COUNCIL MINUTES

VILLAGE OF MADISON

Regular Meeting

January 17, 2005

 

 

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.

 

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 Officer Mussell for Acting Chief Forsythe.

Mr. Toward said the date for Planning Commission meeting should be January 10th instead of December 10th in the minutes and requested an amendment.

Motion by Mr. Loparo, seconded by Mr. Britton, to approve the minutes of the regular meeting on January 3, 2005, with an amendment to change the date for the planning commission.  Roll call on the motion, 6 yeas.  Motion passed.

 

Fiscal Officer Pinkert presented Pay Ordinance #2081 totaling $133,384.88 for current and upcoming expenses.  Mr. Toward asked about the two T-Mobile bills and if they are all the same account. Fiscal Officer said that they are the police department mobile units, T-mobile bills for 5 units on one bill and 1 unit on a separate bill.  She added that she would check to see if they are the same account.

Motion by Mr. Toward, seconded by Mr. Britton, to approve Pay Ordinance #2081.  Roll call on the motion, 6 yeas.  Motion passed.

 

 

VISITORS

 

Larry Larson, 239 W. Main Street, voiced the following concerns and questions:

  1. A “Quiet Zone” Designation is not a good idea for the Village and expressed concerns about safety, liability and cost.
  2. The 2004 budget on the Village web-site isn’t added correctly across columns by $36,000.00, why and where is that $36,000.  Fiscal Officer Pinkert said that she wasn’t aware of any errors. Administrator Sample said that he prepares the budget for the web-site and he would check for errors. 
  3. A group of citizen’s is circulating a position to re-instate Edward Matty as Chief of Police and asked if anyone wanted to sign it.  He added that in his opinion the Village would save $15,000 per year if Ed Matty was reinstated.  Administrator Sample said that Ed Matty signed an agreement for retirement.  Mr. Larson said that Ed Matty has made it known that if the citizen’s want him to return he would be willing.  Mayor Evangelista halted the dialogue saying it is out of order putting Ed Matty on the spot. 

Administrator Sample commented that he supports Larry Larson’s in his recent inquiries and comments about village issues if his motive is a general concern for the Village and not due to recent citations for junk vehicle and not paying taxes.  Mr. Larson said that the administrator is off base and that he is a village resident with more right to express concerns that the administrator. 

 

 

 

 

Maureen Smith, 379 Kim Drive, said that she wasn’t going to address council until she heard the Administrator Sample’s comments to Mr. Larson.  She said that police chief’s come out of retirement all of the time. She added that is was out of line to bring up Mr. Larson’s non-payment of taxes. Administrator Sample said that it is a matter of public record. 

 

 

OLD BUSINESS

 

ORDINANCE NO. 68–2004 was read by Administrator Sample, third 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.

Motion by Mr. Toward to approve Ordinance No. 68-2004.  Roll call 5 nays and 1 yea (Mr.Vest).  Motion failed.

Council discussed options modifying the ordinance with respect to dates and sizes for signs.  Solicitor Murray said that there has been a lot of litigation over political signs and most of the courts are ruling in favor of the property owner’s rights to express their own political opinion.

 

ORDINANCE NO. 2-2005 amended was read by Administrator Sample, first 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.

Mr. Vest requested clarification on the amendments. Administrator Sample explained that some of the general fund expenditures were reduced or redistributed and the revenue estimate was increased in income tax.

 

ORDINANCE NO. 3 – 2005 was read by Administrator Sample, second reading.  AN ORDINANCE AMENDING THE ANNEXATION AGREEMENT BETWEEN MADISON VILLAGE AND MADISON TOWNSHIP.

Motion by Mr. Loparo, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 3-2005. 

Mr. Britton asked if the Township should pass the issue first.  Solicitor Murray said that it is not required.

Mr. Vest asked for an update on the pump station project.  Administrator Sample said that the project is complete except for waiting on the electric company has to hook up the power.

Roll call, 6 yeas.  Motion passed.  Motion by Mr. Loparo, seconded by Mr. Burgard, to approve Ordinance No. 3-2005.  Roll call, 6 yeas.  Ordinance No. 3-2005 duly passed.

 

ORDINANCE NO. 5-2005 was read by Administrator Sample, second reading.  AN ORDINANCE ESTABLISHING A POLICY AND COST SCHEDULE FOR THE REIMBURSEMENT OF EXPENSES ON PUBLIC RECORDS REQUESTS.

Mr. Vest requested discussion on the ordinance and said these figures seem excessive.  He asked what the cost is to the village for the service and if this will become a revenue generator.  Solicitor Murray said it is not allowed to be a revenue source.  Council had a discussion about the costs for public records and what is reasonable.  Mayor Evangelista urged Council to get information and bring ideas to the next meeting. 

 

 

 

 

NEW BUSINESS

 

ORDINANCE NO. 6-2005 was read by Administrator Sample, first reading.  AN ORDINANCE AMENDING THE MADISON VILLAGE HISTORICAL PRESERVATION ORDINANCE NO. 36-2003 TO INCLUDE AN ADDITIONAL ENFORCEMENT PENALITY PROVISION UNDER SECTION 25.14.

 

Mayor Evangelista recognized State Representative Tim Cassell in attendance.

 

COUNCIL REPORTS

 

Mr. Britton said he wanted to clarify from the last meeting he said that it needed cleaned up behind the “old” pet & garden which was formerly Madison Power.

Mr. Britton also requested inquired about Mr. Gustensic and thanked Engineer Foley for stopping and seeing him.

 

Mr. Toward gave compliments to the road crews for keeping the streets in good shape.

 

Mr. Vest, no report.

 

Mr. Loparo, no report.

 

Mr. Buck., no report. 

 

Mr. Burgard reported that there is a Fire Board meeting on January 19th and that they recently held an election of officers with Mr. Brunner elected as Chairman and himself as Vice-Chairman

 

 

ENGINEER’S REPORT

 

Engineer Foley reported the following:

1.      The senior center project is moving forward

2.      Work at the Booster Station has to be rescheduled for power hook-up.

3.      The next phase for the developments will be submitted next week.

 

Mr. Vest inquired if the situation with Betty Ward has been resolved and if there is flooding from Bear Path to neighboring properties and said he read in the paper that property is for sale at Bear Path.

Engineer Foley answered that he is working on Betty Ward’s problems, the water at bear Path is probably a short term problem and that grading of the drain should take care of it and property at bear Path can’t transfer as lots because the street isn’t dedicated. 

Mr. Britton asked if it will be leveled off where the water line is on Bear Path.  Engineer Foley said yes.

 

 

SAFETY DEPARTMENT REPORT

 

Officer Mussell reported Lt. Forsythe is recovering and that although his leadership is missed, in the absence, the department is running smoothly.

 

 

ADMINISTRATOR’S REPORT

 

Administrator Sample reported the following:

  1. There will be a representative from CCA at Village Hall on April 9th from 9am-12pm to assist residents with any income tax issues. 
  2. 2 Lawnmowers and the truck sold on EBay for a total of $3,885.00.

Administrator Sample requested a public hearing in order to address a recommendation by the Planning Commission to increase the minimum square footage for single family homes in the R1, R2 and R3 zoning classification.

Motion by Mr. Britton, seconded by Mr. Loparo to schedule the public meeting at 7:00p.m. on February 7, 2005.

 

MAYOR’S REPORT

 

Mayor Evangelista introduced Representative Tim Cassell. 

Representative Cassell gave the following updates:

 

  1. There is an upcoming meeting with the Public Utilities Commission of Ohio (PUCO) regarding the requirements for a “quiet zone” designation and said that he will be better informed after the meeting about any available funding.
  2. He is working hard to protect local government funds.
  3. The next four months will be designated on the budget and after that he will know what will be available for Issue II projects.

 

 

Mayor Evangelista reported the following:

 

  1. The Design & Review Board reorganized last week with him elected as the Chairman and Denise Michaud elected as Secretary.
  2. The Design & Review Board will meet January 19th with the owners of the Open Door Coffee Shop to review the painting scheme.

 

Mayor Evangelista gave an update on Lt. Forsythe’s illness and said the he Councilman Britton met with Lt Forsythe and he recommended Officers Mussel and Svagerko in his absence.  They met with those officers to explain their additional duties which are; opening the daily mail and to make sure the daily schedule is filled out for shifts.

 

Mayor Evangelista Reported the following dates:

 

            January 19th                  Special Design & Review Board

            January 20th                  Mayor’s Court

            January 24th                  Public Meeting with Madison Township to discuss a JEDD

February 7th                 Regular Council Meeting

           

 

 

 

 

 

ORDINANCE NO 7-2005 was read by Administrator Sample, first reading.  AN ORDINANCE CONFIRMING THE APPOINTMENT OF TERRY WHEELER TO THE MADISON VILLAGE BOARD OF ZONING APPEALS FOR THE TERM COMMENCING JANUARY 1, 2005 AND ENDING DECEMBER 31, 2007 AND DECLARING AN EMERGENCY.  Motion by Mr. Britton, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 7-2005.  Roll call, 6 yeas.  Motion passed.  Motion by Mr. Vest, seconded by Mr. Britton, to approve Ordinance No. 7-2005.  Roll call, 6 yeas.  Ordinance No. 7-2005 duly passed.

 

 

 

 

 

 

 

Motion by Mr. Loparo, seconded by Mr. Britton to adjourn.  Roll call, 6 yeas. Meeting adjourned at 8:14pm.

 

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