COUNCIL MINUTES
VILLAGE OF MADISON
Regular Meeting
April 17, 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. 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. Mayor Evangelista requested that everyone observe a moment of silence.
Motion by Mr. Lee, seconded by Mr. Buck, to approve the minutes of the regular meeting of April 03, 2006, with the following corrections:
Page 8, paragraph 5, add Mr. Hamercheck to the list of Council members present after the executive session.
Roll call on the motion, 6 yeas. Motion passed.
Fiscal Officer Pinkert presented Pay Ordinance #2110 totaling $30,578.53 for payroll and $78,254.17 for current and upcoming expenses. Mr. Vest asked if the payment for Curt Svagerko was a duplicate payment. Fiscal Officer Pinkert said no, it is a coincidence that there was a similar payment on the last pay ordinance. Mr. Vest inquired about the payment to Jones Equipment for repairs and asked if Ms. Mallory has contacted Administrator Zapp. Administrator Zapp said yes they have talked but that that the Jones Equipment payment was for repairs to the truck. Motion by Mr. Britton, seconded by Mr. Vest, to approve Pay Ordinance No. 2110. Roll call on the motion, 6 yeas. Motion passed.
Jack Lading, 603 W. Main Street, asked if it was true that there was Council business conducted at a Planning Commission meeting and why. He also asked if there is a plan in place for upgrading equipment and expressed concerns about the Village eliminating services like brush pick-up and sidewalk plowing. Mayor Evangelista said that the Police department was short manpower and that two officers were sworn in before the last Planning Commission meeting. Administrator Zapp said that there was no money allocated for equipment upkeep or replacement for those services and also nothing in place for capital improvements. He added that if the money is available in 2007 or 2008 those programs can be reinstated saying that possible solutions were to approve a street levy or income tax increase and that he would continue to work to find additional funding and stretch the budget.
Larry Larson, 239 W. Main Street, said that although he did attend the recent budget meeting, it wasn’t publicized enough and requested that the meeting times be announced in advance. He also expressed concerns about the following:
1. The procedure for the swearing in of the officers before their appointments were approved by Council and putting the approval ordinances on agenda afterward.
2. Hiring new officers when the Village has no money. There are enough part-time officers to fill shifts.
3. Appointment of the Chief of Police and not enforcing the Village residency requirement.
4. Ordinance No. 16-2006 appointing Mark Forsythe as Chief of Police.
Larry Larson read a prepared statement regarding concerns about Mark Forsythe and said every Council Member that votes to approve his appointment will be responsible for his actions.
Rich Janco, 178 E Main Street, said that he has spent over $200.00 bagging his leaves and brush and asked if the Mayor has had any other comments about the cost to residents due to the discontinued services. He also asked when the mayor would be contacting him regarding a previous conversation about the Design Review Board. Mayor Evangelista said that he hasn’t had any direct comments about resident’s costs for those services. He added that he had previously suggested that Mr. Janco could direct his energy toward the Design Review Board and that he would get back to him on the details.
Jack Lading, 603 W. Main Street, expressed concerns about the amount of time the police are on Interstate 90 and said that they are paid to patrol the streets where residents live. Mayor Evangelista said that there are two cruisers on the road at all times and that the Village streets are the primary concern. They only go out to I-90 if there is no action within the Village. Mr. Lading informed everyone about that he had asked Chief Forsythe about calling for back-up from the Ohio State Highway Patrol and said that Mark Forsythe walked away from him without answering. Mayor Evangelista said that it is worth looking into calling the Ohio State Highway Patrol for back-up and that he would mention it to the Chief.
OLD BUSINESS
ORDINANCE NO. 14-2006 was read by Solicitor Murray, third 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.
Motion by Mr. Vest, seconded by Mr. Buck, to approve Ordinance No. 14-2006. Roll call, 6 yeas. Ordinance No. 14-2006 duly passed.
ORDINANCE NO. 16-2006 was read by Solicitor Murray, second reading. AN ORDINANCE CONFIRMING THE FINAL APPOINTMENT OF MARK FORSYTHE AS CHIEF OF POLICE FOR THE MADISON VILLAGE POLICE DEPARTMENT.
NEW BUSINESS
ORDINANCE NO. 20-2006 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 AGENCY, INC., ON BEHALF OF WESTFIELD COMPANIES, FOR PROPERTY INSURANCE FOR MADISON VILLAGE, AND DECLARING AN EMERGENCY.
Motion by Mr. Loparo, seconded by Mr. Lee, to suspend the three reading rule for Ordinance No. 20-2006. Roll call, 6 yeas. Motion passed. Motion by Mr. Loparo, seconded by Mr. Lee, to approve Ordinance No. 20-2006. Mr. Hamercheck asked if the budget committee has reviewed it. Administrator Zapp said yes. Roll call, 6 yeas. Ordinance No. 20-2006 duly passed.
ORDINANCE NO. 21-2006 was read by Solicitor Murray, first reading. AN ORDINANCE AMENDING SECTION 25 OF ORDINANCE NO. 10-2004 TO MODIFY THE TAP-IN FEE FOR SANITARY SEWER SERVICE FOR RESIDENTS OF THE VILLAGE OF MADISON.
ORDINANCE NO. 22-2006 was read by Solicitor Murray, first reading. AN ORDINANCE CONFIRMING THE APPOINTMENT OF DOUG COVERT AS A FULL-TIME PATROL OFFICER FOR THE MADISON VILLAGE POLICE DEPARTMENT FOR A PROBATIONARY PERIOD OF ONE (1) YEAR, AND DECLARING AN EMERGENCY.
Motion by Mr. Britton, seconded by Mr. Lee, to suspend the three reading rule for Ordinance No. 22-2006. Roll call, 6 yeas. Motion passed. Motion by Mr. Britton, seconded by Mr. Lee, to approve Ordinance No. 22-2006. Roll call, 6 yeas. Ordinance No. 22-2006 duly passed.
ORDINANCE NO. 23-2006 was read by Solicitor Murray, first reading. AN ORDINANCE CONFIRMING THE APPOINTMENT OF LINDSAY ZELLA AS A PART-TIME PATROLMAN FOR THE MADISON VILLAGE POLICE DEPARTMENT FOR A PROBATIONARY PERIOD OF ONE (1) YEAR, AND DECLARING AN EMERGENCY.
Motion by Mr. Loparo, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 23-2006. Roll call, 6 yeas. Motion passed. Motion by Mr. Loparo, seconded by Mr. Vest, to approve Ordinance No. 23-2006. Roll call, 6 yeas. Ordinance No. 23-2006 duly passed.
ORDINANCE NO. 24-2006 was read by Solicitor Murray, first reading. AN ORDINANCE ESTABLISHING THE ZONING DISTRICT AND LAND USE OF A CERTAIN PARCEL OF REAL PROPERTY COMMONLY KNOWN AS THE “SIDLEY PROPERTY,” CONSISTING OF APPROXIMATELY 83.19 ACRES OF LAND AS AN M-2 GENERAL INDUSTRIAL DISTRICT AND ASSIGNING A NEW PARCEL NUMBER FOR SAME.
Motion by Mr. Loparo, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 24-2006. Roll call, 6 yeas. Motion passed.
Solicitor Murray explained that the annexation is complete for the properties listed on Ordinance No. 24-2006 & Ordinance 25-2006 and now the Village zoning map has to be updated to include them. He added that they also have to have a zoning designation. Administrator Zapp that the recommendations are a result of the last planning commission meeting.
Motion by Mr. Loparo, seconded by Mr. Britton, to approve Ordinance No. 24-2006. Roll call, 6 yeas. Ordinance No. 24-2006 duly passed.
ORDINANCE NO. 25-2006 was read by Solicitor Murray, first reading. AN ORDINANCE ESTABLISHING THE ZONING DISTRICT AND LAND USE OF CERTAIN PARCELS OF REAL PROPERTY COMMONLY KNOWN AS “SINES PROPERTY,” CONSISTING OF APPROXIMATELY 1.13 ACRES OF LAND AS A B-5 FREEWAY BUSINESS/INDUSTRIAL DISTRICT AND ASSIGNING NEW PARCELS NUMBER FOR SAME.
Motion by Mr. Loparo, seconded by Mr. Vest, to suspend the three reading rule for Ordinance No. 25-2006. Roll call, 6 yeas. Motion passed. Motion by Mr. Lee, seconded by Mr. Britton, to approve Ordinance No. 25-2006. Roll call, 6 yeas. Ordinance No. 25-2006 duly passed.
RESOLUTION NO. 7-2006 was read by Solicitor Murray, first reading. A RESOLUTION IN RECOGNITION OF CMRO AS IT PROMOTES MAY 2006 AS MOTORCYCLE AWARENESS MONTH.
Motion by Mr. Vest, seconded by Mr. Britton, to approve Resolution No. 7-2006. Roll call, 6 yeas. Resolution No. 7-2006 duly adopted.
RESOLUTION NO. 8-2006 was read by Solicitor Murray, first reading A RESOLUTION IN RECOGNITION OF MOTORCYCLE AWARENESS MONTH.
Motion by Mr. Britton, seconded by Mr. Vest, to approve Resolution No. 8-2006. Roll call, 6 yeas. Resolution No. 8-2006 duly adopted.
RESOLUTION NO. 9-2006 was read by Solicitor Murray, first reading A RESOLUTION THANKING POLING MASONRY FOR ITS CONTRIBUTION OF A GAS FIREPLACE TO THE MADISON SENIOR CENTER IN MEMORY OF JEAN POLING BY THE VILLAGE OF MADISON AND EXPRESSING APPRECIATION AND GRATTITUDE THEREFORE’
Motion by Mr. Buck, seconded by Mr. Lee, to approve Resolution No. 9-2006. Roll call, 6 yeas. Resolution No. 9-2006 duly adopted.
RESOLUTION NO. 10-2006 was read by Solicitor Murray, first reading A RESOLUTION IN SUPPORT OF THE MADISON FIRE DISTRICT TAX LEVY SOUGHT FOR THE REPLACEMENT OF 2 MILLS FOR THE BENEFIT OF THE MADISON FIRE DISTRICT.
Motion by Mr. Loparo, seconded by Mr. Britton, to approve Resolution No. 10-2006. Roll call, 6 yeas. Resolution No. 10-2006 duly adopted.
QUESTION & ANSWERS
Larry Larson, 239 W Main Street, said that the hiring of Mark Forsythe as Chief is tainted and was influenced by someone that is no longer with the Village. He requested that Council consider returning Mark Forsythe to “acting” status and a new pool of candidates be considered for the position.
Mr. Britton, no report.
Mr. Hamercheck, no report.
Mr. Vest gave a Planning Commission update (included as part of these minutes).
Mr. Vest inquired if Mr. Janco was using bags for his leaves and if that was what the $200.00 expense was for. Administrator Zapp said that if residents are bagging their leaves, the Village crews will pick them up. He also said that the bags cost about $15.00 and asked if there were costs for labor as part of the $200.00. Mr. Janco said yes.
Mr. Vest also welcomed Doug Covert as a fulltime officer and Lindsay Zella as a part time officer and said that he was also surprised by the swearing in of the officers.
Mr. Loparo gave a Budget Committee update that included the following:
Mr. Loparo also said that there is a Fire Board meeting on April 19, 2006, at 7:30 p.m. and encouraged everyone to support the upcoming replacement levy. He also said that anyone willing to put a sign in support of the levy on their property can contact him, Mr. Lee or Mr. Britton.
Mr. Buck gave an update on a possible gas well on the property behind the Senior Center and said that both Bass Energy and American Energy will do a geological study at no cost to the village as part of the process and that the results would be available in about two weeks. He also said the benefits of a gas well would be the royalties and possible free gas for the Senior Center.
Mr. Lee no report.
ENGINEER’S REPORT
Engineer Foley reported that the only activity in the Village is the work at Village Glen. They should have the pavement down within the week.
FISCAL OFFICER REPORT
Fiscal Officer Pinkert reported the following:
ADMINISTRATOR’S REPORT
Administrator Zapp congratulated and welcomed Doug Covert and Lindsay Zella and said that Doug Covert was at a recent neighborhood watch meeting. He also thanked the road crew for their recent hard work repairing railings at the corner of Route 528 and Route 84.
Administrator Zapp requested Council establish a time for a public forum for information regarding the WWTP expansion and suggested it coincide with the public hearing for changes to pool regulations.
Motion by Mr. Britton, seconded by Mr. Lee, to schedule a public forum on the WWTP expansion May 15, 2006, at 6:00 p.m. followed by a public hearing for proposed new swimming pool regulations at 6:30 p.m. Roll call on the motion, 6 yeas. Motion passed.
Administrator Zapp also said that the next budget committee meeting is on May 8, 2006, at 2:00 p.m. Mr. Loparo added that the committee is trying to establish a regular schedule by meeting on the second Monday of every month at 2:00 p.m. and that they will be announced at the first Village Council meeting of the month.
Administrator Zapp said that Greg Frania’s mother has suffered a stroke and Dave Yankie’s step father is very ill and requested everyone keep them in their thoughts and prayers.
MAYOR’S REPORT
Mayor Evangelista clarified that the swearing in of officers isn’t required to be public and that it was recently done in public before a Planning Commission meeting in order get them on board and acclimated to the department as soon as possible.
Mayor Evangelista said his recommendation to fill Matt Zapp’s unexpired term on the Recreation Board is Chad Burgard. Motion by Mr. Britton, seconded by Mr. Buck, to appoint Chad Burgard to the Recreation Board to fill the unexpired term of Matt Zapp. Roll call on the motion, 6 yeas. Motion passed.
Mayor Evangelista reported the following:
1. Chuck Erwin has withdrawn his request for the use of the Village Park for “Karaoke Free” because he didn’t have insurance.
2. The Perry Amnesty International Chapter hasn’t gotten back to the Village with information requested for the use of the Village Park.
3. Anyone interested in being on the Citizen Advisory Committee should send in a letter of interest.
4. The Memorial Day speaker will be Retired Marine Col. Robert Ondrick.
5. The Design Review Board approved a Certificate of Appropriateness to 74 W. Main Street for fencing at the rear of the business.
6. The Madison Senior Center By-Laws (6th Draft) are complete and ready for consideration. We hope to ratify them at the next meeting.
Mayor Evangelista announced the following employee anniversaries:
Margaret Lohr M&R Dept 9 years
Joe Connell Cemetery 4 years
Neal Crawford Cemetery 7 years
Roy Whipple Cemetery 18 years
Mayor Evangelista announced the following employee birthdays in April:
Roy Whipple
Ryan Kirschner
Mayor Evangelista announced the following dates:
Fire Board April 19, 2006
Mayor’s Court April 20, 2006
Planning Commission Workshop April 24, 2006
Neighborhood Watch April 26, 2006
Merchant’s Association April 27, 2006
7th Annual Senior Prom April 28, 2006
Mayor Evangelista said July 3rd is the first Monday in July and the holiday will fall on Tuesday. He added that in the past Council has set summer hours and requested that they consider whether or not they want to set summer hours this year.
Mayor Evangelista informed everyone that there was request to use the Village Park by the Fine Arts Association and they were given an unofficial approval due to time constraints. Motion by Mr. Britton, seconded by Mr. Vest, to approve the dates as requested by Rabbit Run for portions of Art Camp. Roll call on the motion, 6 yeas. Motion passed.
Mr. Lee requested that the Citizen Advisory Committee specifically recommend to the Budget Committee in regards to a possible levy or income tax increase or other venue for additional funds.
Mr. Britton informed everyone that the wife of Ron Schultz recently passed away unexpectedly and that she will be missed Mr. Britton said that Ron is in charge of the Old Fashioned Days horseshoe tournament and requested everyone keep him and his family in their thoughts and prayers.
Mr. Buck asked for an update on regulations for solicitation in the Village. Solicitor Murray said that the ordinance requires solicitors to register with the Police Department. Administrator Zapp said that they have to supply their name, social security number and a copy of their driver license and they will be issued a badge. He also encouraged anyone with concerns about any solicitors to call his office or the Police Department. Mr. Vest inquired if solicitation for religious purposes requires a badge. Mr. Loparo requested the ordinance be distributed to Council and reviewed for guidelines as to who is a solicitor.
Charles Eisenhart, Madison Village part-time police officer, informed everyone that Officer Lindsay Zella recently completed her second term in Iraq with the United State Marine Corp Reserves.
Motion by Mr. Loparo, seconded by Mr. Britton, to adjourn. Roll call, 6 yeas. Meeting adjourned at 8:15 p.m.