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COUNCIL MINUTES VILLAGE OF MADISON Regular Meeting October 3, 2005
Record of Proceedings
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. Loparo, Mr. Toward and Mr. Vest were present. Also in attendance; Mayor Evangelista, Solicitor Murray, Chief Forsythe, Engineer Foley and Fiscal Officer Pinkert.
Mr. Britton informed everyone that Mr. Burgard is absent due to a family illness.
Motion by Mr. Loparo, seconded by Mr. Buck, to approve the minutes of the regular meeting on September 13, 2005, as presented. Roll call on the motion, 5 yeas. Motion passed.
Motion by Mr. Loparo, seconded by Mr. Britton, to approve the minutes of the regular meeting on September 19, 2005, with the following corrections:
Roll call on the motion, 5 yeas. Motion passed.
Fiscal Officer Pinkert presented Pay Ordinance #2097 totaling $34,444.91 payroll and $29,263.60 for current and upcoming expenses. VISITORS
Mr. Walters, 359 W. Parkway Blvd., said that he has concerns about the Village Zoning Board and Planning Commission. He added that there was a recent problem with dust from the neighboring development. He said the he blames the Village and that they have a responsibility to follow up on the projects in the Village. Mayor Evangelista said that Engineer Foley will give an update on the dust problem during his report.
Gordon Musclow, 178 Willowbend Drive, said that Councilman Loparo has said in the past that Council is a legislative body and that although the Chapter 731 of the Ohio Revised Code (ORC) limits councils to legislative power it only does so for cities and doesn’t mention villages. He also distributed some information about “Quiet Zones” for railroad tracks and said that there are some less costly solutions than dual gates. Mr. Musclow read a portion of Ohio Revised Code about members of the legislative authority being employed by or doing business with the entity and asked if the Village is monitoring situations to avoid violating this section. Solicitor Murray said yes and that there are certain criteria that has to be met in those situations and that he gave a legal opinion in 2004 regarding this issue. Solicitor Murray added that the ORC provisions cover Villages and Cities and in addition to ORC there are decisions by the Attorney General that affect Villages. Mr. Musclow also requested that a monthly financial statement be posted on the Village website.
Larry Dowler, 161 River Street, requested that everyone speak into their microphones in order for the audience to hear.
Mayor Evangelista asked if anyone has any questions regarding the proposed legislation.
Theresa Milanese asked why some raises were being considered this late in the year. Mayor Evangelista said that the raise for the Senior Center Director was removed from a previous ordinance because Madison Township didn’t have a chance to consider it. He added that the raises were held off until mid year for all employees and that the Senior Center Director’s raise would be effective June 1, 2005. He added that some of the job responsibilities of the previous administrator have been distributed to other employees and their salaries are being adjusted accordingly.
OLD BUSINESS
ORDINANCE NO. 44-2005 was read by Solicitor Murray, second reading. AN ORDINANCE APPROVING THE FINAL PLAT AND THE FINAL SUBDIVISION IMPROVEMENT PLANS OF PHASE III OF HUNTINGTON WOODS SUBDIVISION.
Mayor Evangelista said that there is a request from the developer to move forward with this. Engineer Foley said that everything is going as planned and that it would be reasonable to approve it tonight. He added that all of the work except for the final punch list and grading is complete and that the developer is required to post a bond for the value of the remaining work. Engineer Foley also answered questions saying that all of the lots are buildable, the sidewalk will be complete up to sub lot 3 and that all of the work should be complete within the month. Motion by Mr. Buck, seconded by Mr. Britton, to suspend the three reading rule for Ordinance No. 44-2005. Roll call, 5 yeas. Motion passed. Motion by Mr. Britton, seconded by Mr. Buck, to approve Ordinance No. 44-2005. Roll call, 5 yeas. Ordinance No. 46-2005 duly passed.
NEW BUSINESS
ORDINANCE NO. 48-2005 was read by Solicitor Murray, first reading. AN ORDINANCE ESTABLISHING THE RATE OF PAY OF THE DIRECTOR OF THE MADISON VILLAGE SENIOR CITIZEN PROGRAM FOR THE YEAR 2005, APPROVING THE APPOINTMENT OF RAE JEAN BURGARD AS DIRECTOR, AND DECLARING AN EMERGENCY. Motion by Mr. Vest, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 48-2005. Roll call, 5 yeas. Motion passed. Motion by Mr. Buck, seconded by Mr. Vest, to approve Ordinance No. 48-2005. Roll call, 5 yeas. Ordinance No. 48-2005 duly passed.
ORDINANCE NO. 49-2005 was read by Solicitor Murray, first reading. AN ORDINANCE ESTABLISHING THE JOB DESCRIPTION, JOB DUTIES AND COMPENSATION FOR THE VILLAGE FISCAL OFFICER AND DECLARING AN EMERGENCY.
Motion by Mr. Loparo, seconded by Mr. Britton, to suspend the three reading rule for Ordinance No. 49-2005. Mr. Loparo explained that the Fiscal Officer’s duties were expanded to include human resource management and tax administrator. Roll call on the motion, 5 yeas. Motion passed. Motion by Mr. Loparo, seconded by Mr. Buck, to approve Ordinance No. 49-2005. Roll call, 5 yeas. Ordinance No. 49-2005 duly passed.
ORDINANCE NO. 50-2005 was read by Solicitor Murray, first reading. AN ORDINANCE ESTABLISHING THE JOB DESCRIPTION, JOB DUTIES AND COMPENSATION FOR THE MAYOR’S COURT CLERK AND DECLARING AN EMERGENCY. Motion by Mr. Loparo, seconded by Mr. Britton, to suspend the three reading rule for Ordinance No. 50-2005. Mr. Loparo explained that the Mayor’s Court Clerk duties have also been expanded and that it is appropriate to approve a wage increase in accordance with the job description modification. Mr. Vest asked what funds the Mayor’s Court Clerk will be paid from and said that it should be in the ordinance. Fiscal Officer Pinkert said that although it isn’t in the ordinance, the expense will be charged to the funds of the department the work is done. Roll call on the motion, 5 yeas. Motion passed. Motion by Mr. Britton, seconded by Mr. Loparo, to approve Ordinance No. 50-2005. Roll call, 5 yeas. Ordinance No. 50-2005 duly passed.
ORDINANCE NO. 51-2005 was read by Solicitor Murray, first reading. AN ORDINANCE AMENDING SECTION THREE OF MADISON VILLAGE ORDINANCE NO. 38-2005 TO MODIFY THE MAXIMUM RATE OF PAY FOR PART-TIME PATROLMAN.Motion by Mr. Britton, seconded by Mr. Loparo, to suspend the three reading rule for Ordinance No. 51-2005. Roll call, 5 yeas. Motion passed. Motion by Mr. Buck, seconded by Mr. Toward, to approve Ordinance No. 51-2005. Roll call, 5 yeas. Ordinance No. 51-2005 duly passed.
ORDINANCE NO. 52-2005 was read by Solicitor Murray, first reading. AN ORDINANCE AMENDING MADISON VILLAGE ORDINANCE NO. 37-2005 ESTABLISHING THE HOURS OF WORK AND RATE OF PAY FOR WASTEWATER TREATMENT PLANT SUPERINTENDANT AND DECLARING AN EMERGENCY.Motion by Mr. Loparo, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 52-2005. Mr. Vest asked if the ordinance conflicts with a previous ordinance passed for the WWTP Superintendent. Mr. Loparo said yes and that is why this is an amendment. Roll call, 5 yeas. Motion passed. Motion by Mr. Britton, seconded by Mr. Loparo, to approve Ordinance No. 52-2005. Roll call, 4 yeas and 1 abstain (Vest). Ordinance No. 52-2005 duly passed.
ORDINANCE NO. 53-2005 was read by Solicitor Murray, first reading. AN ORDINANCE APPROVING THE DEDICATION OF EDWARDS STREET IN MADISON VILLAGE AND DECLARING AN EMERGENCY. Mr. Buck asked if all the requirements have been met. Engineer Foley said yes this is to dedicate for public use property the Village has owned. Motion by Mr. Loparo, seconded by Mr. Buck, to suspend the three reading rule for Ordinance No. 53-2005. Roll call, 5 yeas. Motion passed. Motion by Mr. Loparo, seconded by Mr. Toward, to approve Ordinance No. 53-2005. Roll call, 5 yeas. Ordinance No. 53-2005 duly passed.
ORDINANCE NO. 54-2005 was read by Solicitor Murray, first reading. AN ORDINANCE AUTHORIZNG AND DIRECTING THE MAYOR AND FISCAL OFFICER TO ENTER INTO AN AGREEMENT WITH WESTFIELD INSURANCE COMPANY FOR THE RELEASE OF PROPERTY DAMAGE CLAIMS AND DECLARING AN EMERGENCY. Solicitor Murray explained that this is a result of damage to a sewer line near the Sweet Brier Development. Motion by Mr. Toward, seconded by Mr. Britton, to suspend the three reading rule for Ordinance No. 54-2005. Roll call, 5 yeas. Motion passed. Motion by Mr. Toward, seconded by Mr. Buck, to approve Ordinance No. 54-2005. Roll call, 5 yeas. Ordinance No. 54-2005 duly passed.
Motion by Mr. Britton, seconded by Mr. Vest to schedule trick-or-treat for Halloween on October 31, 2005, from 6:00-8:00 pm. Roll call, 4 yeas and 1 abstain (Loparo). Motion passed. COUNCIL REPORTS
Mr. Britton suggested bidding out the snow plowing for the senior center and splitting the cost 70/30 with Madison Township per their approval. He added that the inside maintenance of the senior center could eventually be handled the same way. Mayor Evangelista said that if it was going to be bid out it should be done as soon as possible. Mr. Loparo suggested deciding after the bid whether or not to award it. He added that the Village will have to consider funding it 100% if Madison Township doesn’t agree to a 70/30 split. Motion by Mr. Britton, seconded by Mr. Loparo, to accept bids for snow plowing of the Madison Senior Center for the 2005-2006 season. Roll call, 5 yeas. Motion passed. Mr. Britton thanked Dan Donaldson for organizing the recent candidates meet and greet and said there is another one scheduled for October 29, 2005, from 1:00 – 3:00 p.m.
Mr. Toward expressed concerns about the placement of the crosswalk in front of the YMCA and asked if anything can be done to have it put back to its previous position. Engineer Foley said that he would follow up on the matter and find out.
Mr. Vest clarified that the certificate of achievement presented to John Sample at the last meeting was from Congressman LaTourette’s Office not from Madison Village. Mr. Vest requested an update on Cocca Development and the property at Dollar General. Engineer Foley said that although he has been in contact with them, he hasn’t received any clear answers. He added that they are pursuing another zoning permit for a tenant.
Mr. Loparo informed everyone that he has been working to streamline the format of the 2006 budget and that he is also researching information about present income tax revenues vs. expenditures in comparison to the same in 1984. He added that $1.00 in 1984 is equal to $1.99 in 2005 and that the Village will have to find money for capital expenditures. Mr. Loparo said that the goal is to present a preliminary budget by the first week in November.
Mr. Buck said that a family on S. Dayton Rd. contacted him regarding the new development. There were stakes placed on their property and they are concerned that a family cemetery on the property is being encroached upon.
Engineer Foley said that there seems to be some confusion as to where the property lines are. He added that if there is a discrepancy between surveys, it should be ironed out between the two surveyors.
Mr. Buck also asked about Prosperity Development and a potential problem concerning the water lines. Engineer Foley said that relative to service on that side of the road, it doesn’t appear that an additional 35-39 lots will present any problems.
ENGINEER’S REPORT
Engineer Foley gave the following updates on projects in the Village:
1. Huntington Woods is finalizing phase III and is paving. 2. He has received plans for the first phase of Harper’s Landing. 3. Village Glen is almost in the paving phase. 4. The revised general plan for the WWTP in finalized and ready to submit to the EPA.
Engineer Foley said that there is no good excuse for the dust problem at Village Glen, it was made clear to the developer that they would be in an area that could jeopardize adjacent residents and that they needed to be careful. He added that the developer is under a no water truck, no work order due to the dust problems. Mayor Evangelista said that the problem with the dust was totally irresponsible and the worst he has seen.
SAFETY DEPARTMENT REPORT
Police Chief Forsythe said that there are road detour signs on Main Street because ODOT is making culvert repairs on Route 84 in Geneva. Mr. Buck asked if the sign can be moved further out of town. Chief Forsythe explained that it is placed there in order for drivers to have the option to take State Route 528.
FISCAL OFFICER REPORT
Fiscal Officer Pinkert reported the following:
MAYOR’S REPORT
Mayor Evangelista said that the High School has requested consideration for a parade in the Village on November 6, 2005, and use of the Village Park for a rally.
Motion by Mr. Vest to allow Madison School System to have a parade from the old high school to the Village Park on November 6, 2005, with a rally in support of a school levy in the Village Park.
Mayor Evangelista reported the following:
Gordon Musclow, 178 Willowbend Drive, said that his earlier comments weren’t in favor of “Quiet Zones”, he was saying that there are less costly solutions than installing dual gates.
Mayor Evangelista announced the following dates:
Brush Pick-up Today Mayor’s Court 10/06/05 Disability Awareness Fair 10/07/05 Planning Commission 10/10/05 Design & Review Board 10/12/05 Council Meeting 10/17/05
Mayor Evangelista requested an executive session for legal and budgetary and said that there will be no business after executive session. Motion by Mr. Britton, seconded by Mr. Toward, to adjourn for executive session at 8:20 pm for legal and budgetary. Roll call on the motion, 5 yeas. Motion passed.
Mayor Evangelista opened the meeting at 9:00p.m. Council Members Mr. Britton, Mr. Buck, Mr. Loparo, Mr. Toward and Mr. Vest were present. Also in attendance; Mayor Evangelista, Solicitor Murray, Chief Forsythe, and Fiscal Officer Pinkert.
Motion by Mr. Vest, seconded by Mr. Toward, to adjourn. Roll call, 6 yeas. Meeting adjourned at 9:02 p.m.
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