COUNCIL MINUTES
VILLAGE OF MADISON
Regular Meeting
May 3, 2004
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.
Council members Mr. Britton, Mr. Buck, Mr. Burgard, Mr. Toward and Mr. Vest were present. Also in attendance; Mayor Evangelista, Administrator Sample, Solicitor Murray, Fiscal Officer Pinkert, Police Chief Matty and Eric Haibach for Engineer Foley.
Motion by Mr. Toward, seconded by Mr. Britton, to approve the minutes of the regular meeting on April 19, 2004, as presented. Roll call on the motion, 4 yeas and 1 abstain (Mr. Burgard).
Fiscal Officer Pinkert presented Pay Ordinance #2067 totaling $112,346.02 for current expenses and payroll. Motion by Mr. Britton, seconded by Mr. Toward, to approve Pay Ordinance #2067. Roll call on the motion, 4 yeas and 1 abstain (Mr. Buck). Motion passed.
Buzz Nicely, 109 S. Lake Street, thanked the Mayor, Council and Administrator for the resolution welcoming Stephen Broach to Madison and Mayor Evangelista for attending the ceremony and presenting the resolution.
ORDINANCE NO. 19-2004 was read by Administrator Sample, tabled. AN ORDINANCE ACCEPTING THE BID OF SWEET BRIER II BUILDING COMPANY FOR THE SALE OF A PARCEL OF REAL ESTATE IN MADISON VILLAGE AND AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR AND FISCAL OFFICER TO EXECUTE A REAL ESTATE AGREEMENT AND DECLARING AND EMERGENCY.
Solicitor Murray said that Sweet Brier requested more time to review the agreement and suggested keeping the ordinance tabled.
ORDINANCE NO. 27-2004 was read by Administrator Sample, third reading. AN ORDINANCE GIVING CONSENT AND PROVIDING COOPERATION WITH THE DIRECTOR OF TRANSPORTATION FOR RESURFACING STATE ROUTE 528 IN THE VILLAGE OF MADISON AND DECLARING AN EMERGENCY. Motion by Mr. Toward, seconded by Mr. Buck, to approve Ordinance No. 27-2004. Roll call, 5 yeas. Ordinance No. 27-2004 duly passed.
Motion by Mr. Britton, seconded by Mr. Vest, to suspend the three reading rule for Ordinance No. 30-2004. Roll call, 5 yeas. Motion passed. Motion by Mr. Buck, seconded by Mr. Britton, to approve Ordinance No. 30-2004. Roll call, 5 yeas. Ordinance No. 30-2004 duly passed.
ORDINANCE NO. 32-2004 was read by Administrator Sample, first reading. AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $130,000 NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR 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.
Administrator sample explained that this is a rollover for the bond anticipation note and requested approval as soon as possible. Mr. Toward asked if this is strictly a financial rollover and Mr. Vest asked what the interest rate is. Administrator sample answered yes and 2.5 or 2.75% respectively.
Motion by Mr. Britton, seconded by Mr. Burgard, to suspend the three reading rule for Ordinance No. 32-2004. Roll call, 5 yeas. Motion passed. Motion by Mr. Burgard, seconded by Mr. Buck, to approve Ordinance No. 32-2004. Roll call, 5 yeas. Ordinance No. 32-2004 duly passed.
ORDINANCE NO. 33-2004 was read by Administrator Sample, first reading. AN ORDINANCE PROVIDING FOR ADDITIONAL APPROPRIATIONS AND ADJUSTMENTS TO VARIOUS LINE ITEMS FOR CURRENT EXPENSES AND FOR OTHER EXPENDITURES OF THE VILLAGE OF MADISON, OHIO, FOR THE PERIOD BEGINNING JANAURY 1, 2004 TO AND INCLUDING DECEMBER 31, 2004, AND DECLARING AN EMERGENCY.
Administrator explained that the amount of the bond anticipation note has to be shown as revenue and that it wasn’t included in the annual appropriations. He added that it doesn’t change the budget.
Motion by Mr. Toward, seconded by Mr. Burgard, to suspend the three reading rule for Ordinance No. 33-2004. Roll call, 5 yeas. Motion passed. Motion by Mr. Britton, seconded by Mr. Buck, to approve Ordinance No. 33-2004. Roll call, 5 yeas. Ordinance No. 33-2004 duly passed.
ORDINANCE NO. 34-2004 was read by Administrator Sample, first reading. AN ORDINANCE CONFIRMING THE FINAL APPOINTMENT OF TIMOTHY GLEBA AS A PART-TIME PATROLMAN FOR THE VILLAGE OF MADISON POLICE DEPARTMENT, AND DECLARING AN EMERGENCY. Motion by Mr. Britton, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 34-2004. Roll call, 5 yeas. Motion passed. Motion by Mr. Britton, seconded by Mr. Vest, to approve Ordinance No. 34-2004. Roll call, 5 yeas. Ordinance No. 34-2004 duly passed.
ORDINANCE NO. 35-2004 was read by Administrator Sample, first reading. AN ORDINANCE CONFIRMING THE FINAL APPOINTMENT OF RICHARD MONGELL AS A PART-TIME PATROLMAN FOR THE VILLAGE OF MADISON POLICE DEPARTMENT, AND DECLARING AN EMERGENCY. Motion by Mr. Burgard, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 35-2004. Roll call, 5 yeas. Motion passed. Motion by Mr. Burgard, seconded by Mr. Vest, to approve Ordinance No. 35-2004. Roll call, 5 yeas. Ordinance No. 35-2004 duly passed.
ORDINANCE NO 36-2004 was read by Administrator Sample, first reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR AND FISCAL OFFICER TO ENTER INTO AN AGREEMTN WITH JOHN PASQUARELLI FOR THE RESOLUTION OF A PROPERTY DISPUTE AND DECLARING AN EMERGENCY.
Motion by Mr. Britton, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 36-2004. Roll call, 5 yeas. Motion passed. Motion by Mr. Britton, seconded by Mr. Toward, to approve Ordinance No. 36-2004. Roll call, 5 yeas. Ordinance No. 36-2004 duly passed.
Mr. Britton explained that this is land in Parkway that surrounds the Village’s retaining pond that was sold by mistake. The agreement gives Mr. Pasquarelli the building lot with the Village getting the rest of the land and retaining pond. He added that two or three homeowners get a small portion of the land.
ORDINANCE NO 37-2004 was read by Administrator Sample, first reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE SUBMISSION TO THE ELECTORS OF THE VILLAGE OF MADISON, OHIO A REFERENDUM RELATING TO THE CONTINUED TAXATION OF A SHAREHOLDER’S DISTRIBUTIVE SHARE OF NET PROFITS FROM AN ‘S’ CORPORATION.
ORDINANCE NO 38-2004 was read by Administrator Sample, first reading. AN ORDINANCE AMENDING ORDINANCE NO. 8-1991, SECTION 14, AS AMENDED BY ORDINANCE NO. 43-1997, AND REPEALING ORDINANCE NO. 52-1999 SO AS TO MODIFY THE ALLOCATION OF REVENUE RECEIVED FROM GRAVE SALES AND GRAVE OPENINGS ON AND AFTER JUNE 1, 2004.
Administrator Sample explained that this will redistribute the money received from grave sales and burials. Mr. Vest expressed concerns about eliminating the amount distributed into the endowment fund. Administrator Sample explained that over the next 24 months it should be a priority to get the next section of the cemetery ready to sell and then resume distribution of revenue into the endowment fund which has approximately a $70,000 balance.
Administrator Sample informed Council that Rian Land Development Corporation and Principles of Prosperity Development Company have requested to tie into the Village of Madison water & sewer service from land that is outside the Village.
Tony Aveni addressed Council on behalf of Principles of Prosperity Development and informed Council that the Company has the Dade property on the westerly side of Dayton Rd. under contract. He said that there is a request to tie into the Village water & sewer and asked for some dialog with Council regarding the issue. Mr. Aveni said that his clients are prepared to petition for annexation if the request is denied. He also requested an indication from Council of the Village’s position if his clients did petition for annexation.
Council was informed that the preliminary plan is for 70 homes with an average of 2200 square feet, that a preliminary wetland delineation was done and the majority of the property is uplands.
Administrator Sample explained that the wastewater treatment plant (WWTP) is coming close to capacity and that the amount of developable land inside the Village has to be considered.
There was discussion about the WWTP, current plans for development and annexation by the property in question. Mr. Aveni asked if there are any guarantees for water and sewer service if the property is annexed. Administrator said no but the annexation issue will come before Council.
Solicitor Murray suggested getting an update by Engineer Foley on the capacity of the WWTP. Mr. Aveni requested that update within thirty days.
Buzz Nicely 109 S. Lake Street, asked what happens if the land is annexed and Mr. Aveni’s clients are ready to move forward before the current developers with projects pending.
Administrator Sample said that it is for Council’s consideration.
Mr. Britton inquired about Dollar General cleaning up their site and if there is a bond in place. He added that Mr. Gustincic is very upset. Eric Haibach said that there is a bond in place, he has been calling them twice a week with no results and that he is still working on it. Administrator Sample said that he will call the owner in Youngstown.
Mr. Britton also reported the following:
Fire Board meeting Wednesday May 5, 2004, at 7:30 pm.
The Old Fashioned Days car will be on display at the Unionville sale on May 8, 2004, and tickets will be available.
Today’s garbage pickup was an improvement.
Mr. Toward, no report.
Mr. Vest said that the Lakeland project is moving forward with walls being constructed.
Mr. Buck reported that there is planning commission meeting on May 10, 2004, at 7:00 pm.
Mr. Burgard, no report.
Eric Haibach reported the following:
Lakeland has almost all of their underground work complete and have made a connection to the water and sanitary sewer.
The grass restoration and topsoil seeding will be staring at the end of the week weather permitting.
They are keeping an eye on the Bear Path Development as to when the underground work will start.
He distributed plans for the proposed senior center expansion.
Mr. Britton requested something on the ball field south of the senior center in time for the Recreation Board meeting.
Police Chief Matty reported the following:
Approximately 60 motorcyclists left Township Park for the Louie Run on May 2, 2004.
Patrolman Svagerko is in non-lethal weapon training for use of the taser.
The training for the recently appointed part-time patrolmen is going along well and that they should be ready for the road soon
Administrator Sample reported the following:
The Water Department with the help of CIR, Inc. replaced two fire hydrants, one on River Road south of Route 307 and one on Middle Ridge Road.
There was sewer back-up on West Main Street and a house did end up with some sewage in the basement.
The junk pickup is May 22, 2004.
The tree planting is almost complete.
Consumer’s confidence reports as required by EPA were mailed out.
The Village received the new highly visible material for the stop bars and cross walks.
Mr. Vest asked if there is any way to refurbish the water hydrants. Administrator said no.
Mayor Evangelista reported the following:
Mr. Loparo is recovering from surgery on April 27,2004 at Lake West Hospital.
The Insurance Women of Northeast Ohio have requested a resolution of support for the week of May 16, 2004. Motion By Mr. Toward, seconded by Mr. Buck, approving a Resolution No. 10-2004 honoring the Insurance Women of Northeast Ohio the week of May, 16th. Roll call, 5 yeas. Resolution No. 10-2004 duly adopted.
Mr. Gerald walker will be starting as a Village employee the next pay period at a fixed rate of $250.00 per month.
Madison School Superintendent James Herrholtz requested a meeting to discuss funding the School Resource Officer position. It will be on May 10th at 10:30 am at the Madison Board of Education.
Mayor Evangelista reported the following schedule of meetings:
School Resource Officer May 10, 2004
Planning Commission May 10, 2004
Work session May 10, 2004
Mayor’s Court May 13, 2004
Large Trash Pickup May 22, 2004
Mayor Evangelista requested an executive session to discuss legal and personnel issues and said that upon approval, Council will adjourn, take a 15 minute recess and then go into executive session at 8:20
pm.
Motion by Mr. Britton, seconded by Mr. Buck, to adjourn for executive session at 8:05 and go into executive session at 8:20 pm. Roll call, 5 yeas. Motion passed.
Mayor Evangelista reconvened the meeting at 9:27 pm. Council members Mr. Britton, Mr. Buck, Mr. Burgard, Mr. Toward and Mr. Vest were present. Also in attendance, Mayor Evangelista, Solicitor Murray, and Police Chief Matty.
Motion by Mr. Toward, seconded by Mr. Buck, to adjourn. Roll call, 5 yeas. Meeting Adjourned at 9:30 p.m.
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