MINUTES OF THE NOVEMBER 5, 2007
REGULAR MEETING OF THE ALLIANCE CITY COUNCIL
The meeting was called to order by President Benincasa at 7:00 P.M. Councilperson Okey gave the invocation and led the meeting in the Pledge of Allegiance.
ROLL CALL: Steve Okey, Phyllis Phillips, Warren Price, Roger Rhome, Sue Ryan and Larry Thompson present.
Motion and Second to excuse Alan Andreani due to personal reasons. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Motion and second to approval the minutes of the October 15, 2007 regular Council Meeting. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
COMMUNICATIONS:
1. Ohio Municipal League Legislative Bulletin No. 17.
2. Letter from Attorney Cardinal RE: Notice of Appeal of the Thunder Hill Annexation.
3. Memorandum from Auditor Zumbar RE: October 2007 Alliance Municipal Income Tax Recapitulation.
4. Alliance City Planning Agenda and Amended Agenda for the November 21, 2007 meeting.
5. Stark County Prosecutor John Ferrero letter RE: Anti-gang seminar for November 8, 2007.
6. Memo from Mayor Middleton RE: Receipts collected in Mayor’s Office for October 2007.
Motion and second to receive and file all communications tendered to the Clerk. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
ADMINISTRATIVE REPORTS:
Mayor Middleton:. Discussion of Resolution 124-07 and urging its passage.
Discussion of Senate passage of Amtrak re-authorization bill granting $11.4 Billion for rail revitalization.
Announced there is an upcoming seminar in Pittsburgh which the administration will attend, Council members welcome to accompany.
Safety Service Director Blaser: Review of Ordinance 125-07; 126-07; 127-07; 128-07; 129-07; and 130-07.
Law Director Andrew Zumbar: Reviewed the Thunder Hill Annexation Appeal.
Mediation of the Quentin Yoho case should result in resolution of that matter as related to the City.
Ordinance 129-07 has the support of the Municipal Court / Judge Lavery.
Discussion of lawsuit involving Prosecutors and Law Directors involving sexually oriented businesses and Senat Bill 16.
Auditor Alexander Zumbar: Reviewed the Municipal Income Tax Recapitulation for October 2007.
Review of Exhibit “A” for Ordinance 128-07.
STANDING COMMITTEE REPORTS:
Safety & Judiciary: Andreani: Absent / no formal report.
Finance: Okey: Announced committee will meet with new Clerk of Court to discuss resolution of the ongoing budget issues left from formal clerk of court.
Community Development: Phillips: No formal report.
Discussion of sponsorship of ordinances.
Motion and second to amend ordinances in new business to include Committee chairman. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Planning, Zoning, & Housing: Price: Announced Committee will meet on November 19, 2007 @ 5:30 PM to discuss Ordinance 53-07
Utilities: Rhome: Discussed the Morning Advisory Board meeting.
Streets & Alley: Ryan: The Committee met on October 23, 2007 @ 9:00 a.m. to further discuss pedestrian safety issues and brainstorm sidewalk repair. The Safety Service Director will put together a proposal and another meeting will be scheduled.
Properties and Lands: Thompson: Committee will meet prior to next council meeting to discuss Ordinance 124-07.
Public Speaks:
Gary Deprill of 128 West Oxford Street discussed concerns of conditions of the City Cemetery.
THIRD READINGS:
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. NO FORMAL ACTION.
Ordinance 117-07: Introduced by Okey, Price and Ryan: An Ordinance to authorize and direct the Director of Public Safety and Service to install a traffic control signal at the intersection of U. S. 62 and Brayton Avenue, consistent with the provisions of the Ohio Department of Transportation manual and specifications for a uniform system of traffic control devices; and declaring an emergency. Motion and second to adopt: Discussion of referral to Finance Committee without further action. Referred to Council Rule 3.05 and requirement of 2/3 vote after 3 meetings without action. Roll Call: 5 to 1 (Rhome) MOTION FAILS FOR LACK OF 2/3 VOTE.
Resolution 121-07: Introduced by Council as a Whole: A Resolution Supporting Governor Ted Strickland’s Energy, Jobs and progress plan and urging passage of Senate Bill 221 introduced by Senator Schuler at the request of Governor Strickland. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.
SECOND READINGS
Ordinance 123-07: Introduced by Andreani: An Ordinance making temporary appropropriations 2008 for the General Fund, Water Fund, Sewer Fund and other City Funds, and authorizing the Auditor to draw payments from those appropriations upon receiving proper certificates and vouchers; and declaring an emergency. NO FORMAL ACTION.
Resolution 124-07: Introduced by Andreani: A Resolution establishing a "Go Green Duel Fuel Initiative" Committee. NO FORMAL ACTION.
NEW BUSINESS:
Ordinance 125-07: Introduced by Okey and Rhome: An Ordinance Allocating Five Thousand Dollars ($5,000.00) per year to the Alliance Area Development Foundation for 2007 to 2009, for the purpose of underwriting the cost of business development activities in 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 126-07: Introduced by Okey and Ryan: An Ordinance authorizing and directing the Director of Public Safety and Service to enter into a contract or contracts for the purpose of purchasing a mid-sized dump truck with hydraulic system, snow plow, and salt spreader for the Alliance Street Department through the cooperative purchasing programs of the Ohio Department of Transportation or the Ohio Department of Administrative Services or to advertise for bids and enter into a contract or contracts with another vendor or vendors at the lowest and best price, but for a cost not to exceed $50,000 in any case; 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 127-07: Introduced by Council as a Whole: An Ordinance authorizing and directing the Director of Public Safety and Service to accept a $2,500 grant from the Wal-Mart foundation 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: Roll Call: Unanimous: ADOPTED.
Ordinance 128-07: Introduced by Okey and Rhome: 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.
Ordinance 129-07: Introduced by Council as a Whole: An Ordinance authorizing and directing the Director of Public Safety and Service to enter into a two-year contract to provide legal counsel to indigent persons charged with loss of liberty offenses in the Alliance Municipal Court; 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 130-07: Introduced by Andreani and Rhome: An Ordinance authorizing and directing the Director of Public Safety and Service to enter into an agreement for State of Ohio Funds from the Office of the Attorney General to provide a grant for the Alliance Police Department in an amount not to exceed $39,928.00; 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.
ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 8:05 P.M..
SUMMARY OF ACTIONS TAKEN:
Ordinance 116-07 THIRD READING
Ordinance 117-07 THIRD READING
Ordinance 121-07 ADOPTED
Ordinance 124-07 SECOND READING
Ordinance 125-07 ADOPTED
Ordinance 126-07 ADOPTED
Ordinance 127-07 ADOPTED
Ordinance 128-07 ADOPTED
Ordinance 129-07 ADOPTED
Ordinance 130-07 ADOPTED
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JOHN BENINCASA, PRESIDENT GERARD T. YOST, COUNCIL CLERK