MINUTES OF JULY 6, 2009

REGULAR MEETING OF THE ALLIANCE CITY COUNCIL

 

 

The meeting was called to order by Clerk Yost in the absence of President Benincasa and President Pro Tem Okey at 7:00 P.M.

 

ROLL CALL: Alan Andreani, Roy Clunk, Phyllis Phillips, Roger Rhome, Sue Ryan, and Larry Thompson present.

 

Due to the absence of President Benincasa and President Pro Tem Okey, Clerk Yost called for nomination of a Presiding Councilman – Temporary President. 

 

Motion and second to appoint Councilman Andreani as Temporary President / Presiding Councilman for the meeting. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Councilman Thomson gave the Invocation and led the meeting in the Pledge of Allegiance.

ROLL CALL: Alan Andreani, Roy Clunk, Phyllis Phillips, Roger Rhome, Sue Ryan, and Larry Thompson present.

 

Motion and second to excuse Councilman Okey who is out of town due to a death in the family. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Motion and second to excuse President Benincasa who is out of town on family business. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Motion and second to approve the minutes of the June 15, 2009, Regular Council Meeting. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Motion and second to approve the minutes of the June 18, 2009, Special Council Meeting. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

 

 

COMMUNICATIONS:

 

The Clerk noted the following communications tendered to the clerk for Council:

 

1.         Notice of the June 18, 2009 Special Council Meeting

2.         Memorandum from Auditor Knowles RE: June 2009 Alliance Municipal Income Tax Recapitulation.

3.         Letter from City of Canton Division of Fire RE: Appreciation for stand by staffing for funeral of Captain Hall.

4.         Notice of the June 17, 2009 Downtown Special Events Commission Meeting.

5.         Notice of the July 18, 2009 Committee Meeting of Council of the whole.

6.         Notice of the June 24, 2009 Downtown Special Events Commission Meeting.

7.         Minutes of the July 1, 2009 Treasury Investment Board.

8.         Letter from Squire Sanders to Auditor Knowles RE: Waterworks System Debt service.

9.         Memorandum from Mayor Middleton RE: Receipts collected in Mayors office in the Month of June 2009

10.        Minutes of the June 1, 2009 Water and Sewer Advisory Board Meeting.

11.        E-mail from Director Blaser to Council RE: Street paving.

12.        E-mail from Councilman Okey to Director Blaser RE: Street paving

13.        E-mail from Engineer Bungard to Council RE: Street paving.

14.        Agenda for the July 15, 2009 Alliance City Planning Commission Meeting.

15.        Concert schedule for the Downtown Summer Concert Series.

16         Schedule for the Alliance Summer Fest at Collage Plaza.

17.        Notice from Ohio Division of Liquor Control RE: New application for Main Street Diner.

18.        Notice from Ohio Division of Liquor Control RE: License transfer from Rite Aid at 9 S. Union Ave. to Rite Aid at 1895 W. State Street.

19.        E-mail from Director Blaser to Council RE: Ordinance 53-09 and Paving at parks

20.        Memorandum form President Benincasa RE: Ordinance 49-09 and water situation.

21.        E-mail from Councilman Okey explaining absence from tonight’s meetings.

22.        Letter from Director RE: COPS Hiring Recovery Program.

23.        Notice of the July 8, 2009 Downtown Special Events Commission Meeting.

 

 

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 Formal Report.

 

 

 

Safety Service Director Blaser: Informed Council of an issue involving Ordinance 53-09 and the need to include grant funds to pave areas in the parks.  Informed Council procedurally this can be corrected by reconsideration, amending and then re-adopting the ordinance as amended.

 

Stated that there is no cost estimates on Ordinance 55-09 yet and asked Council to defer any action to a later date after giving it a third reading tonight.

 

Informed Council of the status of Ordinance 52-08 and 53-08 and stated the applicant’s ill health has delayed the necessary actions therefore  recommending to council to continue to differ action.

 

Informed Council of the status of the City mowing vacant homes and lots.  Informed Council the list currently consists of 356 lots so it is a very large undertaking and the administration is trying to accomplish it without a large expense.

 

Reviewed Ordinances 56-09; 58-09; 59-09; and 60-09

 

 

 

Law Director Andrew Zumbar:  Expressed to Council that if mowing complaints are received It may make a good referral to the Land Bank Reutilization program.

 

Informed Council that Bartolet v. Alliance was placed on the expedited briefing schedule and all briefs are submitted.  Expects an opinion soon.

 

Requested an executive session at the end of regular business to discuss pending litigation with no action to be taken after.  Session should include Council, Mayor. Safety Service Director, and Auditor but requesting Clerk be excused due to the appearance of a potential conflict.

 

 

Auditor Knowles: Reviewed the June 2009 Alliance Municipal Income Tax Recapitulation.

 

 

 

STANDING COMMITTEE REPORTS:

 

Safety & Judiciary: Andreani:  No Formal Report. Noted the Liquor permit application received for application for Main Street Diner and noted the Police Department notes no problems there or with the transfer.

 

Motion and second to waive the hearing on the Liquor permit application for Main Street Diner.  MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Noted the Liquor permit transfer received for application for Rite Aid and noted there is time before action is needed.  Wants no action on this yet while more research is done on the issue.

 

Properties and Lands: Clunk: No formal report.

 

Finance: Okey: Absent, No formal report.

 

Community Development: Phillips:  No formal report.

 

Utilities:  Rhome:  Discussed the July 6, 2009 Water and Sewer Advisory Board Meeting.  Noted the progress on MIB counts and the progress on hydrant flushing.

 

Noted the committee gave favorable recommendation for ordinance 59-09.

 

Streets & Alley: Ryan: No formal report.

 

Will be asking to reconsider ordinance 53-09 as set forth by the Safety Service Director.

 

Planning, Zoning, & Housing: Thompson: No formal report.

 

Motion and second to hold an executive session at the end of regular business to discuss pending litigation with no action to be taken after.  Session should include Council, Mayor. Safety Service Director, and Auditor but the Clerk shall be excused due to the appearance of a potential conflict. Roll Call: Unanimous MOTION PASSED.

PUBLIC SPEAKS:

Latoya Gooden of 1010 South Liberty Ave. Alliance, Ohio discussed the City role in utilizing Stimulus grants and community development and revitalization.

 

Sarah Brown of 1200 Fernwood Blvd. Alliance, Ohio discussed the opposition to Cap and Trade legislation in Congress and requested Council formally oppose it.

 

Jeremiah Curtis of 18976 Middletown Road, North Benton announced to Council his candidacy for the 33 district Ohio Senate Seat and his position on various issues.

 

 

 

THIRD READINGS:

 

Ordinance 55-09: Introduced by Rhome and Andreani: An Ordinance authorizing and directing the Director of Public Safety and Service to request qualifications and enter into a professional services contract for engineering and design services of integrating Ultraviolet light into t he treatment process at the Water Treatment Plant; and declaring an emergency. NO FORMAL ACTION.

 

 

 

SECOND READINGS: None

 

 

 

NEW BUSINESS:  

 

 

Ordinance 56-09: Introduced by Rhome and Andreani: An Ordinance authorizing and directing the Director of Public Safety and Service of the City of Alliance to enter into a contract with the Stark County Regional Planning Commission to provide monitoring of Federal Wage rates on construction projects for 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 57-09: Introduced by Thompson: An Ordinance vacating a 15 foot alley North of Overlook Drive and West of Rockhill Avenue in the City of Alliance, County of Stark, and State of Ohio. Motion and second to Refer to the Planning Commission: Roll Call: Unanimous for Referral. REFERRED TO ALLIANCE CITY PLANNING COMMISSION.

 

 

Ordinance 58-09: Introduced by Ryan and Clunk: An Ordinance accepting and approving the accesses right of way dedication plat for the Dr. Martin Luther King, Jr. viaduct in the City of Alliance, Stark County, and State of Ohio; and declaring an emergency.  Motion and second to Refer to the Planning Commission: Roll Call: Unanimous for Referral. REFERRED TO ALLIANCE CITY PLANNING COMMISSION.

 

 

Ordinance 59-09: Introduced by Rhome and Andreani: An Ordinance authorizing and directing the Director of Public Safety and Service to enter into a contract for the purpose of purchasing a new backhoe for the water and sewer distribution department through the cooperative purchasing programs of the Ohio Department of Transportation or to advertise for bids and enter into a contract with another vendor at the lowest and best price, but for a cost not to exceed $77,000 in and 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 60-09: Introduced by Ryan and Clunk: An Ordinance accepting and approving the granting of an easement to Taco Bell for construction of a sidewalk within the right of way of Penn Avenue in the City of Alliance, Stark County, and State of Ohio; and declaring an emergency. Motion and second to Refer to the Planning Commission: Roll Call: Unanimous for Referral. REFERRED TO ALLIANCE CITY PLANNING COMMISSION.

 

 

Motion and second to reconsider Ordinance 53-09: Roll Call: Unanimous for reconsideration. Motion and second to amend Ordinance 53-09 to include new dollar limit language: Roll Call: Unanimous for amendment. Motion and second to adopt as amended: Roll Call: Unanimous: ADOPTED AS AMENDED.