MINUTES OF JULY 6, 2009

REGULAR MEETING OF THE ALLIANCE CITY COUNCIL

 

 

The meeting was called to order by President Benincasa at 7:00 P.M. Councilman Andreani 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 July 6, 2009, Council Workshop Meeting. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Motion and second to approve the minutes of the July 6, 2009, Regular 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 Intent to incur indebtedness and consent RE: Alliance Community Hospital

2.         Memorandum from Auditor Knowles RE: General Fund Summary / Operational Budget Report as of June 30, 2009.

3.         Letter from the Ohio Division of Liquor Control RE: License transfer from Mark Bautista to Jaliscos Restaurant Inc.

4.         Letter from the Ohio Division of Liquor Control RE: License application of Briar Hill Foods.

5.         Agenda for the July 21, 2009 Board of Zoning Appeals meeting.

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

7.         Minutes of the June 16, 2009 Board of Zoning Appeals Meeting.

8.         Letter from Sara Brown RE: Proclamation on Cap and Trade Bill.

9.         Minutes of the July 6, 2009 Water and Sewer Advisory Board Meeting.

10.        Cities and Villages May / June Magazine.

 

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 the status of the work for Ordinance 55-09 with no more cost information available yet.  Asked Council to defer any action to a later date after more information is received.

 

Reported on Ordinance 57-09 the petition was withdrawn by petitioner at the Planning Commission meeting so there is no need for approval of ordinance.

 

Noted the new Exhibit “A” for Ordinance 58-09 and it needs amended to include the new exhibit and language.

 

Ordinance 60-09 does not need Planning Commission approval and may cause unnecessary delay in construction if council still wants Commission approval.  Advised Council of the possible desire to withdraw referral and proceed.

 

Discussion of national increase in nutrients causing MIB and the problems in Alliance Water supply with odor and smell.

 

Asking for executive session for discussion of labor negotiations and we may desire to take action after the executive session on ordinances 62-09, 63-09 and 64-09.

 

Reviewed Ordinances 62-09; 63-09; 64-09; 65-09; 66-09; 67-08; and 68-09

 

Discussion of the fire at cemetery and the origin and cause and reconstruction plans.

 

Law Director Andrew Zumbar:  Discussed the Notice of Intent to incur indebtedness and consent RE: Alliance Community Hospital due to the Bond covenants.

 

Informed Council the mediation in Jail Payment dispute litigation is ongoing and further sessions are scheduled.  Informed Council the matter could be discussed in more detail in executive session or on an individual basis if desired.

 

Discussed City of Alliance vs. Bartolet. The issues have been briefed and have a telephone pretrial is scheduled for July 31, 2009

 

Auditor Knowles: Reviewed Ordinance 61-09 and time table to meet deadlines.

 

Reviewed the General Fund Summary / Operational Budget Report as of June 30, 2009.

 

STANDING COMMITTEE REPORTS:

 

Safety & Judiciary: Andreani:  No Formal Report.

 

Noted the three Liquor permit applications received for and noted the Police Department and Law Director note no problems there or with the applications and transfers.

 

Motion and second to waive the hearing on the Liquor permit transfer for Rite Aid to Lane Drug.  MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Motion and second to waive the hearing on the Liquor permit application for Briar Hill foods.  MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Motion and second to waive the hearing on the Liquor permit transfer for Jalisco.  MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Thanked Council for cooperation last meeting while serving as Acting President in absence of the President and President Pro-Tem.

 

Properties and Lands: Clunk: No formal report.

 

Finance: Okey: Asking for action on Ordinance 49-09 and asking to be added as sponsor to Ordinance 65-09.

 

Thanked Council and community for support while dealing with recent death in family.

 

Community Development: Phillips:  Asking for support and action on Ordinance 66-09.

 

Utilities:  Rhome:  No formal report.

 

Streets & Alley: Ryan: No formal report.

 

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

 

PUBLIC SPEAKS: Peg Rodifer of 1500 Electric Blvd. discussed Ordinance 23-09S and its need for passage.

 

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

 

James Bolog of 450 McNally Court discussed neighborhood dogs and cats running at large around property.

 

THIRD READINGS:  None

 

SECOND READINGS:

 

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. NO FORMAL ACTION.

 

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 to amend to Substitute Exhibit “A” and to include the date of the Planning Commission Meeting; 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.

 

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 withdraw the Refer to the Planning Commission: Roll Call: Unanimous for withdrawal of Referral. Motion and second to amend to withdraw fourth Whereas clause; 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:  

 

Resolution 61-09: Introduced by Council as a Whole: A Resolution providing for the Alternative Tax Budget for 2010; and declaring an emergency. NO FORMAL ACTION.

 

Ordinance 62-09: Introduced by Andreani: An ordinance ratifying a contract between the City of Alliance and the Ohio Patromen’s Benevolent Association for the Police Patrolmen’s Bargaining Unit; and declaring an emergency. No formal action at this time.

 

Motion and second to hold an executive session at the end of regular business to discuss pending litigation and labor negotiations with possible action to be taken on Ordinances 62-09, 63-09 and 64-09 afterwards.  Session should include Council, Mayor, Safety Service Director, Auditor Police Chief, and the Clerk of Council. Roll Call: Unanimous MOTION PASSED.

 

Ordinance 63-09: Introduced by Andreani: An ordinance ratifying a contract between the City of Alliance and the Ohio Patromen’s Benevolent Association for the Police Dispatcher’s Bargaining Unit; and declaring an emergency. No formal action at this time.

 

Ordinance 64-09: Introduced by Andreani: An ordinance ratifying a contract between the City of Alliance and the Ohio Patromen’s Benevolent Association for the Police Supervisors’ Bargaining Unit; and declaring an emergency. No formal action at this time.

 

Ordinance 65-09: Introduced by Ryan Okey and Phillips: An ordinance authorizing and directing the Director of Public Safety and Service to enter into a grant agreement with the Stark County Transportation Improvement 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 66-08: Introduced by Phillips: An Ordinance amending Ordinance 61-08 authorizing a contract for 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.

 

Ordinance 67-09: Introduced by Clunk 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 One Ton dump truck for the Alliance Parks 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 $24,000 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.

 

Resolution 68-09:  Introduced by Andreani:  A Resolution authorizing the Auditor of the City of Alliance to establish the Alliance Neighborhood Stabilization Fund; and to establish revenue 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.

 

Proclamation: Introduced by Andreani;  A Proclamation urging U.S. Senators Sherrod Brown and George Voinovich to vote against “Cap and Trade.”  Motion and Second to Table: Roll Call: 5 (Clunk, Okey, Phillips, Ryan, and Thompson) in favor to 2 (Andreani and Rhome) against. Matter tabled.

 

Motion and Second to adopt Ordinance 49-09. Roll Call: 4 (Okey, Phillips, Ryan, and Thompson) in favor to 3 (Andreani, Clunk, and Rhome) against. ADOPTED.

 

Ordinance 23-09-S: Introduced by Andreani and Thompson: An Ordinance amending Chapter 1327, “Licensing of Contractors” to provide citizens with the ability to Grieve issues relating to contractors. Motion and Second to refer to the Planning Zoning and Housing Committee: Roll Call: Unanimous. REFERRED TO PLANNING, ZONING AND HOUSING COMMITTEE.

 

Council entered executive session at 8:25 P.M.

 

Council re-entered regular session at 8:50 P.M

 

Motion and second to suspend rules on Ordinance 62-09: Roll Call: Unanimous for rules suspension. Motion and second to adopt on Ordinance 62-09: Roll Call: Unanimous: ORDINANCE 62-09 ADOPTED.

 

Motion and second to suspend rules on Ordinance 63-09: Roll Call: Unanimous for rules suspension. Motion and second to adopt on Ordinance 63-09: Roll Call: Unanimous: ORDINANCE 63-09 ADOPTED.