COUNCIL MINUTES
VILLAGE OF MADISON
Regular Meeting
June 5, 2006
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, Mr. Loparo and Mr. Vest were present. Also in attendance, Mayor Evangelista, Administrator Zapp, Solicitor Murray, Engineer Foley and Fiscal Officer Pinkert.
Motion by Mr. Vest, seconded by Mr. Hamercheck, to approve the minutes of the regular meeting of May 15, 2006, with the following amendments:
A correction of a typographical error on page 4, paragraph 3, the word “he” should be removed from the second sentence.
Addition of a comment by Mr. Hamercheck expressing concerns about the loss of $500,000.00 of grant money. Roll call on the motion, 5 yeas and 1 abstain (Loparo). Motion carried.
Fiscal Officer Pinkert presented Pay Ordinance No. 2113 totaling $68,035.12 for two payrolls and $167,075.75 for current and upcoming expenses. Fiscal Officer Pinkert noted that there is a payment listed in the General Obligation Bond Fund for the Municipal Note renewal. Mr. Buck asked about the payment from the Sewer Fund for an insurance deductible for legal. Administrator Zapp explained that it is the deductible amount for the Rian Land development lawsuit. Mr. Vest asked if it is standard procedure to pay for new employee physicals. Fiscal Officer Pinkert said yes. Motion by Mr. Britton, seconded by Mr. Lee, to approve Pay Ordinance No. 2113. Roll call on the motion, 6 yeas. Motion carried.
PUBLIC HEARING ON THE 2007 TAX BUDGET
Mayor Evangelista opened the public hearing and asked for comments on the proposed 2007 Tax Budget.
Rich Janco, 178 E Main Street, asked if the real and personal property tax amounts are distributed together and questioned if there is still a personal property tax in place. Fiscal Officer Pinkert said yes they are distributed together. Mayor Evangelista said that although it is being phased out over time, there is still a personal property tax in place.
Larry Larson, 239 W. Main Street, asked if the estimate for 2006 of $77,990 for property tax revenue is being realized. Fiscal Officer Pinkert said yes. Mr. Larson asked for clarification of why the numbers for 2006 are almost $20,000.00 less than 2007 estimates. Mr. Lee said that the difference is only $2,340.00. Mr. Larson also asked what will happen if the revenues don’t come in. Fiscal Officer Pinkert explained that they are based on the Village’s valuation and are certified by the County Auditor.
Mayor Evangelista closed the Public Hearing at 7:26 p.m.
Motion by Mr. Britton, seconded by Mr. Buck, to adjourn for an executive session at 7:27 p.m. to discuss legal issues. Roll call, 6 yeas. Motion carried.
Mayor Evangelista reconvened the meeting at 7:36 p.m. Council Members Mr. Britton, Mr. Buck, Mr. Hamercheck, Mr. Lee, Mr. Loparo and Mr. Vest were present. Also in attendance, Mayor Evangelista, Administrator Zapp, Solicitor Murray, Engineer Foley and Fiscal Officer Pinkert.
VISITORS
Cathy Lynn, 209 W. Main Street, asked the following questions:
Mayor Evangelista said that Chief Forsythe has made cuts in different areas in an effort to reduce the budget. Mr. Lee explained that Council approved $14,000.00 in reductions in the safety budget at the last meeting.
Mayor Evangelista said that it can be if it is needed but the Chief has a car in lieu of a salary increase.
Mayor Evangelista said that there really is no way to compare. Solicitor Murray said that the key is that the fines from Mayor’s Court stay in the Village and that if everything went through Painesville Municipal Court, the Village portion would be a lot lower.
Mayor Evangelista said that all funds would benefit.
Mayor Evangelista said yes and that a police levy has been discussed.
Larry Larson, 239 W. Main Street, said that he agrees with Cathy Lynn about a police levy and that he thinks the police take too much of the Village’s tax money. Larry Larson also asked if there hasn’t been any discussion about a 1% income tax increase why it is listed on the agenda as a proposal. Administrator Zapp said that he prepared the agenda and that the 1% is a number from the budget committee that Council will discuss tonight.
Grace Muller, 27 Safford Street, requested that people be informed that yellow zebra lines on the road are not to be crossed and it is a safety issue if they are. She added that she was almost sideswiped recently because of this issue.
Bob Butcher, 24 W. Main Street, had a complaint about the police driving too fast in the alley while his daughter was riding her bike. Mayor Evangelista said he would pass the complaint on to the Police Chief. Mr. Loparo suggested that residents with complaints get a car number or the time of day and place of any incidents.
Larry Larson, 239 W. Main Street, said that he has been waiting six weeks for an answer from the Police Chief to his questions. Mayor Evangelista said that he would remind the Chief.
Rich Janco, 178 E. Man Street, said that he called 911 today about an incident and that he was transferred three times, he then called Village hall and couldn’t reach the Police Clerk, Police Chief, Administrator Zapp or an Officer. He added that the whole thing took over twenty minutes and that this issue concerns him. Mr. Hamercheck said that it was a classic example of why the Village approved the enhanced 911 for cellular designation of Lake County as the public safety answering point (PSAP). He added if Mr. Janco was using a cell phone, that he was probably bounced around and that it is best to use a landline to call 911. Mr. Hamercheck clarified that the numbers for the Village Hall and Police Department are non-emergency numbers. Mr. Janco said that he is more concerned that he couldn’t reach anyone by calling Village Hall.
Larry Larson, 239 W. Main Street, asked if Officer Svagerko has authorization to post on the web-site Madison44057 on behalf of the Madison Village Police. Mayor Evangelista said that Officer Svagerko is posting on his own time and that he has the same right of freedom of speech as everyone else. Solicitor said that employees can have conversations about the Village without it being considered official information.
Cindy Hylee, 68 Eagle Street, said that there is a speeding problem in the alley. She also asked why someone isn’t available all the time to answer the phones in the Police Department. Part-Time Police Officer Charlie Eisenhart said that callers outside of regular business hours are directed to hang up and call 911. He added that the office personnel don’t have the ability to call officers but that they can call 911 and ask for a duty officer. Administrator Zapp said that he will direct his staff on how to handle emergency calls. Mayor Evangelista said that he will direct Chief regarding the officers maintaining safe driving procedures.
NEW BUSINESS
ORDINANCE NO. 30-2006 was read by Solicitor Murray, first reading. AN ORDINANCE stating what services and the approximate start date the village of Madison will provide to the proposed annexed property as filed by joyce ann dame pursuant to orc 709.023 and declaring an emergency.
Solicitor Murray explained that a petition for annexation was filed with the Lake County Commissioners and the Village has to respond within twenty days. He added that the legislation states that the Village is providing no services.
Motion by Mr. Lee, seconded by Mr. Britton, to suspend the three reading rule for Ordinance No. 30-2006. Roll call, 6 yeas. Motion passed. Motion by Mr. Britton, seconded by Mr. Vest, to approve Ordinance No. 30-2006. Roll call, 6 nays. Ordinance No. 30-2006 failed.
ORDINANCE NO. 31-2006 was read by Solicitor Murray, first reading. AN ORDINANCE OBJECTING TO THE PETITION FOR ANNEXATION FILED WITH THE LAKE COUNTY BOARD OF COMMISSIONERS BY JOYCE ANN DAME, AND DECLARING AN EMERGENCY. Motion by Mr. Vest, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 31-2006. Roll call, 6 yeas. Motion passed.
Motion by Mr. Lee, seconded by Mr. Britton, to approve Ordinance No. 31-2006. Roll call, 6 yeas. Ordinance No. 31-2006 duly approved.
ORDINANCE NO. 32-2006 was read by Solicitor Murray, first reading. AN ORDINANCE AUTHORIZING THE MAYOR AND FISCAL OFFICER TO ENTER INTO AN AGREEMENT WITH MADISON TOWNSHIP OFFICIALS TO AMEND THE ANNEXATION AGREEMENT BETWEEN THE VILLAGE AND THE TOWNSHIP OF MADISON.
Mr. Vest requested clarification and asked if the Township is in agreement. Solicitor Murray said that there was an ambiguity in the original agreement and that he was told the Township is in agreement. Motion by Mr. Loparo, seconded by Mr. Britton, to suspend the three reading rule for Ordinance No. 32-2006. Roll call, 6 yeas. Motion passed. Motion by Mr. Loparo, seconded by Mr. Britton to approve Ordinance No. 32-2006. Roll call, 6 yeas. Ordinance No. 32-2006 duly approved.
ORDINANCE NO. 33-2006 was read by Solicitor Murray, first reading. AN ORDINANCE APPROVING THE PROPOSED 2007 TAX BUDGET AND DECLARING AN EMERGENCY.
RESOLUTION NO. 12-2006 was read by Solicitor Murray, first reading. RESOLUTION DECLARING THE NECESSITY TO IMPROVE CERTAIN STREETS IN THE VILLAGE OF MADISON, OHIO BY SUPPLYING THE SAME WITH ELECTRIC STREET LIGHTING AND DECLARING AN EMERGENCY.
Mr. Loparo explained that the legislation is an annual measure by the Village in order to provide street lighting. Fiscal Officer Pinkert said that it is a reduction from last year.
Motion by Mr. Loparo, seconded By Mr. Buck, to approve Resolution No. 12-2006. Roll call, 6 yeas. Resolution No. 12-2006 duly adopted.
Administrator Zapp informed everyone that M & R Supervisor Al Crawford submitted his resignation and that he was a valued employee. He requested a resolution for Al Crawford.
Motion by Mr. Britton, seconded by Mr. Vest, to approve Resolution No. 14-2006. A RESOLUTION EXPRESSING APPRECIATION AND GRATITUDE TO ALAN CRAWFORD FOR HIS YEARS OF SERVICE AS THE WASTEWATER TREATMENT PLANT OPERATOR AND ROAD DEPARTMENT FOREMAN FOR MADISON VILLAGE.
Roll call, 6 yeas. Resolution No. 14-2006 duly adopted.
Mayor Evangelista informed everyone that former Madison Village Mayor and Clerk Adam Fabel passed away. Mr. Britton said the Adam Fabel contributed in many ways to the Village. Motion by Mr. Loparo, seconded by Mr. Britton, to approve Resolution No. 13-2006 in honor of Adam Fabel. Roll call 6 yeas. Resolution No. 13-2006 duly adopted.
TOPIC: DISCUSSION OF GARBAGE BIDS
Administrator Zapp informed everyone that there were two bids received and that they were opened at noon today. The results were as follows:
1. Affordable Roll-off $16.00 per month for a 96 gallon toter for the first year
$16.50 per month for a 96-gallon toter for the second year
$17.00 per month for a 96-gallon toter for the third year
No service for orange bags
No curbside recycling
2. Waste Management $10.97 per month for a 96 gallon toter with no fuel surcharge
$9.68 per month for a 96-gallon toter with a fuel surcharge
$26.00 for 10 orange bags
$2.44 bi-weekly curbside recycling option
Administrator Zapp recommended remaining with Waste Management and choosing the option with no fuel surcharge. Mr. Britton asked the amount of the increase. Administrator Zapp said $3.50 per month. Mr. Vest inquired about the option for recycling and if the Village would be offering that to the residents. Administrator Zapp that the Village is already in a five year contract for recycling and would not be offering this to the residents. He added that it was included in the bid in the event that the current contract failed. Mr. Britton said that although he would like to support a local hauler, the increase would be too much. Motion by Mr. Loparo, seconded by Mr. Buck, to approve the bid submitted by Waste Management. Roll call on the motion, 6 yeas. Motion carried.
TOPIC: FINANCIAL SITUATION
Mayor Evangelista said that although the Village is trying to reduce expenditures, it is time to discuss options for new revenue and asked for comments from Council.
Mr. Loparo said that he is concerned about comments from residents about reduced services and losing good employees. He added that the Village can’t afford not to ask citizens for a 1% tax increase and suggested that significant amounts of the new revenue be designated for maintenance & repair (M & R). Mr. Loparo also said that a suggestion box could be placed in Village Hall in order to get comments from the citizens about a possible income tax rate increase or levy.
Mr. Britton said that he agrees with Mr. Loparo and that there hasn’t been an increase in the income tax rate in over twenty years. He added that this process should have started four or five years ago but that it has to be done now.
Mr. Buck said that it is possible that employees are getting fearful about their jobs after hearing about the Village’s financial problems, the funds are needed and that an additional 1% should carry the Village a long time. He also said he agrees that a portion of the new revenue should be designated to M & R.
Mr. Vest said that he agrees that the funds are needed but that he is in favor of a police or road levy.
Mr. Hamercheck said that he ran on a campaign of fiscal responsibility and that he still has no answers as to where the Village’s money went. He has concerns about past practices of employee buyouts and that he wants guarantees that those practices will stop. Mr. Hamercheck also said that he has concerns that current budgets will be reduced if the new revenue is allocated to certain areas. Mr. Hamercheck suggested an effort to put the budget information in plain English.
Mr. Loparo explained that previous year’s reported carry-over amounts were incorrect, they weren’t discovered until the audit and that it took almost two years to get correct numbers.
He added that steps have been taken toward fiscal responsibility. Including the hiring of a full-time Fiscal Officer and changing to an updated accounting system. Mr. Loparo said that he agrees that there should be explanations as to where the money went and what any new revenue will be used for.
Mayor Evangelista explained that an increase in property tax would hit everyone and that income tax is generated by people who are earning income. He added that in his opinion, an income tax is fairer.
Mr. Lee suggested the budget committee compare an income tax rate increase verses a levy and come to Council with a recommendation. Mr. Lee also requested a three to four year projection as to what could be accomplished with any additional income tax revenue. Mr. Lee also said that because he is not against banking some funds in order to have some reserves, he agrees with Mr. Loparo to put an additional 1% increase on the ballot.
Mr. Loparo added that the Village legal expenses have been extraordinarily high over the last few years. Mr. Britton reminded everyone of Mr. Vest’s comment shortly after becoming a councilman saying that there is no waste in the budget. Mr. Britton also said that he would also like to see more carryover in order to have funds for unexpected projects like Safford Street or matching funds. Administrator Zapp agreed that money has to be available for matching funds and explained that some of the grant money awarded for the Safford Street repairs had to be declined because the matching funds weren’t available. Mr. Hamercheck asked if the money lost was in addition to the $500,000.00 previously lost. Administrator Zapp explained that the $500,000.00 was never officially awarded to Madison Village. Fiscal Officer Pinkert said that if the $500,000.00 came in today it could only be used for a road garage and wouldn’t relieve the current financial crisis.
QUESTION & ANSWERS
Larry Larson, 239 W Main Street, asked what the board of elections deadline is to put an issue on the ballot and is Council only going to take suggestions from residents for two weeks. Mayor Evangelista said that the deadline is 75 days prior to the election. Mr. Loparo explained that the budget committee will take suggestions until that deadline and that the legislation can be amended before it is submitted to the Board of Elections.
Larry Larson also said that the Police Department should make decent cuts and that he plans to submit ideas for saving money to the budget committee. He added that any income tax rate increase approval will require community support.
Rich Janco, 178 E. Main Street, said the following:
Mayor Evangelista said that any additional revenue would be used to restore services first. Mr. Janco said that based on what he has heard tonight, he doesn’t think an income tax rate increase will pass and he won’t vote for it without percentage designations for the additional revenue.
Cathy Lynn, 209 W. Main Street, said that she agrees with Mr. Vest that there should be a police levy. She also said that if other departments are making sacrifices, the Police Department should also.
Mr. Britton reported that the plans for the fundraiser for Juvenile Diabetes on Sunday, August 13, 2006, are moving forward and that they have requested to come in on Saturday and put up a tent. Mr. Britton also said that Al Crawford will be missed; as will Adam Yankie. He also said that Adam Fabel will be missed; he made many contributions to the Village over the years. Mr. Britton asked for an update on the Auxiliary Police handbook. Solicitor Murray said that a proposal has been drafted and that it is waiting for action by Council. Mayor Evangelista said that it can be discussed at the next meeting. Mr. Britton also reported that the next meeting is June 26th instead of June 19th.
Mr. Hamercheck reported that the Recreation Board meets on June 22, 2006, and that they are looking for input from residents as to the direction the community wants the Recreation Board to go.
Mr. Vest reported that the Planning Commission has two public hearings scheduled on June 12, 2006, for a rezoning request by Vincent Homes and change in the signage regulations for the B-1 district. Mr. Vest also expressed thanks to Al Crawford for his service to Madison Village.
Mr. Vest asked if the meeting scheduled for July 3rd is going to be changed. Motion by Mr. Britton, seconded by Mr. Loparo, to change the July 3rd meeting to July 31, 2006. Roll call on the motion, 6 yeas. Motion carried.
Mr. Loparo reported that there is a Fire Board meeting on June 21, 2006. Mr. Loparo also inquired about the Senior Citizen’s Center Bylaws and asked if new appointments have to be made. Mayor Evangelista said yes it can be discussed at the next meeting.
Mr. Buck reported that he recently attended the Madison-Perry Area Chamber of Commerce Board of Directors meeting.
Mr. Lee, no report.
ENGINEER’S REPORT
Engineer Foley reported that Village Glen Phase II is ready to proceed with getting the plat recorded. The issue will probably get to Council next month in order to get an August approval.
FISCAL OFFICER REPORT
No report.
ADMINISTRATOR’S REPORT
Administrator Zapp said that both Adam Yankie and Al Crawford were valued employees and that he is sorry to see them go.
MAYOR’S REPORT
Mayor Evangelista reported the following:
Market in the Park is moving forward.
Solicitor Murray is drafting legislation for Council’s consideration regarding transfer of sick time for employees.
Mayor Evangelista announced the following employee anniversaries:
Dawn Shannon Police Department 10 years
Mike Vernon Police Department Part-time 6 years
Mayor Evangelista announced the following employee June birthdates:
Dave Yankie Water Department
Mayor Evangelista announced the following dates:
Tuesday Cruise-Ins June 6, 2006
Concert in the Park June 8, 2006
Budget Committee June 12, 2006
Planning Commission June 12, 2006
Fire Board June 21, 2006
Recreation Board June 22, 2006
Flag Day June 14, 2006
Council Meeting June 26, 2006
Motion by Mr. Buck, seconded by Mr. Britton, for executive session for legal and personnel at 10:15 p.m. Roll call, 6 yeas. Motion carried. Mayor Evangelista informed everyone that there would be no business after executive session.
Mayor Evangelista called the meeting to order at 11:21 p.m. Council Members Mr. Britton, Mr. Buck, Mr. Hamercheck, Mr. Lee, Mr. Loparo and Mr. Vest were present. Also in attendance, Mayor Evangelista and Solicitor Murray.
Motion by Mr. Britton, seconded by Mr. Lee, to adjourn at 11:25 p.m. Roll call, 6 yeas. Motion carried.