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

Minutes of the Meeting of the Village Council
June 14, 2005 – 7:00 P.M.

At 7:02 P.M., Mayor Starkey called the Meeting to order and led the Pledge of Allegiance.

Roll Call: C. James Moore - present
Marian Garrett – present
Robert Donham – present
Scott Garrett - present
Jodi Minotti – present
Absent - Francis Ballard

Minutes of the April 12, 2005 and May 10, 2005 Regular Council Meeting were presented and reviewed by Council. A correction was made to the May 2005 minutes under the Finance Committee report; it should be so noted to say “A General Fund printout for 2004 will be delivered to each Council Member to peruse prior to that meeting.” Jim Moore made a motion to accept the minutes as corrected. Second, M. Garrett. Ayes: J. Moore, M. Garrett, S. Garrett, R. Donham, J. Minotti. Nays: none. Motion carried.

Shelley Craine presented the Financial Report for the months of April and May 2005. Shelley noted that due to her absence at last month’s Council meeting, the Financial Report for March, 2005 was not presented to Council and apologized for the oversight. She reported that she will bring the March 2005 before Council at the July meeting. Marian Garrett made a motion to accept the April 2005 Bank Reconciliation at a balance of $447,730.55 and the May 2005 Bank Reconciliation at a balance of $514,573.28. Second, S. Garrett. Ayes: J. Moore, M. Garrett, S. Garrett, R. Donham, J. Minotti. Nays: none. Motion carried.

Marian Garrett made a motion to accept the April 2005 Payment Summary with a total of $86,077.91 and the May 2005 Payment Summary with a total of $130,203.68. Second, S. Garrett. Ayes: J. Moore, M. Garrett, S. Garrett, R. Donham, J. Minotti. Nays: none. Motion carried.

Jim Moore presented the Village Council President’s Report. He mentioned that he has been in contact with a local person who has completed very nice websites for other municipalities at a reasonable price. He stated we need a policy for use. Scott Garrett inquired as to which fund the monies would be taken to fund this website. Marian answered that initially it would come from the General Fund and anything that was posted later on, the cost would be applied to the appropriate fund. Mark Manlove stated that it is often helpful to post the Codified Ordinances and Zoning information. Jim Moore made a motion to get a website online for the Village. Second, S. Garrett. Ayes: J. Moore, M. Garrett, S. Garrett, R. Donham, J. Minotti. Nays: none. Motion carried.

Jim mentioned two letters, one dated May 23, 2005 concerning request of Windham Township Trustees to reduce the cemetery lot fees for Village residents to the same prices as Township residents and the second letter dated May 12, 2005 to Rick Kubic, Director of the Youngstown area Division of the State Auditor’s Office. The letter was a follow-up to a telephone conversation with Councilwoman Marian Garrett requesting a change of our State Audit team to do our 2004 Audit and a list of a few outside Auditing firms approved by the State since another State Audit team is not available.

The Police and Fire Department reports for May, 2005 were presented by Jim Moore.

Mayor Jess Starkey stated that he had received a $300.00 gift from Chloe Small and Susan Malmesur to pay for the electric costs to run the fountain in front of the Community Center. Marian Garrett made a motion to accept the gift with gratitude. Second, S. Garrett. Ayes: J. Moore, M. Garrett, S. Garrett, R. Donham, J. Minotti. Nays: none. Motion carried.

The Mayor made a request of Council to seek permission to place ads in the Record Courier and Weekly Villager to seek sealed bids for the Dump Truck – on June 19, June 26 and July 3, 2005 with bid opening on July 11 at Noon. Jim Moore made the motion to proceed with the bidding process. Second, R. Donham. Ayes: J. Moore, M. Garrett, S. Garrett, R. Donham, J. Minotti. Nays: none. Motion carried.

The Mayor made a request of Council for the passage of the approval of Agricultural applications (used of Village land for Agricultural use)for Jim and Patty Moore and Ken and Nancy Morris. These will be filed with the Portage Co. Auditor’s Office. R. Donham moved to approve the acceptance of the applications. Second, M. Garrett. Ayes: M. Garrett, S. Garrett, R. Donham, J. Minotti. Nays: none. Abstain: J. Moore. Motion carried.

Prior requests of guests to address Council. Phyllis Baker, a member of the American Legion Auxiliary presented to Council the opportunity to sell Poppies for the Veterans.

The Personnel Committee report was given by Jim Moore. He reviewed a proposal dated June 2, 2005 to Windham Township Trustees to form a Joint Fire District under the Ohio Revised Code, giving the Trustees until June 16, 2005 at their next Trustee’s meeting to respond.

Jim presented Resolution No. R-2005-7 in support of creating a Joint Fire District with Windham Township Trustees in order to establish Fire EMS Protection for all residents of the Township and Village under a District that allows for fair representation of all parties. Jim Moore made a motion to accept. Second. R. Donham. Ayes: J. Moore, M. Garrett, S. Garrett, R. Donham, J. Minotti. Nays: none. Motion carried.

Jim Moore made a motion to appoint Scott Garrett as the Village Representative to serve on the Joint Fire District Board in the event of the Village and Township both passing legislation to form a Joint Fire District. The Board should consist of not less than (3) Three board members, (1) One Village Council person, (1) One Township Trustee and (1) One appointed Citizen. Second, J. Garrett. Ayes: J. Moore, M. Garrett, R. Donham, J. Minotti. Nays: none. Abstain: S. Garrett. Motion carried.

Jim mentioned that the current Fire District Levy is up for a 5-year Renewal this Fall. The Village Council prefers that all new Levies be decided by a new Joint Fire District Board. Should that not occur, Village Council will then decide its direction on Fire/EMS issues.

Jim reviewed the Unemployment Compensation Claim awarded to former Village Fiscal Officer Grace Krontiris is under Appeal by the Village. It is the Village’s position that she resigned her position and was not laid off. The total claim cost to the Village will be $7,982.00 unless reversed. (last payment to be made week-ending July 2, 2005)

Jim Moore announced that the Jim Olson Lawsuit against the Village and the Village’s counter-claim is set for pre-trial November 10, 2005 and Jury trial November 15, 2005 before Judge John Enlow.

The Finance Committee report was presented by Marian Garrett. She presented Ordinance No. O-2005-11 to add Section 181.12 to provide for Questionnaires and Registration by the Village Income Tax Administrator and provide for penalties for failing to comply. Marian made a motion to suspend the rules to enable the Ordinance to be voted upon at the meeting. Second, S. Garrett. Ayes: J. Moore, M. Garrett, S. Garrett, R. Donham, J. Minotti. Nays: none. Motion carried.

Marian, then made a motion to adopt the Ordinance as presented. Second, J. Moore. Ayes: J. Moore, M. Garrett, S. Garrett, R. Donham, J. Minotti. Nays: none. Motion carried.

Marian presented the report from Income Tax Administrator Lloyd Billman and noted that the Village has collected $39, 268.69 more when compared to the same period last year.

Marian made a motion to approve the 2005 Certificate of Estimated Resources of $2,242,895.02 and 2005 Appropriations not to exceed revenue by fund. Second, J. Moore. Ayes: J. Moore, M. Garrett, S. Garrett, R. Donham, J. Minotti. Nays: none. Motion carried.

The Safety Committee report was presented by Jim Moore. Minutes of the June meeting were given to Council members. Suspects were arrested for the robbery at the Dairy Mart on May 20, 2005. Two taser guns were purchased with the money donated by Mrs. Belden. A grant for a new Generator is being pursued when the application is ready, Council will have to approve it.

The Utilities Committee reported was given by Scott Garrett. He gave a brief update on USDA and CDBG grants/loan for the East Center Street new Sewer Line, mentioning that right aways for utility easements were being sought. Scott furthered by mentioning the Committee’s desire to consider a new Ordinance to have Landlords pay the Water/Sewer bills for tenants to take effect in January 2006.

Scott mentioned that we are behind on the scheduled maintenance for the Water Tower. It should be maintained every 5 years and it will cost about $8,000 to drain and grease the interior of the tower to prevent rust.

Scott reported that the clear wells are being cleaned. It is a three-day process which began on June 13, 2005.

It was noted that a request was received to purchase a Manlift to be used jointly by the Water, Sewer and Street Depts. at an estimated cost of $5,000 - $10,000.

Scott mentioned that the “Temporary Status” placed on Utility customers will be eliminated. He also noted that the two water main breaks have been repaired.

A report was not given for the Streets and Sidewalks Committee as Francis Ballard’s son is hospitalized and she was unable to attend the meeting. Kevin Knight noted that we need to address the overhanging limbs and shrubbery preventing access to the Village sidewalks. It was suggested that a letter be issued to property owners. Further action would require an Ordinance and vote by Council.

The Village Building and Properties Committee report was given by Jodi Minotti. She presented the minutes of the June meeting. It was noted that no committee members attended the meeting. Council noted that members need to be sought to serve on this committee from the Community and School Board.

A request received from Rev. Richard Collins of the House of Prayer Church for use of the property behind the Fire Station for a Tent Revival to be held the first or second week of August, 2005 was discussed. The Revival will be conducted by Rev. Jerry Cottrell of West Virginia. (Previous requests have been approved in years past.) The Council would like to have a Certificate of Liability Insurance from the Church to cover any injuries while on Village property.

Jim Moore presented the minutes of the June meeting of the Planning and Zoning Committee.

Jodi Minotti presented the Parks and Recreation Committee report along with the minutes from May and June 2005 meetings. The deplorable conditions of our park were discussed.

The Economic Development and Long Range Planning Committee report was given by Marian Garrett. She thanked all who attended the Hooverman Center Meeting: Scott Garrett, Ruth Roth, Carolyn Miller, Jesse Chase, and Police Chief Jack DeSalvo. This group gathered to develop means to assist and help the Windham Community and make available services known. Scott Garrett gave a brief report on the meeting.

Marian reported that the Good Start Committee funding has not been firmed up. She has been in contact with Joyce Gray in this regard.

The Records Commission report was given by Marian Garrett. She noted that the Archived Records are going to be sorted, boxed, labeled and inventoried beginning Wednesday, June 15, 2005 and every Wednesday thereafter until complete. This process will be supervised by Shelley Craine, Fiscal Officer with the assistance of the Records Commission Committee as needed. Any destruction of records will be conducted only after a thorough review by consultation with the Ohio Historical Society and any other required entities. The Office will be staffed and open during this process.

The Council recognized the following Guests: Judy Burkett who asked some questions concerning the change to the Landlords paying the water/sewer bills and mentioned continuing problems with dogs running loose. Marian Quickle thanked those involved with the clean-up of the “junkyard” in his neighborhood.

Robert Donham made a motion to adjourn the meeting. Second, M. Garrett. Ayes: J. Moore, M. Garrett, S. Garrett, R. Donham, J. Minotti. Nays: none. Motion carried. The meeting was adjourned at 8:37 PM.

Respectfully submitted,
Shelley K. Craine
Clerk of Council