COUNCIL MINUTES

VILLAGE OF MADISON

Regular Meeting

August 7, 2006

 

 

Record of Proceedings

 

Mayor Evangelista called the meeting to order at 7:03 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. Buck, Mr. Hamercheck, Mr. Lee, Mr. Loparo and Mr. Vest were present. Also in attendance, Mayor Evangelista, Administrator Zapp, Solicitor Murray, Police Chief Forsythe, Eric Haibach for Engineer Foley and Fiscal Officer Pinkert. 

 

Motion by Mr. Lee, seconded by Mr. Loparo, to approve the minutes of the regular meeting of July 31, 2006, as presented.  Roll call on the motion, 5 yeas. Motion carried.

Motion by Mr. Lee, seconded by Mr. Loparo, to approve the minutes of the regular meeting of July 17, 2006, with an amendment to add “specifically Officer Verdi” to Mr. Vest’s report regarding  Mr. DeRubertis’ thanks to the Police Department.   Roll call on the motion, 5 yeas. Motion carried.

 

Fiscal Officer Pinkert presented Pay Ordinance No. 2117 totaling $32,163.37 for current and upcoming expenses.  Motion by Mr. Vest, seconded by Mr. Loparo, to approve Pay Ordinance No. 2117.  Roll call on the motion, 5 yeas.  Motion carried.

 

 

FLOOD DAMAGE ASSESSMENT

 

Mayor Evangelista reported the following:

  1. The Village has information regarding FEMA available at village hall.
  2. FEMA has an assistance center at Lakeland College on Water Tower Drive.
  3. A damage assessment for the Village has been submitted to FEMA and Madison Village is a high damage area.

Mayor Evangelista read letters from the Red Cross and Ohio department of Natural Resources (Included as part of these minutes).  He added that ODNR will record damage and possibly redraw the flood plain maps. 

 

Administrator Zapp asked for direction from Council regarding a final flood debris pick-up.  He informed everyone that the initial pick-ups will be funded 75% by FEMA funds but now that we are in the recovery stage new pickups will be the Village’s responsibility.  Mr. Loparo said that in his opinion, the Village has no choice but to approve the pick-up and find a way to pay for it. Motion by Mr. Loparo, seconded by Mr. Vest, to authorize a flood debris pick-up on August 16, 2006. 

 

 

VISITORS

 

Jeff Lynn, 209 W. Main Street, asked the following questions:

 

 

 

  1. What will the Village do differently in the event of another catastrophe? Mayor Evangelista said that he thought there was a well orchestrated effort on the night of the flood and afterwards by all Village departments. 
  2. Why wasn’t the reverse 911 or siren warning system used to inform residents about the flooding?  Mayor Evangelista said that the Village staff was in place to notify and evacuate residents and that no one in the County used the reverse 911 system.
  3. If an officer noticed my vehicles tires were under water at 1:05 a.m., why wasn’t I notified until 2:30 a.m.?

Chief Forsythe said that Mr. Lynn’s tires were not under water at 1:05 and that the department was dealing with issues at Parkway Estates.

  1. What time was the Chief notified and when did he arrive.

Chief Forsythe said that he was called at 2:20 a.m. and arrived at 3:00 a.m.

  1. Is the damage to culvert under the building eligible for FEMA funding?

Administrator Zapp said no.

  1. Has the Village considered additional drainage for Parkway?

Administrator Zapp said not yet but that he will look into it.

Jeff Lynn requested the Village make an attempt to police property owners in order to keep the creek clean.  He added thanks to all who helped during the flooding and to those that didn’t take a flying leap.

 

Larry Dowler, 161 River Street, asked about the payment for legal fees and trips on Pay Ordinance No. 2117.  Solicitor Murray said that the bill he submits is itemized and that this one was for four months.  Mayor Evangelista explained that the Senior Center collects money for the trips that is receipted in and then a check is made out to the vendor for the trip.  He added that the funds for the payment to Laketran come from United Way allocations.

Larry Dowler also asked how come the income tax ordinance has 60% designated for infrastructure and the levy ordinance doesn’t.  Solicitor Murray explained that levies are for specific purposes and general operating levies are not intended for roads.

 

Mayor Evangelista requested the record show Mr. Britton arrived and took his seat at 7:35 p.m.

 

Ken Takacs, 164 Huntington Woods, asked how redesigning the flood plain will affect the residents.  Administrator Zapp said a soon as any information is available, the residents will be informed.  Mr. Takacs said City of Eastlake did use the reverse 911 warning system to warn residents pre-flood and that the Madison Fire District Chief said that he simply forgot about the option during the flood.  Mr. Takacs said that there is a lot of planning that goes into utilizing the reverse 911 warning system.  He also said that the siren warning is just the siren, it doesn’t give any information and most people think it is for the Perry Power Plant.  Mr. Loparo confirmed that it would be the Fire Department’s responsibility to request a reverse 911 warning.

 

Former Administrator John Sample, 5941 S Ridge W., said that Administrator Zapp did a good job during the flooding.  He also read a prepared statement and expressed the following concerns:

  1. Mr. Vest’s comments that he was threatened by Mr. Sample and requested he be removed from a previous meeting and said that Mr. Vest doesn’t have that right.  Mr. Sample also said that if Mr. Vest’s comments continue he will seek legal action.

 

 

 

 

  1. Mr. Vest’s request for proof that the Chief was at a funeral because he thought the Chief was at Laurelwood instead.  John Sample said that possibly Chief Forsythe could seek legal action due to HIPAA regulations.
  2. The public should be more concerned about Mr. Buck’s Legal problems than the Chief’s residency, vehicle and officers on I-90.
  3. Larry Larson’s concerns about the village finances when he was taken to court for tax evasion.  John Sample added that Larry Larson’s house had a meth lab in it and that police may have saved his life but that he was still uncooperative with the prosecutor.

John Sample said that the few people that attend the meetings and complain do not reflect the concerns of the other 3000 residents and urged Council not to forget the silent majority.

John Sample presented a check for $100.00 as a donation from his business, S & J Restaurant Supply to the Police Department.  Motion by Mr. Loparo, seconded Mr. Britton, to accept the $100.00 donation of S & J Restaurant Supply.  Roll call on the motion, 5 yeas and 1 abstain (Vest). Motion carried. 

 

Susan Quayle, 715 W Main Street, said that John Sample’s speech was out of order.  No one cares what he thinks and he doesn’t live in the Village.  Susan Quayle indicated that she thought John Sample drove around on Village time and visited his girlfriends while he was the Administrator.  She added that Mr. Vest had right to ask him to be removed from a meeting because when Mr. Buck was arrested, John Sample called Mr. Vest and said “your next”. 

 

Kathy Lynn, 209 W Main Street, inquired about Old Fashioned Days.  Mr. Britton answered that the crowd was low but overall it was okay.  Kathy Lynn also said that she is disgusted by what just happened and that Mr. Buck and Mr. Vest are Councilmen and that they should have support.  She added that John Sample doesn’t live in the Village and he shouldn’t have any say and that his comments were out of hand.  Mayor Evangelista explained that the visitor portion is open to anyone.

 

Amelia Janco, 178 E Main Street, asked about the proposed hotel and asked if they have paid anything toward the sewer tap.  Mr. Loparo said that Mr. DeRubertis expressed to him that he will build it when he is ready and if anyone wants it sooner, they can build it.  Administrator Zapp confirmed that they have paid $12,000.00 of the sewer tap fees. 

 

Stacey Creski, 13 W. Main Street, presented a check for $1,000.00 as a donation to the Police Department on behalf of Forest Technologies.  Motion by Mr. Loparo, seconded by Mr. Britton, to accept the donation of $1,000.00 from Forest Technologies.  Roll call on the motion, 6 yeas.  Motion carried. 

 

Jennifer Buchs, 217 Appaloosa Trail, said that there are people, that live in the Village, who agree with John Sample, the Police Department is beat up and no one appreciates them. 

 

Jim Soos, 464 W. Main Street, said that instead of two officers walking around during Old fashioned Days (OFD), they should have been directing traffic.  Chief Forsythe said that there was someone directing traffic most of the time.  Jim Soos also asked what happened regarding the child fingerprinting at OFD and expressed concerns about how he was treated by Chief Forsythe when he visited the police tent.  Mr. Britton explained that he was informed of a possible conflict with the Masons and the Police Department both doing fingerprinting during OFD and that he suggested a split.

 

 

OLD BUSINESS

 

ORDINANCE NO. 50-2006 was read by Solicitor Murray, second 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.

 

ORDINANCE NO. 51-2006 was read by Solicitor Murray, second 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.

 

 

NEW BUSINESS

 

ORDINANCE NO. 52-2006 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.

Motion by Mr. Loparo, seconded by Mr. Lee, to suspend the three reading rule for Ordinance No. 52-2006.  Roll call on the motion, 6 yeas.  Motion passed.  Motion by Mr. Loparo, seconded by Mr. Lee, to approve Ordinance No. 52-2006.  Roll call, 6 yeas.  Ordinance No. 52-2006 duly approved.

 

ORDINANCE NO. 53-2006 was read by Solicitor Murray, first reading.  AN ORDINANCE TO ESTABLISH A FEDERAL EMERGENCY MANAGEMENT AGENCY FUND FOR THE PURPOSE OF EMERGENCY RELIEF, AND DECLARING AN EMERGENCY

Motion by Mr. Loparo, seconded by Mr. Britton, to suspend the three reading rule for Ordinance No. 53-2006.  Roll call on the motion, 6 yeas.  Motion passed.  Motion by Mr. Loparo, seconded by Mr. Vest, to approve Ordinance No. 53-2006.  Roll call, 6 yeas.  Ordinance No. 53-2006 duly approved.

 

ORDINANCE NO. 54-2006 was read by Solicitor Murray, first reading.  AN ORDINANCE AUTHORIZING MADISON VILLAGE EMPLOYEES AND EMPLOYEES OF OTHER NECESSARY GOVERNMENT ENTITIES TO ENTER UPON PRIVATE PROPERTY FOR THE PURPOSE OF REMOVAL OF DEBRIS, AND DECLARING AN EMERGENCY.

Mayor Evangelista said that this was recommended by FEMA. 

Motion by Mr. Loparo, seconded by Mr. Lee, to amend ordinance No 54-2006 to limit it to the recent flood disaster and add clauses for reasonable notification and subcontractors.  Roll call on the motion, 6 yeas.  Motion carried.

 

 

Motion by Mr. Britton, seconded by Mr. Loparo, to suspend the three reading rule for Ordinance No. 54-2006.  Roll call on the motion, 6 yeas.  Motion passed.  Motion by Mr. Loparo, seconded by Mr. Lee, to approve Ordinance No. 54-2006 as amended.  Roll call, 6 yeas.  Ordinance No. 54-2006 duly approved.

 

RESOLUTION NO. 18-2006 was read by Solicitor Murray, first reading.  A RESOLUTION HONORING PETER ANTHONY MARJENIN OF BOY SCOUT TROOP 55 UPON EARNING AND RECEIVING THE DISTINGUISHED EAGLE SCOUT AWARD.

Motion by Mr. Vest, seconded by Mr. Britton, to approve Resolution No. 18-2006.  Roll call on the motion, 6 yeas.  Resolution no. 18-2006 duly adopted.

 

 

QUESTION & ANSWERS

 

None

 

 

COUNCIL REPORTS

 

Mr. Britton said that it was an eventful OFD and reported the following:

  1.  After setup was complet, the Lake County Building Department required the whole park be re-wired before the start of OFD.  He commended everyone that helped to get the job done.
  2. Per Mr. Vest’s suggestion, Keith Butcher’s flooded car was put in the park during OFD take donations for the flood victims, $550.00 was collected.
  3. OFD collected $3,000.00 over the price of the car that was raffled.
  4. Becky Springer of Perry won the car.
  5. The cleanup is almost done and thanks to everyone for their help including the police & fire departments.

Mr. Britton submitted a check for $500.00 toward the extra expense of police coverage during OFD.

 

Mr. Hamercheck said that the Lake County Siren system was designed to be an outdoor notification system and that when audio was added it caused problems.  He also said that although most of the residents in Parkway have some damage from the flood, it could have been worse.  Mr. Hamercheck said that although the Parkway Pump Station Abandonment project incurred some extra expenses, the decision to approve those extra expenses were in the best interest of the community.  He added that sometimes Council has to look at things and make decisions that are good for the whole community. Mr. Hamercheck said that for the good of the community, the Masons will consider working with the Police Department next year on the Child ID program.

 

Mr. Vest expressed concerns that someone may be relaying confidential information to John Sample.   Mr. Vest also said that he did request that John Sample be removed from a previous meeting because in his opinion, John Sample was a threat to him and his family.  He added that Solicitor Murray advised against it.  Mr. Vest said that by criticizing Mr. Buck and Larry Larson, John Sample is the same as those he criticizes. He added that John Sample has been gone over a year and advised him to get over it. 

 

 

Mr. Loparo thanked Mr. Takacs for the clarification regarding Reverse 911 and Siren warning systems.  He also thanked Mr. Hamercheck for his comment about what is best for the community as a whole.  Mr. Loparo announced that he wants to go on the record in support of Chief Forsythe saying that the law is being obeyed and although he is new in his position, he is a trained officer.  He added that he takes offense to comments about how to run a police department from people that are not trained. 

 

Mr. Buck urged victims of the flood to contact him if they need help or advise regarding clean-up.  He added that there are industry accepted ways to clean-up after flooding and said that he is certified.  

 

Mr. Lee said that as a result of last week’s meeting he has received a lot of requests for information regarding what happened between 1999 and 2005 and why were the cash balances allowed to get so low.  He also said that there were requests for line item detail and asked Fiscal Officer Pinkert if she could get that information.  She answered yes.

 

 

ENGINEER’S REPORT

 

No report.

 

 

SAFETY REPORT

 

Chief Forsythe gave an update on OFD saying there was a good turnout at the police tent.  They had FEMA and Identity theft information available.  Chief Forsythe also thanked Maureen Mitchell for her help with identity theft awareness.  Chief Forsythe addressed Mr. Soos concerns saying that the Police tent had ID kits to take home and when Mr. Soos asked about pictures he was told that the Masons were doing photos.  Chief Forsythe added that he offered to print Jim Soos kids personally and the offer still stands.  Chief Forsythe said he looks forward to working with the Masons next year on the program.  Chief Forsythe also thanked John Sample, Forest Technologies and the OFD committee for their donations. 

 

 

FISCAL OFFICER REPORT

 

Fiscal Officer Pinkert reported that the monthly financials and reconciles for July 2006 were included in the council packets.  Please review them.

 

 

ADMINISTRATOR’S REPORT

 

Administrator Zapp reported the following:

  1. There is a BZA public hearing at 6:00 pm on August 8, 2006.
  2. Planning Commission will consider request to raise goats at 150 Safford Street on August 14, 2006.
  3. Thanks to Steve Woodworth, his team and the Village employees for a job well done for flood debris clean-up.

 

 

  1. There is a final flood debris pick-up on August 16, 2006.  It will be in the newspaper and on the Village web-site.
  2. Thanks to Mary from FEMA, she is an exceptional representative.  For FEMA information, visit fema.gov or call village hall with questions.

 

 

MAYOR’S REPORT

 

Mayor Evangelista requested another resolution for eagle scout William Sutton.

 

RESOLUTION NO. 19-2006 was read by Solicitor Murray, first reading. A RESOLUTION HONORING ADAM WILLIAM SUTTON OF BOY SCOUT TROOP  5 UPON EARNING AND RECEIVING THE DISTINGUISHED EAGLE SCOUT AWARD.

Motion by Mr. Vest, seconded by Mr. Britton, to approve Resolution No. 19-2006.  Roll call on the motion, 6 yeas.  Resolution no. 19-2006 duly adopted.

 

Mayor Evangelista reported that the Support our Seniors Coalition will be changing the .3 renewal levy to a .4 replacement levy.

Mayor Evangelista reported the following dates:

Board of Zoning Appeals                      August 8, 2006             6:00 p.m.

Budget Committee                                August 14, 2006           4:30 p.m.

Planning Commission                August 14, 2006           7:00 p.m.

Madison Village Council                       August 21, 2006           7:00 p.m.

 

Mr. Loparo informed everyone that there is a Fire Board meeting on August 16, 2006, at 7:30 pm at Madison Township hall.

 

Motion by Mr. Lee, seconded by Mr. Hamercheck, for executive session for personnel at 8:55 p.m.  Roll call, 6 yeas.  Motion carried.  Mayor Evangelista informed everyone that there is a possibility of business after executive session.

 

Mayor Evangelista called the meeting to order at 10:02 p.m.  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 and Fiscal Officer Pinkert. 

 

Motion by Mr. Loparo, seconded by Mr. Britton, to adjourn at 10:04 p.m. Roll call, 6 yeas.  Motion carried.

 

                                    

  

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