MADISON TOWNSHIP BOARD OF TRUSTEES REGULAR

September 13, 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. 

Mr. Anderson led the audience in reciting the “Pledge of Allegiance.”

The Board and audience observed a “Moment of Silence.”  Mr. Brotzman wished to remember former Lake County Commissioner Dan Supanick, who was commissioner for many years and Charlotte Raico, wife of Dave Raico, Ben Zanichelli, a very active coach with youth football, Gloria Benz, of Perry, who was active with Rabbit Run and with the High School.

Mr. Anderson presented a motion to approve the minutes of the August 9th, 2011 Regular Meeting. Mr. Wayman seconded. Roll Call: Mr. Anderson: yes; Mr. Wayman: yes; Mr. Brotzman: abstain

Mr. Wayman presented a motion to approve:

Bill Lists in the amounts of:    $96,008.57 Actual amount from August 23, 2011
                                               (attached and made part of the minutes);

    $53,858.42 Actual amount from September 13, 2011
                                               (attached and made part of the minutes);

Mr. Anderson seconded. Roll Call: All Ayes

Mr. Anderson presented a motion to approve:

Payroll in the amounts of:       $80,219.17 Actual amount from September 9, 2011;

                                            $78,816.17 Estimated amount for September 23, 2011;

Mr. Wayman seconded. Roll Call: Mr. Wayman: yes; Mr. Anderson: yes; Mr. Brotzman: yes

Mr. Brotzman wished to welcome Ken Takacs, Village Councilman and Vice Chairman of the Madison Fire District as well as Mayor Lee from Madison Village. Mr. Brotzman referred to Mr. Advey for an introduction of some special guests.

Mr. Advey stated that as the residents are aware, Madison Township became a member of NOPEC (Northeast Ohio Public Energy Council) some years ago and the Electrical Aggregation Program. He stated that this program has saved the residents money over the years in their monthly electric bill and he included the Township in those that have saved money. He stated that approximately two years ago, in conjunction with First Energy Solutions, they came up with a program called Powering Our Communities Grant Program. He explained that through this program, and with the Township being a member, we have many households that would qualify for grant funds. He stated that he saw what the Township would be receiving by way of grant monies and when he did a comparison of other Townships, he discovered that the Township may be a little bit short and he contacted Leigh Herington, Executive Director of NOPEC to discuss this concern. Mr. Advey then introduced Leigh Herington. Mr. Herington thanked Mr. Advey and then addressed the Chairman, the Board, and the residents of Madison Township. He stated that he was delighted to be in attendance on behalf of NOPEC and stated there were a couple of things that he would like everyone to know. He stated that they were very fortunate to enter into this contract with First Energy Solutions because they are now saving our Township residents seven percent (7%) of the price of their electricity and small businesses save five percent (5%). He stated that those savings will continue through 2019 and reiterated his pleasure with being in that program. Mr. Herington added that as part of that program, First Energy Solutions agreed to give NOPEC nearly sixteen million dollars that they would share with member communities. He stated that they agreed to use that money to offer thirty dollars per customer from each political subdivision; he stated this money could be used for energy conservation/energy savings programs. He said that as of February 1, 2010 they looked at the numbers for everyone and he felt they were pretty accurate in every community but Madison Township. He stated that they sent a letter to the Township indicating that the Township was entitled to approximately $62,000. He stated that the Township made application timely, fulfilled the requirements, and that they gave terrific proposals. Mr. Herington stated that these projects passed their grant committee without any question at all. He wished to not only recognize, but thank the Township for the effort put into this project. He then received a letter from Mr. Advey which stated that the Township was pleased to receive the $62,310.00, but noted that he has done some checking and found that the numbers don’t add up. Mr. Herington then referred to a section of the letter which stated that Concord had 70% of their households and Painesville had 61% of their households which remained in NOPEC. Mr. Advey noted that he did some calculating and came up with a range of $123,540 to $141,750 for an approximate grant range for Madison Township, he then asked for an additional $76,233.35. Mr. Herington stated that this was very smart on Larry’s part and of the Township to look at the situation and try to come some conclusion of what would be fair. Mr. Herington explained that after he received this letter, he spoke with Mr. Advey and he began to do a little bit of research himself. He found that when they began to send the opt-out notices in 2009 apparently not all of the residents were given the opt-out notice. He noted that First Energy Solutions was not the supplier at that time, a division of Florida power & light was. He stated that when he began looking at it, there were no longer 2,077 members of the program, there were a lot more. He stated that the bigger problem was that they didn’t have this $76,233.35 that Madison Township was requesting. He stated that they didn’t receive that from First Energy Solutions and when he looked into it and after he spoke to Legal counsel, he found there was no legal obligation for First Energy Solutions to give the Township the money. He then said that he and Mr. Advey worked with First Energy Solutions President; Donny Schneider and Vice President of Sales; Jerry Bellit, who is with him today to discuss the decision they have made on this situation. Mr. Herington then introduced Mr. Jerry Bellit. Mr. Bellit thanked Mr. Herington, Mr. Advey, and the Board of Trustees for having them here tonight. He stated that he looks at this as a long term partnership and that is why they do the things they do. He stated that they have come to acknowledge both NOPEC and Madison Township in their participation with First Energy Solutions and the Powering Our Communities Grant Program. He stated that on behalf of First Energy Solutions, it is their privilege to offer the residents and the small businesses in Madison Township and the other 132 communities guaranteed long term savings on their electric bill. He added that the most important point is that this is locally generated, locally used, and local employees. He stated that the residents are buying from a local community and they are putting back into the community. He again thanked the Board and residents for the opportunity to be here this evening and stated that he looks forward to a long term partnership with NOPEC and Madison Township and all of the community members. He then introduced two of his employees, Diane Francis and Brenda Fargo, and presented the Township with a symbolic check for $76,000.00 for NOPEC and Madison Township, for a job well done on their part. Mr. Brotzman thanked Mr. Bellit on behalf of the Board of Trustees.

Mr. Brotzman introduced Mayor Lee, Mayor Lee thanked the Board and stated that he and Larry sat at the same table at the NOPEC Awards Ceremony and he commended Larry for taking the extra steps to pick up more money.

Mayor Lee stated that he wanted to comment on an article that appeared in the Star Beacon on Saturday, September 3, 2011. He stated the article was regarding the fiscal operations of the Senior Center. He commented that Madison Township and Madison Village contribute a significant amount of taxpayer dollars to the Senior Center budget. He then stated that he spoke to each and every individual who was quoted in the article; Tony Long, Fiscal Officer for Madison Village and the Fiscal Agent for the Madison Senior Center; Lyle Shull, Director for the Lake County Council on Aging; Gary Rosenthal, a Mentor Attorney and Lake County Senior Services Levy Coalition Chairperson; Joe Szeman, Law Director for Madison Village; and Terry Gerred-Ditchcreek, Madison Township Fiscal Officer was out of town when he called but he noted that he spoke to Marina Rimes, Fiscal Officer’s Assistant and Senior Board Member who had noted that she had been in the office when the reporter spoke to Terry. He stated that each of these people indicated that the article did not entirely reflect the conversations that took place and, in some cases, comments were taken out of context. He noted that one person also stated that they told the reporter that the donations dollars come out of fundraising proceeds. He stated that he also spoke with Mary Lou Holmes, Chairperson for the Madison Senior Center; Mike Gehring, Vice Chairman for the Madison Senior Center; and Jessica Edwards, Director of the Madison Senior Center. He then stated that he wanted to clarify some points based on his discussion with the people mentioned. He stated that Tony Long did not recall stating quote: “The monies go into a pot and tracing it back is like looking for a needle in a haystack”. Mayor Lee said Tony further indicated that he recalled a conversation with Jessica Edwards of February or March of this year, when Jessica submitted a written check request for $1,000.00 to be paid to support our Senior Levy Committee. He added that on the program line in her request, which provides detailed information, indicating where the funds should come from. He said Jessica had indicated that the funds should come from the Senior Capital Account and specifically the line item for fundraising revenues. He stated that this line item contains money collected at the holiday craft fair, great yard sale, senior day at the mall, and other fundraising activities. Mayor Lee firmly stated that this line item does not contain any taxpayer dollars, per the Fiscal Officer. In the July Senior Center newsletter and other newsletters whenever there is an advertisement for some sort of fundraising activity, the Director will always note that ‘the proceeds benefit the Senior Center and the Lake County Senior Services Levy’. He stated that there is no co-mingling of taxpayer dollars with fundraising dollars. He noted that Jessica recalls that she may have told Tony Long something to the effect that a contract or agreement with each Senior Center in Lake County called for an annual donation of $1,000.00. He stated that there has never been a written signed contract with any of the Senior Centers in Lake County. He stated that if the reported had talked to himself, Mary Lou Holmes, or Mike Gehring, any one of them would have told her that. He then stated that had she checked further, she would have found in the minutes of the Senior Levy Coalition meeting held on Tuesday, February 10, 2009; he then read a quote by Lyle Shull: “Levy campaign fundraising was discussed. Lyle reminded each and every director that the Centers agreed to donate $1,000.00 each year for the Levy campaign. Checks are to be made out to the Lake County Senior Services Levy or Support Our Seniors. Send the checks to Lyle.” Mayor Lee stated that these proceedings were submitted by Carrie Davidson, Secretary for the Coalition. He then stated that Lyle Shull, Director for the Council on Aging, confirmed this statement and also said that he sends the checks to the Treasurer of the Lake County Senior Services Levy Committee. He stated that another discrepancy in the article is the statement attributed to Lyle Shull where he is quoted as saying that his organization receives Senior Levy money, which is true. Mayor Lee then explained that Council on Aging receives fifty-two percent (52%) of the total levy monies; R.S.V.P, which stands for Retired Senior Volunteer Program, receives five percent (5%) of the levy dollars; and the ten centers in Lake County receive the remaining forty-three percent (43%). He stated that Senior Levy dollars are dispersed by the Lake County Auditor’s office and not by the Council on Aging, as was stated in the article. Mayor Lee stated that every person he spoke to that was quoted in this article stated that the reported said on several occasions; “there may or may not be a story here”. Mayor Lee stated that one person even told her there was not, yet she persisted with this non-story. He then stated that throughout the article the reporter implies that there is a written contract but, he noted, that she never thought of checking with a Senior Board member; Max Anderson; himself; past Board Members; or the present Board Members. He then commented that the reporter further implied that the Senior Center was unmanned and no one was in charge during Jessica Edwards leave. He then informed the Board that Helen Britton and Cathy Love, who are two part-time paid employees of the Senior Center, were each working twenty hours (20) per week during Jessica Edwards’ maternity leave. He also noted that ‘maternity’ leave was never pointed out in the article as well.  Mayor Lee stated that other implications in this article were the misuse of taxpayer dollars. He stated, emphatically, that there is none. He then stated that since he has been Mayor and on the Senior Board from 2008 to 2010, they have implemented fiscal procedures to prevent this from happening. He noted that they have expanded the number of accounts and added line items to better control and track expenditures. He stated that the Director and Fiscal Agent are held accountable for their actions and he has the details to support this. He stated that, in his opinion, the reporter owes the Senior Board, the Senior Center Director, and the Senior Services Levy Coalition an apology for implying any misuse of taxpayer monies at the Madison Senior Center. He stated that he has emails and a stack of documents from Senior Center Board members complaining about certain seniors’ persistence in wanting the Senior Center to become a 501(c)(3) organization so that they could obtain grant dollars. He then stated that from his own personal experience at Lake Erie College, where he still teaches and where he obtained a National Science Foundation Grant, that it is not easy to get grant monies. He noted that there are grants out there but that it takes a lot of hard work and noted that if you ask Madison Village and Madison Township Police Chiefs about C.O.P.S grants you will find that although they always apply for them, they rarely get them. He then noted that it would cost the Senior Center more money to go private than to stay public with the existing funding mechanism in place. He then thanked the Board. Mr. Brotzman asked Mayor Lee if there was special legislation to allow Senior Levies to abide by different rules, further asking for confirmation that they cannot spend taxpayer dollars on their levies. Mayor Lee stated that that was correct, and Mr. Brotzman thanked him noting that he was misinformed on that item.

CITIZENS COMMENTS:

Greg Anderson, 1697 Bathgate, stated that he has been a Madison resident for many years and noted that he has been having flooding issues. He then asked if there was going to be any kind of solution, noting that the six inch pipe just isn’t enough. Mr. Advey stated that the Bathgate/N Watling Way storm trunk sewer bids came in but he noted that they were within the ORC’s requirements of the 10% limitation over the Engineer’s estimates. He stated that we need about another $120,000.00 to make it happen. He noted that he is meeting with the Fiscal Officer and Tim Miller, the Director of Stormwater Management to see if they can come up with the money and hopefully award the bid at the next meeting. He stated that this project will put a much bigger pipe in the corner at Bathgate and N Watling Way. Mr. Anderson stated that he had been on vacation and at one point, had only one and a quarter inches of rain which ran the two pumps for over an hour, noting that they are both 5,400 gallon per hour pumps. Mr. Advey stated that part of the reason for the overage on the cost of the project is the high ground tables. Mr. Advey then stated that he is very hopeful that they can come up with the extra funds and award the project at the next meeting, getting the project started by the fall. Mr. Brotzman thanked him for his comments.

John McLaughlin, 1638 Travers Road, noted that he has lived in Madison for about fourteen years and discussed the flooding issues he is experiencing. He stated that it is costing him thousands of dollars, noting that he just spent $10,000.00 two weeks ago. He stated that they had two sump pumps, a gas pump, and a fire truck all pumping water and he noted that he still had twenty-two inches of water in his house. He stated that every time they ask, they are told nothing can be done. He feels that something can be done but noted he wasn’t sure how. He then stated that the middle of the road has about a foot of water that runs right down the middle of the street, which finds its way to his driveway. He noted that his driveway is sloped and he understands that water runs downhill. He is spending money to put a “speed bump” type of addition to his driveway to hopefully steer the water away, but he noted that it comes across his neighbor’s yard and through his front yard and down the other side of his driveway away. He stated that he was grateful for the fire department’s help, because if they hadn’t he is sure that he would have had five or six feet of water in his house. He stated that this is the second time in ten days that they have had this amount of damage and that he never had this problem until 2006. He said he isn’t sure if the water tables have changed or if something has broken. Mr. Advey stated that he and the Service Department Supervisor, Steve Heilman, were down at his house just this morning. He noted that the water is heading right past their driveway and filling the whole side yard. He then noted that the sewers can’t handle these large amounts in short periods, Mr. Advey asked if the water is gushing out of the storm sewer at the corner of Berwick and Travers, Mr. McLaughlin confirmed it is. Mr. Advey then stated that the storm sewer project that he was speaking with Mr. Anderson about is Round 23 and noted that Round 24 is the Orkney project, which will be north of N. Watling Way and will be taking a lot the water out of the equation there. He stated that he spoke to Steve about blocking off the storm drain on Berwick in the corner but he noted that that’s a low area and if that is removed and you get a normal rain, you end up with a pond. He stated that the third stormwater project is on Red Bird, which will be a trunk line going from Chapel to the Lake and, he noted, that should help bring the water from Berwick and the other side streets into that. He stated that he doesn’t know if it’s going to help with the microburst type of storms. He noted that many owners of the style of homes that he has have built up the driveway area at a cost of about $6,400.00. He stated that Red Bird may start this fall as well and noted that between the three projects, there is about 1.7 million dollars going into that area. Mr. McLaughlin asked if it would be acceptable to pile up dirt on his property to deter the water from running into his yard. Mr. Advey suggested he speak to Stormwater Management. Mr. Brotzman thanked Mr. McLaughlin.

RESOLUTIONS:

Mr. Wayman presented a motion to approve Resolution #11-075 a Resolution certifying existing lighting district parcels. This is a resolution to levy assessments for the improvement of various streets in the Township of Madison by supplying said streets with electric lighting. Mr. Anderson seconded. Mrs. Gerred-Ditchcreek stated that in the last two years she was able to reduce the fees by close to six percent (6%) but this year she did not reduce any as she wants to wait another year to see how things go. Roll Call: All Ayes

Mr. Anderson presented a motion to approve Resolution #11-076 a Resolution appropriating $420.00 from un-appropriated into 2081-210-323-8126 Range Supplies. Mr. Wayman seconded. Roll Call: All Ayes

Mr. Wayman presented a motion to approve Resolution #11-077 a Resolution accepting funds received from NOPEC for the Powering Our Communities Grant totaling $76,233.35 into line item 1000-892-0000 and appropriate to fund line 1000-110-930-0000-Contingencies. Mr. Anderson seconded. Mr. Brotzman thanked NOPEC & First Energy Solutions. Roll Call: All Ayes

ADMINISTRATION

POLICE DEPARTMENT:

Chief Del Calzo requested a motion to hire a part time officer, Dan Radigan, who currently is a Mentor Detective and worked full time for Madison Township for a number of years as well. Chief Del Calzo stated that it’s always good to be able to hire someone with experience even in a part time position.

Mr. Anderson presented a motion to hire Dan Radigan as a part time officer. Mr. Wayman seconded. Mr. Anderson stated that he is a very good officer. Roll Call: All Ayes

Chief Del Calzo stated that he has noticed in the papers recently and other jurisdictions as well as our own have had a very large increase in daytime burglaries & robberies and the target is jewelry. He noted that they will pass by several valuables just to get to the jewelry. He added that there is an increase in gold buyers and they don’t have to abide by the same rules as pawn shops, which makes it difficult for police to investigate. He asks the residence to report anything suspicious and to use caution. He also asks the residents to keep their jewelry hidden, not in jewelry boxes or on their dressers. He reminds residents to keep their doors and windows locked as well.

Chief Del Calzo discussed an article in the September 12, 2011 News Herald, he noted the headline reads “Townships will have to pay”. He stated that the summary of the article is that the Sheriff is telling the township communities in Lake County that have, for many years, received police protection from the Sheriff are now going to have to pay for that protection. He stated that he received a fax from one of the Concord Trustees who represents the Lake County Township Association and that they are doing a survey of police services, what it costs to start, etc. And the reason he mentions this is that he has noticed that the Madison community is often taken as doing things “backwards” and that the Township is run by farmers and he noted that maybe they forget it was farmers that wrote the constitution, stood on the bridge at Lexington, and landed on the beaches of Normandy. He held up a copy of the minutes from 45 years ago this day when the Madison Township Trustees created the Madison Township Police District. He stated that it shows the quality of the people in this community, and added that the Township residents have been paying for their own police services for years. He noted that the County could have done much more to encourage us and now they are talking about making other Townships pay for police services. He presented a cake, which was paid for by the Patrolman’s Association, to the residents and thanked them for the last 45 years of support and stated that the police department is here for them and will do their best to honor their commitment to them.

LEGAL:
   None

FISCAL OFFICER:

Mrs. Gerred-Ditchcreek stated that she provided the Board with a list of projects that the Township is committed to currently, such as stormwater projects 23, 24, 25, and 26, noting that some of them are paid for but there is $1,181,000 that has yet to be paid out. She recommends to the Board to complete these projects and to not incur any other projects until they can see where they are financially. She is showing where the Township is committed, what we have in grant money, what is out in loans, and she stated she has tried to estimate what will be owed and to show what has been paid for. She feels that with the economic situation being what it is, the Township should not incur anymore expenses at this time. She stated that the debts on the books need to be taken care of first. She stated that she also has given them their appropriations status, as she does at every meeting, and noted that any account that is over seventy percent (70%) should be looked at. She stated that if they have any questions, she is available. She stated that over all, the Township is staying within their budget. She stated the Township is at fifty-one percent (51%) where we could be at seventy percent (70%) if you take it all together. She noted that there are different individual line items at seventy percent (70%) or more and to please take a look at them. She said we are ok but the money is dwindling, especially at this time of year we have to be careful of the spending. She added that the Township is obligated to follow through with these projects and now they may have to find another $120,000.00.

ADMINISTRATOR:

ZONING:
   None

SERVICE/PUBLIC WORKS:

Mr. Wayman presented a motion to approve payment to C.I.R. Inc for storm sewer inlet repair at 1444 Davista at a cost of $5,140.00. Mr. Anderson seconded. Roll Call: All Ayes

BUILDINGS/GROUNDS:
   None

CEMETERY:

Mr. Advey discussed the August Cemetery report, receipts for the month were $2,603.00 with four lots sold for a total of $1,050.00, two footers sold for a total of $253.00; and six burials were performed for a total of $1,300.00 and the total Year to Date is at $25,298.00.

OTHER:

Mr. Anderson presented a motion to approve the new lease agreement with Rabbit Run Community Arts Association effective October 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. This lease agreement replaces and terminates the prior lease agreement dated August 1, 2011 between Lessor and Lessee. Mr. Wayman seconded. Roll Call: All Ayes

Mr. Wayman presented a motion to approve the second six month extension with Chapel Road Partners, LLC in regards to the March 9, 2010 letter of intent for Stanton Park redevelopment. Mr. Anderson seconded. Roll Call: All Ayes

Mr. Advey stated that in regards to the financial situation, he stated that at this point and time a lot of the road dept funds haven’t been hit by the local government fund cuts, he appreciates her concern on the revenue stream.

BOARD/STANDING COMMITTEE REPORTS:

Madison Fire District:

Mr. Brotzman stated there will be a meeting on Wednesday, September 14th, noting the meeting has been moved up. He stated that they couldn’t get any help on the roof repairs at the old station three and thanked his colleagues for their support and noted the vote was deadlocked three to three.

Health Board:
   None

Recreation Board:
   None

Lake County Township Association:

Mr. Wayman stated that the next meeting is Thursday at 7:00pm

Community Improvement Corporation:
   None

Other:

Mr. Anderson wished to thank all who attended the 9/11 Ceremony on Sunday. Mr. Anderson then informed the Chief that he received ten letters from 6th grade special education teacher. She asked her students the five most important jobs in the world and police and fire were picked. She asked Mr. Anderson to pass those letters on to the Fire District & Police Department.

Citizen Comments:

Joe Vulcan, 7294 Ross Road, stated that he is having an issue with barking dogs and asked the Board to consider establishing a barking dog ordinance. He stated he is aware there is a noise ordinance but it reflects more on exhausts, manufacturing facilities, etc. He stated that he is aware that Judge Cicconetti won’t back up this resolution in court, but he feels that something has to be done. He stated that his neighbor has 22 dogs, and has a kennel license so Mr. Vulcan’s hands are tied there. Mr. Graham stated that the Township can only do what the legislature allows and there is no provision in the ORC for dogs barking and suggests Mr. Vulcan contact Mr. Young, State Rep. or the State Senator to see if they would pass legislature. Mr. Graham stated that in terms of the noise ordinance not being backed up in court, the judge struck is the music portion but that the rest is still valid. He has seen Disorderly Conduct citations given out in the past but he knows the Judge doesn’t really like to see those. Mr. Vulcan read a section L. Noise Disturbance from the noise ordinance that reads “Any sound which endangers or injures the safety or health of humans or animals; annoys or disturbs a reasonable person of normal sensitivities; or, endangers or injures personal or real property”, and asked if the dog barking falls in that section. Mr. Graham stated that the section he is referring to is regarding machinery. Mr. Vulcan stated that if it is not in conflict with any state laws it shouldn’t be a problem. Mr. Graham stated that is not correct and that we can only do what the legislature allows. Mr. Vulcan re-read the section clarifying the “any noise” section. Mr. Graham stated he understands what Mr. Vulcan is going through and the Board sympathizes with him but they cannot do anything. Mr. Vulcan asked for confirmation that he has no recourse, and Mr. Graham stated that was correct.

Debbie Anderson, 1694 Bathgate Road, thanked Mr. Wayman for coming to her house to see the flooding situation.

Leanne Mihaly, 1117 Elm Avenue, she stated that there has been a large amount of fictitious phone calls and would like to see warnings go out to the elderly and by way of the news papers. Chief Del Calzo stated that this is rampant right now, and much of it is related to terrorists. He stated that other than making the public aware, there isn’t much the police can do.

Mr. Brotzman stated that the next meeting is September 27th, 2011 at 7:00pm and there may be items laid out for the time capsule, which will be the last part of the Bicentennial celebration.

Mr. Brotzman congratulated the Madison Blue Streaks on their win against Perry.

With no further business to come before the Board, Mr. Wayman presented a motion to adjourn the Regular Meeting at 8:06 p.m.

William A Brotzman, Chairman                     Terry Gerred-Ditchcreek, Fiscal Officer