MINUTES OF JUNE 15, 2009

REGULAR MEETING OF THE ALLIANCE CITY COUNCIL

 

The meeting was called to order by President Benincasa at 7:00 P.M. Councilman Ryan 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 June 1, 2009, Regular Council Meeting. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

COMMUNICATIONS:

 

Motion and second to receive and file all communications tendered to the Clerk.  MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

ADMINISTRATIVE REPORTS:

 

Mayor Middleton:  Absent, No Formal Report.

 

Safety Service Director Blaser: Reviewed the Water odor and taste situation and the MIB counts affecting it as well as the ongoing efforts to combat it and the testing to locate sources of problems.

 

Addressed Ordinance 55-09 and its incorporation into water treatment process.

 

Motion and second to direct the Clerk to send a letter of thanks to Morgan Engineering.  MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Reviewed Ordinances 51-09; 52-09; 53-09; and 54-09

 

Law Director Andrew Zumbar: Informed Council of an issue involving Ordinance 48-09 and the lack of a penalty section.  Informed Council procedurally this can be corrected by reconsideration, amending and then re-adopting the ordinance as amended.

 

Informed Council that an answer has been filed with a counter claim in the jail dispute lawsuit and informed if council wishes to discuss the matter it should be done in executive session as pending litigation.

 

Relayed that the Downtown Special Events Commission is beginning its summer schedule on June 19, 2009 with the first summer concert at 6PM in the caboose parking lot with Cool Nights Band.

 

Auditor Knowles: Reviewed the General Fund Summary / Operational Budget Report as of May 31, 2009.

 

Reviewed the Auditor of State Bulletin 2007-014 and the Public Record Law. Informed Council that all elected officials must have the required training once per term.  Also informed council that he has the training and can act as designee for any elected official that wishes.

 

Motion and second to direct the Clerk to send a letter for Kevin Knowles to act as public records designee for any official that so desires.  MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Reviewed Ordinance 52-09 and the reason for its need passed on State Audit findings.

 

STANDING COMMITTEE REPORTS:

 

Council President Benecasa made note of personal exchanges that occurred between councilmen at last meeting during committee reports and warned against such conduct.  President Benincasa also noted some mis-quotes and inaccurate statements that were made based upon his independent investigation and advised council to act professionally.

 

Safety & Judiciary: Andreani:  No Formal Report. Noted the Liquor permit transfer received for LL Kane Oil LTD to transfer to Macs Convenience Stores LLC DBA Circle K at 911 West State Street and noted the Police Department notes no problems there or with the transfer.

 

Motion and second to waive the hearing on the Liquor permit transfer received for LL Kane Oil LTD to transfer to Macs Convenience Stores LLC DBA Circle K at 911 West State Street.  MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Properties and Lands: Clunk: No formal report.

 

Finance: Okey: Reported on the June 4, 2009 Committee meeting to review Ordinance 25-09 and the concerns that may arise from maintaining the staffing levels in the police department within the budgets

 

Reported that he has received information that the notice regarding Layoffs at PTC Alliance relates to layoffs that have already occurred not to future layoffs

 

Community Development: Phillips:  Noted the Martin Luther King Jr. Viaduct Advisory Board meeting is set for June 22, 2009 to meet with the engineers and finalize plans.

 

Asking for support for Ordinance 51-09.

 

Discussed Street paving in Ward 2 and question if enough money was spent in the target area for the HUD money that was set aside for that purpose.

 

Utilities:  Rhome:  No formal report.

 

Streets & Alley: Ryan: No formal report.

 

Thanked the Engineer for his work on the paving list and ordinance 53-09 announced the committee had planned to meet to review the list when complete but believes it will cause unnecessary delay.  Noting Councilperson Phillips’ concerns as well as concern over delaying construction waiting on the next council meeting which is three weeks away the possibility of a special council meeting was discussed to review and act on Ordinance 53-09

 

Motion and second to set a Special Council Meeting for Thursday June 18, 2009 @ 9:00 AM in the City Administration Building second floor conference room at 504 East Main Street to discuss and take any action on Ordinance 53-09 and any other business before council.  MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Addressed Ordinances 48-09 and the need to reconsider as outlined by the law director.

 

Planning, Zoning, & Housing: Thompson: Reported the Committee will meet to review Ordinance 45-09 and noted that some language is currently being addressed and another committee meeting will be scheduled for further review.

 

Asked that Ordinance 48-09 be referred to Planning Zoning & Housing Committee.

 

PUBLIC SPEAKS: None

 

THIRD READINGS: None

 

SECOND READINGS:

 

Ordinance 45-09: Introduced by Clunk and Thompson: An Ordinance amending the Alliance City Zoning Code as adopted by Ordinance 130-05 and subsequently amended. NO FORMAL ACTION.

 

Ordinance 49-09: Introduced by Okey and Ryan: An Ordinance to authorize and require a one-time credit not exceeding $15.00 to the monthly water bill of each residential customer of water from the City of Alliance who purchases a water filter product under certain terms and conditions; and to declare an emergency.

 

NEW BUSINESS:  

 

Motion and second to reconsider Ordinance 48-09: Roll Call: Unanimous for reconsideration. Motion and second to amend Ordinance 48-09 to include subsection (e) with the penalty language: Roll Call: Unanimous for amendment. Motion and second to adopt as amended: Roll Call: Unanimous: ADOPTED AS AMENDED.

 

Ordinance 51-09: Introduced by Phillips: An Ordinance allocating Five Thousand Dollars ($5,000.00) per year to the Stark County Development Board Inc. for a period of three years, commencing in 2009, for purposes 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 52-09: Introduced by Andreani: An Ordinance amending ordinance 20-09 making permanent appropriations for the General Fund, Water Fund, Sewer fund and other City funds; 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 53-09: Introduced by Ryan: An Ordinance authorizing and directing the Director of Public Safety and Service to advertise for bids and enter into contracts for services to complete and carry out the 2009 comprehensive road resurfacing and overlay program in an amount not to