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COUNCIL MINUTES VILLAGE OF MADISON Regular Meeting March 5, 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. Loparo, and Mr. Vest (entering the meeting at 8:20 p.m.) were present. Mr. Lee was excused. Also in attendance, Mayor Evangelista, Solicitor Mike Murray, Administrator, Matt Zapp, Fiscal Officer, Brenda Brcak, Chief, Mark Forsythe and Engineer, Eric Haibach for Ned Foley. .
A request by Erie Homes to rezone parcel #02-A-004-0-00-011-0 located a 474 East Main Street from R-2 Residential to R-1 Residential Subdivision District, was heard in Public Hearing
Motion by Mr. Bartlett, seconded by Mr. Britton that the Minutes from the Regular Meeting of Council, dated February 20, 2007 be approved as amended, noting the addition of the Chief Forsythe and “the Safety Committee” to review the Employee Handbook (bottom of page one). Roll call on the motion, 3 yeas (Britton, Bartlett, and Hamercheck). One abstain (Loparo). Motion Carried.
Fiscal Officer Brcak presented Pay Ordinance No. 2131 totaling $32,351.65 for payroll and $71,138.32 for current and upcoming expenses. Motion by Mr. Britton, seconded by Mr. Hamercheck, to approve Pay Ordinance No. 2131 and amend the employee overtime to 81.75 hours. Roll call on the motion, 4 yeas. Motion Carried.
Questions and Answers on Pending Legislation
Jack Lading, 603 West Main Street: requested timing information on Ordinance 9-2007 – License Plate Fee. The Ordinance and collection of fee would be continuance in nature and collected from any motorized vehicle issued a license plate.
Larry Larson, 239 West Main Street: requested status of 75-2006 – Employee Handbook, and when we would see the Police and Auxiliary Handbook come for review. Mayor Evangelista reported that this was already in progress as the Safety Committee was in review. The Auxiliary handbook has been completed.
Louise Loucek, 198 Hyder Drive: requested information on Ordinance 9-2007 – License Plate Fee and what would the funds from this fee be used for. Mayor Evangelista and Solicitor Murray stated that the use of these funds are restricted by law, and can only be used for repair and maintenance of roads and bridges. No other legal uses are known.
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 discussion by all Council Members at the next meeting.
ORDINANCE NO. 7-2007 was read by Solicitor Murray, third 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. Hamercheck, seconded by Mr. Bartlett that Ordinance 7-2007 be approved. Roll Call on the motion, 1 yea (Bartlett), 3 nays (Britton, Loparo and Hamercheck). Motion failed.
ORDINANCE NO. 8-2007 was read by Solicitor Murray, second 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.
ORDINANCE NO. 9-2007 was ready 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.
Discussion was held on changing the purpose of Ordinance 9-2007 to include repair and replacement of traffic control devises that are in poor condition. John Hamercheck shared pictures and updated Council as to the status of traffic devices.
Mr. Loparo stated that he is against this Ordinance. The Village is in need of much longer term financial solutions. This Ordinance is just a band aid on a bleeding wound.
Mr. Bartlett thanked Council for the open discussions on this issue and bringing concerns to the table on the second reading. Long term needs should be addressed including the lack of trust that the community has toward the Village.
New Business
ORDINANCE NO. 10-2007 was read by Solicitor Murray, first 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.
RESOLUTION 5-2007 was read by Solicitor Murray. A RESOLUTION HONORING BENJAMIN PIERCE ROSS OF BOY SCOUT TROOP 5 UPON EARNING AND RECEIVING THE DISTINGUISHED EAGLE SCOUT AWARD. Motion made by Mr.
Loparo, seconded by Mr. Hamercheck, that Resolution 5- 2007 be approved. 4 yeas. Motion Carried.
Topic: Purchase of Administrative Computer. Administrator Zapp reviewed a quote received from CPC for $6,470 to replace the Administrative Computer and server with a laptop and docking station. Discussion on the purchase followed. Concerns on the need for a docking station were addressed by Mr. Loparo and Mr. Hamercheck. Mr. Bartlett agreed that a laptop would be a wise choice but not a docking station. Following continued discussion, the computer purchase was deferred to the Budget Committee.
Motion made by Mr. Britton, seconded by Mr. Loparo to approve the following Blanket Purchase orders in excess of $2,000 in accordance with Purchase Order regulations:
Lake County Department of Utilities $ 55,500.00 P.O. #1-2007 Illuminating Company $ 20,400.00 P.O. #96-2007 Dominion East Ohio Gas $ 11,500.00 P.O. #103-2007 Illuminating Company $ 28,319.05 P.O. #118-2007 and P.O. #121-2007 Roll Call on motion 4 yeas. Motion Carried.
The Budget Committee Meeting, scheduled for March 12, 2007, will pertain to Health Care options and costs. Only one reading will be held on a proposed Ordinance prior to the effective date of our renewal
Motion made by Mr. Hamercheck, seconded by Mr. Bartlett that the Village expenditure of $5,020 on the proposed Sewer Department air mixer, be approved to maintain operations. Roll call on motion 4 yeas. Motion Carried.
Mr. Vest entered the meeting at 8:20 p.m.
Visitor Comments
Jack Lading, 603 West Main Street: Passed out revisions to Executive Session and Sunshine Law Regulations as issued by the Ohio Attorney General’s Office.
Gordon Musclow, 178 Willowbend: Stated it is now March 5th and the Village still has no budget for the 2007 year. No discussion is being held to address our pending debt and we have no collective voice on the future of the Village and what needs to be done to be financially responsible for operations. Council need to look to collective acts for the future.
Steve Baldwin, Madison Township: Addressed Council and residents present on behalf of the Madison Local School Board and School Facility Committee. The State of Ohio has made funds available to the school district to enhance buildings and building replacement. Matching funds from the community will be needed for the project, but the state’s portion will be anywhere from 60% – 75% of the cost. The district is working towards a master plan for building replacement through the Facility Committee. Council was encouraged to be involved in the committee and requested an appointment to the committee to work with the community in planning.
Motion made by Mr. Britton, seconded by Mr. Loparo that Councilman John Hamercheck be appointed the primary representative and Don Bartlett the secondary representative on behalf of the Village. Roll call on appointment, 5 yeas. Motion Carried. Fiscal Officer Brcak will forward a letter of authorization to the School Board certifying the appointments.
Larry Larson, 239 West Main Street: Addressed the Safety Department and officer coverage. The condition of heat and turning the gas back on at the Police Garage and safety of the vehicles was noted. The budget continues to dwindle by the month as more operational expenses are coming up. Mr. Loparo thanked Mr. Larson for his comments and concerns.
Ken Takacs, 164 Huntington Woods: Addressed plans for Water and Sewer operations and financial planning for the same. The Law Enforcement Trust funds were also discussed. In accordance with ORC 2933.33 reporting requirements for these funds are specified. Trust Funds are required to be reported to the legal body as the legislative authority (Village) on an annual basis by January 31st. Financial Reporting for the same is required with the Attorney General’s Office by March 1st according to the laws of the State of Ohio. Mr. Takacs questioned if our reports were timely and accurate as of tonight. Fiscal Officer Brcak and Chief Forsythe responded that the March 1st deadline was met for the Attorney General’s filing requirement for the 2006 reporting year. The 2006 Financial Reports of the Village does include the existence to these two account and their cash balance as of December 31, 2006. Being that these funds were not known and operated through the Village’s financial records during 2006, actual operations were not reflected, but will be from January 1st forward. Each Councilman was asked if they were aware of these accounts and had they been reported. The need for responsibility was stated.
Dave Kern, 107 Hyder Drive: Questioned the Erie Homes Public Hearing held earlier this evening and requested and update to the change in status to R-1 from R-2 residential. Administrator Zapp and Engineer Haibach gave update. Mr. Kern is greatly opposed to this development for the safety of his family and other children in the neighborhood. He sees no financial gain to him and is concerned about his corner lot and back yard now being a construction zone.
Kathy Lynn, 209 West Main Street: Stated that the Village needs to learn to live within it means. The existence of the Neighborhood Watch account was addressed and was council aware of its existence. Fiscal Office Brcak and Chief Forsythe addressed. This account is not one of the Village’s accounts, no employee of the Village is on the account nor do we direct or have ownership to any of the funds. Administrator Zapp added that these funds are much like those of the Madison Old Fashioned Days. People that work for the Village may participate, but the funds are not derived for the Village’s benefits. Mrs. Lynn also asked if the gas had been turned back on at the Police Garage. Administrator Zapp answered that it had not.
Richard Janco, 178 East Main Street: Continued discussion on vehicles applicable to the $5 license fees. Solicitor Murray to verify applicable licenses to be charges and report back to council, but felt is was all licenses issued. Council was asked if they had any plans to go back to the polls in 2007 with money issues. Administrator Zapp answered yes, we can not support 2008 needs based on current funding.
Louise Loucek, 198 Hyder Drive: Asked for clarification of R-1 and R-2 Residential classifications and any restrictions associated. Engineer Eric Haibach stated that R-1 restricted
in home businesses, whereas, R-2 had less restrictions that would allow business to be operated out of the home. Otherwise, both classifications are similar.
Council Reports
Mr. Britton: Thanked Jack Lading for digging out his fire hydrant and keeping that area cleaned during the recent snow fall.
Mr. Hamercheck: Updated Council that the Recreation Board has met and that Bylaws are being addressed. Proxy votes defaulting to Senior Members of the Committee and the Employment of Felons are items being discussed.
In other business, Mr. Hamercheck addressed neglect of roads and lack of maintenance; Also addressed was Long Term Planning needs; regulations as set forth by the Sunshine Laws and Councils needs to better comply with these requirements; the need for a Master Plan to build better credibility and accountability; and the requirements of bonding to fix construction. Mr. Hamercheck also stated that he did not support going to the polls for additional funding for the Village in 2007.
Mr. Vest: Stated that he was not aware of any additional funds that had not been disclosed to Council at this time. Meeting reports:
*March 12, 2007 – Planning Commission Meeting. The committee will be forwarding documentation to Council for consideration for fee structures. *Tonight attended the Lake County Health District meeting. This was the first meeting of the year and was their planning meeting. Some programs reviewed include vaccines against the Panoramic Flu; the “Help Me Grow Program” and benefits offered to people in Lake County through that program; Tobacco Programs to quit smoking; and the upcoming Mixers and Shakers event for young people in the County.
Mr. Loparo: Addressed comments on the Sunshine Laws. He also felt that Long Range Planning was needed in the Village. At the present time he could not support the proposed Budget for 2007 as we don’t address our long range needs and that of the Safety Department. The Safety Trust Funds are now part of our budget and the Attorney General’s Office has monitored past operations of these Funds. As for future money needs of the Village, residents need to realize that it takes more money today than it did twenty plus years ago to support operations. Things just cost more today than they did in the past years.
In other comments, Mr. Loparo thanked everyone in the office for their hard work during this time of staff shortage. He also thanked Fiscal Officer Brcak for uncovering and cleaning up some financial items in the Village.
Mr. Bartlett: He has now been on Council for five months and sees several challenges before us. Mr. Bartlett too, is not aware of any unrecorded accounts in the Village. In other areas, Mr. Bartlett stated he does support the proposed budget for 2007 and appreciated the information on the Sunshine Laws. Administrator Zapp, Fiscal Officer Brcak and Chief Forsythe were thanked for working together to keep operations moving forward for the Village.
Engineer’s Report
Eric Haibach reported that the contractors have completed the utility connections at the hotel site. The actual construction of the building can now begin.
Safety Report
No report.
Administrator’s Report
Administrator Zapp updated Council on the current condition of the 1995 and 1997 plow trucks. Both trucks are in need of repair due to elements and age. The 1998 Sidewalk plow also has major mechanical problems and will need to be replaced. All non-budgeted items. There is also a need for a signal at 528 & I-90.
This winter, the Road Department has kept up with plowing and salting of roads with 25% less staff members on the crew. For the future, the Village needs to pray for greater unity and the opportunities to address the financial crunch we are living with. No planning has been focused on how we will get through 2008, but our current revenues will not get the Village through 2008.
Mayor’s Report
The Mayor reported that Lake County was looking to a county-wide Bond Issue in 2007, estimated to generate 10 million dollars, to address emergency equipment replacement needs at the county level.
Upcoming meeting dates: 3/12/2007 – Budget Committee Meeting 3/17/2007 – Fire Board Meeting 3/19/2007 – Next Council Meeting
Motion by Mr. Hamercheck seconded by Mr. Vest that the meeting be adjourned at 9:15 p.m., roll call 5 yeas. Motion Carried. Meeting Adjourned.
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