COUNCIL MINUTES

VILLAGE OF MADISON

Regular Meeting

September 17, 2007

 

 

Record of Proceedings

 

Mayor Evangelista called the meeting to order at 7:09 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, Mr. Bartlett, Mr. Hamercheck, Mr. Lee, Mr. Loparo and Mr. Vest were in attendance.  Also in attendance Mayor Mike Evangelista, Solicitor Mike Murray, Administrator Matt Zapp, Police Chief Mark Forsythe, and Engineer Ned Foley.  Fiscal Officer Brcak was excused.

 

Motion by Mr. Bartlett, seconded by Mr. Lee that the Minutes from the Regular Meeting of Council dated September 4, 2007 be approved as amended.  Amendment made by Mark Vest:  page 3, Council Reports, Councilman Vest – correction to Comprehensive Planning Meeting to read:  at Village Hall, not at County as originally drafted.  Roll call on the motion, 5 yeas, one abstain (Britton).  Motion carried.

 

Mayor Mike Evangelista presented Pay Ordinance No. 2144 totaling $28,356.65 for payroll and $42,848.08 for current and upcoming expenses.  Motion by Mr. Britton, seconded by Mr. Vest, to approve Pay Ordinance No. 2144.  Roll call on the motion, 6 yeas.  Motion carried.

 

Comments on Legislation

 

Gordon Musclow, 178 Willowbend: Regarding Resolution 23-2007.  Requested a little more detail to the Resolution Accepting Rates and Amounts.  Mayor Evangelista detailed the Resolution as this is a document provided from the County Budget Commission in acceptance of the inside millage that will be received in 2008.  The information is supplied through our submission of the Tax Budget and subsequent approval of the County Budget Commission.

 

Old Business

 

ORDINANCE NO. 38-2007 was read by Solicitor Murray, third reading.  AN ORDINANCE AMENDING MADISON VILLAGE CODIFIED ZONING ORDINANCE NO. 33-1996 AND ALL AMENDMENTS THERETO TO AMEND SECTIONS 18.2, 18.3.1 REGARDING DISTRICT CHANGES AND THE FEE SCHEDULE.

 

Councilman Bartlett requested clarification of the changes for the newcomers in the audience.

 

Solicitor Murray reported that the fee schedule change being proposed is the first increase since 1996.  The additional fees proposed will offset the Village’s expenses in postage, hearings, and other expenses incurred in the process of zoning hearings and process.

 

Motion by Mr. Vest, seconded by Mr. Bartlett that Ordinance 38-2007 be approved.  Roll call on the motion 6 yeas.  Motion Carried

 

 

New Business

 

ORDINANCE 39-2007 was read by Solicitor Murray, first reading.  AN ORDINANCE PROVIDING FOR ADJUSTMENTS TO VARIOUS LINE ITEMS FOR THE CURRENT EXPENSES AND FOR OTHER EXPENDIURES OF THE VILLAGE OF MADISON, OHIO, FOR THE PERIOD BEGINNING JANUARY 1, 2007, TO AND INCLUDING DECEMBER 31, 2007, AND DECLARING AN EMERGENCY.  It was questioned if there was a time issue associated to this Ordinance.  Administrator Zapp was not aware of any.

 

Chief Forsythe requested that the Ordinance be approved as soon as possible, as it will support the training of a part time officer for the Safety Department.

 

Councilman Bartlett reviewed open action items that were established in prior Budget Committee meetings, and if these items regarding the officer training were completed during his absence in July and August?  The two action items were for the Chief to review his Budget and look for available dollars to support part time officer training, and to compile a list of full and part time officers, and their respective phone numbers, who had left the Village.  Chief Forsythe confirmed that the list had been compiled and Fiscal Officer Brcak looked up as many of the phone numbers that were available.  Councilman Bartlett asked if contacts had been made with any of the officers to see if they would be interested in returning.  Chief Forsythe stated that he had made no contacts.  Councilman Vest stated that he did have list, and had passed it to Councilman Lee.  Councilman Lee stated that he had not made contact with any of the previous officers.  Councilman Hamercheck stated that this was an administrative function and the Chief should make the contacts.  Councilman Bartlett asked if the Safety Committee was aware and had discussed this issue in any of its meetings, as there is no question that the funding is available.  He requested that the Safety Committee discuss this item prior to Council passage of the Ordinance.

 

Councilman Loparo stated that this is a community safety issue.  Chief Forsythe has demonstrated the availability of funds within his budget, and this is now a need for general public safety.

 

Councilman Vest stated that the $3,000 transfer is for training of a part time officer.  The question is not the $3,000, but can the budget support an additional part time officer long term?  Chief Forsythe answered that the additional part time officer will alleviate overtime currently being served by full time officers, due to shortage of manpower.

 

Councilman Lee reported that the part time officer wage’s of $74,000 for the year is running at 62% as of the end of August 2007.  This is under budget by approximately 5% of the anticipated 67% run rate.  He would support the transfer of funds as requested, and that this could be passed at its second reading.

 

Councilman Hamercheck stated that the $3,000 savings was due to a contract reduction from our LEADS contract for this year.  It is still early in the year, and we are not aware of other unanticipated expenses that may require use of these funds.  Council should wait until closer to year end to consider this transfer

 

Councilman Loparo continued that this is part of the Safety Department Budget.  The Department is not requesting additional funds, and is running under budget to date.  The funds belong to the Safety Department and should be spent on Safety now.

 

Councilman Lee requested that Council allow this to be the first reading.  No action.

 

ORDINANCE 40-2007 was read by Solicitor Murray, first reading.  AN ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE SENIOR CENTER OPERATING FUND AND DECLARING AN EMERGENCY.  Councilman Loparo asked for further explanation.  Mayor Evangelista reported that this is an operational transfer to the Senior Center Operating Fund to support Madison Village’s share of the Senior Center funding support.  The transfer of funds is part of the approved appropriations and supports our 30% of operations.

 

RESOLUTION 23-2007 was read by Solicitor Murray, first reading.  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.   Solicitor Murray explained that this document comes as a Resolution from the County Budget Commission, but would require the three reading rule for approval.

 

Mayor Evangelista was unsure of a time deadline.   Administrator Zapp stated that the copy being on yellow paper meant that yellow was the only legal paper, as the office did not have white.

 

Councilman Vest stated the Fiscal Officer thoroughly explained this item in her report at our last meeting. 

 

Administrator Zapp stated that the Fiscal Officer had resigned, and they were trying to do the best they could under the conditions.  Councilman Hamercheck stated that the Fiscal Office is still on payroll and working for the Village.

 

Council Bartlett reviewed the Fiscal Officer’s update for the past week.  It was the recommendation of the Fiscal Officer that Council approve the Resolution, as the County was giving the Village more money than what we requested in the 2008 Tax Budget.  At this point, Councilman Lee reverted back to the minutes from the September 4, 2007 meeting and read the Fiscal Officer’s Report as recorded on page 4 of the minutes.  The County determines the amounts and rates, and is providing the full 2 mills of inside millage, which will give the Village approximately $8,000 more in revenue in 2008.

 

Motion by Mr. Vest, seconded by Mr. Britton to suspend the three reading rule.  Roll call on the motion, 6 yeas.  Motion Carried

 

Motion by Mr. Lee seconded by Mr. Britton, third by Mr. Bartlett that Resolution 23-2007 be approved.  Roll call on motion, 6 yeas.  Motion Carried.

 

 

 

 

 

RESOLUTION 24-2007 was read by Solicitor Murray.  A RESOLUTION DESIGNATING OCTOBER 21 THROUGH OCTOBER 28, 2007 AS RED RIBBON WEEK.   Motion by Mr. Britton, seconded by Mr. Loparo for approval of Resolution 24-2007.  Roll call on the motion, 6 yeas.  Motion Carried

 

Hearing of the Public

 

Jack Lading, 603 W. Main St.: Council was asked to consider moving the Visitor’s portion of the agenda to the end of the agenda following Council Reports.  This would allow for comments from visitors on items in Council Member’s reports.  At the last meeting, areas regarding the Senior Center were brought up, and these were not first time items to Council.  Visitors could not make comments on those areas until the next meeting.

 

Kathy Lynn, 209 West Main St:  The Fiscal Officer gave sufficient notice to Council of her resignation and medical leave.  It is not right that Council blames her for areas unknown at the meeting.  To the best of her knowledge the Fiscal Officer is still working from home during her recovery.  She has earned the respect of Council

 

In the areas of Safety:  Why did the Village Police Department not participate in the Emergency Drill and Training at the Nuclear Plant.  The Chief stated that he could not attend due to other obligations.  Mrs. Lynn also asked for a status update of the four break-ins in the Village.  Solicitor Murray stated that they were still under investigation and could not be discussed.

 

Mrs. Lynn addressed the Chief’s recent performance evaluation.  It was recommended in the evaluation that the Chief attend communication classes this year and join the Lake County Chief’s Association and attend 60% of the meetings.  Has any of this been done to date?  The Chief state he has not been able to attend due to other obligations.  The Mayor has provided brochures for his consideration.

 

Jeanine Hathaway, 215 W. Parkway:  Asked that Council look closely at the budget.  Once officers are trained they move on to better opportunities.  She stated that she does not feel safe in the Village.

 

JoAnn Dzopko, 1080 Edgewood (Township):  Addressed Council regarding activities of the Senior Center and Director Burguard.  After the last meeting she sent through a public records request that was answered by Fiscal Officer Brcak.  Being that the fiscal officer is working and recovering from home, she can not make the documents available until she returns.  Mrs. Dzopko expressed concern that no one else can help out with information and what will happen to the Village when the Fiscal Office is gone.  The Mayor will contact the Fiscal Officer to see what parts of the request they can get together.  Mrs. Dzopko also requested additional information on the $10,000 in new programs that was received from the Senior Levy Funds.  What new programs will be put into place?  Councilman Britton asked that the original Ordinance setting the 70%/30% shared funding responsibility also be forwarded to Mrs. Dzopko.

 

Mark Bayshore, 205 Manchester: Earlier this evening there was a hearing regarding a zoning issue, does this mean new business to Madison?  Administrator Zapp responded that there was a BZA Hearing held prior to the Council Meeting.  Kevin Moore requested appeal on behalf of the property located at 65 North Lake St.  This will allow for the removal of the existing structure and construction of a 4,400 square foot building at that location.

 

Council Reports

 

Mr. Lee:  The next Budget Meeting will be held on Monday, October 1st at 4:00 p.m.  Council will have the latest budget document mailed out to them for that meeting.  Administrator Zapp has done a good job in working on the budget document.  It was requested that the Chief of Police be in attendance and that the number of full and part time officers be made available.

 

Mr. Bartlett:  Recommended that the Budget Documents be updated with appropriate Version numbers.  The latest version should be Version #3.  In other business, the Senior Center will be holding a Clambake on Sunday September 23rd at 2:00 p.m. The public is encouraged to attend.

 

 

Mr. Loparo:  Upcoming Meetings:

 

·        Fire District – September 19, 2007

 

To address comments -

-         The job description of the Senior Center Director is outlined in the bylaws of the Senior Center.  The bylaws is a document approved by both the Village and the Township.

-         To Mr. Lading – He encourages Mrs. Dzopko to be involved in the planning activities of the Senior Center and to attend the meetings.  This way she would have input on new programs for the center.

 

Mr. Vest:  Upcoming Meetings –

                       

·        October 22, 2007 – Planning Commission Meeting.  Work will be done on Project

R-5.

 

To address comments –

 

 - Ms. Hathaway regarding officer training – we could look into the means of a time reimbursement agreement on training.  An officer would be required to serve a number of hours to support our expense, or they would have to pay the Village if they did not stay.  Solicitor Murray will re-address.

 

-         Mrs. Dzopko:  The Senior Center Director job description is outlined within the bylaws.

 

Mr. Hamercheck:  Will not allow Fiscal Officer Brcak to be used as a scapegoat.  As Fiscal Officer she demonstrated exemplary skills during her employment with the Village.

 

In other business.  The Federal Emergency Management Agency requires drills and training of the Perry Nuclear Plant as part of the licensing requirements.  We need to participate in the training programs and not jeopardize the licensing that they are required to hold.  And as a Council, we need to be more sensitive to the needs of public.  We are lacking in our interpersonal skills down through Administration. The “that is your opinion” responses to the public needs to stop.

 

 

Engineer’s Report

 

Engineer Ned Foley reported that the final seal coating is pending at the Senior Center.  Councilman Britton asked how many additional parking spaces were gained through the paving project.  Engineer Foley reported that the project was limited by a number of trees on the sight.  By widening the area to add parking in front of the doors at the center, they were able to gain 18 additional parking spaces. 

 

Safety Report

 

Chief Forsythe handed out reports of the UCR stats from January through September 2007.  Councilman Vest commented that larceny appeared to be the largest.  He also questioned what the term “other” would consist of. 

 

The Chief also reported a Ford F150 was auctioned earlier in the month and brought in an additional $1170 to the Law Enforcement Trust funds.   A special thank you to people who dropped off cakes and cookies for the officers on 9/11. 

 

The Chief updated that the problem in keeping part time officers is their inability to commit to the minimum hours of work.  An auxiliary officer is required to work 96 hours a year, or 8 hours per month.  A part time officer is required to work 16 hours per month, which is two, eight hour days.

 

Councilman Hamercheck asked Chief Forsythe why he could not attend the drill at the Perry Nuclear Plant, and was he aware of who hosted these events.

 

Administrator’s Report

 

Administrator Matt Zapp updated that the Safford Street paving project has been completed to the extent approved by FEMA.  He is working with Engineer Foley to get additional funding in the area of $485,000 to $500,000 to complete the road for the residents.

 

The Senior Center parking lot is being seal coated which will complete that project.  In addition the electric at the pavilion is connected and working, which completes that project.  Bids are currently being solicited for snowplowing of the Senior Center for the upcoming winter season.

 

Fiscal Officer Report

 

Mayor Evangelista reported that he spoken to Fiscal Officer Brcak prior to the meeting tonight.  She is recovering at home and doing well.  The final Real Estate Settlement and Assessments have been received from the County Auditor for this year.  The funds received are above what was anticipated for the year.

 

Mayor’s Report

 

The Mayor reported that the County Waste District is accepting old phone books at the Madison Giant Eagle through October 26th.

 

 

 

Birthdays and anniversaries for the month of October were announced

 

Upcoming Meetings –

 

·        September 22, 2007 – Market in the Park

·        September 26 – Block Watch Meeting

·        October 1 – 4:00 p.m. – Budget Committee Meeting

                 -  7:00p.m. – Council Meeting

 

Motion by Mr. Britton, seconded by Mr. Vest, that Council set Trick or Treating in the Village and celebration of Halloween as from 6:00 to 8:00 p.m. on October 31, 2007.  Roll call on the motion, 5 yeas (Britton, Vest. Hamercheck, Bartlett and Lee), 1 nay, Loparo.  Motion carried.

 

Motion by Mr. Lee, seconded by Mr. Bartlett to enter into Executive Session at 8:45 p.m., for matters of personnel pertaining to the Fiscal Officer and replacement, the Senior Center, and Safety personnel and the Chief, roll call 6 yeas.  Motion carried.

 

Council reconvened to Public Session at 11:02 p.m.

 

Motion by Mr. Vest seconded by Mr. Bartlett that the meeting be adjourned at 11:02 p.m., roll call 6 yeas, Motion carried.  Meeting Adjourned.

 

 

                                                                                                                        __                               

Brenda M. Brcak, Fiscal Officer                                        Michael J. Evangelista, Mayor                     DATE

 

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