RECORD OF PROCEEDINGS

Minutes of MADISON VILLAGE Meeting Held April 3, 2000

 

REGULAR MEETING    APRIL 3, 2000

 

Mayor Reed called the meeting to order.  Council members Mr. Britton, Mr. Burgard, Mrs. Kopczak, Mr. Loparo and Mr. Smith were present.  Mr. Evangelista was absent.  Also in attendance were Engineer Foley, Solicitor Collins, Administrator Sample and Police Chief Matty.

 

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

 

Mrs. Kopczak motioned to approve the meeting minutes from March 20 with corrections.  Mr. Burgard seconded.  All present

were in favor. The following corrections were made: Mr. Burgard’s report of March 13 Planning Commission meeting regarding the conditional use permit for Milton and Jerry Nichols’ used car sales lot at 3096 North Hubbard Road, northwest corner.  Creating an “R-4” multi family zone was omitted.  Under Safety Report: Name corrected to Frank Ashton regarding the distribution of gun locks.

 

Mayor Reed read the list of expenditures for Pay Order No. 1977 totaling $80,070.71.  Mr. Britton motioned for approval.  Mr. Smith seconded.  All present were in favor.

 

VISITORS

  

Jack Lading, 603 West Main Street reported of loud music from passing cars that can be heard inside his house.  Mr. Lading suggested that Council consider a Noise Ordinance.  Mrs. Kopczak addressed the request.  She is not opposed to an Ordinance, however, she is not certain that the noise can be regulated especially when the noise is coming from a moving vehicle.  Mr. Lading then read an article by the Painesville Police Department referencing noise level within a radius of 100 feet.  Discussion was held by Mr. Britton referencing a prior council meeting’s discussion of a decibel system.  Chief Matty stated that he attended a group meeting with Township Trustees and Sheriff’s Dept. personnel regarding a countywide policy that would be acceptable throughout Lake County pertaining to the 100-foot rule.  Mayor Reed asked Chief Matty if a Police Officer would have to actually hear the noise. Chief Matty responded that a complainant must come forward and make a formal complaint, which would fall under Disorderly Conduct charges to the offender.  Specifics to the noise must be stipulated in the Ordinance with reference to the 100-foot rule.  Mrs. Kopczak requested a copy of Mentor’s Noise Ordinance.  Chief Matty will make copies for Council.  Mayor Reed told citizens and Mr. Lading that discussion would continue after more information is gathered.

 

Rich Janco, 178 East Main Street requested Council’s help in resolving an issue with G & C Development regarding the deeding back of a parcel of land at the northwest corner of Huntington Woods to Mr. Janco.  Mayor Reed asked Mr. Collins to respond.  Solicitor Collins stated that this issue will be addressed at the Planning Commission meeting on Monday, April 10, 2000.  The legal dilemma is that a verbal agreement is not binding, however, Solicitor Collins stated that Council can urge the Developers to comply as a matter of equity and fairness.

 

OLD BUSINESS

 

ORDINANCE NO. 17-2000 was read by Solicitor Collins for the third time.  AN ORDINANCE GRANTING AN EASEMENT TO PENN OHIO PROPERTIES, INC. FOR ACCESS, INGRESS AND EGRESS, ACROSS A PORTION OF MADISON VILLAGE’S PROPERTY LOCATED AT 33 NORTH LAKE STREET, MADISON, OHIO.  Mr. Loparo moved for passage.  Mrs. Kopczak seconded.  All present were in favor.   

 

NEW BUSINESS

 

ORDINANCE NO. 21-2000 was read by Solicitor Collins for the first time.  AN ORDINANCE AUTHORIZING THE PURCHASE OF A NEW CATERPILLAR 416-C MULTI-USE HYDRAULICS BACKHOE-LOADER THROUGH THE STATE’S COOPERATIVE PURCHASING PROGRAM WITHOUT THE NECESSITY OF COMPETITIVE BIDDING.  Mr. Britton motioned to suspend the three reading rule.  Mr. Burgard seconded.  All present were in favor.  Mr. Britton moved for passage.  Mr. Smith seconded.  All present were in favor.

 

ORDINANCE NO. 22-2000 was read by Solicitor Collins for the first time.  AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR AND CLERK-TREASURER TO ENTER INTO A CONTRACT WITH GEHRING’S AGENCY INC., ON BEHALF OF GENERAL STAR NATIONAL INDEMNITY COMPANY, FOR PUBLIC OFFICIALS LIABILITY INSURANCE FOR MADISON VILLAGE, AND DECLARING AN EMERGENCY.  Mr. Britton motioned to suspend the three reading rule.  Mr. Burgard seconded.  All present were in favor.  Mr. Burgard moved for passage.  Mr. Britton seconded.  All present were in favor.

 

ORDINANCE NO. 23-2000 was read by Solicitor Collins for the first time.  AN ORDINANCE CERTIFYING DELINQUENT SANITARY SEWER CHARGES, WATER RENTS AND REFUSE AND GARBAGE COLLECTION FEES TO THE LAKE COUNTY AUDITOR FOR COLLECTIONS AS OTHER MUNICIPAL TAXES ARE COLLECTED, AND DECLARING AN EMERGENCY.  Mr. Britton motioned to suspend the three reading rule.  Mr. Burgard seconded.  All present were in favor.  Mr. Britton moved for passage.  Mr. Burgard seconded.  All present were in favor.

 

ORDINANCE NO. 24-2000 was read by Solicitor Collins for the first time.  AN ORDINANCE APPROVING A CHANGE ORDER THEREBY MODIFYING THE CONTRACT WITH C.I.R., INCORPORATED FOR ADDITIONAL WORK FOR THE SENIOR CENTER PARK PROJECT.  Mr. Britton motioned to suspend the three reading rule.  Mr. Smith seconded.  All present were in favor.  Mr. Smith moved for passage.  Mr. Britton seconded.  All present were in favor.

 

 

 

 

 

COUNCIL

 

Mr. Britton thanked Administrator Sample for his prompt handling of several issues this past week.  He also urged Chief Matty to beef up patrol on Main Street, as he has been made aware of many illegal  J-turns, U-turns, running red lights, stop signs, etc.     

 

ENGINEER’S REPORT

 

Engineer Foley reported that the Eagle Street project is progressing with minimal problems while boring under the tracks.  Good progress is being made and theVillage Glen Subdivision, Phase I is gearing up to start soon.  There is no news on the subdivision at the interchange; however, it should be starting any time.  Work continues on the Phase 2 project for this year. Due to Mayor Reed’s

absence from the Senior Board Meeting, he asked Mr. Foley for an overview of the Senior Center Phase 2 construction.  Mr. Foley stated that a modified plan was presented on one of the alternates that incorporated Phase 2 and Phase 3 with a large expansion.  Board members favorably received it.  There was some discussion about a few of the locations inside the site.  Dollar values need to be placed, as there is a need for additional funding.  Total area of expansion is about 2000 square feet.  No final conclusions were made to the plan, however there appeared to be general acceptance to it.

 

SAFETY REPORT

 

Chief Matty provided Council with copies of Central Communications Special Meeting minutes regarding the microwave dishes and the need to go ahead with the installation of the project.  He also provided Council with copies of the month-end report for March.  Headstart requested approval and safety assistance for a parade on Thursday, May 18th from 10:00AM to 11:00AM.  The parade will begin at Memorial Complex and continue down Main Street to the Park.  Chief Matty requested the street closing.  Alternate traffic route will be around Eagle St. to Union St. to South Lake and Saxton.  The Ministerial Association’s annual Crop Walk is scheduled to be held on Sunday, May 7th from 1:00PM to 4:00PM.  They too have requested safety assistance.  They plan to walk from the Park down West Main, to Dayton, to Middle Ridge, to North Lake Street. Both groups have been asked to present Council with a letter to request approval.  Rev. Alvey, Park United Methodist Church has scheduled their annual Flower Festival for Saturday, May 13, 2000 from 9:00AM to Noon.  They have asked that the Madison Village Police Dept. consider holding the Bike Rodeo in the church parking lot in conjunction with their program.  Discussion was held.  Mr. Britton motioned to approve the Chief’s request for the activities scheduled for May 7, May 13 and May 18.  Mr. Smith seconded.  All present were in favor.

 

ADMINISTRATOR’S REPORT

 

Administrator Sample reported that the new three-year-contract for garbage pickup will be submitted this week, after review by Solicitor Collins.  The new contract is similar to the last bid specs that were 20-25 pages long. The tree planting program started this week and will continue for the next two to three weeks.  The parks and cemetery crew will also begin seeding, fertilizing, etc. this week.  Patching of the walls in Council Chambers was completed last week and the painting is nearing completion, as well.  New draperies have been ordered and are expected to be delivered and hung within the next two weeks.  Leaf pick up is scheduled for April 10th and brush pick up for April 17th.  A Public Hearing will be held on Monday, April 17th at 6:45PM regarding the proposed zoning code changes regulating fences.  Administrator Sample thanked Council for their approval for the purchase of the new backhoe, which is greatly appreciated and needed. Pictures were distributed to Council of various properties that will be cited for junk cars on the property and also buildings and houses in need of repair. Owners on North Lake and Safford Streets, who were sent letters previously, have made progress on their repairs.

 

MAYOR’S REPORT

 

Mayor Reed had several items to share.  He announced that Mr. Mark Vest would be appointed as Dr. Mitchell Henn’s replacement to the Board of Zoning Appeals.  Mr. Vest of West Main St. will begin his appointment upon the resignation of Dr. Henn.  Announcement was made of the first of the season, Concert in the Park, being on Thursday, May 18th at 6:00PM.  Fliers of the scheduled Concerts in the Park have been distributed to Council and also throughout the Community. 

 

Mayor Reed suggested that Council adjourn for an executive session to discuss legal matters.  Solicitor Collins added that discussion would take place regarding appointment of a public official and possible real estate acquisition.  Mr. Smith motioned for adjournment.  Mr. Britton seconded.  All present were in favor.