COUNCIL MINUTES
VILLAGE OF MADISON
Regular Meeting
January 16, 2006
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, Chief Forsythe, and Fiscal Officer Pinkert.
Motion by Mr. Loparo, seconded by Mr. Vest, to approve the minutes of the regular meeting of January 02, 2005, as presented. Roll call on the motion, 5 yeas. Motion passed.
Fiscal Officer Pinkert presented Pay Ordinance #2104 totaling $33,759.68 for payroll and $66,204.20 for current and upcoming expenses.
Joe Quinn, 71 Union Street, requested Council research options for creating noise barriers for the railroad tracks.
Administrator Zapp said that he has discussed this with Mr. Buck and the Village is working on getting the Village designated a quiet zone.
Lawrence Larson, 239 W. Main Street, read a prepared statement that included the following:
Maureen Smith, 379 Kim Drive, said that three times in one week she witnessed patrol cars pulling over drivers in a way that blocks traffic when parking lots were accessible. She said that this is a safety issue and that traffic stops shouldn’t hinder traffic if it can be avoided.
Richard Janco, 178 E. Main Street, expressed concerns about safety issues and fear of retribution by the police. He said that he witnessed a patrol car pull out of Dominoes so fast in front of him he had to spike his brakes and that he isn’t comfortable discussing it with officers. Mr. Janco said that his biggest concern is the finalization of the Police Chief appointment. He noted that the Village is different place from when he moved in and that the residency requirement is an important issue to citizens. He also asked the following:
Solicitor Murray said that both the State of Ohio and Madison Village requires residency unless it is waived. He added that it was waived for the Fiscal Officer.
Mayor Evangelista said that a probationary review will be done and that Council will wait until then to address any changes in legislation. He added that each Council member can address Mr. Janco’s question regarding residency requirements during their reports.
Kim Mock, 420 River Street, welcomed the new Council members and Administrator Zapp. She said that she has been embarrassed about the recent media attention in Madison Village. She also said that she has had continual problems with people being pulled over in front of her house and blocking her drive and hindering her mail and garbage pick-up and delivery. Kim Mock also asked if the Village is paying for John Sample’s truck monthly, are we paying his lease payment or his truck payment or anything else. Solicitor Murray said we are not paying his lease payment. Kim Mock asked if we are paying the truck payment or insurance payment. Solicitor Murray answered no.
Ron Smith, 379 Kim Drive, said that House Bill 82 regarding restrictions on residency requirements was voted down 14-2 making it a dead issue.
Jeff McQuinley, 187 Hyder Drive, said that like other emergency response people, the Chief of Police should live close enough to respond in a timely manner.
OLD BUSINESS
ORDINANCE NO. 63-2005 was read by Solicitor Murray.
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND FISCAL OFFICER TO ENTER INTO THE GROUND LEASE AGREEMENT WITH TRASK PROPERTIES, LTD AND DECLARING AN EMERGENCY. Ordinance is tabled.
Motion by Mr. Loparo, seconded by Mr. Lee, to remove Ordinance No. 63-2005 from the table. Roll call on the motion, 5 yeas. Motion passed. Motion by Mr. Britton, seconded by Mr. Loparo, to approve Ordinance No. 63-2005. Roll call on the motion, 5 nays. Motion failed.
ORDINANCE NO. 70-2005 was read by Solicitor Murray, third reading AN ORDINANCE MAKING APPROPRIATIONS 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. Ordinance is tabled.
Motion by Mr. Loparo, seconded by Mr. Lee, to remove Ordinance No. 70-2005 from the table. Roll call on the motion, 5 yeas. Motion passed. Motion by Mr. Loparo, seconded by Mr. Britton, to approve Ordinance No. 70-2005. Roll call on the motion, 5 nays. Motion failed.
NEW BUSINESS
ORDINANCE NO. 2-2006 was read by Solicitor Murray, first reading. AN ORDINANCE ACCEPTING THE APPLICATION OF R.W. SIDLEY, INC., CARL & GAYLE FLOYD AND SINES, INC. FOR ANNEXATION TO THE VILLAGE OF MADISON OF LANDS OWNED BY SAID CORPORATIONS AND INDIVIDUALS
Motion by Mr. Loparo, seconded by Mr. Lee, to suspend the three reading rule for Ordinance No. 2-2006. Roll call, 5 yeas. Motion passed. Motion by Mr. Loparo, seconded by Mr. Britton, to approve Ordinance No. 2-2006. Roll call, 5 yeas. Ordinance No. 2-2006 duly passed.
ORDINANCE NO. 3-2006 was read by Solicitor Murray, first 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.
Mr. Loparo asked Administrator Zapp about his working relationship with CT Consultants. Administrator Zapp said that CT has been extremely professional during his transition especially regarding the Safford Street problems. He recommended continuing the agreement with CT Consultants. Mr. Vest inquired if there were any changes to the current agreement. Administrator Zapp said there is no increase for the retainer and that the amounts for expenses have been updated.
ORDINANCE NO. 4-2006 was read by Solicitor Murray, first reading. AN ORDINANCE AUTHORIZING THE VILLAGE ADMINISTRATOR OF SERVICES TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION EMERGENCY STATE CAPITAL IMPROVEMENT PROGRAM AND TO EXECUTE AGREEMENTS AND CONTRACTS AS REQUIRED.
Motion by Mr. Britton, seconded by Mr. Hamercheck, to suspend the three reading rule for Ordinance No. 4-2006. Roll call, 5 yeas. Motion passed. Motion by Mr. Lee, seconded by Mr. Loparo, to approve Ordinance No. 4-2006. Roll call, 5 yeas. Ordinance No. 4-2006 duly passed.
Mr. Britton welcomed Madison Township Trustee Pete Wayman in attendance and explained that the Madison Village Council and Madison Township Trustees are making an effort to attend each other’s meetings in order to have a better working relationship. He added that the Chief is within 20 minutes of the Village and that is acceptable to him.
Mr. Hamercheck reported that there is a Recreation Board Meeting on January 26, 2006, at 7:00 p.m. in the Madison Township Hall. He said that although he has been an outspoken opponent of the residency requirement, people have been telling him it is important. He urged residents to inform Council how they stand on the issue.
Mr. Vest welcomed Mr. Wayman. He also said that regarding the residency requirement, he votes his constituency. Mr. Vest gave an update on the Planning Commission Meeting (included as part of these minutes).
Mr. Loparo said that although he would prefer the Chief be a resident, that it is second to getting best person for the job.
He added that he is concerned about a possible organized effort to remove Chief Forsythe from his position. Mr. Loparo said that he was elected chairman of the Fire Board and that there is a meeting on January 18, 2006, at 7:30 in the Madison Township Hall. Mr. Loparo also thanked Mr. Wayman for his cooperation and said that the trustees and council members are on a rotating schedule to attend meetings.
Mr. Lee said that there is a Finance Committee meeting scheduled for January 23, 2006. He also inquired about any sorting requirements for recycling drop-off. Administrator Zapp said that the newspaper is not accurate. The Villager is on an “at-will” pick-up and waiting for the delivery of a 20 yard container. He added that until the container is delivered, residents don’t have to separate items.
Mr. Lee said that he would rather the Chief be a resident but that 14 municipalities in Lake County have opted out of a residency requirement. He added that when he went door to door about 60% of the residents said that they prefer the Chief of Police live in the Village. Mr. Lee said that requiring the Chief move into the Village would cause a financial burden and that possibly Council should consider the Village taking on that burden if they require him to live in the Village. He added that although it is a difficult decision, he will listen to the residents.
ENGINEER’S REPORT
Engineer Foley said that the Village is not very busy aside from the Safford Street water main break and emergency funds request. He added that the primary effort has been the Wastewater Treatment Plant expansion.
SAFETY DEPARTMENT REPORT
Chief Forsythe reported the following:
FISCAL OFFICER REPORT
Fiscal Officer reported that the year end reports were distributed as part of the Council packet. She added that the Village ended 2005 with a total of $465,338.83 and $289,237.55 of that is in investments. Also included were a cash summary by fund YTD for 2005 and a comparison worksheet of the beginning and actual 2005 budget.
ADMINISTRATOR’S REPORT
Administrator Zapp thanked Ned Foley and CT Consultants for their assistance regarding Safford Street. Hopefully the Village will be able to commence with those repairs in the immediate future.
MAYOR’S REPORT
Mayor Evangelista welcomed Mr. Wayman and thanked Ned Foley and CT Consultants for their recent help regarding Safford Street emergency funding.
Mayor Evangelista announced that in 2006 Madison Village will be updating the following:
Police Handbook
Employee Handbook
Village Web-Site
Cemetery improvements
Zoning Code Book
Mayor Evangelista announced the following dates:
January 18th Fire Board
January 23rd Planning Commission
January 26th Mayors Court
January 28th Recreation Board
February 6th Council Meeting
Mayor Evangelista opened the meeting to the public for questions and answers.
Richard Janco, 178 E. Main Street, said that he didn’t think Mr. Vest answered his question regarding residency requirement and also asked Mr. Loparo if he actually thought there is an “organized” effort to eliminate Chief Forsythe. Mr. Vest said that his answer is that he listens to the people. Mr. Loparo yes it seems like the same people come forward every meeting with complaints but when he is out in the community there several are citizens that don’t come forward that don’t complaints. He added, in his opinion, there was an organized effort to remove John Sample and that the same is true for Chief Forsythe and others. Richard Janco also asked if “we” pay for the Chief’s vehicle expenses and gas. The answer was yes. Mr. Britton said that if Mr. Janco pays so does Council. Mr. Janco distributed a document (included as part of theses minutes) to Council regarding Ed Matty and said he will be asking if it ids true in the future.
Larry Larson, 239 W. Main Street, said that everyone heard how Council would vote regarding the residency requirement only two said they would listen to the community. Mr. Larson asked why Chief Forsythe would accept a position that required him to live in the Village if he wasn’t willing to move into the Village and suggested that someone told him he wouldn’t have to move into the Village. Mayor Evangelista warned Mr. Larson not to make assumptions.
Larry Larson also said that in marketing the Village, the responsibility is not only on the residents but also the Police Department because they are the first to meet non residents.
Amelia Janco, 178 E Main Street, asked Fiscal Officer Pinkert if there was money left over at the end of 2005. The answer was yes, by fund.
Amelia Janco inquired about the money owed to the Bond Fund. Fiscal Officer Pinkert explained that the money is still owed and that it will be Council’s decision to approve repayment. She added that the State Auditors have indicated that the money could be repaid over more than one budget year.
Amelia Janco requested that copies of the pay ordinances be attached to agendas. Fiscal Officer Pinkert said that there is a public packet at the back of the room that includes a copy of each pay ordinance for review and that copies can be requested on an individual basis.
Sandy Mallory, 4175 Dayton Rd, informed Council that the Loxterman, Mallory Opdahl and Hudson families are in a land dispute with the American International, have retained legal counsel and don’t want any land cleared until the issue is resolved. Regarding Chief Forsythe, she added that as a taxpayer, she doesn’t want to pay another $100,000 for a buyout.
Maureen Smith, 379 Kim Drive, said that Chief Forsythe took an oath of office that included upholding the laws of the Village and that he should abide by them. She also asked if Council is considering comment blocking and if the Village has family leave papers available for employees. Mayor Evangelista asked if she could provide the Village with an example.
Susan Quayle, 713 W. Main Street, said that Mr. Britton’s comment to Mr. Janco was rude and that he should be more considerate.
Ron Smith, 379 Kim Drive, said that there is no more of an agenda to remove Chief Forsythe than there was to remove Ed Matty.
Motion by Mr. Britton, seconded by Mr. Lee, for executive session to discuss legal, contractual and 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 8:25 pm.
Mayor Evangelista called the meeting to order at 9:48 pm. Council Members Mr. Britton, Mr. Hamercheck, Mr. Lee, Mr. Loparo and Mr. Vest were present. Also in attendance; Mayor Evangelista.
Motion by Mr. Loparo, seconded by Mr. Britton, to adjourn. Roll call, 5 yeas. Meeting adjourned at 9:50 p.m.