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 April 19, 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 - present
Marian Garrett – present
Scott Garrett - present
Jodi Minotti - present

Also present, Village Solicitor Mark Manlove, Village Administrator Kevin Knight, Income Tax Administrator Lloyd Billman, and Corporal Jim Mitchell.

The minutes of the March, 2006 Regular Council Meeting were reviewed. Marian Garrett made a motion to accept as presented. Second, R. Donham. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Shelley Craine presented the Village Fiscal Officer’s Financial report for March, 2006.

Robert Donham II read the Dispatchers, Police, Fire and Rescue Squad (EMS) reports for March, 2006.

Mayor Moore presented the Mayor’s communications. He began by requesting Council’s approval of the resignation of Fiscal Officer Shelley Craine effective Friday, April 21, 2006. Marian Garrett moved to accept. Second, R. Donham. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Mayor Moore continued by recommending that Council approve the Mayor’s appointment of Lloyd Billman, effective April 22, 2006 as the Village Fiscal Officer position at a starting salary of 26,000.00 the first year. (See Exhibit file for letter dated 4-11-06 to Lloyd Billman). Robert Donham II made a motion to accept the appointment. Second, M. Garrett. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Mayor Moore noted that the newspaper ad for the position of full time Income Tax Administrator resulted in eight (8) resumes received. After a recommendation is decided it will be voted on by Council at the April recessed meeting.

The newspaper ad for the position of 1 full time Dispatcher and part time Dispatchers resulted in 29 resumes received. After a recommendation is made by Police Chief and Mayor it will be voted on by Council at the April recessed meeting.

Mayor Moore commented on the letter from Sherriff Kaley and Captain John Risetety thanking us for loaning them the K-9 Vehicle insert. He noted that the cage will be returned should we decide to reinstate the K-9 program here in Windham.

Mayor Moore reported the Mayor’s account for April 2006 generated $33.40 for parking tickets and recording checks.

Mayor Moore requested Council’s approval of Eye’s towing donation ($65.00) back to the Village for the towing of the Police Dept. Ford Cruiser. Scott Garrett made a motion to acknowledge the donation with gratitude. Second, M. Garrett. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Mayor Moore noted that it may be required to change the Council Monthly meeting day from the third Wednesday to a different day to be decided by Council due to a conflict with new Fiscal Officer Lloyd Billman’s schedule.

He concluded his remarks by mentioning that Cortland Banks is signing the Real Estate Property Purchase agreement and will be building a new 2600 sq. ft. Bank with 3 drive thru lanes and an ATM machine.

Phyllis Baker, Chaplain of the Windham American Legion Women’s Auxiliary – Annual Poppy Sale to be held the 1st week of May, 2006 – with the first poppy sold to Mayor Moore as tradition.

Danny Burns requested permission of Council to hold a fund raiser in the Windham Community Center for the Windham High School Football Club toward the end of May. Plans are for a “Texas Hold-em Tournament”. The Football team would clean the hall and take care of any maintenance needed for the tournament. Attorney Manlove advised that further investigation needed to be completed to see if gambling could be held by this group. This request was tabled until the recessed meeting.

Robert Donham II gave the Safety/Personnel/Rules Committee report. He introduced new Ordinance No. O-2006-05 – AN ORDINANCE APPROVING THE RESIDENCY OUTSIDE OF THE VILLAGE OF WINDHAM FOR LLOYD BILLMAN, THE VILLAGE FISCAL OFFICER, PURSUANT TO SECTION 733.262 OF THE OHIO REVISED CODE AND REPEALING ALL OTHER INCONSISTENT ORDINANCE.

Robert Donham II made a motion to suspend the rules for Ordinance No. O-2006-05. Second, S. Garrett. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Robert Donham II made a motion to adopt Ordinance No. O-2006-05. Second, S. Garrett. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Robert then requested Council’s approval of David Fall’s resignation effective May 13, 2006. Robert Donham II made a motion to accept. Second, M. Garrett. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Robert then requested Council’s approval of his resignation from his Council seat effective on the date of his appointed replacement to be voted on by Council. Jason DeBolt made a motion to accept the resignation. Second, M. Garrett. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

The Finance Committee report was presented by Marian Garrett. She reviewed the minutes from the most recent Finance Committee meeting and gave an update on the possibilities of receiving Economic Development State Funding. She stated that the Village continues to find itself in dire financial circumstances and that she and the Committee Members are following the condition of the Village Finances closely to see if the cuts that have been made are sufficient.

She continued by informing the Council that she has contacted Local Government Services, the State Auditor’s office and the UAN software office for assistance in getting training for Lloyd Billman.

She mentioned that a Post- 2004 Audit meeting would be held soon and that the Auditors would at that time strike a balance for the end of 2004. After that, Local Government Services will have to be brought in to assist Lloyd in Reconciling 2005 and 2006.

Marian made a motion to approve the March 2006 Payment Register at a total of $93,601.51. Second, R. Donham. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Marian made a motion to accept the March 2006 Bank Reconciliation with an all Funds balance of $529,183.61. Second, S. Garrett. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Marian concluded with a motion to enter into an Engagement Letter with Local Government Services for 120 hours of training for Lloyd Billman at $37.00/hr, not to exceed $4,440.00. Second, R. Barrett. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Scott Garrett gave the Service Committee report. He began by addressing several Utilities Committee issues.

He introduced new Ordinance No. O-2006-06 adding Section 545.22 – AN ORDINANCE ADDING SECTION 545.22 OF THE CODIFIED ORDINANCE OF THE VILLAGE OF WINDHAM IN ORDER TO PROVIDE BETTER ENFORCEMENT OF CRIMES INVOLVING THEFT OF UTILITIES IN THE VILLAGE OF WINDHAM AND DECLARING AN EMERGENCY.

Scott Garrett made a motion to suspend the rules on Ordinance No. O-2006-06. Second, R. Donham. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Scott Garrett made a motion to adopt Ordinance No. O-2006-06. Second, M. Garrett. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

He introduced new Ordinance No. O-2006-07 adding Section 545.23 – AN ORDINANCE ADDING SECTION 545.23 OF THE CODIFIED ORDINANCE OF THE VILLAGE OF WINDHAM IN ORDER TO PROVIDE BETTER ENFORCEMENT OF CRIMES INVOLVING THEFT OF UTILITIES IN THE VILLAGE OF WINDHAM AND DECLARING AN EMERGENCY.

Scott Garrett made a motion to suspend the rules on Ordinance No. O-2006-07. Second, R. Donham. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Scott Garrett made a motion to adopt Ordinance No. O-2006-07. Second, J. DeBolt. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

He introduced new Ordinance No. O-2006-08 adding Section 545.24 – AN ORDINANCE ADDING SECTION 545.24 OF THE CODIFIED ORDINANCE OF THE VILLAGE OF WINDHAM IN ORDER TO PROVIDE BETTER ENFORCEMENT OF CRIMES INVOLVING THEFT OF UTILITIES IN THE VILLAGE OF WINDHAM AND DECLARING AND EMERGENCY.

Scott Garrett made a motion to suspend the rules on Ordinance No. O-2006-08. Second, R. Donham. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Scott Garrett made a motion to adopt Ordinance No. O-2006-08. Second, J. DeBolt. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

He introduced new Ordinance No. O-2006-09 adding Section 545.99 – AN ORDINANCE ADDING SECTION 545.99 OF THE CODIFIED ORDINANCE OF THE VILLAGE OF WINDHAM IN ORDER TO PROVIDE BETTER ENFORCEMENT OF CRIMES INVOLVING THEFT OF UTILITIES IN THE VILLAGE OF WINDHAM AND DECLARING AN EMERGENCY.

Scott Garrett made a motion to suspend the rules on Ordinance No. O-2006-06. Second, R. Donham. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Scott Garrett made a motion to adopt Ordinance No. O-2006-06. Second, J. DeBolt. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Scott concluded by asking Kevin Knight to introduce his idea on the Windham Student Opportunity Program. Kevin explained that this would provide 3 High School students, 2 to work on Streets and Maintenance, and 1 to work in the Administration Office over the summer. Hours would be limited to 32 per week. Rate of pay: Street Dept: $8.50/hr.; Office $6.50/hr. Scott Garrett made a motion to approve. Second, J. DeBolt. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried

Jason DeBolt presented the Streets & Sidewalks Committee report. He introduced a letter addressed to Mayor Moore dated March 31, 2006 from C&B Rubbish concerning the bad condition of Snow Road. It was discussed that the Village has a right to assess 98% of the cost of improvements. The Council agreed that the owner should have a responsibility to assist in paying for the road maintenance. Mayor Moore and Kevin Knight will negotiate with C&B Rubbish.

Jodi Minotti gave the Village Buildings & Properties report. She reviewed the minutes from the most recent meeting and discussed the continuing problems of garbage and general property upkeep problems in the Village.

She reviewed a letter for Council approval for a request received from Community Action Council for use of Windham Community Center for Summer lunch program for area needy children. It was decided to table this item until the Recessed meeting.

Scott Garrett gave a brief review on the Public Housing Committee. He discussed the problems with following up on properties that are in violation of the housing code. These problems were discussed with George Basista, Jr from Bass Home Inspections, our current housing inspector.

Jason DeBolt gave a brief overview of the most recent Planning and Zoning Committee meeting, highlighting the committee’s intent to seek outside business to relocate within the Village limits.

The Parks and Recreation Committee report given by Jodi Minotti and Jason DeBolt emphasized the continuing problems with contacting the School Board President to obtain representatives from the School Board to sit on the committee as members.

Jodi gave an update from the most recent meeting of the Portage Co. Bicentennial Committee.

Mayor Moore stated that an advertisement would be placed to fill Robert Donham’s seat.

There being no further business, the meeting was recessed until Wednesday, April 26, 2006 at 7 PM. Marian Garrett made a motion to recess. Second, J. DeBolt. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett, J. Minotti. Nays: None. Motion carried.

Meeting was recessed at 9:00 PM and the date of April 26, 2006 at 7:00 PM was set for this recessed meeting..

Respectfully submitted,

Shelley K. Craine
Clerk of Council