Village of Windham, Ohio
“In the heart of the Western Reserve”
9621 E. Center Street Windham, OH 44288
(330) 326-2622, Fax (330) 326-2645

Minutes of the Regular Council Meeting
Held January 18, 2006 – 7:00 P.M.

At 7:00 P.M., the Honorable Mayor C. James Moore to Call Meeting to order and led in the Pledge of Allegiance.

Present at meeting: Rachel Barrett - present
Jason DeBolt - present
Robert Donham II - present
Marian Garrett – present
Scott Garrett - present
Jodi Minotti - present

Also in attendance, Mark Manlove, Village Solicitor and Kevin Knight, Village Administrator.

The minutes of the December 20, 2005 Regular Council Meeting were presented. Marian Garrett moved to accept. Second, S. Garrett. Ayes: R. Barrett, J. DeBolt, R. Donham II, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Rachel Barrett nominated Scott Garrett for the position of Village Council President for 2006. Scott Garrett accepted the nomination. There being no other nominations, a vote was taken. Ayes: R. Barrett, J. DeBolt, R. Donham II, M. Garrett, J. Minotti. Nays: None. Abstain: S. Garrett.

Marian Garrett made a motion to set the day and time of the 2006 Regular Monthly Village Council Meetings to the Third (3rd) Wednesday of each month at 7 P.M. Second, R. Donham II. Ayes: R. Barrett, J. DeBolt, R. Donham II, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Mayor Moore announced that the Mayor’s Annual Report (ORC Section 733.223) will be given at next month’s meeting of Council.

The Village Fiscal Officer’s Financial Reports for December, 2005 will be presented at the next meeting of Council.

Scott Garrett presented the Village Council President’s Report by reviewing the options for Council Committees. Robert Donham II made a motion to accept Option #1. Second, S. Garrett. Ayes: R. Barrett, J. DeBolt, R. Donham II, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried. Option I and Option II are attached as part of these minutes.

Robert Donham II presented the Dispatchers, Police, Fire and Rescue Squad (EMS) reports for December, 2005.

Mayor Moore presented the Mayor’s communications report. He began by giving an update on the Pre-construction meeting update from January 13, 2006. The E. Center Street Sewer Line Construction project will begin on February 15, 2006 and be completed by September 13, 2006 with readiness for final payment on October 13, 2006.

He continued by noting that USDA, Rural Development has requested a payment submittal of the unpaid Arcadis FPS Engineering Fees and the amount of Legal Fees to be reimbursed to the Village with relation to the E. Center St. Sewer Line project. This money for Village Legal Fees will be deposited back into the Sewer Fund.

Personnel Committee – Scott Garrett – no report.

The Finance Committee report was presented by Marian Garrett. She first introduced the Letter to State Auditor Martin R. Kubic, CPA from the Village Council concerning non-audit service responsibilities of the Village for the Audit for the period January 1, 2004 through December 31, 2004. Discussion on this was tabled until Executive Session. Motion to table until Executive Session: Marian Garrett. Second, S. Garrett. Ayes: R. Barrett, J. DeBolt, R. Donham II, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Next, she presented a Letter to State Auditor Martin R. Kubic, CPA from Village Council concerning the acceptance of an adverse opinion for the 2004 Audit rather than convert the 2004 books to new AICPA standards. Discussion on this was tabled until Executive Session. Motion to table until Executive Session: Marian Garrett. Second, S. Garrett. Ayes: R. Barrett, J. DeBolt, R. Donham II, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Marian made a motion to accept new Resolution No. R-2006-1 authorizing the Village Fiscal Officer to pay to the Guarantee Surety Company of North America the sum of $38,535.98 from the Revolving Loan Fund (RLF) for the balance due on the South Main Street Water line project. Such payments shall begin being reimbursed back to the proper fund from the Water Fund after the 2006 Permanent Budget Appropriations are adopted. Second, S. Garrett. Ayes: R. Barrett, J. DeBolt, R. Donham II, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Marian made a motion accept the Audit engagement letter for the 2004 Audit at an estimated cost of $16,000.00. Second, R. Barrett. Ayes: R. Barrett, J. DeBolt, R. Donham II, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Marian made note of the fact that the 2004 Books were not found to be in balance through November, 30, 2004 as reported by previous Fiscal Officer, Grace Krontiris. Local Government Services has had to reopen the October, 2004 & November, 2004 books to attempt to achieve a correct reconciliation.

Marian requested the status of payments to the Bureau of Worker’s Compensation. Fiscal Officer Shelley Craine reported that the Village’s repayment efforts for Fiscal years 2003 & 2004 are on schedule. The monthly amount due is $14,303.52 on the 22nd of each month. The balance due is: $ 77,274.18 reflects a credit of the total interest previously applied to the account.

Marian made a motion to remove two (2) Funds from the books due to inactivity, Fund #2063 & Fund #2071. Second, R. Donham II. Ayes: R. Barrett, J. DeBolt, R. Donham II, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

The totals collected for Income Tax were presented to Council over a four year period. Significant increases have been collected by Income Tax Administrator Lloyd Billman and the Council agreed that he has done a wonderful job.

It was also noted that Lloyd Billman will be assisting the Fiscal Officer with the 2nd Payroll of each month.

The Safety Committee report was given by Robert Donham II. He made a motion to approve the contract received from the Portage County Public Defender. Cost is $80.00 per person. This provides legal counsel to indigent members of our community. Second, S. Garrett. Ayes: R. Barrett, J. DeBolt, R. Donham II, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried. Robert noted that 2 Part-time Police Officers have been brought onto the staff and 1 more Officer is being processed to be brought into the Department.

On January 4, 2006, the Portage County Drug Task Force members were sworn in. The Windham Police Dept. is participating in this Task Force.

The Utilities Committee was presented by Scott Garrett. Discussion included how to begin gaining control of the Village of Water meters with the Village owning it versus the current situation of the resident owning it. Other municipalities have plans where the residents “rent” the meter.

Security systems are being considered for the Water/Sewer Plants as well as the Well fields.

Comparative rates are being compiled from other Villages for their Water & Sewer rates with plans to create a report for the Village residents.

It was noted that the new system for Village rental property Water & Sewer bills was being implemented by signing all new tenants first. This will help address any problems in the system.

Kevin Knight reported that 15applications were and interviews are being conducted for the open position in the Water & Sewer Dept.

Streets and Sidewalks – Kevin Knight reported that a new controller was ordered for the Street Lights and then both will be functional.

Village Building and Properties Committee - Jodi Minotti – no meeting held.

Planning and Zoning – no report given.

Parks and Recreation - Jodi Minotti – no report. Committee to be formed. Kevin Knight reported that the Hot Stove is going to donate a new Back Stop for the Ball fields.

Economic Development and Long Range Planning – Marian Garrett – no report given.

Records Commission – Marian Garrett – no report given.

Village Solicitor – Mark Manlove reported that 16-18 Income Tax cases were prosecuted, with 12 to be prosecuted in January, 2006.

Other business. Kevin Knight reported that he is looking into all Electric trucks – operating at 1.5 cents per mile. A demonstration will be held this weekend. It can run 55 miles per charge which is adequate for the size of our Village. Compared to a regular Pick-up, the cost is $14,000.

Guest Recognition – Marion Quickle inquired as to when the “junkers” on Spring Street would be required to clean up the garbage. Response: All concerns are being addressed as the Administration Office becomes aware of the situation.

Marian Garrett moved to go into Executive Session at 8:10 PM to discuss litigation with our Village Solicitor concerning three (3) lawsuits filed against the Village by former Fiscal Officer Grace Krontiris and also to discuss Township and Village Fire District/Fire Department Operating Agreement negotiation issues. Second, R. Donham, II. Ayes: R. Barrett, J. DeBolt, R. Donham II, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Marian Garrett moved to return to Regular Session at 9:10 PM. Second, J. DeBolt. Ayes: R. Barrett, J. DeBolt, R. Donham II, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

At 9: 14 PM, Marian Garrett moved to adjourn the meeting. Second, J. DeBolt. Ayes: R. Barrett, J. DeBolt, R. Donham II, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Respectfully submitted,

Shelley Craine, Clerk of Council