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COUNCIL MINUTES VILLAGE OF MADISON Regular Meeting July 9, 2007
Record of Proceedings
Mayor Evangelista called the meeting to order at 7:15 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 Eric Haibach.
Motion by Mr. Lee, seconded by Mr. Loparo that the Minutes from the Regular Meeting of Council, dated June 18, 2007 be approved. Roll call on the motion, 6 yeas. Motion carried.
Pay Ordinance No. 2139 was presented, including the payrolls of $31,873.31 for June 15, 2007, $27,544.25 for June 29, 2007 and $236,380.64 for current and upcoming expenses was presented by Fiscal Officer Brcak. Mr. Hamercheck questioned the payment of $1,200 to Atwell’s for the purchase of bulletproof vests. He was of the understanding that grant funds were allocated to the purchase. Chief Forsythe confirmed that grant funds were being utilized on a reimbursement basis. Once we pay for the vest and submit proof of payment, we will be reimbursed. Motion by Mr. Vest, seconded by Mr. Britton, to approve Pay Ordinance No. 2139. Roll call on the motion, 6 yeas. Motion carried.
Keith Jones, Director of Lake County Storm Water Management, gave a presentation on Phase II Implementation of EPA regulations.
Mr. Jones updated on the Lake County Storm Water Management cooperative program that is operated through Lake County. Currently fourteen of the nineteen communities in Lake County requiring Phase II implementation, are part of the voluntary cooperative program. By sharing resources and equipment, the expense burden is lessened to municipalities.
Revenues sources for the program are derived from assessments to property owners in the municipality. Costs are $30.00 per year per resident (land owner). Commercial and Exempt properties are calculated on formula basis. No cost increase is anticipated to the fee structure in the future. It is anticipated that the Village of Madison would generate $100,000 to $120,000 per year. 50% to 60% would be our estimated return for services.
Arcola Creek in Madison Village would be of primary address. Four to five of our drainage areas dump into the main Arcola Creek waterway. Our program would mirror what is currently being done in Perry (based on size).
Jim Gills, County Engineer was introduced and reviewed the history of the program and establishment of levels.
Following the presentation questions were entertained:
Mr. Hamercheck asked for a review of the six points of the program. They were given as 1) education, 2) group projects, 3) testing of outfall plants, 4) construction site run-off (paid by the contractor), 5) post construction site control (paid by the contractor) and 6) pollution and good housekeeping (training of village staff).
Mr. Bartlett suggested that we invite Mr. Jones and Mr. Gills back at a later date to conduct a workshop for Council and residents, as there were a number of questions and further information needed.
Kathy Lynn, 209 West Main St. asked for clarification from Mr. Jones on the costs. Is the $30 resident assessment based on property owner, or parcel? Mr. Gills confirmed that the assessment is based on residential unit that would include house, garage, driveway etc.
Richard Janco - 178 East Main St., stated that he felt mislead. Out structures on agricultural properties would be assessed at the higher calculated rate based on definition. Mr. Gills confirmed that structures on agricultural grounds would be on the calculated basis. Also duplex houses would be considered two residential units and apartment complexes would be based on the number of residential units housed.
Mr. Janco asked how rates are set and what guarantee do we have on rates staying the same. Mr. Jones answered that all rates are set by the County Commissioners, and they do not want to increase the fee per residential unit.
Joe Paquin asked if the program would jeopardize any Federal Funds or Insurance on Flood Plain Zone. Mr. Jones responded that the two were not involved with each other in any way.
Larry Larson, 239 West Main St. wanted it to be on record that he did not get his questions addressed.
Questions and Answers on Pending Legislation
None.
Old Business
ORDINANCE 25-2007 (Tabled) AN ORDINANCE ENACTING A HOTEL TAX IN THE VILLAGE OF MADISON OHIO PROVIDING FOR THE RATE OF TAX, COLLECTION, ENFORCEMENT, AND PENALTIES FOR ADMINISTRATION. Motion by Mr. Bartlett seconded by Mr. Vest to un-table Ordinance 25-2007. Roll call on the motion to un-table, 6 yeas. Motion carried.
Mr. Bartlett summarized the discussion from the last meeting, to which this ordinance was tabled. It was suggested that instead of calling this a “Hotel” tax that “Bed” tax would be the correct terminology.
Solicitor Murray reviewed the ordinance and definition that this is being presented as a Hotel Tax and establishments with five or less rooms are excluded. Council can amend to capture whatever it wishes.
Mr. Bartlett questioned according to Section 1A, if “more than one room”, what do we collect?
Solicitor Murray confirmed that this is a Hotel Tax. Five rooms or more we would collect 3%; based on one room, there would be no collection.
Mr. Bartlett addressed discussions from the Budget Committee. The discussions at those meetings directed all rooms to be included in the collection.
Mr. Vest confirmed Mr. Bartlett’s comments as to the Budget Committee intentions. It was the intent of the committee for this to be a tax for occupancy.
Mr. Lee agreed with Mr. Bartlett and Mr. Vest. He suggested that the terminology of “Occupancy Tax” be considered in the place of “Hotel” or “Bed” tax, and the definition be amended to read “two rooms or more”.
Mr. Loparo stated that the County legislation does include Bed and Breakfasts in their collection. He further stated that he believed the county would not be able to collect on occupancy once our tax is in place. Administrator Zapp confirmed that as correct.
Solicitor Murray suggested that Ordinance 25-2007 be brought back to Council with the new terminology and definition of two rooms or less. It was recommended that Council defeat the motion on the table.
Motion by Mr. Lee seconded by Mr. Bartlett that Ordinance 25-2007 be approved for passage. Roll call on the motion, 2 yeas (Britton and Loparo) 4 nays (Bartlett, Lee, Vest and Hamercheck). Motion defeated.
ORDINANCE 27-2007 was read by Solicitor Murray, third 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. Vest seconded by Mr. Hamercheck that Ordinance 27-2007 be approved. Roll call on the motion, 6 yeas. Motion carried
ORDINANCE 28-2007 was read by Solicitor Murray, third reading. 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. Lee, seconded by Mr. Vest that Ordinance 28-2007 be tabled. Roll call on the motion 6 yeas. Motion carried.
New Business
ORDINANCE 30-2007 was read by Solicitor Murray, first reading. AN ORDINANCE APPROVING THE PROPOSED 2008 TAX BUDGET AND DECLARING AN EMERGENCY. Motion by Mr. Loparo, seconded by Mr. Hamercheck that the three reading rule be suspended. Roll call on the motion, 5 yeas (Britton, Bartlett, Lee, Loparo and Hamercheck) 1 nay (Vest). Motion carried.
Motion by Mr. Loparo, seconded by Mr. Britton that Ordinance 30-2007 be approved. Roll call on the motion, 5 yeas (Britton, Bartlett, Lee, Loparo and Hamercheck) 1 nay (Vest). Motion carried.
ORDINANCE 31-2007 was read by Solicitor Murray, first reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND FISCAL OFFICER TO ENTER INTO THE COMMERCIAL LEASE AGREEMENT WITH THE LAKE COUNTY GENERAL HEALTH DISTRICT: WOMEN, INFANTS AND CHILDREN PROGRAM. Motion by Mr. Lee seconded by Mr. Bartlett that the three reading rule be suspended. Roll call on the motion, 6 yeas. Motion carried.
Motion by Mr. Bartlett, seconded by Mr. Lee that Ordinance 31-2007 be approved. Roll call on the motion, 6 yeas. Motion carried.
ORDINANCE 32-2007 was read by Solicitor Murray, first 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. Motion by Mr. Vest, 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. Hamercheck that Ordinance 32-2007 be approved.
Mr. Lee questioned the level of responsibility.
Solicitor Murray responded that the Administrator and Chief of Police are named as the levels of responsibility in the legislation. (Later corrected to Tax Administrator or Finance Director and Chief of Police).
Mr. Lee questioned what level of contractors would this legislation effect?
Mr. Vest responded that this legislation was requested and intended to effect new construction from the ground up. The legislation addresses any construction that would require a permit to be obtained by Village Hall.
Solicitor Mike Murray confirmed that the legislation addressed all new construction that would need to pull a permit from Village Hall.
Mr. Vest continued that this was the 1099 Legislation that he had proposed. The purpose was for new construction from the ground up.
Questions and discussions continued on what level of construction would be required under this legislation, and what would be deemed a Third Party Contractor? How would this legislation affect a contractor doing renovations or room additions? How would this legislation be policed? Mr. Britton used the example of a room addition and how would the plumber, heating contractor and roofers be affected in question of level of payment responsibility.
Following further questions and discussions on contractors, sub contractors and exemption laws, Mr. Hamercheck removed his second; Mr. Vest removed his motion for suspension. Back to 1st reading status.
ORDINANCE 33-2007 was read by Solicitor Murray, first reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND FISCAL OFFICER TO ENTER INTO AN AGREEMENT WITH OHIO PAVING AND CONSTRUCTION COMPANY, INC. TO INSTALL THE MADISON SENIOR CENTER PARKING LOT, AND DECLARING AN EMERGENCY. Motion by Mr. Loparo, seconded by Mr. Hamercheck that the three reading rule be suspended. Roll call on motion, 6 yeas. Motion carried.
Motion by Mr. Lee, seconded by Mr. Vest that Ordinance 33-2007 be approved. Roll call on the motion, 6 yeas. Motion carried.
RESOLUTION 17-2007 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. Loparo for passage of Resolution 17-2007.
Mr. Hamercheck requested a copy of the proposed Development Incentive Plan, as copies had not been distributed prior to today’s meeting. The Mayor responded that copies were provided under a memorandum sent in March 2007.
Mr. Hamercheck responded that he had not seen a copy of the proposed document, and felt other Council Members had not been provided copies.
The Mayor will distribute. The resolution died for lack of a second.
Motion by Mr. Britton, seconded by Mr. Vest that that the request for a $4,000 purchase order to Cashen to complete concrete repairs within the Village be approved. Roll call on the motion, 6 yeas. Motion Carried.
Motion by Mr. Lee, seconded by Mr. Vest that the following quarterly blanket purchase orders in excess of $2,000, be approved for July – September 2007, as required by Ordinance:
Illuminating Co. Electric $ 28,300.00 Illuminating Co. Street Lighting 20,000.00 Redmond, Walker & Murray Legal – General 6,000.00 Legal – Safety 5,500.00 Lake County Dept. of Utilities Water Consumption 60,000.00 Waste Management Garbage Services 22,800.00
Roll call on the motion, 6 yeas. Motion carried.
Visitor Comments
Larry Dowler – 161 River Street: Requested that Council and Administration use the microphones as a courtesy to the audience. In other questions, Mr. Dowler asked for information on why we are repairing sidewalks considering our financial limitations. Also, for the pending EPA requirements, why doesn’t the Federal or State pay for this?
Gordon Musclow, 178 Willowbend - Shared data and charts on operations and the levels of the Waste Water Treatment Plant. It was reported, currently the plant is working at 60% capacity. Problems we are experiencing are due to water infiltration.
Larry Larson, 239 West Main Street: Questioned the amount of rain water in the sewer system, and if the County had been called to look into the infiltration amounts.
In another area, Mr. Larson asked for confirmation of the Village looking into a new car for the Police Department, when raises have not been given to employees of the Village for two years. It was felt a better use of funds would be to reconfigure the Chief’s SUV and utilize the funds to pay employees and benefit our staff.
Kathy Lynn, 209 West Main Street: Requested a status update on the outstanding questions that had been asked at the previous meeting. The area of dual-patrol was addressed. Solicitor Murray answered that officers do get paid for dual-patrol situations, though it does not happen in the Village on a regular basis. Wage and Hour laws changed in 1990 requiring compensation for any scheduled work hours. Former Solicitor Collins memoed Former Chief Matty on the mandated change. Our current Safety Handbook does not meet the law in that area.
The 13 paid holidays to staff was questioned. It was reported that there are only 12 paid holiday for staff in 2007. Fiscal Officer Brcak reported that Veteran’s Day falls on a Saturday in 2007 and Christmas Eve Day is being used as the substitute. Hours of employees have been adjusted.
The issue of officer’s carry-over of vacation and holiday time was questioned. Solicitor Murray reported that the practice of officer’s carry-over of vacation is allowed and is within Ordinance. All officers are within their legal limits and times. As for holiday carry-over, the Ordinance does not allow for carry-over. Council will need to amend Ordinance or make a change in practice. Mayor Evangelista does not want officers to be penalized for not being able to take holiday leave due to scheduling problems and low man-power in the department.
Mrs. Lynn asked Solicitor Murray which parts of the Safety Handbook apply to the Chief and which parts do not. Solicitor Murray stated that it depends which portion of the Handbook is being addressed. Some areas of the Handbook do include the Chief and others do not.
Stacy Cornell, 161 East Parkway: Addressed areas of concern. 1) Chief of Police classification of job and guidelines - suggested we use another police department’s approved records for both the Chief’s Job Description and guidelines. 2) Thanked Council for not voting on a Resolution that they did not have in advance of tonight’s meeting 3) Felt the presentation today was good, but felt that we would not be receiving the appropriate services for our money.
Council Reports
Mr. Britton: The speed bumps on Main Street are being taken down. Madison Old Fashioned Days are about three weeks away. Banners will be going up in the park in the near future.
Mr. Hamercheck: The Rec Board will be participating in the Old Fashioned Day, by surveying visitors on recreational needs. Other discussions include: · Employee Handbook section 100.22 (b) (c) and (e) are not consistent in addressing full-time employees. Council may want to consider amending. · Performance Review status for Fiscal Officer Brcak and Chief Forsythe was questioned. Mayor Evangelista updated that both have been completed and reviewed with the respective staff member. Copies are being typed for signature and will be placed in the respective personnel file. · To Larry Larson: dismayed that he knows so much about activities in the Village and Council is not updated on the same. Council needs to better communicate with each other.
Mr. Vest: Planning Commission meeting – July 16, 2007 at 7:00 p.m.
· To Stacy Cornell and Larry Dowler: The EPA mandates are set by the Federal Government. We have no choices. Fines and assessments are imposed for non-compliance. · To Larry Larson: He is not aware of any plans to purchase a police vehicle. Mayor Evangelista update that Chief Forsythe came up with the idea of trading in the SUV toward the purchase of a new cruiser. Costs are being considered at this point. There has been no approval. · Expressed thanks to everyone that sent cards, flowers, food etc…with the recent passing of his father. The outreach was overwhelming.
Mr. Loparo: · The Madison Senior Center will host a clambake on September 23, 2007. The cost is $20.00 per person. Council was in general consent. · At the last Fire District Meeting, MetaCount did a presentation on EMS billing for transports. The Fire District has not adopted the program. Education is needed as to the program. It was recommended that Council consider having a presentation at a future meeting. · Budget cuts in the 2007 budget have adversely affected our safety forces. We need to better support our community. Too many break-ins are occurring in the Village. · To Stacy Cornell: Very astute to the County’s presentation. · The Village can save up to 20% in Worker’s Compensation premiums by adopting a Drug Free Workplace program through the Ohio Bureau of Worker’s Compensation. Fiscal Officer Brcak has experience in this program. Mr. Loparo will be sponsoring a resolution for Council’s consideration at our next meeting. Mr. Vest questioned the proposed resolution, as he was told that we were in this program three year’s ago. Fiscal Officer Brcak confirmed that the Village had not entered into such a program to the current time. · Fire District Meeting – July 18, 2007.
Mr. Bartlett: Stated he has been in office for nine month and has been looking into clarity of purpose. He is hopeful that the pending Safety Handbook will be coming together for approval and will help establish needed clarity. Encouraged all of Council to work together. · Shared documents from the Economic Development Proposal of April 2007 · To Mr. Musclow: Thank you for the data and graphs on infiltration of the sewer system. Is hopeful that we can have representatives from the County return for a workshop that would allow more time for discussions. · Will be out of town for the July Budget Meeting. Fiscal Officer Brcak will take notes for minutes completion.
Mr. Lee: · Requested that the July 16th Budget Meeting be held at 4:00 p.m. to allow a break between the Budget Meeting and Planning Commission Meeting. · The trading in of the police SUV for a Crown Victoria was addressed within the Safety Committee. There has been no approvals or decisions made at this time. · Administrator Zapp and Chief Forsythe were asked to look into the cost of increases to their staff members in 2008 · The EMS billing presentation given at the last Fire District Meeting was excellent. Will look into having the same presentation at a future Council Meeting. · The First Place trophy won by the Village at the Laketran Golf Outing was Presented to Council.
Engineer’s Report
Eric Haibach updated council that the Senior Center Parking Lot Expansion was awarded to Ohio Paving with all alternates also being awarded. With this, the entire project is still under the anticipated budget.
On the subject of infiltration of the sewer system, Engineer Haibach is in agreement. The question is where is the water coming from…and it can be from a number of sources.
Safety Report
Chief Forsythe reported that break-ins had occurred at Chapel Florist and Judy’s Gifts. Both incidents are under investigation and no information can be released at this time.
The Lake County Bar Association is putting together a Time Capsule. The Police Department from the Village has been asked to contribute items into the capsule. The recent Heart of Lake County Magazine, featuring the Village of Madison will be included.
Fiscal Officer Report
· Fiscal Officer Brcak updated OPERS has announced a rate increase for 2008. Employee shares will go from 9.50% to 10.00%. Employer contributions will go from 13.85% to 14.00%. The total cost to the Village will be about $915 based on current payrolls · Budget Committee Meeting – July 16, 2007 at 4:00 p.m. for work on 2008 Expenses.
Administrator’s Report
· July 19, 2007 from 4:00 to 9:00 p.m. the Madison-Perry Chamber of Commerce will host a Business Social in the Park. · The presentation by the Lake County Storm Water Sewer was informative. Much of what they discussed is what we are already doing in-house. With the help of CT Consulting, we can do ourselves at a lesser cost to our residents of the Village.
Mayor’s Report
· Mayor Evangelista congratulated the Madison Village Golf Team for winning the trophy for the Village for 2007. · Market in the Park runs in the park on Saturday’s from 9:00 to 1:00 p.m. · The water contract with Lake County Department of Utilities is still pending. · New legislation offers a $25,000 valuation homestead exemption to seniors age 65 and over who live in their homes. Forms were made available and are also available at the Lake County Auditor’s Office. · Jack Kapalka has resigned his appointment on BZA. Anyone interested in filing that position is encouraged to get a resume to Mayor Evangelista. · Upcoming Meetings: - 7/12/2007 – Mayor’s Court - 7/16/2007 – Budget Committee – 4:00 p.m. Planning Commission – 7:00 p.m. - 7/18/2007 – Fire Board - 7/19/2007 – Business Social 4:00 – 9:00 p.m. - 7/23/2007 - Council Meeting – 7:00 p.m. - 7/24/2007 – Economic Development Committee
Motion by Mr. Britton, seconded by Mr. Vest to adjourn the meeting at 11:00 p.m. Roll call on the motion, 6 yeas, Motion carried. |