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 March 15, 2006

At 7:00 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 - absent
Marian Garrett – present
Scott Garrett - present
Jodi Minotti - present

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

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

The Honorable Mayor C. James Moore presented the 2005 Annual Mayor’s Report (ORC Section 733.223). (attached to Exhibit file)

Village Fiscal Officer Shelley Craine, presented the January, 2006 Financial Reports. She mentioned that a list of Conference classes were given to each Council member, an advertisement for the unaudited 2005 books were available for Public inspection, and that a website link for the State Auditor’s Office was given as well as a current copy of Best Practices from Betty Montgomery’s office dealing with issues related to fraud.

Dispatchers, Police, Fire and Rescue Squad (EMS) reports for Jan., 2006 & Feb., 2006 were read by Council President Scott Garrett. (attached to Exhibit file)

Mayor Moore presented a letter of appreciation for the donation of two (2) photocopiers to the Police Department. He also inquired about the status of revisions for the Council rules.

Chris Craycroft, Director from the Portage Park District asked to speak to the Council and visitors regarding the opportunity to extend the Portage Hike & Bike trail from Ravenna to Windham Village (8.5 miles). Jason DeBolt made a motion to submit a letter of support. Second, S. Garrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried. (attached to Exhibit file)

Council President Scott Garrett presented the agenda items for the Safety/ Personnel/Rules Committee. Council discussed the purchase of the new Fire Truck for the Windham Fire Department. It was decided to refer a request of Council for a policy for Jury Duty for all Village employees to the Personnel Committee. Scott read the donations list for 2005 from Quill Corporation for the Police Auction. (list of items is attached to official copy).

Scott Garrett made a motion for Council approval of the K-9 Dog Cage to the Portage Co. Sheriff’s Dept. Second, J. DeBolt. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian Garrett made a motion for Council approval to create a budget line item for the Portage County Drug Task Force at a beginning balance of $400.00 with a recommendation for control of reporting for the requested Gas card and the Mileage. Second, S. Garrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Scott Garrett made a motion to approve Overtime pay rate for evening hours worked by Carol Wilson, Utilities Clerk during the week of February 26 – March 4, 2006. Total evening hours: 9 hours Total cost: $40.50 (Overtime amount only – does not include Regular Hourly wage which has already been paid). This was time worked after she served Jury Duty.

Marian Garrett made a motion to table this item until the Personnel Committee constructs a policy for Jury Duty pay. Second, J. Minotti. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

New ORDINANCE O-2006-3 AMENDING ORDINANCE NO. 1548 TO AMEND THE COMPENSATION CHARGED FOR SPECIAL DUTY OFFICERS AND POLICE CRUISER, DECLARING AN EMERGENCY AND REPEALING ALL PRIOR INCONSISTENT ORDINANCES. Scott Garrett made a motion to suspend the rules. Second, R. Barrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Scott Garrett made a motion to accept Ordinance O-2006-3. Second, R. Barrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

RESOLUTION No. R-2006-4 A RESOLUTION AUTHORIZING A LAWSUIT SETTLEMENT. This item was discussed in Executive Session.

A counter-proposal to Windham Twp. Trustees for the Joint Fire District was discussed in Executive Session.

Marian Garrett made a motion for Council acceptance of the January 2006 Payment Register, Checks # 15769 through # 15887 at a total of $93,905.29, plus the January 2006 Charge Register Disbursements at a total of $13,518.51 for a total Disbursement of $107,423.80. Second R. Barrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian Garrett made a motion for Council acceptance of the January 2006 Bank Reconciliation at a total of all funds: $422,118.25. Second, R. Barrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

RESOLUTION No. R-2006-5 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE FISCAL OFFICER OF THE VILLAGE OF WINDHAM TO ENTER INTO A CONTRACT WITH COMDOC SERVICES FOR COPIER EQUIPMENT, MAINTENANCE AND SUPPLIES FOR A PERIOD OF FIVE (5) YEARS COMMENCING APRIL 1, 2006 AND DECLARING AN EMERGENCY. This is for a 60-month Lease for a multi-function photocopier & maintenance service for the Administration and Police Departments. For Administration: Model 303SPF at $151.00/month. For Police: Model 3228C at $149.00/month. Marian Garrett made a motion to adopt. Second, S. Garrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian Garrett made a motion for Council approval for Carol Wilson, Utilities clerk and Lloyd Billman, Income Tax Administrator to attend a 1-day software training conference (SSI) in Cuyahoga Falls, Ohio on March 22, 2006. Shelley Craine and Kevin Knight will cover the office in their absence. Cost $60.00 each. Second, S. Garrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian Garrett made a motion for Council adoption of the 2006 Amended Certificate of Anticipated Revenue at a total of all funds: $2,179,230.69. Second J. DeBolt. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian Garrett made a motion for Council adoption of the 2006 Final Appropriations at a total of all funds: $2,138,124.00. Second R. Barrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian Garrett made a motion for Council approval for the State Auditor’s Contract amendment for the 2004 Audit. Original cost estimate: $16,000.00 (letter dated December 29, 2005). Martin R. Kubic, Chief Auditor is advising the Council through a letter dated March 1, 2006 that the amended amount for the 2004 Audit has been increased by $19,000.00 for a total of $35,000.00. Second, J. DeBolt. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

A proposal to eliminate the Permanent Improvement Fund was discussed. A decision will be made contingent on recommendation by the State Auditor.

The Utilities Committee report was given by Scott Garrett. Minutes were submitted.

Discussion was held on pending Council approval for the Water, Sewer & Street Department employees to work a 4 – 10 hour day per week. This proposal eliminates overtime in these Departments.

New ORDINANCE O-2006-4 AN ORDINANCE AMENDING SECTION 155.05(b) OF THE CODIFIED ORDINANCE OF THE VILLAGE OF WINDHAM TO PAY HOURLY EMPLOYEES HOLIDAY PAY BASED UPON THEIR HOURLY SCHEDULE DECLARING AN EMERGENCY AND REPEALING ALL PRIOR INCONSISTENT ORDINANCES. Scott Garrett made a motion to suspend the rules. Second, M. Garrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Scott Garrett made a motion to adopt Ordinance O-2006-4. Second, J. Minotti. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Scott Garrett made a motion to approve the new employment agreement with David Fall. Second, R. Barrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Jason DeBolt presented the Streets and Sidewalks report. Minutes were prepared, but due to a printer malfunction, they will be presented at next month’s meeting. Kevin Knight mentioned that the Traffic Lights have been repairs. Needed street patching of potholes will begin in the next week.

Jodi Minotti gave the Village Buildings & Properties report. Minutes were submitted.

Marian Garrett made a motion for Council endorsement to remove the Post Office collection box at the East Center Street Shopping Center due to low usage at the recommendation of the Windham Postmaster. Second, S. Garrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Discussion was held on the planned Village Spring Cleaning event on April 28, 29, 30, 2006. The Village will coordinate with the Township. Scott Garrett made a motion to permit use of Village Vehicles with Village employees donating their time to aid with removal of large items. Second, J. Minotti. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

A request was presented for use of the Community Building and for a Saturday special Village Spring Cleaning event at no fee with the use of no utilities inside the building. Scott Garrett made a motion to approve. Second, J. Minotti. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

New Mower purchase was approved at $7,878.00 (Canfield New Holland Model 927061. Motion to approve purchase, Jodi Minotti. Second, S. Garrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Rachel Barrett gave a report for the Public Housing Committee. Minutes were presented. She distributed a copy of the current Housing Code to all Committee members for their reference.

Jason DeBolt presented the Planning and Zoning Committee report.

RESOLUTION R-2006-6 A RESOLUTION IN SUPPORT OF THE PORTAGE HOUSING IV HOUSING CREDIT PROGRAM PROPOSED BY THE COMMUNITY & ECONOMIC DEVELOPMENT CORPORATION TO CONSTRUCT UP TO 30 NEW HOMES THROUGHOUT PORTAGE COUNTY, TO HELP REBUILD AREAS IN NEED OF REVITALIZATION, AND DECLARING AN EMERGENCY. (4 to be built in Windham) Scott Garrett made a motion to approve. Second, J. DeBolt. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Jason discussed a draft letter that he is creating for potential businesses to locate in Windham. He is going to contact the Arsenal to see if the access road to Route 225 can be opened.

Parks and Recreation Committee report was presented by Jodi Minotti and Jason DeBolt, Co-Chair. Jason will contact the Windham School Board to set-up Committee membership.

Jodi Minotti gave a report from Portage Co. Bicentennial Committee.

Marian Garrett gave an update on her effort to apply for a Community Distress Grant for the Village. She needs to secure support documentation and there is a June 1, 2006 deadline for application.

Tax Incentive Review Committee was presented by Marian Garrett. Marian made a motion for Council approval to accept the recommendation of the Tax Incentive Review Committee to continue the Enterprise Zone agreement with Harbison-Walker for 2006 (6th year of a 10 year agreement). Second, S. Garrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Other business. Marian Garrett reviewed the meeting she attended at the Summit-Portage Port Authority regarding possible funding.

It was also mentioned that the Annual Fireman’s parade is cancelled this year due to the Sewer Line project.

The following Guests were recognized:

  • Robert Edwards – Join Hands Day – May 6th Clean-up – Registration Forms are available at Edwards-Gearheart Realty. The Record Courier and the Villager will be doing “before, during & after” stories featuring the clean-up efforts.
  • Virginia Hurster – discussed with Council her 1999 & 2004 Income Tax issues.
  • Matt McManus – discussed with Council his Income Tax issues.
  • Jennifer Terry – inquired about Fall Cleanup – specifically issues regarding Leaf cleanup. This was referred to the Streets & Sidewalks Committee.
  • Sonya Edwards inquired about an Ordinance to enforce use of Garbage Cans/Pickup issues and general clean-up issues in the Village.
  • Don Forsythe – discussed with Council the Block watch issues. He also asked “How did the Village lose records?” “How can parking be enforced?” And also Safety issues with Children as a priority. He stated the need for more activities for kids in the Village such as Teen Dances.
  • Joe Quickle suggested that after the Clean-up day, that trash containers be placed around town.
  • Allen Long inquired about Ordinances regarding junk cars in the Village with no license plates.

At 9:45 PM, Rachel Barrett made a motion to go into Executive Session to discuss Lawsuit Issues and Personnel/Bargaining Issues. Second, M. Garrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

At 10:05 PM, Marian Garrett made a motion to return to Regular Session. Second, R. Barrett. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Marian Garrett made a motion to approve

RESOLUTION R-2006-4. A RESOLUTION AUTHORIZING A LAWSUIT SETTLEMENT. Second, J. Minotti. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Rachel Barrett made a motion to adjourn the meeting at 10:10 PM. Second, J. Minotti. Ayes: Barrett, DeBolt, M. Garrett, S. Garrett, Minotti. Nays: None. Motion carried.

Respectfully Submitted,

Shelley K. Craine
Clerk of Council