MINUTES OF THE OCTOBER 16, 2006
REGULAR MEETING OF THE ALLIANCE CITY COUNCIL
The meeting was called to order by President Benincasa at 7:00 p.m. Councilman Phillips 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 and second to approve Minutes of the October 2, 2006 regular meeting of City Council. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
COMMUNICATIONS:
1. Letter from Auditor Alex Zumbar regarding Operational Budget by Department as of September 30, 2006.
2. Letter from the Ohio EPA RE: Public Notice No. 06-10-031M.
3. Letter from the Ohio EPA RE: Public Notice No. 06-10-032.
4. Agenda for October 17, 2006 Board of Zoning Appeals Meeting.
5. Minutes from September 19, 2006 Board of Zoning Appeals Meeting.
6. Letter from Ohio Division of Liquor Control regarding transfer of license for Pisanello's from Taster's Choice.
7. Letter to Chief Dordea RE: transfer of license for Pisanello's from Taster's Choice.
8. Legislative Bulletin from Ohio Municipal League dated October 5, 2006
9. Notice of Special Session of City Council 10-10-06 @ 7:00 P.M.
10. Citizens for Community Values notice of Zoning Seminar on November 3, 2006.
11. Statement of Councilman Steve Okey regarding the Clerk of Court's Request for Supplemental Appropriation.
12. Twenty-one individual letters from individual members of the Alliance Area Landlord Association RE: Safe Housing Ordinance
13. Announcement from Keep Alliance Beautiful of recognition dinner on November 13, 2006 @ 7:00 PM
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: Absent.
Safety Service Director Blaser: Commented on dollar calculations for Ordinance 127-06. Explained Ordinance 128-06, 130-06 and 129-06. Reminded council of on-going negotiations with other unions and non-union employees and asked council direction in addressing these issues.
Law Director Andrew Zumbar: Explained the map attachment for Ordinance 125-06. Noted that Ordinance 118-06 has not sat the required time after approval by the Stark COunty Commissioners and is ripe for action. Explained the pending lawsuit filed against the Municipal Clerk of Courts for not accepting filings of a corporate officer of a corporation not represented by council and noted a pre-trial hearing on the matter is set for November 7, 2006. The settlement of the suit to enforce the zoning code limit of no more than 2 college students in a dwelling resulted in $3,500.00 in damages to the City on its claim based on the particular facts of this case.
Auditor Alexander Zumbar: Reviewed operational budget by department as of September 30, 2006.
STANDING COMMITTEE REPORTS:
Safety & Judiciary: Andreani: Commented on the Skate park progress and commended Parks Director Kim Cox. Recommended that Council not seek hearing on the liquor permit transfer from Taster's Choice to Pisanello's.
Motion and Second to waive the hearing on the liquor permit transer from Taster's Choice to Pisanello's. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Finance: Okey: Reminded Council that action needs to be taken on Ordinance 127-06.
Community Development: Phillips: Requested Vincent Marion address Ordinance 128-06 and 130-06 for clarification and noted the committee recommends passage.
Vincent Marion explained 128-06 and 130-06 and there was questions and comments by Okey and Price.
Planning, Zoning, & Housing: Price: Will meet on October 24, 2006 @ 8:30 AM in the Administration Building 2nd Floor Confrence room to discuss Ordinance 128-06 and its impact on the Safe Housing Ordinance and Zoning Ordinance.
Utilities: Rhome: No formal report and requested that Council bring 122-06 back to the floor.
Streets & Alley: Ryan: Noted that the paving program began on October 4, 2006 and all prep work in completed as well as some of the paving. All will be completed soon with the exception of Mahoning Avenue as the City is workin with Mahoning County to repair the culverts under the roadway.
Properties and Lands: Thompson: will be asking for passage of Ordinance 118-06 tonight.
PUBLIC SPEAKS:
Richard Cunin of 2915 Edgewood spoke in opposition to Safe Housing Ordinance.
Sandy Parks of 4551 Parks Avenue spoke in opposition to Safe Housing Ordinance.
Kelvin Anderson of 5844 Waterloo Road spoke in opposition to Safe Housing Ordinance.
Eric Wohlwend of 5844 Dueber Avenue spoke in opposition to Safe Housing Ordinance.
Kin Cox of 841 Birchwood Drive spoke of the Parks Department and skate park progress.
SPECIAL COMMITTEE REPORTS:
Kevin Ward, Alliance Clerk of Courts explained his absence following executive session at the October 10, 2006 Special meeting as he was managing a personnel issue in his office.
Councilperson Phillips explained that the Martin Luther Jr. Via Duct project will be made a City project by the Mayor.
THIRD READINGS: None
SECOND READINGS:
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".
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.
Ordinance 127-06: Introduced by Council as a Whole: An Ordinance authorizing the transfer of $37,000.00 from fund 101 General Fund Unappropriated tot he Clerk of Court Budgetary Accounts as set forth on attached Exhibit "A"; and declaring an emergency. Discussion by Okey, Rhome, Phillips, Andreani, Ryan, and Price as well as discussion with Clerk of Court Ward. Motion and Second to amend Ordinance to read "$10,000.00" rather than "$37,000.00" Roll Call: Unanimous for amendment. Motion and second to adopt as amended: Roll Call: Unanimous: ADOPTED AS AMENDED
Motion and Second to direct the Clerk of Court to attend the next regular council meeting on November 6, 2006 with a plan on funding and plans for cuts to fund the payroll for the remainder of the 2006 budget. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
NEW BUSINESS:
Ordinance 128-06: Introduced by Price/Phillips: An Ordinance authorizing and directing the Director of Public Safety and Service to enter into a contract with the Stark County Regional Planning Commission to provide housing rehabilitation technical assistance services to the City of Alliance; 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 129-06: 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 130-06: Introduced by Phillips: An Ordinance making appropriations and transfers of funds 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
OLD BUSINESS:
Ordinance 118-06: introduced by Thompson: An Ordinance accepting annexation of the park commons annexation area to the City of Alliance on application of owners of Real Estate; and declaring an emergency. Motion and second to adopt: Roll Call: Unanimous: ADOPTED
MISCELLANEOUS BUSINESS:
Discussion of Ordinance 122-06 and related financial issues. Discussion by all council members present. Motion and second to hold a "Town Hall" forum special council session to discuss city financial matters and possible tax issues with the public. Councilman Rhome to co-ordinate date and time. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 9:09 PM.
SUMMARY OF ACTIONS TAKEN:
Ordinance 118-06 ADOPTED
Ordinance 125-06 SECOND READING
Ordinance 126-06 SECOND READING
Ordinance 127-06 ADOPTED AS AMENDED
Ordinance 128-06 ADOPTED
Ordinance 129-06 ADOPTED
Ordinance 130-06 ADOPTED
_______________________________ ________________________________
JOHN BENINCASA, PRESIDENT GERARD T. YOST, COUNCIL CLERK