MINUTES OF THE OCTOBER 2, 2006
REDULAR SESSION MEETING
OF THE ALLIANCE CITY COUNCIL
The regular meeting was called to order by President Benincasa at 7:00 p.m. Councilman Okey gave the invocation and led the meeting in the Pledge of Allegiance.
ROLL CALL: Alan Andreani, Steve Okey, Phyllis Phillips, Warren Price, Roger Rhome, and Sue Ryan present.
Motion and second to excuse Larry Thompson due to injury. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
MINUTES: Motion and second to approve Minutes of the September 18, 2006 regular and September 25, 2006 special meetings of City Council. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
COMMUNICATIONS:
1. Letter from Auditor Alex Zumbar regarding Resolution 124-06.
2. Letter from Stark County Auditor Kim Perez RE: Popular Annual Financial Report.
3. Letter from Mayor Middleton setting date and time for Halloween Trick-or-Treat.
4. Letter from Stark COunty Commissioners RE: forwarding documents for Park Commons Annexation.
5. Letter from Ohio Division of Liquor Control regarding transfer of license for Castle.
6. Notice of Work Session of City Council 10-02-06 @ 6:00 P.M.
7. Notice of Sweet Chair-I-Ties Auction October 14, 2006 @ 7:00 P.M. to benefit Keep Alliance Beautiful
8. Letter from Attorney Dennis Minni RE: bill for Firefighters arbitration.
9. Letter from Firefighers local 480 RE: progress with first responders program and department moral.
10. Letter from Stark County Prosecutor's office announcing Victim/Witness community volunteer Recognition dinner on November 2, 2006 @ 6:00 P.M.
11. Letter from Mayor Middleton RE: Receipts collected through mayor's office for September 2006.
12. Memo for Auditor Zumbar RE: September 2006 Income Tax Recapitulation.
13. Memo for Auditor Zumbar RE: GASB 43 & 45 - Post Employment benefits.
14. Memo for Auditor Zumbar RE: number of employees by department from 2002 through 2006.
15. Letter from Mayor Middleton RE: request to approve commission appointments.
Motion and second to receive and file all communications tendered to the Clerk. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Motion and second to appoint Julie Clapper to Keep alliance Beautiful Commission for 2 year term through 10-01-08; Kathryn Miller to Shade tree commission for 3 year term through 10-01-09; and re-appoint Dr. Charles McClaugherty to Shade tree commission for 3 year term through 10-01-09. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
ADMINISTRATIVE REPORTS:
Mayor Middleton: No formal report but noted the work on Ordinance 125-06 to eliminate a health hazard in Washington Township.
Safety Service Director Blaser: Noted the work on Ordinance 125-06.
Law Director Andrew Zumbar: Explained pending litigation including damage to a vehicle in a construction zone and suit to intrepret a 50 year old easement near west Broadway Street with pre-trial hearings set for both on October 3, 2006
Noted the Park Commons annexation will have sat for the required time set forth by law and Ordinance 118-06 will be ripe for action at next regular meeting on October 16, 2006.
Explained Ordinance 125-06.
Auditor Alexander Zumbar: Explained GASB 43 & 45 - Post Employment benefits memo; September 2006 Income Tax Recapitulation; and Letter from Stark County Auditor Kim Perez RE: Popular Annual Financial Report.
STANDING COMMITTEE REPORTS:
Safety & Judiciary: Andreani: Reported to council that Field operation day with firefighters was a success and complimented firefighters on the event; would like to see it carried into other departments for better understanding between City officials and department employees
Noted the positive report on the first responder program with good response and less than projected cost.
Reported that the Fire Department has received over $11,000.00 in grants this year.
Asked Council to waive hearing on liquor license transfer from Ullman Castle Enterprises LLC to Friendz enterprises LLC.
Motion and second to waive hearing on liquor license transfer from Ullman Castle Enterprises LLC to Friendz enterprises LLC. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Finance: Okey: Thanked the fire fighters for Field operation day experience.
Noted the need to address the budget shortfall situation with Clerk of Court Kevin Ward.
Community Development: Phillips: No Formal Report. Thanked the fire fighters for Field operation day experience.
Planning, Zoning, & Housing: Price: No Formal Report. Thanked the fire fighters for Field operation day experience.
Noted continuing to receive correspondence regarding Zoning Ordinance and Safe Housing Ordinance.
Utilities: Rhome: Reported on October 2, 2006 Morning meeting with no major problems reported. Thanked the fire fighters for Field operation day experience.
Streets & Alley: Ryan: No Formal Report. Thanked the fire fighters for Field operation day experience.
Noted that the paving program will begin on October 4, 2006.
Properties and Lands: Thompson (absent): No report
PUBLIC SPEAKS:
Chris Waffler of 7865 Alberta Beach Street thanked the City officials for participation in the fire fighters Field operation day experience and urged passage of the fire contract.
Joyce Hager of 1137 East Grant Street spoke in opposition to Safe Housing Ordinance.
Robert Burris of 3066 Bandy Road spoke in opposition to Safe Housing Ordinance.
Eric Wohlwend of 5844 Dueber Avenue spoke in opposition to Safe Housing Ordinance.
Jenny Beltz of 13888 Bayton Avenue spoke in opposition to Safe Housing Ordinance.
Kevin Price of 6515 Loretta Street spoke in opposition to Safe Housing Ordinance.
Lila Wohlwend of 5844 Dueber Avenue spoke in opposition to Safe Housing Ordinance.
Robert Berardi of 6514 Waterloo Road spoke in opposition to Safe Housing Ordinance.
SPECIAL COMMITTEE REPORTS:
Kevin Ward, Alliance Clerk of Courts discussed the Budget situation and reported the payroll and fringe benefit accounts in his budget will be out of money as of October 5, 2006 with a projected overall shortfall of $57,000.00 for the year 2006.
Discussion and questions by councilmen Andreani, Okey and Price.
THIRD READINGS:
Ordinance 122-06: introduced by Rhome and Thompson: An Ordinance amending Alliance Codified Ordinance Section 181.14 “Credit for tax paid to another Municipality”; and declaring an emergency.
SECOND READINGS: None
NEW BUSINESS:
Resolution 124-06: Introduced by Okey: A Resolution accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them tot he County Auditor. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED
Ordinance 125-06: Introduced by Rhome: An Ordinance authorizing the Safety Service Director and Mayor to execute a cooperative sewer agreement between the Cityof Alliance and Stark County attached hereto as exhibit "A". Motion and second to refer to Utilities Committee: Roll Call: Unanimous: REFERED TO UTILITIES COMMITTEE
Ordinance 126-06: Introduced by Price: An Ordinance accepting and approving the replat of part of lots 4182 and 4500 and all of lots 4184, 4185, 4186, 4773, 4774, 4775, and 11194 located in the block bounded by West Broadway Street, West High Street, Haines Avenue, and Walker Avenue in the City of Alliance, County of Stark, and State of Ohio. Motion and second to refer to Planning Commission: Roll Call: Unanimous: REFERED TO PLANNING COMMISSION
OLD BUSINESS: None
MISCELLANEOUS BUSINESS: Motion and second to enter executive session to discuss personnel with Clerk of Courts, Law Director, Auditor, Mayor, Safety Service Director, and Clerk of Council present. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Council entered executive session at 8:50 P.M.
Council returned to regular session at 9:40 P.M.
Motion and second to set special meeting Tuesday October 10, 2006 @ 7:00 P.M. in Council Chambers to address budget matters concerning the Clerk of Courts and any other matters comming before council. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 9:41 PM.
SUMMARY OF ACTIONS TAKEN:
Ordinance 122-06 THIRD READING
Resolution 124-06 ADOPTED
Ordinance 125-06 REFERED TO UTILITIES COMMITTEE
Ordinance 126-06 REFERED TO PLANNING COMMISSION
_______________________________ ________________________________
JOHN BENINCASA, PRESIDENT GERARD T. YOST, COUNCIL CLERK