COUNCIL MINUTES
VILLAGE OF MADISON
Regular Meeting
February 7, 2005
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.
Council Members Mr. Britton, Mr. Buck, Mr. Burgard, Mr. Loparo, Mr. Toward and Mr. Vest were present. Also in attendance; Mayor Evangelista, Administrator Sample, Solicitor Murray, Fiscal Officer Pinkert, Engineer Foley and Acting Chief Forsythe.
PUBLIC HEARING - REZONING OF PHASE 2 & 3 IN HUNTINGTON WOODS FROM R-2 TO R-1
Administrator Sample said that the change is recommended by the Madison Village planning Commission and explained that in an R-2 district, a conditional use permit can be requested for nursing homes, bed & breakfasts and things of that nature. The change to R-1 would eliminate those options in a subdivision.
Mayor Evangelista opened the meeting to the public and asked for questions and comments.
Andy Budd, 192 Kingsbury Point, what does R-1 include as far as dwellings per acre. Administrator Sample said that it is the same in both R-1 and R-2, 1 house per lot with 100 foot of frontage, 15 feet on each side and 40 foot in the back. He added the only difference between R-1 and R-2 is the option of potentially having nursing homes or things of that nature. Mr. Budd said that based on the information provided he supports the change.
Chuck Dome, 190 Manchester Court, asked about the requirements for notifying residents about proposed changes. Administrator Sample said that people within 200 feet of the proposed changes have to be notified and that they were notified by certified letters.
Ken Tackas, 164 Huntington Woods, said that he did get a letter and came to village hall to ask questions but there wasn’t anyone available to answer his questions. He suggested that something be available at village hall in the form of the legislation or explanation when changes like this are being considered. He added that he supports the changes.
Charlie Loncar, 144 Huntington Woods, requested an update on the street plan for the subdivision. Administrator Sample said that eventually the road by McDonalds will continue through to Bates Rd. The roadway going south on Huntington, phase III and possibly phase IV, will all be single family and will connect to Mr. Sidley’s road.
Rich Janco, 178 East Main Street, expressed concerns about possible multi family home at the end of the road and asked why the small section of the Sidley property isn’t being re-zoned now. Administrator Sample said only what has been requested is being considered and multi family homes can’t go in without a zoning change and public hearings.
Andy Budd, 192 Kingsbury Point, asked if phase III will include a connection to Sidley’s road. Administrator Sample said no.
Mayor Evangelista closed the public hearing at 7:17 pm
PUBLIC HEARING – INCREASING THE MINIMUM SQUARE FOOTAGE OF SINGLE FAMILY HOMES
Administrator Sample said that the change is recommended by the Madison Village planning Commission and explained that the proposal is to increase minimum square footage in R-1, R-2 & R-3 districts for singe family homes.
Mayor Evangelista opened the meeting to the public and asked for questions and comments.
Andy Budd, 192 Kingsbury Point, said that the current minimum sq ft requirement in Huntington Woods is 1800 sq ft for a ranch. Administrator Sample said that it may be due to deed restrictions, not the current zoning laws. He added that this proposal is to change the zoning regulations.
Mayor Evangelista closed the public hearing at 7:20 pm
Motion by Mr. Loparo, seconded by Mr. Buck, to approve the minutes of the regular meeting on January 17, 2005, as presented. Roll call on the motion, 6 yeas. Motion passed.
Motion by Mr. Britton, seconded by Mr. Buck, to approve the minutes of the special meeting on January 24, 2005, as presented. Roll call on the motion, 5 yeas and 1 abstain (Mr. Loparo). Motion passed.
Fiscal Officer Pinkert presented Pay Ordinance #2082 totaling $63,791.39 for payroll and $83,064.58 for current and upcoming expenses. Fiscal Officer Pinkert informed Council about changes in the pay ordinance to include a listing for then & now certificate numbers for council approval.
Motion by Mr. Vest, seconded by Mr. Britton, to approve Pay Ordinance #2082. Roll call on the motion, 6 yeas. Motion passed.
Jack Laden, 604 West Main Street, had a complaint about the recycling company, saying that they left a large amount of glass in the street and asked if someone can be notified. Administrator Sample said that he would call Mr. Hodges with Lake County and report the problem.
Andy Budd, 192 Kingsbury Point, expressed concerns about a possible income tax increase and said Council is responsible for the overall financial well being of the Village.
Administrator Sample said there is some confusion about the former position of Clerk-Treasurer. There were no set hours for that position; duties were to be accomplished regardless of the time involved. The previous Clerk-Treasurers were responsible to the voters; they did not answer to the Mayor and Council. Everyone was getting balance sheets and reports; there was no reason to doubt their accuracy until they were made aware by the State Auditors.
Mayor Evangelista said that any proposed income tax would be based on actual revenue needed to operate the Village.
Mr. Budd also asked if the Village has money for a new village hall set aside. Administrator Sample explained that the village took a note for $130,000 for the purchase of the property and a portion of the inside millage is designated to pay it off.
Mayor Evangelista asked Fiscal Officer Pinkert to review the update submitted to Council. Fiscal Officer Pinkert gave a financial update saying the Village finished 2004 with a $48,000 negative balance in the general fund and the rest of the funds finished positive. She added that she is comfortable with the budget as proposed provided the revenues are realized.
Andy Budd, 192 Kingsbury Point, asked if the Central Collection Agency (CCA) helps with delinquent income tax collections. Administrator Sample said that CCA provides the Village with lists of delinquents and the village has been following up on those lists and citing people into court. Solicitor Murray said that CCA assists in court but that it is the Village’s responsibility to prosecute. Administrator Sample added that although delinquent taxes are being collected, there are also extra costs involved.
Mr. Loparo said that Council is receiving regular reports with more information from the Fiscal Officer which allows them to better monitor the finances of the village. He added that the duties of a Clerk Treasurer are outlined in the Ohio revised Code.
Rich Janco, 178 East Main Street, inquired about an income tax credit for people paying other entities. Mayor Evangelista said the Village has no reciprocity for income tax.
Larry Larson, 239 W. Main Street, welcomed Acting Chief Forsythe back and said that the men in charge in his absence did a fine job. Larry Larson also asked for an update on the Joint Economical Development District (JEDD).
Mayor Evangelista said that a JEDD would be a partnership between Madison Township and Madison Village and that it is still in the infant stage, there hasn’t been any real discussion.
Charlie Loncar, 144 Huntington Woods, asked for an update on a railroad overpass in the Village. Mr. Buck said that although he tried to get something going a couple of years ago, it didn’t get a lot of support. Administrator Sample said that funding for overpasses is only available for state routes. Mr. Loncar said that Council has to take ownership of the problem and urged them to re-address the issue. Mr. Loparo said that the village does have a traffic problem and that Council isn’t opposed to an overpass. He also said suggestions are welcome. Mayor Evangelista said funding isn’t available for an overpass and that the issue continues to be a concern for the Village.
OLD BUSINESS
ORDINANCE NO. 2-2005 amended was read by Administrator Sample, third reading. AN ORDINANCE MAKING APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE VILLAGE OF MADISON, STATE OF OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2005.
Motion by Mr. Loparo, seconded by Mr. Britton, to approve Ordinance No. 2-2005. Roll call, 6 yeas. Ordinance No. 2-2005 duly passed.
ORDINANCE NO. 5-2005 was read by Administrator Sample, third reading. AN ORDINANCE ESTABLISHING A POLICY AND COST SCHEDULE FOR THE REIMBURSEMENT OF EXPENSES ON PUBLIC RECORDS REQUESTS.
Mr. Vest suggested that Village residents not be charged for records. Mr. Loparo suggested that the charge for a standard extraction be eliminated.
Motion by Mr. Toward, seconded by Mr. Buck to table Ordinance No. 5-2005. Roll call, 6 yeas. Ordinance No. 5-2005 duly tabled.
ORDINANCE NO. 6-2005 was read by Administrator Sample, second reading. AN ORDINANCE AMENDING THE MADISON VILLAGE HISTORICAL PRESERVATION ORDINANCE NO. 36-2003 TO INCLUDE AN ADDITIONAL ENFORCEMENT PENALITY PROVISION UNDER SECTION 25.14.
NEW BUSINESS
APPOINTMENT- Health District
Motion by Mr. Britton, seconded by Mr. Buck to approve the appointment of Mark Vest to the Health District Board. Roll call, 6 yeas. Motion passed.
ORDINANCE NO. 8-2005 was read by Administrator Sample, first reading. AN ORDINANCE AMENDING ORDINANCE NO. 33-1996, AS AMENDED, AND THE DISTRICT MAP AND DISTRICT MAP DESIGNATIONS WHICH FORM A PART OF THE ZONING CODE FOR THE VILLAGE OF MADISON BY CHANGING THE LAND USE OF AND REZONING CERTAIN PARCELS OF REAL PROPERTY LOCATED IN HUNTINGTON WOODS SUBDIVISON PHASE TWO AND THREE IN MADISON VILLAGE, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO R-1 SINGLE FAMILY RESIDENCE DISTRICT.
Motion by Mr. Loparo, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 8-2005. Roll call, 6 yeas. Motion passed. Motion by Mr. Loparo, seconded by Mr. Vest, to approve Ordinance No. 8-2005. Roll call, 6 yeas. Ordinance No. 8-2005 duly passed.
ORDINANCE NO. 9-2005 was read by Administrator Sample, first reading. AN ORDINANCE AMENDING ORDINANCE NO. 33-1 996, AS AMENDED, THE ZONING CODE OF THE VILLAGE OF MADISON, BY MODIFYING SECTION 5.2 THEREOF RELATING TO MINIMUM RESIDENTIAL FLOOR AREA PER DWELLING IN “R-1”, “R-2” AND “R-3” (SINGLE FAMILY) ZONING DISTRICTS.
Mr. Vest asked if the requirements could be higher than the proposed ordinance. Mayor Evangelista said that although it was discussed, the added cost to the homeowner might put to much strain on the market.
ORDINANCE NO. 10-2005 was read by Administrator Sample, first reading. AN ORDINANCE AMENDING MADISON VILLAGE ZONING ORDINANCE NO. 33-1996 BY REPEALING SECTIONS 9.17.2(c), 9.17.2(g), AND 9.17.2(h) REGULATING POLITICAL SIGNS AND DECLARING AN EMERGENCY.
Mr. Britton said that a previous ordinance like this was voted down but that a legal battle will be too costly for the Village.
Motion by Mr. Burgard, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 10-2005. Roll call, 6 yeas. Motion passed. Motion by Mr. Britton, seconded by Mr. Buck, to approve Ordinance No. 10-2005. Roll call, 6 yeas. Ordinance No. 8-2005 duly passed.
ORDINANCE NO. 11-2005 was read by Administrator Sample, first reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR AND FISCAL OFFICER TO EXECUTE THE UNIFORM ACCOUNTING NETWORK AGREEMENT WITH BETTY MONTGOMERY AUDITOR OF STATE DECLARING AN EMERGENCY.
Motion by Mr. Loparo, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 11-2005. Roll call, 6 yeas. Motion passed. Motion by Mr. Loparo, seconded by Mr. Vest, to approve Ordinance No. 11-2005. Roll call, 6 yeas. Ordinance No. 11-2005 duly passed.
Mr. Britton welcomed Acting Chief Forsythe back and said Officers Mussel and Svagerko did a good job of keeping the department running smoothly in his absence.
Mr. Toward gave compliments to the Police Department for their quick response to an incident in his neighborhood.
Mr. Vest said that he has had calls about people being pulled over for obstructive plates and informed everyone that it is the law that license plate has to be clear of obstructions. Mr. Vest also gave an update on the US Route 20 Corridor Plan meeting saying that there is going to be a mass mailing that included a survey. There will be a public meeting on February 28th at 7:00 pm at the high school in order to give a presentation about the survey.
Mr. Loparo, no report.
Mr. Buck, said that he agrees that Fiscal Officer Pinkert is doing a good job and that no one is immune he also got pulled over for obstructive plates.
Mr. Burgard welcomed Acting Chief Forsythe back.
Engineer Foley reported the following:
1. The Senior Center project is on schedule.
2. There will a test of the booster station soon.
3. The next phase for Village Glenn will be submitted next month for approval.
Mr. Britton asked there is any progress on the Dollar general issue. Engineer Foley said no.
Acting Chief Forsythe said he appreciates the support form everyone while he was recuperating and that he feels great. He also commended Officers Mussell and Svagerko for there leadership during his absence.
Administrator Sample reported the following:
MAYOR’S REPORT
Mayor Evangelista welcomed Acting Chief Forsythe back and reported the following:
Mayor Evangelista Reported the following dates:
February 10th Mayor’s Court
February 14th Planning Commission
February 15th Senior Board meeting
February 21st Regular Council Meeting
Mayor Evangelista requested an executive session in order to discuss contractual issues. Motion at 8:37 pm by Mr. Britton, seconded by Mr. Buck, to adjourn to executive session to discuss contractual issues. Roll call on the motion, 6 yeas. Motion passed. Mayor Evangelista informed everyone that there would be no business after executive session.
Mayor Evangelista called the meeting to order at 9:30 p.m.
Council Members Mr. Britton, Mr. Buck, Mr. Burgard, Mr. Loparo, Mr. Toward and Mr. Vest were present. Also in attendance; Mayor Evangelista, Administrator Sample, Solicitor Murray, Fiscal Officer Pinkert and Acting Chief Forsythe.
Motion by Mr. Britton, seconded by Mr. Vest, to adjourn. Roll call, 6 yeas. Meeting adjourned at 9:35 pm.
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