COUNCIL MINUTES
VILLAGE OF MADISON
Regular Meeting
May 15, 2006
Mayor Evangelista called the meeting to order at 7:50 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. Hamercheck, Mr. Lee, and Mr. Vest were present. Also in attendance, Mayor Evangelista, Administrator Zapp, Solicitor Murray, Engineer Foley and Fiscal Officer Pinkert. Mr. Britton informed everyone that Mr. Loparo isn’t in attendance because he is still in the hospital recovering from a fall.
Motion by Mr. Britton, seconded by Mr. Vest, to approve the minutes of the regular meeting of May 1, 2006, with a correction of a typographical error on page 6, paragraph 4 the word “clan” should be plan”. Roll call on the motion, 4 yeas and 1 abstain (Buck). Motion carried.
Fiscal Officer Pinkert presented Pay Ordinance No. 2112 totaling $31,365.67 for payroll and $1,517,607.07 for current and upcoming expenses. Fiscal Officer Pinkert added that the large amount is mainly due to the note payment designated from the Water Capital, Sewer and Sewer Capital Funds. Mr. Vest inquired about the payment for police car repairs. Fiscal Officer Pinkert said that the amount of $612.72 was for 5 or 6 different invoices and various repairs. She added that Chief Forsythe would have the details. Motion by Mr. Lee, seconded by Mr. Britton, to approve Pay Ordinance No. 2112. Roll call on the motion, 5 yeas. Motion carried.
VISITORS
Larry Larson, 239 W. Main Street, said that he recently attended a Budget Committee meeting and said that in his opinion, all departments are making cuts except the Police Department. He added that it is time for the Mayor and Chief Forsythe to make the necessary cuts before the taxpayers are asked for more money.
Cathy Lynn, 209 W. Main Street, said that she attended the Budget Committee meeting and was shocked at the financial status of the Village. She asked the following questions:
Mayor Evangelista said that the Budget Committee is researching that and other issues.
Solicitor Murray explained that John Sample has requested payment for vacation and sick time he thought he was entitled to. Mayor Evangelista added that Mr. Sample was told that he was paid up and that they haven’t heard anymore from him.
Mayor Evangelista said that it was inflation.
Mayor Evangelista said that it has been discussed.
Fiscal Officer Pinkert said that the fines for Mayor’s Court are about $100,000.00 annually and Painesville Municipal Court Distributions are between $500.00 to $1, 00.00 per month.
Cathy Lynn also expressed concerns about the appointment of Mark Forsythe as Police Chief. She said that the officers are no longer friendly and the Chief isn’t receptive to residents and that he should be at the meetings. Cathy Lynn suggested that the Mayor and President of Council take a more active role and see what is going on in the Police Department. Mr. Britton said that he thinks the department is running well. Mayor Evangelista said that he asked the Chief not to attend the meetings because they were being disrupted.
Cathy Lynn also said that Matt Zapp is doing a great job; he seems to be his own man and hopes he doesn’t change.
Ken Tackas, 164 Huntington Woods, said that he has served 25 years on the Lake County Safety Council and said that Mr. Hamercheck’s comments regarding swimming pools brought sense to the issue. He added that he thinks the proposed changes to the swimming pool regulations are a bad idea and that other entities with this type of legislation also address retention ponds and other issues.
Jack Lading, 603 W. Main Street, commended the Village Crews for their hard work. He expressed concerns about cuts being made all over the Village and services being cut. He said that it seems the wants and needs of one person are being taken over the needs of the entire Village. He also said that in his opinion, Mayor Evangelista is doing everything in his power to get Chief Forsythe anything he wants, Matt Zapp is looking out for the best interest of the Village and when residents do stand up and say what they want they are ignored. He added that his opinion of Mayor Evangelista has changed over the last two and half years.
Rich Janco, 178 E. Man Street, asked for an update on the hotel. Administrator Zapp that although they are still planning a tentative opening in February of 2007, he hasn’t seen any dirt moved or permits pulled. Rich Janco said that he also thinks Matt Zapp is doing a good job.
Larry Larson, 239 W. Main Street, said that there is someone on the madison44057 forum site with a user name of MV59, which is Curt Svagerko’s badge number. He asked if this is Curt Svagerko and if the Mayor and Council have given him approval to post on behalf of the Village. Mayor Evangelista said that the Village doesn’t support anything like that site from the private sector.
OLD BUSINESS
ORDINANCE NO 21-2006 was read by Solicitor Murray, third reading. AN ORDINANCE AMENDING SECTION 25 OF ORDINANCE NO. 10-2004 TO MODIFY THE TAP-IN FEE FOR SANITARY SEWER SERVICE FOR RESIDENTS OF THE VILLAGE OF MADISON.
Motion by Mr. Buck, seconded by Mr. Lee, to approve Ordinance No. 21-2006. Roll call, 5 yeas. Ordinance No. 21-2006 duly passed.
NEW BUSINESS
ORDINANCE NO.29-2006 was read by Solicitor Murray, first reading. AN ORDINANCE AMENDING 3-1996 OF THE MADISON VILAGE CODIFIED ZONING ORDINANCE TO INCLUDE A PROVISION FOR PAYMENT OF ENGINEERING FEES FOR COMMERCIAL AND INDUSTRIAL DEVELOPMENT, AND DECLARING AN EMERGENCY.
RESOLUTION NO. 11-2006 was read by Solicitor Murray, first reading. RESOLUTION ACCEPTING THE RECOMMENDATION OF MADISON VILLAGE MAYOR J. EVANGELISTA FOR THE VILLAGE OF MADISON TO APPLY FOR STATE ISSUE II FUNDS FOR THE COST OF RECONSTRUCTION OF THE ROADWAY AND UTILITIES FOR SAFFORD STREET. Motion by Mr. Britton, seconded By Mr. Buck, to approve Resolution No. 11-2006. Roll call, 5 yeas. Resolution No. 11-2006 duly adopted.
Mayor Evangelista recognized Madison Township Trustee Wayman in attendance.
TOPIC: SWIMMING POOL
Mr. Lee said that he was disappointed by the comments about the Village being sued during the public hearing regarding swimming pools and that the Village should be more worried about the safety of the children. He added that he will vote no if the proposed regulation changes are put on the agenda but that he would support something on the Village web site. Mr. Britton said that although he agrees with Mr. Lee, the current zoning regulations for pools should be enforced and those blue pools should be considered a regular pool. Mr. Buck said that he agrees with Mr. Lee and Mr. Tackas.
Mr. Hamercheck said that Ordinance No. 29-2006 is an issue that could have the three readings suspended and considered for approval. Administrator Zapp explained that the ordinance would allow the Village to require a deposit in advance of any engineering services performed.
Motion by Mr. Vest, seconded by Mr. Hamercheck, to suspend the three reading rule for Ordinance No. 29-2006. Roll call, 5 yeas. Motion passed. Motion by Mr. Britton, seconded by Mr. Lee, to approve Ordinance No. 29-2006. Roll call, 5 yeas. Ordinance No. 29-2006 duly passed.
TOPIC: FINANCIAL SITUATION
Fiscal Officer Pinkert explained that the income tax revenues are lower than projected and that it is time for Council to consider some reductions. She added that when she notifies the County of the reduction of estimated income, the appropriations will have to be reduced.
Mr. Lee gave an update on the Budget Committee Meeting and informed Council of the following options available for budget reductions:
Safety Department, Personal Services 14,000
Road Department Laborer 19,000
Cancel the Payment to the Bond Fund 10,000
Safety Department, Other 7,000
Release the Cemetery Crew 18,500
There was a brief discussion about the reductions. Motion by Mr. Lee, seconded by Mr. Vest, to make the following appropriation reductions:
Safety Department, Personal Services 14,000
General Fund Personal Services 19,000
General Obligation Bond Fund Other 10,000
Safety Department, Other 7,000
Solicitor Murray reminded Council of the possibility of abstentions on the roll call. Mr. Hamercheck said that he would be voting. Roll call on the motion, 4 yeas and 1 abstain (Buck). Motion carried.
Cathy Lynn asked for clarification about the possible abstentions. Solicitor Murray explained that because it involved the Police Department budget that Mr. Hamercheck and Mr. Buck could have had reason to abstain. Mr. Hamercheck said that it is a global issue and that he should vote. Mr. Britton asked if they shouldn’t vote on this, why they vote on the pay ordinances. There was a discussion about abstentions and conflict of interest. Solicitor Murray said that the safest course of action is to abstain.
TOPIC: JEDD DISCUSSION
Mayor Evangelista explained that although there have been some discussions with Madison Township about forming a JEDD there hasn’t been any agreement on the percentage split of income tax. He asked if Council wants to move forward if a 60/40 split is agreed on by the Township. Council agreed. Mr. Vest that he wants assurance that Village residents won’t be required to pay double if they work in the JEDD.
QUESTION & ANSWERS
Larry Larson, 239 W Main Street, suggested that a reduction of the Police Budget in personal services should also have resulted in a reduction in the fuel line item.
Jeff McQuinley, 187 Hyder Drive, asked about the letters that were sent out asking for donations for the police dog and suggested the donations be requested to help restore services or keep the cemetery crew for the season. Administrator Zapp said that the downtown beautification was funded by generous donations from the garden, local businesses and residents.
Rich Janco, 178 E. Main Street, asked when will there be discussion about a possible levy. Mayor Evangelista said that the Budget Committee has discussed this as an option and that it would have to be submitted at least 75 days before the election (August 24, 2006) if Council decides to move forward.
Ken Tackas, Huntington Woods Drive, thanked Mr. Lee for bringing sense to the pool issue and offered to help with putting something together for the web site.
Motion by Mr. Britton, seconded by Mr. Lee, to approve the use of the Village Park Bandstand on August 13, 2006, after 12:30 p.m. for a fundraiser for Juvenile Diabetes. Roll call on the motion 5 yeas. Motion carried
Mr. Hamercheck said that he doesn’t support Council taking a pay reduction. There was a proposed 10% reduction which would be $45.00. He added that there is a lot of effort that goes into being a member of Council. He also encouraged residents to care about what is happening in the Village.
Mr. Britton reported that he can attend the Madison Township Trustee meeting on June 13, 2006, and asked if another Council member can attend on June 27, 2006. Mr. Lee said that he would.
Motion by Mr. Lee, seconded by Mr. Buck, to enter into the Comprehensive Zoning Plan with Madison Township. Roll call on the motion, 5 yeas. Motion carried.
Mayor Evangelista explained that the Comprehensive Zoning Plan is to protect the Village and that it is a fingerprint of the future.
Mr. Vest gave a Planning Commission update (included as part of the minutes).
Motion by Mr. Vest, seconded by Mr. Britton, to hold a public hearing for a re-zoning request from John Frey (Chicken and Things) on June 19, 2006. Roll call, 5 yeas. Motion carried.
Mr. Buck, no report.
Mr. Lee expressed concerns about the Central Collection Agency (CCA) and requested that the Village contact other entities and ask about level of service of the Central Collection Agency. Fiscal Officer Pinkert said that she could do that.
ENGINEER’S REPORT
Engineer Foley said that the application for Issue II funding is due June 2, 2006, and if it is approved, there will be no cost to the Village.
FISCAL OFFICER REPORT
Fiscal officer Pinkert reported the following:
Motion by Mr. Hamercheck, seconded by Mr. Vest, to hold a public hearing on June 5, 2006, to consider the 2007 Tax Budget. Roll call, 5 yeas. Motion carried.
ADMINISTRATOR’S REPORT
Administrator Zapp reported the following:
Administrator Zapp also thanked Madison Village employee, Adam Yankie, for over three years of service to the Village and informed everyone that he has accepted a position with the Lake County Engineer’s office.
MAYOR’S REPORT
Mayor Evangelista requested a resolution opposing the Tax Expenditure Limitation (TEL) amendment. He said that although the philosophy is good, the amendment is poorly worded. Mr. Vest said that he can’t find any argument in support of the TEL. Mayor Evangelista said that there is group called citizens for tax reform and that their web-site has information.
Motion by Mr. Britton, seconded by Mr. Buck, opposing the TEL. Roll call on the motion, 5 yeas. Motion carried.
Mayor Evangelista said that there is one more step involved for the recent annexation. Solicitor Murray and Madison Township Solicitor Graham will work together to and a petition has to be submitted to the Lake County Commissioners to change the boundaries.
Mayor Evangelista announced the following dates:
Fire Board May 17, 2006
Mayor’s Court May 11, 2006
Memorial Day May 29, 2006
Council Meeting June 5, 2006
Motion by Mr. Britton seconded by Mr. Lee, to adjourn. Roll call, 5 yeas. Meeting adjourned at 10:00 p.m.