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COUNCIL MINUTES VILLAGE OF MADISON Regular Meeting August 20, 2007
Record of Proceedings
Mayor Evangelista called the meeting to order at 7:00 p.m. Council Members Mr. Britton, Mr. Bartlett, Mr. Hamercheck, Mr. Lee. Mr. Loparo and Mr. Vest were in attendance. Also in attendance Mayor Mike Evangelista, Solicitor Mike Murray, Administrator Matt Zapp and Engineer Ned Foley. Excused were Fiscal Officer Brenda Brcak and Police Chief Mark Forsythe. A Public Hearing was held regarding the Planning Commission’s recommendation to amend the Zoning Code in Madison Village to amend Sections 18.2 regarding initiation of amendments and 18.3.1 regarding actions of Planning Commission on amendments and to implement an updated fee schedule.
Larry Larson, 239 W. Main St.: Requested that Administrator Zapp review the Planning Commission proposal. Administrator Zapp and Solicitor Murray reviewed the sections being amended.
Public Hearing adjourned at 7:07 p.m.
Mayor Evangelista called the Regular Meeting to order at 7:10 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. Bartlett, Mr. Hamercheck, Mr. Loparo, Mr. Lee, and Mr. Vest were in attendance. Also in attendance, Mayor Mike Evangelista, Solicitor Mike Murray, Administrator Matt Zapp, and Engineer Ned Foley. Excused were Fiscal Officer Brenda Brcak and Police Chief Mark Forsythe.
Motion by Mr. Vest, seconded by Mr. Lee that the Minutes from the Regular Meeting of Council, dated August 6, 2007 be approved as amended. Amendment made by Mayor Evangelista to page 3, Paragraph 9 – “out” to “our” Roll call on the motion, 4 yeas (Bartlett, Hamercheck, Lee and Vest), 2 abstain (Britton and Loparo). Motion carried.
Pay Ordinance No. 2142 was presented, including the payroll of $29,776.78 for August 10, 2007, and $66,627.80 for current and upcoming expenses. Motion by Mr. Britton, seconded by Mr. Vest, to approve Pay Ordinance No. 2142. Roll call on the motion, 5 yeas (Britton, Bartlett, Lee, Loparo and Vest, 1 abstain (Hamercheck). Motion carried.
Questions and Answers on Pending Legislation
Jack Lading, 603 W. Main: - Resolution 20-2007. Questioned if the payment in this Resolution was for just the Chief. Mayor Evangelista reviewed the language of the Resolution. The coverage provided would be up to $150 for one year for the Chief and his family.
Mr. Lading then questioned why the Chief’s wife and family would be included, as they are not employees of the Village and are the responsibility of the Chief. He also questioned if the same coverage would be available to other employees in the Village. Administrator Zapp reviewed the need for identity theft coverage due to the Chief’s Social Security Number being accidentally
given out during a public records request. This was an isolated incident and would not affect all employees of the Village. Discussions continued as to optional plans available and their costs.
Larry Dowler, 161 River St: Resolution 20-2007. Questioned how long since the release of information and will this be a check issued directly to the Chief of Police. Mayor Evangelista answered that it been about six months since the incident and there has been no known fraud activity. The payment would be made to the Chief directly, once an invoice has been presented.
Ann Takacs, 164 Huntington Woods: Resolution 20-2007. The Village had an officer that had a number of driver’s licenses in his home. Will this protection be expanded for the individuals that were involved in this occurrence? Solicitor Murray stated the driver’s licenses were contained to one officer.
Jack Lading, 603 W. Main St.: Resolution 20-2007. Requested that Council consider making the check payable to the company providing the service and not pay the Chief directly for the cost of this service.
Stacy Cornell, 161 East Parkway: Resolution 20-2007. What will this service provide for identity theft verses that of the free Fraud Alert service? Mayor Evangelista and Solicitor Murray reviewed the differences in the two programs.
Old Business
ORDINANCE 35-2007 was read by Solicitor Murray, third reading. AN ORDINANCE ENACTING A TRANSIENT GUEST BED TAX IN THE VILLAGE OF MADISON PROVIDING FOR RATE OF TAX, EXEMPTIONS, PENALTIES AND FOR ITS COLLECTION AND ADMINISTRATION.
Motion by Mr. Lee, seconded by Mr. Bartlett to amend Ordinance 35-2007, page 2, to amend the October 1, 2007 date to commence, January 1, 2008. Roll call on the motion to amend, 5 yeas (Britton, Bartlett, Hamercheck, Lee and Vest), 1 abstain (Loparo). Motion carried.
Motion by Mr. Bartlett, seconded by Mr. Lee to approve Ordinance 35-2007 as amended.
Mr. Loparo questioned Section 5 of the Ordinance. Why are we requiring a Bed and Breakfast that already has a conditional use permit, to register for a Transient Guest Permit” and display it? Discussion on placement of the permit continued.
Motion by Mr. Loparo, seconded by Mr. Hamercheck to amend Ordinance 35-2007, Section 5, for registration of Transient Guest Permit and posting in a conspicuous place. Roll call on the motion to amend, 5 yeas (Britton, Bartlett, Hamercheck, Lee and Vest), 1 abstain (Loparo). Motion carried.
Roll call on motion for passage of Ordinance 35-2007, 5 yeas (Britton, Bartlett, Hamercheck, Lee and Vest), 1 abstain (Loparo). Motion carried.
RESOLUTION 20-2007 was read by Solicitor Murray. A RESOLUTION AUTHORIZING PAYMENT FOR IDENTITY THEFT PROTECTION FOR THE MADISON VILLAGE POLICE CHIEF.
Motion by Mr. Bartlett, seconded by Mr. Britton to Untable Resolution 20-2007.
Roll call on the motion to untable, 4 yeas (Britton, Bartlett, Lee and Loparo), 2 nays (Vest and Hamercheck). Motion carried.
Motion by Mr. Lee, seconded by Mr. Bartlett to amend Resolution 20-2007, paragraph 2, strike the word “ and his family”. Roll call on the amendment, 5 yeas (Britton, Bartlett, Loparo, Vest, and Hamerchek), 1 nay (Vest). Motion carried.
Councilman Vest questioned what the Chief has done during the last six month period to protect himself against possible identity theft? Mayor Evangelista stated that without the Chief present he could not answer that question.
Councilman Hamercheck asked Solicitor Murray to read the entire Resolution for clarity. There have been a number of discussions and requests for terms and costs, and wanted clarity on where the Resolution currently stood. Councilman Hamercheck also questioned if the Chief was in agreement with the one year term that is being proposed.
Councilman Bartlett stated that he had spoken with the Chief on the issue concerning the accidental release of his Social Security Number. In reviewing the objective, bottom line evidence, the Chief’s social security number was inadvertently given out by the Village, and we have to assume responsibility for that. The Chief had done nothing wrong, and was requesting protection for himself and his family. Therefore, passing this Resolution is the right thing to do.
Motion by Mr. Loparo, seconded by Mr. Britton, to approve Resolution 20-2007 as amended. Roll call on passage of Resolution 20-2007, 5 yeas (Britton, Bartlett, Loparo, Lee and Hamerchek), 1 nay (Vest). Motion carried.
ORDINANCE 36-2007 was read by Solicitor Murray, second reading. AN ORDINANCE CERTIFYING DELINQUENT SANITARY SEWER CHARGES, WATER RENTS, AND REFUSE AND GARBAGE COLLECTION FEES TO THE LAKE COUNTY AUDITOR FOR COLLECTION AS OTHER MUNICIPAL TAXES ARE COLLECTED, AND DECLARING AN EMERGENCY. Motion by Mr. Loparo, seconded by Mr. Vest to suspend the three reading rule. Roll call on the motion to suspend, 6 yeas. Motion carried.
Motion by Mr. Vest, seconded by Mr. Loparo, to approve Ordinance 36-2007. Roll call on the motion, 6 yeas. Motion carried.
Councilman Hamercheck questioned if Council could pass a blanket Ordinance regarding Certifying Delinquent Sanitary Sewer Charges, Water Rents and Refuse and Garbage Collection Fees to the Lake County Auditor, as we seem to be having more and more of these to come before Council. Mayor Evangelista answered that each Ordinance needs to be brought before the Public Body. Solicitor Murray agreed stating that the County Auditor requires public vote on each assessment certified to the County.
New Business
ORDINANCE 37-2007 was read by Solicitor Murray, first reading. AN ORDINANCE CERTIFYING DELINQUENT SANITARY SEWER CHARGES, WATER RENTS, AND REFUSE AND GARBAGE COLLECTION FEES TO THE LAKE COUNTY AUDITOR FOR COLLECTION AS OTHER MUNICIPAL TAXES ARE COLLECTED, AND DECLARING AN EMERGENCY. Motion by Mr. Britton, seconded by Mr. Loparo to suspend the three reading rule. Roll call on the motion to suspend, 6 yeas. Motion carried.
Motion by Mr. Vest, seconded by Mr. Bartlett, to approve Ordinance 37-2007. Roll call on the motion, 6 yeas. Motion carried.
ORDINANCE 38-2007 was read by Solicitor Murray, first reading. AN ORDINANCE AMENDING MADISON VILLAGE CODIFIED ZONING ORDINANCE NO. 33-1996 AND ALL AMENDMENTS THERETO TO AMEND SECTIONS 18.2, 18.3.1 REGARDING DISTRICT CHANGES AND THE FEE SCHEDULE
Visitor Comments
Larry Larson, 239 W. Main St.: Questioned the Mayor on the three reading of Sanitary Sewer, Water and Refuse Collection Ordinance. If it the desire to give notice for residents to pay before being turned in, why is the three reading rule suspended. Mayor Evangelista stated that it is at the wishes of Council.
A Public Records request was also made for the following information to be provided as soon as possible:
1) Copy of the performance reviews of Administrator Zapp, Chief Forsythe and Fiscal Officer Brcak 2) Personnel Records of Chief Forsythe 3) Of Mike Murray: a list of all items that he considers not available to the public through a public records request.
Solicitor Murray was also asked if copies of e-mails that he has sent to the Village would be obtainable through a Public Records Request. Solicitor Murray stated yes, they would be available.
Mr. Larson also asked for confirmation that the Chief of Police had obtained an outside attorney, as the Madison Village Chief of Police, to file to have a Website administrator divulge the names of persons posting to that site? Solicitor Murray stated that the Village is not a party to this case and we have no involvement. Mr. Larson questioned how this can be done in the name and his title with the Village.
Kathy Lynn, 209 W. Main St.: Asked Mayor Evangelista and Solicitor Murray if they had seen the letter sent from the Police Chief’s Attorney, and do they have proof that the Village is not listed at part of the pending case? Solicitor Murray stated that the Village is not part of the pending case and are not party to the activities of that case.
Mrs. Lynn also asked Councilman Britton about payment to the Village for the 121 hours labor hours the Police Department put in during Old Fashioned Days. Is the Old Fashion Day Committee going to pay the Village for these hours. Mr. Britton stated that Auxiliary had already been for some of the hours worked. Mrs. Lynn requested that Council consider allocating wages to the Old Fashion Day’s event in the 2008 budget.
It was asked when the vacation leave that the Chief of Police is currently on was approved. Was this a scheduled vacation or a sudden vacation. Mayor Evangelista stated that this was a scheduled vacation and approved in advance. Copies of the Chief’s request and his approval were copied to all of Council last week.
The final question concerned the Dyke’s Case and settlement of that case as was reported in the newspaper. What was the cost to the Village and what was the settlement amount. Solicitor Murray stated that the cost to the Village would be the insurance deductible. We have not been billed for that portion of the cost at this time.
Mark Bayshore, 205 Manchester Ct.: Questioned is Reverse 911 still in effect in the case of emergency weather events. Administrator Zapp responded that it was still in effect.
Mr. Bayshore questioned the Village’s liability to the Chief of Police from February through current, should the Chief have had a problem and no coverage was in effect. He stated that the Chief of Police should have shown due diligence to get coverage for himself and his family when the accident was first detected, and he should be responsible for himself, not the Village being responsible for him.
Gordon Musclow, 178 Willowbend – Mr. Musclow has researched companies that help with Waste Water Treatment infiltration. He handed out a packet on a company that has a number of references and done work in a number of communities both large and small.
Larry Dowler, 161 River St. Questioned why the Chief of Police did not protect himself and his family when the accidental release of his Social Security Number was first given out.
The infiltration problem is not new. He explained the process used in Florida to repair their sewer system to protect against the infiltration.
Jack Lading, 603 W. Main St.: General comments about the Mayor and election year.
Stacy Cornell, 161 East Parkway: Questioned what limited resources are being referred to when speaking of the Safety Department? All departments are working with limited resources currently.
Council Reports
Mr. Britton: Thanked the Community for their support during Old Fashioned Days. All came together to make the event. A special thank you to Bob Lee, Don Bartlett and Vince Loparo for their help. Administrator Zapp, the Road and Maintenance Department and Police Department did a great job in supporting this year’s activities.
Corn hole toss was a good success with 42 teams signed up. Planning is underway for the 2008 event.
Mr. Hamercheck: No Report.
Mr. Vest: Upcoming Meetings:
· 9/5/2007 – Lake County Comprehensive Plan · 9/17/2007 - Planning Commission meeting
Mr. Loparo:
· Madison Historical Society will hold a meeting August 23, 2007 to discuss the future of the Historical Society. Due to funding constraints they can not renew their lease, and are looking to the combine with the Lake County Historical Society. All are encouraged to attend and support.
· The Ohio Association of Senior Centers has recertified Rae Jean Burguard as a Senior Center Director. A copy of her certificate has been added to her file.
· Upcoming Meetings: 8/21/2007 – Senior Center Board Meeting 9/17/2007 – Fire Board Meeting
· To Kathy Lynn – will check worksheets for the Safety Department. Old Fashioned Days was a consideration in the budget for 2007. Mr. Loparo also reviewed the status of the Hale and Butler vs. Village of Madison and John Sample lawsuit. The courts and appeals court have found in favor of the Village of Madison and John Sample.
Mr. Bartlett: The Economic Development Committee is still working with business owners to bring prospects to Madison and the I-90 Interchange areas.
Mr. Lee: Stated that the memo put into Council mailboxes was dated August 14th. This gave a two day notice as to taking vacation. Short notice is not appropriate. The Mayor was asked to enforce to the Chief, the importance of him being at Council and Budget meetings. People need to be able to ask questions of the Chief and obtain answers to questions.
Engineer’s Report
Engineer Foley reported that the paving at the Senior Center was scheduled to start on August 27th. All work should be completed in one week.
Safety Report
No Report
Fiscal Officer Report No Report
Administrator’s Report
No Report
Mayor’s Report
The County is still reviewing the water and sewer numbers. There will be a workshop in the near future to further discuss options on the water and sewer operations of the Village.
· 8/21 – Cruise In in the Park - Senior Center Board · 8/23 – Mayor’s Court · 9/4 - Council Meeting
Motion by Mr. Britton seconded by Mr. Loparo to adjourn the meeting at 9:05 p.m. Roll call on the motion, 2 yeas (Britton and Loparo, 4 nays (Bartlett, Lee, Hamerchek and Vest). Motion defeated.
Motion by Mr. Vest, seconded by Mr. Hamercheck to enter into executive session for legal matters. Roll call on the motion, 4 yeas (Vest, Bartlett, Hamercheck and Lee, 2 nays ( Britton and Loparo. Motion carried.
Reconvened to Public Session at 9:15 p.m.
Motion by Mr. Hamercheck seconded by Mr. Vest to adjourn the meeting at 9:15 p.m. Roll call on the motion, 6 yeas, Motion carried.
__ Brenda M. Brcak, Fiscal Officer Michael Evangelista, Mayor DATE |