COUNCIL MINUTES

VILLAGE OF MADISON

Regular Meeting

August 1, 2005

 

 

Record of Proceedings

 

Mayor Evangelista called the meeting to order at 7:01 p.m. and invited all in attendance to join in the Pledge of Allegiance to the American Flag.  Council Members Mr. Buck, Mr. Burgard, Mr. Loparo, Mr. Toward and Mr. Vest were present. Also in attendance; Mayor Evangelista, Officer Mussell for Chief Forsythe, Engineer Foley and Fiscal Officer Pinkert.  Mr. Britton joined the meeting at 7:04pm.

 

Motion by Mr. Loparo, seconded by Mr. Vest, to approve the minutes of the regular meeting on July 18, 2005, as presented.  Roll call on the motion, 6 yeas.  Motion passed.

 

Fiscal Officer Pinkert presented Pay Ordinance #2094 totaling $32,506.50 for payroll and $29,866.09 for current and upcoming expenses.

Motion by Mr. Toward, seconded by Mr. Buck, to approve Pay Ordinance #2094.  Roll call on the motion, 6 yeas.  Motion passed.

 

 

VISITORS

 

Jeffery York, owner of the Trading Post, asked for clarification about a letter he received about displaying merchandise on the sidewalk.  Mr. Britton said that he has to stay within the 4-foot regulations for sidewalk displays.  Mr. York suggested Council consider changing the regulations. 

 

Larry Larson, 239 West Main Street, expressed the following concerns regarding Ordinance No. 33-2005:

  1. The terminology of “employment related” issues and asked what they were.
  2. Section 2, saying the ordinance was discussed in “open meetings” and asked when.
  3. Section 3, the terminology of “health, safety & welfare” and asked how this ordinance pertains to that.

Mayor Evangelista explained that there are no specific employment related issues in regard to the ordinance and that it is in the best interest of the Village to have that language included.  Mr. Loparo said that personnel discussions are not open to the public and that ordinance No. 33-2005 was passed according to the regulations of the Ohio Revised Code.  Solicitor Murray said that the terminology in section 3 is statutory for ordinances passed with suspension of the three reading rule but that this ordinance was read three times. 

Larry Larson went on to express concerns about legal issues regarding John Sample, and his use of the Village computer for personal use during office hours and asked how Council could justify approving the agreement.  Mayor Evangelista said that Council was aware of the issues regarding John Sample when considering the agreement.

Larry Larson demanded an outside department come in and investigate the issues surrounding John Sample and also requested that Ordinance No. 33-2005 be tabled until and investigation is complete.

Larry Larson also expressed concerns about the Police Department accountability and chain of command and suggested members of council step down from the Safety Committee and that citizens be appointed to oversee the Police Department.

 

 

 

 

Jeffery York, owner of the Trading Post, made a comment about the Police Department saying that as an observing local business owner the Police are doing a good job.

 

Ward Buck, 885 W. Main Street, gave praise for a successful trash pick-up and said that he appreciates the work of the Village employees and that he is looking forward to Old Fashioned Days.

 

 

OLD BUSINESS

 

ORDINANCE NO. 33-2005 was read by Solicitor Murray, third reading.  AN ORDINANCE ACCEPTING THE RESIGNATION OF JOHN D. SAMPLE AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH JOHN D. SAMPLE FOR RESOLUTION OF ANY EMPLOYMENT ISSUES AND DECLARING AN EMERGENCY.

Mr. Toward requested more information and said that the ordinance should contain more detail.  He suggested tabling the ordinance.  There was a discussion about tabling Ordinance No. 33-2005.  Motion by Mr. Britton, seconded by Vest, to amend Section of Ordinance No. 33-2005 to allow the payment of $60,000 to John Sample in three annual payments of $20,000.  Roll call on the motion, 5 yeas and 1 nay (Vest).  Motion passed.

Motion by Mr. Britton, seconded by Mr. Loparo to approve Ordinance No. 33-2005.  Roll call on the motion 3 yeas and 3 nays (Buck, Toward and Britton). 

Mayor Evangelista said that in the event of a tie vote he is required to vote in order to break the tie.  He asked Council for explanations regarding their votes.

Mr. Britton said that he voted no because he thinks John Sample should still be the Village Administrator.

Mr. Vest said that he voted yes because this is an agreement with Mr. Sample that causes the least amount of disruption both monetary and to the services of the Village.

Mr. Loparo said that he voted yes because it cause it creates the least amount of disruption for the Village.

Mr. Buck said that he voted no because the language in the agreement isn’t clear.

Mr. Burgard said he voted yes because the Village needs to move forward.

Mr. Toward said he voted yes in order to move forward but that he still thinks the language isn’t clear.

Mayor Evangelista said that based on all comments and that he is satisfied with legalities he is voting yes to approve Ordinance No. 33-2005.  Ordinance No 33-2005 duly passed. 

 

Mr. Britton excused himself from the meeting at 7:51 p.m.

 

ORDINANCE NO. 34-2005 was read by Solicitor Murray, second reading.  AN ORDINANCE AMENDING ORDINANCE NO. 27-2005 FOR ADDITIONAL APPROPRIATIONS IN ORDER TO CORRECT FIGURES SUBMITTED TO THE COUNTY AUDITOR.

Motion by Mr. Toward, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 34-2005.  Roll call, 5 yeas.  Motion passed.  Motion by Mr. Burgard, seconded by Mr. Buck, to approve Ordinance No. 34-2005.  Roll call, 5 yeas.  Ordinance No. 34-2005 duly passed.

 

ORDINANCE NO. 35-2005 was read by Solicitor Murray, second reading.  AN ORDINANCE AMENDING ORDINANCE NO. 32-2005 FOR ADDITIONAL APPROPRIATIONS IN ORDER TO CORRECT FIGURES SUBMITTED TO THE COUNTY AUDITOR.

 

 

 

Motion by Mr. Vest, seconded By Mr. Toward, to suspend the three reading rule for Ordinance No. 34-2005.  Roll call, 5 yeas.  Motion passed.  Motion by Mr. Burgard, seconded by Mr. Buck, to approve Ordinance No. 34-2005.  Roll call, 5 yeas.  Ordinance No. 34-2005 duly passed.

 

ORDINANCE NO. 37-2005 was read by Mayor Evangelista, second reading. AN ORDINANCE ESTABLISHING THE HOURS OF WORK AND RATE OF PAY FOR VARIOUS MUNICIPAL EMPLOYEES OF THE VILLAGE OF MADISON.

 

ORDINANCE NO. 38-2005 was read by Mayor Evangelista, second reading. AN ORDINANCE ESTABLISHING THE HOURS OF WORK AND RATE OF PAY FOR ALL MEMBERS OF THE SAFETY FORCES OF THE VILLAGE OF MADISON.

 

 

NEW BUSINESS

 

ORDINANCE NO. 40-2005 was read by Solicitor Murray, first reading.  AN ORDINANCE LEVYING ASSESSMENTS FOR THE IMPROVEMENTS OF STREETS IN THE VILLAGE OF MADISON, OHIO BY SUPPLYING THE SAME WITH ELECTRICAL STREET LIGHTING, AND DECLARING AND EMERGENCY.

Motion by Mr. Toward, seconded by Mr. Vest, to suspend the three reading rule for Ordinance No. 40-2005.  Roll call, 5 yeas.  Motion passed.  Motion  by Mr. Vest,  seconded by Mr. Toward, to approve Ordinance No. 40-2005.  Roll call, 5 yeas.  Ordinance No. 40-2005 duly passed.

 

ORDINANCE NO. 41-2005 was read by Solicitor Murray, first reading.  AN ORDINANCE CONFIRMING THE APPOINTMENT OF BRENT RUSS AS A PART-TIME PATROLMAN FOR THE VILLAGE OF MADISON POLICE DEPARTMENT FOR PROBATIONARY PERIOD OF ONE (1) YEAR, AND DECLARING AN EMERGENCY.

Motion by Mr. Toward, seconded by Mr. Vest, to suspend the three reading rule for Ordinance No. 41-2005.  Roll call, 5 yeas.  Motion passed.  Motion by Mr. Burgard, seconded by Mr. Buck, to approve Ordinance No. 41-2005.  Roll call, 5 yeas.  Ordinance No. 41-2005 duly passed

Solicitor Murray administered the oath of office to Brent Russ.

 

RESOLUTION NO 21-2005 was read by Solicitor Murray, first reading.   A RESOLUTION HONORING BRYAN PELICH OF BOY SCOUT TROOP 157 UPON EARNING AND RECEIVING THE DISTINGUISHED EAGLE SCOUT AWARD.

Motion by Mr. Toward, seconded by Mr. Buck, to approve Resolution No. 21-2005.  Roll call, 6 yeas.  Resolution No. 20-2005 duly adopted. 

 

 

COUNCIL REPORTS

 

Mr. Toward said that Old Fashioned Days is the 4th – 7th of August and encouraged everyone to attend.

 

Mr. Vest said that he was offended by Larry Larson’s accusations of Council breaking the law.

 

 

 

 

He added that he has to uphold his oath of office and that Council can only advise on Police Department issues.  Mr. Vest also said in regard to the use of M16s that Village Police Officers are out gunned on the street and other Police Departments have access to more powerful weapons.

 

Mr. Loparo said that according to the Ohio Revised Code, Village Council has only legislative powers.  Administrative duties fall to the Mayor and Administrator.  Mr. Loparo also suggested the Larry Larson run for Council.

 

Mr. Buck thanked Mayor Evangelista and Councilman Britton for their extra service while the Village is without an administrator. 

 

Mr. Burgard also thanked Mayor Evangelista and Councilman Britton.  He also said that decisions of Council are not always popular, but that they do a good job overall and he resents comments to the otherwise.

 

 

ENGINEER’S REPORT

 

Engineer Foley gave an update on all active projects in the Village.  He said that the Senior Center Addition is complete except for some loose ends.

Mr. Vest asked about the dead shrubs at Dollar General and also expressed concerns about Kimball Creek sediment. 

Engineer Foley said that Cocca Development is bound by the constraints of the Board of Zoning Appeals to provide a screen of some sort at that location. Mayor Evangelista said that someone has contacted him about replacing the landscaping with a fence.  Engineer Foley also said that he would check on Kimball Creek.

 

 

SAFETY DEPARTMENT REPORT

 

Chief Forsythe congratulated Brent Russ on his appointment.  He also made the following comments in response to Larry Larson’s concerns:

  1. The Police Department is never away from community policing.
  2. Other Police Departments have offered the use of their canines to the Village.
  3. Any officer that makes an arrest 5 minutes after starting his shift is doing his job.
  4. Madison Village is the only Police Department in Lake County that doesn’t have M16s ready at hand.

Mr. Toward asked if the bike patrol would be reinstated.  Chief Forsythe said that they will be in force during Old Fashioned Days and that he is working on updating policy to include the bike patrol.

 

 

FISCAL OFFICER REPORT

 

Fiscal Officer Pinkert reported the following:

  1. Governmental Software Solutions will be doing an on-site demonstration  of utility billing software on Thursday and Software Solutions is submitting a new quote.

 

 

 

  1. The State Auditors are working on fund balance adjustments due to results of the 2002-2003 audit and that the largest adjustments will be to the enterprise capital funds but will probably be off set by adjustments to the enterprise operating funds. 

 

 

MAYOR’S REPORT

 

Mayor Evangelista reported the following:

 

  1. The annual Junk Pick-up was July 23, 2005, and went well.
  2. Greg Frania was hired as the Wastewater Treatment Plant Superintendent.  He has a Class III Wastewater operator and Class III Water operator licenses
  3. He recently attended a FEMA meeting regarding flood planes.  If they recommend changes, the Village will have to agree or disagree before the final draft. 
  4. Edward’s Street dedication is moving forward and will be contingent on Council’s approval.
  5. Recycling costs for 2006 will increase by $1.80 per month.
  6. The Village has 38 applications for the Administrator of Services position.

 

Mayor Evangelista announced the following dates:

 

Cruising in the Park                             8/2/05

Concerts in the Park                             8/4/05

Planning Commission                              8/8/05              7:00pm

Mayor’s Court                                     8/11/05            6:00pm

Council Meeting                                    8/15/05            7:00pm

 

Mayor Evangelista addressed Larry Larson’s comments about the Police Department saying that if a Police Department isn’t in run a para-military fashion, it wouldn’t be a police department and currently the M16s are in a lock safe and will be available as needed, as they should be.  He added that he takes the statements about Council personally and that all six members of Council are deeply concerned about the Village.

Mayor Evangelista requested an executive session for legal, contractual and budgetary.  Motion by Mr. Burgard, seconded by Mr. Buck, to adjourn for executive session at 8: 27 pm for legal, contractual and budgetary. Roll call on the motion, 5 yeas.  Motion passed.

 

Motion by Mr. Vest, seconded by Mr. Britton, to adjourn.  Roll call, 6 yeas. Meeting adjourned at 9:30 p.m.

 

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