COUNCIL MINUTES

VILLAGE OF MADISON

Regular Meeting

March 7, 2005

 

 

 

Record of Proceedings

 

Mayor Evangelista called the meeting to order at 7:04 p.m. and invited all in attendance to join in the Pledge of Allegiance to the American Flag.

 

Council Members Mr. Britton, Mr. Buck, Mr. Burgard, Mr. Loparo Mr. Toward and Mr. Vest were present. Also in attendance; Mayor Evangelista, Administrator Sample, Solicitor Murray, Fiscal Officer Pinkert, Engineer Foley and Acting Chief Forsythe.

 

Motion by Mr. Britton, seconded by Mr. Burgard, to approve the minutes of the regular meeting on February 21, 2005, as presented.  Roll call on the motion, 6 yeas.  Motion passed.

 

Fiscal Officer Pinkert presented Pay Ordinance #2084 totaling $34,681.80 for payroll and $20,738.43

 for current and upcoming expenses.

Motion by Mr. Loparo, seconded by Mr. Burgard, to approve Pay Ordinance #2084.  Roll call on the motion, 6 yeas.  Motion passed.

 

 

VISITORS

 

Jeff McQuinley, 187 Hyder Drive, presented a petition to re-instate Ed Matty as chief of police for Council to consider in the selection process.

 

Dale Struhar, 4667 S. Dayton Extension, read a prepared statement regarding the selection of a chief of police saying, while he was the police chief of Sagamore Hills, he lived in Madison Village.  He ended his statement with the following comments:

  1. Council has a responsibility to select the best possible candidate
  2. The selection for the chief belongs to the officials
  3. There shouldn’t be a residency requirement

 

Don Heywood, 36 Saxton St., Said that Saxton Street is deteriorating due to incorrect maintenance and requested repairs be made with concrete using the correct method for a concrete road. 

 

Kim Mock, 420 River St., thanked Council for fixing the sound system.  She also compared the amount of police officers employed and on duty in the Village to Madison Township and said the according to the FBI recommendations, the Village has too many officers per household and that they are too visible and aggressive.  Kim Mock also said that some of the officers are driving too fast around busses when the kids are loading and unloading.  Administrator Sample asked if the unit she witnessed was a Village cruiser because Madison Township officers also travel north and south within the Village.  She answered she wasn’t sure because it was going to fast. 

 

Jack Lading, 603 W. Main St., asked if the Village has a residency requirement for the chief of police.  The answer was yes.  He also asked Acting Chief Forsythe if it is true that he doesn’t want to live in the Village.  Acting Chief Forsythe said that although he has considered moving to the Village, it wouldn’t be appropriate to answer now and that it would be an issue at an interview for the position. 

 

 

Mayor Evangelista gave an update on the selection process for a police chief and informed everyone one that the Village has two police cars per shift on the road. 

 

Jeff Savage, 591 W. Main St., said that he heard the spring garbage pick-up has been cancelled and urged Council to reconsider.  Mayor Evangelista explained that the pick-up was cancelled due to budget cuts for 2005.

 

Maureen Smith, 379 Kim Drive, said that if there is residency requirement for the police chief it should be abided by, if someone really wants the position, they should be willing to move to the village.  She added that the decision for chief of police should be based on qualifications. 

 

Larry Larson, 239 W. Main St., expressed concerns about John Sample’s job description asking if he runs the police department, is the press secretary or should comment on Village issues not under his authority.    Mr. Loparo said that John Sample runs the Village.  The Mayor said the police department isn’t under his supervision.  Administrator Sample said that the media asked him for an opinion and he gave it.  Mr. Loparo said that although Administrator Sample isn’t perfect and he does make mistakes, he is still the best person to run the Village. 

 

John Hamercheck, Parkway, read a prepared statement requesting the selection of the police chief be the best for the Village and the residents and included the following points:

  1. The state legislature has a bill under consideration that will abolish residency requirements.  That issue is not the one to decide the position.
  2. Petitions submitted have to be done so with due process and all signatures should be verified as Village residents.
  3. The Village currently has fewer officers than when Ed Matty retired.
  4. Ask yourself is the Village better off than it was 6 months ago?  

John Hamercheck also asked for an update on the JEDD.  Mayor Evangelista explained that the Village is still in negotiations for a 50/50 split and trying to create a committee.

 

Mr. Britton made a comment about the residency requirement saying most entities are using the 20-30 minute rule.

 

Joy Rose, 229 E. Main St., said the police chief should be chosen based on qualifications.

 

Administrator Sample read a memo informing everyone that Tim & Joan Timperio have been paying Madison Village income tax for 10 years that wasn’t owed because they live in the township.  He said that although the Village is only liable for three years back, the entire overpayment should be returned.

Mayor Evangelista presented Tim & Joan Timperio with a check for $3,053.24.  Mr. and Mrs. Timperio thanked everyone and said that Administrator Sample was a big help in solving their problem.  

 

 

OLD BUSINESS

 

ORDINANCE NO. 9-2005 was read by Administrator Sample, third reading. AN ORDINANCE AMENDING ORDINANCE NO. 33-1 996, AS AMENDED, THE ZONING CODE OF THE VILLAGE OF MADISON, BY MODIFYING SECTION 5.2 THEREOF RELATING TO MINIMUM RESIDENTIAL FLOOR AREA PER DWELLING IN “R-1”, “R-2” AND “R-3” (SINGLE FAMILY) ZONING DISTRICTS. 

 

Mayor Evangelista opened the issue to discussion.

 

 

Jim Garrett from Lake Communities Development Corporation thanked the Mayor & Council for open discussion about Ordinance No. 9-2005.  He gave information about his organization saying they help people buy new homes and with affordable financing.  Increasing the minimum square footage requirements will increase the costs of the home making affordable financing impossible. 

There was discussion about the ordinance including when the ordinance would go into effect, possible variances, and amendments to the ordinance to eliminate R-3 and what will be affected. 

 

Ken Tackas, 164 Huntington Woods, said that zoning regulations should allow for similar homes and square footage minimums should be in character with the neighborhood.  He added that everyone can utilize the variance process and urged approval of ordinance No. 9-2005.

 

Motion by Mr. Britton, Seconded by Mr. Loparo, to amend Ordinance No. 9-2005 to an effective date of September 1st, 2005, and that plats that are already approved in R-3 districts be exempt from the changes.  Roll call on the motion 6 yeas.  Motion passed.  Motion by Mr. Loparo, seconded By Mr. Vest, to suspend the three reading rule for Ordinance No. 9-2005 as amended.  Roll call, 6 yeas.  Motion passed.  Motion by Mr. Britton, seconded by Mr. Loparo, to approve Ordinance No. 9-2005 as amended.  Roll call, 5 yeas and 1 nay (Loparo).  Ordinance No. 9-2005 duly passed.

 

ORDINANCE NO. 14-2005 was read by Administrator Sample, second reading.  AN ORDINANCE ESTABLISHING A WATER TOWER FUND.

 

Rian Homes Sewer & Water Request

Administrator Sample gave an update on the request for water & sewer from Rian Homes.  He said that the problem issue is sewer and said that they can have septic on the property but that it would mean they would have to have larger lots for building.  Engineer Foley explained that according to the established 208 plan for the Village, that property was never considered for sewer and that without further expansion, the Village doesn’t have the capability to serve land outside the corporate boundaries.  Mr. Vest asked if the Village can be forced to provide service.  Solicitor Murray said yes, with a court order.  Administrator Sample said that if the property was annexed, the Village would designate the zoning district and the abutting land is freeway.  Mayor Evangelista stated that the Village position hasn’t changed regarding the issue. 

 

 

NEW BUSINESS

 

ORDINANCE NO. 15 – 2005 was read by Administrator Sample, first reading.  AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR AND CLERK-TREASURER TO ENTER INTO A CONTRACT WITH GEHRING’S AGENCY, INC., ON BEHALF OF WESTFIELD COMPANIES, FOR MOTOR VEHICLE INSURANCE FOR MADISON VILLAGE, AND DECLARING AN EMERGENCY.

Motion by Mr. Loparo, seconded By Mr. Burgard, to suspend the three reading rule for Ordinance No. 15-2005.  Roll call, 6 yeas.  Motion passed.  Motion by Mr. Loparo, seconded by Mr. Vest, to approve Ordinance No. 15-2005.  Roll call, 6 yeas.  Ordinance No. 15-2005 duly passed.

 

RESOLUTION NO. 2 – 2005 was read by Administrator Sample, first reading.  A RESOLUTION IN HONOR AND RECOGNITION OF THE SUNLEAF NURSERY, INC. AND ITS OWNERS ROBERT S. AND CAROL R. LYONS FOR  BEING NAMED THE RECIPIENT OF THE 2005 BUSINESS OF THE YEAR AWARD BY THE MADISON-PERRY AREA CHAMBER OF COMMERCE.

 

 

 

Motion by Mr. Buck, seconded by Mr. Britton, to approve Resolution No. 2-2005.  Roll call, 6 yeas.  Resolution No. 2-2005 duly adopted. 

 

RESOLUTION NO.  2 – 2005 was read by Administrator Sample, first reading.  A RESOLUTION IN HONOR AND RECOGNITION OF THE SUNLEAF NURSERY, INC. AND ITS OWNERS ROBERT S. AND CAROL R. LYONS FOR  BEING NAMED THE RECIPIENT OF THE 2005 BUSINESS OF THE YEAR AWARD BY THE MADISON-PERRY AREA CHAMBER OF COMMERCE.

Motion by Mr. Burgard, seconded by Mr. Buck, to approve Resolution No. 3-2005.  Roll call, 6 yeas.  Resolution No. 3-2005 duly adopted. 

 

 

COUNCIL REPORTS

 

Mr. Britton reported that there is Rec Board meeting on March 24, 2005, at 8:00pm at Stanton Park.  The bids for mowing are going out.  He also said his has been riding along with the police, the experience was amazing and the new equipment was impressive. 

 

Mr. Toward, no report.

 

Mr. Vest, encouraged residents to contact him with their view regarding the selection of police chief.

 

Mr. Loparo, clarified his “no” vote for Ordinance No. 9-2005 saying that he is the only senior citizen on Council and is concerned about affordable housing for senior citizens.  He also said the police chief should be the best qualified and that there is house bill for consideration abolishing residency requirements.

 

Mr. Buck inquired when was the last time the village painted the water tower and if there are funds available for basic painting of the water tower.  Administrator Sample said it was about 13 years ago when the carousel was painted on the tower.  He also said the Village is responsible for basic maintenance of the tower and that the amount for normal painting would be contributed by the Village.  Mr. Toward said that there is preliminary plan is place to possibly fund the water tower project and that he will know more at the next meeting. 

 

Mr. Burgard asked about parking in front of the laundry mat and what are the state regulations for parking.  He also asked about handicapped parking and the timing of the cross-walks.  Administrator Sample said that there is a designated drop-off zone in front of the laundry mat and that it is within Councils power to designate more handicapped parking.  He added that there have been several discussions about the crosswalks and the light is not going to stay lit for the amount of time it takes to cross, it is a guide to use to know when to start crossing.

Don Heywood, sexton St, suggested installing an automatic signal with a walk sequence instead of pushing a walk button.  Administrator Sample said that the signal is standard to what other communities

are using.

Mr. Toward said that unfortunately a lot of merchants park in front of their businesses that they should save for their customers.

 

Mr. Burgard reported that there is a Fire Board meeting on March 16, 2005, at the Township Hall. 

 

 

 

 

ENGINEER’S REPORT

 

Engineer Foley reported the following:

1.      The Senior Expansion continues and is on schedule.

2.      The plans for the next phase of Village Glenn, Sweet Brier & Phase II of Huntington Woods have been received and are being reviewed.

3.      A letter was sent to Dollar General and there hasn’t been a response.

Mr. Britton requested Engineer Foley pass that information on to the adjacent property owner to Dollar General, Mr. Ludd.

 

 

SAFETY DEPARTMENT REPORT

 

Acting Chief Forsythe reported the following:

  1. The department currently has fewer officers than 5 years ago.
  2. In response to concerns about officer being too aggressive, their job is to find violators and they are doing that.
  3. He attended an Amber Alert Drill and there will be an in-service training for the department.
  4. There was a funeral today for Andrew Nowacky, a Rocky River Officer that was serving in the US Marines and offered condolences to his family on behalf of Madison Village.

 

 

ADMINISTRATOR’S REPORT

 

 

Administrator Sample reported the following:

  1. He received a notice from ODNR about a gas well on Middle Ridge.  When he notified the owner that the Village only permits gas wells in certain areas, he was informed about a house bill being considered that would take away the Village’s right to regulate gas well.
  2. The Auditors are gone; the field work is complete for the 2002 -2003 audit.
  3. The M & R Department is busy painting and making repairs in Village facilities.
  4. The costs for salt this season are $2,000 higher then last season.
  5. There was about $15,000 collected from the recent court session for delinquent income tax.  There is about 150-160 more letters to send.
  6. Saxton Street is concrete and right now cold patch is being applied to reduce pot holes.  The correct repairs will have to be made by cutting out large sections and repairing with concrete.

 

 

MAYOR’S REPORT

 

Mayor Evangelista reported the following

 

  1. The recent transportation bill did include $300,000 for the Village to use to meet the requirements for a “quiet zone” designation.


 

 

 

Mayor Evangelista Reported the following dates:

            March 10th                   Mayor’s Court

March 10th                   Madison Perry Area Chamber of Commerce awards banquet

            March 14th                   Planning Commission

            March 16th                   Fire Board

            March 24th                   Regular Council Meeting

 

 

Mayor Evangelista requested a ten minute recess followed by executive session in order to discuss legal, contractual and personnel issues.  Motion at 9:30 pm by Mr. Britton, seconded by Mr. Buck, to adjourn for a ten minute recess followed by executive session to discuss legal contractual and personnel issues. Roll call on the motion, 6 yeas.  Motion passed.  Mayor Evangelista informed everyone that there would be no business after executive session.

 

Mayor Evangelista called the meeting to order at 10:58 p.m.

Council Members Mr. Britton, Mr. Buck, Mr. Burgard, Mr. Loparo, Mr. Toward and Mr. Vest were present. Also in attendance; Mayor Evangelista, Administrator Sample, Solicitor Murray and Fiscal Officer Pinkert.

 

Motion by Mr. Vest, seconded by Mr. Toward, to adjourn.  Roll call, 6 yeas. Meeting adjourned at11:00 pm. 

 

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