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 February 15, 2006

At 7:10 PM, the Honorable Mayor C. James Moore called the meeting to order and led in the Pledge of Allegiance.

Roll Call: Rachel Barrett - present
Jason DeBolt - present
Robert Donham II - present
Marian Garrett – present
Scott Garrett - present
Jodi Minotti - present

Also present, Village Solicitor Mark Manlove & Village Administrator Kevin Knight.

The minutes of the January, 2006 Regular Council Meeting were presented and reviewed. Marian Garrett moved to accept. Second, R. Donham, II. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian mentioned that she had checked with State Auditor Ed Rance with regards to the maintenance of an Exhibit file to supplement the Minutes. The Auditor agreed that Marian’s idea is an excellent one and should be created with an Ordinance by Council.

Mayor Moore announced that the Mayor’s Annual Report (ORC Section 733.223) will be given at the March, 2006 Regular Meeting of Village Council.

The Village Fiscal Officer’s Financial Reports for December, 2005 were presented by Shelley Craine. Councilman Jason DeBolt requested that all future Financial Reports be given to the Council members well in advance of the meeting for review.

Scott Garrett gave the Village Council President’s Report. He gave a commendation to Marilynn Johns of the Windham Dirt Daubers and Kip Minnick for the revitalization of the “Welcome to Windham” signs. A thank you from Council will be issued.

Scott continued by recognizing the work of Kevin Knight, Carol Wilson and all the Water & Sewer employees (Roger Stier, William Szymanski, David Fall and Bill Pennington) for their excellence in work in the Utility Department. He mentioned that a significant increase in Revenue has been realized, a more efficient approach to Utility shut-offs has been developed with back checks for illegal reconnections), and other innovative and creative ideas have been brought forward for consideration such as Village ownership of water meters and Village resident rental fees for meters as examples.

The Dispatchers, Police, Fire and Rescue Squad (EMS) reports for January, 2006 were not submitted and will be reviewed at the March, 2006 Regular Council meeting.

Mayor C. James Moore presented the Mayor’s communications. He began by requesting final decisions on Committee meeting monthly day/date & time of Meetings and advised that an amendment to Council rules is needed to reflect the new Committees. Mark Manlove advised that these rules needed to be amended on a yearly basis. Scott Garrett will provide a copy of the current Council rules to each member for review with revisions to be presented at the March 2006 Regular Meeting of Council.

It was determined that the following Committees will meet on the following dates and times:

Service Committee – First Wednesday of each month – 6:30 PM
Safety/Personnel/Rules Committee – Second Wednesday of each month – 5:30 PM
Finance Committee – Second Wednesday of each month – 6:30 PM
Zoning Committee – First Monday of each month – 7:00 PM
Parks & Recreation – to be determined

It was with regret that Council accepted the resignation of Marian Garrett from the Portage County Bi-centennial Committee. Robert Donham II made a motion to accept. Second, J. DeBolt. Ayes: DeBolt, Donham, S. Garrett, Minotti. Nays: None. Abstain: M. Garrett. Motion carried.

Mayor Moore then made the appointment of Jodi Minotti to the Portage County Bi-centennial Committee. Marian Garrett made a motion to accept. Second, S. Garrett. Ayes: DeBolt, Donham, M. Garrett, S. Garrett. Nays: None. Abstain: Minotti. Motion carried.

Mayor Moore continued by seeking the approval of Council to adjust the daily Administration Office hours to allow a ½ hour daily office closing for a lunch break. The Monday – Friday Open Office hours will be: 9 AM – Noon; 12:30 PM – 4:30 PM, effective March 1, 2006. Marian Garrett made a motion to adopt. Second, S. Garrett. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

The Mayor mentioned that he issued a memo to all Village employees regarding Medical Insurance coverage and the Village’s annual renewal on March 1, 2006.

The Personnel Committee report was presented by Robert Donham, II. He reviewed the process that was taken to advertise and interview candidates for the open position. Eighteen (18) resumes were received, eight (8) were chosen for a first interview and four (4) were chosen for a second interview and testing. Based on the recommendation of Kevin Knight, Village Administrator & his Candidate Interview Committee and with the approval of the Personnel Committee, William Simpson from Windham Village was presented to Council for approval to a full-time position of Water/Sewer Operator in training with employment beginning on or before March 5, 2006. Robert Donham II made a motion to accept the recommendation to hire William Simpson for Water Sewer Operator in training effective March 5, 2006. Second, J. Minotti. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

The Finance Committee report was presented by Marian Garrett. She began by introducing new Resolution R-2006-3 Employee Medical and Life Insurance renewal effective March 1, 2006. Anthem Blue Cross/Blue Shield of Ohio Option 12 with RXL with composite Premium rated monthly at a cost of $ 7,790.87, an increase of $646.79 monthly. This would be an actual cost to the Village of $7,760.80 monthly less the employees 10% premium share payroll deduction. Marian Garrett made a motion to adopt. Second, S. Garrett. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Next, Marian introduced new Resolution R-2006-2 which authorizes the Village Fiscal Officer to pay the February, 2006 Workers Compensation payment owed from the General Fund based on the employee’s experience claim rating from the Revolving Loan Fund Account and declaring an emergency. Marian Garrett made a motion to adopt. Second, J. Minotti. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian read new Ordinance No. O-2006-1. AN ORDINANCE DECLARING IT NECESSARY TO PLACE A .5% GENERAL INCOME TAX INCREASE WITH AN ADDITIONAL .5% CREDIT FOR VILLAGE RESIDENTS ON THE BALLOT FOR THE MAY 2, 2006 PRIMARY ELECTION SAID INCREASE TO BE EFFECTIVE JULY 1, 2006 AND NOTIFYING THE PORTAGE COUNTY BOARD OF ELECTIONS TO CAUSE NOTICE OF THE ELECTION, AND DECLARING AN EMERGENCY AND REPEALING ALL PRIOR INCONSISTENT ORDINANCES.

Robert Donham II made a motion to Suspend the Rules. Second, J. DeBolt. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian Garrett made a motion to adopt Ordinance No. O-2006-1. Second, S. Garrett. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian read new Ordinance No. O-2006-2. AN ORDINANCE DECLARING IT NECESSARY IN ORDER TO CONTINUE TO PROVIDE SERVICES IN THE VILLAGE OF WINDHAM TO INCREASE THE VILLAGE INCOME TAX BY .5% EFFECTIVE JULY 1, 2006 AND WITH AN INCREASE OF THE TAX CREDIT OF .5% TO A FULL 1% AND DECLARING AN EMERGENCY.

Marian Garrett made a motion to Suspend the Rules. Second, R. Donham II. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian Garrett made a motion to adopt Ordinance No. O-2006-1. Second, J. DeBolt. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian Garrett asked Fiscal Officer, Shelley Craine to review the December, 2005 Bank Reconciliation with Council to explain the Notes. Marian Garrett made a motion to accept the December Bank Reconciliation at a total of $ 325, 027.53. Second, R. Donham II. Robert Donham II made a motion to Suspend the Rules. Second, J. DeBolt. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

At 8:10 PM, Scott Garrett made a motion to enter into Executive Session to discuss the Lawsuits with Attorney, John Latchney. Second, J. DeBolt. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

At 9:00 PM, Marian Garrett made a motion to return to Regular Session. Second, S. Garrett. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian Garrett reviewed the December, 2005 Payment & Charge Register with Council. She made a motion to accept the December 2005 Payment & Charge Register at a total of $146,543.90. Second, R. Donham II. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian Garrett then sought the approval of Council to apply on behalf of the Village of Windham for a Community Distressed Area Grant. Robert Donham II made a motion to approve. Second, S. Garrett. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian Garrett then sought approval of Council for Fiscal Officer Shelley Craine to attend the Local Government Services training Conference in Columbus on March 30 & 31, 2006, with all costs required by the ORC to be born by the Village. Scott Garrett made a motion to approve. Second, J. DeBolt. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian then sought approval of Council for 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. Scott Garrett made a motion to approve. Second J. DeBolt. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian then sought approval of Council for the 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. Marian Garrett made a motion to approve. Second, J. Minotti. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

And lastly, Marian sought approval of Council for the Fiscal Officer to have a standing Authorization to transfer from the Water (Fund 5101) and Sewer (Fund 5201) Operating Funds to the Water (Fund 5721) and Sewer (Fund 5741) Debt Reserve Funds. Marian Garrett made a motion to approve. Second, J. DeBolt. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

The Safety Committee report was presented by Robert Donham, II. He noted that Minutes for the meeting will be presented at a later date.

The Utilities Committee report was presented by Scott Garrett. He gave a brief review of the issues that were discussed, among them being Senior Citizen Discounts for all qualifying residents with a careful look at the financial impact of this on the Village Utilities Fund.

The Streets and Sidewalks Committee report was presented by Jason DeBolt. He gave a brief review of the Committees’ discussion which included issues concerning Jaywalking, replacement of old sidewalks, a potential Garbage ordinance, the repair of the traffic lights and possible parking passes for Village owned parking lots in the Project.

The Village Buildings & Properties Committee was presented by Jodi Minotti. She gave a brief review on the need for continued clean-up plans in the Village. She also introduced the recommendation prepared by Shelley Craine, Fiscal Officer and Kevin Knight, Village Administrator to close the Community Building this year. She noted that a tremendous variance occurred between the amount collected in Revenue and the actual Expense for the Building. Robert Donham II made a motion to close down the Community Building except for keeping on minimal Utilities for 2006. Second, J. DeBolt. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Jodi Minotti made a motion to approve taking sealed bids on the downed timber on the Village property located on Route 303 East with the understanding that the successful bidder will leave the area in good condition. Second, M. Garrett. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Kevin Knight addressed the issue of mowing of Village properties and Park grounds proposal. Kevin asked permission of Council to obtain prices on a mower so that Village employees could take care of the grounds. Council granted their permission.

The Planning and Zoning Committee report was presented by Jason DeBolt. He noted that the Committee met with Village Zoning Inspector Robert Cline. No new Zoning business was presented. Cortland Banks had contacted Mr. Cline about the zoning for the vacant land across from D & A Citgo. Also questions were asked about the closing of the Burger King, but no true reasons were offered.

The Parks and Recreation Committee has not been formed yet. Chairpersons Jodi Minotti and Jason DeBolt will contact the Windham School Board to seek members for this Committee.

The Economic Development and Long Range Planning - no report.

The Records Commission – no report.

The Public Housing Code report was submitted by Chairperson Rachel Barrett who was not able to attend the meeting.

Village Solicitor Mark L. Manlove reported that he and Village Income Tax Administrator Lloyd Billman are continuing to aggressively pursue delinquent Income Tax payers in court.

Other business. Marian Garrett noted that the Tax Incentive Review Committee needs to schedule a meeting to review the Tax Abatement agreement in place with Harbison Walker. It was decided that Marian would contact Harbison Walker to discuss their current financial situation and the Village’s position on the continued Tax Abatement agreement. Jodi Minotti noted that Catholic Charities is creating a Legal Immigration Committee to assist immigrants moving into Portage County. She noted that Windham was among the communities being considered for immigrants to move into.

Shelley Craine requested that Council submit their Committee reports and Agenda items at least 48 hours in advance to avoid last minute preparation for Council Meeting. Marian Garrett suggested that all Committee Chairpersons submit their Agenda items no later than the Friday before the Council Meeting.

With their being no further business to discuss, Marian Garrett made a motion to adjourn the meeting at 9:50 PM. Second, J. DeBolt. Ayes: DeBolt, Donham, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Respectfully submitted,

Shelley Craine, Clerk of Council