RECORD OF PROCEEDINGS

Minutes of MADISON VILLAGE Meeting Held December 18, 2000

 

 

PUBLIC HEARING         December 18, 2000

 

The Public Hearing was called to order at 6:45PM by Mayor Reed.  Council members Mr. Britton, Mr. Burgard, Mr. Evangelista, Mrs. Kopczak, Mr. Loparo and Mr. Smith were present.  Also in attendance were Clerk-Treasurer Butler, Solicitor Collins, Engineer Foley, Chief Matty and Administrator Sample.

 

The Public Hearing was associated with an appeal by Mr. John Roberts from a decision by the Board of Zoning Appeals not to grant the 35 foot highway variance.  Administrator Sample reviewed the minutes and the decision made at the November lst meeting of the Board of Zoning Appeals.  He noted that while reviewing the zoning text for Mr. Roberts’s request for a zoning permit to construct a home on Sublot l in Huntington Woods, he found that lot fronts on a state highway require a 75-foot setback.  After holding a Public Hearing and receiving public comments, the Board of Zoning Appeals voted to deny the variance request.  The appeal was brought to Council.

 

Mr. Jim Pegoraro, Representative from Land Design Consultants, spoke on behalf of John Roberts requesting the variance of 35 feet.  A drawing was submitted and discussion followed.

 

Mr. Rich Janco, 178 East Main Street, voiced his opposition to the variance.  More discussion followed. 

 

Solicitor Collins summarized the standards for granting a variance as delineated in the Madison Zoning Code found in Section 16.2 and Section 16.2.2.

 

Charles Dewalt, 427 Hyder Drive, commented on his opposition of granting the variance and encouraged Council to uphold the decision of the Board of Zoning Appeals.

 

Gerald Gardner, 414 Hyder Drive, noted his concerns regarding the issue and asked if there were other nonconforming lots in Huntington Woods.    Engineer Foley noted that the lot in question is a conforming lot but stated  there was some uniqueness to it and that it had been addressed by the Planning Commission.  Engineer Foley also stated that he was not aware of any nonconforming lots in Huntington Woods.  Discussion continued.

 

Mrs. Kopczak motioned to adjourn at 7:35PM.  Mr. Britton seconded.  All present were in favor.

 

REGULAR MEETING                December 18, 2000

 

Mayor Reed called the meeting to order at 7:35PM and invited all in attendance to join in the Pledge of Allegiance.

 

Council members Mr. Britton, Mr. Burgard, Mr. Evangelista, Mrs. Kopczak, Mr. Loparo and Mr. Smith were present.  Also in attendance were Clerk-Treasurer Butler, Solicitor Collins, Engineer Foley, Administrator Sample and Chief Matty.

 

Mr. Burgard motioned to approve the minutes of the December 4th Regular Meeting.  Mr. Evangelista seconded.  All present were in favor.

 

Clerk-Treasurer Butler presented Pay Order No. 1992 totaling $86,732.23.  Mr. Loparo motioned for approval.  Mr. Evangelista seconded.  All present were in favor.  

 

VISITORS

 

Charles Dewalt, 427 Hyder Drive, thanked Administrator Sample and his crew for the fine job done on Hyder Drive in filling the cracks.  He commended Administrator Sample for his continuing efforts in the Village and expressed his appreciation.

 

Gerald Gardner, 414 Hyder Drive, thanked the Village for replacing his mailbox that was downed by a snowplow.  Mr. Gardner was not aware that the Village would replace the box should the plow hit it.

 

OLD BUSINESS 

 

ORDINANCE NO. 64-2000 was read by Mr. Collins for the second time.  AN ORDINANCE RESCINDING THE GRANT OF 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 AND REPEALING ORDINANCE NO. 17-2000.   Mr. Britton motioned to suspend the three reading rule.  Mr. Burgard seconded.  All present were in favor.  Mr. Evangelista motioned for passage.  Mr. Burgard seconded.  All present were in favor. 

 

NEW BUSINESS

 

John Roberts Appeal

 

Mayor Reed asked Solicitor Collins to explain to Council the procedure of action in responding to Mr. Roberts’ appeal.   Solicitor Collins stated that it be done by motion and would require a majority vote.  The action can be styled as a motion to grant the appeal and variance or it can be a motion to deny the appeal and variance.   Mr. Britton motioned to grant Mr. John Roberts’ appeal and variance for Sublot 1 in Huntington Woods.  Mr. Loparo seconded.  All present were in favor except Mrs. Kopczak and Mr. Smith.  The appeal and variance were granted by a 4/2 vote.

 

 

 

ORDINANCE NO. 67-2000 was read by Solicitor Collins for the first time.  AN ORDINANCE PROVIDING FOR 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, 2000, TO AND INCLUDING DECEMBER 31, 2000, AND DECLARING AN EMERGENCY.   Mr. Smith motioned to suspend the three reading rule.  Mr. Burgard seconded.  All present were in favor.  Mr. Smith motioned for passage.  Mr. Evangelista seconded.  All present were in favor.

 

ORDINANCE NO. 68-2000 was read by Solicitor Collins for the first time.  AN ORDINANCE PROVIDING FOR TEMPORARY APPROPRIATIONS FOR THE CURRENT EXPENSES AND FOR OTHER EXPENDITURES OF THE VILLAGE OF MADISON, OHIO, FOR THE PERIOD BEGINNING ON JANUARY 1, 2001, TO AND INCLUDING MARCH 31, 2001, AND DECLARING AN EMERGENCY.   Mr. Evangelista motioned to suspend the three reading rule.  Mr.

Britton seconded.  All present were in favor.  Mr. Britton motioned for passage.  Mr. Smith seconded.  All present were in favor.

 

ORDINANCE NO. 69-2000 was read by Solicitor Collins for the first time.  AN ORDINANCE ACCEPTING THE BID OF AND AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR AND CLERK-TREASURER TO ENTER INTO A CONTRACT WITH VALLEN CONTRACTORS, INC. FOR THE RIVER STREET AND EAST MAIN STREET WATERMAIN REPLACEMENT PROJECT.   The bid amount was $653,550.  Administrator Sample stated that he would like to proceed with this project and hopefully get underway in 35 to 45 days starting on River Street and proceeding to East Main Street.  He also mentioned that this is an Issue II Project, with funding of approximately 50%.  Mr. Smith motioned to suspend the three reading rule.  Mr. Britton seconded.  All present were in favor.  Mr. Britton motioned for passage.  Mr. Smith seconded.  All present were in favor.

 

Aggregation of Electricity Update by Solicitor Collins

 

The NOPEC group had put certain time limits on all  potential member communities, some of which were unattainable.  Opt-out letters will not be sent out until after the bid amount is received and analyzed, which will be sometime in the middle of January.  If Council decides to participate in NOPEC, an Ordinance must be passed in order to join NOPEC; secondly, an Ordinance would need to be adopted approving a plan of governance after two public hearings and also after two one-week notices in the newspaper.  This would all need to be completed by mid January at the latest.  If Council decides not to take action, the residents can choose their own provider, or the Village can become their own aggregator, which the public has authorized through the election.  If the Village decides to become their own aggregator, documents would need to be filed with the PUCO and the same two Public Hearings on a plan of governance would need to be held.  Once that was accomplished, a request for proposal with specifications would need to be developed, advertised and negotiated with respective electric providers and negotiate our own contract as a Village.  After lengthy discussion, Council considered aggregating on the Village’s own behalf.  Final decision should be made at the next Council meeting.

 

COUNCIL REPORTS

 

Mr. Burgard reported on the Planning Commission meeting of December 11th. He noted that discussion was held on Political Signs and minimum square footage for “R-1” and “R-2” homes.  Also discussed at the meeting was the update with regard to the State Route 528 Traffic Study.  Mr. Burgard stated that he appreciated the Board of Zoning Appeals and the work that they do.

 

Mr. Loparo mentioned the nice presentation of the community in the Chamber of Commerce brochure.  He also noted that the revenue receipts were approximately $25,000 more than anticipated.  Mr. Loparo stated that he had abstained from voting on the Village Christmas Decorations Award, but noted that The Painted Shutter did the decorations in front of N.H. Robinson’s Emporium.  Mr. Loparo also congratulated Rae Jean Burgard for being certified as the Senior Center Director and commended her diligent work at the Center.

 

Mrs. Kopczak suggested that Council consider a reduction in the income tax next year.   She noted the abundance of resources in the income tax revenue and suggested that a reduction of our tax by 1/10th  would be appreciated by the residents.  Mrs. Kopczak also wished everyone in attendance and all Village residents Happy Holidays!

 

Mr. Britton also wished Happy Holidays to everyone!  He commended the Road Department for their snow removal efforts during the heaviest of snowfalls.  Mr. Britton also noted that the new lamppost heads were in place and that the appearance of the Village was exceptional.   Mr. Britton excused himself from the meeting at 8:10PM.

 

Mr. Evangelista reminded Council to vote for the Christmas Decorations Award.  Ballots have been placed in each Council member’s mail bin.  Madison Recreation District Board has put out a notice to Council for Tom Bilek’s reappointment next year.  Mr. Evangelista motioned to hold the January Reorganization meeting at 6:30PM on January 8, 2001.  Mr. Burgard seconded.  All present were in favor.

 

Mr. Smith wished Happy Holidays to all and he too, commended the Road Department for the excellent job with snow removal in the Village. 

 

ENGINEER’S REPORT

 

The developer of Village Glen Phase l is currently installing a sanitary sewer and the Storm Sewer Relief Project on Dayton Road is in the ground and nearly complete.  Engineer Foley wished all in attendance a Merry Christmas! 

 

SAFETY REPORT

 

Chief Matty announced that the Safe Driver Award for November was given to Julie Rowe of Geneva and the Safe Driver Award for December was given to Michael Taylor of Madison. 

 

Delivery of the new Explorer is expected next week.

 

 

 

Chief Matty discussed the Radio Contract with Central Communications, which is due to be renewed.  A spreadsheet of total costs for the replacement radios was distributed to Council members.  Removal and installation of the new radios is not included in the total price and would cost approximately $1,800 per car.  Chief Matty stated that Council’s approval would be necessary to contract with the Lake County Board of Commissioners for the 800 System, which would be our backbone contract, a 10-year agreement and a commitment for the purchase of the radios.  Solicitor Collins explained that this agreement provides for the same agreement as 10 years ago, except that the User Board has been reconfigured to make it more of an Advisory Board than a Governing Board.  It also made certain assurances to the Police and Fire Departments regarding priorities and the nonreduction of the number of channels.  The amount to be paid in 2001 by the Village is $2,405 and increases by 5% each year.  In the year 2010 the annual figure would be $3,730.94, which is consistent with what has happened over the past ten years.  Discussion followed. 

 

ORDINANCE NO. 70-2000 was read by Solicitor Collins for the first time.  AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR AND CLERK-TREASURER TO EXECUTE AN AGREEMENT WITH THE LAKE COUNTY BOARD OF COMMISSIONERS FOR USE OF AN 800 MEGAHERTZ RADIO SYSTEM.   Mrs. Kopczak motioned to suspend the three reading rule.  Mr. Evangelista seconded.  All present were in favor.  Mr. Evangelista motioned for passage.  Mrs. Kopczak seconded.  All present were in favor.

 

ORDINANCE NO. 71-2000 was ready by Solicitor Collins for the first time.  AN ORDINANCE AUTHORIZING THE PURCHASE OF POLICE RADIOS THROUGH LAKE COUNTY IN ACCORDANCE WITH EXHIBIT A, ATTACHED HERETO.  A net cost to the Village of $40,888.  Mr. Smith motioned to suspend the three reading rule.  Mr. Evangelista seconded.

All present were in favor.  Mr. Smith motioned for passage.  Mr. Burgard seconded.  All present were in favor.

 

ADMINISTRATOR’S REPORT

 

Beginning in January, the Village will be using a new and different billing system.  This new system will provide more information online than the old system.  The bills will be printed on an 8 ½ x 11-inch paper which will provide a portion to be returned with the payment. 

 

Administrator Sample thanked those who commented on the Road Department’s diligent work and stated that he would pass on

those comments to the crew.  He also wished everyone a Merry Christmas.

 

MAYOR’S REPORT

 

Mayor Reed noted that Hubbell Corp. donated another $500 gift to be used in the Village.  He then suggested that Council adjourn to an executive session.  Mr. Evangelista motioned to adjourn at 8:35PM.  Mr. Smith seconded.  All present were in favor.