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COUNCIL MINUTES VILLAGE OF MADISON Regular Meeting July 23, 2007
Record of Proceedings
Mayor Evangelista called the meeting to order at 6:35 p.m. Council Members Mr. Britton, Mr. Bartlett, Mr. Hamercheck, Mr. Lee, Mr. Loparo and Mr. Vest were in attendance. Also in attendance, Mayor Mike Evangelista, Solicitor Mike Murray, Administrator Matt Zapp, Fiscal Officer Brenda Brcak, Police Chief Mark Forsythe.
Motion by Mr. Vest, seconded by Mr. Britton to enter into Executive Session at 6:35 p.m. for legal matters. Roll call on the motion, 6 yeas. Motion carried.
Reconvened to Public Session at 7:22 p.m.
A recess was held to 7:30 p.m.
Mayor Evangelista called the meeting back to order at 7:30 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, Mr. Loparo and Mr. Vest were in attendance. Also in attendance, Mayor Mike Evangelista, Solicitor Mike Murray, Administrator Matt Zapp, Fiscal Officer Brenda Brcak, Police Chief Mark Forsythe and Engineer Ned Foley.
Motion by Mr. Vest, seconded by Mr. Britton that the Minutes from the 2008 Tax Budget Hearing, dated July 9, 2007 be approved. Roll call on the motion, 6 yeas. Motion carried.
Pay Ordinance No. 2140 was presented, including the payrolls of $27,073.55 for July 13, 2007, and $72,980.88 for current and upcoming expenses was presented by Fiscal Officer Brcak. Motion by Mr. Britton, seconded by Mr. Vest, to approve Pay Ordinance No. 2140. Roll call on the motion, 6 yeas. Motion carried.
Questions and Answers on Pending Legislation
None.
Old Business
ORDINANCE 28-2007 was read by Solicitor Murray, (Tabled). AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND FISCAL OFFICER TO ENTER INTO AN AGREEMENT WITH VELOTTA PAVING COMPANY FOR THE REPAIR OF SAFFORD STREET AND DECLARING AN EMERGENCY. Motion by Mr. Loparo, seconded by Mr. Lee that Ordinance 28-2007 be un-tabled. Roll call on the motion, 6 yeas. Motion carried.
Motion by Mr. Loparo, seconded by Mr. Bartlett that Ordinance 28-2007 be approved for passage. Roll call on the motion, 6 yeas. Motion Carried.
ORDINANCE 32-2007 was read by Solicitor Murray, second reading. AN ORDINANCE REQUIRING INDIVIDUALS AND ENTITIES THAT PERFORM CONSTRUCTION WORK FOR THIRD PARTIES WITHIN THE VILLAGE OF MADISON OHIO TO REGISTER SO THAT ANY AND ALL APPLICABLE LOCAL INCOME TAXES WILL BE COLLECTED.
New Business
ORDINANCE 34-2007 was read by Solicitor Murray, first reading. AN ORDINANCE CERTIFYING DELINQUENT SANITARY SEWER CHARGES, WATER RENTS, AND REFUSE AND GARBAGE COLLECTION FEES TO THE LAKE COUNTY AUDITOR FOR COLLECTION AS OTHER MUNICIPAL TAXES ARE COLLECTED, AND DECLARING AN EMERGENCY. Motion by Mr. Loparo, seconded by Mr. Hamercheck that the three reading rule be suspended. Roll call on the motion, 6 yeas. Motion carried.
Motion by Mr. Vest, seconded by Mr. Loparo that Ordinance 34-2007 be approved for passage. Roll call on the motion, 6 yeas. Motion carried.
ORDINANCE 35-2007 was read by Solicitor Murray, first reading. AN ORDINANCE ENACTING A TRANSIENT GUEST BED TAX IN THE VILLAGE OF MADISON PROVIDING FOR RATE OF TAX, EXEMPTIONS, PENALTIES AND FOR ITS COLLECTION AND ADMINISTRATION.
Mr. Loparo requested summary clarification from Solicitor Mike Murray. Solicitor Murray updated this Ordinance is from a “Hotel” to a “Transient Occupancy” Tax. Bed and Breakfasts are included, as are any occupancy of two rooms or more. An effective date of October 1, 2007 is included. Mr. Loparo requested that this Ordinance be allowed to run the three readings. Agreed.
RESOLUTION 18-2007 was read by Solicitor Murray. A RESOLUTION DIRECTING THE FISCAL OFFICER TO WORK WITH THE OHIO BUREAU OF WORKERS COMPENSATION AGENCY TO CREATE AND IMPLEMENT AN APPROVED DRUG FREE WORKPLACE PROGRAM FOR ALL PERSONNEL COVERED UNDER THE VILLAGE OF MADISON WORKER’S COMPENSATION POLICY, AND DIRECTING THE SOLICITOR TO CREATE AN ORDINANCE FOR ENACTMENT. Motion by Mr. Loparo, seconded by Mr. Vest that Resolution 18-2007 be approved. Roll call on the motion, 6 yeas. Motion Carried.
RESOLUTION 19-2007 was read by Solicitor Murray. A JOINT RESOLUTION OF SUPPORT TO CREATE DEVELOPMENT INCENTIVE AREAS AT THE INTERSECTION OF SR 528 AND INTERSTATE 90. Motion by Mr. Bartlett, seconded by Mr. Lee that Resolution 19-2007 be approved. Roll call on the motion, 6 yeas. Motion carried.
Visitor Comments
Jack Lading – 603 West Main St.: Regarding areas of the Budget and the last Budget Committee Meeting: Questioned if the Chief was aware of the financial constraints in lieu of his recent requests. · A requested stipend of $150 was requested for potential identify theft concerns. Mayor Evangelista stated that this must go before Council for approval. A one year stipend is being considered, and then addressed on a second year basis if needed. · Request a pay increase in lieu of having his administrative vehicle revoked. Mayor Evangelista updated that this is an item for Council in Executive Session. · Request for mileage allowance to and from work to home.
Mr. Lading stated that raises should be based on merit. A status update was requested pertaining to the unauthorized use of Auxiliary Funds. Solicitor Murray reported that this issue is being reviewed by the County Prosecutor’s Office. Interviews of Auxiliary Personnel are being conducted.
Larry Larson, 239 West Main Street: Addressed areas of Safety. In the area of identity theft, it was pointed out that the State of Ohio is also facing theft of social security numbers. Why would the Village give more to the Chief than what the State feels is fair and equitable? As for mileage to and from home, Council was reminded that the Federal Government does not allow for mileage to and from work within the tax code.
Mr. Larson requested clarification of the Fire District and not all employees within the Village having the same 1% withholding. Fiscal Officer Brcak stated that all employees paid through the Village of Madison books are withheld at 1%. This includes full and part time. Mr. Lee updated that he has recently learned that the Fire District only follows the 1% with holding for full time staff. Part timers are withheld differently. This and other practices are currently being researched by the Fiscal Officer with CCA. Mr. Loparo commented that any Fire District employee who is a resident of the Village, pays 1%, no matter if they are full or part time.
Kathy Lynn, 209 West Main Street: Question under what authority level, was the Chief of Police given an administrative vehicle upon hiring, as this is not listed in the hiring Ordinance? It was also asked of the Solicitor, does the Mayor or Council have the authority to give a raise or a car to an employee without an Ordinance and approval.
Mr. Britton stated that this was part of the hiring package that was offered and accepted by the Chief at the time of his hiring. It had been discussed by Council in advance of the Chief’s hiring. Mayor Evangelista stated that these terms and conditions were part of the Chief’s hiring agreement. All of Council was made aware of the specifics in advance of the hiring Ordinance. Mr. Vest stated that he was not made aware of the same.
Larry Dowler, 161 River St.: Questioned the increase in his water/sewer bill. Was this approved by Council? Fiscal Officer Brcak answered that a rate increase had gone into effect for water. sewer and the respective capital improvement funds. The increase was needed to pay down the debt payments required in those funds. Mayor Evangelista answered that yes, Council had
approved a water and sewer increase in January 2007, which were reflected in starting in March 2007.
Administrator Zapp reviewed the payment schedules with OWDA. The lack of building and tap- in revenues have created the need for the increases to maintain solid funding and operations as well as meeting our debt requirements.
Richard Janco, 178 East Main St.: Requested status update on the performance evaluation of Chief Forsythe. Mayor Evangelista updated that the performance evaluation was completed and awaiting the Chief’s signature.
Gordon Musclow, 178 Willowbend – Questioned members of Council regarding pending negotiations with Lake County on the sale of the Water/Sewer Plant. Will a plan be put together beforehand that would include infiltration. Mr. Britton, Mr. Vest and Mr. Hamercheck stated YES. Remaining Council members were in agreement. Engineer Foley reported that the numbers are always under review and constant update, as not all spots are known.
Mr. Musclow also requested information on the Hotel site. Mr. Loparo answered unofficially that the Hotel has had some problems with financing. It is now anticipated that there will an opening in the Spring of 2008.
Council Reports
Mr. Britton: Congratulated Administrator Zapp and the Village for a good job with planning for the Madison-Perry Chamber of Commerce Business Social.
Mr. Hamercheck: The Rec Board will be meeting Thursday evening at 8:00 p.m. The Rec Board will also being conducting a Child Identification program during Old Fashioned Days. Other discussions include: · Like Mr. Loparo, he too has a passion for safety, but noted that we must proceed conservatively. Any surplus that we may have in finances can not be counted on at this time. Our past experiences with CCA have proven that, including the latest $33,000 error in tax revenue distributions. · To Mr. Dowler: In the past we were selling our services at less than what we were paying for them. The Village can not continue that practice any longer. The Village has found itself at the brink of financial disaster.
Mr. Vest: Planning Commission meeting – August 13, 2007 at 7:00 p.m.
· To Jack Lading: Hope he was able to get his questions answered. · To Larry Dowler: He would be happy to share a one page summary sheet of the Village’s debt schedule outline. · To Larry Larson: Today is the first time that he has had knowledge of the less than 1% tax withholding issue at the Fire District. He too is interested in learning how this has been permitted. · Mr. Loparo: · Fire District Meeting – August 15, 2007
Mr. Bartlett: Stated he is back from vacation. The Budget Committee has been very involved in financing issues facing the Village.
Mr. Lee: Stated that at the Budget Committee Meeting, it had been discussed only a one year stipend to Chief Forsythe for $150.00, for identity theft protection. This was also his level of support. Any other needs for extended time can be addressed as needed.
Motion by Mr. Lee, seconded by Mr. Bartlett, that Resolution 20-2007 be approved. That would direct the Fiscal Officer to accept a charge to Chief Forsythe for up to $150 for identify theft protection, to be paid by December 31, 2007.
Mr. Hamerchek referred to the treatment given to Kim and Brice M ock pertaining to the potential liability of identity theft created by our Police Department, in a previous occurrence. Why would we treat the Chief’s potential claim to a different degree of seriousness, than what was given to the Mock’s?
Mr. Hamercheck moved that Resolution 20-2007 be tabled until the Chief returns. Mr. Vest seconded the motion to table. Roll call on the motion to table, 4 yeas (Mr. Bartlett, Mr. Hamercheck, Mr. Lee and Mr. Vest), 2 nays (Loparo and Britton). Motion carried.
Engineer’s Report
Engineer Ned Foley updated that there is an upcoming pre-construction meeting for the Senior Center Parking Lot Expansion. An Issue 2 meeting is also up and coming, that would address the Safford Street resurface.
Safety Report
No Report.
Fiscal Officer Report
Fiscal Officer reported that CCA had made an error in the June 2007 distribution of funds. The error resulted from the distribution of $156,000 in June 2007, which we had an anticipated $104,000. Before including the revenue in any reports or releases, a request for reconciliation was made to CCA. The reconciliation came back showing an over distribution of $33,000 in revenue. Adjustments will be made to the July and August 2007 distributions to make restitution for the overpayments.
Administrator’s Report
Administrator Zapp thanked all who helped make the first Madison-Perry Business Social happen. A great deal of planning went into this first year event, and all went well until the rains came in. All fund received from that event are going to support the Concert in the Park Series.
Madison Old Fashion Days are scheduled for August 2 – 5, 2007 in the park. We will be involved in park preparations.
Thank you to Jack Roth for donated repairs made to the cemetery equipment.
Mayor’s Report
Mayor Evangelista updated that the Board of Elections are considering moving the Stratton poling location to the Senior Center. Rae Jean Burguard has no problems hosting the new poling site.
Middle Ridge is in need of street repairs and striping. We also need to clean up in the ally that runs behind Village Hall. This is being looked at a joint project between scout groups and public.
The Mayor thanked Council for their support of Resolution 19-2007. This is the first step in working in conjunction with the Madison School Board on Economic Development Incentives for our area.
Upcoming Dates
- 7/24/2007 – Economic Development - 7/26/2007 – Mayor’s Court. Planning Commission – 7:00 p.m. - 7/28/2007 – Market in the Park
Motion by Mr. Britton to enter into Executive Session at 8:55 p.m. for Legal Matters and Matters of Personnel, seconded by Mr. Hamerchek. Roll call on the motion, 6 yeas. Motion carried.
Council reconvened to Public Session at ___________ p.m.
Motion by Mr. __________, seconded by Mr. ___________ to adjourn the meeting at _______ p.m. Roll call on the motion, 6 yeas, Motion carried. |