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

Minutes for the Continued Meeting from July 12, 2005, held on July 25, 2005

At 7:00 P.M., Honorable Mayor Jess 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
Francis Ballard - present

Also in attendance, Mark Manlove, Village Solicitor.

Minutes of the June 14, 2005 Regular Council Meeting were presented and reviewed by Council J. Moore made a motion to approve, Second by S. Garrett. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

The Village Fiscal Officer’s Financial Reports were tabled until the Regular Council Meeting on August 9, 2005.

The Village Council President’s Report was given by Jim Moore. He reviewed a letter to the U.S.D.A. Rural Development dated July 25, 2005 requesting an available interest rate reduction on the East Center Street New Sewer Line. Reduction to be from 4-3/4 % to 4-1/4 % (1/2% reduction). Resolution No R-2005-9 was read to request the use of Multiple Advances during the construction of the East Center Street Sewer Line Project in order to take advantage of the lower interest rate. J. Moore made a motion to approve, Second by F. Ballard. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried. Letter dated 07/25/05 to U.S.D.A. attached and made a part of the minutes.

Jim updated the Council on the current status of the East Center Street New Sewer Line Project. The U.S.D.A. Rural Development Office of General Council is now reviewing all documents for the construction project. This is the final step prior to allowing us to go out for Contractor’s bidding. The prior step of this process was approved and passed onto General Council. We should have our final answer next week. If so, Council would approve going out for bidding at the August 2005 Council Meeting.

Request from Village Administration Office to change office hours from 9 AM – 5 PM (M-F) to 9AM – 4:30 PM (M-F). The Office staff would continue to work 9AM- 5PM, this would facilitate the preparation of the daily deposit, required by the Ohio Revised Code. This change will become effective August 1, 2005. J. Moore made a motion to approve, Second R. Donham. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

Jim Moore reported that he attended the Newton Falls Joint Fire District Meeting on July 19, 2005 and gathered information about their Joint Fire District. Bottom line is they say joining their Township and City into a Joint Fire District was the best for both parties and their residents.

Mayor Jess Starkey extended his appreciation to Kevin Knight and the other village employees for their work in preparing the Village Park for the Hot Stove Tournaments.

Mayor Starkey recommended the appointment of Councilwoman Marian Garrett to serve as Chairperson of the “Good Start” Committee from the Village. In addition, he also appointed Marian Garrett to serve as the Village’s representative on the Portage County Bicentennial Committee. Marian recommended that an alternate be named in case she wasn’t able to attend the meetings. Scott Garrett volunteered to serve as alternate. J. Moore made a motion to accept these appointments, Second, F. Ballard. Ayes: J. Moore, S. Garrett, R. Donham, J. Minotti, F. Ballard. Abstain: M. Garrett. Motion carried.

The Personnel Committee report was given by Jim Moore. He read Ordinance No. O-2005-13 to authorize the Mayor and the Fiscal Officer to enter into an agreement with Mark Manlove authorizing him to serve as Village Solicitor for the Village from August 1, 2005 to July 31, 2007 setting the terms of his compensation. J. Moore made a motion to go into Executive session at 7:25 P.M. Second, F. Ballard. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

M. Garrett made a motion to return from Executive session at 7:30 P.M. Second, J. Moore. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

J. Moore made a motion to suspend the rules concerning Ordinance No. O-2005-13. Second, M. Garrett. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

J. Moore made a motion to adopt as read Ordinance No. O-2005-13 on Mark Manlove’s contract. Second, F. Ballard. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried. Mark Manlove remarked that this new contract will save the Village approximately $10,000 over 2 years.

The Finance Committee report was given by Marian Garrett. She reviewed the July 2005 planning Budget for the year 2006 budget, which must be provided to the County Auditor after Council’s approval. M. Garrett made a motion to approve, Second S. Garrett. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried. The Fiscal Officer will provide a composite reflecting the total of all funds to Council by the next meeting.

Marian introduced Ordinance No. O-2005-14 authorizing the Mayor and Clerk of the Village to sign a mortgage release from 8954 Maple Grove Road, 9700 Grove Court, and 9703 East Center Street for Neighborhood Development Corporation for the amount of $23,550.00.

M. Garrett made a motion to suspend the rules concerning Ordinance No. O-2005-14. Second, F. Ballard. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

M. Garrett made a motion to approve Ordinance No. O-2005-14 as read. Second. F. Ballard. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

Marian reviewed the need to establish a levy committee for a Village Income Tax levy planned for this November 2005. The amount and other details of the levy will be decided at the August 2005 Council Meeting.

Marian introduced a request for permission from Council to donate the used cell phones (7) to the Portage County Battered Women’s Shelter. The phones are refurbished and given to women once they are placed in “safe” housing so they have contact with the authorities if needed to guarantee safety for themselves and their children. M. Garrett made a motion to approve, Second, S. Garrett. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

The Utilities Committee report was given by Scott Garrett. He introduced Ordinance No. O- 2005-15 accepting a permanent easement from PEC Management II (Burger King) for a Waste Water Line at or near East Center Street. Scott declared an emergency and made a motion to suspend the rules concerning Ordinance No. O-2005-15, Second, J. Moore. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

S. Garrett made a motion to accept Ordinance No. O-2005-15 as read. Second, F. Ballard. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

Scott introduced Ordinance No. O-2005-16 accepting a permanent easement from Harbison Walker Refractories for a Waste Water Line at or near East Center Street. Scott declared an emergency and made a motion to suspend the rules concerning Ordinance No. O-2005-16, Second, J. Moore. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

S. Garrett made a motion to accept Ordinance No. O-2005-16 as read. Second, F. Ballard. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

Scott introduced Ordinance No. O-2005-17 accepting a permanent easement from Harbison Walker Refractories for a Waste Water Line at or near the front of their building on East Center Street. Scott declared an emergency and made a motion to suspend the rules concerning Ordinance No. O-2005-17, Second, J. Moore. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

S. Garrett made a motion to accept Ordinance No. O-2005-17 as read. Second, F. Ballard. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

The Records Commission report was given by Marian Garrett. She reviewed a request from the Administration Office to request permission from the Ohio Historical Society to destroy selected records from the Income Tax and Utility Departments. A comprehensive list was provided to each Council member. M. Garrett made a motion to approve, Second, F. Ballard. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

Mark Manlove advised that records should not be destroyed until the lawsuit issue with former employee Grace Krontiris was resolved.

Council went into Executive Session to discuss the lawsuit filed by former Fiscal Officer Grace Krontiris against the Village, Village employee personnel issues, Fire District legal issues and to discuss Council members protocol with the Village Administration and employees. F. Ballard made a motion to move into Executive Session at 8:00 PM. Second, S. Garrett. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

At 9:32 PM, J. Moore moved to return to Open Session. Second, M. Garrett. Ayes: J. Moore, S. Garrett, M. Garrett, R. Donham, J. Minotti, F. Ballard. Motion carried.

At 9:34 PM, F. Ballard moved to adjourn the meeting. There were no objections, and the meeting was adjourned.

Respectfully submitted,
Shelley K. Craine
Clerk of Council