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 May 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
Marian Garrett – present
Scott Garrett - present
Jodi Minotti - absent

Also present, Village Solicitor Mark Manlove and Corporal Jim Mitchell.

The minutes of the April, 2006 Regular and Resumed Council Meetings were reviewed. Scott Garrett made a motion to accept. Seconded by Rachel Barrett. Ayes: R. Barrett, J. DeBolt, M. Garrett, S. Garrett. Nays: None. Motion carried.

The Village Fiscal Officer’s Financial report was bypassed due to the bank reconciliation not being complete for April, 2006 and the Fiscal Officer only being on the job for three weeks.

The Village Council President’s Report was given by Scott Garrett. He wanted to thank the Edwards’ for their work on the Join Hands Day in the Community Cleanup. They had it well organized and it was a huge success. He appreciated the effort and the Village appreciates the effort.

The Dispatchers reports and Police, Fire and Rescue Squad (EMS) were not given because they were not available.

Scott Garrett moved to go into Executive Session so that Council could decide upon who would fill the seat vacate by Robert Donham II. Marian seconded the motion. Ayes: Rachel Barrett, Jason DeBolt, Marian Garrett, Scott Garrett. Nays: None. Motion carried. The Council left at 7:15 to go into Executive Session.

The Council returned at 7:23 PM and a motion was made by Marian Garrett to resume the open session and seconded by Rachel. Ayes: Rachel Barrett, Jason DeBolt, Marian Garrett, Scott Garrett. Nays: None. Motion carried.

Scott Garrett nominated Sonya Edwards to fill the unexpired term of Robert Donham II through December 31, 2007. Rachel Barrett seconded the nomination. No other nominations were offered. The mayor closed the nominations and a vote was taken. Ayes: Rachel Barrett, Jason DeBolt, Marian Garrett, Scott Garrett. Nays: None. Motion carried. Scott Garrett wanted to thank both candidates (Sonya Edwards and William Marmet). Sonya has been working very hard with the Income Tax Levy and trying to get it passed. Scott thanked Mr. Marmet for his interest.

Mayor Moore asked for Sonya Edwards to come forward to be sworn in. He asked all to rise and Sonya was sworn in by Village Solicitor Mark Manlove. Sonya then assumed her place in the Council.

Mayor Moore presented the Mayor’s communications. He announced the Memorial Day Parade for May 29, 2006. The parade forms at 11:30 AM and step off 12:00 noon.

The Mayor then gave a report about the Income Tax May 2, 2006 ballot issue. November’s vote was 33% yes vote for the Income Tax. The February vote was 24.6% yes for the Income Tax. The vote on May 2, 2006 was 36% in favor of the Income Tax. He stated we did a little better than the previous two times. The voter turnout also was a total of 363 votes cast with a 46 voter turnaround (46 people would have to vote the other way for the issue to pass versus in February we would have needed 61 votes to switch from negative to positive for the issue to pass versus in November we would have needed 95 votes to switch for the issue to pass). November was a lot larger turnout with 572 votes cast versus 363 on May 2, 2006.

The Mayor then asked if everyone received a copy of Jodi Minoti’s request of council. She stated that her sister had passed away May 11, 2006 and would be attending the funeral during this time. She recommended the acceptance of Sonya Edwards for the open Council seat. She also stated that except for the Income Tax issue coming up and the Utilities Committee, the issues coming up for Council to vote upon should be for a first reading. She stated she is opposed to the ordinance for inspection of single family homes being changed. It has been written for the good and fairness of all concerned and should not be changed.

There were no prior requests of guests to address the Council.

The Safety / Personnel / Rules (SPR) Committee with Rachel Barrett as Chair.

Safety – look at Police schedule as to hours worked and shifts scheduled. If any hours were needed to be cut, the part time police would be cut first. There were four cell phones eliminated. Fire Chief Clair Simpson reported that 2812 had $1150 work done on it. He also said that new hose had been purchased for $2200. Head Dispatcher Mert Hall is still with us at this time. The web site www.gov.com was mentioned for possible grants for police and safety forces. SPR Committee will meet on the second Tuesday following Finance and will start at 7:30 PM.

Finance Committee with Marian Garrett as Chair.

Marian told all they have a copy of the Finance Committee notes. The EPA letter is not quite in the mail but is almost ready to go. The deadline is May 29, 2006. The bad news is the multiple hours put in on the financial projections are worthless. Lloyd and I looking together in the Revenue. The USDA money was deposited into the general funds of the financial line item by his predecessor, so the general fund picture is skewed. We will look again next month at our financial status and if we have to make additional cuts and if so how much. The Bureau of Workers Comp issue is that we have to develop a formula as to how to charge our payment equitably among the funds. Lloyd has spoken with Dean Eyestone and we will have to pay the entire $28,606 for April and May payments.

We also asked Lloyd to create a line item for litigation fees in the appropriations of the general fund. We need to discuss whether we want to apportion the distribution of those.- we may decide that we need to do that. You do not have to be a member of finance if you would like to join us for our sessions.

Marian made a motion to suspend the rules on Ordinance O-2006-13 which would increase the Village Income Tax by .5%. Seconded by Scott and voted. Ayes: Rachel Barrett, Jason DeBolt, Sonya Edwards, Marian Garrett, Scott Garrett. Nays: none. Motion carried.

Marian moved to adopt the ordinance O-2006-13. Seconded by Scott. Ayes: Rachel Barrett, Jason DeBolt, Sonya Edwards, Marian Garrett, Scott Garrett. Nays: none. Motion carried.

Marian moved to suspend the rules on Ordinance O-2006-14 which declares it a necessity to place the .5% Income Tax Increase on the ballot for the August 8, 2006 election. The motion was seconded by Scott Garrett. Ayes: Rachel Barrett, Jason DeBolt, Sonya Edwards, Marian Garrett, Scott Garrett. Nays: none. Motion carried. Marian moved to adopt Ordinance O-2006-14. Seconded by Scott. Ayes: Rachel Barrett, Jason DeBolt, Sonya Edwards, Marian Garrett, Scott Garrett. Nays: none. Motion carried.

There were nineteen cell phones with four removed which would leave us with fifteen. The four to be eliminated were the Mayor, Fiscal Officer, Income Tax Administrator, and Mert Hall head dispatcher effective immediately.

Marian moved to eliminate the four cell phones. Seconded by Scott. Ayes: Rachel, Jason, Sonya, Marian, Scott. Nays: none. Motion carried.

There was a request for the proposed Veterans Memorial to be located on the front lawn of the Portage County Courthouse at a Level III donation level of $1000.00 for a 12 x 12 granite brick with laser engraving. This can be put off until next month and the suggestion was made by Marian that we do so.

Service Committee (Utilities, Housing Code, Buildings & Properties, Streets & Sidewalks) with Scott Garrett as Chair.

Minutes have been passed out.

A new Ordinance No. O-2006-11 to assess a monthly fee for water meters. Scott made a motion to suspend the rules on this ordinance. Seconded by Sonya. Ayes: Rachel, Jason, Sonya, Marian, Scott. Nays: None. Motion carried.

The Ordinance No. O-2006-11 enacting new section 927.06 of the Codified Ordinance of the Village of Windham to assess a monthly fee of $5.00 per month for water meter rentals and to create a fund for meter repair, replacements and maintenance effective July 1, 2006. was then moved for adoption by Scott, seconded by Marian. Ayes: Rachel, Jason, Sonya, Marina, Scott. Nays: None. Motion carried.

Kevin indicated that several fences needed to be repaired around the well fields and sewer plant which will cost about $5600.00. There is a valve on the water tanks which needs to be replaced at a cost of $7000.00. Also a lot of our storm sewers are in bad shape and we can discuss this next month.

Streets and Sidewalks – Jason DeBolt was unable to make this meeting and has spoken with Sonya about taking the Chair of this committee.

Public Housing Code – Rachel Barrett. Discussed recommending the ordinance be changed to approve the single family housing being licensed also. We are going to put that on the back burner and not have any action on that tonight. Keep this in mind for discussion at a later date.

Mayor Moore said that Kevin had indicated Bass Home Inspection was supposed to have some kind of form instead of just issuing 60 and 90 day conditional approval and then extending them. Bass Home is supposed to notify them 20 days before the end of the 60 or 90 days and see where they are instead of just automatically issuing an automatic 60 or 90 day extension. Kevin also asked to give with them on the inspections which has not occurred. He did not call Kevin. Jim Moore has not heard anything back since calling George Bassista two weeks ago, and will be calling him again. Rachel said that George used to provide the Village with a copy of the home inspection which is not being done now. When a bill is turned in, Jim Moore is to be notified and will review the bill.

Sonya mentioned that she has seen reports which have been turned in with the either a checkmark for rehab or don’t rehab and nothing else on the form. It might say gas leak, but it doesn’t say where. Jim said the form could be expanded. Bob Edwards said only some items were checked at the bottom with no specifics.

Village Buildings & Properties – Jodi Minotti

No report due to absence of Jodi.

Planning and Zoning Commission – Jason DeBolt

Jason made a motion to suspend the rules for Ordinance O-2006-12 authorizing a request to the Ohio Board of Building Standards to certify the Village of Windham for enforcement of the residential code of Ohio with the Condition that the Portage County Residential Building Department to exercise enforcement authority. Seconded by Scott. Ayes: Rachel, Jason, Sonya, Marian, Scott. Nays: none. Motion carried.

Motion to adopt the ordinance O-2006-12 by Jason and seconded by Sonya. Ayes: Rachel, Jason, Sonya, Marian, Scott. Nays: none. Motion carried.

Jason will set the meeting date for the special meeting requested by the Architects for the Cortland Banks. The letter was addressed to Kevin Knight as Village Administrator.

Parks and Recreation – Jodi Minotti and Jason DeBolt as Co-Chairs.

The Hot Stove insurance paper has been turned in this year. They are still trying to get in touch with the members on the School Board to set up a meeting but have not yet been successful.

Economic Development and Long Range Planning – Scott Garrett, Chair - No meeting.

Tax Incentive Review – Marian Garrett & Scott Garrett, Council Representatives– Meet only once per year.

Records Commission – Marian Garrett, Chair - no meeting – reluctant to meet until after audit.

Village Solicitor – Mark L. Manlove, Esquire – nothing to report.

No other business.

Guest recognition.

Bob Edwards talked about the cleanup and thanked all who participated

Tom Douglas spoke about cleaning up of junk cars and his property value going down. Mayor Moore spoke to Tracy Mitchell and asked that this be checked out.

Motion made b Jason, seconded by Sonya to go into Executive Session to discuss Lawsuit Issues and Police Department Personnel Issues. Ayes: Rachel, Jason, Sonya, Marian, Scott. Nayes: none. Motion carried. Council left at 8:05 PM to go into Executive Session.

Council returned to open session at 8:30 PM with a motion by Jason and second by Scott. Ayes: Rachel, Jason, Sonya, Marian, Scott. Nayes: none. Motion carried.

At 8:30PM Scott moved to adjourn the meeting. Seconded by Jason. Ayes: Rachel, Jason, Sonya, Marian, Scott. Nayes: none. Motion carried. The next regularly scheduled Council meeting will be held Monday, June 19, 2006.

Respectfully submitted, Lloyd C. Billman, Clerk of Council.