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COUNCIL MINUTES VILLAGE OF MADISON Regular Meeting August 21, 2006
Record of Proceedings
Mayor Evangelista called the meeting to order at 7:02 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. Buck, Mr. Hamercheck, Mr. Lee, Mr. Loparo and Mr. Vest were present. Also in attendance, Mayor Evangelista, Administrator Zapp, Solicitor Murray, Police Chief Forsythe, Engineer Foley and Fiscal Officer Pinkert.
Motion by Mr. Vest, seconded by Mr. Lee, to approve the minutes of the regular meeting of August 7, 2006, with the following amendments:
Roll call on the motion, 6 yeas. Motion carried.
Fiscal Officer Pinkert presented Pay Ordinance No. 2118 totaling $36,035.67 for payroll and $97,353.79 for current and upcoming expenses. Motion by Mr. Loparo, seconded by Mr. Britton, to approve Pay Ordinance No. 2118. Roll call on the motion, 5 yeas and 1 nay (Vest). Motion carried.
PUBLIC HEARING
Mayor Evangelista opened the public hearing at 7:10 p.m. regarding a zoning change in Madison Village near 229 East Main Street (Parcel Numbers 02-A-006-E-00-001-0 and 02-A-006-D-00-001-0) from A-1 and R-2 respectively to an R-1 (residential subdivision district).
Property Owner Vince Marcellino of Vincent Homes explained that there is about 13 acres and he wants to develop the property and build 16 homes. He added that the lots and homes will meet all of the Village requirements and that there will be a mixture of ranch and colonial style single family homes.
Administrator Zapp asked if any other variances will be requested for lot sizes or square footage requirements. Mr. Marcellino said no. Mr. Britton asked if the land has been purchased. Mr. Marcellino said no, it is under contract. Mr. Lee asked what the price range of the homes will be and if Mr. Marcellino anticipates problems with the homes being so close to the railroad tracks. Mr. Marcellino said between $180,000.00 and $200,000.00 and that most of the homes in this area are close to the tracks.
Anita Nestor, 213 East Main Street, asked where the storm water will go. Mayor Evangelista said that the decision will be part of the design of the overall project and that it will have to be approved.
He added that the zoning change is the first step of the process. Mr. Marcellino will have to submit a general plan to the Planning Commission for review and approval.
Beth Blakesmith, 752 Dawn Road, expressed concerns about the extra burden on the schools from increased housing developments. Mayor Evangelista said that he isn’t aware of any concerns from the schools and suggested she contact the School Board members. Beth Blakesmith also inquired about drainage and sanitary sewer. Mayor Evangelista said that although, they will be underground at the subdivision level, the storm sewer will eventually drain into the local creeks. He added that sanitary already runs though the property and a small subdivision is capable of tying into it and that the Village Engineer will check on it.
Rich Janco, 178 East Main Street, requested a clarification on the lot sizes. Administrator Zapp said that the minimum requirement is 20,000 square feet and that there is roughly 44,000 square feet in an acre. Mr. Marcellino’s preliminary drawing had larger than required lots, he has the opportunity to reconfigure but that the absolute minimum that he could have is 20,000. Mr. Janco also said that the rain wasn’t draining well in Huntington Woods.
Administrator Zapp read the written comments (included as part of the minutes) regarding the requested zoning change. Mayor closed the public hearing at 7:22 p.m.
VISITORS
Jack Lading, 603 West Main Street, informed everyone that Madison Village Patrolman Doug Covert won the YMCA Dream House and congratulated him.
Beth Blakesmith, 752 Dawn Road, expressed concerns about the amount of debris still in the storm and sanitary sewers due to the flooding and requested they be cleaned out. She also asked about check valves to prevent sewer backup into homes and if the Village provides them. Administrator Zapp said that he will contact American International about the debris in the sewers and work with them to rectify the problem. He also said that it is the homeowner’s responsibility to install any prevention devices for sewage backup. He added that the Village can provide contact information for area plumbers. Administrator Zapp also clarified that the Village’s responsibility stops at the road right of way. Beth Blakesmith also noted that American International the developer of Village Glen and some of the builders aren’t working hard to prevent silt from going into the storm sewers. She also Said that they weren’t helpful when she contacted them. She requested that the storm sewer issues be addressed before any more new development is approved in Madison Village.
Larry Larson, 239 West Main Street, asked if the Village has heard from FEMA regarding recovering costs from the flood.
Mayor Evangelista said that FEMA will provide a reimbursement for 75% of our eligible costs and that the State may also contribute toward the Village’s 25% share. He added that there are any actual figures yet.
Larry Larson also expressed the following concerns and offered comments: 1. At the last meeting, a non-resident was allowed to make comments about a resident. Also, John Sample commented that there was a meth lab my house. According to papers provided by the District Attorney’s Office, the case was thrown out for lack of evidence, at no time was meth cooked in my house. 2. Regarding Mr. Loparo frustration at the last meeting with residents that don’t have a college education or training making comments on and questioning the operations of the Police department. Residents always have the right to give input, challenge and question anyone who is elected or responsible for the operations of the Village and Mr. Loparo has no right to say otherwise. 3. Why are we wasting resources patrolling I-90, the majority of taxpayers want the police in the neighborhoods? Is it legal for officers to observe outside Village limits on I-90 and issue a ticket after a person is in the Village and how often does this happen? Solicitor Murray said that he isn’t aware of that happening. 4. If vehicle #624 is in poor shape, why is it still being used on I-90 as a pursuit car?
Larry Larson also expressed concerns about the Chief of Police’s response time during the flood and the number of officers used for Old Fashioned Day in comparison to the number called in the night of the flood. Larry Larson also said, in his opinion, Chief Forsythe should attend college classes for administration, finance and budgeting. He added that the income tax increase on the ballot will probably fail.
Paul Goda, 431 West Main Street, urged Council to approve a ballot issue for a property tax increase instead of an income tax increase. He also said that the Central Collection Agency (CCA) for income tax collections makes too many mistakes and he has more confidence in the Lake County Auditor than the CCA.
Nancy Mantey, 6 Appaloosa Trail, thanked everyone for the clean-up after Old Fashioned Days. She also said regarding an income tax or property tax increase, that both are uncertain. Nancy Mantey asked what the other expenses on Pay Ordinance No. 2118 were and requested the Fiscal Officer and Solicitor speak up when they talk. Fiscal Officer Pinkert said that the other expenses varied from legal, utilities, operating supplies ect.
Gordon Musclow, 178 Willowbend, said that he agrees with Mr. Goda and also asked for an explanation regarding Ordinance No. 56-2006. Mayor Evangelista said that it would be clarified during the legislation portion.
OLD BUSINESS
ORDINANCE NO. 50-2006 was read by Solicitor Murray, third reading. AN ORDINANCE ENACTING A 6.5 MILL LEVY FOR PAYMENT OF THE CURRENT EXPENSES FOR THE GENERAL OPERATION OF THE VILLAGE OF MADISON AND AUTHORIZING AND DIRECTING THE FISCAL OFFICER TO FILE A CERTIFIED COPY OF THIS ORDINANCE AND PROPOSED BALLOT FORM WITH THE COUNTY BOARD OF ELECTIONS TO PLACE THE ISSUE ON THE BALLOT FOR THE NOVEMBER 7, 2006, ELECTION. Motion by Mr. Loparo, seconded by Mr. Lee, to approve Ordinance No. 50-2006. Roll call, 6 Nays. Ordinance No. 50-2006 failed.
ORDINANCE NO. 51-2006 was read by Solicitor Murray, third reading. AN ORDINANCE ENACTING AN ADDITIONAL THREE QUARTER OF ONE PERCENT (.75%) TAX ON MUNICIPAL INCOME AND AUTHORIZING AND DIRECTING THE FISCAL OFFICER TO FILE A CERTIFIED COPY OF THIS ORDINANCE AND PROPOSED BALLOT FORM WITH THE COUNTY BOARD OF ELECTIONS TO PLACE THE ISSUE ON THE BALLOT FOR THE NOVEMBER 7, 2006, ELECTION. There was discussion about amending Ordinance 51-2006 to eliminate the 60% restriction on the new revenue. Solicitor Murray said that although this wouldn’t be a major amendment, he advises suspending the three reading rule for the ordinance if it is amended. Mr. Loparo said that, in his opinion, is not possible project what the costs will be for capital expenditures for five years and an amendment will allow Council to be proactive in management of Village Funds. Mr. Lee requested Council pass a resolution in support of using Version 9 of the 5-year projection as a guideline for use of additional funds. Motion by Mr. Loparo, seconded by Mr. Britton, to amend Ordinance No. 51-2006 to remove the SECOND WHEREAS PARAGRAPH as well as SECTION 2 and language from of the proposed ballot question THE LAST TWO LINES FROM THE WORD WHEREIN TO THE WORD INFRASTRUCTURE pertaining to allocating 60% of the income generated towards infrastructure. Roll call on the motion, 6 yeas. Motion carried. Motion by Mr. Loparo, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 51-2006. Roll call on the motion, 6 yeas. Motion by Mr. Lee, seconded by Mr. Loparo, to approve Ordinance No. 51-2006 as amended. Roll call, 6 yeas. Ordinance No. 51-2006 duly approved.
NEW BUSINESS
ORDINANCE NO. 55-2006 was read by Solicitor Murray, first reading. AN ORDINANCE CERTIFYING DELIQUENT 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 AND EMERGENCY. Motion by Mr. Loparo, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 55-2006. Roll call on the motion, 6 yeas. Motion passed. Motion by Mr. Britton, seconded by Mr. Buck, to approve Ordinance No. 55-2006. Roll call, 6 yeas. Ordinance No. 55-2006 duly approved.
ORDINANCE NO. 56-2006 was read by Solicitor Murray, first reading. AN ORDINANCE PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS AND ADJUSTMENTS TO VARIOUS LINE ITEMS FOR THE CURRENT EXPENSES AND FOR OTHER EXPENDITURES OF THE VILLAGE OF MADISON, OHIO, FOR THE PERIOD BEGINNING JANUARY 1, 2006, TO AND INCLUDING DECEMBER 31, 2006, AND DECLARING AN EMERGENCY. Fiscal officer Pinkert explained that the increase is to purchase a new software system for Mayor’s Court and that the money is generated from court costs in Mayor’s Court and that it can only be expended for the upkeep and maintenance of the Mayor’s Court computer. Motion by Mr. Lee, seconded by Mr. Loparo, to suspend the three reading rule for Ordinance No. 56-2006. Roll call on the motion, 6 yeas. Motion passed. Motion by Mr. Vest, seconded by Mr. Britton, to approve Ordinance No. 56-2006. Roll call, 6 yeas. Ordinance No. 56-2006 duly approved.
RESOLUTION NO. 20-2006 was read by Solicitor Murray, first reading. A RESOLUTION DIRECTING THE LAKE COUNTY BOARD OF ELECTIONS TO CONDUCT AN ELECTION ON THE PROPOSED ADDITIONAL THREE QUARTER OF ONE PERCENT (.75%) TAX ON MUNICIPAL INCOME ON NOVEMBER 7, 2006, AND DECLARING AN EMERGENCY. Solicitor Murray informed Council that this is a requirement to get the issue on the ballot. He also advised suspending the three reading rule. Motion by Mr. Lee, seconded by Mr. Vest, to suspend the three reading rule for Resolution No. 20-2006. Roll call on the motion, 6 yeas. Motion by Mr. Lee, seconded by Mr. Britton, to approve Resolution No. 20-2006. Roll call on the motion, 6 yeas. Resolution No. 20-2006 duly adopted.
RESOLUTION NO. 21-2006 was read by Solicitor Murray, first reading. A RESOLUTION DIRECTING THE LAKE COUNTY BOARD OF ELECTIONS TO CONDUCT AN ELECTION ON THE PROPOSED 6.5 MILL LEVY FOR PAYMENT OF CURRENT EXPENSES FOR THE GENERAL OPERATION OF THE VILLAGE OF MADISON ON NOVEMBER 7, 2006, AND DECLARING AN EMERGENCY. Motion by Mr. Loparo, seconded by Mr. Buck, to suspend the three reading rule for Resolution No. 21-2006. Roll call on the motion, 6 yeas. Motion by Mr. Loparo, seconded by Mr. Vest, to approve Resolution No. 21-2006. Roll call on the motion, 6 nays. Resolution No. 21-2006 failed.
Motion by Mr. Lee, seconded by Mr. Loparo, to approve Resolution No.22-2006. A RESOLUTION REQUIRING VILLAGE COUNCIL TO USE VERSION 9 OF THE PROJECTIONS FROM THE BUDGET COMMITTEE AS A GUIDELINE FOR MAKING FUTURE FINANCIAL DECISIONS Mr. Vest asked if this can be considered a contract with the residents of Madison Village of Council’s intentions of how the additional income tax money will be spent. Mr. Lee said that this should be used as a guideline but that it isn’t cast in concrete. Mr. Loparo said that the intent of Council is to put the best effort forward but not to be bound legally to this list. He added that Version 9 Summary Spreadsheet is a best effort guideline. Mr. Britton said that twenty years ago there was a list and it was accomplished but that this won’t be enough to accomplish everything and that there should be some considerations for emergencies. Roll call on the motion 6 yeas. Resolution No. 22-2006 duly adopted.
Solicitor Murray informed everyone that Faith Baptist Church is requesting September 10, 2006, be declared Safety Forces Sunday. Motion by Mr. Vest, seconded by Mr. Britton, approving Resolution No 23-2006 A RESOLUTION PROCLAIMING SEPTEMBER 10, 2006 AS “SAFETY FORCES SUNDAY” IN THE VILLAGE OF MADISON. Roll call on the motion, 6 yeas. Resolution No. 23-2006 duly adopted.
TOPIC
Discussion/decision pertaining to the Village Council Meeting scheduled for Labor Day on Monday, September 4, 2006. Mr. Loparo suggested canceling the meeting. Mr. Hamercheck asked if the meeting is canceled will Council have time to consider a campaign for the ballot issue. After discussion, motion by Mr. Lee, seconded by Mr. Hamercheck to move the September 4th meeting to September 5th. Roll call on the motion, 6 yeas. Motion carried.
QUESTION & ANSWERS
Nancy Mantey, 6 Appaloosa Trail, expressed concerns about the purchase of the Mayor’s Court software and asked what the Mayor’s Court does. Mayor Evangelista explained that it will allow the Mayor’s Court Clerk Cathy Katona to track activities and submit required reports to the Supreme Court and be in compliance with regulations for Mayor’s Courts.
Beth Blakeslee, 752 Dawn Road, asked for clarification on the Mayor’s Court Fund increase. Fiscal Officer Pinkert explained that the original appropriation was $5,000.00, $2,500.00 of that has been expended for hardware and that the increase is for $3,500.00, making the total annual appropriation for the $8,500.00. The new software will cost just over $5,000.00.
Ken Takacs, 164 Huntington Woods, asked if there has been any consideration to bringing income tax collections in house. Mayor Evangelista said yes but that the upfront cost at this time is too high. Mr. Takacs said that the $45,000.00 cost for income tax collections, isn’t money well spent. Mr. Takacs also said that he is disappointed with the elimination of the 60% designation for infrastructure. He added that he has a confidence issue with Council and that he is not prepared to vote yes on any tax increase until there is some type of moral contract with the residents.
COUNCIL REPORTS
Mr. Britton, no report.
Mr. Hamercheck reported that there is a Recreation Board meeting on August 24, 2006, at 8:00 p.m. at the Township hall. Mr. Hamercheck also said that as the Village develops, the schools should be considered. There should be responsible growth in the Village. Mr. Hamercheck added that in the past, he has requested and will continue to request the formulation of a Master Plan.
Mr. Hamercheck also said that the recent flood opened his eyes and that is the reason he was so quick to eliminate the 60 % limitation from Ordinance No. 51-2006. The Village is considering restoring services that aren’t on Version 9. He added that Council is trying to be accountable and urged everyone to see where Council is leading and hold them accountable.
Mr. Vest said that the Planning Commission approved a conditional use permit for raising goats. Mr. Vest also congratulated Doug Covert on winning the Dream House.
Mr. Loparo said that every citizen does have the right to comment even if he doesn’t agree with them but that he is disappointed in citizens commenting about each other. Mr. Loparo also said that the level of hypocrisy that comes to the microphone every meeting is mind boggling. Mr. Loparo said that the responsibility to run the Police Department is the Chief’s and Mayor’s, with oversight from Council and if the residents don’t like it, they can vote Council members out. He also said that to criticize the response time of the Chief during the flood in petty. Mr. Loparo said that he will continue to try to watch the finances, spend money wisely and make decisions that keep the community safe and a good place to raise a family.
Mr. Buck, no report.
Mr. Lee requested a review and update of the Village’s disaster plan. Mayor Evangelista said that the current community disaster plan is 12 to 15 years old; it is time to review and update it. Mr. Lee added that he will look upon the Resolution No. 22-2006 (designating Version 9 summary worksheet as a guideline) as a moral contract.
ENGINEER’S REPORT
No report.
SAFETY REPORT
Chief Forsythe said that the case for the meth lab hasn’t been dropped. One person that was involved in the case is serving a lengthy prison term for his involvement. He also said that materials found at this residence are commonly known to be used in the manufacturing of methamphetamine and that a Pittsburgh based company was called out to remove the hazardous material from the residence. Chief Forsythe said that once the case is finalized he will be happy to make further comments.
FISCAL OFFICER REPORT
Fiscal Officer Pinkert reported the following: 1. The Village now offers auto pay for water, sewer & garbage bills. 2. Information was distributed in the Council packet about the OML conference & tracking renters for income tax collections. Fiscal Officer Pinkert added that she will be out of the office on Tuesday & Wednesday.
ADMINISTRATOR’S REPORT
Administrator Zapp clarified that the Budget Committee meeting will be at 4:30 p.m. on September 11, 2006.
Administrator Zapp reported the following:
Administrator Zapp added that he will be out of the office From Wednesday through Friday. Administrator Zapp informed everyone that Alma Paine from West Main Street sent a thank you note and $100.00 contribution for assisting her by removing her bridge that went down the creek. He thanked Mrs. Paine and commended the people that did that work. Administrator Zapp submitted the check to the Village to go toward flood effort. Motion by Mr. Britton, seconded by Mr. Vest, to accept the $100.00 to go toward the flood relief. Roll call on the motion, 6 yeas. Motion carried.
MAYOR’S REPORT
Mayor Evangelista reported the following: 1. There is a Farmer’s Market on Saturday between 9:00 a.m. - 1:00 p.m. 2. The Senior Board met on August 15th. The Red Cross will fund the cleaning of the Senior Citizen’s Center due to it being used as a shelter for flood victims. 3. Congratulations to Doug Covert on winning the YMCA Dream House.
Mayor Evangelista announced the following September employee anniversaries: Doug Covert Patrolman 3 years Ryan Kirschner PT Patrolman 1 year Paul Shook PT Patrolman 1 year Ruthie Turkenburg Crossing Guard 21 years
Mayor Evangelista reported the following dates:
Cruisin in the Park August 22, 2006 Mayor’s Court August 24, 2006 Recreation Board August 24, 2006 Concerts in the Park August 24, 2006 Market in the Park August 26, 2006 Planning Commission August 28, 2006
Neighborhood watch August 30, 2006 Merchant’s Association August 31, 2006 Madison Village Council September 5, 2006
Mr. Britton asked when Council will vote on to Zoning change request. Solicitor Murray said that there will be legislation at the next meeting. Mr. Britton also said some residents lost toters during the flood. Administrator Zapp said that they can call the office in order to get them replaced.
Motion by Mr. Lee, seconded by Mr. Hamercheck, for executive session for personnel at 9:03 p.m. Roll call, 6 yeas. Motion carried. Mayor Evangelista informed everyone that there will be a fifteen minute recess and that there will be no business afterward.
Mayor Evangelista called the meeting to order at 10:18 p.m. Council Members Mr. Britton, Mr. Buck, Mr. Hamercheck, Mr. Lee, Mr. Loparo and Mr. Vest were present. Also in attendance, Mayor Evangelista, Solicitor Murray and Chief Forsythe.
Motion by Mr. Loparo, seconded by Mr. Britton, to adjourn at 10:20 p.m. Roll call, 6 yeas. Motion carried.
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