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COUNCIL MINUTES VILLAGE OF MADISON Regular Meeting June 26, 2006
Record of Proceedings
Mayor Evangelista 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. Mayor Evangelista requested that everyone observe a moment of silence. Council Members Mr. Britton, Mr. Buck, Mr. Hamercheck, Mr. Lee and Mr. Vest were present. Also in attendance, Mayor Evangelista, Administrator Zapp, Solicitor Murray, Eric Haibach for Engineer Foley and Fiscal Officer Pinkert.
Motion by Mr. Vest, seconded by Mr. Buck, to approve the minutes of the regular meeting of June 5, 2006, as presented. Roll call on the motion, 5 yeas. Motion carried.
Fiscal Officer Pinkert presented Pay Ordinance No. 2114 totaling $33,240.91 for payroll and $228,089.10 for current and upcoming expenses. Fiscal Officer Pinkert noted that there are payments listed in the Water, Sewer, Water Capital and Sewer Capital Funds for the Semi-Annual Debt payments. Mr. Hamercheck asked for clarification on the semi-annual loan and bond counsel payments. Fiscal Officer Pinkert said that the bond counsel is the attorney that handles the legal paperwork for the note roll-overs and the semi-annual loan payments are for the long term loans for water & sewer improvements. Mr. Hamercheck also asked where the Village gets office supplies from and if they are bought in quantity. Administrator Zapp explained that the Village recently switched to Staples in order to save approximately 15% and have the ability to order online with next day delivery. Motion by Mr. Lee, seconded by Mr. Britton, to approve Pay Ordinance No. 2114. Roll call on the motion, 5 yeas. Motion carried.
PUBLIC HEARING FOR JOHN FREY’S REZONING REQUEST
Mayor Evangelista opened the public hearing and explained that John Frey is considering an expansion. Administrator Zapp read the legal notice regarding the requested a rezoning of parcel # 02A-008-B-00-007-0 on Union Street from R-2 Residential to B-1 General Business. John Frey explained that his plans are to expand the building approximately 40 feet to make more room for dining. There were no comments or questions. Mayor Evangelista closed the public hearing at 7:09 p.m.
VISITORS
Don Heywood, 36 Saxton Street, requested that everyone use their microphones and also expressed concerns about the motorcycle traffic in the Village during the bike runs.
Larry Larson, 239 W. Main Street, made the following comments:
He congratulated the Township and said that Chief Jenkins has stated that the dog will be available to the Village on an “as need” basis. Larry Larson added that Madison Village residents shouldn’t be taxed in order for the Village to have a canine program.
Larry Larson questioned how Perry Village can operate their Police Department for less money and with three fewer fulltime employees. Larry Larson also requested a copy Chief Forsythe’s employment contract for review before the next meeting.
Motion by Mr. Britton, seconded by Mr. Hamercheck, for executive session for legal and personnel at 7:22 p.m. Roll call, 5 yeas. Motion carried. Mayor Evangelista called the meeting to order at 8:12 p.m. Council Members Mr. Britton, Mr. Buck, Mr. Hamercheck, Mr. Lee, and Mr. Vest were present. Also in attendance, Mayor Evangelista, Administrator Zapp, Solicitor Murray, Eric Haibach for Engineer Foley and Fiscal Officer Pinkert.
OLD BUSINESS
ORDINANCE NO. 33-2006 was read by Solicitor Murray, second reading. AN ORDINANCE APPROVING THE PROPOSED 2007 TAX BUDGET AND DECLARING AN EMERGENCY.
NEW BUSINESS
ORDINANCE NO. 34-2006 was read by Solicitor Murray, first reading. AN ORDINANCE ENACTING AN ADDITIONAL ____ PERCENT (_____) TAX ON MUNICIPAL INCOME AND AUTHORIZING AND DIRECTING THE FISCAL OFFICER TO FILE A CERTIFIED COPY OF THIS ORDINANCE AND PROPOSED BALLOT FORM WITH THE LAKE COUNTY BOARD OF ELECTIONS TO PLACE THE ISSUE ON THE BALLOT FOR THE NOVEMBER 7, 2006 ELECTION. Mayor Evangelista explained that the Budget Committee is still working on the amounts needed for a proposed tax increase.
ORDINANCE NO. 35-2006 was read by Solicitor Murray, first reading. AN ORDINANCE AMENDING THE MADISON VILLAGE HISTORICAL PRESERVATION ORDINANCE NO. 36-2003 TO INCLUDE ADDITIONAL DUTIES OF THE DESIGN REVIEW BOARD UNDER SECTION 25.6 AND A PROVISION TO MAINTAIN A SYSTEM TO SURVEY HISTORICAL PROPERTIES UNDER SECTION 25.6.1.
ORDINANCE NO. 36-2006 was read by Solicitor Murray as amended, first reading. AN ORDINANCE AMENDING SECTION 14 OF ORDINANCE NO. 14-2006. TO ALLOCATE ALL MONIES DERIVED FROM GRAVE SALES AND OPENINGS TO THE CEMETERY OPERATING FUND AND THE CEMETERY CAPITAL IMPROVEMENT FUND, AND DECLARING AN EMERGENCY.
Motion by Mr. Britton, seconded by Mr. Hamercheck, to suspend the three reading rule for Ordinance No. 36-2006. Roll call, 5 yeas. Motion passed. Motion by Mr. Britton, seconded by Mr. Buck, to approve Ordinance No. 36-2006. Roll call, 5 yeas. Ordinance No. 36-2006 duly passed.
ORDINANCE NO. 37-2006 was read by Solicitor Murray, first reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND FISCAL OFFICER TO ENTER INTO A CONTRACT WITH WASTE MANAGEMENT OF OHIO FOR EXCLUSIVE RESIDENTIAL REFUSE AND GARBAGE COLLECTION AND DISPOSAL SERVICES FOR VILLAGE RESIDENTS, AND DECLARING AN EMERGENCY. Motion by Mr. Vest, seconded by Mr. Hamercheck, to suspend the three reading rule for Ordinance No. 37-2006. Roll call, 5 yeas. Motion passed. Motion by Mr. Lee, seconded by Mr. Buck, to approve Ordinance No. 37-2006. Roll call, 5 yeas. Ordinance No. 37-2006 duly passed. Mr. Buck inquired if the collection dates will remain the same. Administrator Zapp said yes and the only change is the rate increase.
ORDINANCE NO. 38-2006 was read by Solicitor Murray, first reading. AN ORDINANCE ENACTING A _______ MILL LEVY FOR THE GENERAL CONSTRUCTION, RECONSTRUCTION, RESURFACING, AND REPAIR OF STREETS, ROAD, AND BRIDGES WITHIN THE VILLAGE OF MADISON AND AUTHORIZING AND DIRECTING THE FISCAL OFFICER TO FILE A CERTIFIED COPY OF THIS ORDINANCE AND PROPOSED BALLOT FORM WITH THE LAKE COUNTY BOARD OF ELECTIONS TO PLACE THE ISSUE ON THE BALLOT FOR THE NOVEMBER 7, 2006 ELECTION. Mayor Evangelista said that that the Budget Committee is still working on the amounts needed for Ordinance Number 38-2006 and Ordinance Number 39-2006.
ORDINANCE NO. 39-2006 was read by Solicitor Murray, first reading. AN ORDINANCE ENACTING A _______ MILL LEVY FOR THE OPERATION OF THE MADISON VILLAGE POLICE DEPARTMENT AND AUTHORIZING AND DIRECTING THE FISCAL OFFICER TO FILE A CERTIFIED COPY OF THIS ORDINANCE AND PROPOSED BALLOT FORM WITH THE LAKE COUNTY BOARD OF ELECTIONS TO PLACE THE ISSUE ON THE BALLOT FOR THE NOVEMBER 7, 2006 ELECTION.
ORDINANCE NO 40-2006 was read by Solicitor Murray, first reading. AN ORDINANCE AMENDING SECTION 12(B) OF ORDINANCE NO. 22-1985 TO ALLOW CREDIT FOR PRIOR YEARS OF SERVICE IN DETERMINING SICK LEAVE, AND DECLARING AN EMERGENCY.
RESOLUTION NO. 15-2006 was read by Solicitor Murray, first reading. A RESOLUTION RECOGNIZING AND CONGRATULATING THE MADISON HIGH SCHOOL SCIENCE CLUB FOR PLACING IN THE TOP TEN OF THE NATIONAL MODEL ROCKETRY COMPETITION. Motion by Mr. Britton, seconded by Mr. Buck, to approve Resolution 15-2006. Roll call, 5 yeas. Resolution No. 15-2006 duly adopted.
ORDINANCE NO. 41-2006 was read by Solicitor Murray, first reading. AN ORDINANCE ESTABLISHING THE HOURS OF WORK AND RATE OF PAY FOR VARIOUS MUNICIPAL EMPLOYEES OF THE VILLAGE OF MADISON DECLARING AN EMERGENCY.
Administrator Zapp explained that this legislation pertains to replacement of the Road Foreman and a rate adjustment within the Road Department. If approved, the Village will be offering the Road Foreman position to Ray Schultz, who is currently the Assistant Road Foreman, at a rate of $18.00 per hour and will be hiring an Assistant Road Foreman at a rate not to exceed $16.00. Motion by Mr. Lee, seconded by Mr. Britton, to suspend the three reading rule for Ordinance No. 41-2006. Roll call, 5 yeas. Motion passed. Motion by Mr. Buck, seconded by Mr. Vest, to approve Ordinance No. 41-2006. Mr. Hamercheck clarified that this is to replace an employee that left and the total budget for 2006 is not going to be impacted adversely. The Village is trying to get the Road Department organized after the departure of two employees. Roll call, 5 yeas. Ordinance No. 41-2006 duly passed.
TOPIC: PROPOSED AUXILIARY POLICE HANDBOOK
Solicitor Murray explained that he and the Chief worked together on the update of the auxiliary rules. He added that Council will have to approve it in order for it to be in place for the Police Auxiliary Unit. Mr. Vest asked the following questions and expressed the following concerns: · Is the rule regarding misdemeanors the same for the Police Department as the Auxiliary Unit? Police Chief Forsythe said yes. · What constitutes a poor driving record? Solicitor Murray said numerous accidents or moving violations. · Will the Auxiliaries be driving the Village vehicles? Chief Forsythe said yes. · Regarding availability for training and voluntary community service, who determines when they have to show up and what happens if they don’t. Solicitor Murray said that it would be the Police Chief’s decision. · The probation period should be the same for auxiliaries as the other officers. Solicitor Murray said that the change to one year probationary period was an overall change, not just the auxiliary unit. · The requirement of 16 hours of service per month is excessive for a volunteer unit. Chief Forsythe said that when they accept a position as an auxiliary officer, they represent the Village and want to learn how to be a law enforcement officer. It requires a certain amount of time to accomplish that. · Is there a need to have volunteers subject to review or dismissal for inactivity? Solicitor Murray said that the issue is that the Village wants these volunteers to be thinking as a police officers and stay current with what is going on in the department in order to limit our liabilities. · Will all auxiliaries start at ground zero? Chief Forsythe said no because he gave existing auxiliaries that opportunity when he became Chief. · There should be provisions for leave of absences. Solicitor Murray said there are no provisions for a leave of absences within the police department. · Does the requirement to report “any & all” involvement in court actions include personal issues? Solicitor Murray said it pertains to criminal matters as listed in that section. · Where does self defense fall into Section 4, Line F. Solicitor Murray said self defense is always an option. Mr. Britton said that the handbook is similar to the part-time employee handbook. Chief Forsythe agreed and said that the rules for the part-time officers are already in place.
Mr. Hamercheck said the he is concerned that some of the rules are in conflict and put the officers and the Village at an increased risk for litigation. He read a section regarding injured parties and said that it removes the auxiliary officer’s protection under the Good Samaritan laws. Mayor Evangelista said that if there are still concerns the issue can stay in discussion and that Solicitor Murray can address Council’s concerns. Solicitor Murray said that the emergency and first aid section was written to protect the Village and that in his opinion it doesn’t remove anything from the Good Samaritan Laws. Mr. Hamercheck said that the document is offensive and that he would like to see the source material. He added that he is concerned about the costs to continue focusing on this issue and asked how much it would save to scrap the whole program. Mayor Evangelista said that the only cost would be for Solicitor Murray to review and make the changes. Mr. Lee asked for Council’s feeling regarding the auxiliary unit. Mr. Britton said that he is in favor of the auxiliary unit but that they should have rules. Mr. Vest said that he agrees but that the rules presented are too rigid for a volunteer force. John Hamercheck informed everyone that there is an Auxiliary A & B category. Chief Forsythe said that the difference is that an auxiliary “A” can carry a firearm and that although they are O.P.T.A. certified, they don’t have full police training. Mr. Hamercheck said that several auxiliary officers have transitioned from the auxiliary program to part-time and full-time officers. He added that there are also some auxiliaries that just want to give back to their community. Chief Forsythe said that the proper training is important because auxiliaries are riding with officers and expected to back them up in some situations. Mayor Evangelista said that the issue can be kept for discussion at the next meeting.
TOPIC: VILLAGE GLEN PHASE II
Mayor Evangelista said that the lots for Village Glen Phase II do not meet current zoning requirements. He added that it has to be verified if a variance was obtained back in 1996. Former Village Administrator Sample said that it was approved by the Board of Zoning Appeals as a transition from Parkway lots to Village Meadows lots. Mr. Britton said that it would seem the lots would go from smaller to bigger instead of bigger to smaller. Mayor Evangelista requested Administrator Zapp pull the 1996 information and bring it to the next meeting.
TOPIC: JEDD
Mayor Evangelista said that the Madison Township Trustees have stood firm on a 70/30 split of revenue in the JEDD. He requested moving forward and stating the Village’s position on paper tonight. Mr. Britton said that the issue will probably go to the ballot in the Township and that in order to move forward the Village can agree to 70/30 split to be reevaluated every three years. Mr. Buck said that he agrees and that he would have liked to accomplish this two years ago. Mr. Lee said he agrees. Mr. Hamercheck said that he is concerned with the direction the JEDD process is going and where the Village is investing time.
Motion by Mr. Britton, seconded By Mr. Lee, to approve Resolution No. 16-2006 to move forward on the JEDD cautiously at 70/30 with the terms and conditions of the agreement to be worked out later. Roll call, 4 yeas and 1 nay (Hamercheck). Resolution No. 16-2006 duly adopted.
ORDINANCE NO. 42-2006 was read by Solicitor Murray, first reading. AN ORDINANCE CHANGING THE ZONING MAP AND ZONING CODE UNDER PARCEL NO. 02A-008-B-00-007-0 FROM R-2 RESIDENTIAL TO B-1 GENERAL BUSINESS.
Motion by Mr. Britton, seconded by Mr. Vest, to suspend the three reading rule for Ordinance No. 42-2006. Roll call, 5 yeas. Motion passed. Motion by Mr. Lee, seconded by Mr. Britton, to approve Ordinance No. 42-2006. Mr. Hamercheck asked if all necessary communication with neighbors and other appropriate people has been made with no objections. Administrator Zapp said that the initial hearing was held at Planning Commission, all appropriate mailings were done certified, and advertisements were made with no objections to date. Roll call, 5 yeas. Ordinance No. 42-2006 duly passed.
QUESTION & ANSWERS
None
COUNCIL REPORTS
Mr. Britton expressed concerns about a lot of vacant properties with noxious weeds.
Mr. Hamercheck expressed concerns about inheriting bad roads and requested keeping an eye on them. Engineer Haibach said that the Cul de Sac problem in Huntington woods Phase III is being remedied. He added that if there is a problem during construction or recurring problems it isn’t the Village’s problem and the performance bond can be extended indefinitely. Mr. Hamercheck asked if the Village will have recourse with the proper documentation. Solicitor said that a lot of the problems that can arise are going to be factually driven as to what the cause is. He added that the best thing to do is document as much as possible. Mr. Hamercheck asked about the Wastewater Treatment Plant (WWTP) infiltration problem. Administrator Zapp said that there is an abnormally high infiltration rate and that the Village needs to consider some more investment in addressing the issue. Mr. Hamercheck suggested investing more time and money to identify where ground water run-off is getting into the system. Engineer Haibach said that the Village has applied for OPWC grants to remedy the situation on Safford Street.
Mr. Vest gave a Planning Commission update (included as part of theses minutes). Administrator Zapp said that the permit request for the tanning facility has been pulled and the onset of the business is postponed the due to a death in the family. Mr. Vest also expressed concerns about people working in the Village not paying taxes. He added that the Village has to find a way to collect those taxes. Ohio State Representative Tim Cassell informed everyone that there are some entities that have legislation regarding contractors in an effort to collect income tax. Mr. Lee said that there are also renters in the Village that may not be paying resident tax. Mr. Vest requested the Village pursue the issue.
Mr. Buck, no report.
Mr. Lee gave a Budget Committee update and distributed version 5 of a five-year capital plan. He added that the Budget Committee has to identify and relay to the residents the following: · How did we get to this point? · What are we doing to reduce spending? · What will we use any new revenue for? Mr. Lee said that Madison Village is the only Municipality in Lake County that doesn’t offer a residential tax credit.
He added that if an income tax issue is put on the ballot he would support a residential tax credit. Mr. Lee reported that the next Budget Committee meeting is July 10, 2006, at 2:00 p.m.
ENGINEER’S REPORT
No Report.
SAFETY REPORT
Chief Forsythe said that two new tasers were recently purchased with the Law Enforcement Trust money. One officer is a certified instructor and the rest of the department should be trained within a couple of months. Chief Forsythe also said that the issue of speeding in the alley has been brought to the attention of the officers. He added that he will address any complaints and said anyone with a complaint should try to get a date and time of the incident.
FISCAL OFFICER REPORT
Fiscal Officer Pinkert reported that the monthly financial reports and reconciles for May were in the council packets. Please review them and contact her with questions. Fiscal Officer Pinkert also said that she included a narrative with the Tax Budget Ordinance for Council to review before the third reading.
ADMINISTRATOR’S REPORT
Administrator Zapp reported the following:
Administrator Zapp thanked Jeff and Kathy Lynn of Penguin Mechanical for a repair on the AC unit at no charge to the Village.
MAYOR’S REPORT
Mayor Evangelista reported the following:
Mayor Evangelista announced the following employee July birthdates:
Dave Cogar Water/Sewer Department
Mayor Evangelista announced the following dates:
Tuesday Cruise-Ins June 27, 2006 Neighborhood Watch June 28, 2006 Concert in the Park June 29, 2006 Independence Day July 4, 2006 Budget Committee July 10, 2006 Planning Commission July 10, 2006 Council Meeting July 17, 2006
Administrator Zapp thanked the Cemetery Crew Roy Whipple, Joe Connell and Neal Crawford for their diligence. Their hours were cut this year and they are storing hours in order to complete additional work in July.
Motion by Mr. Britton, seconded by Mr. Lee, to adjourn at 9:39: p.m. Roll call, 5 yeas. Motion carried.
Dana D. Pinkert, Fiscal Officer Michael J. Evangelista, Mayor DATE |