith seconded.  All present were in favor except Mrs. Kopczak who voted against the suspension.  Discussion followed.  Mrs. Kopczak requested clarification of the duties of the new position and also asked who would do the hiring.  Mayor Reed stated that the duties were currently being performed by the Mayor’s Court Clerk, Cindy Gerak.  As Cindy Gerak has accepted the additional responsibilities and is familiar with the duties, it would not be necessary to hire an additional employee. This too would allow Mrs. Gerak the opportunity of added hours.  Mrs. Kopczak felt that the Clerk Treasurer should assign and hire her own assistant.  Administrator Sample stated that he discussed the situation with Mrs. Butler and that she was pleased to be offered Mrs. Gerak’s assistance.  Mr. Loparo commented that the Administrator should continue to do the hiring of administrative personnel as in the past.  More discussion followed.  Solicitor Collins reminded Council members that if this arrangement was not workable, the Ordinance could be appealed.  Mr. Britton motioned for passage.  Mr. Burgard seconded.  All present were in favor except Mrs. Kopczak who voted against the passage.

 

RESOLUTION NO.10-2000 was read by solicitor Collins for the first time.  RESOLUTION COMMENDING AND CONGRATULATING GLENNA AND HENRY HILSTON UPON THE SPECIAL OCCASION OF BEING NOMINATED FOR THE OUTSTANDING SENIOR CITIZEN AWARD.  Mr. Smith moved for passage.  Mr. Evangelista seconded.    All present were in favor.

 

RESOLUTION NO. 11-2000 was read by Solicitor Collins for the first time.  A RESOLUTION IN HONOR AND RECOGNITION OF DR. PHILIP D. BOUFFARD UPON HIS RETIREMENTAS DIRECTOR OF THE LAKE COUNTY REGIONAL FORENSIC LABORATORY AFTER TWENTY-SIX YEARS OF DISTINGUISHED AND DEDICATED PUBLIC SERVICE.  Mr. Evangelista moved for passage.  Mr. Britton seconded.  All present were in favor.

 

RESOLUTION NO. 12-2000 was read by Solicitor Collins for the first time.  A RESOLUTION EXPRESSING SUPPORT FOR EXTENSION OF A SANITARY SEWER LINE TO SERVE CONVENIENT FOOD MART AT THE INTERSECTION OF HUBBARD AND MIDDLE RIDGE ROADS.  Mr. Evangelista moved for passage.  Mr. Britton seconded.  Discussion followed.  Mrs. Kopczak asked if Mr. Evangelista had spoken to the owners of the nursery land.  Mr. Evangelista stated that the owners of the nursery land are in an agricultural district and an Assessment Deferral Program.  Other businesses at the intersection, Crossroads Community Church, Steve and Jerry’s and the American Legion, also expressed the desire and need to have sanitary sewers.  Mr. Evangelista  also stated that the County is responsible to speak with residents on the East Side of the road.  He concluded that this resolution is basically in support of the project and that it will be a long process which will include resident surveys, Public Hearings, Ordinances, etc. in order to proceed.  Solicitor Collins stated that there is a need for commitment from other than the majority of the property owners.  The Village is in favor because of the businesses at that particular intersection.  All present were in favor.

 

Mayor Reed noted trivia interest regarding the photo taken on April 12, 1926 hanging on the Chamber wall.  This Village photograph was taken nearly 74 years ago to the day.

 

COUNCIL REPORTS

 

Mr. Burgard reported on the Planning Commission meeting of April 10, 2000.  He stated that discussions were held with regard

to the new multi-family district.  Further information will be brought back to Council for future recommendations.  Mr. Janco and representatives from C & G Development were in attendance and Planning Commission encouraged them to reach an agreement regarding the deeding back of the land at the northwest corner of Huntington Woods to Mr. Janco. 

 

Mayor Reed noted that Planning Commission is considering changing their meeting time to 7:00PM.

 

Mayor Reed added that Mr. Nichols has asked Council to consider a revised Conditional Use Permit for his used car business.  The original Conditional Use Permit, granted to the Nichols property on the Northwest quadrant of Hubbard and Middle Ridge Road, allowed no auto repairs or oil changes on the premises.  Also the selling of motorcycles was prohibited.  The original Conditional Use Permit is now under review by Planning Commission for revision.

 

Mr. Loparo reported on a request to Representative Ron Young for a grant in the amount of $34,000 for the Madison Village Police Dept.  The request was denied as the Governor’s budget had already been established.  Rep. Young, however, stated that he would continue to push for the funding, as he realizes Madison is in need due to the rapid growth of the area.  Mr. Loparo will continue to

work and begin earlier to process the request for funding.    Rep. Young also stated in his letter to Mr. Loparo that Mayor Reed’s request for funding was approved at $12,500 for Madison Village’s Community Bill and ADA upgrade.

 

Mr. Loparo stated that announcement was made at the MPACC meeting of a four-color brochure on Madison.  The brochures, funded by Lake Hospital System, will be distributed to potential businesses and also throughout the community.

 

Mayor Reed added that the initial $25,000 request was to be used for specific ADA upgrades, including an elevator at Stratton Place.

The state however, approved $12,500.

 

Mr. Britton reminded Council and visitors that Old Fashioned Days had been changed this year to August 3rd, 4th, 5th and 6th.

He also stated that after looking  in Michigan and Pennsylvania for a car to raffle, a 1963 Nova was found here in Madison.

The car is now at Pike’s Auto Body for minor touch-ups, but will be on display at the Flea Market in Unionville on May 13th.

 

Mr. Evangelista reported that the regular meeting of the Madison Recreation District would be held at Bill Stanton Community Park on April 27th at 7:00 PM.  This year’s allocation is included in Pay Order 1978 and beginning this year, will be issued to the district once per year, rather than three times per year as in the past.  He also copied Council members on the results of the spray cure review.  Mr. Evangelista wished everyone in attendance a happy Easter with their families.

 

Mr. Smith reported that the Labor Management Committee has been formed for the part time firefighters.  This committee consists of Mr. Evangelista, Mr. Britton and Mr. Collins and will commence on April 19th. 

 

ENGINEERS REPORT

 

Mr. Foley reported that the work is continuing and moving South on Eagle Street.  Traffic will likely be affected when they reach Union Street.  Residents will generally be able to reach their homes, however access will at times be limited.  The grating is near completion on West Main Street, and weather permitting, the seeding will also be completed.  Work is continuing in the Village Glen Subdivision on the installation of the sanitary sewers.   Breach of one of the detention ponds is evident from East Main Street and will be corrected soon.

 

SAFETY REPORT

 

Chief Matty stated that the Ministerial Association has changed its location for the annual Crop Walk on May 7th to the Bill Stanton Park.  Madison Safety Town is scheduled for June 12th through June 23rd at Homer Nash School.  Jamie Webster of Madison, has been awarded the Safe Driver Award for April.  Letter of resignation was received from Auxiliary Officer William Bartko.  Patrolman Bartko has been on a one-year leave of absence to attend a Police Academy in Florida and is asking council for acceptance of his resignation.   Mr. Britton moved for acceptance.  Mr. Evangelista seconded.  All present were in favor.

 

Chief Matty copied Council on correspondence received from the Dog Warden’s office.  Chief Matty recommended a small pen with a doghouse be built near the garage to contain stray dogs until the Dog Warden can pick them up. 

 

The Madison Village Police Dept., along with five other agencies, was contacted by the Grand River Police Dept. regarding a two- day program for training in the use of laser handguns.  The cost is $1000 per day.  Each officer would receive 30 minutes of training in stressful shooting situations.  Chief Matty attended a meeting at the Lake County Sheriff’s Dept. in reference to the blanketed Uniform Noise Ordinance that the County Trustees are drafting for use in various communities.  Copies were distributed for Council’s review.  Also, Chief Matty noted that he has recorded the responses from 13 of the 16 departments surveyed for officer pay rates in the Lake County area.

 

Discussion of the Noise Ordinance continued.  Solicitor Collins stated that there are two ways that communities deal with unreasonable noise that becomes a nuisance: 1.  By measuring the decibel level and establishing a noise level for different districts; residential, commercial and industrial and even breaking that down further during different times of the day.  2.  Others deal with noise that can be heard audibly at a distance of 100 feet.  Solicitor Collins added that guidelines need to be established pertaining to the noise from only motor vehicles or from other noise in general;  stationary locations, property in general, construction noises, power tool noises, discharge of firearms and explosives, entertainment locations, etc.  Mayor Reed encouraged Council members to share their ideas with Mr. Collins and copy  them to the other Council members.

 

ADMINISTRATOR’S REPORT

 

Administrator Sample stated that water bills (South Side) were mailed this past week without a note explaining the use of the Capital Improvement Fee. A notice will be drafted and included with the Consumer Confidence Report (mandated by the EPA) that will be mailed to residents within the next few weeks.

 

Leaf pick-up took place on April 10th and brush pick-up began today.  Brush pick-up should be completed by Wednesday, April 19th.

 

Last weekend severe drainage and flooding problems occurred near the intersection of West Main Street and Dayton Road.  Pictures were received and will be copied and distributed in each Council member’s mail  bin. There is one piece of property that is creating the problem.  A spillway exiting the pond appears to have been modified and most recently with wingwalls that narrowed the spillway that discharges into the stream.  This seems to have caused the flooding.  A letter was sent to the property owners several months ago but no response has been received.  Mr. Foley was contacted and asked to survey and study the area.  He is working on the problem to determine the cause and to come up with a solution.

 

Work began last week on the sound system and should be in place by the next Council meeting. 

 

Administrator Sample stated that he would be meeting with Mr. Foley to discuss plans for the Engineering of the south side of Main Street with regard to grading, planting and seeding.  Original plans were to have this work completed by the Village road crew, however, due to the many projects being worked on at this time, it would be timelier to hire a local contractor to do the work.  Mrs. Kopczak asked if this work was budgeted low due to the work being scheduled by in-house personnel.  Mr. Sample confirmed and stated that he will strive to stay within the budgeted amount.

 

MAYOR’S REPORT

 

Mayor Reed received correspondence from the Executive Director of the Christmas in April, North Coast, Inc. program.  There are four individuals in the Madison area that this organization will work with to help restore and repair their homes.  The restoration is scheduled to begin on April 29th

 

Copies of Scheme A-1 of the drawing for Phase II of the Senior Center have been distributed.   Discussion will take place at the next Senior Center meeting scheduled the last week of April. 

 

Tracy Butler is currently involved with requesting workers compensation quotes from the MPACC.  MPACC offers a program for workers compensation.  As members of the Ohio Municipal League, the Village is entitled to savings, however, Tracy is investigating the program through the MPACC to see if it would be more beneficial.

 

Mrs. Kopczak asked how Phase II of the Senior Center can be funded.  Mayor Reed responded that a grant request for funding through Lake County Commissioner’s CDBG (Community Development Block Grant) Program is being prepared.  The grant request deadline is June 2.  The other is the continuation of requesting funds through the Senior Levy Coalition. The Senior Levy Coalition provided $100,00 for the initial Phase I  and a $30,000 grant was received from the State as well.  The estimate of construction costs, wages prevailing, represents approximately $100 per square foot.  Last year the Center received funding of $25,000 from the Senior Levy Coalition Fund. This year $40,000 has been received toward the construction package of this program. 

 

Mrs. Kopczak motioned for adjournment at 8:30PM.  Mr. Evangelista seconded.  All present were in favor