COUNCIL MINUTES
VILLAGE OF MADISON
Regular Meeting
January 2, 2007
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. Bartlett, Mr. Hamercheck, Mr. Lee, and Mr. Vest were present. Absent was Mr. Loparo. Also in attendance, Mayor Evangelista, Administrator, Matt Zapp, Fiscal Officer, Brenda Brcak, Solicitor, Mike Murray, Chief, Mark Forsythe and Engineer Ned Foley.
Mayor Evangelista conducted the Re-organizational Appointments for 2007.
Motion by Mr. Britton, seconded by Mr. Vest, that Bob Lee be appointed to the position of President Pro-Tem for 2007, serving 01/01/2007 to 12/31/2007. Roll call on the motion, 5 yeas. Motion Carried.
Mayor Evangelista appointed/confirmed the following members to the Planning Commission for the designated terms: Don Donaldson, 01/01/03 to 12/31/08; Norbert Malin, 01/01/07 to 12/31/12; and Terry Wheeler, 01/01/06 to 12/31/11.
Motion by Mr. Lee, seconded by Mr. Bartlett, that Mark Vest be appointed to the Planning Commission for 2007, serving a one year term. Roll call on the motion, 5 yeas. Motion Carried.
Motion by Mr. Hamercheck, seconded by Mr. Britton, that the following appointments/confirmations to the Madison Recreation District be approved, terms as noted: Chad Burgard, 01/01/07 to 12/31/09; John Hamercheck, 01/01/05 to 12/31/07; and Carl Smoot, 01/01/06 to 12/31/08. Roll call on the motion, 5 yeas. Motion Carried.
Motion by Mr. Britton, seconded by Mr. Lee, that the following appointments to the Fire District be approved for 2007, serving 01/01/07 to 12/31/07: Sam Britton, Bob Lee and Vince Loparo. Roll call on the motion, 5 yeas. Motion Carried.
Mayor Evangelista appointed Sam Britton to the Safety Committee to serve 01/01/2007 to 12/31/2007. Other members making up the Safety Committee include the Mayor and President Pro-Tem.
Motion by Mr. Lee, seconded by Mr. Vest, that the following appointments/confirmations to the Design Review Board be approved at the designated terms: Jan Warren, 01/01/06 to 12/31/07; Denis McCloud, 01/01/06 to 12/31/07; Nancy Putzke, 01/01/07 to 12/31/08; Mike Evangelista, 01/01/07 to 12/31/07; and Jim Andersky, 01/01/07 to 12/31/07. Roll call on the motion, 5 yeas. Motion Carried.
Motion by Mr. Vest, seconded by Mr. Britton that the following appointments are made to the Board of Zoning Appeals, and said appointments be staggered for terms as designated: Don
Adams, 01/10/07 to 12/31/07; Jack Kapalka, 01/01/07 to 12/31/08; and Ray Meiester, 01/01/07 to 12/31/09. Roll call on the motion, 5 yeas. Motion Carried.
Mayor Evangelista made the following appointments to the Budget Committee for 2007: Council Members, Mayor, Administrator, Fiscal Officer and Police Chief.
Motion by Mr. Britton, seconded by Mr. Bartlett that the following appointments to the Record Commission be approved/confirmed for 2007: Administrator, Mayor, Fiscal Officer, and Denise Michaud (01/01/07 to 12/31/07). Roll call on the motion, 5 yeas. Motion Carried.
Mayor Evangelista appointed Mark Vest to the Health Department to serve 01/01/2007 to 12/31/2007. It was suggest by Bob Lee that a schedule of meetings be reviewed in advance so that Council could consider re-scheduling meetings to allow attendance at the Health Department Meetings, as we meet on the same evening.
Motion by Mr. Britton, seconded by Mr. Vest that the following appointments to the Economic Development Committee be approved/confirmed: Mayor, Administrator, Fiscal Officer, Don Bartlett, 01/01/07 to 12/31/07, and Trevor Behm, 01/01/07 to 12/31/07. Roll call on the motion, 5 yeas. Motion Carried.
Motion by Mr. Britton, seconded by Mr. Hamercheck that the following appointments to the Audit Committee be approved for 2007: Mayor, Administrator, Fiscal Officer, President Pro –Tem, and Don Bartlett, 01/01/07 to 12/31/07. Roll call on the motion, 5 yeas. Motion Carried.
Motion by Mr. Britton, seconded by Mr. Lee that the following appointments to the Senior Board approved/confirmed for the designated terms: Vince Loparo, 01/01/2006 to 12/31/07 and Mike Gehring, 01/01/07 to 12/31/09. Roll call on the motion, 5 yeas. Motion Carried.
STANDING COMMITTEES:
Ad Hoc – Mr. Lee requested that Ad Hoc Committees establish a chairperson and secretary for the taking of minutes at their first meeting. This will allow for accurate reporting at Council Meetings.
Police District Ad Hoc Committee will meet monthly. Dates are pending. Committee members include Mayor, President Pro-Tem and John Hamercheck.
Comprehensive Zoning Plan – Planning Commission Members.
Motion by Mr. Lee, seconded by Mr. Vest that the Minutes from the Regular Meeting of Council, dated December 18, 2006, be approved. Roll call on the motion, 5 yeas. Motion Carried.
Fiscal Officer Brcak presented Pay Ordinance No. 2127 totaling $28,805.04 for payroll and $5,268.00 for current and upcoming expenses. Motion by Mr. Britton, seconded by Mr. Bartlett, to approve Pay Ordinance No. 2127. Roll call on the motion, 5 yeas. Motion Carried.
Question and Answers on Pending Legislation
Richard Janco, 178 East Main Street: expressed concern about Ordinance 1-2007: Employing the Solicitor for 2007. He asked if the hourly rate was the same or lower than the previous year. Solicitor Murray volunteered that his rate was reduced over the rate of 2006. Mr. Janco also addressed Ordinance 4-2007 and 5-2007 as to what the new CIF fees would be and how long would they be charged? Administrator Zapp reviewed the proposed rates in the legislation. If the water and sewer utilities were sold, the CIF charges may not be needed. If the utilities are not sold, the charges would remain in effect to maintain and operate the plants.
Ken Takacs, 164 Huntington Woods: Questioned Ordinance 3-2007 Advance Funds. He expressed concern on the $38,109.08 from the General Fund to support loan payments. Fiscal Officer Brcak explained the mechanics of an Advance of Funds and that the water and sewer departments would be paying the General Fund back as funds permit in 2007. Exact payment dates can not be determined at this time.
Kathy Lynn, 209 West Main Street: Questioned the status of the 2007 Proposed Budget and Ordinance 1-2007 regarding Mike Murray’s employment as Solicitor. If the water and sewer utilities are sold, how will that affect the portion of his salary that is derived from water and sewer funds. Administrator Zapp explained that a financial template without the support of water and sewer is part of the planning in the sale, and Mr. Murray’s compensation along with that of other Village Administrators would need to be included.
Sue Quayle, 715 West Main Street: expressed concern of the water and sewer debt and why is it just now that something is being done to address the debt? Council needs to be responsible and look at other creative measures other than the pockets of its residents.
Larry Larson, 239 West Main Street: wished all a Happy New Year and hoped that 2007 is a good year for all. Problems with solvency of water and sewer departments are ongoing. Concern as to why the proposed 50% rate increase has been reduced, and if we sell the utilities to Lake County what would be the rate status. Ordinance 2-2007 is felt to be honorable but lacks teeth in the operations of the Village. Administrator Zapp addressed rationale for water and sewer increases and possible sale of utilities to Lake County.
Stacy Cornell, 161 East Parkway: Questioned why Council is waiting to the last minute to figure out how to pay current loans, and why was payment not planned in the budget. Mayor Evangelista said that budget cuts have been on going in the planning, and are still being considered in the 2007 budget to meet financial needs.
Old Business
ORDINANCE NO. 75-2006 status on Tabled Ordinance was reviewed. AN ORDINANCE ADOPTING A NEW EMPLOYEE HANDBOOK FOR VILLAGE EMPLOYEES, EXCEPT POLICE PERSONNEL, AND REPLACING ORDINANCE 22-1985. To remain Tabled at this time.
ORDINANCE NO. 82-2006 was read by Mr. Murray, second reading. AN ORDINANCE AMENDING SECTION 22 AND SECTION 24 OF ORDINANCE 9-2004 AND REPEALING ORDINANCE 11-2006 TO INCREASE THE RATE TO BE CHARGED
FOR WATER AND WATER SERVICE, AND DECLARING AN EMERGENCY. AMENDMENTS TO ORDINANCE 82-2006 were reviewed by Administrator Zapp. Motion by Mr. Lee, seconded by Mr. Bartlett to approve the proposed amendments to Ordinance 82-2006. Roll call on the motion to amend, 4 yeas (Lee, Bartlett, Hamercheck and Britton), 1 nay (Vest). Motion Carried.
Motion by Mr. Lee, seconded by Mr. Britton to suspend the three reading rule. Roll call on the motion to suspend, 5 yeas. Motion Carried. Motion by Mr. Britton, seconded by Mr. Lee that Ordinance No. 82-2006 be approved as amended. Roll call on the motion, 4 yeas (Lee, Bartlett, Hamercheck and Britton), 1 nay (Vest). Motion Carried.
ORDINANCE NO. 83-2006 was read by Mr. Murray, second reading. AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE 10-2004 AND REPEALING ORDINANCE 12-2006 TO ESTABLISH THE RATES TO BE CHARGED FOR SANITARY SEWER SERVICES AND DEFINING RELATED FACILITY CHARGES AND DECLARING AN EMERGENCY. AMENDMENTS TO ORDINANCE 83-2006 were reviewed by Administrator Zapp. Motion by Mr. Bartlett, seconded by Mr. Lee to approved the proposed amendments to Ordinance 83-2006. Roll call on the motion to amend, 4 yeas (Lee, Bartlett, Hamercheck and Britton), 1 nay (Vest). Motion Carried.
Motion by Mr. Lee, seconded by Mr. Bartlett to suspend the three reading rule. Roll call on the motion to suspend, 5 yeas. Motion Carried. Motion by Mr. Britton, seconded by Mr. Lee that Ordinance No. 83-2006 be approved as amended. Roll call on the motion, 4 yeas (Lee, Bartlett, Hamercheck and Britton), 1 nay (Vest). Motion Carried.
New Business
ORDINANCE NO. 1-2007 was read by Mr. Murray, first reading. AN ORDINANCE EMPLOYING MICHAEL D. MURRAY AS SOLICITOR FOR THE VILLAGE OF MADISON FOR THE PERIOD FROM JANUARY 1, 2007 THROUGH DECEMBER 31, 2007, ESTABLISHING THE COMPENSATION RATE FOR SAME, AND DECLARING
AN EMERGENCY. Motion by Mr. Britton, seconded by Mr. Vest to suspend the three reading rule. Roll call on the motion to suspend, 5 yeas. Motion Carried. Motion by Mr. Britton, seconded by Mr. Bartlett that Ordinance No. 1-2007 be approved. Roll call on the motion, 5 yeas. Motion Carried.
ORDINANCE NO. 2-2007 was read by Mr. Murray, first reading. AN ORDINANCE AMENDING THE PURCHASE ORDER POLICY FOR THE VILLAGE OF MADISON EMPLOYEES AND SUPERVISORS AND DECLARING AN EMERGENCY. Motion by Mr. Vest, seconded by Mr. Lee to suspend the three reading rule. Roll call on the motion to suspend, 5 yeas. Motion Carried. Motion by Mr. Bartlett, seconded by Mr. Lee that Ordinance No. 2-2007 be approved. Roll call on the motion, 5 yeas. Motion Carried.
ORDINANCE NO. 3-2007 was read by Mr. Murray, first reading. AN ORDINANCE AUTHORIZING THE ADVANCE OF FUNDS FROM THE GENERAL FUND TO THE WATER AND SEWER CAPITAL FUNDS AND DECLARING AN EMERGENCY. Motion by Mr. Vest, seconded by Mr. Britton to suspend the three reading rule. Roll call on the motion to suspend, 5 yeas. Motion Carried. Motion by Mr. Britton, seconded by Mr. Bartlett that Ordinance No. 3-2007 be approved. Roll call on the motion, 5 yeas. Motion Carried.
ORDINANCE NO. 4-2007 was read by Mr. Murray, first reading. AN ORDINANCE AMENDING SECTION 56 AND SECTION 26 OF ORDINANCE 9-2004 TO INCREASE THE RATE TO BE CHARGED FOR LATE PENALTY CHARGES AND THE WATER CAPITAL IMPROVEMENT FEE, AND DECLARING AN EMERGENCY. Motion by Mr. Britton, seconded by Mr. Lee to suspend the three reading rule. Roll call on the motion to suspend, 5 yeas. Motion Carried. Motion by Mr. Lee, seconded by Mr. Britton that Ordinance No. 4-2007 be approved. Roll call on the motion, 4 yeas (Britton, Hamercheck, Lee and Bartlett) 1 nay (Vest). Motion Carried.
ORDINANCE NO. 5-2007 was read by Mr. Murray, first reading. AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 10-2004 TO ESTABLISH THE RATES TO BE CHARGED FOR LATE PENALTY CHARGES AND THE SEWER CAPITAL IMPROVEMENT FEE, AND DECLARING AN EMERGENCY. . Motion by Mr. Britton, seconded by Mr. Lee to suspend the three reading rule. Roll call on the motion to suspend, 5 yeas. Motion Carried. Motion by Mr. Lee, seconded by Mr. Britton that Ordinance No. 5-2007 be approved. Roll call on the motion, 4 yeas (Britton, Hamercheck, Lee and Bartlett) 1 nay (Vest). Motion Carried.
Public Questions and Answers
Larry Larson, 239 West Main Street: Congratulated the Madison students in attendance for enduring the meeting. He expressed concerns on the assessment of late fees approved tonight for water and sewer customers. This added additional debt to people who are already trying to make
ends meet. He congratulated Mark Vest for voting NO on the water and sewer increase resolutions. He questioned the proposed revenue figures estimated for 2007 for fines and tickets. He questioned if in fact, this is putting a quota out there for our Police Department to meet. The Mayor answered stating that revenues estimated in the budget are a projections only, and do not reflect a mandate to our Police Department.
M. Janco, 178 East Main Street: Stated her disappointment in Council. She questioned if John Sample’s pending payment will be taken from water and sewer this year. She stated the proposed Charter for the Village would be a good idea to allow us to run the Village the way they want it run. She asked that Council not to turn Madison into a ghost town. Also asked, what safety measures are in place for our employees who will ultimately be on the line with the public for these increases. Administrator Zapp answered that the payment for Mr. Sample will be at direction of Council.
Gordon Musclow, 178 Willowbend: Asked for clarification on the OWDA Loans paid earlier in the day. He was of the understanding that two loans were pushed back, so why were funds needed to cover loan payment today. Fiscal Officer Brcak explained that only two of the loans could be pushed back six months. Other loans to OWDA did not qualify to be pushed back and were due for payment today.
Stacy Cornell, 161 East Parkway: Criticized Council for not thinking of others with the increase of water and sewer rates. Asked if budget or payment plans could be available to single parents living in the community that are stretched to pay bills and feed their family. Also requested that Council consider alternate meeting schedules throughout the year so that people working evenings would have opportunities to attend Council Meetings. Administrator Zapp answered regarding payment options for water and sewer bills.
Richard Janco, 178 East Main Street: Asked if there were any other loans that we were not aware of, and status of the JEDD land. Fiscal Officer Brcak stated that there are no other loans, and that all loan payments were being considered in the proposed budget for 2007. Administrator Zapp answered the JEDD land was under negotiations and the realization of funds forthcoming.
Council Reports
Mr. Britton: The next Fire Board Meeting is scheduled for January 3, 2007 at 7:30 p.m.
Mr. Hamercheck: Said that is was good to see everyone with us for this evening’s meeting.
Mr. Vest: The next Planning Commission Meeting is scheduled for January 8, 2007
At 7:00 p.m. Madison Comprehensive Planning Committee is scheduled for January 30, 2007 at 7:00 p.m. Thank you to Mr. Britton for his many years of service to the Village in the position of President Pro-Tem.
Mr. Bartlett: No Report.
Mr. Lee: Thank you to members of Council for the vote of confidence in appointing him to the
position of President Pro-Tem. Thank you to Sam Britton for 25 years of dependable
service to the Village in the position of President Pro-Tem.
Engineer’s Report
Ned Foley announced that there will be a pre-construction meeting held on Wednesday, January 3, 2007 at the Comfort Suites site.
Safety Report
Chief Forsythe reported on department statistics for 2006: (as issued)
· 41 felony offenses
· 110 misdemeanor offenses
· 146 minor misdemeanor offenses
· 1,454 traffic citations
· From these – 30 OVI offenses (1 which was a felony)
· 5,223 case numbers, of which 872 were written reports.
January 5, 2007 at 6:30 p.m. is the Densmore Auctions on North Ridge Rd. We will be auctioning off 2 vehicles seized in felony drug arrests and forfeited to the Police Department.
Administrator’s Report
Matt Zapp – January 8, 2007 at 4:30 Budget Committee Meeting. Also scheduled January 17,
2007 second meeting with Lake County regarding purchase of our water and sewer utilities. The Post Audit Meeting was held with the Auditor of State Office last week. This was a closed meeting. The Hotel paid their inspection and tap in fees of $48,000 at the end of December 2006.
Mayor’s Report
Mayor Evangelista stated that he looks forward to working with everyone during the New Year.
Upcoming Meeting Dates:
Fire Board – January 3, 2007.
Budget Committee Meeting – January 8, 2007 at 4:30 p.m.
Regular Meeting – January 16, 2007
Comprehensive Planning Committee – January 30, 2007
Motion by Mr. Vest, seconded by Mr. Hamercheck, to enter into Executive Session at 9:10 p.m., for legal matters, roll call 5 yeas, Motion Carried.
Council reconvened to Public Session at 9:45 p.m.
Motion by Mr. Bartlett seconded by Mr. Vest that the meeting be adjourned at 9:45 p.m., roll call 5 yeas, motion carried. Meeting Adjourned.