Alliance City Council

MINUTES OF THE MARCH 3, 2008

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, Roy Clunk, Steve Okey, Phyllis Phillips, Roger Rhome, Sue Ryan and Larry Thompson present.

Motion and second to approve the minutes of the February 19, 2008 Regular Council Meeting. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

COMMUNICATIONS:

1. Announcement of OMCA Spring Conference.

2. Agenda for the March 19, 2008 Planning Commission Meeting.

3. Letter from JEAA Enterprises LLC RE: Safe Housing Ordinance.

4. Notice from Ohio Division of Liquor Control RE: Application of Canton Pizza Inc. DBA Pizza Hut on State Street for liquor license change

5. Notice from Ohio Division of Liquor Control RE: Application of Canton Pizza Inc. DBA Pizza Hut on State Street for liquor license stock holder change.

6. Memo from Auditor Zumber RE: February 2008 Municipal Income Tax Recapitulation

7. Letter from Sherry Berletich RE: City Income Tax Credit.

8. Notice of Downtown Special Events Commission Meeting on February 21, 2008 at 6:00 pm.

9. Announcement of Stark County Easter Egg Hunt on March 22, 2008 at Bosley Farm.

10. Letter from Municipal Publications RE: Available services.

11. Notice of Finance Committee Meeting on February 15, 2008 at 8:30 am

12. Notice of Finance Committee Meeting on February 22, 2008 at 8:30 am

13. Notice of Planning Zoning and Housing Committee Meeting on February 22, 2008 at 9:00 am

14. Letter from Alliance Professional Firefighters Association IAFF Local 480 RE: Issues with the fire department and first responders.

15. Sidewalk Construction and replacement program guidelines and application

16. Announcement of the 2008 Leadership Development Conference for women.

17. Minutes of the February 20, 2008 Planning Commission Meeting

18. Letter from Mayor Middleton RE: Receipts collected in the Mayor’s Office for the month of February 2008

19. Minutes of the February 21, 2008 Downtown Special Events Commission

20. Notice of public meeting of the Downtown Special Events Commission on March 20, 2008 at 6:00 pm at Anthony’s restaurant.

21. Letter from Auditor Zumbar RE: State Audit

22. Letter from Auditor Zumbar RE: Organizational affiliations form for the State Audit.

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: Explained the Application for attachment to Ordinance 116-08.

Reported that Ordinances 132-07 and 133-07 received conditional approval from the Planning Commission not awaiting an updated plat from property owner.

Reviewed Ordinances 23-08; 24-08; 25-08; 29-08; and 30-08.

Law Director Andrew Zumbar: Reported that the new law suit filed by a criminal defendant that was aquitted at a jury trial of an incident at Walmart has been picked up by insurance council.

Reported that the brief was filed in the Thunder Hill Annexation appeal at the Court of Appeals and the WMMT Annexation appeal brief should be filed this week.

Auditor Alexander Zumbar: Reviewed the February 2008 Municipal Income Tax Recapitulation.

Related that the Organizational affiliations form for the State Audit is needed by Fridat March 7, 2008.

Reported that the State Audit is progressing and asked council and department heads to be patient and cooperative.

Reviewed Ordinance 28-08

STANDING COMMITTEE REPORTS:

Safety & Judiciary: Andreani: No formal report

Motion and second waive a hearing on the State Liquor permit modification for stock change for Pizza Hut. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Motion and second waive a hearing on the new D-3 State Liquor permit application for Pizza Hut. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Properties and Lands: Clunk: No formal report.

Finance: Okey: Reported on the February 22, 2008 meeting and the discussion of Ordinance 14-08 which is not yet ready for council action.

Reported the committee will need to meet to discuss the budget and ordinance 17-08.

Discussion of the Downtown special events commission meeting on February 21, 2008 at 6:00 pm at Anthony’s Restaurant and reported the commission will meet again on March 20, 2008 at 6:00 pm at Anthony’s Restaurant.

Community Development: Phillips: Reported on the February 29, 2008 meeting and requested Ordinance 26-08 and 27-08 receive favorable consideration by council.

Utilities: Rhome Reported on the March 3, 2008 Water and Sewer Advisory Board meeting and the discussion regarding Ordinance 25-08. Request that the ordinance be referred to Council as a committee of the whole for further consideration.

Streets & Alley: Ryan: asking for passage of Ordinance 116-07 with the guidelines presented by the Safety Service director attached.

Planning, Zoning, & Housing: Thompson: Reported the Committee February 22, 2008 was cancelled due to the bad weather and will be re-scheduled for March 7, 2008 at 8:30 AM in the Administration building 2^nd floor conference room to discuss Ordinance 14-08.

Public Speaks: Steve Okey of 2700 Fairway Drove, Alliance spoke of the Downtown Special Events Commision

Jenny Beltz of 13888 Bayton Street, Alliance spoke against the Safe Housing Ordinance.

Vernon Hawkins of 737 Woodland Avenue, Alliance Spoke of Summer Youth Programs.

Lloyd Burt of 417 Shelton Road, Salem spoke against the Safe Housing Ordinance.

THIRD READINGS:

Ordinance 14-08: Introduced by Okey Ryan and Thompson: An Ordinance to amend Chapter 771 of the Codified Ordinances of Alliance Ohio to establish the Safe Housing Fund and to allocate a portion of safe housing revenue to the director of law for purposes of enforcement. NO FORMAL ACTION.

Ordinance 17-08: Introduced by Andreani: An Ordinance providing for the repayment of the $500,000 loan to the General Fund from the Master Capital Improvement Fund and the Water Income Tax Fund. NO FORMAL ACTION.

Ordinance 18-08: Introduced by Rhome and Clunk: An Ordinance amending Ordinance 138-07; and declaring an emergency Motion and second to adopt: Roll Call: 4 to 3 in favor (Okey, Phillips, and Ryan against): ADOPTED.

Roger Rhome announced his resignation from the Downtown Special Events Commission to clarify whatever confusion exists as to his membership on the committee or not.

Steve Okey announced his resignation from the Downtown Special Events Commission due to the passage of Ordinance 18-08.

SECOND READINGS:

Ordinance 20-08: Introduced by Andreani: An Ordinance making appropriations for 2008 for the General Fund and other City fund, and authorizing the Auditor to draw his warrants for payment of any appropriations upon receiving proper certificates and vouchers; and declaring an emergency. NO FORMAL ACTION.

Ordinance 21-08: Introduced by Rhome: An Ordinance An Ordinance authorizing and directing the Director of Public Safety and Service to advertise for bids and report his findings to City Council for further council action to enter into a contract fro municipal solid waste collection with curbside recycling in the City of Alliance; and declaring an emergency. NO FORMAL ACTION.

NEW BUSINESS:

Ordinance 23-08: Introduced by Rhome and Thompson: An Ordinance amending Substitute Ordinance S17-02 pertaining to wages and benefits for City of Alliance Employees while on Military Duty; and declaring an emergency. Motion and second to refer to Finance Committee: Roll Call: Unanimous for referral: REFERRED TO FINANCE COMMITTEE.

Ordinance 24-08: Introduced by Rhome: An Ordinance An Ordinance authorizing and directing the Director of Public Safety and Service to enter into a composting grant agreement with the Stark-Tuscarawas-Wayne Joint solid waste management district; 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 25-08: Introduced by Okey and Clunk: An Ordinance to repeal Ordinance 8-08 in order to prevent the unnecessary spending of approximately $425,000.00 of public funds; and declaring an emergency. Motion and second to refer Council as a Committee of the whole: Roll Call: Unanimous for referral: REFERRED TO COUNCIL AS A COMMITTEE OF THE WHOLE.

Ordinance 26-08: Introduced by Council as a Whole: An Ordinance authorizing and recommending to the Stark County Commissioners the continuance of the Tax Abatement Agreements with Terry’s Tire Town, Robertson Heating and Supply Company, Costal Pet Products and Winkle Industries; 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 27-08: Introduced by Council as a Whole: An Ordinance authorizing and recommending to the Stark County Commissioners the continuance of the Alliance Community Reinvestment Area (CRA) Agreement Tax Abatement with Costal Pet Products CRA No. 1, Costal Pet Products CRA No. 2,and Winkle Industries, Terry’s Tire Town, Lavery-Chevrolet Buick, Inc., and Trilogy Real Estate Partners, LLC.; 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 28-08: Introduced by Andreani: A Resolution authorizing the Auditor of the City of Alliance, Ohio to establish the Tax Incentive review and expenditure codes; 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 29-08: Introduced by Thompson: An Ordinance accepting and approving the replat of lot 6384 on the east side of Sawburg Avenue between Overlook Drive and Raywood Drive in the City of Alliance, County of Stark, and State of Ohio. Motion and second to refer to The Alliance City Planning Commission: Roll Call: Unanimous for referral: REFERRED TO PLANNING COMMISSION.

Ordinance 30-08: Introduced by Ryan: An Ordinance vacating a North South Alley and an East West Alley East of South Union Avenue between Rosenberry Street and Milner Street, in the City of Alliance, County of Stark, and State of Ohio. Motion and second to refer to The Alliance City Planning Commission: Roll Call: Unanimous for referral: REFERRED TO PLANNING COMMISSION.

Ordinance 22-08: Introduced by Council as a Whole and the Administration: An Ordinance amending Alliance Codified Chapter 177 “Economic Development Program; and declaring an emergency. Motion and second to refer to Community Development Committee and Finance Committee: Roll Call: Unanimous for referral: REFERRED TO COMMUNITY DEVELOPMENT COMMITTEE AND FINANCE COMMITTEE.

OLD BUSINESS:

Ordinance 116-07: Introduced by Rhome and Andreani: An Ordinance authorizing the Director of Public Safety and Service to create a program to provide assistance to property owners in the City of Alliance for sidewalk improvements. Motion and second to amend to include Ryan as a sponsor: Roll Call: Unanimous for amendment. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.

Motion and second to meet in workshop session as a committee of the whole on March 17, 2008 @ 6:00 PM to discuss Ordinance 25-08. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 8:14 P.M.

SUMMARY OF ACTIONS TAKEN:

Ordinance 14-08 THIRD READING

Ordinance 17-08 THIRD READING

Ordinance 18-08 ADOPTED

Ordinance 20-08 SECOND READING

Ordinance 21-08 SECOND READING

Ordinance 22-08 SECOND READING

Ordinance 23-08 REFERRED TO FINANCE COMMITTEE

Ordinance 24-08 ADOPTED

Ordinance 25-07 REFERRED TO COUNCIL AS A COMMITTEE OF THE WHOLE

Ordinance 26-08 ADOPTED

Ordinance 27-08 ADOPTED

Resolution 28-08 ADOPTED

Ordinance 29-08 REFERRED TO PLANNING COMMISSION

Ordinance 30-08 REFERRED TO PLANNING COMMISSION

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JOHN BENINCASA, PRESIDENT GERARD T. YOST, COUNCIL CLERK