RECORD OF PROCEEDINGS

Minutes of Madison Village Meeting held March 17, 2003

 

 

REGULAR MEETING            March 17, 2003

 

Mayor Evangelista called the meeting to order and invited all in attendance to join in the Pledge of Allegiance.

 

Council Members Mr. Britton, Mr. Buck, Mr. Burgard, Mr. Loparo, and Mr. Toward were present.  Mr. Smith was absent.  Also in attendance were Administrator Sample, Clerk-Treasurer Reed, Solicitor Murray, Engineer Foley and Chief Matty.

 

Mr. Burgard motioned to approve the minutes of the February 17, 2003 meeting.  Mr. Buck seconded.  All present were in favor except Mr. Loparo who abstained.

 

Clerk-Treasurer Reed presented Pay Ordinance #2040 totaling $84,128.72.  He explained that this Pay Ordinance would have been presented at the March 3, 2003 Council meeting had it been held.  Mr. Britton motioned for approval of Pay Ordinance #2040.  Mr. Loparo seconded.  All present were in favor.  Clerk-Treasurer Reed also presented Pay Ordinance #2041 totaling $97,539.60.  Mr. Loparo motioned for approval of Pay Ordinance #2041.  Mr. Buck seconded.  All present were in favor. 

 

 

VISITORS

 

Mr. Chuck Doan of 190 Manchester Court approached Council in regards to the Ordinance change from R-2 to R-3.  He stated that no one in his sub-division received a letter asking if they were in favor of the change, he took the liberty of questioning his neighbors himself.  There are presently 24 homes in the sub-division.  One home is a model, the builders’ parents own one home, one home is rented and three homeowners were not home when Mr. Doan visited them.  He collected 17 signatures of homeowners that are not in favor of the change.  He feels that a lot of money was paid for those parcels of land and the homes and this will not complement Huntington Woods, it would be a mix of a housing and condominium developments all in one.  He feels there are drainage problems along the backyards of Manchester Court.  He brought pictures to pass around of the water problems.  Administrator Sample stated that the next road south of Manchester Court that will also run east and west would be intercepting some of the water, as the street will be lower than the properties and the water will run into the street.  He stated that although the drainage issue needs to be addressed, it is a separate issue from the zoning change.  Mr. Doan suggests that instead of having Huntington Woods be a mix of housing; let the condo’s have their own entrance. 

 

Mayor Evangelista read a letter pertaining to Mr. Doan’s concerns from C. & G. Development, the developers that are requesting the re-zoning.  They stated in the letter that their intent is to create a buffer zone area between all the differently zoned parcels with upscale detached cluster homes.  The detached cluster homes will have prices of $180,000 to $220,000 and up.  They will range in sizes between 1600 and 2200 square feet.  The topography of the area would allow the detached cluster homes to be placed in a manner more fitting to the surrounding environment.

 

Mr. Doan wants to make sure the development complements Madison Village. He hopes that Council will consider the views of the residents.

 

Mr. Paul Goda of 431 West Main Street asked for clarification of the report by Mr. Foley that the spring will be busy.  He questioned the Parkway lift station abandonment project in particular.  Administrator Sample explained that they are working with the railroad to try to gain an easement from Eagle Street on the south side of the railroad tracks and working towards Parkway, and an easement to go south from the railroad tracks to Route 84 to the lift station.  Administrator Sample expects to hear within the next 2-3 weeks from the railroad. 

 

Mr. Charlie Longar of 144 Huntington Woods and has lived there for about 6 months.  He is opposed to the changing of the zoning.  He feels there are many areas in Madison Village that are available for that type of zoning and there is no need for it in his area. 

 

Mr. Todd Osben of 189 Manchester Court is also opposed to the zoning change.  He invested in his home in Madison Village because he believes in the Village.  His largest concern is that their neighborhood is at the bottom of the I-90 ramp and someone could come into the neighborhood and take a kid and be in Pennsylvania in 20 minutes. He would like the officials to think about what they are doing before they do it.

 

Mr. Charles Dewalt of 427 Hyder Drive asked that Council think about quality not quantity when it comes to housing.  He also opposes the zoning change.  He feels that condominiums don’t have a place in their residential neighborhood.   

 

Ms. Razieh Mohseni of 198 Manchester Court along with her husband are Physicians and want to emphasize that they moved into the development knowing it would be a single family residential neighborhood.  Colleagues and neighbors of theirs feel very comfortable and love their neighborhood.  If this changes, she feels that she and her husband may need to move.  She asked that this zoning change be considered seriously. 

 

Mr. Vince Coleman of 132 Huntington Woods stated that he moved from Euclid to Madison.  If he wanted to live in a condo, he would have moved to one.  He is for progress, but thinks something else should be looked at for this area. 

 

Ms. Denise Schiemann of 206 Manchester Court has a concern of the road going all the way through to I-90.  She has heard this is a “done deal” and has a big concern for the safety of her three children, all under the age of 10. 

 

Mr. Herb Schiemann of 206 Manchester Court also has a concern of the road going all the way through.  He would like to know why a cul-de-sac could not be put at the end of the road.  Administrator Sample responded that the subdivision regulations would not permit it.  Mayor Evangelista stated that it has always been the plan to go through, even before Huntington Woods was put in. 

 

Another concern that Mr. Schiemann has is the water.  Much of his backyard is washed away.  Administrator Sample stated that he and Mr. Foley would take a look at this situation. 

 

Mr. Todd Osben spoke again.  He said when he was shopping for a place to move, the sign he saw for his development showed nice homes and nice yards, but the sign never indicated that you would live at the bottom of an on and off ramp for an interstate highway.  He feels that this is a representative form of government, not deals made in back rooms with companies.  He feels that this is a “done deal, don’t ask.”  If the topography isn’t right for homes, don’t build them.  He is an engineering manager and feels you can manipulate any engineering report to read anything you want.  He is asking that if this is going to be done, present it, let it be handled by a representative government, and don’t let it be railroaded through. 

 

Administrator Sample stated this is not ‘back room stuff’; this has been on plans that have been before Madison Village Planning Commission, Madison Village Council and before the Madison Village Engineer for over three years.  Mr. Osben then apologized for saying that it was backroom stuff.  Administrator Sample continued stating that certainly with an engineering background, he must be aware that in any development or design, there is an overall master plan that is created.  This master plan shows the roadway going all the way through.  This Council has always listened to public comment.  They do public ads, registered letters, etc.

 

Mr. Osben apologized for saying anything wrong as far as casting judgment.  The main thing he wants to ensure is that it is a big issue to a lot of people.  As long as it is dealt with fairly and all things are considered, he can live with it, but it would affect his decision to live in the community long term, and he may eventually look elsewhere.

 

Mr. Chuck Doan also spoke again claiming that this was false advertisement.  When he asked what would be behind the present homes, he was told it would be more single-family homes.  If he had been told at that time it would be condos, he may have looked elsewhere for a home.     

 

Administrator Sample stated that when someone makes an application for a zoning change, variance, or conditional use permit, the Village is required to identify on the property tax map and send a certified letter to homeowners within 200 feet of the affected property. 

 

Mr. Andy Budd of 192 Kingsbury Point stated when he built his home he knew there would be cluster homes in phase 2.  He became concerned when he started hearing condominiums were going in there.  To him, they are not the same thing.  There may be some confusion in regards to R-3 zoning because it allows condos as opposed to cluster homes.  He feels that the cluster homes will be upscale and will not affect the value of their homes.  

 

Mr. Gary Roberts of C. & G. Homes and Chris from Rustic Homes wanted to address some of the concerns tonight.  The road couldn’t be a cul-de-sac, so they had to connect it.  It originally was going to be connected right into Sidley’s commercial property.  After working with the Village, it was moved over so it could be connected to another residential area.   In regards to the cluster homes, after speaking to some of the residents, he is sure they are picturing some kind of row houses stacked on one another.  The houses that are proposed will be similar to the homes already built and some may be bigger.  There will be buffer zones surrounding the areas.  Chris stated that when they moved the road over, it increased the value of the homes back there so that the road doesn’t go directly into a commercial area.  They held a short question and answer period. 

 

Mr. Dan DeRubertis and his wife Pat came to the Council meeting tonight to make the announcement that they will be building a Micro-Tel hotel on I-90. They will begin to build in April of this year. 

 

Mr. Wayne Clough of 194 Manchester Court stated that he too is opposed to the zoning change.  If he knew these were going in, he would have looked elsewhere.

 

 

OLD BUSINESS

 

ORDINANCE #4-2003 was read by Administrator Sample for the third time.  AN ORDINANCE AMENDING ORDINANCE #48-1991 SO AS TO ADD NEW SECTION 377.01, 377.02 AND 377.03 TO THE GENERAL TRAFFIC CODE REGULATING THE REGISTRATION AND CONDUCT OF SNOW PLOW OPERATORS.  Mr. Britton motioned to table Ordinance #4-2003 until the first meeting in September.  Mr. Toward seconded.  All present were in favor. 

 

ORDINANCE #5-2003 was read by Administrator Sample for the third time.  AN ORDINANCE REPLACING SECTION 12 (d)(1)(2) OF ORDINANCE # 22-1985 OF THE VILLAGE EMPLOYEE HANDBOOK AND DECLARING AN EMERGENCY.  Mr. Britton motioned for approval of Ordinance #5-2003.  Mr. Loparo seconded.  All present voted no.  The Ordinance is defeated. 

 

ORDINANCE #6-2003 was read by Administrator Sample for the third time.  AN ORDINANCE REPLACING SECTION 7(d)(1)(2) OF ORDINANCE # 37-1985 OF THE POLICE PERSONNEL HANDBOOK AND DECLARING AN EMERGENCY.  Mr. Britton motioned for approval of Ordinance #6-2003.  Mr. Loparo seconded.  All present voted no.  The Ordinance is defeated. 

 

ORDINANCE #7-2003 was read by Administrator Sample for the third time.  AN ORDINANCE AMENDING ORDINANCE #37-1985 AND SECTION 7(c) OF THE POLICE PERSONNEL HANDBOOK SO AS TO MODIFY THE FULL TIME OFFICERS, PATROLMEN AND EMPLOYEES’ ABILITY TO TAKE HOLIDAYS OFF IN ADVANCE, AND DECLARING AN EMERGENCY.  Mr. Toward motioned to approve Ordinance #7-2003.  Mr. Burgard seconded.  All present were in favor. 

 

ORDINANCE #9-2003 was read by Administrator Sample for the third time.  AN ORDINANCE AMENDING ORDINANCE #33-1996, AS AMENDED THE ZONING CODE OF THE VILLAGE OF MADISON AND THE ZONING DISTRICT MAP INCORPORATED THEREIN, SO AS TO CHANGE THE ZONING CLASSIFICATION OF PHASE III OF THE HUNTINGTON WOODS SUBDIVISION FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO R-3 MULTI-FAMILY RESIDENCE DISTRICT.  Mr. Burgard motioned for approval of Ordinance #9-2003.  Mr. Britton seconded.  Discussion followed.  Mr. Britton stated that he would like to keep this as a single-family district.  Mr. Burgard agreed with Mr. Britton to keep it single-family.  Mr. Toward also agreed.  All present voted no.  Ordinance #9-2003 is defeated. 

 

 

NEW BUSINESS

 

ORDINANCE #10-2003 was read by Administrator Sample for the first time.  AN ORDINANCE ADOPTING A STORM WATER MANAGEMENT PROGRAM FOR MADISON VILLAGE, OHIO AND DECLARING AN EMERGENCY.  Mr. Loparo motioned for suspension of the three reading rule.  Mr. Buck seconded.  All present were in favor.  Mr. Loparo motioned for passage of Ordinance #10-2003.  Mr. Buck seconded.  All present were in favor.   

 

ORDINANCE #11-2003 was read by Administrator Sample for the first time.  AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR AND CLERK-TREASURER TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COMMISSIONERS OF LAKE COUNTY, OHIO FOR THE PURCHASE OF WATER, AND DECLARING AN EMERGENCY.  Administrator Sample explained that the new rates went into effect on February 1, 2003.  Mr. Britton motioned for suspension of the three reading rule.  Mr. Buck seconded.  All present were in favor.  Mr. Buck motioned for passage of Ordinance #11-2003.  Mr. Britton seconded.  All present were in favor. 

 

ORDINANCE #12-2003 was read by Administrator Sample for the fist time.  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.  Administrator Sample explained that the rates went up from $11,297 to $12,191.  Mr. Buck motioned for suspension of the three reading rule.  Mr. Burgard seconded.  All present were in favor.  Mr. Burgard motioned for passage of Ordinance #12-2003.  Mr. Buck seconded.  All present were in favor. 

 

ORDINANCE #13-2003 was read by Administrator Sample for the first time.  AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR AND CLERK-TREASURER TO ENTER INTO A CONTRACT WITH GEHRING’S AGENCY, INC., ON BEHALF OF GENERAL STAR NATIONAL INDEMNITY COMPANY, FOR LAW ENFORCEMENT LIABILITY INSURANCE FOR MADISON VILLAGE, AND DECLARING AN EMERGENCY.  Administrator Sample explained that the premiums for this have increased significantly.  Last year the premium was $7,758.  This year’s premium will increase to $11,954.  The deductible will be raised from $5,000 to $10,000 and the Village will not obtain the terrorist insurance at this time.  Mr. Britton motioned for suspension of the three reading rule.  Mr. Toward seconded.  All present were in favor.  Mr. Toward motioned for passage of Ordinance #13-2003.  Mr. Buck seconded.  All present were in favor.

 

RESOLUTION #2-2003 was read by Administrator Sample.  A RESOLUTION HONORING GREGORY E. KANDA OF BOY SCOUT TROOP 157 UPON EARNING AND RECEIVING THE DISTINGUISHED EAGLE SCOUT AWARD.  Mr. Toward motioned for passage of Resolution #2-2003.  Mr. Toward seconded.  All present were in favor. 

 

RESOLUTION #3-2003 was read by Administrator Sample.  A RESOLUTION IN HONOR AND RECOGNITION OF THE BROTZMAN’S NURSERY, INC. UPON THE OCCASION OF THEIR BUSINESS BEING NAMED THE RECIPIENT OF THE 2003 BUSINESS OF THE YEAR AWARD BY THE MADISON-PERRY AREA CHAMBER OF COMMERCE.  Mr. Britton motioned for passage of Resolution #3-2003.  Mr. Loparo seconded.  All present were in favor.

 

RESOLUTION #4-2003 was read by Administrator Sample.  A RESOLUTION HONORING RICK AMOS FOR BEING CHOSEN BY THE MADISON-PERRY AREA CHAMBER OF COMMERCE TO RECEIVE ITS 2003 COMMUNITY SERVICE AWARD.  Mr. Burgard motioned for passage of Resolution #4-2003.  Mr. Buck seconded.  All present were in favor. 

 

 

COUNCIL REPORTS

 

Mr. Britton thanked the public for attending tonight’s meeting.  There will be a Fireboard meeting Wednesday March 19, 2003 at 7:00 pm. 

 

Mr. Toward reported that Chuck Walters and Larry Buck have bought a resteraunt on Main Street.  They have plans to restore the front of it and rent it out. 

 

Mr. Loparo reported that it is good to be back.  He had total hip replacement surgery two weeks ago and he is miraculously up and walking around.  He wanted to let the public know that this Council doesn’t take lightly its zoning.  One of the reasons he likes serving on Council is that this Council is very careful in its’ planning.  He stated that they don’t ignore what the people say and they really do care about you.

 

Mr. Buck would like to thank all the residents of Huntington Woods for coming tonight along with all Madison Village residents.  On March 10, 2003, Mr. Buck attended the Madison Village Planning Commission Meeting.  Three public hearings were held before the meeting.  Shelly Logan applied for a conditional use permit to operate a woman’s fitness center at 3106 Hubbard Road.  Mike Woitella of 6642 Middle Ridge Rd. applied for a conditional use permit to operate a computer repair business.  Gerald Sanders applied for a conditional use permit to operate a sound studio at 45 Edwards Street.  The regular Planning Commission began at about 7:40 pm.  Those same three requests came before the Planning Commission and they approved the fitness center and computer repair business, but tabled the sound studio. 

 

On Thursday March 13, 2003, Mr. Buck attended the Community Service Awards dinner held at Madison Country Club by the Madison-Perry Area Chamber of Commerce.  It was a very nice event and he encourages more people to attend next year. 

 

Mr. Burgard wanted to reiterate what the rest of Council had.

 

 

ENGINEER’S REPORT

 

Engineer Foley asked Clerk-Treasurer Reed for a certified copy of Ordinance #10-2003 of the storm water management plan to forward to EPA. 

 

The plans for Huntington Woods Phase II have been reviewed with some minor changes and will be brought before the Planning Commission soon.

 

He is reviewing and resolving drainage issues to the development adjacent to the YMCA.

 

The design of the Parkway Pump Station abandonment project continues.

 

The final plat approval for the Sidley commercial roadway is complete. 

 

 

SAFETY DEPARTMENT REPORT

 

Chief Matty reported that because of the cancellation of the last Council Meeting, some training issues have come up.  Officer Mussell attended a DUI, DUS, AND FRA laws and arrest class.  Chief Matty would like permission to send Officers Middleton and Svagerko to an Advanced Emergency Response Program since they were recently hired.  Mr. Britton motioned to approve sending Officers Middleton and Svagerko to the program.  Mr. Toward seconded.  All present were in favor. 

 

Chief Matty has a request and recommendation to consider appointing former Officer Jason Clark as a part-time officer.  He is presently a full time officer with Madison Township and has straight days off.  He would be able to fill Thursday and Friday shifts.  There would be no need to train him, since nothing has changed since he left the Village.  Mr. Toward motioned to appoint Jason Clark as a part time officer.  Mr. Buck seconded.  All present were in favor.   

 

Chief Matty also reported that part-time officer Max Anderson has requested to step down to Auxiliary Class A.

 

On February 28, 2003 the safe driver award was awarded to Jeremy Loomis of Madison.  He was observed driving under the speed limit and he and all passengers were wearing seat belts and he was driving in a safe manner. 

 

 

ADMINISTRATOR’S REPORT

 

Administrator Sample asked for approval to cut a check to Medical Mutual for $5,600 to convert employees’ hospitalization from Blue Cross/Blue Shield/Anthem to Medical Mutual.  This would be the first month’s payment in advance.  This may bring a cost savings of approximately $18,000 per year with primarily the same coverage.  Mr. Britton motioned to approve the check for the change of hospitalization.  Mr. Toward seconded.  All present were in favor. 

 

Administrator Sample reported that due to the winter we had, the budget for road salt is used up. 

 

Garbage bids for the new three year contract has been advertised.  The bids will be open on March 28, 2003 at noon. 

 

Fliers for the brush, leaf, and junk pick up will be sent out.  Brush pick up will be April 7, 2003, leaf pick up will be April 14, 2003 and junk pick up will be May 17, 2003.

 

Administrator Sample asked Council to keep their eyes open for any junk cars in the area and properties that are not being maintained.  Letters will be sent in regards to cleaning those up. 

 

 

MAYOR’S REPORT

 

Mayor Evangelista announced that the Village has a web site that is updated every few weeks. 

 

Mayor Evangelista has a group of people interested in forming the Design Review Board.  He will have an informal meeting in the near future. 

 

At the reorganization of the Community Improvement Corporation Meeting, Dave Gilmer was again elected President. 

 

The Police Handbook Committee positions have been filled.  The committee will consist of Chief Matty, Solicitor Murray, Mr. Britton, Officer Forsight, and Mayor Evangelista. 

 

Some anniversaries that will be celebrated in March consist of the following:  Officer Hathaway will celebrate 6 years, Officer Middleton will celebrate 2 years and Officer Svagerko will celebrate 4 years. 

 

Mayor Evangelista sent a letter to Superintendent Hefner concerning the elimination of the School Resource Officer.  Mayor Evangelista stated that he would like to see what the Village could do to help get a SRO reinstated at the schools. 

 

Meals on Wheels are in need of 5 volunteer drivers to get meals to area senior citizens.

 

The new recycling bins will be yellow in color.

 

Some upcoming dates include: March 19, 2003, Mayor Evangelista will meet with the Police Department and the Chief, March 20,2003 is Mayor’s Court, April 7, 2003 is the start of daylight savings time and the next Council meeting with a Public Hearing at 6:45 pm. 

 

With no further business to be conducted, Council adjourned to Executive Session for the purpose of legal and personnel.  Mr. Britton motioned to adjourn to Executive Session.  Mr. Toward seconded.  All present were in favor. 

 

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