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

Minutes of the Regular Council Meeting
November 17, 2005

Village Council President C. James Moore called meeting to order at 7 PM and led in the Pledge of Allegiance.

Council President Moore requested that all in attendance remain standing for a moment of silence to honor the memory of our dearly departed Mayor Jess E. Starkey.

Village Solicitor Mark Manlove swore in Council President C. James Moore as Mayor of the Village of Windham.

Roll Call: Marian Garrett - present
Jodi Minotti - present
Francis Ballard - present
Robert Donham - present

Scott Garrett – not present

Also present: Village Solicitor Mark Manlove, Police Chief Jacob DeSalvo.

The Council accepted nominations for the position of Village Council President for the remainder of this year from Nov. 17 thru Dec. 31, 2005. Two nominations were brought forward. Marion Garrett nominated Scott Garrett. Francis Ballard nominated Robert Donham II. Voting results: Minotti: Robert Donham II, M. Garrett: Scott Garrett, Ballard: Robert Donham II. Robert Donham II was elected Village Council President through December 31, 2005.

The minutes of the October 11, 2005 Regular Council Meeting were presented and reviewed. M. Garrett made a motion to accept the minutes as presented. Second, R. Donham. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Village Fiscal Officer, Shelley Craine presented the September 2005 Financial reports and the October 2005 Financial reports.

Police and Fire Department reports for September, 2005 were read by Council President Robert Donham II.

Mayor Moore presented the Mayor’s report. He presented the copy of the resignation of Stacy (Strausbaugh) Brown from the Planning and Zoning Committee. F. Ballard made a motion to accept the resignation. Second, J. Minotti. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Mayor Moore appointed Jason Debolt to fill the open position on the Planning and Zoning Committee. F. Ballard made a motion to approve. Second, J. Minotti. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Mayor Moore appointed Jason Debolt to the Recreation (Parks) Board to fill one resident member opening. F. Ballard made a motion to approve. Second, J. Minotti. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Mayor Moore presented a letter from the USDA Rural Development State Director that there are adequate funds available to proceed with the E. Center Street Sewer Line project. The additional $193,000 needed has been approved making the total project cost $1,617,000.00. The project will be begin sometime in January and will conclude in early August, 2006. There is a timeline in the contract for completion.

Mayor Moore confirmed that the Village will receive the new Dump Truck and snow plow for the Street Dept the first week of December, 2005.

Mayor Moore presented the Personnel Committee report. He presented a letter mailed to Windham Township Trustees dated October 17, 2005 postponing the negotiations until after the election.

He continued by presenting a letter mailed to Windham Township Trustees dated November 15, 2005 notifying them that we will schedule a meeting with them after Council’s review and discussion on the comparison of each side’s proposals.

Mayor Moore presented new Resolution No. R-2005-14 to employ Attorney John Latchney to represent the Village with respect to a claim in the Lawsuit styled “Grace Krontiris vs. Village of Windham” in U.S. District Court case No. 5:05CV2317 at a fee of $125.00 per hour plus any court costs advanced. F. Ballard makes a motion to approve. Second, R. Donham. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

The Finance Committee report was given by Marian Garrett. She began by expressing her appreciation to all for the efforts extended on the November 2005 Income Tax Levy and especially wanted to thank Police Chief Jack DeSalvo and his Department for their work and support.

She also presented the November 10, 2005 Finance Committee Meeting Minutes. She mentioned that the Drug Task Force is forming up slowly, which is a county-wide effort. One of our full-time officers will be assigned to this work.

Nancy Bryan from Local Government Services was brought in to assist with October, November and December, 2004 Bank Reconciliations. When those corrections are sent to the office, they will be entered into the 2005 books.

M. Garrett made a motion to accept the September 2005 Bank Reconciliation with a balance of $382,522.31. Second, F. Ballard. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

M. Garrett made a motion to accept the September 2005 Payment Register with a balance of $100,232.38. Second. F. Ballard. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

M. Garrett made a motion to accept the October 2005 Bank Reconciliation with a balance of $467,682.70. Second, F. Ballard. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

M. Garrett made a motion to accept the October 2005 Payment Register with a balance of $73,445.70. Second, F. Ballard. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

M. Garrett made a motion to approve the Fiscal Officer to transfer $77,768.00 from the Sewer Operating fund to the Enterprise Debt Fund to make the December 2005 payment on the Sewer Plant loan. Second, F. Ballard. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

M. Garrett made a motion to approval the Fiscal Officer to pay $14,328.95 to the Ohio Public Employees Retirement System for Jacob DeSalvo. This amount had not been paid during his first six years of employment with the Village. Second, F. Ballard. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

M. Garrett made a motion to approve the Village Administrator’s proposal to provide Village Snow Plowing for the Windham Exempted Schools at $40.00 per hour. The Superintendent of Schools has accepted the proposal. Mark Manlove advised the Council to check the Insurance coverage will cover Village employees and equipment on private property. This is a temporary situation until the School snow plow is delivered. Second, R. Donham. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Mayor Moore noted that the late Mayor Jess Starkey worked hard to secure the donation of a used John Deere tractor with a snowblower from the Windham Township Trustees for maintaining the sidewalks mainly for kids walking to and from school. He extended his appreciation to the Windham Township Trustees. R. Donham made a motion to accept this donation. Second, F. Ballard. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

M. Garrett advised Shelley Craine to check with the Portage County Auditor’s Office as to the deadline for Temporary Appropriations for 2006.

M. Garrett made a motion to approve Shelley Craine, Fiscal Officer to attend State Auditor’s Training for new GASB 34 financial statement format at New Philadelphia, Ohio at a total cost of $35.00 on December 7, 2005. Second, F. Ballard . Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Marion Garrett explained the new income tax proposal for the February 7, 2006 ballot. Voting was delayed on the Ordinances for this proposal due to the absence of Scott Garrett.

Utilities Committee. Shelley Craine expressed her appreciation on behalf of herself and Carol Wilson the Utilities clerk to Francis Ballard for volunteering in the Utilities office with shutoffs and other paperwork processing. Angel Ballard gave a brief update on her observations and experiences during the time she has spent in the Utilities Office.

Mayor Moore reported that Kevin Knight is in the process of getting alarms installed in the Water and Sewer plants, closing the park for the winter, and remodeling the White Building by the Water plant for the Street Department. The Community Center has been closed and the Utilities have been closed down except for the section of the building occupied by the Library.

The Streets and Sidewalks Committee did not meet.

The Village Building and Properties Committee report was presented by Jodi Minotti. Planning and Zoning. She made a few observations on the amount of garbage in the projects. She has driven through the Project and noted the areas that are in the greatest violation.

Mayor Moore noted two variances approved by Board of Zoning appeals, one concerning fence height and one concerning the old trailer on the southside on State Route 303 replacing it with a 14 x 70 trailer upgrade.

The Parks and Recreation Committee did not meet. However, discussion concerning creation of a 2006 Park Calendar was introduced by Marian Garrett. Mayor Moore discussed the membership of the board as well.

The Economic Development and Long Range Planning Committee did not meet.

The Records Commission Committee did not meet.

Other business.

Shelley Craine made a request to close the unused Safety Deposit Box at Cortland Bank. A list of all contents was presented and discussed. Shelley noted that this was desired by the late Mayor Jess Starkey. F. Ballard made a motion to close the Safety Deposit Box with the items to be placed in the fireproof safe in the Administration Office. Second, R. Donham. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Mayor Moore noted that since Rachel Barrett received the highest number of votes in the most recent election and he recommended that she be nominated to fill the unexpired term of C. James Moore until December 31, 2005. F. Ballard made a motion to approve her nomination. Second, M. Garrett. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Guest Recognition:

Marion Quiggle noted that the Project needs to be cleaned up. He stated that Norman Oles is the only Landlord to show up at meetings and take an interest.

Judy and Rosko Burkett stated that the Managers should be held responsible. She suggested that Juveniles that need to do community service be given the job of picking up the trash.

At 8:15 P.M., the Council went into Executive Session based on the need to discuss the legal issues with Grace Krontiris and the Olson lawsuit. M. Garrett so moved. Second, F. Ballard. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

The Council returned to Regular Session at 8:45 P.M. R. Donham so moved. Second, F. Ballard. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

At 8:47 P.M., M. Garrett made a motion to recess the meeting until Saturday, November 19, 2005 at 8 A.M. Second, F. Ballard. Ayes: R. Donham, M. Garrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Respectfully submitted,
Shelley Craine, Clerk of Council