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COUNCIL MINUTES VILLAGE OF MADISON Regular Meeting July 17, 2006
Record of Proceedings
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. Mayor Evangelista requested that everyone observe a moment of silence. Council Members Mr. Britton, Mr. Buck, Mr. Hamercheck, Mr. Lee, Mr. Loparo and Mr. Vest were present. Also in attendance, Mayor Evangelista, Administrator Zapp, Solicitor Murray, Engineer Foley and Fiscal Officer Pinkert.
Motion by Mr. Vest, seconded by Mr. Britton, to approve the minutes of the regular meeting of June 26, 2006, as presented. Roll call on the motion, 5 yeas and 1 abstain (Loparo). Motion carried.
Fiscal Officer Pinkert presented Pay Ordinance No. 2115 totaling $62,842.56 for two pay periods and $67,763.56 for current and upcoming expenses. Fiscal Officer Pinkert noted that the payments listed to CT Consultants & Lake County Utilities are over $3,000.00 and will have a “Then and Now” Certificate issued. Mr. Vest inquired about the purchase of topsoil. Administrator Zapp said that it was primarily for the cemetery to backfill graves. Motion by Mr. Britton, seconded by Mr. Buck, to approve Pay Ordinance No. 2115. Roll call on the motion, 6 yeas. Motion carried.
VISITORS
Ken Tackas, 164 Huntington Woods, said that the people are very concerned about the budget and the budget process and reminded everyone that he requested some leadership from members of Council a couple of months ago when Administer Zapp expressed concerns about the financial state of the Village. Ken Tackas also said that putting multiple ordinances for tax increases on the agenda is a shotgun approach to solving the financial problems of the Village. He also urged Council to come up with a plan for fiscal responsibility and inform the residents what will be done with their money and let them decide if it is a good value.
Larry Dowler, 161 River Street, said that he has attended some of the budget meetings and requested a five year history of expenditures and that he hasn’t received it yet. He added that Mr. Tackas made some valid points.
Larry Larson, 239 W. Main Street, said that he agrees with Mr. Tackas. He added that former Administrator John Sample warned that this problem would come and recommended legal action against the people that misrepresented previous year’s budgets. Larry Larson said that in his opinion, the Police Department is over expensed. He commented on the safety of police vehicles explorers and crown victorias and requested a copy of the department’s policy for high speed chases. Larry Larson said that the Chief should drive one of the older cruisers instead of the newest car. He recommended voting no to any tax increase and let the Village go into State receivership.
Kathy Lynn, 209 W. Main Street, said that she agrees with Mr. Tackas. She added that she attended each of the budget meetings and expressed concerns that some of the Council members didn’t attend any of the budget meetings.
Kathy Lynn said that she was previously told that the Safety Committee approved the use of the car for the Chief but that individually Council members each say they didn’t. Kathy Lynn said that in her opinion, Mayor Evangelista gave the Chief the car and asked if he has that authority alone. Mayor Evangelista said that although he does support the Chief having a car, the approval for it came from Safety Committee discussions. Mr. Britton said that the car carried over from past practices. Mayor Evangelista added that when Chief Forsythe went from Acting Chief to Chief there wasn’t a salary adjustment and that the car was implied. Kathy Lynn expressed frustration and said that this situation is an example of the accountability everyone is asking for. She added that Council is asking the residents for more money but won’t explain what was done with their money in the past. Kathy Lynn asked about the timeline for Chief Forsythe’s appointment and raises. Fiscal Officer Pinkert said that Mark Forsythe was appointed Acting Chief in 2004 and on March 21, 2005 Mayor Evangelista appointed him Chief of Police and it was approved by Council. Kathy Lynn said that the ordinances are confusing and it seems Mark Forsythe did get a raise. Mr. Britton said that Chief Forsythe didn’t get a raise when he went from Acting Chief to Chief of Police.
Ron Smith, 379 Kim Drive, said that Council and the Mayor lied to the people about the events of Former Chief Matty’s departure. He also said that the Chief shouldn’t have the use of a car to go back and forth to work and that he should live in the Village. He also expressed concerns about blank legislation and said that it isn’t valid.
Debbie Prasnikar, 304 Parkway, expressed concerns about the state of affairs of the Village. She suggested finding alternative ways to maintain the Village streets and trying to increase industry in the Village. She also said that in her opinion, all of Council has a personal agenda.
Jack Lading, 603 W Main Street, said that over the past few months the Village has lost valuable employees. He also asked if any of the services will be reinstated to the Village residents. Mayor Evangelista said that the budget committee had many opinions as to how to use any new monies and that is why there is a variety of legislative items. Jack Lading also expressed concerns regarding the following:
Mayor Evangelista said that the money would have a specific purpose and that actions can’t be taken during executive session.
Maureen Smith, 379 Kim Drive, expressed concerns about the size of the Police Department and said that she was recently pulled over for bright lights in an aggressive manner and that it was unnecessary. She added that Council isn’t being accountable with the resident’s money and that the Police Budget needs to be cut.
John Murrow, 49 W. Main Street, asked where any money that is confiscated by the Police goes. Mayor Evangelista said that it is put in a Trust Fund within the Police Department.
OLD BUSINESS
ORDINANCE NO. 33-2006 was read by Solicitor Murray, third reading. AN ORDINANCE APPROVING THE PROPOSED 2007 TAX BUDGET AND DECLARING AN EMERGENCY. Motion by Mr. Loparo, seconded by Mr. Lee, to approve Ordinance No. 33-2006. Roll call, 6 yeas. Ordinance No. 33-2006 duly passed. Mr. Loparo said that the reason for items two through five on the agenda was to put place holders in place and that there isn’t an intention to pass four tax levies but that there is a time element to consider. Mr. Loparo also said that if all of Council were on the budget committee, the meetings would be subject to the sunshine laws. Mr. Lee gave an update on the process of identifying the needs of the Village and said that due to Board of Election deadlines, he suggested putting all four items on the agenda in order to discuss them. Mr. Loparo also said that a lot of suggestions have come to the Budget Committee that haven’t been forgotten and that they are trying to bring to the public a list of specific items to the public that any new revenue would be used for. Mr. Loparo asked what will happen if the tax budget isn’t approved. Fiscal Officer explained that the Village wouldn’t get its portion of the inside millage, approximately $130,000.00. Mr. Lee clarified that the tax budget isn’t a detailed budget; they are gross figures in order to get the funds certified by the Lake County Auditor. Solicitor Murray clarified that ordinances from the last meeting that have blanks can be replaced by the corresponding ordinances on the agenda. He added that they still have to be addressed one at a time. He recommended suspending the three reading rule for Ordinances No. 34-2006, 38-2006 and 39-2006 and voting “no” on approval.
ORDINANCE NO. 34-2006 was read by Solicitor Murray, second reading. AN ORDINANCE ENACTING AN ADDITIONAL ____ PERCENT (_____) TAX ON MUNICIPAL INCOME AND AUTHORIZING AND DIRECTING THE FISCAL OFFICER TO FILE A CERTIFIED COPY OF THIS ORDINANCE AND PROPOSED BALLOT FORM WITH THE LAKE COUNTY BOARD OF ELECTIONS TO PLACE THE ISSUE ON THE BALLOT FOR THE NOVEMBER 7, 2006 ELECTION. Motion by Mr. Vest, seconded by Mr. Lee, to suspend the three reading rule for Ordinance No. 34-2006. Roll call, 6 yeas. Motion passed. Motion by Mr. Lee, seconded by Mr. Buck, to approve Ordinance No. 34-2006. Roll call, 6 nays. Ordinance No. 34-2006 failed.
ORDINANCE NO. 35-2006 was read by Solicitor Murray, second reading. AN ORDINANCE AMENDING THE MADISON VILLAGE HISTORICAL PRESERVATION ORDINANCE NO. 36-2003 TO INCLUDE ADDITIONAL DUTIES OF THE DESIGN REVIEW BOARD UNDER SECTION 25.6 AND A PROVISION TO MAINTAIN A SYSTEM TO SURVEY HISTORICAL PROPERTIES UNDER SECTION 25.6.1.
ORDINANCE NO. 38-2006 was read by Solicitor Murray, second reading. AN ORDINANCE ENACTING A _______ MILL LEVY FOR THE GENERAL CONSTRUCTION, RECONSTRUCTION, RESURFACING, AND REPAIR OF STREETS, ROAD, AND BRIDGES WITHIN THE VILLAGE OF MADISON AND AUTHORIZING AND DIRECTING THE FISCAL OFFICER TO FILE A CERTIFIED COPY OF THIS ORDINANCE AND PROPOSED BALLOT FORM WITH THE LAKE COUNTY BOARD OF ELECTIONS TO PLACE THE ISSUE ON THE BALLOT FOR THE NOVEMBER 7, 2006 ELECTION. Motion by Mr. Lee, seconded by Mr. Britton, to suspend the three reading rule for Ordinance No. 38-2006. Roll call, 6 yeas. Motion passed. Motion by Mr. Vest, seconded by Mr. Buck, to approve Ordinance No. 38-2006. Roll call, 6 nays. Ordinance No. 38-2006 failed.
ORDINANCE NO. 39-2006 was read by Solicitor Murray, second reading. AN ORDINANCE ENACTING A _______ MILL LEVY FOR THE OPERATION OF THE MADISON VILLAGE POLICE DEPARTMENT AND AUTHORIZING AND DIRECTING THE FISCAL OFFICER TO FILE A CERTIFIED COPY OF THIS ORDINANCE AND PROPOSED BALLOT FORM WITH THE LAKE COUNTY BOARD OF ELECTIONS TO PLACE THE ISSUE ON THE BALLOT FOR THE NOVEMBER 7, 2006 ELECTION. Motion by Mr. Lee, seconded by Mr. Britton, to suspend the three reading rule for Ordinance No. 39-2006. Roll call, 6 yeas. Motion passed. Motion by Mr. Buck, seconded by Mr. Lee, to approve Ordinance No. 9-2006. Roll call, 6 nays. Ordinance No. 39-2006 failed.
ORDINANCE NO 40-2006 was read by Solicitor Murray, second reading. AN ORDINANCE AMENDING SECTION 12(B) OF ORDINANCE NO. 22-1985 TO ALLOW CREDIT FOR PRIOR YEARS OF SERVICE IN DETERMINING SICK LEAVE, AND DECLARING AN EMERGENCY.
NEW BUSINESS
ORDINANCE NO. 43-2006 was read by Solicitor Murray, first reading. AN ORDINANCE LEVYING ASSESSMENTS FOR THE IMPROVEMENT OF STREETS IN THE VILLAGE OF MADISON, OHIO BY SUPPLYING SAME WITH ELECTRICAL STREET LIGHTING, AND DECLARING AN EMERGENCY. Motion by Mr. Loparo, seconded by Mr. Vest, to suspend the three reading rule for Ordinance No. 43-2006. Mr. Loparo clarified that this is authorizing the Village to get street lights and pay CEI for them. Roll call, 6 yeas. Motion passed. Motion by Mr. Buck, seconded by Mr. Loparo, to approve Ordinance No. 43-2006. Roll call, 6 yeas. Ordinance No. 43-2006 duly passed.
ORDINANCE NO. 44-2006 was read by Solicitor Murray, first reading. AN ORDINANCE ENACTING AN ADDITIONAL ONE PERCENT (1%) TAX ON MUNICIPAL INCOME AND AUTHORIZING AND DIRECTING THE FISCAL OFFICER TO FILE A CERTIFIED COPY OF THIS ORDINANCE AND PROPOSED BALLOT FORM WITH THE LAKE COUNTY BOARD OF ELECTIONS TO PLACE THE ISSUE ON THE BALLOT FOR THE NOVEMBER 7, 2006 ELECTION.
ORDINANCE NO. 45-2006 was read by Solicitor Murray, first reading. AN ORDINANCE REQUESTING THE COUNTY AUDITOR TO CERTIFY TO THE VILLAGE OF MADISON THE TOTAL CURRENT TAX VALUATION OF THE VILLAGE OF MADISON, AND THE NUMBER OF MILLS REQUIRED TO GENERATE A SPECIFIED AMOUNT OF REVENUE, BEING $325,000.00 FOR PAYMENT OF CURRENT EXPENSES FOR THE GENERAL OPERATION OF THE VILLAGE OF MADISON AND DECLARING AN EMERGENCY. Administrator Zapp explained that the Village has to certify need of funds with the Lake County Auditor before an issue can be put on the ballot. After it is approved the Lake County Auditor will notify the Village with the amount of mills that will be needed for the amount funds certified. The Village can then move forward with legislation to put something on the ballot. Mr. Lee explained that the high priority items will require $250,000.00 annually and that after consideration of some other items and discussion with others, $75,000.00 was added to the total for the high priority items. Mr. Lee also suggested any levy to be put on the ballot be in effect for three years. There was a discussion regarding the following: · What type of Levy is needed · What the amount should be · Limits on the types of levies Motion by Mr. Vest, seconded by Mr. Lee, to suspend the three reading rule for Ordinance No. 45-2006. Roll call on the motion to suspend ordinance No. 45-2006, 6 yeas. Motion passed. Motion by Mr. Loparo, seconded by Mr. Buck, to approve Ordinance No. 45-2006. Roll call, 6 yeas. Ordinance No. 45-2006 duly passed.
ORDINANCE NO. 46-2006 was read by Solicitor Murray, first reading. AN ORDINANCE REQUESTING THE COUNTY AUDITOR TO CERTIFY TO THE VILLAGE OF MADISON THE TOTAL CURRENT TAX VALUATION OF THE VILLAGE OF MADISON, AND THE NUMBER OF MILLS REQUIRED TO GENERATE A SPECIFIED AMOUNT OF REVENUE, BEING $325,000.00 FOR THE GENERAL CONSTRUCTION, RECONSTRUCTION, RESURFACING, AND REPAIR OF STREETS, ROAD, AND BRIDGES WITHIN THE VILLAGE OF MADISON AND DECLARING AN EMERGENCY. Motion by Mr. Vest, seconded by Mr. Lee, to suspend the three reading rule for Ordinance No. 46-2006. Roll call, 6 yeas. Motion passed. Motion by Mr. Britton, seconded by Mr. Vest, to approve Ordinance No. 46-2006. Mr. Lee asked if the type of necessity has to be specified for the levy. Solicitor Murray said yes. There was more discussion about what should be placed on the ballot to meet the needs of the Village. Roll call on the motion to approve Ordinance No.46-2005, 2 yeas (Buck and Vest) and 4 nays (Britton, Hamercheck, Loparo and Lee). Ordinance No. 46-2006 failed.
ORDINANCE NO. 47-2006 was read by Solicitor Murray, first reading. AN ORDINANCE REQUESTING THE COUNTY AUDITOR TO CERTIFY TO THE VILLAGE OF MADISON THE TOTAL CURRENT TAX VALUATION OF THE VILLAGE OF MADISON, AND THE NUMBER OF MILLS REQUIRED TO GENERATE A SPECIFIED AMOUNT OF REVENUE, BEING $260,000.00 FOR THE OPERATION OF THE MADISON VILLAGE POLICE DEPARTMENT AND DECLARING AN EMERGENCY.
Motion by Mr. Britton, seconded by Mr. Lee, to suspend the three reading rule for Ordinance No. 47-2006. Roll call, 6 yeas. Motion passed. Motion by Mr. Lee, seconded by Mr. Vest, to approve Ordinance No. 47-2006. Roll call, 2 yeas (Buck and Vest) and 4 nays (Britton, Hamercheck, Loparo and Lee). Ordinance No. 47-2006 failed.
ORDINANCE NO. 48-2006 was read by Solicitor Murray, first reading. AN ORDINANCE REPEALING ORDINANCE 45-2006 AND REQUESTING THE COUNTY AUDITOR TO CERTIFY TO THE VILLAGE OF MADISON THE TOTAL CURRENT TAX VALUATION OF THE VILLAGE OF MADISON, AND THE NUMBER OF MILLS REQUIRED TO GENERATE A SPECIFIED AMOUNT OF REVENUE, BEING $425,000.00 FOR PAYMENT OF CURRENT EXPENSES FOR THE GENERAL OPERATION OF THE VILLAGE OF MADISON AND DECLARING AN EMERGENCY. Motion by Mr. Loparo, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 48-2006. Roll call, 6 yeas. Motion passed. Motion by Mr. Loparo, seconded by Mr. Vest, to approve Ordinance No. 48-2006. Mr. Hamercheck asked if the Budget committee will continue to meet and continue the process of studying and analyzing. Mayor Evangelista said yes. Mr. Vest suggested the Budget Committee becomes all of Council. Mr. Britton agreed and said it should be a night meeting. Mr. Vest asked if the intention is to inform the residents of what will be done with any new money. Mr. Lee suggested a Budget Committee meeting before the next regular Council meeting. Roll call on the motion to approve ordinance No. 48-2006, 6 yeas. Ordinance No. 48-2006 duly passed. Motion by Mr. Lee, seconded by Mr. Britton, to schedule a Budget Committee on July 24, 2006, at 7:00 p.m. Roll call, 6 yeas. Motion passed. Mr. Hamercheck asked if all of Council will have input at the Budget Committee meeting. Mayor Evangelista said yes.
RESOLUTION NO. 17-2006 was read by Solicitor Murray. A RESOLUTION WELCOMING AND RECOGNIZING OF THE RUSSIAN FOLK GROUP “GOLDEN GATE” IN THEIR PERFORMANCE IN THE VILLAGE OF MADISON OHIO. Mayor Evangelista explained that the group will be at the “Concert in the Park” on Thursday and that this is to welcome them. Motion by Mr. Loparo, seconded by Mr. Buck to approve Resolution No. 17-2006. Roll call, 6 yeas. Resolution No. 17-2006 duly adopted.
TOPIC: VILLAGE GLEN PHASE II
Mayor Evangelista said that the acceptance for Village Glen Phase II Plat is up for review. Solicitor Murray said that ordinance will be before Council at the next meeting. Engineer Foley recommended approval. Mr. Vest expressed concerns that the developer didn’t meet the deadline for the amount of time between when the variance was approved to when the permit was requested. He also inquired about the corporation status of American International. Bill LoPresiti from American International said that the Corporation is out of Delaware and is in good standing. He also said that the developer has no authority to pull building a permit for a home owner and inquired what permits the developer would apply for. Solicitor Murray asked what the company has been doing between 1995, when the variance was approved to the present. Bill LoPresiti said that after the preliminary plan was approved, the engineering plans were submitted, the EPA permits were approved and the construction started December 2000.
Engineer Foley noted that American International was also engaged in the Village Meadows subdivision project and that the desire to finish that project diminished the urgency to move forward in Village Glenn. He added that at that time, Council and the Planning Commission understood that the company wanted to finish one project before moving forward. He also said that although the project has taken ten years, the Company has been active in the Village. Mr. Vest said that in his opinion, he is being asked to approve something that is against Village regulations. Mr. Buck inquired what the outcome would be if this wasn’t approved and suggested the company go through the process again if there are concerns. Administrator Zapp referred to Section No. 3 Letter (H) of Ordinance No 51-1986 giving the Zoning Inspector the authority to waive the time requirement. Administrator Zapp said in the greatest interest of the Village he is waiving the twelve month time requirement for American International.
Joe Cortez, Vice President of American International, said that the company was incorporated in the State of Delaware because that it a very convenient place to incorporate. The company has operated in Ohio since the time of incorporation with a license as a foreign corporation and is in good standing in the State of Delaware as well as Ohio. He added that American International has been working in the Village of Madison on Village Meadows and Village Glenn Phase 1 and 2 in a continuous fashion.
QUESTION & ANSWERS
Larry Larson, 239 W. Main Street, asked about item #3 on the agenda. Mayor Evangelista said that it is to amend Article 25 of the Preservation District Design Review Board guidelines in order to move forward in getting a Certified Local Government Designation for the preservation District. A Certified Local Government Designation will allow grant monies to be available to the owners of the businesses inside the Preservation District. Larry Larson asked about grants for century homes on W. Main Street. Mayor Evangelista said they are not in the district. Larry Larson said that he would support adding those homes to the district in order to get grants to improve homes. Mr. Loparo said that Mr. Larson can still apply for funds from the department of the interior and that if his home was added to the Preservation District he would be subject to the Design Review Board regulations. Larry Larson said that he supports the reduction of the police force and said that there was a patrolman sitting in the back office from 7:00 to 9:00 pm.
Larry Dowler, 161 River Street, asked what responsibility the Village has for changing street lights when they become dimmer. He requested contacting CEI about it. Larry Dowler said that Council is responsible for all of the revenue. He requested a 5 year history of expenses and said he agrees that the Village should go into State receivership.
Susan Quayle, 715 W. Main Street, asked if Council has seen proof that the variance was approved and if there is a paper trail and or minutes. Mayor Evangelista said that although there isn’t a great paper trail there is an agenda and has paperwork stating when it was approved. Susan Quayle also said that when she researched American International she found that they had forfeitures in the State of Ohio and asked what that means. Joe Cortez, Vice President of American International said that it was probably another company by the same name as his organization is operating as a foreign corporation and that they don’t have any forfeitures. Mr. Loparo requested that American International provide evidence of the company being a foreign corporation and that they are paying the required taxes.
Gordon Musclow, 178 Willowbend, said that Mr. Tackas did a good job in presenting the concerns of the Village and that any income tax with reciprocity would bring a minimal amount of additional of revenue. He added that he was disappointed that none of Council knew the procedure for putting something on the ballot.
Ward Buck, 885 W. Main Street, asked if a 1 % income tax increase is being considered for the ballot that would generate $800,000.00 why the amount being considered for a levy is only $425,000.00. Mayor Evangelista said that Council is still determining the amount of need. Ward buck also said that an income tax increase wouldn’t affect most seniors because it is on earned income.
Debbie Prasnikar, 304 Parkway, said that Council can’t expect the residents to believe the Village will become accountable in three years. COUNCIL REPORTS
Mr. Britton said that there is a Senior Citizen’s Levy Campaign Fundraiser on Monday July, 24th and that Mayor Evangelista has tickets. He added there hasn’t been any indication that anything will be on the ballot for the schools. Mr. Britton said that Old Fashioned Days will start on August 3rd.
Mr. Hamercheck requested that Council as a group start to formulate a Master Plan for the Village.
Mr. Vest reported that Mr. DeRubertis expressed thanks to Officer Verdi for his efforts during a recent robbery at Pot Belly’s.
Mr. Loparo said that the Master Plan should include the Township. He also reported that there is a Fire Board meeting on July 19th.
Mr. Buck invited everyone to the Business Expo sponsored by the Madison Perry Area Chamber of Commerce at Stanton Park on July 20th.
Mr. Lee said that there is no fixed fee for putting an issue on the ballot this year but next year there will be a $1,500.00 charge per precinct to put something on the ballot.
ENGINEER’S REPORT
No Report.
SAFETY REPORT
Chief Forsythe said that the Safety department did make cuts at the initial state of the budget process including the elimination of a cruiser and not adding a 6th officer. Chief Forsythe addressed the following comments by residents:
Chief Forsythe also reported that Officer Verdi is off due to back surgery and wished him a speedy recovery. Mr. Britton asked how Officer Verdi’s position will be filled. Chief Forsythe said that for now it is being manned within the department but that some additional part time officers may have to be hired.
FISCAL OFFICER REPORT
Fiscal Officer Pinkert reported the following:
ADMINISTRATOR’S REPORT
Administrator Zapp reported the following:
MAYOR’S REPORT
Mayor Evangelista reported the following:
Mayor Evangelista announced the following dates:
Tuesday Cruise-Ins July 18, 2006 Fire Board July 19, 2006 Concert in the Park, Welcome Russian Dancers July 20, 2006 Farmer’s Market July 22, 2006 Senior Levy Fundraiser July 24, 2006
Budget Committee July 24, 2006 Neighborhood Watch June 26, 2006 Mayor’s Court July 27, 2006 Council Meeting July 31, 2006
Motion by Mr. Britton, seconded by Mr. Loparo, to hold an executive session for personnel. Roll call on the motion, 6 yeas. Mayor Evangelista said that there would be no business after executive session.
Mayor Evangelista called the meeting to order at Council Members Mr. Britton, Mr. Buck, Mr. Hamercheck, Mr. Lee, Mr. Loparo and Mr. Vest were present. Also in attendance, Mayor Evangelista and Solicitor Murray.
Motion by Mr. Britton, seconded by Mr. Lee, to adjourn Roll call, 6 yeas. Motion carried.
Dana D. Pinkert, Fiscal Officer Michael J. Evangelista, Mayor |