MINUTES OF SEPTEMBER 8, 2009

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, and Larry Thompson present.

 

Motion and second to excuse Councilperson Ryan who is out of town. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Motion and second to approve the minutes of the August 3, 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.         Memorandum from Auditor Knowles RE: August 2009 Alliance Municipal Income Tax Recapitulation.

2.         Letter from the Ohio Division of Liquor Control RE: License Application for Tamarkin Co. DBA Getgo.

3.         Letter from the Ohio Municipal League RE: 58^th Annual Conference.

4.         Notice of the August 26, 2009 Downtown Special Events Committee Meeting.

5.         Notice of the August 27, 2009 Safety and Judiciary Committee Meeting.

6.         Notice of Public Hearing on Ordinance 45-09 for September 8, 2009 @ 7:30 PM.

7.         July / August Cities & Villages Magazine.

8.         Memo from Director Blaser RE: Water filter coupons.

9.         Letter from the Ohio Consumer’s Counsel RE: Verizon / Frontier Merger

10.        Letter from President Benincasa RE: Governmental Organization.

11.        Letter from Mayor Middleton RE: Receipts collected in Mayor’s office in August 2009

12.        Communications from Councilman Okey and Mayor Middleton RE: APX Alarm Licenses.

 

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: Reported information on Ordinance 52-08 and 53-08 and the progress in gaining ownership of the other remaining properties.

 

Amount information on Ordinance 55-09  is available and may be inserted into the legislation for action.

 

The agreement to attach to Ordinance 72-09 is here and may be included to take action.

 

Reported on Licensing of door to door solicitation and related to APX Alarm solicitors.

 

Notified of upcoming HAZMAT drill at water treatment plant on September 10, 2009.

 

Reviewed Ordinance 76-09, 77-09, and 81-09

 

Update of paving progress and status of traffic light at potter’s creek.

 

Law Director Andrew Zumbar:  Reported on the briefing in the jail dispute litigation and progress and the mediation schedule.

 

Reported on Ordinance 79-09.

 

Reported on door to door solicitor’s ordinance and the concern of constitutionality.  Asking Safety and Judiciary Committee to review the options.

 

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

 

PUBLIC HEARING:  At 7:30 PM Clerk Yost read the Notice of Public Hearing.  President Benincasa called three times for anyone wishing to speak in favor of the Ordinance.  Hearing no response, President Benincasa called three times for anyone wishing to speak against the ordinance.  Hearing no

response, President Benincasa closed the Public Hearing at 7:32

STANDING COMMITTEE REPORTS:

 

Safety & Judiciary: Andreani:  Reported on the August 27, 2009 regarding Hot Stove league having outside services by Lexington Twp. Fire Department. Also addressed Ordinance 78-09 at the meeting.

 

Noted the Liquor permit application received for the Getgo and noted the Police Department and Law Director note no problems there or with the application.

 

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

 

Properties and Lands: Clunk: No formal report. Thanked Engineer for work on Ordinance 72-09.

 

Finance: Okey: Addressed Ordinance 78-09 and its intent.  Asking that it be referred to Safety and Judiciary Committee for review.

 

Addressed Ordinance 80-09

 

Community Development: Phillips:  Asking for action Ordinance 77-09.

 

Utilities:  Rhome:  Reported on September 8, 2009 meeting.  Reported on lost revenue due to lost industrial customers and shut-offs.  Reported on hydrant flushing and out of service hydrants.

 

Committee recommends passage of Ordinance 55-09

 

Streets & Alley: Ryan: Absent, No Report.

 

Planning, Zoning, & Housing: Thompson: Asking for action on Ordinance 45-09. No formal report.

 

PUBLIC SPEAKS: Derrick Loy of 2205 Hedgewood Ave. Spoke of the “Cap and Trade” debate.

 

Teresa Cusma of Stark County Mediation Services spoke of her organizations services.

 

THIRD READINGS:  

 

Ordinance 72-09: Introduced by Ryan Clunk & Andreani: An ordinance authorizing the Director of Public Safety and Service to enter into a consent agreement  attached as Exhibit “A” with the Ohio Department of Transportation for intersection improvements on U.S. 62 at Rockhill Avenue and Parkway Blvd.; and declaring an emergency.  Motion and second to amend to include new exhibit: Roll Call: Unanimous to amend. Motion and second to adopt as amended: Roll Call: Unanimous: ADOPTED AS AMENDED.

 

SECOND READINGS: None.

 

NEW BUSINESS:  

 

Resolution 76-09: Introduced by Council as a Whole: A Resolution approving and adopting an alternative method for apportioning the Stark County Undivided Local Government Fund for 2010 through 2019: Authorizing the Mayor of the City of Alliance to execute said agreement; 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 77-09: Introduced by Phillips: An Ordinance making appropriations and transfers of funds 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 78-09: Introduced by Okey: An Ordinance to authorize the Fire Department of The City of Alliance, Ohio, to provide Emergency Medical Services at Higher Levels of skill and Certification; and to declare an emergency. Motion and second to refer to the Safety and Judiciary Committee: Roll Call: Unanimous for referral: REFERRED TO SAFETY AND JUDICIARY COMMITTEE.

 

Ordinance 79-09: Introduced by Andreani: An Ordinance authorizing the Safety Service Director to enter into a Multi-jurisdictional matching grant agreement with the cities of Massillon and Canton and the Stark County Mediation Center; 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 80-09: Introduced by Okey:  An Ordinance to authorize and require the City of Alliance to apply to the Port Authority of New York and New Jersey for a Steel Remnant from the World Trade Center, for the Purpose of erecting a Memorial to the thousands of lives lost in the terrorist attacks of