PUBLIC
HEARING
June 19, 2000
Mayor Reed called the meeting to order at 6:55PM.
The public hearing was
associated with Ordinance No. 35-2000; adoption of the 2001 estimated tax
budget. Mayor Reed asked those in
attendance if there were any questions with regard to the Ordinance.
Each year, the annual estimated tax budget is submitted to the County
Auditor for review and approval. Administrator
Sample added that the 2001 estimated tax budget is not associated with the
regular yearly operating budget. Mayor
Reed continued that Madison Village is required to present this budget at a
Public Hearing prior to passage. There
were no questions from those in attendance.
Mr. Loparo motioned for
adjournment at 7:00PM. Mr.
Evangelista seconded. All present
were in favor.
Mayor Reed asked Council and citizens to join him in the Pledge of Allegiance. Council members Mr. Britton, Mr. Burgard, Mr. Evangelista, Mrs. Kopczak, Mr. Loparo and Mr. Smith were present. Also in attendance were Clerk Treasurer Butler, Engineer Foley, Solicitor Collins, Administrator Sample and Police Chief Matty.
Mr. Loparo motioned to approve the minutes of the May 30th Special Meeting. Mr. Burgard seconded. Mr. Loparo requested an amendment to his comment regarding the Senior Center. Mr. Britton motioned for approval of the minutes as amended. Mr. Loparo seconded. All present were in favor.
Mr. Evangelista motioned to approve the minutes of the June 5th Regular Meeting. Mr. Smith seconded. All present were in favor.
Clerk Treasurer Butler submitted Pay Order No. 1982 totaling $226,160.89 for approval. Mr. Evangelista motioned for approval.
Mr. Britton seconded. Mrs. Kopczak believed the last Pay Order included final payment to C.I.R. Administrator Sample stated that the payment on Pay Order No. 1981 was for C.I.R.’s approved Change Order. The current payment was for final work and partial release of the retainer. Mrs. Kopczak also questioned payment to Sunleaf Nursery and Losely. Administrator Sample stated that the payment to Losely was for five of the eight trees planted in the Park and the payment to Sunleaf Nursery was for two 4” oak trees and the balance was for the Tree Planting Program. Following discussion, roll call was taken. All present were in favor.
Melodie Chabue, 247 River
Street, requested Council’s assistance once again with regard to her
neighbor’s unkempt property. Mrs.
Chabue asked Council if it would be possible to investigate her neighbor to see
if he was operating a business in accordance with Village rules and regulations.
Administrator Sample responded that the neighbor had been operating a
business prior to 1979 and is operating under a Grandfather Clause.
Mr. Sample stated that he spoke with Mrs. Chabue’s neighbor regarding
the condition of the property. Mr.
Sample verified that all vehicles on the property are operable.
The neighbor informed Mr. Sample that arrangements had been made to
remove the old mowers from the property.
Mrs. Chabue expressed
concern with regard to the barrel at River Street always being at the side of
the road rather than in the middle of the walkway.
Chief Matty introduced
part-time officer, Michael Vernon. Patrolman
Vernon has five years experience with the Ashtabula County Sheriff’s
Department. Solicitor Collins then
swore in Patrolman Vernon as part-time Patrolman for the Madison Village Police
Department.
None
ORDINANCE
NO. 34-2000 was read by Solicitor
Collins for the first time. AN
ORDINANCE AWARDING A BID TO, AND AUTHORIZING EXECUTION OF A CONTRACT WITH, WASTE
MANAGEMENT OF OHIO, INC. FOR THE COLLECTION, HAULING AND DISPOSAL OF RESIDENTIAL
GARBAGE AND REFUSE IN MADISON VILLAGE.
Discussion followed. Administrator Sample stated that Waste Management of Ohio, Inc. submitted the lowest bid at $7.32 per month the first year, $7.54 per month the second year and $7.77 per month the third year. These amounts include the use of the toter. Garbage bags will be sold in packages of 10 for $17.50 per package the first year, $18.00 per package the second year and $18.50 per package the third year. Waste Management of Ohio, Inc has requested the Village absorb any increase in disposal costs from the Lake County Solid Waste Facility and also to absorb a fuel surcharge. Administrator Sample recommended to Council that Madison Village utilize the rate of $8.00 per month per resident for three years. Mrs. Kopczak motioned to suspend the three-rule reading.
Mr. Smith seconded. All present were in favor. Mr. Evangelista motioned for passage. Mr. Smith seconded. All present were in favor. Mr. Evangelista motioned to establish the $8.00 per month standard rate for three years. Mrs. Kopczak seconded. All present were in favor.
ORDINANCE NO. 35-2000 was read by Solicitor Collins for the first time. AN ORDINANCE ADOPTING THE 2001 TAX BUDGET. Mr. Smith motioned for suspension of the three-rule reading. Mr. Evangelista seconded. All present were in favor. Mr. Smith motioned for passage. Mr. Evangelista seconded. All present were in favor.
RESOLUTION
NO. 15-2000 was read by Solicitor
Collins for the first time. A RESOLUTION DECLARING THE NECESSITY TO IMPROVE CERTAIN STREETS IN THE
VILLAGE OF MADISON BY SUPPLYING SAME WITH ELECTRIC STREET LIGHTING, AND
DECLARING AN EMERGENCY. Mr.
Evangelista motioned to suspend the three-rule reading.
Mr. Burgard seconded.
All present were in favor. Mr.
Evangelista motioned for passage. Mr.
Smith seconded. All present were in
favor.
Solicitor Collins explained
that in July of 1999 our General Assembly brought into effect, Electric Utility
Deregulation. Deregulation
has many different
components that affect us not only as consumers and individuals, but as a local
Government as well. Beginning in
January 2001, competitive retail sales of electric service will begin. The one
component that affects local Government is the one that relates to aggregation.
Aggregation basically allows a local government to put together a pool of
constituents, consumers within the community, and be able to negotiate a lower
and better price for the electric service rate.
It is similar to the co-op Central Purchasing Programs that merge
together o carry out the “strength in numbers” concept. This aggregation
deals with the suppliers of electricity only, not the distribution and
transmission component. The first
step, if the Village chooses to aggregate on behalf of the constituent
consumers, is to pass a Resolution indicating that you are going to aggregate
your customers and constituents within the community. The statute reads that the
legislation can be passed on or after the starting date of competitive retail
electric service, thereby suggesting January 2001 as the earliest that the
legislation can be passed. However,
because some parts of the law have earlier effective dates, some communities
have already passed legislation. Two
counties have requested an Attorney General opinion for clarification.
The results are due sometime in July.
If the decision were made to aggregate your constituent consumers, action
would need to be taken by August 24th for the coming year.
Aggregation can take two forms, either Opt In or Opt Out. The Opt In Program indicates that in order for you to put
together the aggregation, the prior consent of each consumer in the pool is
needed. The second form and most
popular is the Opt Out Requirement Program.
The local government on behalf of the constituents requires all of your
constituent consumers to be in the program but they are given the opportunity to
Opt Out of the program once every two years without a switching fee being
imposed. However, in order to get
to that point, it must be put on the ballot to allow voters to determine by a
majority vote, whether they want their aggregation program to be of the Opt Out
nature. If the voters are forced to be in the program by automatic requirement,
then they have the opportunity at a primary or general election to be heard on
the particular issue. At the time
the proposal is submitted to the voter, they need to know what the proposed
rates will be. A Plan of Operation
and Governance must be developed for the authorized Aggregation Program. There is also a Public Hearing procedure that must be
followed. The Plan of Operation
must be adopted when the Resolution is passed for the Opt In method or after the
voters have approved the Opt Out method. Once
the Plan of Operation and Governance is adopted by the local jurisdiction, then
the local government initiates negotiations and/or solicits competitive bids
with the electricity supplier in order to negotiate to enter into a service
agreement on behalf of those consumer constituents within the aggregation area.
The local government does not need to aggregate.
The individual customers can deal with rates on their own as with other
utilities. This provision of the code allows you to join together
through mutual cooperation agreements with any other governmental entity in
order to enlarge the pool even more.
Several communities are
meeting to discuss possibility of joining together to create one large
aggregation. Solicitor Collins
recommends that the Village engage an expert to do a feasibility study to
determine the needs and to offer a recommendation and/or opinion.
If we do become aggregators as a local government, the Plan of Operation
and Governance is subject to review by the Public Utilities Commission of Ohio.
A question and answer period followed.
Mayor Reed distributed a
memorandum to Council from the Senior Citizen Board requesting approval of
several specific improvements. The
four items listed represent capital-type improvements to the Senior Center.
These improvements include: an additional restroom facility with access
from outside as well as inside, enlargement of the parking lot on the west side
of the center, a sprinkler system for the park landscaping and electricity for
the picnic pavilion. Funds totaling $29,000 from the Senior Levy Coalition have
been authorized and earmarked for Phase II construction in 2000.
Operation and maintenance of these four items should be minimal.
Discussion followed. Mr.
Evangelista motioned to secure the monies available for architectural fees and
retain the $29,000 for future use against projects planned and approved by
Council. Mr. Loparo seconded.
More discussion followed. All
present were in favor except Mrs. Kopczak who voted against the motion.
Mayor Reed reported on
Planning Commission’s meeting of June 12th and the issues
discussed. Planning Commission is
considering a possible rezoning of several large portions of land between
Edwards Street and Dayton Road, just north of the tracks, from industrial to
single-family residential. Also for consideration is a request from J. W.
Betteley to rezone 10 acres of land south of Sweet Brier Estates from industrial
to multi-family. Planning
Commission recommended that the current R-3 zoning be modified to reduce the
density from 7 units to 3.5 units per acre and also to increase the minimum
square footage for living space. Discussion
followed. Mr. Evangelista motioned
to hold a Public Hearing on August 7, 2000 at 6:30PM to reduce the density from
7 units per acre to 3.5 units per acre. Mr.
Britton seconded. All present were
in favor.
Mr. Loparo spoke briefly
with regard to the necessity of a future Noise Ordinance and the current problem
in the Village with a resident. Chief
Matty responded that he met with the complainant and that the problem was being
resolved. Solicitor Collins stated
that there is an ongoing investigation at this time.
Solicitor Collins
reminded Council that a draft Noise Ordinance was distributed to Council Members
last month. He is waiting for
Council’s input with regard to the purchase of a sound meter or to proceed
with the 100’ distance requirement. Solicitor
Collins stated that the Noise Ordinance has been adopted by many of the
surrounding communities.
Mr. Evangelista reminded
Council and those in attendance that the Madison Recreation District will be
meeting at Stanton Park on Thursday at 8:00PM.
Mr. Smith announced that
the monthly Fire Board Meeting will be held at the Township Center on Wednesday
at 7:30PM.
Mr. Loparo expressed his
gratitude to Administrator Sample for the effort put forth in the planning and
preparation of the construction on Main Street and around the Park.
He also commended Administrator Sample for making the time to talk to
business owners and residents who were affected by the construction.
He stated that area businesses and residents have expressed their
disappointment in the loss of the trees in the park but have also been
appreciative of what the Village is doing.
SAFETY REPORT
Chief Matty reported
that Safety Town was held last week and this week with 110 participants.
Graduation will be held on Friday, June 23rd from 9:00AM to
10:00AM and 12:30PM to 1:30PM at Homer Nash Kimball School.
MADD will present an
award to Patrolman Forsythe on June 20th, for being the highest officer on the
Department for DUI arrests.
On Friday, June 16th
Patrolman Verdi represented the Madison Village Police Department and was
awarded the Gold again and tied the State Championship by pressing 360 pounds.
ENGINEER’S REPORT
Engineer Foley reported
that the Eagle Street Sewer Project continues.
The River Street Sanitary Sewer Project is out for bid.
Bids should be available for Council’s review in July.
Huntington Woods improvements are complete.
Engineer Foley also stated that final plans for the Sidley Development
have been received.
ADMINISTRATOR’S REPORT
Administrator Sample
reported that the plat has been filed for Water Tower Drive.
It has been officially recorded and construction is expected to start
within the next few days.
Administrator Sample and
Engineer Foley have discussed the possibility of putting in a new watermain on
Eagle and Union Streets during the construction of the sewer lines.
Some areas close to the existing 1920 watermains were disturbed during
excavation. It would be practical
to complete the watermain replacement prior to paving.
Work is progressing on
the Eagle Street Sewer Project. Work
also continues on renovating the south side of Main Street.
The seeding, tree planting and installation of new street lamps should be
complete within the next two weeks.
MAYOR’S REPORT
Mayor Reed reported that
a Resolution was presented for approval at the Laketran Board Meeting on June 19th.
The Resolution
authorizes Laketran to
purchase property at the Water Tower location in Madison.
Laketran is opting to purchase seven acres of land for a Park and Ride
facility.
Mayor Reed noted that he
will be on vacation and will not be in attendance at the next Council meeting on
July 17th.
Mr. Britton announced
that the Madison Old Fashioned Days would like to donate $250 to Madison Village
toward the tree replacement program in the Park.
A motion was made by Mr.
Smith to accept the $250 donation from Madison Old Fashioned Days.
Mr. Evangelista seconded.
All present were in
favor.
Mr. Britton commented
that he had spoken with Gary Walrath regarding the need for refurbishing the
painting on the Water Tower.
Mayor Reed stated that
Bob Pinkney and his son did the original painting in 1989.
Mr. Loparo referenced a
letter with regard to the Kent State property and the necessity for a release of
restriction prohibiting the building of a road through the property.
Mayor Reed stated that discussion would continue at the next Council
meeting.
Mr. Evangelista motioned
for adjournment at 8:53PM. Mr.
Burgard seconded. All present were
in favor.