COUNCIL MINUTES

VILLAGE OF MADISON

Regular Meeting

February 6, 2006

 

Record of Proceedings

 

Mayor Evangelista called the meeting to order at 7:00 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. Hamercheck, Mr. Lee, Mr. Loparo and Mr. Vest were present. Also in attendance; Mayor Evangelista, Administrator Zapp, Solicitor Murray, and Fiscal Officer Pinkert.

 

Mr. Hamercheck requested the minutes for the meeting of January 16, 2006, be amended to include more detail from Solicitor Murray’s answer to Kim Mock’s question about paying for John Sample’s truck.  Motion by Mr. Loparo, seconded by Mr. Lee, to approve the minutes of the regular meeting of January 16, 2006, as amended.  Roll call on the motion, 5 yeas.  Motion passed.

 

Fiscal Officer Pinkert presented Pay Ordinance #2105 totaling $41,312.76 for payroll and $81,534.66 for current and upcoming expenses. 

Motion by Mr. Vest, seconded by Mr. Loparo, to approve Pay Ordinance No. 2105.  Roll call on the motion, 5 yeas.  Motion passed.

 

Mayor Evangelista gave an update on the state of the Village which included the following:

  1. The Village had changes in the Police Chief, Administrator, Secretary and two Councilmen in 2005.
  2. The Village didn’t complete any capital improvements in 2005 and barely ended the year in black.
  3. The capital improvements schedule can’t be completed with current revenues.
  4. Financially 2006 will be another year to operate with caution.
  5. The Village income tax rate will be reviewed before the end of the year, the current percentage of income tax is not sufficient to address current needs.
  6. The Village must continue to maintain services and keep infrastructure at a safe level while being efficient with available monies.
  7. The capital improvements list must be addressed and the reality is that the Village needs increased revenue.

 

Mayor Evangelista read a letter from Grace Reese, included as part of these minutes.

 

Mayor Evangelista informed everyone about a test procedure for addressing everyone’s questions that includes a form that can be filled out and turned in.  He added that the proper person will respond to the question in writing and a copy of the question and the answer will be posted at village hall.  Mayor Evangelista said that comments are still welcome and requested they not be personal attacks.

Mr. Hamercheck asked how residents will ask questions about pending emergency legislation before it is passed with this new procedure.  Mayor Evangelista said that legislation can be addressed during the question and answer session at the end of the meeting.  Mr. Hamercheck clarified that this procedure is for detailed questions and answers and that routine questions and answers can be addressed. 

 

 

VISITORS

 

Janine Hathaway, 215 W. Parkway, asked why the Auxiliary Police are being disbanded behind their backs.  Mayor Evangelista said that it isn’t behind their backs and that the time involved to keep the auxiliary unit going is more than the department can bear right now.  He added that although there are some members putting in time, the group itself has kind of lost its purpose.  Janine Hathaway said that as an auxiliary officer, she hasn’t been contacted.  She also asked where the auxiliary money has gone and said that Mr. Hamercheck is aware of where it went.  Mayor Evangelista said the he doesn’t have any detail regarding the auxiliary money and that he will get back to her on the issue. 

 

Richard Janco, 178 E. Main Street, expressed concerns regarding the new procedure for questions and asked for clarification.  Mayor Evangelista said that it will allow questions be addressed with accurate answers.  Solicitor Murray explained that the Mayor is trying to give more informed answers to questions.  Mr. Janco also expressed concerns about an officer having 21.5 hours of overtime. 

 

Don Heywood, Saxton Street, said that he appreciates having the sidewalks cleared and requested that they also be salted.

 

Larry Larson, 239 W. Main Street, informed everyone about a website about Madison and said that there were comments about him and the drug bust in the Village.  He also read from an article in the Star Beacon regarding the drug bust and asked questions and expressed concerns about the police procedure and statements in the article by Chief Forsythe.  Larry Larson also said that the police leaked the name of an informant to a known drug offender and failed to act when the person received threats.  He added that he has read Chief Forsythe’s resume on-line and that in his opinion it is lacking.  Larry Larson also read a statement from an ex-employee. 

Larry Larson also asked if questions asked according to the new procedure will be in the minutes or online or some other way.  Mayor Evangelista said that the Village is looking into putting them on-line but that it will come with a cost. 

 

Jack Lading, 603 W. Main Street, asked Mr. Lee if he was seriously considering using tax payer’s money to pay personal expenses when he suggested paying Chief Forsythe’s moving expenses.  Mr. Lee reminded everyone that questions should be addressed to the Mayor.  Mayor Evangelista said that Mr. Lee was quoted as saying that.  Mayor Evangelista reminded everyone that one council member can’t pass legislation.  Jack lading also asked how it is justified that Police Chief Forsythe is driving a Village car to and from work.  Mayor Evangelista said that he is on call 24/7 and that although most Chief’s do take cars home, the issue will be addressed during his review. 

 

 

OLD BUSINESS

 

ORDINANCE NO. 3-2006 was read by Solicitor Murray, second reading.  AN ORDINANCE AUTHORIZING THE MAYOR AND VILLAGE ADMINISTRATOR TO ENTER INTO A CONTRACT WITH NED FOLEY AND CT CONSULTANTS FOR PROFESSIONAL ENGINEERING SERVICES AND DECLARING AN EMERGENCY.

Motion by Mr. Loparo, seconded by Mr. Hamercheck, to suspend the three reading rule for Ordinance No. 3-2006.  Roll call, 5 yeas.  Motion passed.  Motion by Mr. Loparo, seconded by Mr. Vest, to approve Ordinance No. 3-2006.  Roll call, 5 yeas.  Ordinance No. 3-2006 duly passed.

 

 

NEW BUSINESS

 

ORDINANCE NO. 5-2006 was read by Solicitor Murray, first reading.  AN ORDINANCE AUTHORIZING THE VILLAGE ADMINISTRATOR AND FISCAL OFFICER TO FILE A LOAN APPLICATION AND EXECUTE A COOPERATIVE AGREEMENT WITH THE OHIO WATER DEVELOPMENT AUTHORITY AND THE OHIO ENVIRONMENTAL PROTECTION AGENCY NECESSARY FOR THE DESIGN OF THE EXPANSION OF THE VILLAGE OF MADISON WASTEWATER TREATMENT PLANT AND DECLARING AN EMERGENCY.

 

Mr. Loparo asked for clarification on the expansion, if there will be sufficient revenue to repay the loan and how many new homes along with the hotel will be tapped in.

Mayor Evangelista said that the wastewater treatment plant is at capacity and that the money to repay will come from new users to the sewer system.

Fiscal Officer Pinkert said that the amortization schedule has been reviewed and that as long as the revenues for new tap-ins are realized the money will be available for loan payments.

Administrator Zapp said that although the hotel will tap-in before the expansion is completed, 45 to 50 new homes per year are expected after the expansion.

Motion by Mr. Loparo, seconded by Mr. Vest, to suspend the three reading rule for Ordinance No. 5-2006.  Roll call, 5 yeas.  Motion passed.  Motion by Mr. Loparo, seconded by Mr. Britton, to approve Ordinance No. 5-2006.  Roll call, 5 yeas.  Ordinance No. 5-2006 duly passed.

 

ORDINANCE NO. 6-2006 was read by Solicitor Murray, first reading.  AN ORDINANCE RATIFYING THE AMENDED FINAL PLAN TO THE COUNTY-WIDE 911 EMERGENCY TELEPHONE SERVICE.

Mr. Hamercheck requested more information about the legislation.  Mayor Evangelista said that he would provide an update for Council before the next meeting. 

 

ORDINANCE NO. 7-2006 was read by Solicitor Murray, first reading. AN ORDINANCE ABOLISHING THE AUXILIARY POLICE UNIT WITHIN THE MADISON VILLAGE POLICE DEPARTMENT AND DECLARING AN EMERGENCY.

 

RESOLUTION NO. 1-2006 was read by Solicitor Murray, first reading.  A RESOLUTION THANKING WALMART FOR ITS MONETARY DONATION OF ONE THOUSAND DOLLARS ($1,000.00) TO THE MADISON SENIOR CENTER BY THE VILLAGE OF MADISON AND EXPRESSING APPRECIATION AND GRATTITUDE THEREFORE.

Motion by Mr. Loparo, seconded by Mr. Britton, to approve Resolution No. 1-2006.  Roll call on the motion, 4 yeas and 1 abstain (Vest). Resolution No. 1-2006 duly adopted. 

 

Mayor Evangelista informed everyone that the school has requested a resolution in support of the school levy.  Motion by Mr. Britton, seconded by Mr. Lee, to approve Resolution No. 2-2006. in support of the Madison Schools Levy.  Roll call on the motion, 5 yeas.  Resolution No. 2-2006 duly adopted.

 

Mr. Hamercheck asked who sponsored Ordinance No. 7-2006.  Mayor Evangelista said he didn’t know.  Mr. Britton said that he would sponsor the ordinance and Mr. Loparo said that he would co-sponsor the ordinance if it is useless and the Village is tight on budget.

 

 

 

Mr. Hamercheck asked who initiated the ordinance and said that if it is budgetary issue, the auxiliary force does not take anything out of the village budget.  Mayor Evangelista said that it is more of an administrative problem.  Mr. Britton said that it is more of lack manpower and not meeting the minimum requirements. 

 

 

QUESTION & ANSWERS

 

Janine Hathaway, 215 W. Parkway, said that the auxiliary unit hasn’t has any direction since Chief Forsythe has taken over and that guidance is needed with someone willing to take the time and work with the unit.

 

Larry Larson, 239 E. Main Street, asked how many people are needed to justify keeping the auxiliary force and said if people are needed for the auxiliary force, the department should inform the public and people would respond.  Larry Larson suggested that Police Chief Forsythe put the Ordinance No. 7-2006 in motion.

 

Richard Janco, 178 E. Main Street, said that the auxiliary unit is helpful during Old Fashioned Days and that he would like to keep them in place.  Mr. Janco also said that the first time he asked for the pay ordinance he was given a copy of 4 pages of something that has thousands of dollars listed under other and that he finds it interesting that the budget is passed with so many listings under other.  Fiscal Officer Pinkert said that Mr. Janco was mistakenly give a copy of appropriation Ordinance No. 70-2005 that was voted down instead of the pay ordinance.  She added that the appropriations are listed for personal services and other, which is contractual, supplies, debt service and capital, in order to for the auditors follow our legal level of control, all of council receives pages of line item amount that equal the “other” number.  Mayor Evangelista asked if Mr. Janco received a correct copy of the pay ordinance.  He answered yes. 

 

Chuck Burgard, 126 Union Street, said that the auxiliary force has produced some good officers and that he would like council to reconsider abolishing them. 

 

COUNCIL REPORTS

 

Mr. Britton, no report.

 

Mr. Hamercheck reported that he attended the grand opening of the Perry Community Senior center and that they are booked with rentals for receptions ect.  He suggested the village look into doing the same thing at the Madison Senior Center.  Mr. Hamercheck also gave an update on the Recreation Board meeting saying that they are reviewing recreation opportunities other than sports and considering moving all of the meetings to Madison Township Hall.

 

Mr. Vest welcomed Madison Township Trustee Quirk in attendance.  Mr. Vest also said that he attended an informational meeting with representatives from Sweet Brier to express concerns about zoning changes.  He also said that he would answer any questions unless they are about the new format itself and that he didn’t sponsor the legislation abolishing the auxiliaries.

 

 

 

 

 

Mr. Loparo reported the following:

  1. He does not read or participate on internet blogs, the Madison44057 site is misleading and that he isn’t B&B.
  2. Tapes are available from the 2004-2005 meetings that can be reviewed for comments.
  3. Council desires to satisfy citizens concerns and that by making request in writing; it allows us to get good information out to people. 
  4. Mr. Buck’s mother is ill, that is why he isn’t in attendance.
  5. The Fire Board has a tough agenda for 2006 due to contract negotiations.

 

Mr. Loparo read and submitted a letter from Mr. Buck requesting a temporary leave of absence from the Fire Board.  Motion by Mr. Loparo, seconded by Mr. Britton, to accept Mr. Buck’s request for a temporary leave of absence form the Fire Board.  Roll call on the motion, 5 yeas.  Motion passed. 

 

Motion by Mr. Loparo, seconded by Mr. Britton, appointing Mr. Lee to fill Mr. Buck’s seat on the Fire Board during his leave of absence.

 

There was some discussion regarding the Fire Board appointment.

Mr. Vest said that he wants to nominate Mr. Hamercheck. Solicitor Murray said that the appointment is done by motion.  Mr. Vest and asked why Mr. Loparo didn’t ask anyone else if they were interested.  Mr. Loparo explained that he asked Mr. Lee and that he discussed it with Mr. Britton and told him to relay to Mr. Hamercheck to contact me if he is interested.  Mr. Hamercheck commented that the decision appears to have been decided beforehand. 

Mr. Loparo said that his motion is based on the fact that the Fire Board is in negotiations for labor contracts and that Mr. Lee has the qualification necessary to help negotiate labor contracts.  He added that he would withdraw his motion and allow Mr. Vest to make his motion first.  Mr. Britton said he won’t withdraw his second and that there enough problems within Council right now it doesn’t need to go to the Fire Board. 

Roll call on the motion, 3 yeas and 2 nays (Vest & Hamercheck).  Motion passed.

 

Mr. Loparo informed everyone that there is a request for a liquor license and Council has to decide if they want a hearing.  Mr. Vest inquired if the proximity of the restaurant to schools and churches is in violation of liquor laws.  Solicitor Murray said that there are certain restrictions on geographical areas for licenses but that this notice is to the Village an opportunity to request a hearing.  Mr. Loparo said that he doesn’t own the restaurant requesting the liquor license or have any interest in the restaurant.

Mr. Loparo said that there is a Fire Board meeting on February 15, 2006, at Madison Township Hall at 7:30 p.m. and that the part-time committee is meeting ant 6:30 p.m..

 

Mr. Lee said that there is a Budget & Finance committee meeting is on February 13, 2006, at village hall at 2:00 p.m.  Mr. Lee also said that he agrees with Mr. Loparo regarding blogs and cautioned everyone not to take them as gospel. 

 

 

 

 

 

 

 

 

 

ENGINEER’S REPORT

 

Engineer Foley thanked Mayor Evangelista and Council for their support and the contract renewal.  He reported the following:

  1. The main work being done is on the WWTP expansion application for funding.
  2. Village Glen Phase III is still in plan & review.
  3. The emergency work on Safford Street will be underway this week with the televising of the existing sanitary sewer. 

 

 

FISCAL OFFICER REPORT

 

No report. 

 

 

ADMINISTRATOR’S REPORT

 

Administrator Zapp reported the following:

  1. Mr. Gabor of Terry G’s car wash has offered to pressure wash the entire senior center at no cost.
  2. Wednesday, February 8, 2006, at 7:00 p.m. there is a Board of Zoning Appeals Hearing.
  3. The Village crews won’t be using the sidewalk plow in residential areas during bad weather due a concern about tearing up front yards.
  4. A letter was received from a representative of the proposed hotel, Mr. Jack Brown, requesting making a twelve thousand payment on the tap-in in order to get their permit and the balance due before they receive services.

Administrator Zapp asked for direction from Council regarding the request.  Motion by Mr. Britton, seconded by Mr. Hamercheck, to approve Mr. Brown’s request as presented.  Roll call on the motion, 5 yeas.  Motion passed. 

 

MAYOR’S REPORT

 

Mayor Evangelista welcomed Madison Township Trustee Quirk I attendance.

 

Mayor Evangelista reported the following:

  1. He has been working about a year and a half on a designated quiet zone and has contacted both railroads for assistance with expenses.  The $350,000 set aside from Congressman LaTourette may be only enough to fix the electronics at the tracks. 
  2. The Police department is looking forward to adding a canine.  An account will be set up for donations in support of a canine.
  3. A farm market will be added to the Village Park on Saturdays during the summer of 2006 starting in July.

 

 

 

 

 

 

 

 

Mayor Evangelista announced the following dates:

 

Special Election                                                            February 7, 2006

Board of Zoning Appeals                                                February 8, 2006

Mayor’s Court                                                             February 9, 2006

Planning Commission                                                      February 13, 2006

Fire Board                                                                    February 15, 2006

Council Meeting                                                            February 20, 2006

 

Motion by Mr. Hamercheck, seconded by Mr. Vest, for executive session for personnel issues.  Roll call on the motion, 5 yeas.  Motion passed.  Mayor Evangelista said that there will be a fifteen minute recess and then executive session will convene at 8:48 pm.

 

Mayor Evangelista called the meeting to order at 9:32 pm.  Council Members 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. Vest, to adjourn.  Roll call, 6 yeas. Meeting adjourned at 9:35 p.m.

 

 

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