MINUTES OF THE AUGUST 21, 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: Noted that Minutes of the August 7, 2006 regular meeting of City Council were not received in Council packets and not reviewed, Motion and second to postpone action on minutes until next meeting. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

COMMUNICATIONS:

1. Memo from Auditor Alex Zumbar regarding Operational Budget report by department as of July 31, 2006 Water Department     payment/collections for July 2006.

2. Invitation from Keep Alliance Beautiful to dedication of the Liberty Garden September 9, 2006.

3. Board of Zoning Appeals agenda for the August 15, 2006 meeting.

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

5. Minutes from the June 20, 2006 Board of Zoning Appeals meeting.

6. Ohio Urban University Program RE: Municipal Clerks Career Development Program.

7. Letter from Councilman Okey RE: Habitat for Humanity Dedication August 20, 2006.

8. Letter from Mayor Middleton to Deborah Okey RE: Martin Luther King Viaduct Committee

9. Ohio Municipal League letter RE: 55th Annual Conference

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

ADMINISTRATIVE REPORTS:

Mayor Middleton: No report

Safety Service Director Blaser: reported Ordinances 93-06 will need amended to add some items and auction has been set for September 23, 2006 @ 10:00; Reviewed Ordinance 116-06; and reported a group of City employees has submitted request to certify City’s 11th labor union and potentially the largest.

Law Director Andrew Zumbar: Reported on the Park Commons annexation and action by Stark County Commissioners to approve although no official communication has yet been received; reported on the Sherry’s Treasures administrative appeal and the briefs have been submitted; reported that Attorney Tscholl has expressed that he would handle appeal of the conciliator’s award with the Firefighters Union at a reduced rate however there is no estimate on the cost.

Auditor Alexander Zumbar: Report the post audit review will be forthcoming.

STANDING COMMITTEE REPORTS:

Safety & Judiciary: Andreani: Noting the Law Director and Police Chief were consulted, request no hearing be requested on Grinders & Such Liquor Permit renewal. Motion and second to not request a hearing on the Liquor License renewal for Grinders & Such; MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Finance: Okey: Reported the Committee met as City Claims Board on August 10, 2006 to review Saunderson Claim for flood damage. Opinion was sought and received from law director and will be reviewed at upcoming meeting.

Community Development: Phillips: no report.

Planning, Zoning, & Housing: Price: Committee will meet again on August 22, 2006 at 6:00 P.M. in the second floor administration conference room to discuss Ordinance 130-05.

Utilities: Rhome: no report.

Streets & Alley: Ryan: no report.

Properties and Lands: Thompson: no report

PUBLIC SPEAKS:

Brad Goris of 3075 S. Union Ave spoke in opposition of the Safe Housing Ordinance.

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

Questions of Brad Goris by Councilman Okey and discussion

Questions of Dennis Kempthorn Councilmen Okey, Andreani, and Price as well as discussion by Health Commissioner Flint

THIRD 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. Noted that Ordinance has been referred to Planning, Zoning & Housing Committee and request no action be taken.

SECOND READINGS: None

NEW BUSINESS:

Ordinance 114-06: introduced by Okey: An Ordinance Ratifying a contract with the Alliance Professional Fire Fighters Association IAFF Local #480 (the Union) based on the Conciliation award as modified by the attached August 4, 2006 letter from the Union. Motion and second to refer to the Finance Committee: Roll Call: Unanimous: REFERRED TO FINANCE COMMITTEE

Resolution 115-06: introduced by Andreani: a Resolution authorizing the administration to appeal the Conciliation award with the Alliance Professional Fire Fighters Association IAFF Local #480 to the Stark County Court of Common Pleas. Motion and second to adopt, intervening Motion to refer to Finance Committee: Discussion on Rules and Precedent: Roll Call on Motion to Adopt: 5 to 2 against (Andreani – Rhome): DEFEATED Motion to refer to Finance Committee withdrawn.

Ordinance 116-06: introduced by Okey: An Ordinance authorizing and directing the Director of Public Safety and Service to make application and enter into an agreement with the Ohio Municipal League Workers’ Compensation Group rating plan; 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 96-06: introduced by Price: an Ordinance accepting and approving the replat of lots 12003, 12004, and 12006 located on Norman Avenue in the City of Alliance County of Mahoning and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 97-06: introduced by Price: an Ordinance accepting and approving the replat of part of outlots 12599 thru 12605 located on Marwood Circle in the City of Alliance County of Stark and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

 

MISCELLANEOUS BUSINESS: None

ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 7:40 PM.

 

SUMMARY OF ACTIONS TAKEN:

Ordinance 103-06 THIRD READING

Ordinance 114-06 REFERRED TO FINANCE COMMITTEE

Ordinance 115-06 DEFEATED

Ordinance 116-06 ADOPTED

Ordinance 96-06 ADOPTED

Ordinance 97-06 ADOPTED

 

_________________________________ ________________________________

JOHN BENINCASA, PRESIDENT                GERARD T. YOST, COUNCIL CLERK