RECORD OF PROCEEDINGS

Minutes of MADISON VILLAGE Meeting Held June 18, 2001

PUBLIC HEARING                June 18, 2001      

Mayor Reed called the public meeting to order at 6:45PM.  Council members Mr. Britton, Mr. Evangelista, Mrs. Kopczak, Mr. Loparo, and Mr. Smith were present.  Also in attendance were Clerk-Treasurer Butler, Solicitor Collins, Administrator Sample, Engineer Foley and Chief Matty.  Councilman Mr. Burgard was absent.  Chairman Don Bartlett of the Planning Commission was present.

The first item for the public hearing was amending temporary and political signs in Ordinance No. 37-2001.  The first change stipulated amending temporary  and political action signs.  This change was precipitated by a court decision in the city of Painesville where the court felt 17 days was not sufficient time to display a sign before an election.  Up to three political signs may be displayed  on a parcel and no two signs shall be placed less than 10 feet apart.  Political signs shall not be located closer than 15 feet from any pavement.  Political action signs expressing an opinion, which protects freedom of speech,  may be displayed for not more than two (2) thirty day periods per year.  Other changes included that no signs be placed on utility poles, street signs, or traffic poles, nor obstruct the view of vehicles or pedestrians.  During the discussion, it was explained that the zoning inspector monitors all sign activity.

The second item amends the the zoning code related to minimum residential floor area in Ordinance No. 38-2001.  The minimum residential floor area for a one (1) level  buildings and for more than one (1) level and no more than three (3) levels in the “R-1” and “R-2” zoning classifications are 1500 square feet and 1800 square feet, respectively.  The current zoning levels are 1300 square feet and 1800 square feet.  Chairman Don Bartlett explained the reasons for the changes are due to current standards and consistency with larger homes being built in the area. 

Adjournment from the public hearing portion was motioned at 7:17PM  by Mr. Smith.  Mr. Evangelista seconded.  All present were in favor. 

Mayor Reed read the third item regarding Madison Village’s proposed 2002 Tax Budget after the adjournment of the public hearing.

REGULAR MEETING              June 18, 2001

Mayor Reed called the meeting to order at 7:25PM and invited those in attendance to join in the pledge of allegiance.  Council members Mr. Britton, Mr. Evangelista, Mrs. Kopczak, Mr. Loparo, and Mr. Smith were present.  Also in attendance were Clerk-Treasurer Butler, Solicitor Collins, Chief Matty, Engineer Foley, and Administrator Sample. Councilman Burgard was absent.

Mr. Smith motioned to approve the minutes of the May 21, 2001 Regular Meeting.  Mr. Evangelista seconded.  All present were in favor, with the exception of Mr. Loparo who abstained. Clerk-Treasurer Butler presented Pay Order No. 2004 totaling $413,505.67.  Mr. Loparo motioned for approval.  Mr. Evangelista seconded.  All present were in favor.

VISITORS

Paul Goda, 431 West Main Street, stated that he has been a resident of the Village since 1982.  He announced his outrage regarding NOPEC’s 06/15/01 mailing to residents.  Mr. Goda stated that he already chose an electric provider, and if residents do not select and send in the NOPEC response card, they will automatically be enrolled.  NOPEC cannot be reached by telephone.

Mayor Reed explained the opt-out reason that was voted for on the ballot in November of 2000.  Mayor Reed reiterated the history of NOPEC and that residents must opt-out if thay do not want to have Green Mountain Energy as their electric supplier.

Mr. Goda added that the recent mailer stated that if a resident does not choose NOPEC, that he or she may not be eligible for NOPEC as a gas supplier in the future.  Mr. Loparo confirmed this. 

Mr. Collins said traditionally, opt-out policies are the most cost-effective. With Green Mountain, the supplier can guarantee a 1% savings.  Collins warned to be aware of generation costs more than the transmission costs.

OLD BUSINESS

ORDINANCE NO. 32-2001 was read for the second time by Solicitor Collins.  AN ORDINANCE AUTHORIZING THE PROCEDURES SET FORTH IN OHIO REVISED CODE, SECTION 3939.86(C) AND (D) REGARDING CERTAIN FIRE LOSS CLAIMS IN MADISON VILLAGE. 

NEW BUSINESS

ORDINANCE NO. 36-2001 was read for the first time by Solicitor Collins.  AN ORDINANCE ADOPTING THE 2002 TAX BUDGET.  Mr. Loparo motioned to suspend the three reading rule.  Mr. Britton seconded.  All present were in favor.  Mr. Evangelista moved for passage.  Mr. Loparo seconded.  All present were in favor. 

ORDINANCE NO. 37-2001 was read for the first time by Solicitor Collins.  AN ORDINANCE AMENDING SECTIONS 9.16 AND 9.17 OF ORDINANCE NO. 33-1996, AS AMENDED, THE ZONING CODE OF THE VILLAGE OF MADISON, RELATING TO TEMPORARY SIGNS AND POLITICAL SIGNS.

ORDINANCE NO. 38-2001 was read by Solicitor Collins for the first time.  AN ORDINANCE AMENDING ORDINANCE NO. 33-1996, AS AMENDED, THE ZONING CODE OF THE VILLAGE OF MADISON, MODIFYING SECTION 5.2 THEREOF RELATING TO MINIMUM RESIDENTIAL FLOOR AREA PER DWELING IN  “R-1” AND “R-2” ZONING DISTRICTS.   

Mr. Evangelista motioned to suspend.  Mr. Britton seconded.  Mr. Britton, Mr. Evangelista, and Mr. Loparo were in favor.  Mrs. Kopczak and Mr. Smith were against.  Ordinance No.38-2001 did not pass suspension.

ORDINANCE NO. 39-2001 was read by Solicitor Collins for the first time.   AN ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF OHIO, DEPARTMENT OF ADMINISTRATIVE SERVICES, FOR A CAPITAL APPROPRIATION IN THE AMOUNT OF TWELVE THOUSAND FIVE HUNDRED DOLLARS ($ 12,500.00) FOR ADA UPGRADES AT MADISON VILLAGE HALL.  Mr. Loparo motioned for suspension.  Mr. Evangelista seconded. 

Because the money is be used specifically at Stratton Place for a first floor ADA compliant restroom, Mr. Loparo withdrew his suspension and Mr. Collins reread Ordinance No. 39-2001 to include “ AT MADISON VILLAGE COMMUNITY BUILDING AKA STRATTON PLACE “.   Mr. Loparo motioned for suspension.  Mr. Evangelista seconded.  All present were in favor.  Mr. Evangelista moved for passage.  Mr. Britton seconded.  All present were in favor. 

ORDINANCE NO. 40-2001 was read by Solicitor Collins for the first time.  AN ORDINANCE ADOPTING  COMPUTER, INTERNET AND E-MAIL POLICY FOR MADISON VILLAGE.   Mr. Smith motioned for suspension.  Mr. Evangelista seconded.  All present were in favor.  Mr. Smith moved for passage.  Mr. Evangelista seconded.  All present were in favor.

ORDINANCE NO. 41-2001 was read by Solicitor Collins for first time.  AN ORDINANCE ADOPTING A POLICY AGAINST SEXUAL HARASSMENT.   Mr. Evangelista motioned for susupension.  Mr. Smith seconded.  All present were in favor.  Mr. Evangelista moved for passage.  Mr. Smith seconded.  All present were in favor. 

ORDINANCE NO. 42-2001 was read by Solicitor Collins for first time.  AN ORDINANCE GRANTING A FRANCHISE TO PARNASSOS, L.P. D/B/A ADELPHIA CABLE COMMUNICATIONS (THE GRANTEE) TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE VILLAGE OF MADISON (THE GRANTOR): SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM.  After Mr. Collins explained the terms and changes, Mr. Loparo motioned to suspend.  Mr. Britton seconded.  All present were in favor.  Mr.  Britton moved for passage.  Mr. Loparo seconded.  All present were in favor.

ORDINANCE NO. 43-2001 was read by Solicitor Collins for the first time.  AN ORDINANCE AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE MADISON-PERRY AREA CHAMBER OF COMMERCE FOR OFFICE SPACE AT STRATTON PLACE, AND DECLARING AN EMERGENCY.  Mr. Loparo motioned for suspension.  Mr. Britton seconded.  All present were in favor.  Mr. Britton moved for passage.  Mr. Loparo seconded.  All present were in favor. The rate of the lease is $300.00 per month with a term of 36 months.  The Village will pay for all utilities.

ORDINANCE NO. 44-2001 was read by Solicitor Collins for the first time.  AN ORDINANCE APPROVING THE SOLID WASTE MANAGEMENT AMENDED PLAN UPDATE FOR THE LAKE COUNTY SOLID WASTE MANAGEMENT DISTRICT.  The deadline is August 16, 2001.

RESOLUTION NO. 20-2001 was read by Solicitor Collins for the first time.                 A RESOLUTION DECLARING THE NECESSITY TO IMPROVE CERTAIN STREET LIGHTS IN THE VILLAGE OF MADISON BY SUPPLYING SAME WITH ELECTRIC STREET LIGHTING, AND DECLARING AN EMERGENCY.   Mr. Britton motioned to suspend.  Mr. Evangelista seconded.  All present were in favor.  Mr. Britton moved for passage.  Mr. Evangelista seconded.  All present were in favor. 

ORDINANCE NO.45-2001 was read by Solicitor Collins for the first time.                  AN ORDINANCE PROVIDING FOR ADDITIONAL APPROPRIATIONS AND ADJUSTMENTS TO VARIOUS LINE ITEMS FOR THE CURRENT EXPENSES FOR OTHER EXPENDITURES OF MADISON VILLAGE FOR THE PERIOD BEGINNING JANUARY 1, 2001 TO AN INCLUDING DECEMBER 31, 2001, AND DECLARING AN EMERGENCY.  Mr. Britton motioned for suspension.  Mr. Evangelista seconded.  All present were in favor.  Mr.  Britton moved for passage.  Mr. Evangelista seconded.  All present were in favor.   The addition is to the Water Fund in the amount of $2,519.00 for the Water Tower note.

RESOLUTION NO.21-2001 was read by Solicitor Collins for the first time.  A RESOLUTION ACCEPTING A DONATION FROM AND EXPRESSING APPRECIATION AND GRATITUDE TOTHE MADISON LOCAL SCHOOL DISTRICT, MADISON MIDDLE SCHOOL, IN THE AMOUNT OF $177.67 FOR USE AT THE MADISON SENIOR CENTER.  Mr. Britton moved for passage.  Mr. Evangelista seconded.  All present were in favor.     

COUNCIL REPORTS

Mr. Loparo reported on the 19^th District Elected Officials Conference in Washington D.C. that he attended June 7 and 8.

Mr Britton stated that he was glad to see the completion of East Main Street and River Street concrete work.  He asked who was responsible for watering grass on the tree lawns in these areas.   Engineer Foley replied that the contractor is responsible.  

Mr. Evangelista announced the next Madison Recreation District meeting June 28 at 8PM at Bill Stanton Park.  He thanked the Village road and cemetery crews and police department for the fine work during  the Memorial Day festivities. 

Mr. Smith commented that the painting of the traffic signal is coming along well and looks good.

DISCUSSION

Mr. Collins – Legislation update on SB 5 Senate Bill

Mr. Collins reported on the new annexation law.  The minor change  will occur 90 days after governance signature. SB 5 provides for broader disgression for the County Commissioners to consider traditional petitions for annexation, which used to  only consider the benefit  or general good of the area to be annexed.  They could not consider the impact of the  surrounding neighborhoods or community.    The new benefits of the SB 5 to area within one-half of a mile.  New factors can be considered: Village can assume the maintenenace of an entire street.  Townships can appeal.  There are three  special annexation procedures for annexing which includes (1) 100% of owners’approval to be annexed, (2) property to be annexed (or frontage) 10% is contiguous, and the property to be

annexed must be less than 350 acres in size (3) the annexation must create a significant economic development project i.e. if there is going to be $10 million in development and over $1 million in payroll as a result of the development after certification by the state.

Another dramatic change is  property tax relief to the loss of a township.  Reimbursement is required on a sliding scale.  The bill includes the availability of inter-governmental annexation agreements among cities, villages, and townships.

ENGINEER’S REPORT

Engineer Foley discussed grade separation.  The proceeding steps to apply is due November 1, 2001.  This application will initiate the study for validating grade separation location.  The River Street/East Main Street waterline replacement is on schedule and nearing completion.  Restoration work on the interchange with final assessments will be done.  Plans for Phase II Water Tower Drive are a 500 foot westward extension.  The Sidley project on the east side has been approved by the Planning Commission.  Phase II and III of Huntington Woods connection issues are being discussed.  The Issue II Project will be finalizing the cost of purchasing a decorative traffic signal by July 1 to the County.

ADMINISTRATOR’S REPORT

Administrator Sample reported that the Village will not be saving money by  switching to an alternative medical insurance company due

to employees not disclosing certain conditions to the underwriters.  The savings are not substantial, therefore Ordinance 27-2001 will be rescinded at the next council meeting.  The Central Congregational Church plans to pave the parking lot and has asked for financial assistance from the Village for the shared driveways on each side of the Fine Arts Building and behind the building.  The requested amount is between $2,000.00 - $4000.00.  Mrs. Kopczak motioned to approve $3,000.00 toward financial assistance for the paving.  Mr. Smith seconded.  All present were in favor.  Sample stated that a water pipe broke inside the Water Plant that feeds the bulk water line.  Damage is being assessed.  The Village has $1,000.00 deductible.  Mayor Reed thanked John Ruck who resides next to the Water Plant, for making the phone call of the water pipe break.  In the absence of Mr. Burgard, Administrator Sample reported on three variances granted at the Board of Zoning Appeals meeting:  Mr. And Mrs. Ferry in Parkway Estates was granted a variance for a rear yard setback.  Domino’s Pizza was granted an addition in the B-1 district.  Shepard was denied a conditional use permit for a holistic/herbal shop at 740 West Main Street.  Sample ended by stating the Village has received over 5200 hits on the Website.  

SAFETY REPORT

Chief Matty stated that the bicycle helmut citation program began June 1.  All officers are issuing citations that can be redeemed for a prize.  This awards youngsters who are wearing bike helmuts and protective gear and following rules.  Matty will be going to EOC with two officers on radio training of the new portables.  Chief Matty was present to witness the burning of flags Flag Day, June 14 at Camp Stigawandish  He added that is was an honorable event to witness.  The Chief said has received positive comments regarding crosswalks patrols.  Safetytown began June 18 at Homer Nash.  Seven part-time Village police officers have submitted applications for the COPS Fast Grant.  Matty recommended that Council  view their  personnel files prior to the interviews.  He updated Council on the two sergeant positions and their duties.  Both Sgt. Shannon and Sgt. Verdi are doing great work. 

MAYOR’S REPORT

Mayor Reed requested for approval the payment to the Madison-Perry Area Chamber of Commerce of $60.00 for mayoral membership fee for municipalities.   Mr. Smith motioned for approval.  Mr. Britton seconded.  All present were in favor. 

Mayor Reed recommended adjournment to executive session at 9:25PM.  Mr. Britton motioned for adjournment.  Mr. Evangelista seconded.  All present were in favor.