MINUTES OF THE AUGUST 7, 2006

REGULAR MEETING OF THE ALLIANCE CITY COUNCIL

The meeting was called to order by President Benincasa at 7:00 p.m. Councilman Price gave the invocation and led the meeting in the Pledge of Allegiance.

ROLL CALL: Alan Andreani, Steve Okey, Phyllis Phillips, Warren Price, Roger Rhome, Sue Ryan and Larry Thompson present.

MINUTES: Motion & second to receive and file the minutes of the July 17, 2006 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

COMMUNICATIONS:

Memo from Auditor Alex Zumbar regarding July 2006 Alliance Municipal Income Tax Recapitulation

Water Department payment/collections for July 2006.

911 Task Force Report.

Memo from Curt Bungard, City Engineer to Mayor Toni Middleton RE: 2006 Paving Program.

Letter from Ohio Division of Liquor Control RE: license for Grinders & Such.

Resolution of Stark County Commissioners delaying action of Park Commons Annexation.

Letter from PETA to Mayor Middleton RE: treatment of elephants in Carson & Barnes Circus.

Letter from Councilman Okey to Mayor Middleton RE: Conciliator’s award to Firefighter’s union and cost cutting.

Ohio Municipal League Letter RE: 2006 Ohio Municipal League 55th Annual Conference.

Memo from Mayor Middleton requesting appointments to the Keep Alliance Beautiful Commission and the Shade tree commission.

Memo from Mayor Middleton RE: receipts collected through the mayor's office for July 2006

Letter from Councilman Steve Okey to Mayor Middleton RE: fiscal matters.

Motion and second to receive and file all communications tendered to the Clerk. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Motion and second to accept and approve the recommendation of Mayor Middleton and Appoint Marsha Stryffeler to the Keep Alliance Beautiful Commission for a two (2) year term from 8-2-06 through 8-1-08; Arnold Hirvela to the Shade Tree Commission for a three (3) year term effective immediately through 10-1-08; Leigh Mainwaring to the Shade Tree Commission for a three (3) year term effective immediately through 10-1-08; Vince Obmann (Re-appointment) to the Shade Tree Commission for a three (3) year term effective immediately through 10-1-08; MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

ADMINISTRATIVE REPORTS:

Mayor Middleton: No report

Safety Service Director Blaser: reviewed Ordinances 93-06 and attachment; 105-06; 106-06; 107-06; 108-06; 109-06; 110-06; 111-06; 112-06; and 113-06.

Reviewed the status of the Fire Department First Responder program and training.

Assistant Law Director Robert Hunter Jr.: Reported on the Park Commons annexation and action by Stark County Commissioners; reported on Court Ruling in Lawson wrongful death case and reported that the City's Summary Judgment motion was granted; reported on Law Director's office concerns on Ordinance 103-06.

Auditor Alexander Zumbar: no report.

STANDING COMMITTEE REPORTS:

Safety & Judiciary: Andreani: Reviewed revision Ordinance 104-S-06 and requested action on the Ordinance recommending adoption.

Finance: Okey: Reviewed the July 25, 2006 Finance committeemeeting to discuss and review the conciliation award between City of Alliance and Alliance Professional Firefighters IAFF Local 480 as well as the repayment status of the $500,000.00 loan.

PUBLIC HEARINGS: Public Hearing on Ordinance 82-06 was called by President Benincasa at 7:30 P.M. The Notice of Public Hearing was read by Clerk Yost. No one spoke in favor of Ordinance 82-06. Ben Favazzo of 755 West State Street spoke in opposition of Ordinance 82-06 and expressed concerns as to its affect on in neighboring properties. No one else spoke in favor or in opposition of the Ordinance and the Public Hearing was closed by President Benincasa at 7:36 P.M.

Community Development: Phillips: Reported on the Martin Luther King viaduct committee and announced another meeting will be held August 9, 2006 to discuss ideas and funding.

Planning, Zoning, & Housing: Price: Reviewed the July 31, 2006 meeting and announced the committee recommends adoption of Ordinance 82-06; 83-06 and 84-06; Committee will meet again on August 22, 2006 at 6:00 P.M. in th second floor administration conference room to discuss Ordinance 130-05 Comprehensive Land use Ordinance that has been reviewed by the Planning Director. Committee will have to meet again later to discuss Ordinance 103-06, the Safe Housing Ordinance and Historical Preservation as there is too much to discuss in one meeting.

Utilities: Rhome: reviewed the August 7, 2006 9:00 A.M. meeting and commended James McClarren for his service to the community upon his retirement effective August 31, 2006.

Streets & Alley: Ryan: reported on Ordinance 108-06 the comprehensive street paving ordinance and recommended passage.

Properties and Lands: Thompson: no report

PUBLIC SPEAKS:

Larry Johnson of 6695 Frederick Ave spoke in opposition of the Safe Housing Ordinance.

Ina Hays of 260 W. Perry Street spoke of a sales tax option for revenue and of the Martin Luther King Viaduct.

Dennis Kempthorne of 15523 Louisville spoke in opposition of the Safe Housing Ordinance.

Terrence Hohnhorst of Deerfield spoke in opposition of the Comprehensive Land Use Ordinance.

Erich Buehler of 1833 2nd Street spoke in opposition of the Comprehensive Land Use Ordinance.

Dennis Clunk of 2040 South Union Avenue spoke in opposition of the Comprehensive Land Use Ordinance.

R. R. Denny Clunk of 1535 Glenking Avenue spoke in opposition of the Comprehensive Land Use Ordinance.

THIRD READINGS: None.

 

SECOND READINGS:

Ordinance 103-06: introduced by Okey, Price and Ryan: an Ordinance to amend Chapter 771 of the Codified Ordinances of Alliance Ohio; to create the Department of Safe Housing in the City of Alliance; to establish the safe housing fund; to allocate a portion of safe housing revenue to the director of law for purposes of enforcement; and to establish initial funding for the Department of Safe Housing.

Ordinance 104-S-06: introduced by Andreani: an Ordinance amending Alliance Codified Ordinance Section 509.12 “Compulsory School Attendance: Parental Duty imposed” et. Seq.; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

 

NEW BUSINESS:

Ordinance 105-06: introduced by Rhome: An Ordinance authorizing and directing the director of public safety and public service to file an application and enter into an agreement with the Stark- Tuscarawas-Wayne joint solid waste district for the purpose of acquiring grant funds through the solid waste management and recycling program; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 106-06: introduced by Andreani: An Ordinance authorizing and directing the director of public safety and public service to purchase fourteen in car video camera systems and related equipment for the Alliance Police Department for a cost not to exceed $90,000.00 and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 107-06: introduced by Andreani: An Ordinance authorizing and directing the director of public safety and public service to purchase caller ID equipment for the dispatch center for the Alliance Police Department for a cost not to exceed $1,063.00 and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 108-06: introduced by Ryan and Okey: An Ordinance authorizing and directing the director of public safety and public service to advertise for bids and enter into contracts for services to complete and carry out the 2006 comprehensive road resurfacing and overlay programs in and amount not to exceed $520,000.00; and declaring an emergency.

Ordinance 109-06: introduced by Thompson: An Ordinance authorizing and directing the director of public safety and public service to advertise for bids and enter into a lease for the use of city lands at Westville Reservoir for recreation and conservation purposes and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 110-06: introduced by Okey: An Ordinance making appropriations and transfers of funds in the 2006 appropriations to provide for necessary expenses and adjustments; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 111-06: introduced by Andreani and Okey: An Ordinance authorizing and directing the director of public safety and public service to accept two $2,500.00 grants from the Wal-Mart foundation for use by the Alliance Police and Fire Departments; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 112-06: introduced by Andreani and Okey: An Ordinance ratifying a letter of understanding with the Alliance Professional Firefighters Association Local No. 480 (AFL-CIO) regarding first responder services; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 113-06: introduced by Andreani and Okey: an Ordinance authorizing and directing the director of public safety and public service to accept a $1,000.00 grants from the Ohio Division of EMS for use by the Alliance Fire Departments; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

 

OLD BUSINESS:

Ordinance 82-06: introduced by Price: an Ordinance to amend the Zoning Map of the City of Alliance by changing part of the area located between West State Street and Hartshorn Street and Mckinley Avenue and South Rockhill Avenue from Neighborhood Business District (B-1) to College District (C) under the Alliance City Zoning Ordinance. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 83-06: introduced by Price: an Ordinance accepting and approving the re-plat of McKinley Avenue and Hartshorn Street, Numerous lots, and parts of four 15 foot alleys North of West State Street, South of Hartshorn Street, West of Clark Avenue, and East of South Rockhill Avenue in the City of Alliance, County of Stark, and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 84-06: introduced by Price: an Ordinance accepting and approving the re-plat of parts of outlots 242 through 245 on South Union Avenue in the City of Alliance, County of Stark, and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 93-06: introduced by Thompson: an Ordinance determining that the City of Alliance has items of personal property which are not needed for municipal purposes which exceed $1,000.00 in estimated value, authorizing the sale of such personal property by written contract to the highest and best bidder at public sale by the director of public safety and service and including in said public sale, personal property as designated by the Alliance Board of Park Commissioners and Alliance City Board of Health; and declaring an emergency. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

 

MISCELLANEOUS BUSINESS:

Councilman Okey read a letter from the Firefighters Union Local 480 agreeing to conceed the pay increase in the conciliation award from June 1, 2005 to January 1, 2006. Councilman then made a motion seconded by Councilman Phillips directing the Law Director to prepare an Ordinance authorizing and directing the Director of Public Safety and Service to enter into a contract with the Firefighters Union Local 480 upon the terms of the conciliator's award withthe exception that the contract incoporate the compromise offered by the union making the 4% pay increase retroactive to January 1, 2006 rather than July 1, 2005. Roll Call: Unanimous: ADOPTED

ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 8:50 PM.

 

SUMMARY OF ACTIONS TAKEN:

Ordinance 103-06 SECOND READING

Ordinance 104-S-06 ADOPTED

Ordinance 105-06 ADOPTED

Ordinance 106-06 ADOPTED

Ordinance 107-06 ADOPTED

Ordinance 108-06 ADOPTED

Ordinance 109-06 ADOPTED

Ordinance 110-06 ADOPTED

Ordinance 111-06 ADOPTED

Ordinance 112-06 ADOPTED

Ordinance 113-06 ADOPTED

Ordinance 82-06 ADOPTED

Ordinance 83-06 ADOPTED

Ordinance 84-06 ADOPTED

Ordinance 93-06 ADOPTED

_______________________________ ___________________________________

JOHN BENINCASA, PRESIDENT             GERARD T. YOST, COUNCIL CLERK