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COUNCIL MINUTES VILLAGE OF MADISON Regular Meeting September 5, 2006
Record of Proceedings
Mayor Evangelista called the meeting to order at 7:02 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. Hamercheck, Mr. Lee, Mr. Loparo and Mr. Vest were present. Also in attendance, Mayor Evangelista, Administrator Zapp, Solicitor Murray, Police Chief Forsythe, and Engineer Foley.
Motion by Mr. Britton, seconded by Mr. Vest, to approve the minutes of the regular meeting of August 21, 2006, as presented. Roll call on the motion, 5 yeas. Motion carried. Motion by Mr. Hamercheck, seconded by Mr. Britton, to approve the minutes of the special meeting of August 29, 2006, as presented. Roll call on the motion, 5 yeas. Motion carried.
Pay Ordinance No. 2119 totaling $35,361.07 for payroll and $39,571.34 for current and upcoming expenses. Motion by Mr. Britton, seconded by Mr. Lee, to approve Pay Ordinance No. 2119. Roll call on the motion, 5 yeas. Motion carried.
Mayor Evangelista gave an update on recent events involving Officer O’Leary. Mayor Evangelista said that he was informed on August 28, 2006, that driver licenses were discovered at Officer O’Leary’s residence as a result of a domestic disturbance call on August 20, 2006, by the Lake County Sheriff’s Office. The licenses were collected by Officer O’Leary over a two year period from traffic stops. Officer O’Leary said that it was an oversight and that he was going to turn them in. Mayor Evangelista said that he requested an investigation and Officer O’Leary was put on five days unpaid leave and corrective action was taken for the daily procedures. Mayor Evangelista said that the investigation is on-going and now focused on determining there was no criminal intent and that there is no attempt to make the situation any less serious. Solicitor Murray said that there was an investigation to determine the officer’s intention and that from the information available to date is that Officer O’Leary did not intend to take the licenses and that they were left in his uniform pocket. What he should have done is to bring the licenses back immediately. The evidence is that there was no criminal intent; Officer O’Leary was reprimanded for not taking corrective action regarding the licenses. Chief Forsythe echoed Mayor Evangelista and Solicitor Murray’s comments. Chief Forsythe read a letter from Officer O’Leary taking responsibility for his actions that included an apology and acceptance of punishment.
VISITORS
Larry Larson, 239 West Main Street, expressed concern about Officer O’Leary’s actions and said that he isn’t comfortable with the investigation by Madison Village Police Department and said an outside agency should hold an investigation.
Beth Blakesmith, 752 Dawn, thanked Administrator Zapp for inspecting the water problems and assessing the drainage problems.
She asked if American International has been contacted for there role in solving the drainage issues and if there are is any type of ordinance stating the homeowner’s responsibility for maintaining culverts under driveways. Beth Blakesmith also asked when American International should have seeded the area and who was responsible for making sure it was done. Administrator Zapp said that he is working with American International and Engineer Foley to determine where their responsibility ends and begins and whether their new development is affecting the old section of Parkway. He added that the standard policy and procedure is that homeowner is responsible for the culvert that goes under their driveway. He added that he will take responsibility for not contacting American International sooner regarding the seeding.
Susan Quayle, 715 W. Main Street, asked if Chief Forsythe was the only individual involved in making the decision to put Officer O’Leary on five days unpaid leave. Mayor Evangelista said that he was also involved in that decision. She also expressed concerns about Officer O’Leary still working if it the Village doesn’t know for a fact that there was no criminal activity by Officer O’Leary. Mayor Evangelista said that the Village is investigating every incident and will make more strict sanctions if needed.
Larry Dowler, 161 River Street, expressed concerns about Officer O’Leary’s actions and asked why an officer would put a license in his pocket. He asked if there is procedure in place for traffic stops. Solicitor Murray said that are some situations that an Officer will keep a license.
Kathy Lynn, 209 W. Main Street, said that there is a place on a ticket to mark if the license is confiscated and asked if anyone checks them. Chief Forsythe said that a lot of times, all of the boxes aren’t checked. And that the Clerk reviews the tickets and he reviews the reports. Kathy Lynn also said that an impartial persons(s) should be investigating the O’Leary incident. She also asked if Officer O’Leary was called in on the weekend to make up for his unpaid off. Chief Forsythe answered no.
Mr. Loparo arrived at 7:30 p.m.
Jack Lading, 603 W. Main Street, said that in his opinion, everyone would have more trust if the investigation regarding Officer O’Leary was handled by an outside and impartial agency. Kim Mock, 420 River Street, said that she has had her identity stolen and expressed concerns about an officer having people’s licenses. She also suggested the Officer O’Leary’s computer reviewed and monitored because this could be a liability issue for the Village.
Maureen Smith, 279 Kim Drive, expressed concerns about Officer O’Leary’s actions. She added that twenty licenses are too many and that seeing them everyday should have reminded him to turn them in. Maureen Smith also said that something in the current checks and balances procedure is lacking if something like this can happen and that in order to be objective and outsider should be conducting the investigation. Maureen Smith also asked how often the Department computers are monitored. Solicitor Murray informed everyone that under the Ohio revised Code (ORC), the discipline of officers fall to the Police Chief.
Nancy Mantey, 6 Appaloosa Trail, expressed concerns about Officer O’Leary being on patrol so soon after returning to work.
NEW BUSINESS
ORDINANCE NO. 57-2006 was read by Solicitor Murray, first reading. AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CHIEF OF POLICE TO ENTER INTO AN AGREEMENT WITH THE LAKE COUNTY BOARD OF COMMISSIONERS ON BEHALF OF THE LAKE COUNTY SHERIFF’S - CENTRAL COMMUNICATIONS DEPARTMENT FOR CENTRAL DISPATCH AND COMMUNICATION SERVICES FOR THE MADISON VILLAGE POLICE DEPARTMENT EFFECTIVE OFCOTBER 1, 2006 TO OCTOBER 1, 2009, AND DECLARING AN EMERGENCY Motion by Mr. Loparo, seconded by Mr. Britton, to suspend the three reading rule for Ordinance No. 57-2006. Mr. Hamercheck said that this doesn’t qualify as an emergency and requested better time management and scheduling regarding legislation. Mr. Loparo said that there isn’t any reason to clutter the agenda with items that are simple administrative changes. Mr. Britton asked if this is renewal and what the increase is. Chief Forsythe said yes and that it is three percent. Roll call on the motion, 4 yeas and 1 nay (Lee). Motion failed.
ORDINANCE NO. 58-2006 was read by Solicitor Murray, first reading. AN ORDINANCE PROVIDING FOR SUPPLEMENTAL 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, 2006, TO AND INCLUDING DECEMBER 31, 2006, AND DECLARING AN EMERGENCY. Administrator Zapp explained that ordinance 58-2006 is to appropriate the reimbursement funds from FEMA and all of the required documentation will be forwarded to the Lake County Auditor. Motion by Mr. Vest, seconded by Mr. Hamercheck, to suspend the three reading rule for Ordinance No. 58-2006. Roll call on the motion, 5 yeas. Motion passed. Motion by Mr. Vest, seconded by Mr. Lee, to approve Ordinance No. 58-2006. Roll call, 5 yeas. Ordinance No. 58-2006 duly approved.
ORDINANCE NO. 53-2006 was read by Solicitor Murray, first reading. AN ORDINANCE TO ESTABLISH A FEDERAL EMERGENCY MANAGEMENT AGENCY FUND FOR THE PURPOSE OF EMERGENCY RELIEF, AND DECLARING AN EMERGENCY Motion by Mr. Loparo, seconded by Mr. Britton, to suspend the three reading rule for Ordinance No. 53-2006. Roll call on the motion, 5 yeas. Motion passed. Motion by Mr. Loparo, seconded by Mr. Vest, to approve Ordinance No. 53-2006. Roll call, 5 yeas. Ordinance No. 53-2006 duly approved.
RESOLUTION NO. 24-2006 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. Motion by Mr. Loparo, seconded by Mr. Lee, to approve Resolution No. 24-2006. Roll call, 5 yeas. Resolution No. 24-2006 duly approved.
RESOLUTION NO. 25-2006 was read by Solicitor Murray, first reading. A RESOLUTION DESIGNATING OCTOBER 23 – 31, 2006 AS RED RIBBON WEEK.
Motion by Mr. Loparo, seconded by Mr. Hamercheck, to approve Resolution No. 25-2006. Roll call, 5 yeas. Resolution No. 25-2006 duly approved.
QUESTION & ANSWERS
None
COUNCIL REPORTS
Mr. Britton said that John Pasquarelli donated $200.00 on behalf of the Odd Fellows Lodge #57 for the flood victims.
Mr. Hamercheck said that the Recreation Board is compiling questionnaires regarding the possibility of a recreation facility in the Madison area someday. He also said that the Recreation Board meetings are held on the fourth Thursday of every month. Mr. Hamercheck said that during the parkway Pump station abandonment project many large trucks came through the area and turned around in resident’s driveways, one resident reported a collapsed culvert and was told it was the homeowner’s responsibility. Mr. Hamercheck asked who would be responsible for the repair in that situation. Engineer Foley said that if the collapse was clearly a result of the construction work, the responsibility would fall to the contractor. He added that he wasn’t aware of any problems at that time and that it is probably too late to go back on the contractor now. Mr. Hamercheck requested something in writing detailing what the responsibilities, rights and obligations of the Safety Committee. Mayor Evangelista said that the Safety Committee started as a small committee and with the growth of the department all of Council wanted to be involved so the committee was enlarged to include all of Council. He added that it could probably go back to being a small committee. Mr. Hamercheck asked if a committee member has the authority to request any and all information regarding operations in the Police Department. Solicitor Murray explained that under the ORC, the Mayor and the Chief are in charge of the Police Department, the Safety Committee can make recommendations but the Mayor may choose to ignore them and impose his own. He added that he would have to research to see if Council can pass legislation giving the safety Committee more power.
Mr. Vest asked for clarification regarding requesting information from the Police Chief. Solicitor Murray said that if it is public information it would be available and that member’s access to information is no greater than the public’s. Mr. Vest also asked for clarification regarding the Mayor accepting or denying committee recommendations unless Council legislates otherwise. Solicitor Murray said that it would be in a situation where the Safety Committee was going to given some type of authority to make rulings. Mr. Vest reported that the Planning Commission is working on redoing the text. Mr. Vest also thanked John Pasquarelli for the donation from the Odd fellows. He also thanked Mrs. Haines, Jack lading and all other area residents for their help to the flood victims. Mr. Vest also said that he agrees with Maureen Smith about monitoring Village computers and has requested that be done in the past.
Mr. Hamercheck asked for clarification on the authority of Council/Safety Committee members. Solicitor Murray said that as a general rule, Council doesn’t have any greater access to information than anyone else. Election as a Council man doesn’t give any particular ability to handle what is under the Mayor’s discretion.
Mr. Loparo explained that he was late because he was in contract negotiations with the part time firefighters. Mr. Loparo asked if any information gathered from the O’Leary incident will be forwarded to the Lake County Prosecutor. Mayor Evangelista explained that the Lake County Prosecutor’s Office said that the matter is out of their jurisdiction. Mr. Loparo reported that the next Fire Board meeting is on September 20, 2006. Mr. Loparo also made a public apology to Ken Takacs for his comments at the last meeting.
Mr. Lee reported that there is a Budget Committee meeting on September 11, 2006, at 4:30
ENGINEER’S REPORT
No report.
SAFETY REPORT
No report.
ADMINISTRATOR’S REPORT
Administrator Zapp reported the following:
Mayor Evangelista said that at the FEMA meeting the representative was floored that Madison had the paperwork completed and that Administrator Zapp should also be credited.
MAYOR’S REPORT
Mayor Evangelista requested the Council consider changing the Village Council meeting dates for discussion at a later date. Mayor Evangelista also reported that the Records Commission will be moving ahead to work on a records destruction and reduction policy.
Mayor Evangelista reported the following dates:
Concerts in the Park September 7, 2006 Madison High School Football September 8, 2006 Cruise Ins in the Park September 12, 2006 Council Executive Session September 13, 2006 Concerts in the Park September 14, 2006 Council Executive Session September 15, 2006 Market in the Park September 16, 2006 Madison Village Council September 18, 2006 Mayor’s Court September 21, 2006 Planning Commission September 25, 2006 Board of Zoning Appeals September 26, 2006 Neighborhood Watch September 27, 2006 Merchant’s Association September 29, 2006
Mr. Britton informed everyone that he will be out of town on Saturday and Sunday and that Mayor will be out of town starting Saturday, September 9, 2006, and that Mr. Loparo will be in charge.
Motion by Mr. Hamercheck, seconded by Mr. Lee, for executive session for legal and personnel. Roll call, 5 yeas. Motion carried. Mayor Evangelista informed everyone that there will be a ten minute recess and that there will be no business afterward. Mayor Evangelista called the meeting to order at 9:38 p.m. Council Members Mr. Britton, Mr. Hamercheck, Mr. Lee, Mr. Loparo and Mr. Vest were present. Also in attendance, Mayor Evangelista and Solicitor Murray.
Motion by Mr. Britton, seconded by Mr. Lee, to adjourn at 9:40 p.m. Roll call, 5 yeas. Motion carried.
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