RECORD OF PROCEEDINGS
Mayor Evangelista called the meeting to order at 7:01 pm and invited all in attendance to join in the Pledge of Allegiance.
Council Members Mr. Britton, Mr. Buck, Mr. Burgard, Mr. Loparo, Mr. Smith, and Mr. Toward were present. Also in attendance were Administrator Sample, Clerk-Treasurer Reed, Engineer Foley, and Chief Matty.
Mr. Smith motioned to approve the minutes of the August 11, 2003 meeting. Mr. Loparo seconded. All present were in favor except Mr. Burgard who abstained.
Clerk-Treasurer Reed presented Pay Ordinance #2050 representing figures through the end of August totaling $1,447,552.07. This includes a rollover loan that was re-instituted. Mr. Britton motioned to approve Pay Ordinance #2050. Mr. Burgard seconded. All present were in favor. Clerk-Treasurer Reed also presented Pay Ordinance #2051 representing figures of the first half of September 2003 totaling $77,972.08. Mr. Smith motioned to approve Pay Ordinance #2051. Mr. Buck seconded. All present were in favor.
Mr. Loparo presented Mr. David Hearn, a local businessman, with an award of being an outstanding businessman in the Village of Madison for nearly 60 years. Congratulations Mr. Hearn.
Chief Matty introduced three Auxiliary Police Officers to swear in. Mr. Smith motioned to accept Paul Shook, Douglas Covert and Jonathan O’Leary as Auxiliary Police Officers. Mr. Britton seconded. All present were in favor. Solicitor Murray proceeded to swear in these Auxiliary Police Officers. Congratulations Gentleman.
Mr. Mike Gehring of 149 Square Drive is acting as Chairman for Citizens for Madison Public Library Committee. He is asking for Village Council’s support and endorsement for the one mill levy on the November 4, 2003 ballot under Issue #5. At the present time, Madison Public Library operates under no operating funds from the public, nor do they get any money from the school system. They are currently funded 94% by the State of Ohio. The other 6 % comes from fees. At this point, because of the downturn in the economy and the severe cutbacks they received from the State of Ohio, the library board is facing a quarter million dollar deficit. The levy that they are asking for will close that gap. This translates to approximately $30 per year per $100,000 home. He gave a brief history of the Madison Public Library.
Mr. Tim Regan of 480 Tappan Oval commented that he doesn’t see how the Historic Preservation Ordinance will help small businesses in the downtown area. Small businesses have enough to worry about without worrying about another ordinance. He also wanted to make known the performance or lack there of, with the waste company. He has not seen a very good performance over the last 3-4 weeks.
Chuck Dome of 190 Manchester Court stated that he too has not been happy with the performance of the waste hauler. He had a large empty cardboard box leaning against the dumpster and they did not take the box. He chased them down and put it in the truck himself. Administrator Sample explained that they were able to calculate the amount of trash they will haul and that is how they were able to give a better price deal to the Village.
Mr. Jim Redecker of River Street has lived there for 57 years and is concerned with the house to the north of him and how it is falling apart. There are junk cars on the property and he thought there were laws against that. Administrator Sample stated that charges have been filed in Painesville Municipal Court for failure to keep up the property. Mr. Redecker also complained about the house to the south of him and how they are running a newspaper out of the home. There are cars in and out of the driveway. Administrator Sample stated that normal business being conducted with offices and computers are allowed, but certainly people going in and out dropping off papers or ads is not permitted. He will send them a letter regarding this matter.
Mr. Dick Dame of 4194 Dayton Road is interested in tying into the city water on his property in the township. Mr. Dame has 53 acres and has no plans for a subdivision.
Mr. Mark Vest of 717 West Main Street has several concerns with the Historic Review Board. He feels that there are no rules regarding how much notice is needed before a public meeting. Do the rules that pertain to the Historic Review Board supersede the Planning Commission? There is not a clause for lack of funds, as often happens when someone is opening a new business. He questioned the proposed ordinance’s Certificate of Appropriateness. In the event a quorum is not obtained what kind of time frame will it be until the next meeting, as this may have an affect on construction loans. What are the fees involved for an application? How are administrative costs going to be covered and what would they be? Section 25-11 sounds to him like “carte blanche”. He believes passage of this Ordinance would stagnate entrepreneurship in this community.
Mr. Vest also has questions regarding the rezoning of the Edwards Street property from M-1 to R-3. He is not aware if Council has put this property up for sale or has taken bids on this property. He questions whether the Village is getting fair market value for this property. He suggested this land be rezoned to S-1 parks so the children in the area have a place to play. He feels there is a safety concern because of the lack of recreation in that area.
Ms. Valerie Behm of 553 West Main Street stated that she supports Mike Gehring in the Library Levy. She stated that in 1997 when they had the last library levy, the library was spending more on educational resources and less on administrative sources than any library in the county at that time.
Ms. Behm would also like to address the Historic Preservation Ordinance. She appreciates the intent but is concerned with the number of empty stores and turnover of businesses. She wonders if Council has thought about what can be done now to help businesses prosper.
Mr. Loparo addressed Ms. Behm’s concerns. He stated there is a significant concern on Council’s part of the empty buildings and the fact that businesses were unable to exist. One thing that was done to help this situation is the passing of Ordinance #14-2003, reestablishing the Community Reinvestment Area, which designated tax abatement for those that invest in their buildings in the district. They have studied the city of Willoughby and have looked into the kind of resolutions that they have. He believes that incentives are needed and standards need to be set. The Historical Preservation Ordinance was done to try to get Madison back as a thriving community.
ORDINANCE #34-2003 was read by Administrator Sample for the second time. AN ORDINANCE REQUIRING THAT A SITE DEVELOPMENT PLAN AND AN “AS-BUILT” PLAN BE SUBMITTED AND APPROVED FOR CERTAIN CONSTRUCTION AND DEVELOPMENT, PROVIDING PENALTIES FOR VIOLATIONS AND REPEALING ORDINANCE # 51-1973.
Mayor Evangelista wanted to interject a few comments at this time pertaining to Ordinance #36-2003. He said that over the last few years, improvements have been made to the downtown business district. Madison Village is currently listed as a Historical Site on the list at Washington D.C. They are working to build and maintain character and antiquity, which can be designed away through new construction. This design review board has been in the makings for almost two years. The Re-Max upgrades did not cause the design review board to suddenly exist as the newspapers had indicated. He would also like to correct an incorrect quote by him dated August 27, 2003. It stated he said, “Changes made at the ReMax building do not seem to fit with the historical look on Main Street.” When asked by a reporter he replied, “We appreciate the great work done by the ReMax building as with any improvement on Main Street.” He also said that he has had comments made to him by residents regarding the different style incorporated on the building. He continued to give a brief explanation for the reasoning of the Historic Preservation District. He asked Council to remove the clauses regulating landscaping and signs.
Mr. Toward stated that the ReMax building started the rebirth of the downtown area. He is grateful to the Sills for choosing Madison Village as their place of business. Mr. Toward would like to see the resurrection of the Merchants Association. He has a few suggestions like sidewalk sales, regular business hours established, window dressings, and perhaps a Christmas walk.
Mr. Buck feels there is misconception on the whole idea of the program. The Historic Preservation District would make sure the front of buildings being altered would be in character for the downtown district. They are not mandating what is done on the inside of the building.
Mr. Loparo feels the concern is that this board will have some kind of legislative capabilities. Council will and has acted in accordance of the wishes of the community.
Mr. Britton in concerned with the Main Street building fronts being kept nice.
Administrator Sample stated many things have been done to improve Main Street throughout the years. The Councils and Crews have done an excellent job of improvements in support of businesses in the Village. He gave an example of how the Historic Reservation District will be a positive issue. This Council recreated the Community Reinvestment Area to help the businesses with property taxes. He believes that over the last 30 days, this Historic Preservation District issue has been blown out of proportion. He believes this is the time to clear the air and get the correct information to the people that this is a positive intent.
Solicitor Murray commented that this legislation is patterned after the one from the City of Willoughby. He looked at others, but Willoughby seemed to fit mostly to the type of situation in the Village. The sign clause may be something that Council may want to remove because there already is a sign ordinance for the Village of Madison. As far as meetings, the legislation now calls for at least quarterly meetings. At this point they don’t know how often the Historical Preservation District will need to meet. There are provisions in it that the Mayor or anyone on the board can call a meeting. The sunshine laws govern notification of the newspapers for these meetings. Solicitor Murray stated that financial exemptions were not written into the ordinance because if they were, property owners could take advantage of them by setting up a corporation and funding it only to the extent of the exemption. The city of Willoughby had a number of empty buildings before this Ordinance came into place. Now, most of the business owners are glad to go to the Design Review Board to get helpful information on maintaining their properties as well as getting State or federal funding as necessary.
ORDINANCE #36-2003 was read by Administrator Sample for the third time. AN ORDINANCE ESTABLISHING THE HISTORIC PRESERVATION DISTRICT AND LISTED PROPERTIES FOR THE VILLAGE OF MADISON, OHIO, AND PROVIDING FOR THE ADMINISTRATION ENFORCEMENT AND AMENDMENT THEREOF, ALL FOR THE PURPOSE OF PROMOTING THE PUBLIC WEALTH, SAFETY, MORAL, COMFORT AND GENERAL WELFARE OF THE RESIDENTS OF THE VILLAGE. Mr. Toward motioned to table Ordinance #36-2003 until further research of the concerns spoken tonight can be done. Mr. Britton seconded. All present were in favor.
ORDINANCE #44-2003 was read by Administrator Sample for the second time. AN ORDINANCE AMENDING AMENDED ORDINANCE #46-1996 SECTION 6, SO AS TO MODIFY THE SEWER TAP-IN FEES FOR VARIOUS USES.
NEW BUSINESS
ORDINANCE #45-2003 was read by Administrator Sample for the first time. AN ORDINANCE PROVIDING FOR ADDITIONAL APPROPRIATIONS AND ADJUSTMENTS TO VARIOUS LINE ITEMS FOR THE CURRENT EXPENSES AND FOR OTHER EXPENDITURES OF THE VILLAGE OF MADISON, OHIO, FOR THE PERIOD BEGINNING JANUARY 1, 2003, TO AND INCLUDING DECEMBER 31, 2003, AND DECLARING AN EMERGENCY. Administrator Sample reviewed the modifications with Council. He noted there is a type written mistake made in the Fringe Benefit section. Mr. Loparo motioned to suspend the three reading rule from amended Ordinance #45-2003. Mr. Britton seconded. All present were in favor. Mr. Loparo motioned for passage of amended Ordinance #45-2003. Mr. Toward seconded. All present were in favor.
ORDINANCE #46-2003 was read by Administrator Sample for the first time. AN ORDINANCE ESTABLISHING A RELATED FACILITY CHARGE FOR CERTAIN SPECIFIED SANITARY SEWER CONNECTIONS RESULTING FROM THE PARKWAY LIFT STATION ABANDONMENT PROJECT.
ORDINANCE #47-2003 was read by Administrator Sample for the first time. AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR AND CLERK-TREASURER TO ENTER INTO AN AGREEMENT WITH NORTH AMERICAN SALT COMPANY TO PURCHASE ROAD SALT FOR WINTER MAINTENANCE FOR THE STREETS OF MADISON VILLAGE. Mr. Britton motioned to suspend the three reading rule. Mr. Smith seconded. All present were in favor. Mr. Britton motioned for passage of Ordinance #47-2003. Mr. Buck seconded. All present were in favor.
RESOLUTION #16-2003 was read by Administrator Sample. A RESOLUTION DESIGNATING OCTOBER 23 THROUGH OCTOBER 31, 2003 AS RED RIBBON WEEK. Mr. Britton motioned for passage of Resolution #16-2003. Mr. Smith seconded. All present were in favor.
RESOLUTION #17-2003 was read by Administrator Sample. A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR. Mr. Burgard motioned for passage of Resolution #17-2003. Mr. Smith seconded. All present were in favor.
Mr. Britton questioned the length of time the current trash collectors have been under contract with the Village. He is very dissatisfied with the performance of this company. Administrator Sample suggested they be invited to the next council meeting. Mr. Britton is also not satisfied with the recycling company although he realizes this is through the county. They are supposed to be in uniform with a safety vest and they are not.
Mr. Toward commented that he too has had garbage blowing all over his yard. He did, however, go to introduce himself to his new neighbors who were left with lots of garbage in their new home. The neighbors were not aware of the garbage situation with the Village and Mr. Toward gave them the phone number of the company. They did help them out and sent an extra truck one time for all the garbage left for the new neighbors. But, he stated that he has had other negative comments.
Mr. Smith announced that on September 17, 2003 would be the next fireboard workshop.
Mr. Loparo stated he is just as dissatisfied with World Resources. Waste Management went way beyond to provide services.
Mr. Buck commented how beautiful the Wall was. He also announced there is a new resteraunt coming to 70 West Main Street. It will be called Main Street Café and should be opened by October 15, 2003.
Mr. Burgard reiterated what everyone else said regarding the trash.
Engineer Foley reported there are a few new projects. They completed the review of the revised plans for the Middle Ridge Condominiums and it will be going to the Planning Commission at their next meeting. They are in the process of reviewing the development plans for the project adjacent to the YMCA. The construction of the Parkway Pump station is underway. Engineer Foley congratulated Mayor Evangelista and everyone involved with the Wall. He was quite impressed with it.
Chief Matty reported that on August 20, 2003 he attended an Emergency Management meeting in Ashtabula County that was hosted by O.D.O.T district 4, which governs Ashtabula. It pertained to the closure of I-90 due to emergencies. This would in turn affect Route 534 because Route 528 would be the alternate.
Chief Matty also commended the Mayor and committees that brought the Wall to Madison Village. The sight was spectacular.
On September 10, 2003 the Western Reserve Chapter of MADD held their annual awards. In 2002 Patrolman Ian Mussel was recognized as top officer for the department.
On September 24, 2003 the department will be hosting a Block Watch Meeting at Stratton Place at 7 pm. This is to explain to the residents how the Block Watch can be put together.
September 30, 2003 they will be hosting the annual Perry Nuclear Power Plant Standard Operating Procedure with fun games and prizes.
Administrator Sample reported that starting on October 6, 2003, they would be flushing the approximately 300 fire hydrants as an EPA requirement. The brush and leaf pickup flyers have been sent out. Also a required EPA consumer confidence report was sent with the brush flyers. During the last couple of weeks, the ditch has been cleaned. The field south of the Senior Center has been disked. He and the Chief are going to pursue the unlicensed vehicles throughout the community with citations.
Mayor Evangelista reported that on September 25, 2003 Chapel Florist would have its official opening.
Mr. Fike sent a thank you letter to the Mayor thanking Officer Svagerko for notifying him that the door of his Martial Arts Store was unlocked.
Mayor Evangelista notified Council that on September 22, 2003 Adelphia Cable would be making channel lineup changes.
Mayor Evangelista stated that it was definitely an honor to bring the 58,200 men and women to the Village to view the Wall for the few days it was here. There were almost 80 organizations involved with the Wall. The Village Crews were very helpful in taking care of the everyday problems that came up.
Some upcoming dates include: September 20, 2003 will be the Madison Cemetery Tour, September 24, 2003 will be the Block Watch Meeting, September 25, 2003 will be the next Mayor’s Court, and October 6, 2003 will be the next regular Council Meeting.
Administrator Sample wanted to address an issue Mr. Vest questioned. The one-acre of land that has no frontage, is the old sewer plant property. It is zoned M-1 industry. There is a bid on it for just over $18,000. He believes the intended purpose of the property is for a barrier for the adjoining property. This is not a build-able lot. Mayor Evangelista stated that there are some legal questions to be answered before they move forward.
Mr. Britton has a question regarding the sidewalk deterioration. Administrator Sample stated that they were given an entire palate of the material to fix those. The newer material was supposed to be better but it still is patchy.
Mr. Britton also made a motion for passage of Resolution #18-2003 supporting the November 4, 2003 election of a 1 mill-operating levy for the library. Mr. Smith seconded. All present were in favor.
Mr. Buck forgot to mention that he wanted to commend Officer Shannon for noticing that his buildings’ door was unlocked.
Mr. Smith motioned to adjourn to Executive Session with no further business conducted. Mr. Britton seconded. All present were in favor.
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