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COUNCIL MINUTES
COUNCIL MINUTES VILLAGE OF MADISON Regular Meeting March 19, 2007
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. Bartlett, Mr. Hamercheck, Mr. Lee, and Mr. Vest were present. Mr. Loparo was excused. Also in attendance, Mayor Evangelista, Solicitor Mike Murray, Administrator, Matt Zapp, and Engineer, Eric Haibach. Excused were Fiscal Officer, Brenda Brcak and Chief Mark Forsythe.
Motion by Mr. Vest, seconded by Mr. Bartlett that the Minutes from the Regular Meeting of Council, dated March 5, 2007 be approved. Roll call on the motion, 4 yeas (Britton, Bartlett, Vest and Hamercheck). One abstain (Lee). Motion carried.
Pay Ordinance No. 2132 totaling $28,609.22 for payroll and $42,610.77 for current and upcoming expenses was presented. Motion by Mr. Britton, seconded by Mr. Lee, to approve Pay Ordinance No. 2132. Roll call on the motion, 5 yeas. Motion carried.
Questions and Answers on Pending Legislation
Gordon Musclow, 178 Willowbend: regarding Ordinance 9-2007- License Plate Fee. Encouraged Council to consider not passing the additional $5 fee to registrations. Residents are already overly burdened with taxes in this community.
Mark Bayshore, 205 Manchester: regarding Ordinance 9-2007 – License Plate Fee. Requested clarification of what motorized vehicles would be included in this fee. Solicitor Murray clarified that this would include anything that was a motorized vehicle, including mopeds and snowmobiles. Question on what items were included with financial projections stated at previous meetings was asked. Mr. Lee responded that the 2,700 vehicle quoted were based on vehicles only and not inclusive of mopeds, boats and snowmobiles. Recreational vehicles would also be included in this fee.
Larry Larson, 239 West Main Street: regarding Ordinance 10-2007 – Delinquent sanitary sewer charges, water rents and garbage collection fee. Mr. Larson stated that the last billings were based on estimate and not actual charges. Mr. Larson questioned the legality of not doing actual reads for actual consumption at old rates, prior to enacting the higher water rates. Administrator Zapp responded that the weather conditions prohibited staff from doing actual reads, and the Village did utilize their best efforts in doing individual reads when requested. If it is the direction of Council, we can go back and re-read meters in the entire village. Councilman Lee stated that this situation should be up to the Administrator, and no other actions required.
Jack Lading, 603 West Main Street: Requested clarification of how the new water billing would affect irrigation meters. Administrator Zapp stated that there would be no change in the operations of the irrigation meters and their exemption status from sewer rates.
Kathy Lynn, 209 West Main Street: regarding Ordinance 75-2006 – Employee Handbook. Mrs. Lynn asked if the Safety Handbook has been received from the Chief, and what is its status in paralleling to the proposed Employee Handbook for other staff. Mayor Evangelista stated that they did not have the Safety Handbook from the Chief as of yet, but work is being done to parallel both documents. Mrs. Lynn further asked if Council would pass the proposed Employee Handbook absent the Safety Department Handbook. Mayor Evangelista that Ordinance 75-2006 would be addressed by Council at Council’s wishes.
Jeff McQuinley, 187 Hyder Drive: regarding Ordinance 12-2007 – District Map Designations. Mr. McQuinley requested the physical location of the property addressed with this Ordinance, as the direction was somewhat confusing. Councilman Vest noted that this is the location of Chicken and Things on Lake Street. The Ordinance would allow for an addition on the building as the property would go from R-2 to B-1 business.
Old Business
ORDINANCE NO. 75-2006 status on Tabled Ordinance was reviewed. AN ORDINANCE ADOPTING A NEW EMPLOYEE HANDBOOK FOR VILLAGE EMPLOYEES, EXCEPT POLICE PERSONNEL, AND REPLACING ORDINANCE 22-1985. Proposed Ordinance to remain Tabled at this time to allow all Councilmen to receive and review the final draft of the document. This is an action item to be addressed at the April 2, 2007 meeting of Village Council.
ORDINANCE NO. 8-2007 was read by Solicitor Murray, third reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR OF SERVICES AND THE FISCAL OFFICER TO ENTER INTO A CONTRACT WITH GEHRING’S AGENCY, INC., ON VEHICLE INSURANCE FOR MADISON VILLAGE, AND DECLARING IT AN EMERGENCY. Motion made by Mr. Vest, seconded by Mr. Bartlett that Ordinance 8-2007 be approved. Roll Call on the motion, 5 yeas. Motion carried.
ORDINANCE NO. 9-2007 was read by Solicitor Murray, second reading. AN ORDINANCE ENACTING A $5.00 MOTOR VEHICLE LICENSE FEE PURSUANT TO SECTION 4504.172 OF THE OHIO REVISED CODE. Councilman Hamercheck inquired if language could be changed to allow for the use of funds to include traffic lights and traffic signals. Solicitor Murray stated that “use” language was written to cover a broad area of uses. The inclusion of traffic lights, structures, maintenance and debt would all be covered by law under the proposed language. Discussion was continued on revising this policy and go three readings, defeating the Ordinance and bringing it back with a change in “use” language or approving the Ordinance tonight and amend the Ordinance at a future time.
Mr. Lee asked that Council poll the audience for their perspective on the Ordinance, with the $5 fee being used to support signalization in the Village. Audience poll resulted in 22 in favor and a few against. Further discussion on the amount of funds needed and a time frame of this assessment was held. Mr. Lee stated that he felt Council should defeat the Ordinance as it stands, and complete a financial and replacement plan before re-addressing the $5 fee at a future time. Motion made by Mr. Britton, seconded by Mr. Vest that Ordinance 9-2007 be approved. Roll call on the motion, 0 yeas, and 5 nays. Motion defeated.
ORDINANCE NO. 10-2007 was read by Solicitor Murray, second reading. AN ORDINANCE CERTIFYING DELINQUENT SANITARY SEWER CHARGES, WATER RENTS, AND REFUSE AND GARBAGE COLLECTION FEES TO THE LAKE COUNTY AUDITOR FOR COLLECTION AS OTHER MUNICIPAL TAXES ARE COLLECTED, AND DECLARING AN EMERGENCY.
New Business
ORDINANCE NO. 11-2007 was read by Solicitor Murray, first reading. AN ORDINANCE MAKING APPROPRIATIONS FOR THE CURRENT EXPENSES AND FOR OTHER EXPENDITURES OF THE VILLAGE OF MADISON, STATE OF OHIO, FOR THE PERIOD BEGINNING JANUARY 1, 2007 TO AND INCLUDING DECEMBER 31, 2007. Motion made by Mr. Vest, seconded by Mr. Hamercheck that the three reading rule be suspended. Roll call on the motion, 5 yeas. Motion carried.
Motion made by Mr. Bartlett, seconded by Mr. Vest that Ordinance 11-2007 be approved. Roll call on the motion, 5 yeas. Motion carried.
ORDINANCE NO. 12-2007 was read by Solicitor Murray, first reading. AN ORDINANCE AMENDING ORDINANCE NO. 33-1996, AS AMENDED, AND THE DISTRICT MAP AND DISTRICT MAP DESIGNATIONS WHICH FORM A PART OF THE ZONING CODE OF THE VILLAGE OF MADISON BY CHANGING THE LAND USE OF AND REZONING A CERTAIN PARCEL OF REAL PROPERTY LOCATED AT OR NEAR UNION STREET, 165 FEET WEST OF LAKE STREET, IN MADISON VILLAGE, FROM “R-2” SINGLE FAMILY RESIDENCE DISTRICT TO “B-1” BUSINESS DISTRICT.
ORDINANCE NO. 13-2007 was read by Solicitor Murray, first reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR OF SERVICES AND THE FISCAL OFFICER TO EXECUTE A LEASE AGREEMENT WITH JAMES STEVENS FOR 364 SQUARE FEET IN THE STRATTON PLACE BUILDING AT 33 EAST MAIN STREET AND DECLARING AN EMERGENCY. Motion made by Mr. Vest, seconded by Mr. Britton that the three reading rule be suspended. Roll Call on motion, 5 yeas. Motion carried.
Motion made by Mr. Britton, seconded by Mr. Lee that Ordinance 13-2007 be approved. Roll call on motion, 5 yeas. Motion carried.
ORDINANCE NO. 14-2007 was read by Solicitor Murray, first reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR OF SERVICES AND THE FISCAL OFFICER TO ENTER INTO A CONTRACT WITH GEHRING’S AGENCY, INC. ON BEHALF OF WESTFIELD COMPANIES, FOR PROPERTY INSURANCE FOR MADISON VILLAGE, AND DECLARING AN EMERGENCY.
Motion made by Mr. Britton, seconded by Mr. Bartlett to approve the purchase of an Administrative network server and laptop computer from CPC at the cost of $5,980.00. Roll call on the motion, 5 yeas. Motion carried.
Motion made by Mr. Lee, seconded by Mr. Hamercheck to approve the renewal of employee health insurance with Medical Mutual of Ohio, for full time employees of the Village. The Base Plan (1000/3000) to be offered at no cost to the employee. Employees wishing to maintain the current level of benefits (SuperMed 90) will be responsible for 10% of 2007 premium costs. All effective April 1, 2007. Roll call on motion, 5 yeas. Motion carried.
Motion made by Mr. Lee, seconded by Mr. Bartlett that the Village purchase flood insurance for the sewer plant, at the annual cost of $866 for $100,000 building coverage/$30,000 in contents. Discussion was held on the purchase of Insurance. Mr. Hamercheck expressed concern on continuing to purchase insurance that may not be needed, and letting other needs go with the limited resources available to us in the budget. Further discussion addressed the financial needs in the Sewer Department. and our requirements to meet our debt needs. Roll call on the motion, 5 yeas. Motion carried.
Visitor Comments
Jack Lading, 603 West Main Street: Expressed condolences to Mr. Lee with the passing of his mother. He also recognized the Heywood’s and their upcoming move from the Village to Chardon at the end of the month. Concerns were expressed regarding the previous Budget Committee Meeting and comments made at that meeting concerning the expenditure of funds from the Auxiliary funds. Were the funds spent with appropriate authorization? Answers to this issue to be presented at the next meeting.
Jeff McQuinley, 187 Hyder Drive: Requested clarification if the sewer plant was in a flood plain. Administrator Zapp answered that it was in the flood plain, and this is a precautionary measure with the amount of ground water and rainfall that has been experienced.
Janine Hathaway, 215 W. Parkway: Asked the Mayor if he was personally in charge of the funds of the Auxiliary? Mayor Evangelista stated that he was not personally responsible, and the funds were under the direction of the group. It was stated that the Chief committed a felony in the expenditure of funds for a private bill, without authority. Mayor Evangelista stated that he would get further information from Chief Forsythe and Officer Mussell on this expense and inventory of the Auxiliary equipment.
Larry Larson, 239 West Main Street: Expressed resident concerns as expressed at Village Resident Meeting. He requested that Village Council approve a resolution mandating the minimum man hours of Chief Zilke at the Madison Fire Station #1, for continued safety of residents. Further comments and discussions were held on the legality of use of Auxiliary Funds for private expenses. Mr. Larson requested that Chief Forsythe be held accountable for his actions. Mr. Larson called for the resignation of Chief Forsythe, and replacement with a qualified person.
Don and Vivian Heywood, 35 Saxton Street: Commented that they would be leaving Madison Village at the end of March, and would be moving to a ground floor unit in Chardon, Ohio. Thanks to everyone for their dedication to the Village and the favorable memories they will be taking with them.
Jeff Savage, 591 West Main Street: Addressed Council asking the cost of placing an issue on the ballot. Mayor Evangelista answered that a regular election is a no cost item to the Village. He stated that in 1983 he paid $1 in taxes, which is now costing him $3 in 2007. He thanked and appreciated efforts being done by all, despite financial constraints.
Kathy Lynn, 209 West Main Street: Addressed Mayor Evangelista about the lack of response and answers to questions that she has submitted to the Mayor via e-mail. Questions were raised concerning the number hours of work of Chief Forsythe, and inconsistency of work hours in comparison to other administrators in the Village. Clarification was requested of what constitutes and day; 8 hours or 40 hours per week. Mayor Evangelista stated that a day is considered 8 hours. She stated that Mayor Evangelista was not doing what was necessary to monitor and reprimand Chief Forsythe., and further direction is needed. If Mayor Evangelista could not do his job, then he needed to resign and let someone else take over. Mayor Evangelista will continue to work with Chief Forsythe.
Mark Bayshore, 205 Manchester: Discussed the proposed closing of the Madison Perfection plant, and how will that effect the 2007 Budget. Mayor Evangelista stated that he has been trying to contact Mr. Satterfield from Perfection, and is awaiting a return call when he gets back into town. Councilman Bartlett updated that the 2007 Budget had been adjusted by $12,000 to accommodate the loss in revenue. He also inquired about other economic development activities that were going to replace the loss of jobs in the Village.
Council Reports
Mr. Britton: Thanked Don Heywood for all of his service to the Village.
Mr. Hamercheck: Commended Administrator Zapp for the good job that he is doing for the Village and his diligence in activities and working through problems. On other issues:
Mr. Vest: Thanked Don and Vivian Heywood for the many positive things they have done for the Village over the years. He also sent best wishes to Mr. Loparo who is recovering at home. Commendations go out to the Fire District on the excellent job they did at the condo fire, despite shortage of staff. Coming meetings:
Mr. Bartlett: Thanked the Police and Fire Departments for their support and involvement at the condo fire. A special thank you was verbalized to Don and Vivian Heywood for their support to the Village. They are leaving good memories with many citizens of all ages. In other issues, Mr. Bartlett asked Mayor Evangelista to add Committee Reports to Council Agendas on a monthly basis. It is also time for the Budget Committee to begin work on the 2008 Budget.
Many new challenges will be faced in 2008. Lastly, he had a meeting with a concerned citizen last week pertaining to ATV use. It is requested the people be considerate and interface with their neighbors. The need to be respectful of neighbor’s schedules should be considered.
Mr. Lee: Thanked all for kind words and prayers with the recent passing of his mother. He also thanked Council, Administrator Zapp and Fiscal Officer Brcak for the flowers at the funeral. Coming Meetings:
Mr. Lee requested that use of future holiday pay and intermingling of holiday/vacation/sick time be outlined in the Employee Handbook, even if a future Ordinance amendment be required. It was also requested that Mayor Evangelista speak with Chief Forsythe about meeting report needs as requested by Council. Reports requested for January were not 100% completed and February report not supplied. A complete set of January through March 2007 hours and salary (as outlined in the request) would be appreciated at the April 2, 2007 Meeting. In addition, the 2005 and 2006 Trust Account Annual Reports, as reported to the Ohio Attorney General, are due at this time.
Engineer’s Report
No Report.
Safety Report
No Report.
Administrator’s Report
Administrator Zapp announced that changes have been made to the phone system, and now a person calling the Village will receive a live voice. The only exception would occur if all three lines at the Village were in use at the same time. Any emergency calls after 6:00 p.m. should be directed through 911.
On a personal note, special thank you to the police and fire department for their quick response over the weekend on an emergency at his home.
Mayor’s Report
Upcoming meeting dates: 4/7/2007 – Tax Assistance Day – 9:00 to 12:00 3/20/2007 – Comprehensive Planning 3/21/2007 – Fire Board Meeting 3/31/2007 – Neighboring Dinner – Mentor 4/2/2007 – Next Council Meeting
Kudos’ to members of the Police and Fire Department for their response to the condo fire.
Motion made by Mr. Hamercheck, seconded by Mr. Vest to approve Resolution 6-2007, honoring Terri and Taylor Blystone for their heroic efforts on March 11, 2007, at the fire on Burns Road. Roll call on the motion, 5 yeas. Motion carried.
Motion made by Mr. Bartlett, seconded by Mr. Vest to approve Resolution 7-2007, in support of flying the POW Flag. Roll call on the motion, 5 yeas. Motion carried.
In other comments, to Don and Vivian Heywood: the Village will not be the same without them. Chardon is picking up excellent residents.
Employee anniversaries and birthdays for April 2007 were reviewed.
Motion by Mr. Vest, seconded by Mr. Hamercheck to enter into executive session at 9:25 p.m. for matters of Safety Legal. Roll call on motion, 5 yeas. Motion carried.
Council reconvened to Public Session at 10:35 p.m.
Motion by Mr. Vest seconded by Mr. Britton that the meeting be adjourned at 10:39 p.m., roll call 5 yeas. Motion Carried. Meeting Adjourned.
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