COUNCIL MINUTES
VILLAGE OF MADISON
Regular Meeting
March 20, 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. 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. Loparo, seconded by Mr. Buck, to approve the minutes of the regular meeting of March 6, 2006, with the following corrections:
Page 3, Regarding Ordinance 7-2006 there was only a motion by Mr. Loparo and no
second.
Page 4, Larry Larson’s comment, 7-2005 should be changed to 7-2006.
Maureen Smith’s comment the word “she” should be removed.
Roll call on the motion, 5 yeas. Motion passed.
Fiscal Officer Pinkert presented Pay Ordinance #2108 totaling $31,707.28 for payroll and $178,648.35 for current and upcoming expenses. Fiscal Officer Pinkert also said that the payment for CT Consultants and Gehring’s will be processed with then & now certificates that will be over $3,000.00. Motion by Mr. Lee, seconded by Mr. Britton, to approve Pay Ordinance No. 2108. Mr. Vest said that this should be the last salt expenditure for this season. Administrator Zapp said the Village has enough salt, not anticipating another major storm in March. Roll call on the motion, 5 yeas. Motion passed.
Mr. Britton welcomed Madison Township Trustee William Brotzman.
Mayor Evangelista said the new procedure for questions is being adjusted to allow questions. Residents are encouraged to fill out a questionnaire form if you feel you didn’t get a good answer.
Don Heywood, 36 Saxton Street, said that he was discouraged that the media didn’t give any attention to his previous comments regarding the need for street maintenance. He asked if Council has discussed what needs accomplished and requested a plan be implemented for preventative maintenance and that funds be designated for it.
Larry Larson, 239 W. Main Street, asked where the village is according to the budget to date and did the Village make $35,000 in payments to John Sample and Ed Matty in the last thirty days. Fiscal Officer Pinkert said that a permanent budget hasn’t been approved but that the income tax revenues are lower than expected for the first quarter and yes those payments were made but that the Village does have cash balances in every fund.
Larry Larson reviewed previously submitted questions & answers and asked if anyone can bring ordinances forward for consideration by Council and do they have to have a sponsor.
Mayor Evangelista said that anyone can submit a request to Council and that the first and second motions by Council are the sponsors.
Larry Larson asked why Police officers are being paid overtime for court. Mayor Evangelista said that it is usually not part of their regular work week. Larry Larson suggested adjusting schedules to avoid unnecessary overtime.
Larry Larson reviewed a news paper article from the Plain Dealer and questioned a comment referring to accumulating more money. Mayor Evangelista said that it is referring to confiscations.
Jeff McQuinley, 187 Hyder Drive, said that he is observing a lot of people riding bikes against traffic and he thought the rule was to ride with the traffic. He also said that he received a letter about a proposed canine and asked if the Village has the opportunity to borrow a dog from another organization. Mayor Evangelista said that in the past the Police Department has but on a suspicious stop it can take from one to three hours to get the dog. He added that if donations can be obtained a dog can be incorporated into the police force.
Larry Larson, 239 W. Main Street, asked where the money for a canine, training, maintenance and vehicle modifications will come from. Mayor Evangelista said it will come from donations as indicated in the letter he sent out (included as part of these minutes). Mayor Evangelista requested Jeff McQuinley read the letter for everyone.
Larry Larson also asked if someone is using a truck for business, do they have to have commercial plates. Administrator Zapp said that it is possible that the signs on the truck are magnetic and that commercial plates may not be required in that case. Mayor Evangelista said that it will be checked into.
OLD BUSINESS
ORDINANCE NO. 8-2006 was read by Solicitor Murray, third reading. AN ORDINANCE MAKING APPROPRIATIONS FOR THE CURRENT EXPENSES AND FOR OTHER EXPENDITURES OF THE VILLAGE OF MADISON, OHIO, FOR THE PERIOD BEGINNING JANUARY 1, 2006, TO AND INCLUDING DECEMBER 31, 2006.
Motion by Lee, seconded by Mr. Loparo, to approve Ordinance No. 8-2006.
Fiscal Officer Pinkert reviewed the changes to the original Ordinance No. 8-2006. Mr. Loparo informed everyone that the Mayor implemented a Budget Committee in 2006 and that they will be meeting the second Monday of every month in order to monitor the Village finances. He also said that the Village may be able to subscribe into the medical insurance plan of Lake County at a substantial savings. Administrator Zapp said that based on rates received from the Assistant Lake County Administrator, the quote the Village received with a thirty percent increase is still lower than the County premiums. He added that he is confident that because the Village is obtaining other quotes and that the Village will get a premium closer to the current and one and not have to assume that thirty percent increase. Mr. Loparo said the public should know that there is an effort to be very conservative in all of the fiscal affairs. Administrator Zapp pointed out that there is a freeze on wage increases for employees. Mr. Lee asked Fiscal Officer Pinkert to review the income tax revenues this year verses last year and said that the income tax revenues have to be monitored closely due to events last year.
Fiscal Officer Pinkert explained that although revenues were higher than expected in 2005, there was a $25,000 overpayment to the Village in April of 2005 that wasn’t realized until early 2006.
The original income tax estimates for 2006 have been decreased in order to account for the overpayment and to allow for the repayment of the $25,000. She added that the first quarter income tax collections are down from 2006.
Roll call on the motion, 3 yeas and 2 abstain (Vest and Buck).
Solicitor Murray asked for the basis of the abstentions. Mr. Vest said that there were some changes he wanted to see in the budget. Solicitor Murray said that the Mayor should cast a vote in order to have four votes. Mr. Buck said that he is uncomfortable with a budget with a low carry-over balance. Mr. Lee said that the budget has to be passed and submitted to the Lake County Auditor. He added that it isn’t cast in stone and that if the revenues aren’t realized; cuts will have to be made. Administrator Zapp gave an update on the service departments and explained the proposed cuts. Mayor Evangelista cast a yes vote subject to Council’s input for adjustments. Ordinance No. 8-2006 duly passed.
NEW BUSINESS
ORDINANCE NO. 10-2006 was read by Solicitor Murray, second reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR OF SERVICES AND FISCAL OFFICER TO ENTER INTO A CONTRACT WITH GEHRING’S INSURANCE AGENCY ON BEHALF OF ASPEN SPECIALTY INSURANCE COMPANY, FOR LAW ENFORCEMENT LIABILITY INSURANCE FOR MADISON VILLAGE, AND DECLARING AN EMERGENCY.
ORDINANCE NO. 11-2006 was read by Solicitor Murray, second reading. AN ORDINANCE AMENDING SECTION 22 OF ORDINANCE NO. 9-2004 TO INCREASE THE RATE TO BE CHARGED FOR WATER AND WATER SERVICE, AND DECLARING AN EMERGENCY.
ORDINANCE NO. 12-2006 was read by Solicitor Murray, second reading. AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 10-2004 TO ESTABLISH THE RATES TO BE CHARGED FOR SANITARY SEWER SERVICES AND DEFINING RELATED FACILITY CHARGES
ORDINANCE NO. 13-2006 was read by Solicitor Murray, second reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR OF SERVICES AND FISCAL OFFICER TO ENTER INTO A CONTRACT WITH GEHRING’S INSURANCE AGENCY ON BEHALF OF ASPEN SPECIALTY INSURANCE COMPANY, FOR PUBLIC OFFICIAL’S LIABILITY INSURANCE FOR MADISON VILLAGE, AND DECLARING AN EMERGENCY.
ORDINANCE NO. 14-2006 was read by Solicitor Murray, first reading. AN ORDINANCE REPEALING ORDINANCE NO 8-1991 AS AMENDED BY ORDINANCE NO. 75-1993, 26-1996, 43-1997 AND 38-2004 AND ALL AMENDMENTS THERETO, SO AS TO ESTABLISH THE COST OF BURIAL LOTS AND GRAVE OPENINGS, REGULATIONS OF BURIAL LOTS, ALLOCATION OF FUNDS, AND OTHER SERVICES RELATING TO FAIRVIEW CEMETERY
Mayor Evangelista said that one change in this ordinance is that anyone in the Madison Community will pay the same price for a grave.
ORDINANCE NO. 15-2006 was read by Solicitor Murray, first reading. AN ORDINANCE ACCEPTING CT CONSULTANTS AS THE ENGINEERING FIRM FOR THE EXPANSION OF THE MADISON VILLAGE WASTE WATER TREATMENT PLANT, AND DECLARING AN EMERGENCY
Motion by Mr. Loparo, seconded by Mr. Vest, to suspend the three reading rule for Ordinance No. 15-2006. Roll call, 5 yeas. Motion passed. Motion by Mr. Loparo, seconded by Mr. Buck, to approve Ordinance No. 15-2006. Roll call, 5 yeas. Ordinance No. 15-2006 duly passed.
QUESTION & ANSWERS
Richard Janco, 178 E. Main Street, questioned the procedure for the vote on the budget. Solicitor Murray explained that there are times when four affirmative votes are required. His opinion was that the two abstentions and Mr. Hamerchecks’s absence making three votes and three yes votes created a tie, the Mayor must cast the tie-breaking vote. Richard Janco asked if Solicitor Murray is able to make that legal decision. The answer was yes.
Mr. Janco also inquired about the overpayment by CCA. Fiscal Officer Pinkert explained that an employer from Mentor reported taxes as Madison Village’s and it wasn’t caught until they filed their annual return. Mr. Janco expressed concerns about CCA’s service to the Village and suggested bringing the income tax collections in house.
Mr. Janco also said that when the budget was approved there was no indication that Council was listening to residents especially regarding employees paying for a portion of their medical insurance. Mr. Loparo said that healthcare alternatives are being considered but the increase has to be included in the budget because the Village doesn’t have those alternatives in place. Mr. Buck said that continuing to pay employee medical insurance premiums may off set the wage freeze. Mr. Janco questioned if the amounts of the payments to former employees could have been used to keep services in place. Administrator Zapp explained that the total costs estimated for those services were not the amounts used in the budget because by eliminating them it wouldn’t be a 100% savings. The savings amounts in the budgets were five, nine and three thousand for brush, junk and leaf pick-up respectively. Mr. Janco expressed concerns about having to bag his leaves.
Mr. Janco also said that he was required to have a commercial license plate for a ranger that didn’t have a business sign on it.
Larry Larson, 239 W Main Street, said that if a new police cruiser isn’t the budget, the vehicle the Chief is using should be put in the rotation. He also expressed concerns that the Chief of Police doesn’t live in the Village.
Don Heywood, 36 Saxton Street, said that he is confused about the capital project schedule and asked where the money will come from. He suggested that the money be used for more urgent things in the Village. Mayor Evangelista said that there is no money available for the capital project schedule and that at this point it is a wish list. Mr. Loparo said that the budget committee has discussed preventative maintenance.
Gordon Musclow, 178 Willowbend, asked if anyone audits CCA and that his income tax has been going to Burton. Fiscal Officer Pinkert said she doesn’t get individual names from CCA on monthly reports but that she does get monthly reports to review and cross reference.
Sandy Mallory, 4175 Dayton Road, said that she is with Mallory LLC and suggested that she could save the Village money on equipment repairs. Administrator Zapp said that he would like to utilize local businesses and informed everyone how local vendors Phillips and Sons and DRC have recently saved the Village about five thousand dollars.
Mr. Britton gave an update on Old Fashioned Days and submitted a check for $100.00 for the canine and $250.00 toward maintaining the park lawn on behalf of Old fashioned Days.
Mr. Vest thanked Mr. Britton for the donations. He also gave a Planning Commission update. Mr. Vest expressed concerns on behalf of the Madison Park United Methodist Church about the “Market in the Park” regarding hours of operations and parking. Mayor Evangelista said that the program will be designed to try to fit everyone’s needs.
Mr. Loparo said that he was approached by the owner the Tea Room business and she has concerns about “Market in the Park” and having Park Street closed. He said that there was an indication of possible legal action and suggested reconsidering the location of “Market in the Park”. Mr. Loparo also reported that there is a Fire Board meeting on April 5th and he also donated three flower baskets for downtown.
Mr. Buck encouraged everyone to enjoy the upcoming spring weather.
Mr. Lee asked about the Northeastern Ohio Public Energy Council (NOPEC) and if there is any advantage to joining NOPEC. He also said that a resident contacted him and asked why the Village is an electricity member community it isn’t a natural gas member. Mayor Evangelista said that instead of joining the gas aggregation, Council chose to leave that decision up to the residents. He added that although there hasn’t been as much savings as anticipated for electricity, it has helped keep the rates in check. Mayor Evangelista said that he can research it if Council wants to consider opting in. Mr. Lee said that if it would be an advantage, he would like Council to consider it. Mr. Loparo cautioned that the total costs would have to be considered.
ENGINEER’S REPORT
No report.
FISCAL OFFICER REPORT
Fiscal Officer Pinkert reported the following:
The 2005 annual report is complete and has been submitted to the Auditor of State. It will be available for review at village hall starting tomorrow.
The Lake County Auditor will be distributing the first half property tax on March 22, 2006.
She is in the process of getting the budget back on the Village web site in a new format.
ADMINISTRATOR’S REPORT
Administrator Zapp reported the following:
The Historical Society requested the use of the park for their annual flower sale.
Motion by Mr. Britton, seconded by Mr. Vest, to allow the Historical Society to use the Village Park for a flower sale May 11- 14, 2006. Roll call on the motion, 5 yeas. Motion passed.
The Village crews have been cleaning all of the storm drains and checking the streets. There was a drainage problem in the new construction areas of the Parkway Village Glen area.
It is imperative to advertise that the stick & leaf pick-up are going to be abandoned for 2006.
The Village web site, madisonvillage.org, has a new front cover and is in the process of being updated.
MAYOR’S REPORT
Mayor Evangelista reported the following:
Mayor Evangelista announced the following dates:
Merchant’s Association March 22, 2006
Mayor’s Court March 23, 2006
Madison-Perry Area Chamber of Commerce March 23, 2006
Annual awards Dinner
Planning Commission Workshop March 27, 2006
Neighborhood Watch March 29, 2006
Council Meeting April 3, 2006
Administrator Zapp requested to take action on a medical insurance quote that is similar or greater to what is currently in place at cost that is equal to or less than the current premium.
Motion by Mr. Vest, seconded by Mr. Britton to allow the Administrator of Services and the Fiscal Officer to shop for the best deal for healthcare on a month to month basis. Roll call on the motion, 5 yeas. Motion passed.
Mayor Evangelista requested a motion for an executive session for legal and personnel. Motion by Mr. Buck, seconded by Mr. Britton, for executive session for legal and personnel issues. Mayor Evangelista said that there will be a fifteen minute recess before convening to executive session. He added that there will be no business after executive session. Roll call on the motion, 5 yeas. Motion passed.
Mayor Evangelista called the meeting to order at 9:05 pm. Council Members Mr. Britton, Mr. Buck, Mr. Lee, Mr. Loparo and Mr. Vest were present. Also in attendance; Mayor Evangelista, Administrator Zapp, Solicitor Murray and Fiscal Officer Pinkert.
Motion by Mr. Vest, seconded by Mr. Loparo, to adjourn. Roll call, 5 yeas. Meeting adjourned at 9:08 p.m.