COUNCIL MINUTES

VILLAGE OF MADISON

Regular Meeting

July 18, 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, Officer Mussell for Chief Forsythe, Engineer Foley and Fiscal Officer Pinkert.

 

Motion by Mr. Vest, seconded by Mr. Britton, to approve the minutes of the regular meeting on July 6, 2005, as presented.  Roll call on the motion, 5 yeas and 1 abstain (Burgard).  Motion passed.

 

Fiscal Officer Pinkert presented Pay Ordinance #2093 totaling $32,313.99 for payroll and $59,860.83 for current and upcoming expenses.  

Motion by Mr. Buck, seconded by Mr. Burgard, to approve Pay Ordinance #2093.  Roll call on the motion, 5 yeas and 1 abstain (Loparo).  Motion passed.

 

 

VISITORS

 

Mayor Evangelista requested everyone limit their comments to one turn at the microphone.

 

Don Heywood, Saxton Street, gave some information regarding the US Constitution and the phrase “separation of church and state”.  He also read the prayer Reverend Alvey gave in Congress and requested the Village consider adding a brief prayer to the regular agenda. 

 

Larry Larson, 239 West Main Street, asked the following questions:

  1. Why was John Sample separated from the Village?
  2. What are the terms of John Sample’s separation package?
  3. Was it legal for Village Council to approve the package without any kind of public hearing?

Mayor Evangelista explained that there were several issues that lead to John Sample’s retirement and that he will continue to receive full pay until February, 2006 and another $60,000 over a three year period. 

Larry Larson also expressed the following concerns:

  1. Tax dollars being used to pay a severance package for an “at will” employee
  2. EBay being used for personal business during work hours
  3. Water/Sewer rates being increased to fund John Sample’s severance package

Larry Larson requested a written explanation from each Councilman regarding the approval of John Sample’s severance package

 

Richard Janco, 178 East Main Street, said that there shouldn’t be a limit to the number of times someone can comment because sometimes information comes up during the meeting that brings questions to mind.  Richard Janco also asked about items on the agenda regarding additional appropriations and compensation for Village employees.

Fiscal Officer Pinkert explained that the appropriation ordinances are amendments for previous ordinances to correct numbers submitted to the County Auditor.

 

 

She added that the previous ordinance included prior year encumbered amounts and shouldn’t have.  Mayor Evangelista said that the compensation ordinances are to consider pay increases for the village employees.

Richard Janco also asked if Chief Forsythe would be here during Old Fashioned Days.  Mayor Evangelista said yes.

 

Stephanie Cassity, River Street, expressed concerns about paying John Sample $60,000 and also had a complaint about a fire truck horn in the middle of the night.  She said there is no reason to continuously hit the horn at 2:30 am.  Mayor Evangelista said that her complaint would be relayed to the Fire Board.

 

Maureen Smith, Kim Drive, said that Mayor Evangelista was questioned at the last meeting about where the money to pay John Sample will come from and that he said at that time it wasn’t clear.  She also expressed concerns that John Sample may have intimidated Council into giving him a large severance package and that Council is setting a precedent by paying employees severance at departure.

 

Vivian Heywood, Saxton Street, said that she supports Don Heywood’s request to have a brief prayer added to the agenda.

 

Mayor Evangelista requested an executive session in order to discuss budgetary and personnel issues.

Motion at 7:32 pm by Mr. Britton, seconded by Mr. Loparo, to adjourn for executive session to discuss budgetary and personnel issues.

Roll call on the motion, 6 yeas.  Motion passed.  Mayor Evangelista informed everyone that there would be business after executive session.

Mayor Evangelista called the meeting to order 8:29 pm.  Council Members Mr. Britton, Mr. Buck, Mr. Burgard, Mr. Loparo, Mr. Toward and Mr. Vest were present. Also in attendance; Mayor Evangelista, Officer Mussell for Chief Forsythe, Engineer Foley and Fiscal Officer Pinkert.

 

 

OLD BUSINESS

 

ORDINANCE NO. 29-2005 was read by Mayor Evangelista, third reading. AN ORDINANCE TO APPROVE, ADOPT AND ENACT NEW TRAFFIC AND GENERAL OFFENSES CODES; AND DECLARING AN EMERGENCY. 

Motion by Mr. Loparo, seconded by Mr. Buck, to approve Ordinance No. 29-2005.  Roll call, 6 yeas.  Ordinance No. 29-2005 duly passed.

 

ORDINANCE NO. 33-2005 was read by Mayor Evangelista, second reading.  AN ORDINANCE ACCEPTING THE RESIGNATION OF JOHN D. SAMPLE AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH JOHN D. SAMPLE FOR RESOLUTION OF ANY EMPLOYMENT ISSUES AND DECLARING AN EMERGENCY.

 

 

 

 

 

 

 

NEW BUSINESS

 

ORDINANCE NO. 34-2005 was read by Mayor Evangelista, first reading.  AN ORDINANCE AMENDING ORDINANCE NO. 27-2005 FOR ADDITIONAL APPROPRIATIONS IN ORDER TO CORRECT FIGURES SUBMITTED TO THE COUNTY AUDITOR.

 

ORDINANCE NO. 35-2005 was read by Mayor Evangelista, first reading.  AN ORDINANCE AMENDING ORDINANCE NO. 32-2005 FOR ADDITIONAL APPROPRIATIONS IN ORDER TO CORRECT FIGURES SUBMITTED TO THE COUNTY AUDITOR.

Mr. Loparo informed everyone that Village income tax revenue is running 35% ahead of what was originally estimated.  This allowed the trash pick-up to be re-established.  He added that Council will periodically make adjustments to the budget and that those adjustments have to be reported to the County Auditor.

 

ORDINANCE NO. 36-2005 was read by Mayor Evangelista, first reading. AN ORDINANCE APPROVING THE PROPOSED 2006 TAX BUDGET AND DECLARING AN EMERGENCY. 

Motion by Mr. Vest, seconded By Mr. Loparo, to suspend the three reading rule for Ordinance No. 36-2005.  Roll call, 6 yeas.  Motion passed.  Motion by Mr. Toward, seconded by Mr. Buck, to approve Ordinance No. 36-2005.  Roll call, 6 yeas.  Ordinance No. 36-2005 duly passed.

 

ORDINANCE NO. 37-2005 was read by Mayor Evangelista, first reading. AN ORDINANCE ESTABLISHING THE HOURS OF WORK AND RATE OF PAY FOR VARIOUS MUNICIPAL EMPLOYEES OF THE VILLAGE OF MADISON.

 

ORDINANCE NO. 38-2005 was read by Mayor Evangelista, first reading. AN ORDINANCE ESTABLISHING THE HOURS OF WORK AND RATE OF PAY FOR ALL MEMBERS OF THE SAFETY FORCES OF THE VILLAGE OF MADISON.

 

ORDINANCE NO 39-2005 was read by Mayor Evangelista, first reading.  AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE 31-2005, PASSED JUNE 20, 2005, PROVIDING FOR THE ISSUANCE AND SALE OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE SET FORTH THERIN, AND DECLARING AN EMERGENCY.

Mr. Loparo informed everyone that this is to shorten the time period of the note and attempt to get a long term OWDA loan.  He added that by doing this it will save the Village money.

Motion by Mr. Loparo, seconded By Mr. Britton, to suspend the three reading rule for Ordinance No. 39-2005.  Roll call, 6 yeas.  Motion passed.  Motion by Mr. Vest, seconded by Mr. Loparo, to approve Ordinance No. 39-2005.  Roll call, 6 yeas.  Ordinance No. 39-2005 duly passed.

 

RESOLUTION NO 20-2005 was read by Mayor Evangelista.  A RESOLUTION RECOGNIZING LENNY KRAMER OF KRAMER PRINTING FOR HIS GENEROUS DONATION TO THE MADISON SENIOR CENTER. 

Motion by Mr. Britton, seconded by Mr. Burgard, to approve Resolution No. 20-2005.  Roll call, 6 yeas.  Resolution No. 20-2005 duly adopted. 

 

 

 

 

COUNCIL REPORTS

 

Mr. Britton said that he is concerned about yard sale signs not being removed after the sale and skateboarders in the Village Park.  He requested closer monitoring of those problems.

Mr. Britton announced that Old Fashioned Days are August 4-7, 2005.  He added that plaques have been purchased in memory of former Old Fashioned Days Director Johnnie Ray, Cruise-in coordinator and sponsor Chuck Payne and requested permission to place them in the park.  He added that there is also a plaque for Officer James Whipple and requested permission to place it near the police department entrance.  Motion by Mr. Burgard, seconded by Mr. Toward approving the placement of two plaques in the park and one near the police department entrance in memory of Johnnie Ray, Chuck Payne and Officer James Whipple.  Roll call 5 yeas and 1 abstain (Britton).  Motion passed.  Mr. Britton thanked Council.

 

Mr. Toward, no report.

 

Mr. Vest, in response to citizen’s comments, said that he does empathize with citizens’ unhappiness. Madison Village has grown into a large community with a multi-million dollar budget and that Council is considering a restructure in order to make the Village more accountable.

 

Mr. Loparo added to Mr. Vest’s statements saying that Madison is a representative form of government and that Council has a responsibility to the citizens to maintain a balanced budget.  He added that priorities are for public safety, infrastructure and lifestyle issues all while trying to keep taxes in line.  Mr. Loparo said that these tasks are accomplished by Council as representatives of all of the citizens. Mr. Loparo also said that he does want to hear comments and concerns from residents but that threats will fall on deaf ears. 

 

Mr. Buck said that John Sample was approximately 8 months short of retirement, that it is only fair to allow his pay to continue in order to get his retirement and that his severance package was in line with a standard 1 year package.  He added that Council has to have a 3/5 vote to discharge an at will employee and that they didn’t have that.

 

Mr. Burgard said that he reiterates other Councilmen’s comments and that Council did what they thought was right for the Village.  He also reported that there is Fire Board meeting on Wednesday at 7:30 pm at the Township Hall.

 

Mr. Vest commented on the issue of nepotism that was raised at a previous meeting.  He said that he thinks it was directed toward Mr. Burgard and wanted to clarify that Rae Jean Burgard was the Senior Center Director long before Mr. Burgard was elected by the people as a councilman.  Mr. Buck added that Mr. Burgard does abstain on issues that involve the Senior Center.

 

 

ENGINEER’S REPORT

 

Engineer Foley gave updates on Bear Path, Village Glenn Phase II, Huntington Woods Phase II and Sweet Brier.

Engineer Foley also reported that Edwards Street was never formally dedicated and that there is an issue with the developer of Sweet Brier.

 

 

 

Mayor Evangelista said that it would be to the advantage of the Village to formally dedicate Edwards Street and that in the interim, Solicitor Murray can address the issue.

Engineer Foley said that a draft copy is available for the revised general plan for the WWTP and requested a meeting to discuss funding for the expansion.

Mayor Evangelista inquired about the paving schedule.  Engineer Foley said that according to the schedule, the final paving should be in progress.

 

 

SAFETY DEPARTMENT REPORT

 

No Report

 

 

FISCAL OFFICER REPORT

 

Fiscal Officer Pinkert reported the following:

  1. Monthly financial reports for June 2005 were distributed on July 6th and that Council should review them and contact her with any questions.
  2. The 2002-2003 audit was released by the Auditor of State on June 28, 2005.  It can be viewed and downloaded form the Auditor of State’s web-site and that there is a copy on the back shelf.
  3. Although the audit was more of the same and there was one finding for recovery, the finding to repay the bond fund from the general fund will have biggest financial impact on the Village.
  4. The Village is in need of new utility billing software, two quotes have been distributed and direction from Council is requested.

Motion by Mr. Loparo, seconded by Mr. Toward, directing Fiscal officer Pinkert to review both quotes and research companies in order to submit a recommendation to Council.  Roll Call, 6 yeas. Motion passed. 

 

 

MAYOR’S REPORT

 

Mayor Evangelista reported the following:

 

  1. Will be working with Solicitor Murray for bids for salt
  2. Junk Pick-up is Saturday and starts at 7:00 am
  3. The Village is getting closer to goal of being a designated “quiet –zone”

 

Motion by Mr. Vest, seconded by Mr. Britton, to adjourn.  Roll call, 6 yeas. Meeting adjourned at 9:10 p.m.

 

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