Alliance City Council

MINUTES OF THE DECEMBER 4, 2006

REGULAR MEETING OF THE ALLIANCE CITY COUNCIL

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

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

Motion and Second to excuse Councilman Phillips due to illness. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

MINUTES: Motion and second to postpone action on the Minutes of the November 20, 2006 Workshop and Regular Meeting of City Council and the November 27, 2006 Special Meeting of City Council. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

COMMUNICATIONS

1. Agenda for the December 1, 2006 Planning Commission Special Meeting.

2. Notice of Public Meeting of a work session of City Council 12-04-06 @ 6:00 P.M. in Council Chambers.

3. Notice of Public Meeting of a Special session of City Council 11-27-06 @ 7:00 P.M. in Council Chambers.

4. Notice of Public Meeting of Planning, Zoning and Housing Committee 2-07-06 @ 8:30 A.M. at the second floor conference room of the City Administration Building.

5. Letter from Ohio Ethics Commission regarding updated list of elected officials for financial disclosures.

6. Letter from attorney Thomas Tangi RE: Notice of Appeal of Sherry’s Treasures, LLC vs. Alliance City Board of Zoning Appeals.

7. Judgment Entry dated November 17, 2006 Dismissing Kevin Ward vs. Alliance City Council.

8. Memo from Auditor Alex Zumbar RE: November 2006 Alliance Income Tax Recapitulation.

9. Memo from Auditor Alex Zumbar RE: Open Purchase Orders & Invoices to be paid in 2006.

10. Memo from Mayor Middleton RE: receipts collected in mayor’s office for November 2006.

11. Memo from Auditor Zumbar noting the Parking Commons annexation has been recorded with the Stark County Recorder.

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

ADMINISTRATIVE REPORTS:

Mayor Middleton: Addressed the need to make appointments to various boards and committees for the first of the year. Will compile a list of appointments for Council review and looking for appointees. Asked council to recruit appointees and refer to Mayor’s office if possible.

Safety Service Director Blaser: Updated Council on Street Department Leaf collection program. Noted the collection is approaching completion.

Reviewed Ordinance 140-06 and noted it is necessary for a business relocation and expansion. Noted Planning commission has already approved Ordinance 140-06 and it is time sensitive.

Law Director Andrew Zumbar: Clarified previous questions regarding Kevin Ward vs. City of Alliance. Case was dismissed with prejudice and record will be amended to reflect this.

Reported that Sherry‘s Treasures vs. Board of Zoning Appeals has been appealed to the 5^th District Court of Appeals.

Auditor Alexander Zumbar: No Report.

STANDING COMMITTEE REPORTS:

Safety & Judiciary: Andreani: No formal report.

Finance: Okey: Reported the committee still needs to meet to review temporary budget but has experience scheduling difficulties.

Reviewed the workshop session prior to City Council’s regular meeting tonight which discussed financial issues and revenue generating ideas. Reported on sponsoring a survey in the news paper regarding this and asked for public input.

Community Development: Phillips: No formal report.

Planning, Zoning, & Housing: Price: Reported the meeting for November 30, 2006 at the neighborhood center to discuss the safe housing ordinance. Thanked the neighborhood center for hosting the event that was well attended with about two hours of testimony. Thirteen people spoke against the ordinance and two spoke in favor of it. Next meeting is set for December 7, 2006 @ 8:30 A.M. in the administration building 2^nd floor conference room to review the testimony.

Utilities: Rhome: Reported on the December 4, 2006 meeting and reported the committee was introduced to new billing and collection department supervisor.

Streets & Alley: Ryan: Reported paving program is complete and one additional street was paved due to coming in under budget. Program was still under budget but no other streets completed due to running out of time with acceptable weather.

Properties and Lands: Thompson: No formal report.

PUBLIC SPEAKS: None

THIRD READINGS: :

Ordinance 133-06: Introduced by Council as a Whole: An Ordinance making temporary appropriations for 2007 for the General Fund, Water Fund, Sewer Fund, and other City Funds, and authorizing the Auditor to draw payments for those appropriations upon receiving proper certificates and vouchers; and declaring an emergency.

SECOND READINGS

Ordinance 135-06: Introduced by Phillips: An Ordinance authorizing and directing the Director of Public Safety and Service of the City of Alliance to enter into a contract with the Stark County Regional Planning Commission to provide Fair Housing Services to the City of Alliance.

Ordinance 139-06: Introduced by Ryan: An Ordinance authorizing the Director of Public Safety and Service to enter into a Consent Agreement attached as Exhibit “A” with the Ohio Dept of Transportation regarding the replacement of signs in O.D.O.T.’s Right-of-way; 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 140-06: Introduced by Price: An Ordinance accepting and approving the replat of lot 8166 and part of outlot 322 located on West Main Street in the City of Alliance, County of Stark and State of Ohio; 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 141-06: Introduced by Price: An Ordinance accepting and approving the replat of part of lot 1438 and part of lot 1439 located on East Oxford Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to refer to the Planning Commission: Roll Call: Unanimous: REFERED TO THE PLANNING COMMISSION.

Ordinance 142-06: Introduced by Price: An Ordinance vacating a 15 foot North South alley West of Penn Avenue, South of West State Street for a distance of 120 feet, and a 15 foot East West Alley South of West State Street, West of Penn Avenue for a distance of 120 feet in the City of Alliance, County of Stark and State of Ohio. Motion and second to refer to the Planning Commission: Roll Call: Unanimous: REFERED TO THE PLANNING COMMISSION.

Ordinance 143-06: Introduced by Price: An Ordinance accepting and approving the replat of lots 31 and 32 and parts of two vacated 15 foot alleys South of West State Street and West of Penn Avenue in the City of Alliance, County of Stark and State of Ohio; and declaring an emergency. Motion and second to refer to the Planning Commission: Roll Call: Unanimous: REFERED TO THE PLANNING COMMISSION.

Motion and second to enter executive session to discuss collective bargaining agreements with Council members, Council President, Council Clerk, Mayor, Safety Service Director, Auditor, and Police Chief. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Council entered executive session at 7:40 PM.

Council returned from executive session at 8:33 PM.

Ordinance 144-06: Introduced by Okey and Andreani: An Ordinance ratifying a contract between the City of Alliance and the Fraternal Order of Police for the Police supervisor’s bargaining unit; 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 145-06: Introduced by Okey and Andreani: An Ordinance ratifying a contract between the City of Alliance and the General Truck Drivers and helpers – Teamsters local 92 for the Dispatcher’s bargaining unit; 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 146-06: Introduced by Okey and Andreani: An Ordinance ratifying a contract between the City of Alliance and the General Truck Drivers and helpers – Teamsters local 92 for the Police Clerical bargaining unit; 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 147-06: Introduced by Okey and Andreani: An Ordinance ratifying a contract between the City of Alliance and the General Truck Drivers and helpers – Teamsters local 92 for the Police part-time patrol officers’ bargaining unit; 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

Resolution 148-06: Introduced by Council as a whole: A Resolution expressing to Linda L. Haynam the sincere appreciation of this Council, The Administration, The City Auditor and the citizens of the City of Alliance for her dedicated 43 years of service. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Resolution 149-06: Introduced by Council as a whole: A Resolution expressing to Michael D. Higgs the sincere appreciation of this Council, The Administration and the citizens of the City of Alliance for his dedicated 2 years of service. Motion and second to adopt: Roll Call:Unanimous: ADOPTED

OLD BUSINESS: None

MISCELLANEOUS BUSINESS: None

ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 8:43 P.M.

SUMMARY OF ACTIONS TAKEN:

Ordinance 133-06 THIRD READING

Ordinance 135-06 SECOND READING

Ordinance 139-06 ADOPTED

Ordinance 140-06 ADOPTED

Ordinance 141-06 REFERED TO PLANNING COMMISSION

Ordinance 142-06 REFERED TO PLANNING COMMISSION

Ordinance 143-06 REFERED TO PLANNING COMMISSION

Ordinance 144-06 ADOPTED

Ordinance 145-06 ADOPTED

Ordinance 146-06 ADOPTED

Ordinance 147-06 ADOPTED

Resolution 148-06 ADOPTED

Resolution 149-06 ADOPTED

_______________________________ ________________________________

JOHN BENINCASA, PRESIDENT GERARD T. YOST, COUNCIL CLERK