Village of Windham, Ohio
9621 E. Center Street Windham, OH 44288

Council Minutes
From the Regular Meeting held on
October 11, 2005

At 7:05 P.M., Village Council President C. James Moore called the meeting to order and led in the Pledge of Allegiance. Mayor Starkey was unable to attend due to illness.

Present at Meeting: C. James Moore - present
Scott Garrett - present
Marian Garrett - present
Jodi Minotti - present
Francis Ballard - present
Robert Donham - present
Also in Attendance: Mark Manlove, Village Solicitor

Village Fiscal Officer Shelley Craine presented the August, 2005 Financial Reports for Council review. She also noted that a new document entitled “Charge Register” was being presented to show the payments that are made over the internet (Utilities, etc).

Jim Moore gave the Village Council President’s Report. He recommended changing the November 8, 2005 Regular Council Meeting date to the following week of Tuesday, November 15, 2005 because of Election Day falling on November 8th. All present agreed.

He appointed Robert Donham as the third member of the News and Communications Committee to enable better communication with the public. The other members of the committee are Marian Garrett and Jim Moore. Former Councilwoman Stacy Brown was the previous member.

Jim reported that he called the Board of Elections to have them demonstrate the new electronic voting machines for the Village and Township Voters, this Thursday, October 13, 2005 between 6 – 8 PM here in Council Chambers. There will be two machines for demonstration and practice.

The Village website status is continuing to be updated with Council Minutes and pictures of the Council and Employees of the Village. A button will be added on the Home page for the Good Start program.

Jim reviewed a letter dated Oct. 11, 2005 to USDA Rural Development recommending acceptance of the Village Engineer’s recommendation of the successful bid award for the East Center St. Sewer project.

Scott Garrett read the Police and Fire Department reports for September, 2005.

Frank Hairston, Marketing and EEO Director from Portage Area Regional Transportation Authority (PARTA) addressed Council on Issue 9 – a renewal levy on the ballot in the upcoming November, 2005 election. He gave examples of how Windham residents use the PARTA system to access all areas of Portage County as well as Summit and Cuyahoga Counties in conjunction with their bus systems. Council expressed their appreciation for the services that PARTA provides to area residents and wholeheartedly gave their support to Issue 9. S. Garrett made a motion to endorse Issue 9. Second, J. Moore. Ayes: J. Moore, S. Garrett, M. Garrett, J. Minotti, F. Ballard, R. Donham. Nays: None. Motion carried. Shelley Craine will provide the needed certification to PARTA on Council’s behalf.

Jim Moore gave the Personnel Committee report by informing Council that Grace Krontiris and her Attorney David Benjamin have filed a new Lawsuit filed on September 30, 2005. The Village will need Legal Representation. An inquiry has been made to see if the Village Insurance will cover any costs. This issue was discussed further in Executive Session.

Jim gave an update on the Lawsuit filed by Jim Olson (dba Jim’s Fuel & Deli) and the Village’s counterclaim concerning Olson’s Car Wash business flooding. This legal issue is scheduled for Trial on November 15, 2005. Olson’s attorney, Frank Cimino has filed for a continuance (to postpone the trial). We are awaiting the Judge’s decision. Jim continued by giving an update on the meeting with the Windham Twp. Trustees on an Operating Agreement and EMS billing Agreement and an Agreement to explore a Joint Fire District. All issues have stalled.

Marian Garrett presented the Finance Committee report. The Council reviewed the August 2005 Bank Reconciliation and the August 2005 Payment Register. M. Garrett made a motion to approve the August 2005 Bank Reconciliation at a total of $371,156.16. Second, F. Ballard. Ayes: J. Moore, S. Garrett, M. Garrett, J. Minotti, F. Ballard, R. Donham. Nays: None. Motion carried.

M. Garrett made a motion to approve the August 2005 Payment and Charge Register at a total of $139,256.01. Second, F. Ballard. Ayes: J. Moore, S. Garrett, M. Garrett, J. Minotti, F. Ballard, R. Donham. Nays: None. Motion carried.

Marian gave an update on Status of the State Auditor’s beginning the 2004 Audit. She placed a call to Erik Holesko, Auditor in charge of the 2004 Audit and left a message. A return call has not been received.

Marian wrote a letter to USDA Rural Development requesting an additional $193,000 to meet the cost of the amount over the actual costs for the construction of the New E. Center St. Sewer Line project.

Marian reported that dates of October 29 and November 5, 2005 have been scheduled at the Shopping Center for a table in support of the Income Tax Levy. The table will be staffed 9 AM to 2 PM by volunteers and literature will be available concerning the need for the Levy. Signs will be posted around the village the week prior to the election.

Jim Moore gave the report for the Safety Committee. He submitted a copy of the minutes of the October 4, 2005 Safety Meeting. He introduced and read New Resolution No. R-2005-13 to continue the use of Laptop Computers in the Police Cruisers enabling the Police Officers to access the Ohio Leads while on Patrol. Contract is with Warren, Ohio City Police Department. This is a renewal at the same price as 2005. S. Garrett moved to approve as read. Second, F. Ballard. Ayes: J. Moore, S. Garrett, M. Garrett, J. Minotti, F. Ballard, R. Donham. Nays: None. Motion carried.

Jim continued the report by reviewing the additions and deletions to the Windham Fire Depart- ment Personnel Roster. Those added are: New Reserve Firefighters: Steven Hessler, Frank Barker, Frank Starkey, Bill Simpson, Darryl Cottle, Mike Welcome. New EMT – Basics: Lorie Stankiewiz, Josh Hartman. Those dropped from Roster are: Reserve Firefighters: Brandon Alter, Zach Dean, John Capitoni, Dennis Stewart. F. Ballard moved to accept the changes to the Roster as presented. Second, M. Garrett. Ayes: J. Moore, S. Garrett, M. Garrett, J. Minotti, F. Ballard, R. Donham. Nays: None. Motion carried.

Jim announced that Village Halloween Trick or Treat activities will be held on Monday, October 31 from 6-8 PM. M. Garrett moved to approve. Second, F. Ballard. Ayes: J. Moore, S. Garrett, M. Garrett, J. Minotti, F. Ballard, R. Donham. Nays: None. Motion carried.

The Utilities Committee report was presented by Scott Garrett. He presented and read New Ordinance No. O-2005-20 granting a temporary easement from the Village of Windham to the Ohio Department of Transportation on East Center Street (State Route 303) for the purpose of replacing a culvert declaring an emergency and repealing all prior inconsistent ordinances. S. Garrett made a motion to suspend the rules and place the Ordinance for a vote. Second, F. Ballard. Ayes: J. Moore, S. Garrett, M. Garrett, J. Minotti, F. Ballard, R. Donham. Nays: None. Motion carried.

S. Garrett made a motion to adopt Ordinance No. O-2005-20 as read. Second, F. Ballard. Ayes: J. Moore, S. Garrett, M. Garrett, J. Minotti, F. Ballard, R. Donham. Nays: None. Motion carried.

Scott provided a brief update on Billing to Landlord’s for their tenant’s monthly water & sewer usage. It was mentioned that this is going to require a plan for implementation in the Utilities Office. Kevin mentioned that they will begin with the Project one road at a time and it will be a gradual process beginning with the January end of month billing.

It was announced that Bill Pennington will begin on October 17, 2005 as a Water and Sewer Operator Trainee at $10.40 per hour.

Francis Ballard mentioned that the Streets and Sidewalks Committee did not meet, however, a meeting will be scheduled for the first Tuesday of November.

Jodi Minotti gave a brief report for the Village Building and Properties Committee and mentioned her continuing work on the upcoming Production to be held in the Community Building. She will bring pictures of past productions she has directed.

Village Administrator Kevin Knight is working with the School Board to obtain a right of way, at no cost to the Village, for an Asphalt Parking lot on School Board owned Property behind the Community Building for Parking for events in the Community Building.

The Minutes for the Planning and Zoning Committee were submitted by Jim Moore. There is a Board of Zoning appeals Meeting scheduled for November 14 at 6 PM to hear and decide on two variances. See the Zoning Committee minutes for specific details.

Jodi Minotti announced that the Parks and Recreation Committee did not meet as she was uncertain as to whether a Committee still existed based on the Mayor’s recommendations of the previous month.

Marian Garrett gave an update for Economic Development and Long Range Planning Committee and reported on the September 26, 2005 Good Start meeting with Joyce Gray. She mentioned that the group is beginning to work on a Neighborhood Watch Program for Village and Township residents which will be coordinated by Police Chief Jack DeSalvo and Kevin Knight.

The Records Commission report was given by Marian Garrett. Work is continuing by the Administration Office Staff on the organization and identification of the Village records. Once another listing of documents for destruction is completed, she will bring it to Council.

Mark Manlove, Village Solicitor did not have anything new to report.

Other business:

Marian Garrett on the Portage Co. Bicentennial Committee gave a brief report and suggested that we might consider painting the Windham Water Tower for the Bicentennial.

Shelley Craine, Fiscal Officer to close Safety Deposit Box at Cortland Bank. The Council advised her to bring a complete list of the documents she found in the Safety Deposit Box. The annual cost is $20.00. It has not been used for a number of years.

Guest Recognition:

Rosko Burkett raised a question concerning the Street Light at Route 303 and Maplegrove and wondered why it was Flashing on Caution. He is concerned about the safety of our Village’s children when school lets out. He suggested that a Police Officer be on duty at the corner until the light is repaired. Response: Kevin Knight mentioned that the parts to repair the Street Light are on order and the Street Light will be repaired. The Council agreed that having a Police Officer there is a good idea and Jim volunteered to mention to Police Chief Jack DeSalvo.

Marion Quiggle mentioned his concern about a lady that drives around town in her electric wheelchair. She often has children riding or hanging onto the wheelchair and he feels this is a safety issue that needs to be addressed. Response: Jim mentioned he will pass this information on to Police Chief Jack DeSalvo.

F. Ballard moved to go into Executive Session at 8:30 PM to discuss New Lawsuit from Grace Krontiris, the Olson Car Wash Lawsuit, and Legal issues – Windham Twp. Trustees. Second, S. Garrett. Ayes: J. Moore, S. Garrett, M. Garrett, J. Minotti, F. Ballard, R. Donham. Nays: None. Motion carried.

F. Ballard made a motion to return to Regular Session at 8:38 PM. Second, Marian Garrett. Ayes: J. Moore, S. Garrett, M. Garrett, J. Minotti, F. Ballard, R. Donham. Nays: None. Motion carried.

There being no further business, F. Ballard made a motion to adjourn meeting the meeting at 8:40 PM. Second, M. Garrett. Ayes: J. Moore, S. Garrett, M. Garrett, J. Minotti, F. Ballard, R. Donham. Nays: None. Motion carried.

Respectfully submitted,
Shelley Craine, Clerk of Council