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COUNCIL MINUTES VILLAGE OF MADISON Regular Meeting May 7, 2007
Record of Proceedings
Mayor Evangelista called the meeting to order at 7:00 p.m. at the Madison Township Offices, 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. 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.
Mayor Mike Evangelista presented John Didario with a Resolution Honoring the Flying of the POW Flag.
Motion by Mr. Lee, seconded by Mr. Bartlett that the Minutes from the Regular Meeting of Council, dated April 16, 2007 be approved. Roll call on the motion, 5 yeas, 1 abstain (Loparo). Motion carried.
Pay Ordinance No. 2135 totaling $30,864.39 for payroll and $85,237.06 for current and upcoming expenses was presented. Motion by Mr. Vest, seconded by Mr. Lee, to approve Pay Ordinance No. 2135. Roll call on the motion, 4 yeas (Lee, Vest, Bartlett, and Britton), 1 nay (Loparo), and 1 abstain (Hamercheck). Motion carried.
Motion by Mr. Lee, seconded by Mr. Bartlett for Council to enter into Executive Session at 7:10 p.m., for matters of personnel and potential litigation. Roll call on the motion, 6 yeas. Motion carried.
Council reconvened to Public Session at 7:50 p.m.
Questions and Answers on Pending Legislation
None.
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. Proposed Ordinance to remain tabled at this time.
ORDINANCE NO. 18-2007 was read by Solicitor Murray, second 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 PARTCEL OF REAL
PROPERTY OWNED BY ERIE HOMES, LLC IN MADISON VILLAGE FROM AN R-2 RESIDENTIAL DISTRICT TO A R-1 RESIDENTIAL SUBDIVISION DISTRICT.
New Business
ORDINANCE 20-2007 was read by Solicitor Murray, first 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, first 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.
ORDINANCE 22-2007 was read by Solicitor Murray, first reading. AN ORDINANCE HIRING MICHAEL KRYANIK AS A FULLTIME EMPLOYEE FOR THE STREET CONSTRUCTION MAINTANANCE AND REPAIR DEPARTMENT FOR THE VILLAGE OF MADISON ESTABLISHING THE HOURS AND COMPENSATION FOR SAME, AND DECLARING AN EMERGENCY. Motion made by Mr. Vest, seconded by Loparo, to suspend the three reading rule. Roll call on the motion, 6 yeas. Motion carried.
Motion made by Mr. Loparo, seconded by Mr. Britton to approve Ordinance 22-2007. Roll call on the motion, 6 yeas. Motion carried.
RESOLUTION 10-2007 was read by Solicitor Murray. A RESOLUTION DECLARING THE NECESSITY TO IMPROVE CERTAIN STREETS IN THE VILLAGE OF MADISON, OHIO BY SUPPLYING SAME WITH ELECTRIC STREET LIGHTING, AND DECLARING AN EMERGENCY. Motion made by Mr. Loparo, seconded by Mr. Vest to approve Resolution 10-2007. Roll call on the motion, 6 yeas. Motion carried.
Fiscal Officer Brcak reviewed that the Street Lighting Assessment is proposed at 1 mill, which is a reduction from the 1.2 mills that was approved last year. The 1 mill assessment will generate approximately $81, 200 to the Village to pay for the electrical and maintenance of the Street Lighting Program in 2008.
RESOLUTION 11-2007 was read by Solicitor Murray. A RESOLUTION PROCLAIMING THE MONTH OF MAYAS MOTORCYCLE AWARENESS MONTH. Motion made by Mr. Vest, seconded by Mr. Hamercheck to approve Resolution 11-2007. Roll call on the motion, 6 yeas. Motion carried.
The proposed letter to the Ohio EPA, addressing the proposed WWTP expansion was reviewed. Mr. Lee suggested an amendment to the last line of paragraph three to read “an update”. Motion was made by Mr. Britton, seconded by Mr. Hamercheck, that the amended letter be forwarded to EPA. Roll call on the motion, 6 yeas. Motion carried.
Administrator Zapp reviewed the survey results of the Safford Street resident’s poll. It was reported that the majority of residents preferred parking as it currently stands. Motion by Mr. Bartlett, seconded by Mr. Lee that parking be restricted across from a driveway. Roll call on the motion, 4 yeas (Bartlett, Hamercheck, Lee and Vest), and 2 nays, (Britton and Loparo). Motion Carried. Administrator Zapp will deliver the message to the residents of Safford Street.
Visitor Comments
Larry Larson, 239 West Main Street: Issues regarding the proposed EPA letter and the Waste Water Treatment Plant. Will there be additional meetings or workshops? Mayor Evangelista responded that additional meetings are being planned. Council is currently waiting for additional answers and information from the County Department of Utilities.
a) Solicitor Mike Murray was asked for the status of the requested documents on with holding of an employee’s paycheck. Need for more definitive detail. Solicitor Murray answered that the law states when pay shall be issued and the ability to pay, not when not to pay. b) Safety Issues were also questioned. The question of Chief Forsythe being considered management and use of sick, vacation and compensatory time was discussed. Mayor Evangelista stated that the Police Handbook is currently being reviewed and revisions being made where needed. A propose Job Description for the Chief of Police is pending and should be ready for the next Meeting of Council. c) Mr. Larson also requested the status of the Updated Crime Report requested at the last meeting. Mayor Evangelista said that he would have the Chief of Police gather that information.
Gordon Musclow, 178 Willowbend: Felt that there is a conflict of interest with the negotiating parties for the sale of the Water/Sewer Facility. The EPA offers a free service to help with compliance issues pertaining to water infiltration. Administrator Zapp will research EPA services for more information.
Kathy Lynn, 209 West Main St.: Addressed continued Safety Department Issues. a) Questioned the status of the Job Description for the Chief of Police? Mayor Evangelista updated that it was almost completed and is being reviewed by Legal Counsel. It is hoped to be included with the May 21, 2007 Agenda. b) Questioned why the Chief of Police did not report to work until 1:15 p.m. today? It was answered that the Chief reported to work at 1:15 p.m. in keeping with his current agreement, which is an 8 hour day. Mr. Loparo further addressed Labor Laws as they pertain to a 40 hour work week, and over time for those hours worked above 40 hours. Requiring an over 40 hour work week may be a violation of labor laws for all exempt employees. c) Discussion of use of Holidays in advance of the holiday was held. It was confirmed by Mayor Evangelista that future use of Holidays is permitted in the Safety Handbook. For future holidays, the Chief will be using vacation time.
Ken Takacs, 164 Huntington Woods: Thanked people in Village Hall and Council for taking the time to speak with him on the utility issues. The Waste Water Treatment Plant is an asset of the Village residents. The facts should be advertised to the residents and suggested allowing them to vote on the sale of the asset by ballot in August or November.
Duane Larusch.: 314 West Main St.: Thanked Officer Svagerko for his observance and questioning a man who was around his house.
Stacy Cornell, 161 E. Parkway: Addressed pending issues with the Safety Department and lack of a job description for the Chief of Police. Mrs. Cornell also questioned if Sunshine Laws are being violated by residents requesting information and not having the information provided.
Lisa Johnson, 178 E. Parkway: Requested information on Vehicle Registration Fee Ordinance. Mayor Evangelista stated that there is no additional fee for vehicle registration that goes to the Village. The proposed legislation was voted down by Council.
A second question was raised regarding selective plowing of Village sidewalks in the winter. Administrator Zapp answered that snowplowing does occur in a small radius of the Village for the students that walk to school. Due to limited manpower and resources, the Village can not plow all the walks. It is the responsibility of the residents to shovel or plow their walks in front of their homes.
Council Reports
Mr. Britton: Old Fashioned Days had found a car for the 2007 event. A 1962 Ford Fairlane will be auctioned. Walgreen’s has agreed to sponsor the tickets for the event.
Mr. Hamercheck: Thanked Madison Township for allowing the Village to hold tonight’s meeting in their offices. In other business:
a) EPA - Office of Compliance Assistance. Would like more information on assistance available to the Village, as it pertains to our ground water infiltration. Administrator Zapp will research and report at our next meeting. b) In respect to Ordinance 37-1985, Safety Handbook, are there other versions of this ordinance in existence, as what was distributed from the Official Document Archives, is not exact to those that have been in circulation. No other copies were known to those in attendance. c) Thanked members of the Government Class for attending our meeting this evening.
Mr. Vest: Addressed the issue of the Village plowing of sidewalks, and residents shoveling sidewalks outside of the designated area.
Senate Bill 117 is a bill that addresses Cable TV. This bill is not favorable to the Village, and Council should pass a resolution against the proposed legislation. A resolution will be placed on the agenda of May 21st for Council’s consideration.
*Upcoming Meetings - Planning Commission Scheduled for May 14, 2007.
Mr. Bartlett: Thanked community volunteers who worked to edge and mulch the Village. Scott Collins, of Collins Supermarket was recognized for his donation of 25 bags of mulch. In another item, it was announced the that the Madison Schools Facility Committee will be hosing community meetings on Monday, May 7th and Wednesday, May 9th to gain community input. All are invited to attend.
Mr. Lee: Echoed Mr. Bartlett’s thanks, to those who helped mulch the Village on Sunday, May 6th. An introduction of Ken Rader was made, and Mr. Rader was thanked for spearheading this contribution to the community.
*Upcoming Meeting – Budget Committee Meeting – May 14, 2007 @ 4:30 p.m.
Mr. Loparo: Thanked the Township for allowing us to use their facilities for tonight’s meeting. Village Hall is not ADA compliant, which would have kept him and others from attending tonight. He reported that he should be able to attend the meeting at Village Hall on May 21st, contingent upon Doctor’s release.
*Upcoming Meeting – Senior Citizen Center Meeting – May 15, 2007 - Executive Fire Board Meeting – May 9, 2007
Engineer’s Report
Ned Foley reported that an application has been filed for funding for Safford Street. Also, Phase 1 of the Sidley Building Plat is being reviewed by Planning Commission and will be coming before Council.
Safety Report
Chief Forsythe reported that on April 23, 2007, an impaired driver was pulled over. Forty-eight packs of heroine were found in the vehicle, with a street value of $14,000.
The Lead’s Program Contract for 2007 has been received. The cost for this year is $ 1,620.00, which represents a considerable reduction from the prior year.
Other current activities include the three year policy update. OVI and Domestic Violence are areas of change.
Councilman Vest thanked the Chief for the reports and records that he had requested at previous meetings. He does have the requested information on the Drug Trust Fund, but would still like to have copies of actual invoices for 2005 and 2006 for the Law Enforcement Trust and Seizure accounts.
Fiscal Officer Report
Fiscal Officer Brenda Brcak updated that to date, the village has entered into payment plans with 32 residents for payment of water and sewer bills. Calls are still coming in, and others may be entered into within coming weeks.
Administrator’s Report
Administrator Zapp reported that it is business as usual in the Village. We also want to welcome Kristy’s Critters to the Village. This is a pet grooming business located on Lake Street. .
Mayor’s Report
Mayor Evangelista reported that the Economic Development Plan is progressing.
On May 3, 2007 a workshop was held for Historical Design Review. Grants and matching fund opportunities do exist and were reviewed with those in attendance.
Upcoming meeting dates: 5/8/2007 – Remember to Vote 5/9/2007 – Fire District Meeting - Executive 5/14/2007 – Budget Committee @ 4:30 p.m. – Planning Commission @ 7:00 p.m. 5/15/2007 – Senior Center Board Meeting 5/21/2007 - Village Council Meeting 5/22/2007 - Economic Development Meeting @ 5:00 p.m.
Motion by Mr. Vest seconded by Mr. Loparo that the meeting be adjourned at 9:30 p.m.. Roll call 6 yeas. Motion carried. Meeting adjourned.
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