|
COUNCIL MINUTES VILLAGE OF MADISON Regular Meeting May 21, 2007
Record of Proceedings
Mayor Evangelista called the meeting to order at 7:10 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 (entered meeting at 7:15 PM), Mr. Bartlett, Mr. Hamercheck, Mr. Lee, Mr. Loparo and Mr. Vest were present. Also in attendance, Mayor Mike Evangelista, Solicitor Mike Murray, Administrator Matt Zapp, Fiscal Officer Brenda Brcak, Police Chief Mark Forsythe and Engineer Ned Foley.
Motion by Mr. Vest, seconded by Mr. Loparo that the Minutes from the Regular Meeting of Council, dated May 7, 2007 be approved. Administrator Zapp reviewed the language under the Safford Street Parking Resolution. Council was in agreement on language as stated. Roll call on the motion, 6 yeas. Motion carried.
Pay Ordinance No. 2136 totaling $27,188.32 for payroll and $96,361.14 for current and upcoming expenses was presented. Motion by Mr. Lee, seconded by Mr. Vest, to approve Pay Ordinance No. 2136. Roll call on the motion, 6 yeas. Motion carried.
Questions and Answers on Pending Legislation
Larry Larson, 239 West Main Street: Regarding Ordinance 21-2007 - Sale of Notes. It was asked of Council, if there were any plans for the property purchased in this Ordinance. Mayor Evangelista stated that there are no plans at this time.
In another question, Ordinance 24-2007 – Chief of Police Job Description. Will this Ordinance be approved tonight or allowed to run the three readings? Additionally, would the responsibilities outlined in Ordinance 37-1985 be forgiven of past practices when passed? Mayor Evangelista stated that would up to the wishes of Council at that portion of the agenda.
Gordon Musclow, 178 Willowbend: Regarding Ordinance 25-2007 - Hotel Tax. Is 3% customary for this tax assessment. Mayor Evangelista stated yes, that is the maximum permitted by law, and is what is being collected by other municipalities, including Lake County.
In another question, Ordinance 26-2007 – Final Plat and Final Subdivisions for Sidley Drive. Will we get final plans on the property before it is final? Mark Vest (Planning Commission) stated that the owners have already supplied that information to the Zoning Commission and this is the Commission’s recommendation to Council for approval. The property is B-4 zoned Highway Business.
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. Motion by
Mr. Bartlett, seconded by Mr. Vest that Ordinance 75-2006 be un-tabled. Roll call on the motion, 6 yeas. Motion carried.
Mr. Hamercheck questioned if all Council Members were working off of the same version, and what the status was of the Employee Handbook and Safety Handbook being harmonized. Mr. Lee stated that the Safety Committee is addressing this project and could report back to Council at our next meeting as to a proposed schedule. Mr. Hamercheck also requested that a finalized copy be distributed to Council, so that they all have the same version. The copies should be date stamped with final distribution. Mayor Evangelista agreed to the dated distribution.
Motion by Mr. Bartlett, seconded by Mr. Lee to approve Ordinance 75-2006. Roll call on the motion, 6 yeas. Motion carried.
ORDINANCE NO. 18-2007 was read by Solicitor Murray, third reading. AN ORDINANCE AMENDING ORDINANCE 33-1996, AS AMENDED, OF THE VILLAGE OF MADISON AND THE DISTRICT MAP AND DISTRICT MAP DESIGNATIONS WHICH FORM A PART OF THE ZONING OF THE VILLAGE OF MADISON BY CHANGING THE LAND USE AND REZONING A CERTAIN 14.369 ACRE PARCEL OF REAL PROPERTY OWNED BY ERIE HOMES, LLC IN MADISON VILLAGE FROM AN R-2 RESIDENTIAL DISTRICT TO A R-1 RESIDENTIAL SUBDIVISION DISTRICT. Mr. Bartlett questioned if the passage of this Ordinance is to be from R2 to R1 zoned. It was confirmed that this would be an R-1 zoning, and be a more restrictive zoning designation. This is required by code since it is tied into a subdivision. Mr. Bartlett also confirmed that no BZA variances would be required. It was confirmed by CT Consultants that connecting to Kim Drive via Hyder Drive would be safest option for ingress and egress, verses connecting to Route 84. The Planning Commission has unanimously approved this amendment. Motion by Mr. Vest, seconded by Mr. Britton that Ordinance 18-2007 be approved. Roll call on the motion, 6 yeas. Motion Carried.
ORDINANCE 20-2007 was read by Solicitor Murray, second reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WITH LAKE HOSPITAL SYSTEM FOR PAYMENT OF FEES FOR CUSTODY/ARREST CASES AND DELCARING AN EMERGENCY.
ORDINANCE 21-2007 was read by Solicitor Murray, second reading. AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $60,000 NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, for the purpose of paying a portion of the cost of acquiring certain real estate AS THE SITE OF, constructing, furnishing, equipping, improving the site of, and otherwise improving, a municipal complex to house municipal offices and functions, AND DECLARING AN EMERGENCY.
Mr. Loparo updated that the Fire District is looking at building a new Fire Station and this property could be used at some future point. Fiscal Officer Brcak also updated that Council could consider converting this short term note over to a loan in 2008, with a five year payment program. This would eliminate the need for legal counsel and defer costs. Chase Bank has quoted a renewal rate of 4.50% for this note renewal.
New Business
ORDINANCE 23-2007 was read my 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. Motion by Mr. Britton, seconded by Mr. Hamercheck to suspend the three reading rule. Roll call on the motion, 6 yeas. Motion carried.
Motion by Mr. Britton, seconded by Mr. Hamercheck that Ordinance 23-2007 be approved. Roll call on motion, 6 yeas. Motion carried.
ORDINANCE 24-2007 was read by Solicitor Murray, first reading. AN ORDINANCE ESTABLISHING THE JOB DESCIRPTION, JOB DUTIES FOR MADISON VILLAGE POLICE CHIEF AND DECLARING AN EMERGENCY.
Councilman Loparo requested amending Classification to read “Full-time, salaried position, administrative, classified, exempt”. He explained that by leaving the 40-hour language in the job classification, we could open the Village up to legal actions in the future for overtime and violations with the Fair Labor Standard Act. He stated that by making the change, we would be consistent with other Chiefs of Police in our area.
Solicitor Murray advised that an amendment can be made to the Job Description, but warned, to avoid any future problems, it has to be clear that this is an exempt position and there is no over time.
Councilman Loparo pointed out that in accordance with ORC, the position is required to attend all meetings of the legislative body, and perform all hours required to perform job responsibilities. This is also outlined on page three of the job description. Agreed. Councilman Lee stated that he could make the changes and have updated copies to Council tomorrow.
Councilman Loparo also noted a spelling error on page 5; “petrol” should read “patrol”.
Following discussions, Councilman Loparo requested that Mayor Evangelista do a straw poll of Council, for the suspension of the three reading rule, and action to approve the Ordinance tonight, or take the Ordinance out for additional readings.
Councilman Britton asked Chief Forsythe if he had read through the document and was he in agreement with the proposed Job Description for the Chief position. Chief Forsythe confirmed he had and was fine with the job description.
The Mayor conducted a poll of Council Members present.
Councilman Hamercheck expressed concern that other items in the five-page job description may be changed or waived. Mayor Evangelista assured Councilman Hamercheck that any changes made to the Job Description would only be made if approved by Council.
Councilman Lee was in favor of proceeding with the vote tonight, and Council addressing amendments or adjustments over time. He further stated that the proposed Job Description needs to be considered a job description for the Chief of Police for the Village of Madison, not a job description for Mark Forsythe or any individual. This document is a guideline. The Safety council can address changes or modifications for individuals over time.
Councilman Lee asked Councilman Hamercheck if he had a problem with the document as a whole. Councilman Hamercheck stated that he was in agreement of the document as a whole in its present state, as the job description for Chief of Police for the Village of Madison. Councilman Hamercheck questioned if passing the Ordinance tonight, would jeopardize the position of the Chief Forsythe in the areas of non-compliance. Specific citations were made to areas of qualifications (pages3 & 4).
Councilman Loparo asked Solicitor Murray if passage would grandfather Chief Forsythe. Solicitor Murray confirmed that requirements would be waived for Chief Forsythe, because he was hired prior to the passage of this job description. Any future hirings for the Chief position would be at the discretion of Council.
Discussions continued on grandfathering, waiving, and job responsibilities.
Councilman Britton questioned if we need to specifically state exemption for Chief Forsythe in the actual Ordinance before Council?
Councilman Vest expressed concern on clarity on what is being voted on, as a number of changes and questions have been discussed.
Motion by Mr. Lee, that Ordinance 24-2007 be amended as follows:
· Page 1 – Classification: “Full-time, classified, exempt, administrative, salaried position. · Page 5 – petrol changed to “patrol”.
Amendment seconded by Mr. Britton.
Discussions continued among council on qualification requirements and the language in that section. Discussions on “equivalent desired but not necessarily required” and “preferred qualifications” were held.
Mr. Hamercheck stated that he would prefer having an outsider look to the language with changes, prior to Council’s approval.
Mr. Lee reviewed the difference in preferred qualification verses desired qualifications, stating that they are basic words and symantecs can be adjusted later.
Motion by Mr. Lee, to amend the proposed amendments to Ordinance 24-2007 as follows:
· Page 1 – Classification: “Full –time, classified, exempt, salaried, administrative position. · Page 3 – Qualifications: “minimum qualifications or equivalent experience”. · Page 5 – petrol changed to “patrol”.
Solicitor Murray expressed concern on the proposed “equivalent experience” language and Council’s intent. Is it Council’s wishes to include the “equivalent experience” language to all sections of qualifications on pages 3 and 4 or only selected sections? Discussions continued.
Amending the amendment motion died for lack of a second.
Mr. Loparo requested that the amended document, as initially amended, be referred back to the Safety Committee for additional review. If additional amendments are required, then the Safety Committee can bring an additional Ordinance to Council
Roll call on the first amendment, 5 yeas, (Britton, Bartlett, Hamercheck, Lee, and Loparo), 1 nay (Vest). Motion carried.
Motion by Mr. Britton, seconded by Mr. Hamercheck to suspend the three reading rule. Roll call on the motion, 5 yeas ( Britton, Bartlett, Vest, Loparo and Hamercheck), 1 nay (Lee). Motion carried.
Motion by Mr. Britton, seconded by Mr. Loparo, that Ordinance 24-2007 be approved as originally amended. Roll call on the motion, 6 yeas. Motion Carried. (see first amendment, Lee/Britton).
ORDINANCE 25-2007 was read by Solicitor Murray, first reading. AN ORDINANCE ENACTING A HOTEL TAX IN THE VILLAGE OF MADISON OHIO PROVIDING FOR THE RATE OF TAX, COLLECTION, ENFORCEMENT, AND PENALTIES FOR ADMINISTRATION.
ORDINANCE 26-2007 was read by Solicitor Murray, first reading. AN ORDINANCE APPROVING THE FINAL PLAT AND FINAL SUBDIVISIONS IMPROVEMENTS PLANS OF PHASE I OF THE SIDLEY DRIVE BUSINESS PARK. Engineer Foley advised that the owners expressed an emergency need for this Ordinance to be approved Council, as a sale of a lot is pending. The name of the street of the subdivision has been left up to Council. The three recommendations in order of preference are:
Northeast Drive North Grand Drive Robert William Parkway
Motion by Mr. Vest, seconded by Mr. Bartlett, that the three reading rule be suspended. Roll call on motion, 6 yeas. Motion carried.
Motion by Mr. Lee, seconded by Mr. Bartlett, that Ordinance 26-2007 be approved with the naming of the street to be done at a later date. Roll call on the motion 6 yeas. Motion carried.
RESOLUTION 12-2007 was read by Solicitor Murray. A RESOLUTION IN HONOR AND RECOGNITION OF MARY REED PEPLOWSKI CO-OWNER OF MADISON PET & GARDEN, INC., FOR BEING NAMED ONE OF THE TOP TEN BUSINESS OWNERS OF NORTHEAST OHIO FOR 2007 BY THE CLEVELAND CHAPTER OF THE NATIONAL ASSOCIATION OF WOMEN BUSINESS OWNERS. Motion by Mr. Britton, seconded by Mr. Hamercheck that Resolution 12-2007 be approved. Roll call on motion, 6 yeas Motion carried.
RESOLUTION 13-2007 was read by Solicitor Murray. A RESOLUTION IN
HONOR AND RECOGNITION OF EMILY FAITH JOHNSON FOR HER THOUGHTFULLNESS AND CARING OF OTHERS. Motion by Mr. Bartlett, seconded by Mr. Vest that Resolution 13-2007 be approved. Roll call on motion, 6 yeas Motion carried.
Motion by Mr. Loparo, seconded by Mr. Bartlett that the July 2007 meeting dates by changed as follows:
Council – July 11, 2007 Budget Committee and Planning Commission – July 18, 2007 Council – July 25, 2007
Roll call on motion, 6 yeas. Motion carried.
Councilman Loparo proposed resolution, that Items of Personnel be limited to Executive Session, in accordance to ORC. He further explained that ORC empowers the Mayor to remove, discipline or reprimand as an item of personnel in Executive Session. ORC also permits entering into executive session for matters of legal. Motion by Mr. Loparo, seconded by Mr. Britton for approval of the proposed legislation.
Discussion followed on this proposal. Mr. Loparo stated that complaints against Village Employees and Supervisors, should be made to the Mayor or Department Chairperson in a written form. The complaint would then be solely addressed in Executive Session, and a written response could be provided following discussion. Solicitor Murray was asked if this was within the guidelines established in ORC. Solicitor Murray confirmed that this was correct.
Mr. Vest expressed that we would be a violation of the resident’s Freedom of Speech, and that he was not in favor of this.
Motion by Mr. Lee, seconded by Mr. Bartlett to table the proposal to a later time. Discussion continued on tabling the motion verses voting on the motion on the floor. In accordance with Parliamentary Procedure, a tabling of an item supersedes any other motion on the floor. Roll call on Tabling the proposal to a later time, 5 yeas (Britton, Vest, Bartlett, Lee and Hamercheck), and 1 nay (Loparo). Motion for Tabling carried.
Councilman Loparo proposed resolution, that the Budget Committee of the Village of Madison be abolished. Motion by Mr. Loparo, seconded by Mr. Britton, that the proposed resolution be approved.
It was stated by Mr. Loparo, that the Budget Committee was established for the formation of the 2007 budget, as it was at a time when the Village was dealing with tight finances. The Budget Committee has since overstepped its boundary of authority, and the purpose for which it was created. Legislative duties are to remain to the legislative body, which is Council. It was felt that the Budget Committee has turned into a legislative body, and meeting minutes are taken. Most members are present at the Budget Committee
Meetings constituting a quorum of Council. Resident’s are permitted to address financial issues at the meeting.
Solicitor Murray stated that the Budget Committee’s authority is to make recommendations to Council and can not administrate the finances of the Village.
Councilman Vest stated that he does attend meetings, and the committee does not administrate or micro-manage the Village’s Finances. The Budget is still in tight constraints and it is important that a firm control be kept on the financial activities to get us through 2008.
Discussions of the activities and values of the Budget Committee continued. Councilman Hamercheck stated that Mayor Evangelista overseas all meetings. No votes are taken or resolutions.
Mr. Britton withdrew his second to the motion.
Mr. Loparo withdrew his motion, and requested an investigation of administering and legislative activities of the Budget Committee.
Motion died.
Visitor Comments
Larry Larson, 239 West Main: Asked if ORC was correct for addressing personnel issues in Executive Session. Sunshine Law was reviewed as to what constitutes violation of sunshine law.
In other areas:
a. In regards to the Job Description for the Chief of Police: The job description is too vague; sick and vacation time is not addressed. b. In regard to his requests for documents from the Chief of Police. A written response was received on May 16, 2007; however the response does not answer the requested information. Mr. Larson reviewed the items requested April 16, 2007. Mayor Evangelista requested that the missing information be requested in writing. Mr. Larson will follow up with another written request, and pointed out that Public Records Laws do not require a request to be made in a written form. c. In review of Ordinance 37-1985 – Safety Handbook, language addressing the use of a paid holiday was reviewed. A question if the Chief of Police was following this policy, and stated based on time sheets, there have been violations. Another concern addressed was “Dual Patrol” Chief Forsythe was asked to define what “dual patrol” was and how much have we paid out to part time officers who have been on “dual patrol”? Chief Forsythe reviewed “dual patrol” and yes, at times it still occurs, but more so during training. Mayor Evangelista stated that Fiscal Officer Brcak could research the amount paid. Mr. Larson requested an investigation into the assignment of “dual patrol” and cost to the Village. d. Mr. Larson requested a copy of the Chief of Police Job Description once a final copy with amendments was prepared.
Kathy Lynn, 209 West Main Street: Addressed Council and Councilman Loparo on proposed resolutions. Offense was taken to the proposals, and it appears that public comments are not welcomed. As tax paying residents, they have the right of accountability from elected officials.
Mrs. Lynn questioned if part time officers will be used to balance out Safety Department salary budgets and lessen the amount of over time to full time officers. The Safety Department did approve this at their meeting.
Larry Dowler, 161 River Street: He is back from his stay in Florida. While in Florida, he did attend Council Meetings, and they were pretty much the same as in Madison. Mr. Dowler was welcomed back.
Gordon Musclow, 178 Willowbend: He has reviewed all the water infiltration information provided to him by the Village. A report and charts had been generated to track. He stated that 2004 was the last year of any report, and 1973 was that last year of any map. He requested that the data in his reports be reviewed, and an independent consultant be hired to do a review prior to any sale or final decision on the water/sewer utility systems.
Richard Janco, 178 East Main St.: Pertaining to Mr. Loparo’s resolution to address personnel issues in a written format in Executive Session, it was stated that the Village had tried this before, and it did not work. It took many times to get the answers to the questions submitted. He felt that the proposed resolution was an attempt to limit public input.
Amelia Janco, 178 East Main St.: The job description for the Chief of Police was a waste of time. Mrs. Janco questioned the status of the EPA answer that was needed by May 17, 2007. Administrator Zapp confirmed that a letter was sent to the EPA prior to the due day, giving them an update on the water/sewer utility sale.
Mark Bayshore, 205 Manchester: Expressed concerns on the status of the Perfection Corporation. Mayor Evangelista updated that he has been trying to contact Mr. Satterfield from Perfection. A letter was also sent by the Mayor. No response received.
Ed Williams, 50 Union Street: Questioned the schedule and service of World Resources in the pick-up of the Village’s recyclables. Administrator Zapp updated that pick-up is every Monday and on call as needed. It was confirmed that past performance has not been neat and within acceptable conditions. The recycle center is being used to a great extent now with spring clean ups. There is a greater use at variance times during the week.
Council Reports
Mr. Britton: Stated that he had made a call on the condition of the trash and glass recycle containers during this past Mother’s Day Weekend.
Motion by Mr. Britton, seconded by Mr. Vest to approve the use of the Park for the upcoming Cruisin’ for a Cause, August 19, 2007, contingent upon availability of the park for that day. Roll call on the motion, 6 ayes. Motion carried.
Mr. Hamercheck: Requested a copy of the reports and charts on infiltration from Gordon Musclow.
Mr. Vest: Commented on Mr. Larson’s question on plans for the property outlined in Ordinance 21-2007: The property can not be sold, as we could not get what the property was worth.
Upcoming Meetings: Planning Commission – June 11, 2007, 7:00 p.m. Comprehensive Planning – June 26, 2007
Mr. Loparo: Addressed remarks from the meeting as follows:
a) Mr. Larson, Mrs. Lynn and Mr. Janco – proposed ordinances were not to curtail their right of speech. These were resolutions of following ORC and procedural operations. As for “dual control”, ORC establishes that to be the right of the Supervisor. b) He did not say that the Mayor was not doing his job. Supports the Mayor and his efforts. c) Senior Board – The Senior Center is ready to proceed with the completion of adding electric to the pavilion. There is electric going to the pavilion, but outlets are not installed yet. The Senior Board is also requesting that the grounds be fertilized. Administrator Zapp confirmed that this has already be completed. d) Fire District – The Fire Board is addressing the staffing at the Fire Stations. Areas of concern include Financing and Union Scheduling. An EMIS billing procedure is being researched. Most insurance companies cover this charge in the case of accidents. This discussion is on the agenda of the June 20, 2007 meeting, and representatives will be present.
Mr. Bartlett: Thanked Gordon Musclow for his work on the reports and charts reviewed earlier. He too, would like to have a copy of the reports and charts.
Mr. Lee: Welcomed Larry Dowler back to the Village.
Engineer’s Report
Ned Foley reported that Issue #2 application is due this week. This application will address Safford Street and the Sewer Extension at Huntington. Total application will be $580,000.
In regard to the water/sewer system, the sewer system is ninety years old. Even though, it was pieced together, it has to be treated as a whole, not part in parcel. Infiltration is not part of the total.
Safety Report
*Chief Forsythe announced that May 21-June 3, 2007 is the Seat Belt Initiative – “Click It or Ticket.”. *Regarding the Village’s breathalyzer: It was operational up until last year. Our unit is in need of repair at the estimated cost of $1,500. *Councilman Vest expressed concerns of officer’s speed in cruisers and the use of sirens. During a recent accident, Township officers were traveling at a high rate of speed with no lights and sirens. Chief Forsythe reviewed that Village Officer’s do use sirens when traveling to accident scenes.
Fiscal Officer Report
*Fiscal Officer Brcak updated that the 2007 Proposed Budget and first quarter update is available and posted at our website. This document will be updated quarterly, as reviewed with the Budget Committee.
*To date, the Village has entered into Payment Plan Agreements with thirty-nine residents for water/sewer/garbage bills. Two additional residents are pending, which would bring our total to 41 plans.
*The last phase of a 2006 FEMA project is for 110 yards of rip rap stone to Dana’s Park. A $3,800 purchase order is needed for Eeiter Trucking Company, for the purchase and delivery of the stone. Motion by Mr. Lee, seconded by Mr. Vest, that the $3,800 purchase of rip rap stone from Eeiter Trucking be approved. Roll call on the motion, 6 yeas. Motion carried.
Administrator’s Report
Administrator Zapp advised that the electric for the Senior Center is being quoted. In other Senior Center activities, the Maintenance Department has completed the application of weed killer and fertilizer at their Hubbard Road location.
Mayor’s Report
Mayor Evangelista reviewed the Madison Local School meeting and proposal for facilities.
Upcoming meeting dates: USO site Grand Opening – May 31, 2007 Council Meeting – June 4, 2007 Economic Development Committee – June 5, 2007
Motion by Mr. Bartlett, seconded by Mr. Lee that Council enter into Executive Session at 10:15 p.m. for matters of legal and personnel. Roll call on the motion 4 yeas (Bartlett, Hamercheck, Lee and Vest), 2 nays (Loparo and Britton). Motion carried
Reconvened to Public Session at 10:41 p.m.
Motion by Mr. Loparo, seconded by Mr. Vest to adjourn the meeting at 10:42 p.m. Roll call on the motion, 6 yeas, Motion carried. |