RECORD OF PROCEEDINGS

Minutes of Madison Village Meeting held December 1, 2003

 

 

PUBLIC HEARING                 December 1, 2003

 

Mayor Evangelista called the Public Hearing to order at 7:02 pm.  Council members Mr. Buck, Mr. Loparo, Mr. Smith and Mr. Toward were present.  Mr. Britton and Mr. Burgard were absent.  Also in attendance were Administrator Sample, Clerk-Treasurer Reed, Engineer Foley, and Chief Matty.

 

The purpose of the Public Hearing is the amendment of ordinance No. 33-1996, as amended and the district map and district map designations which form a part of the zoning code of the Village of Madison by changing the land use of and rezoning parcel # 2A-8-29 of real property located on Edwards street in Madison Village, from “M-

1” limited industry district to “R-3” multi-family district.  It is approximately one acre of land that is not a build-able lot.  Administrator Sample noted that this came with unanimous approval of the Planning Commission.  Mr. Buck clarified that the Village mandated an access road through it.  Mr. Buck wanted to know if it were to be re-zoned, and put back out for bids, could it be usable for another party?  Administrator Sample replied that the only party that could use it would be Spray Cure Corp. or Kirk Bettley.  There could be no dedicated road frontage. 

 

Mayor Evangelista read a letter from Mark Vest concerning the rezoning of the public land on Edwards Street.  Mr. Vest believes if it is rezoned, it should be zoned to S-1 Parks and left as green space or made into a park.  He believes that there is a lack of space for children to play in.  He also believes it would less costly at .34 cents per $100 generated to maintain green space compared to $1.54 per $100 generated for developed land.  He also has a question, should Council decide to rezone and sell this public property, what are the proceeds going to be used for?

 

Administrator Sample stated that he had one phone call from Mr. Tim Regan saying he was in favor of having the property rezoned and put up for sale.

 

Mr. Smith clarified that the Planning Commission, including Mr. Vest, approved this unanimously. 

 

With no further comments or questions, Mr. Smith motioned to adjourn the Public Hearing.  Mr. Buck seconded.  All present were in favor. 

 

 

REGULAR MEETING            December 1, 2003

 

Mayor Evangelista called the meeting to order at 7:10 pm and invited all in attendance to join in the Pledge of Allegiance. 

 

Council Members Mr. Buck, Mr. Loparo, Mr. Smith and Mr. Toward were present.  Mr. Britton and Mr. Burgard were absent.  Also in attendance were Administrator Sample, Clerk-Treasurer Reed, Engineer Foley, and Chief Matty. 

 

Mr. Loparo motioned to approve the minutes of the November 17, 2003 meeting.  Mr. Buck seconded.  All present were in favor. 

 

Clerk-Treasurer Reed presented Pay Ordinance #2056 totaling $72,417.65.  Mr. Toward questioned the Crandall Ford expenditure of $1,280.53.  Administrator Sample stated that it was the water/sewer department pickup truck that needed a fuel pump and ruined the injectors.  Mr. Toward motioned for passage of Pay Ordinance  #2056.  Mr. Smith seconded.  All present were in favor. 

 

 

VISITORS

 

Mr. Jack Lading of 603 W. Main Street stated that if you want to see a nice display of Christmas lights, go to the Parkway development.  He also has a concern of the common occurrences of Executive Sessions not being on the agenda.  Mayor Evangelista stated that Executive Session is not an agenda item.  Mr. Lading asked Solicitor Murray if Executive Sessions were for Personnel or Legal reasons, what other topics could be discussed at Executive Sessions.  Solicitor Murray stated that under the Ohio Sunshine Law there is a list of exceptions of when a public body can go into Executive Session.  Mr. Lading wondered if minutes were kept for these meetings. Solicitor Murray responded that no, minutes are not kept.  Mr. Ladings’ concern is that when the public takes an interest and attends these meetings, they are asked to leave when Council adjourns to Executive Session.  He doesn’t understand why Council can’t meet in the back room and allow the public to stay around to talk amongst themselves.  Solicitor Murray stated that because of the cramped space in the back office, they couldn’t meet in there.  Administrator Sample also pointed out that Executive Sessions are always held at the end of the regular Council meetings and it is stated that no other business will be conducted after Executive Session.  Administrator Sample stated that a solution would be that Council could allow a brief amount of time between the meeting and the Executive Session for people to visit. 

 

Mr. Don Haywood of Madison Village wants to thank those involved in the tree-planting program and he hopes it continues.  He is concerned that many trees in the village are old and rotten and need replaced.  He feels responsibility should be taken for these trees that are in dangerous positions.  He also has a concern of the pedestrian crossing painting of the roads.  He feels they need painting and kept up. 

 

Administrator Sample responded to Mr. Haywood’s concerns of the trees stating that the Village only owns the trees that are on Village owned property, such as in the parks.  Aside from those trees on Village property, trees are the responsibility of the homeowner. However the Village has always taken upon itself for the safety of the public and for service to the public to care for the trees that are in the public right of way.  

 

As for the crosswalks, according to the State of Ohio and the guidelines of uniform code of traffic devices, they do not fall within the guidelines.   However, they are looking into a raised, illuminated crosswalk similar to the kind they have in Willoughby, for in the center of the Village.

 

Brief discussion was held regarding the trees and educating people of their responsibility of caring for them. 

 

Mr. Chuck Paine of 104 West Main wanted to thank everyone for supporting the fundraiser for Don, Jason and Kathy Adams.  It was a success, serving over 300 people and bringing in $5,693.00. 

 

Ms. Ruth Kuhn wanted to remind Administrator Sample of 12 years ago the Architectural Review Board.  She feels it is important to protect the Village with an Architectural Review Board.  She hopes Council will have the fortitude to follow through with this issue. 

 

 

OLD BUSINESS

 

ORDINANCE #36-2003 was read by Administrator Sample. AN ORDINANCE ESTABLISHING THE HISTORIC PRESERVATION DISTRICT AND LISTED PROPERTIES FOR THE VILLAGE OF MADISON, OHIO, AND PROVIDING FOR THE ADMINISTRATION ENFORCEMENT AND AMENDMENT THEREOF, ALL FOR THE PURPOSE OF PROMOTING THE PUBLIC WEALTH, SAFETY, MORAL, COMFORT AND GENERAL WELFARE OF THE RESIDENTS OF THE VILLAGE.  Presently tabled. 

 

ORDINANCE #50-2003 was read by Administrator Sample for the third time.  AN ORDINANCE AMENDING ORDINANCES #80-1991 AND 8-1992 TO REDEFINE THE JOB DUTIES OF THE ADMINISTRATIVE ASSISTANT AND MAYOR’S COURT CLERK AND DECLARING AN EMERGENCY.   Mr. Toward motioned for passage of Ordinance #50-2003.  Mr. Smith seconded.  All present were in favor. 

 

ORDINANCE #51-2003 was read by Administrator Sample for the third time.  AN ORDINANCE AMENDING ORDINANCE #29-1985 SECTION 5(d) SO AS TO MODIFY THE HOURS FOR COMMERCIAL COLLECTION OF GARBAGE OR REFUSE WITHIN THE VILLAGE OF MADISON.  Mr. Toward motioned for passage of Ordinance #51-2003.  Mr. Buck seconded.  All present were in favor. 

 

 

NEW BUSINESS

 

ORDINANCE #53-2003 was read by Administrator Sample for the first time.  AN ORDINANCE AMENDING ORDINANCE #48-1991 SO AS TO ADD NEW SECTION 377.01, 377.02 AND 377.03 TO THE GENERAL TRAFFIC CODE REGULATING THE REGISTRATION AND CONDUCT OF SNOW PLOW OPERATORS.

 

ORDINANCE #54-2003 was read by Administrator Sample for the first time.  AN ORDINANCE PROVIDING FOR ADDITIONAL 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, 2003, TO AND INCLUDING DECEMBER 31,2003, AND DECLARING AN EMERGENCY.  Administrator Sample briefly reviewed the appropriations and adjustments.

 

ORDINANCE #55-2003 was read by Administrator Sample for the first time.  AN ORDINANCE AMENDING ORDINANCE #33-1996, AS AMENDED, AND THE DISTRICT MAP AND DISTRICT MAP DESIGNATIONS WHICH FORM A PART OF THE ZONING CODE OF THE VILLAGE OF MADISON BY CHANGING THE LAND USE OF AND REZONING PARCEL #2A-8-29 OF REAL PROPERTY LOCATED ON EDWARDS STREET IN MADISON VILLAGE, FROM “M-1” LIMITED INDUSTRY DISTRICT TO “R-3” MULTI-FAMILY DISTRICT.

 

INCOME TAX ADMINISTRATOR   Mayor Evangelista stated that currently Clerk-Treasurer Reed is responsible for the Income Tax Administrator duties, but the responsibility will be moved to Administrator Sample.  Currently 74 claims have been made for back taxes.  With the immediate resignation of Mr. Reed as Income Tax Administrator, a motion is made to appoint John Sample as Income Tax Administrator for the balance of 2003 as well as for the coming year, 2004, by Mr. Smith.  Mr. Toward seconded.  All present were in favor. 

 

 

COUNCIL REPORTS

 

Mr. Toward reported the crosswalk issue is being looked into with an illuminated walkway that is lighted with the push of a button, although it is quite costly. 

 

In walking with Mr. Buck, they noted that in the 2/10ths of a mile between the entrance of Homer Nash and route 528, and there are 27 signs in that short space.  He feels that most of these could be eliminated and it would improve the looks of the village with less signs.  

 

Mr. Toward wondered how the water tower repair was going.  Administrator Sample stated that the equipment should be available this week. 

 

Mr. Smith announced there would be a fireboard meeting Wednesday December 3, 2003 at 7:30 pm. 

 

Mr. Buck reported that he noticed on South Dayton Road a pond structure that was relatively close to the road. 

ENGINEER’S REPORT

 

Engineer Foley reported that work would resume on the work on the Parkway subdivision.  The YMCA is still working on expanding the parking.

 

 

SAFETY DEPARTMENT REPORT

 

Chief Matty reported that the auxiliaries participated in a touch and go bench press at the YMCA in November. Seven hundred seventy seven dollars was raised to sponsor Sgt. Verdi to participate in the lift.  Three hundred ninety dollars was given to the YMCA for underprivileged youth, one hundred ninety three was given to the Madison Senior Center for the Prescription program, and one hundred forty four dollars was donated to the Madison Village Auxiliary Equipment fund.

 

The auxiliary officers will also distribute 50 gifts to underprivileged Madison Village children for Christmas in conjunction with Lakeland Community College.

 

 

ADMINISTRATOR’S REPORT

 

Administrator Sample reported that the leaf pick up is completed for this year.  He received a quote today from an accounting firm for the reconciliation of the years 2002 and 2003 but will get another quote hopefully for the next meeting. 

 

 

MAYOR’S REPORT

 

Mayor Evangelista reported that he has a copy of a booklet called “Mayoral Institute for Weapons of Mass Destruction and Terrorism Incident Preparedness” in his office for any Council member wishing to review it. 

 

He asked Council to review the Senior Center’s budget for 2004.  The Senior Board did accept it at their last meeting.

 

A new law is coming into effect in January regarding Mayor’s Court reporting to the State of Ohio on a quarterly basis. 

 

The Portage Area Development Corp. sent a letter to Council withdrawing the request for the rezoning of the proposed Madison Elderly Project behind Madison Woods. 

 

Mayor Evangelista reported that because of the new Bed Tax, Madison Village received its first check for $33.45.

 

The Board of Zoning Appeals will have an opening as of January 1, 2004.  Mayor Evangelista will be accepting resumes.

 

At this time, Mayor Evangelista turned the meeting over to Clerk-Treasurer Reed.  Clerk-Treasurer Reed announced publicly his resignation as Clerk-Treasurer of Madison Village.  With the need to move forward as Clerk-Treasurer of the finances in the community, it is necessary to retain a full time individual to maintain the progress.  His resignation is effective December 31, 2003 or sooner if needed.  Clerk-Treasurer Reed has certainly enjoyed working with Council for the last two years and he gives his thanks.  Mr. Buck motioned to accept his resignation.  Mr. Toward seconded.  All present were in favor.  Mayor Evangelista stated that this position has become so overwhelming that it is time to make it a full time position. 

 

Solicitor Murray stated that some employees might lose their vacation time this year because time has run out.  He suggested that a motion be made to allow supervisors to approve that the employees be paid in lieu of vacation time for 2003.  This would be a one-time thing.  Mr. Toward motioned to approve this vacation pay.  Mr. Buck seconded.  All present were in favor.   

 

Chief Matty reminded everyone of the December 6, 2003 Old Fashioned Days Christmas in the Park. 

 

At 8:45 pm Mr. Smith motioned to adjourn to Executive Session for the purpose of Legal with no further business to be conducted.  Mr. Buck seconded.  All present were in favor.  

 

 

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