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

Minutes of the Regular Council Meeting
held on December 20, 2005

At 7:20 PM, the Honorable Mayor C. James Moore called the meeting to order and led in the Pledge of Allegiance.

Present at meeting: Robert Donham II, Council President - present
Scott Garrett - present
Marian Garrett – present
Rachel Barrett - present
Jodi Minotti - present
Francis Ballard - present

Also present: Mark Manlove, Village Solicitor, Kevin Knight, Village Administrator, Jason DeBolt, Council member-elect, and Police Chief Jack DeSalvo.

The Minutes of the November 17, 2005 Regular Council Meeting, November 19, 2005 Recessed Meeting were presented for review. S. Garrett moved to approve as presented. Second, F. Ballard. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

The Minutes of the November 30, 2005 Special Meeting were presented for review. M. Garrett moved to approve as presented. Second, J. Minotti. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Shelley Craine presented the Village Fiscal Officer’s Financial Reports for the month of November, 2005.

Robert Donham II gave the Village Council President’s Report. He requested that Council consider moving the 2006 Regular Council meetings to the third (3rd) Wednesday of each month.

The Police and Fire Department reports for November, 2005 were read by Robert Donham II.

Mayor Moore gave an update on the OWDA Interim Financing for E. Center Street Sewer Line project. The financing has been approved. A pre-construction Meeting will be held January 13, 2006. Time to be announced.

Marian Garrett presented the Finance Committee report and minutes from the most recent meeting. She reviewed the November 2005 Bank Reconciliation in the amount of $387, 827.65 and made a motion to accept as presented. Second, S. Garrett. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Marian then reviewed the November 2005 Payment Register in the amount of $188,146.62 and made a motion to accept a presented. Second, J. Minotti. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Marian then discussed the need for Estimated Revenue and Temporary Appropriation amounts for Fiscal Year, 2006. She moved to approve $1,567,029.00 Estimated Revenue and $1,546,384.00 Temporary Appropriations with Final Appropriations to be created and presented to the Portage County Auditor’s Office by March 20, 2006. Second, F. Ballard. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Marian then moved to approve $94,581.00 for the Rates & Amounts to be sent to the Portage County Auditor’s Office for Fiscal Year 2006. Second, S. Garrett. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Marian then moved to authorize membership in the Portage County Drug Task Force. Second, F. Ballard. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Marian then made a motion to approve Love Insurance Agency for the Village Insurance at an Annual Renewal Rate of $ 36,595.00. Second, F. Ballard. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Marian presented New Ordinance No. O-2005-25 – An Ordinance amending Ordinance No. 1559 to change the Part-time Water/Waste Water Clerk position to a Full-time position at $8.50 – 9.50 per hour and who shall serve under the Village Administrator and the Village Fiscal Officer and shall be paid one-half from the Water Fund and one-half from the Waste Water Fund, repealing all prior inconsistent ordinances and declaring an Emergency. She moved to suspend the rules. Second, S. Garrett. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Marian then moved to approve Ordinance No. O-2005-25 as read. Second, F. Ballard. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Marian then made a motion to approve a salary increase for the Fiscal Officer, Shelley Craine in the amount of $1,000.00 effective December 11, 2005 for a total annual salary of $27,000.00 This increase is within the Salary pay range Ordinance passed by Council in December, 2004 for this position and is after serving her first year. As Village Fiscal Officer, Shelley Craine was hired on December 13, 2004at a salary of $4,000.00 less than the previous Fiscal Officer. Second, S. Garrett. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Marian continued by making a motion to approve a salary increase for the Income Tax Administrator, Lloyd Billman in the amount of $1,000.00 effective December 11, 2005 for a total annual salary of $22,000.00. This increase is within the salary pay range Ordinance passed by Council in December, 2004 for this position is after serving his first year. As Income Tax Administrator, Lloyd Billman was hired on December 13, 2004 at a salary $4,500.00 less than the previous Income Tax Administrator. Second, F. Ballard. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Marian then presented New Ordinance No. O-2005-26 – An Ordinance amending Ordinance No. 1529 and 1548 to establish the current salaries of all full-time and part-time employees within the Village of Windham, County of Portage and State of Ohio and repealing all prior inconsistent ordinances and declaring an emergency. Marian made a motion to suspend the rules. Second, S. Garrett. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Marian continued by making a motion to accept Ordinance No. O-2005-26 as read. Second, J. Minotti. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Marian explained that the Bureau of Worker’s Compensation has accepted our offer to enter into a payment plan to pay back the remaining amount of $84,950.54 owed from Fiscal years, 2003- & 2004. An initial payment of $25,758.06 was submitted with the letter requesting the payment plan. Worker’s Comp has requested that this amount be paid in full by May, 2006. Marian made a motion to approve the re-payment plan. Second, S. Garrett. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Robert Donham II presented the Safety Committee report and minutes from the most recent meeting highlighting that the Village Vehicle Maintenance record was reviewed. He mentioned that 3 new computers have been donated to the Police Dept. from the Office of Criminal Justice at a value of $4,500.00.

He noted that we currently have three (3) Full-time Officers; however the Village ideally needs 5-7 Full-time Officers including a Detective. It was mentioned that Police Chief Jack DeSalvo may have to run a “light shift” if the Drug Task Force Officer is on duty. Police Chief Jack DeSalvo already has the ability to close the Police Dept as needed.

Robert presented new Resolution No. R-2005-15 – A Resolution authorizing the Mayor and the Village Fiscal Officer to enter into an agreement to join the Portage County Drug Task Force for a Term of One (1) year from January 1, 2006 through December 31, 2006 and declaring and emergency. Robert moved to accept as read. Second, F. Ballard. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Village resident Stacy Brown made a request of Council to seek permission to legally hunt within the Village limits with a bow. The current ordinance prohibits this. After discussion, Robert Donham made the recommendation to leave the current ordinance in place as is.

Scott Garrett presented the Utilities Committee report and minutes. He began by reviewing a letter from Neighborhood Development’s Mike Bogo to Village Administrator Kevin Knight dated 12-20-2005 providing a Summary of the Community Distress Program up to this point.

He continued by mentioning that a letter to the Landlords concerning the new billing requirements for the Utility office has been prepared and will be mailed.

It was also briefly mentioned that the USDA Rural Development E. Center Street Sewer line project will begin in January, 2006 with completion scheduled for August, 2006.

Shelley Craine mentioned that in coordination with Kevin Knight Village Administrator and William Szymanski, Water/Sewer Superintendent, a Civil Rights Compliance report was prepared for the USDA, Rural Development. The purpose of this report is to prove that the Utilities Office does not discriminate as to the provision of Water & Sewer services to the residents of the Village.

Other business:
Mark Manlove conducted the swearing in of Jason DeBolt as the Councilman-elect for the 4-year term beginning January 1, 2006.

Marian Garrett moved to go into Executive Session at 8:47 P.M. to discuss a new Lawsuit filed on December 9, 2005 by former Fiscal Officer Grace Krontiris. Second, F. Ballard. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Marian Garrett moved to return to Regular Session at 9:10 P.M. Second, J. Minotti. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

There being no other business, F. Ballard moved to adjourn the meeting at 9:12 P.M. Second S. Garrett. Ayes: R. Donham, S. Garrett, M. Garrett, R. Barrett, J. Minotti, F. Ballard. Nays: None. Motion carried.

Respectfully submitted,

Shelley Craine, Clerk of Council