MADISON
TOWNSHIP BOARD OF TRUSTEES REGULAR
July 12th, 2011 at
7:00PM
The meeting was called to order by Chairman Bill Brotzman with the following
people present: Mr. Anderson, Mr. Wayman, Mr. Advey, Chief Del Calzo, Mrs.
Gerred-Ditchcreek and Township Solicitor, Ron Graham.
The Board and audience observed a “Moment of Silence.”
Mr. Brotzman wished to remember several
people, Dick Stewart who passed away last month, he owned the County Line
wrecking business for many years and a 1958 graduate of MHS. Elizabeth “Beth”
Green who was 47 years old, Irene Britton who was 102 and is Sam Britton’s
grandmother, and a woman who didn’t live in Madison a long time but was born in
Unionville in 1911, Leona Smith.
Mr. Anderson
presented a motion to approve the minutes of the June 14th, 2011
Regular Meeting. Mr. Wayman seconded. Roll Call: All Ayes
Mr. Wayman presented
a motion to approve:
Bill Lists in the
amounts of: $50,796.59 Actual amount from June 28th,
2011 (attached and made part of the minutes);
$69,155.99 Actual amount from July 12th, 2011
(attached and made part of the minutes);
$60,000.00 Estimated for July 29th, 2011
Payroll in the
amounts of:
$78,182.04 Actual amount from July 1st, 2011;
$78,254.13 Actual amount for July 15th, 2011;
$78,270.00 Estimated amount for July 29th, 2011
Mr. Anderson
seconded. Roll Call: All Ayes
Mr. Brotzman
welcomed the audience to the meeting.
CITIZENS COMMENTS:
Charles Anderson, 1697 Bathgate, discussed the flooding issues that they spoke
about at a previous meeting. He asked Mr. Advey if his previous suggestion of
installing another pipe and trunk line with a 36” main if that will be enough to
take on their water issues as well as the water issues that the residents on
Watling Way are having. Mr. Advey stated that it should be sufficient, that
there are no guarantees, but he feels confident it should. Mr. Anderson asked
for a timeframe. Mr. Advey stated that the project may start in thirty to
forty-five days. Mr. Anderson thanked Mr. Advey and Mr. Brotzman thanked Mr.
Anderson.
Joseph Rinyo, has
been a resident of Madison for fifty years and would like to commend the Police
Chief for what assisting him earlier in the year. The Chief stated that he is
glad to see Mr. Rinyo was doing better.
Bruce Kimball, Sands Trailer Park resident, addressed Mr. Graham regarding a
zoning meeting he went to on June 13th, 2011 and presented different
documents on sands trailer park. Noting that sands has a zoning permit for a
mobile home park, Mr. Kimball provided them a description that he obtained from
the deed book outlining what a mobile home park is, what belongs in a park, and
what a mobile home is. He stated that there are four RVs that have been at the
park illegally. He stated that Mr. Graham told him that this is a Health
Department issue. He stated that he was directed to ORC 3701.26 but that this is
in reference to an RV camp and the correct section is 3701.27, which refers to
mobile home parks. He questioned why Mr. Graham was not enforcing the zoning
permits issued by Madison Township. He also commented on another issue of there
being several vehicles, two of which are junk vehicles for sale in the front of
the park. He stated that he asked Mr. Klco about it who told him he passed the
information on to Mr. Graham. He stated that as of today those two vehicles are
still there. Mr. Kimball asked why the zoning is not being enforced. Mr.
Brotzman stated that Mr. Graham will address the first issue and that noted that
Mr. Klco stated that he issued a notification to the owner.
Mr. Graham stated that Mr. Klco forwarded the information he received from Mr.
Kimball at the zoning meeting. Mr. Graham stated that he reviewed the documents
and that one of the problems that Mr. Kimball keeps missing is that, under the
Ohio Revised Code, Sands must apply for a license to operate a mobile home park
with the Lake County General Health District. He stated that he notified the
Lake County General Health District of the RVs and they stated that they are
okay with it and they can have up to five. Mr. Graham stated that this is why he
is not getting involved in this situation. He stated that ORC always trumps
local zoning regulations and they must obtain a license from the General Health
District who can revoke the license at any time. He added that he explained to
Mr. Kimball that they would assist them at that time. Mr. Graham stated they
have a license and are in compliance according to the General Health District
and if Mr. Kimball doesn’t like that answer he needs to go back to the General
Health District, which Mr. Graham doesn’t think he has. Mr. Kimball stated that
he has been back there and had a meeting with Nancy at the Health District, and
noted that Mr. Graham’s facts are not accurate and he stated that this is a
zoning issue. He referred to the Ohio Revised Code section 3733, which pertains
to mobile homes, and noted a section of it that reads local municipalities have
the authority to make zoning laws the general health district has the ability to
write safety health and environment. He stated that this is not in either one of
those categories. He stated this is a zoning issue and noted that before a
license is issued you have to go to the Zoning Board to get a Zoning Permit for
that particular land use, then you take that to the Health District and they
approve the plans. He noted that when they approve a license every year, they
don’t check to see what zoning the park has. He stated that he took the time to
check with the Health District and to read the Ohio Revised Code 3733 and the
laws that the Health Department was supposed to have told the Zoning Inspector
regarding 3701-26. He stated to Mr. Graham that if he reads those two, he will
see that they are two different things and don’t belong in the same place. Mr.
Brotzman asked if Mr. Graham wanted to respond to anymore of the issues and Mr.
Graham stated that he wished to point out that Mr. Kimball brought up about a
municipality, he stated the Township is not a municipality and therefore the
licensing procedure is being followed as far as he is concerned and this issue
is closed. Mr. Brotzman then asked if his colleagues would like to comment on
the matter, he then stated that he would like to comment on this matter but he
has too many conflicts of interest so he will not comment. Mr. Kimball asked Mr.
Brotzman why he will not comment on a park issue, Mr. Brotzman stated that he
has too many conflicts of interest in that if his name is on the deed at one of
the homes there, and he has done work for this owner, and if he is an in-law of
the owner then he cannot comment on this issue. Mr. Brotzman thanked Mr. Kimball
for his comments.
RESOLUTIONS:
Mr. Anderson presented a
motion to approve Resolution #11-070
a Resolution certifying clean up costs on listed properties totaling $1,124.78.
Mr. Wayman seconded. Mr. Wayman asked Mr. Graham how successful the Township is
in collecting this money. Mr. Graham stated that the amounts are put on the tax
duplicate and he hasn’t foreclosed on anyone to get it but that it may be the
only option and he stated he didn’t’ feel we had been able to collect any of the
money at this juncture. Mr. Advey and Mrs. Gerred-Ditchcreek stated that we have
received some monies, but were unsure how much. Mr. Brotzman asked if it is
realistic to think the Township would receive all of the money. Mr. Advey stated
that he feels it is realistic to think we would receive the majority of it. Roll
Call:
All Ayes
Mr. Wayman presented a motion
to approve Resolution #11-071 a
Resolution Accepting $5,250.00 from Public Entity Risk Services of Ohio, Inc.
(PERSO) for damages from the fallen tree on the Banquet Hall at Stanton Park.
Mr. Anderson seconded. Roll Call:
All Ayes
Mr. Anderson presented a
motion to approve Resolution #11-072
a Resolution approving the Tax Budget. Mr. Wayman seconded. Roll Call:
All Ayes
Mr. Wayman presented a
motion to approve Resolution #11-073
a Resolution Accepting $8,034.68 from NOPEC for Administration Building Energy
Savings Project. Mr. Anderson seconded. Roll Call:
All Ayes
ADMINISTRATION
POLICE DEPARTMENT:
Chief Del Calzo requested a motion to approve the Lake County contract for the
backbone radio system. Chief Del Calzo reminded the Board that he wrote a letter
to the Commissioners in April stating that he felt Madison Township was being
charged a disproportionate amount for the costs of the backbone system. Chief
Del Calzo & Mr. Advey met with Paul Stefanko, from Communications, a few weeks
ago and the County did see that our cost was higher than it should have been.
Based on that, Madison Township was given approximately a twenty-two percent
(22%) reduction in the costs. The Chief stated that he recommends entering into
the contract and stated that he still has some reservations and noted that he is
not happy with what Kirtland Hills is being charged at $4,400.00 for the service
and they were within 3,000 calls of Madison Township’s number of calls. He also
noted that for many years Madison was told that they had to pay towards the
backbone because Madison Township had their own Police Department, despite the
fact that having our own Police Department has saved the County millions of
dollars. He added that recently the Sheriff has found himself in the position
where he no longer has the funding to provide patrol for the other Townships, so
he is asking them to pass levies to provide patrol for those Townships. The
Chief stated that he finds it interesting that those same Townships are not
being charged for their portion of the backbone costs. He then stated that
furthering this argument is only going to turn it into a political bone of
contention, which will not serve any good purpose. He added that it is his hope
that the same people who pressured him into signing this agreement will be the
same people pressuring the County should the radio system not work correctly
when it is upgraded.
Mr. Anderson presented a motion to approve the Lake County contract for the
backbone radio system. Mr. Wayman seconded. Roll Call: All Ayes
Chief Del Calzo requested a motion to approve the 2011-2012 SRO Contract for the
Madison School District. Mr. Wayman presented a motion to approve the 2011-2012
SRO Contract for the Madison School District. Mr. Anderson seconded. Roll Call:
All Ayes
Chief Del Calzo requested a motion to accept the resignation of part time police
officer Michael Tobie. Mr. Anderson presented a motion to accept the resignation
of part time police officer Michael Tobie. Mr. Wayman seconded. Roll Call: All
Ayes
Chief Del Calzo requested a motion to accept the resignation of part time
dispatcher Bob Weiss. Mr. Wayman presented a motion to accept the resignation of
part time police officer Bob Weiss. Mr. Anderson seconded. Roll Call: All Ayes
Chief Del Calzo requested a motion to approve the hiring of two part time
dispatchers, one being Todd Baker, a Madison firefighter, at a starting rate of
$15.00 per hour. Chief Del Calzo was unsure of that amount and would check on it
for the Board. Mr. Wayman presented a motion to approve the hiring of Todd
Baker. Mr. Anderson seconded. Roll Call: All Ayes
Chief Del Calzo requested a motion to approve the hiring of Jim McPeak and Todd
Baker as part time dispatchers. Mr. Anderson presented a motion to approve the
hiring of Jim McPeak and Todd Baker. Mr. Wayman seconded. Roll Call: All Ayes
Chief Del Calzo stated that they have been using both part time patrol officers
and dispatchers fairly extensively this past summer, which works out to a fairly
considerable savings to the police department. He stated that this past July 4th,
we had both part time patrol officers and dispatchers working and he would like
to request a motion to approve holiday overtime pay for part time employees at
time and a half.
He stated that the full time employees have that benefit and noted that the part
time employees make less than the full time employees so paying them time at a
half is still at a savings. He feels that asking the employee to work a holiday,
then it’s fair to pay them time and a half. Mr. Anderson presented a motion to
approve holiday overtime pay for part time employees at time and a half. Mr.
Wayman seconded. Mr. Anderson asked if this would cause any conflict with the
full time employees with contracts. Mr. Graham wasn’t sure if there are any
prohibitions in the contract and that he felt it would be up to the Board to do
this. Chief Del Calzo stated that the part time employees are covered by the
employee handbook, and Mr. Graham stated that Mr. Anderson’s question was
whether there are any provisions in the contract that forbid this. Mr. Anderson
withdrew his motion until it is determined if there are any provisions. Mr.
Wayman withdrew his second of the motion.
Mr. Wayman presented a motion to tabling this motion. Mr. Anderson
seconded. Mr. Anderson stated that he doesn’t have any issues with the Chief’s
request he just wants to be sure there isn’t anything preventing it. Roll Call:
All Ayes
Chief Del Calzo reminded the Board and audience that on Friday July 22nd,
2011 MPAL is having a reverse raffle at Stanton Park and the proceeds will help
cover the costs of the batting cages.
Chief Del Calzo informed the Board of the meth lab that was discovered over the
weekend and stated that due to the dangerous substances used, the Haz/Mat team
was called and he hopes that the cost would be picked up by the County Narcotics
Agency but if not then the cost would be on the Township and could be thousands
of dollars. He noted that they would put the costs on the homeowner as well. Mr.
Graham stated that the DEA will often assist with these situations too, and the
Chief noted that with funds being cut he wasn’t sure if they would.
Chief Del Calzo stated that this past Fourth of July the police department
received quite a few complaints about the party on Dave Drive. He stated that he
is unsure if the Township as a whole can do anything to limit the number of
people at these parties. He stated that it is difficult to catch people in the
act of setting off the fireworks, which is the only way for the police
department to enforce any laws.
LEGAL:
None
FISCAL OFFICER:
Mrs. Gerred-Ditchcreek requested a motion to approve the carryover of 40 hours
of vacation for Paul Cook. Mr. Wayman presented a motion to approve the
carryover of 40 hours of vacation for Paul Cook. Mr. Anderson seconded. Roll
Call: All Ayes
Mrs. Gerred-Ditchcreek requested a motion to approve the carryover of 4.5 hours
of vacation for David LaRosa. Mr. Anderson presented a motion to approve the
carryover of 4.5 hours of vacation for David LaRosa. Mr. Wayman seconded. Roll
Call: All Ayes
Mrs. Gerred-Ditchcreek stated that the audit is not approved from the State yet,
but they are asking if the Board would like an exit audit interview, which would
cost more money or they can sit down with the Fiscal Office to go over the audit
report. The Board felt the interview was unnecessary.
Mrs.
Gerred-Ditchcreek read a memo she wrote to the Board of Trustees on July 12,
2011, which read:
“I would like to
present a letter to the Fire Board. The Fire Department occupied Station 3 for
at least 25 years. Repairs to this roof were needed a number of years ago, long
before they returned the building to the Township, the repairs that were needed
were identified by the Fire Board but were not taken care of. I know these are
tough economic times for everyone but the Fire District’s revenue stream is much
healthier than the Township or the Village. I am not asking the Fire Board to
pay for all of it, but I was hoping some monetary amount be contributed to help
us pay this unexpected bill. We have now had to pay for the roof to be repaired
at a cost of $7,238.00. Please present this at your next meeting and reconsider
helping us with this expense.”
She asked the Trustees to present this to the Fire Board asking for assistance
in making the repairs. Mr. Brotzman stated that he brought this issue up at the
last Fire Board meeting and was met with silence. He stated that he left the
request open if anyone wanted to bring it up again. Mrs. Gerred-Ditchcreek
stated she is asking this Board to present the Fire Board with the letter. Mr.
Anderson and Mr. Wayman stated that they will take the letter to the Fire Board.
Mrs. Gerred-Ditchcreek added that she is not asking them to pay for all or even
half, necessarily, she stated she is just asking them to help with the expense.
She added that they occupied that building for over thirty years before handing
it back to the Township and it is quite a large expense to be thrown at the
Township. Mr. Brotzman stated that it will be brought up again.
ADMINISTRATOR:
ZONING:
None
SERVICE/PUBLIC
WORKS:
Mr. Advey requested a motion to approve payment to C.I.R. Inc. for storm sewer
inlet repairs at 1444 Davista at a cost of $5,140.00. He stated that this job
has been completed and noted that there is another job just down the road and it
cannot be done with our crews as it is too deep. He stated that they feel one of
these may have happened in the past sometime and may have had a tree removed and
a large truck drove over the basin, collapsing the pipe. Mr. Wayman presented a
motion to approve $5,140.00 to C.I.R Inc. for the inlet repairs at 1444 Davista
at a cost of $5,140.00. Mr. Anderson seconded. Roll Call: All Ayes
Mr. Advey discussed the July
11, 2011 wind storm that occurred at approximately 3:00pm. He stated that the
following three categories were tracked from calls coming into dispatch and to
Cindi; Trees/Limbs-10+ calls, which doesn’t even put a dent in the amount they
found in the road just driving around. Trees Down: at least twelve, those were
in road right-of-way, we don’t count the ones out of the road right-of-way.
Wires down: at least twelve, many of the roads were blocked off for safety
reasons. He stated that the communication between having our own dispatch, Cindi
in Administration, and Steve Heilman Service Department Supervisor was
impressive, as was the work by the Service Department crew. Everyone worked
together like a well-oiled machine. He stated that the crew had the majority of
the roads opened, with the exception of those with trees or branches wrapped
around wires, by 4:30-5:00. He added that they are still cleaning up but that he
wanted to commend all of these people for doing a fantastic job on yesterday’s
storm.
BUILDINGS/GROUNDS:
Mr. Advey requested a motion to approve the first ten year lease renewal with
Rabbit Run Community Arts Association. Mr. Anderson presented a motion to
approve the first ten year lease renewal with Rabbit Run Community Arts
Association on property located at or near 5648 West Chapel Road, Madison
Township. Mr. Wayman seconded. Roll Call: All Ayes
CEMETERY:
None
OTHER:
Mr. Advey requested a motion to renew the Lake County Safety Council Membership.
Mr. Wayman presented a motion to renew the Lake County Safety Council Membership
for FY12 at a cost of $150.00. Mr. Anderson seconded. Roll Call: All Ayes
Mr. Advey requested a motion
to approve the new lease agreement with Rabbit Run Community Arts association
effective August 1, 2011. Mr. Advey stated that this is about their property
insurance being obtained through the Township’s insurance and Rabbit Run will be
billed monthly for a rental. Mr. Anderson presented a motion to approve the new
lease agreement with Rabbit Run Community Arts association effective August 1,
2011 on all of that building known as the Madison Township Hall and formerly
occupied by the Madison Post Office and by the Madison Township Trustees and
situated on the southerly side of Park Street on the property identified as the
“commons”, 49 Park Street, Madison, Ohio. Mr. Wayman seconded. Roll Call: All
Ayes Mr. Advey stated that he has two copies for the Board to sign after the
meeting.
Mr. Advey stated that follow
up on the Lake Road at the corner of Grove and Glenview and it was discovered
that the drains in the Township road right-of-way are wide open and upon running
a snake into it about thirty feet into the property they came across an impasse
and informed the property owner that they found a broken tile that needs to be
fixed by the property owner since it is out of the road right-of-way.
Mr. Advey informed Mr. Wayman
that he followed up on the complain he received about the rocks on the boat ramp
and stated that he was surprised that there were as few stones on there than
what is usually there. He added that when we get community service workers, we
can have them clean up the bigger ones but this will always be an ongoing issue.
He also added that the No Parking/Observation signs were missing again and will
have Paul replace them.
Mr. Advey stated that the
Township Park project will be early fall for start-up construction if the
permits get issued in time.
BOARD/STANDING
COMMITTEE REPORTS:
Health Board:
None
Recreation Board
Mr. Anderson stated that the Youth Sports Parade went off very nicely and
thanked the road, police, and fire department. The Recreation Board gave away
two bikes as well.
Lake County Township
Association:
None
Community
Improvement Corporation:
None
Other:
Mr. Anderson stated that in regard to Mrs. Soden’s complaint on Burns Road and
the pool has been removed but that she is still complaining about some 4x4’s
still standing and that the mowing completed by the contracted company was not
that great of a job. Mr. Graham stated that the posts are in the ground so it is
not considered debris and that we can have Jerry Klco check on the grass to see
if it is in compliance.
Mr. Advey stated that he and Mr. Anderson attended the Northeast Ohio Township
Association meeting in Harpersfield. Heidi Fought, Township Association, came in
to speak and stated that the this year and next year we will lose fifty percent
of the local government fund and in four years it is expected to be completely
gone. He also spoke with Sean Sprouse of Burnham & Flowers Insurance concerning
the employee hospitalization and he stated that the group/consortium we are in
and we should be fine in relation to what is being required by the new bill.
Mr. Anderson added
that he would like to thank Max Sorensen for his participation and assistance
with the Youth Sports Parade.
Mrs. Gerred-Ditchcreek asked if Mr. Graham and others are going to review the
final budget to know what is going to be required of us. Mr. Graham stated that
Mr. Advey had sent him a copy of the bill and one issue was the health
insurance, which Mr. Advey already addressed, and the Township seems to be doing
the other items but they will continue to review it.
Citizen Comments:
Joann Dzopko, 1080 Edgewood Avenue, stated that she was the one who advocated
cutting the grass and when this first was brought to the Board, there were
twelve properties in her neighborhood and now this year there was one. She
stated that many times all Jerry Klco had to do was to call them and they took
care of it. She stated that she has talked to the people who have come in to cut
the grass for the different mortgage companies and they told her that if the
banks weren’t threatened, they wouldn’t have cut them. She stated that even if
the Township isn’t getting their money back, the system put in place is
effective and thanked the Board. Mr. Brotzman thanked Mrs. Dzopko.
Mr. Brotzman stated that he won’t be at the next meeting, as he is making a
personal sacrifice to attend the Lake County Captains game to celebrate the
Madison Community Night and celebrate the Bicentennial for the Township.
The next meeting
will be August 9th at 7:00pm.
With no further
business to come before the Board, Mr. Wayman presented a motion to adjourn the
Regular Meeting at 7:55 p.m. Mr. Anderson seconded.
Roll Call: All Ayes.