|
COUNCIL MINUTES VILLAGE OF MADISON Regular Meeting June 18, 2007
Record of Proceedings
In the absence of Mayor Evangelista, Bob Lee, President Pro Tempore, presided over the June 18, 2007 meeting of Council
Bob Lee 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. It was requested that everyone observe a moment of silence. Council Members Mr. Bartlett, Mr. Lee, Mr. Vest, Mr. Hamercheck, Mr. Loparo and Mr. Britton were in attendance. Mayor Mike Evangelista was excused. Also in attendance were 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. Bartlett that the Minutes from the Regular Meeting of Council, dated June 4, 2007 be approved. Roll call on the motion, 4 yeas (Bartlett, Vest, Hamercheck and Lee), 2 abstain ( Loparo and Britton). Motion carried.
Pay Ordinance No. 2138 totaling $28,665.36 for payroll and $52,534.85 for current and upcoming expenses was presented by Fiscal Officer Brcak. Motion by Mr. Britton, seconded by Mr. Vest, to approve Pay Ordinance No. 2138. Roll call on the motion, 6 yeas. Motion carried.
Questions and Answers on Pending Legislation
Larry Larson, 239 West Main St.: Ordinance 29-2007. Questioned if we are moving monies within the appropriations already, or are these additional funds. Fiscal Officer Brcak reviewed that these are additional appropriations (increases) to facilitate funds due to OWDA on current debt and funding is being derived through CIF collections, and additional appropriations (increase) to facilitate payment on the Mayor’s Court Computer Fund, with funds being derived through court fines and fees.
Old Business
ORDINANCE 25-2007 was read by Solicitor Murray, third reading. AN ORDINANCE ENACTING A HOTEL TAX IN THE VILLAGE OF MADISON OHIO PROVIDING FOR THE RATE OF TAX, COLLECTION, ENFORCEMENT, AND PENALTIES FOR ADMINISTRATION. Discussion followed.
Mr. Bartlett asked for better clarification on the language of the Ordinance (section A) would affect the 3 room Bed and Breakfasts in the Village and distribution of collections? Solicitor Mike Murray reviewed the definition of the Ordinance as five rooms or more and this being a Hotel Tax.
Mr. Loparo clarified the 3% collection rate would be three percent to the Village of Madison, no prorations or sharing of proceeds with the Lake County Tourism or other entities.
Mr. Vest asked for clarification on how the proceeds would be distributed? Administrator Zapp stated that 50% of the proceeds would need to be used for Economic Development and the remaining 50% could be used for discretionary purposes.
Mr. Lee asked Mr. Loparo what rooms would make up the five rooms outlined in the proposed Ordinance. Are common rooms considered as a room? Are the kitchen and bathroom areas considered a room? Mr. Loparo clarified what would be considered a room in the definition. A review of the occupancy of the three Bed and Breakfasts in the Village of Madison was updated. Mr. Loparo stated that all three Bed and Breakfast would be exempted in this Ordinance, as none of them meet the five room minimum as outlined in the proposed Ordinance.. If it is Council’s wishes to include the Bed and Breakfasts, an amendment can be made at a future date.
Mr. Bartlett summarized the discussion by stating that his is a Hotel Tax and the Bed and Breakfasts were not included. He reviewed the discussions held at Budget Committee about the proposed Hotel Tax was to be inclusive of the Bed and Breakfasts.
Proposed commencement dates were also addressed. Fiscal Officer Brcak stated that any date would work, but to ease in collection and commencement of the program, the last quarter of 2007 (October 1, 2007) would be advisable.
Motion by Mr. Hamercheck, seconded by Mr. Vest, to Table Ordinance 25-2007 until a later date, for determination of language and status of Bed and Breakfasts in the collection. Roll call on the motion, 6 yeas. Motion carried.
ORDINANCE 27-2007 was read by Solicitor Murray, second 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.
ORDINANCE 28-2007 was read by Solicitor Murray, second 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.
New Business
ORDINANCE 29-2007 was read by Solicitor Murray, first reading. AN ORDINANCE PROVIDING FOR ADDIIONAL APPROPRIATIONS AND ADJUSTMENTS TO VARIOUS LINE ITEMS FOR CURRENT EXPENSES AND FOR OTHER EXPENDITURES OF THE VILALGE OF MADISON, OHIO, FOR THE PERIOD BEGINNING JANUARY 1, 2007 TO AN INCLUDING DECEMBER 31, 2007, AND DECLARING AN EMERGENCY.
Mr. Hamercheck asked for discussion on the items listed in the proposed Ordinance. Mr. Bartlett asked for clarification on where the additional funds were coming from to support the increased appropriations. Fiscal Officer Brcak reviewed the additional OWDA loan payment for the work done on the proposed sewer expansion. The payment was unknown to us until last month. The
second payment on the Mayor’s Court Computer was appropriated at $1,000 short of fiscal need for 2007. Funds will be received through CIF funds collected and the Village not returning to the General Fund, the Advance of Funds from December 2006. The return of advance will not occur until later in 2007. The Mayor’s Computer Fund will receive additional revenue in fees and fines to support the additional appropriation.
Motion by Mr. Loparo, seconded by Mr. Vest to suspend the three reading rule. Roll call on the motion, 6 yeas. Motion carried.
Motion by Mr. Vest, seconded by Mr. Loparo that Ordinance 29-2007 be approved. Roll call on the motion, 6 yeas. Motion carried.
Motion by Mr. Vest, seconded by Mr. Loparo, that Council approves receipt of the donation of $2,490.00 from the Madison Senior Center Trust Fund, to pay for electrical upgrades at the pavilion at that site. Roll call on the motion 6 yeas. Motion carried
Motion by Mr. Loparo, seconded by Mr. Britton that the bid by SFI, for electrical upgrades at the Senior Center Pavilion, be approved for $ 2,490.00. Roll call on the motion, 6 yeas. Motion carried.
Motion by Mr. Vest, seconded by Mr. Hamercheck, that the minutes from the June 4, 2007 meeting, as earlier approved, be amended to correct the spelling of Emily Faith Johnson to Emily Faith Johnston. Roll call on the amendment, 4 yeas (Bartlett, Lee, Vest and Hamerchek), 2 abstain (Britton and Loparo). Motion carried.
Visitor Comments
Larry Larson, 239 West Main St.: Questioned the practice of Dual Patrol in the Safety Department and overall expenses to the Village. Per Ordinance 37-1985, dual-patrol is to be not paid. Solicitor Murray updated that dual-patrol is not a practice in the Safety Department. It has been a number of years since dual patrol has been in practice, and there has been no expense to the Safety Department for dual patrol. Solicitor Murray stated that Ordinance 37-1985 does need to be updated to reflect current practice, and is in the process of being updated to reflect current practice and State and Federal Regulations.
Bob Lee reviewed that the cost to the Village in training a new full time officer is approximately $3,000 to $3,500 per person. Currently, no officers have been hired and no training is being done; therefore, there is no expense.
Kathy Lynn, 209 West Main Street: Questioned Safety Department actions. Mrs. Lynn asked if the salaries for Old Fashioned Days had been budgeted for this year and do we have funds to pay the officers. Mr. Lee updated that the Madison Old Fashioned Days Committee helps to pay the salaries of the full time and part time officers. Salaries are appropriated and inclusive of this event.
Mrs. Lynn reviewed Ordinance 7-2003. She stated the Chief is outside of the Ordinance in taking nine of the approved Holidays for 2007 before that actual date of the Holiday. Mrs. Lynn asked who approved the Chief’s use of holidays in advance, in that the Ordinance states that the Officers could use holiday pay outside of the holiday with the approval of the Chief. It was felt
that this Ordinance addresses officers and not administrative staff, and the Chief should not be included. Mr. Lee stated that this issue could best be answered by the Mayor. Solicitor Murray updated that the Chief is covered by the Police Handbook and Amendments made to that document. Therefore Ordinance 37-1985 – Police Handbook does apply to the Chief. He also stated that the new Handbook will need to be clearer. Mr. Lee will pass this issue onto the Mayor and clarification will be forthcoming.
Mr. Vest continued in questioning on the Holiday issue. It was asked if the Chief had the authority to allow for the carry-over of Holiday time to officers, in contradiction to Ordinance 7-2003 language that does not appear to permit carry-over of holiday time into another year. The Chief stated that the Mayor had given his permission to the carry-over prior to the end of the 2006 year.
Solicitor Murray reviewed and stated that the Ordinance is unclear as it does not state that holiday time can or can not be carried-over or if unused time is lost with the end of each year. A question as to there being twelve or thirteen holidays for 2007 was discussed.
Larry Larson, 239 West Main St.: Chief of Police Job Description. Stated that he believed the Job Description of the Chief of Police needed to be expanded. The Job Description does not address sick, vacation and holiday time. Mr. Vest responded that sick, vacation and holiday time are addressed in the Safety Handbook and does not need to be given within the Ordinance.
Gordon Musclow, 178 Willowbend: Addressed statement to all elected officials. Regarding Ordinance 25-2007 Hotel Tax: It appears that Council did not do their homework and review the proposed Ordinance prior to tonight’s meeting. This is the third reading of the proposed Ordinance. Meetings are met with confusion on issues, questions that confuse and show a lack of communication on issues before coming to the table. These actions are not well received by the public.
Council Reports
Mr. Britton: He is in hopes that we can clear up the questions on accrued time. The Village may want to consider allowing a purchase of unused holiday time at year end as an alternative to when time is taken and carry over provisions.
Mr. Hamercheck: Madison Old Fashion Days happens every year. Funds should be in place for this event when the budget is established each year. In other items:
· Ordinance 37-1985 Safety Handbook – Does it apply to the Chief? Need to clarify. · Ordinance 7-2003 Holiday Time – Where did the 13th Holiday Come from discussed earlier. Fiscal Officer Brcak stated that this year Christmas Eve Day was added to the 2007 Village Holiday schedule. · I-90 patrolled by Village Safety Forces – Need to address manpower issues. · Community Meetings are held monthly to address issues in the Village. Issues are not limited to Madison Council and Village. All issues involving the community are addressed. The meetings are constructive.
Mr. Vest: Mentor RV has signed documents to put an RV Dealership on the Sidley Drive Development., The will soon be construction of a new facility at that site. All permits and plans are in order for signage, lighting, etc.
· Planning Commission Meeting – July 16, 2007. @ 7:00 p.m.
Mr. Loparo: Regarding Ordinance 25-2007 Hotel Tax, the issue is “should the Bed and Breakfasts be included in the 3% proposed tax”? That is the question.
· Fire Board Meeting – June 20, 2007 at 7:30 p.m.. A presentation will be made by Metacount regarding the proposed EMS billing program. All are encouraged to attend.
Mr. Bartlett: To Mr. Larson – Interested in his questions on vacation and holiday time. Each company that he is aware of has its own set of rules to address these issues. We need to adopt one set of rules in the Village and not have these gray areas.
To Mr. Musclow – Council is trying to conduct discussions and business at the meetings in front of the public. Decisions and discussions do not happen behind the scenes and then come to Council
In closing, Mr. Bartlett anxiously awaits closure on the Safety Handbook and pending issues with the Safety Department.
Mr. Lee: Upcoming Meetings:
* Recreation Board – 4th Thursday of Each Month. * Exterior Restoration Program – June 20, 2007 – Stratton Place. * Block Watch – June 27, 2007
Police Cruiser @624 passed e-check and is back on the road.
Engineer’s Report
Ned Foley updated that construction bids have been released for the Parking Expansion at the Senior Center. Bid Opening is scheduled for June 22, 2007. Work on bids for the culvert at Hyder Drive is underway.
Safety Report
Chief Forsythe reported that work is underway on the Safety Handbook. He is about three quarters complete. The Safety Handbook will be line with the Employee Handbook approved by Council earlier this year.
The Department has received a 1995 Ford F-150 pick-up truck through the courts. We are currently awaiting the title and release before release.
Fiscal Officer Report
*Fiscal Officer Brcak updated that the 2008 Tax Budget is almost completed. A thank you to all who participated in the Budget Committee Discussion on June 11th. It helped greatly in preparing the proposed document.
*The Note Issuance and Renewal went smooth on June 8th. All funds transferred and received electronically. All set for another year.
Administrator’s Report
Administrator Zapp reported:
· The Village is 95% completed on storm sewer work. Maintenance will move on to ditch work projects. · Employees in the Roads and Maintenance, Water, Sewer and Utilities are undergoing PERP Training. The first training session was on the area of confined spaces and was well received. Other training sessions to follow once a month. · Collins Bi-Rite has donated their remaining flowers and plants to the Village for use. The front bed area of the Police Department was planted and landscaped by our Maintenance Crew. Other flowers and plants were placed around the Village. · The Storm Water Management Letter was completed. At the July 9, 2007 Council Meeting there will be a 25 minute presentation on Storm Water Management. We will have the presentation at the start of our meeting and get into the business section after our guest speaker is finished.
Motion by Mr. Britton, seconded by Mr. Hamercheck to adjourn the meeting at 8:33 p.m. Roll call on the motion, 6 yeas, Motion carried. |