MINUTES OF THE AUGUST 6, 2007
REGULAR MEETING OF THE ALLIANCE CITY COUNCIL
The meeting was called to order by President Benincasa at 7:00 P.M.. Councilperson Phillips gave the invocation and led the meeting in the Pledge of Allegiance.
ROLL CALL: Alan Andreani, Phyllis Phillips, Warren Price, Roger Rhome, Sue Ryan and Larry Thompson present.
Motion and Second to Excuse Councilperson Steve Okey due to his being out of town on an unexpected personal matter of urgency. MOTION PASSED BY ACCLAMATION OF ALL REMAINING MEMBERS.
MINUTES: Motion and second to table approval the minutes of the July 16, 2006 regular meeting due to a mix up not getting them distributed to council members prior to the meeting. MOTION PASSED BY ACCLAMATION OF ALL REMAINING MEMBERS.
COMMUNICATIONS:
1. Minutes of the June 20, 2007 Alliance City Planning Commission meeting.
2. Memo from Auditor Zumbar dated June 18, 2007 RE: Operational Budget report by Department as of June 29, 2007.
3. Certificate of Estimated property tax revenue from the Stark County Auditor dated July 16, 2007.
4. Certificate of Estimated property tax revenue from the Mahoning County Auditor dated July 19, 2007.
5. Letter and Resolution from the Stark County Commissioners dated July 19, 2007 RE: continuation of the hearing on the WMMT-RFIPM Annexation.
6. Letter from Auditor Zumbar to Clerk of Court Ward dated July 23, 2007 RE: General Fund Payroll and Fringe benefit code transfers.
7. Letter from Engineer Bungard to Mayor, Director and Council dated July 30, 2007 RE: 2007 Paving Program.
8. Notice from the Ohio Division of Liquor Control dated July 30, 2007 RE: new liquor permit application for Certified Oil Corp.
9. Letter from the Ohio Division of Liquor Control dated July 31, 2007 RE: distribution of liquor permit licensing fees.
10. Memo from Auditor Zumbar dated July 31, 2007 RE: July 2007 Alliance Municipal Income Tax Recapitulation.
11. Notice of Assignment from the 5th District Court of Appeals dated July 31, 2007 RE: oral argument schedule for Sherry’s Treasures vs. Alliance City Board of Zoning Appeals.
12. Agenda for the August 15, 2007 Alliance City Planning Commission Meeting dated August 1, 2007.
13. Memo from Mayor Middleton dated August 6, 2007 RE: Receipts collected in the Mayor’s Office for the Month of July 2007.
14. Letter from Stark Metropolitan Housing Authority RE: August Meeting in Alliance.
Motion and second to receive and file all communications tendered to the Clerk and to refer Item number 8 to the Safety and Judiciary Committee. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
ADMINISTRATIVE REPORTS:
Mayor Middleton: Reviewed Ordinance 91-07.
Addressed the news story of lay offs at Alliance Castings and the efforts to minimize the numbers and stabilize the company
Noted that Alliance ranked high in a business magazine study of best areas or cities for companies to expand and re-locate.
Safety Service Director Blaser: Reviewed Ordinances 89-07, 93-07, 94-07, 95-07, 97-07, 98-07, and addressed issues raised in proposed Resolution for traffic light study at East State Street and Potters Creek.
Law Director Andrew Zumbar: Noted that the answer was filed in Admonius vs. City of Alliance.
Reviewed and discussed the annexation hearing set for August 7, 2007 @ 7:00 in Lexington Township Administrative Building.
Reviewed the WMMT annexation and announced that the Hearing had been continued in that matter and that Ordinance 84-07 is probably moot but requested no action related to it at this time.
Auditor Alexander Zumbar: No formal report.
STANDING COMMITTEE REPORTS:
Safety & Judiciary: Andreani: No Formal Report. Committee will review the liquor permit application. Requested action on Ordinances 85-07, 89-07, 90-07, 92-07, 93-07, 95-07, and 97-07.
Finance: Okey: Absent, No Report.
Community Development: Phillips: No Formal Report.
Planning, Zoning, & Housing: Price: No Formal Report.
Utilities: Rhome: Reported on Monthly Meeting of the Advisory Board earlier in the day.
Streets & Alley: Ryan: No Formal Report. Requested action on Ordinance 94-07.
Properties and Lands: Thompson: Reported that the Certification was back from the county auditor on the levy amounts for the parks levy. Requested action on Ordinance 88-07.
At 7:30 P.M. Council proceeded with its scheduled public hearing on Ordinances 81-07. Clerk Yost read the Notice of the Public hearing and its publication. President Benincasa made three (3) calls for all those wishing to speak in favor of the Ordinance. Upon observing no response President Benincasa made three (3) calls for all those wishing to speak in opposition to the Ordinance. Upon observing no response President Benincasa declared the public hearing closed at 7:32 P.M.
SPECIAL COMMITTEE REPORTS: Larry Pyers of the Revolving Loan Review Committee reported on the committee’s review of an application of Jeff Jakmides and the recommendation of approval of Ordinance 92-07.
At 7:35 P.M. Council proceeded with its scheduled public hearing on Ordinances 82-07. Clerk Yost read the Notice of the Public hearing and its publication. President Benincasa made three (3) calls for all those wishing to speak in favor of the Ordinance. Upon observing no response President Benincasa made three (3) calls for all those wishing to speak in opposition to the Ordinance. Upon observing no response President Benincasa declared the public hearing closed at 7:37 P.M.
THIRD READINGS: None
SECOND READINGS:
Ordinance 87-07: Introduced by Andreani: An Ordinance amending the rules of City Council to add a rule to require an estimate of the cost of ordinances introduced by any member of Council in the City of Alliance, Stark and Mahoning Counties and State of Ohio.
Resolution 88-07: Introduced by Rhome, Thompson, Ryan and Andreani: A Resolution Certifying to the Board of Elections the issue of a 2.75 Mill additional tax levy for park and recreation purposes pursuant to Ohio Revised Code Section 5705.19(H) for a period of five years to be voted upon by the electors of the City of Alliance; and declaring an emergency. Motion and Second to amend to include auditors certifications as the exhibit “A”: Roll Call: Unanimous for amendment. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt as amended: Roll Call: Unanimous: ADOPTED AS AMENDED.
NEW BUSINESS:
Ordinance 89-07: Introduced by Andreani: An Ordinance authorizing and directing the Director of Public Safety and Service to accept a $1,000 grant from the Ohio Department of Public Safety, Division of Emergency Medical Services for use by the Alliance Fire Department; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt as amended: Roll Call: Unanimous: ADOPTED.
Ordinance 90-07: Introduced by Andreani and Okey : An Ordinance authorizing and directing the Director of Public Safety and Service to advertise for bids and enter into a contract to replace the elevator in the Alliance Municipal Court Building and the lowest and best price. NO ACTION TAKEN.
Ordinance 91-07: Introduced by Andreani: An Ordinance authorizing and directing the Mayor and Director of Public Safety and Service to enter into an Alliance Community Reinvestment Area Agreement with Commerce Investments, LLC DBA Winkle Industries; and declaring an emergency. NO ACTION TAKEN.
Ordinance 92-07: Introduced by Andreani: An Ordinance authorizing the Execution of a Loan Agreement with respect to the proceeds derived from Urban Development Action Grants (UDAG) in the amount of $40,000 to Jeff Jakmides; 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 93-07: Introduced by Andreani: A Resolution authorizing and adopting the “City of Alliance Ohio Premium Only Plan” under section 125 of the Internal Revenue Code; 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 94-07: Introduced by Ryan: An Ordinance authorizing and directing the Director of Public Safety and to advertise for bids and enter into a contracts for services to complete and carry out the 2007 Comprehensive Road Resurfacing and Overlay Program in an amount not to exceed $300,000; 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 95-07: Introduced by Andreani: An Ordinance authorizing and directing the Director of Public Safety and Service to advertise for bids and enter into a contract for brick restoration of the Municipal Court Building, Formerly City Hall; 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 96-07: Introduced by Rhome: An Ordinance accepting and approving the replat of Lot 4568 and 4569 Located on North Lincoln Avenue Street in the City of Alliance, County of Stark, and declaring an Emergency. Motion and second to refer to the Alliance City Planning Commission: Roll Call: Unanimous for referral: REFERRED TO THE ALLIANCE CITY PLANNING COMMISSION.
Ordinance 97-07: Introduced by Andreani: An Ordinance making appropriations and transfers of funds in the 2007 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.
Resolution 98-07: Introduced by Okey and Price: A Resolution Directing the Director of Public Safety and Service and the City Engineer to investigate the installation of traffic signals at the intersection of East State Street and the entrance to the Potters Creek Development, and to report to City Council within 30 days on the feasibility and procedures necessary for such installation. Motion and second to remove from agenda and re number due to lack of distribution to Council members: Roll Call: Unanimous for removal. REMOVED FROM AGENDA.
Ordinance 98-07: Introduced by Rhome: An Ordinance Authorizing and Directing the Director of Public Safety and Service to request qualifications and enter into a professional services contract engineering and design services for repairs and improvements to the Martin Luther King Memorial Bridge; 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 81-07: Introduced by Rhome: An Ordinance vacating part of a 20 foot alley East of Union Avenue and South of Perry Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.
Ordinance 82-07: Introduced by Rhome: An Ordinance accepting and approving the replat of all of outlot 678 on West State Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.
Ordinance 85-07: Introduced by Andreani: An Ordinance authorizing and directing the director of Public Safety and Service to apply for, receive and expend a Byrne Justice Assistance Grant in the amount of $12,153; and declaring an emergency. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.
ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 7:46 P.M..
SUMMARY OF ACTIONS TAKEN:
Ordinance 81-07 ADOPTED
Ordinance 82-07 ADOPTED
Ordinance 85-07 ADOPTED
Ordinance 87-07 SECOND READING
Ordinance 88-07 ADOPTED AS AMENDED
Ordinance 89-07 ADOPTED
Ordinance 90-07 FIRST READING
Ordinance 91-07 FIRST READING
Ordinance 92-07 ADOPTED
Resolution 93-07 ADOPTED
Ordinance 94-07 ADOPTED
Ordinance 95-07 ADOPTED
Ordinance 96-07 REFERRED TO THE PLANNING COMMISSION
Ordinance 97-07 ADOPTED
Ordinance 98-07 ADOPTED
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JOHN BENINCASA, PRESIDENT GERARD T. YOST, COUNCIL CLERK