Alliance City Council

MINUTES OF SEPTEMBER 21, 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, Sue Ryan, and Larry Thompson present.

Motion and second to approve the minutes of the September 8, 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: General Fund Summary / Operational Budget Report as of August 31, 2009.

2. Memorandum from Mayor Middleton RE: setting date & Time for Trick-or-Treat.

3. Notice of the September 28, 2009 Safety and Judiciary Committee Meeting.

4. Agenda for the September 15, 2009 Board of Zoning Appeals Meeting.

5. Agenda for the August 19, 2009 Planning Commission Meeting.

6. Agenda for the September 16, 2009 Planning Commission Meeting.

7. Minutes of the August 19, 2009 Planning Commission Meeting.

8. Minutes of the August 18, 2009 Board of Zoning Appeals Meeting.

9. Invitation to the Community Meeting on Early Education & Care

10. Minutes of the September 8, 2009 Water and Sewer Advisory Board Meeting.

11. Copy of a letter from Mayor Middleton to The Port Authority RE: 9-11 Memorial

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

ADMINISTRATIVE REPORTS:

Mayor Middleton: Moving forward with the appointments to the Contractor Licensing Board and accepting input on interested parties and recommendations.

Noted there will be a public meeting at the Alliance Neighborhood Center on September 24, 2009 regarding the Union Avenue Railroad underpass improvement project.

Safety Service Director Blaser: Reported paving contractor is back in town and the project has resumed and noted progress.

Related progress on 9-11 memorial application and related information.

Related information on installation of UV light at the Water treatment plant. Asking the committees to meet and move forward on Ordinance 55-09.

Reviewed Ordinances and Resolutions 82-09, 83-09, 84-09, 85-09, 87-09 and 88-09

Law Director Andrew Zumbar: Asking for an executive session to discuss the pending litigation .

Motion and second to hold executive session following regular session to discuss collective bargaining agreements including council, President, Safety Service Director, Law Director, and Auditor present.

Auditor Knowles: Reviewed Resolution 86-09.

Reviewed the General Fund Summary / Operational Budget Report as of August 31, 2009.

STANDING COMMITTEE REPORTS:

Safety & Judiciary: Andreani: No formal report. Announced a committee meeting is set for September 28, 2009 to discuss Ordinance 78-09.

Properties and Lands: Clunk: No formal report.

Finance: Okey: No Formal Report.

Community Development: Phillips: No Formal Report

Utilities: Rhome: No Formal Report

Streets & Alley: Ryan: No Formal Report. Asking for no action on Ordinance 82-09 tonight and asking for action on Ordinance 84-09 and 85-09 tonight.

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

PUBLIC SPEAKS: Charstean Nicholson of 449 East Main Street #505 spoke on the Manufactured Gas Plant Site on the North East side of Alliance and the homes built there later.

Daniel Cherry of 1215 Jersey Street spoke to compliment the City on it’s efforts in mowing vacant lots.

Kathleen Bungard of 151 W. Summit St. spoke of the proposed vacation of an alley in Ordinance 82-09.

Eric Wowend of 5844 Dueber Avenue spoke the proposed vacation of an alley in Ordinance 82-09.

Scott Miller of 135 W. Summit St. spoke of the proposed vacation of an alley in Ordinance 82-09.

THIRD READINGS: None

SECOND READINGS:

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. NO FORMAL ACTION.

NEW BUSINESS:

Ordinance 82-09: Introduced by Ryan: An Ordinance vacating part of the unnamed alley West of Scranton Avenue between West Cambridge Street and West Summit Street, in the City of Alliance, County of Stark, and State of Ohio; and declaring an emergency. Motion and second to refer to the Alliance City Planning Commission and Planning Zoning and Housing Committee: Roll Call: Unanimous for referral: REFERRED TO PLANNING COMMISSION AND THE PLANNING ZONING AND HOUSING COMMITTEE.

Ordinance 83-09: Introduced by Thompson: An Ordinance accepting and approving the replat of Lots 1965, 1967, 1969, 3931, 3932 and part of a vacated 20 foot unnamed East-West alley between West Cambridge Street and West Summit Street, in the City of Alliance, County of Stark, and State of Ohio; and declaring an emergency. Motion and second to refer to the Alliance City Planning Commission and Planning Zoning and Housing Committee: Roll Call: Unanimous for referral: REFERRED TO PLANNING COMMISSION AND THE PLANNING ZONING AND HOUSING COMMITTEE.

Resolution 84-09: Introduced by Ryan & Andreani: A Resolution authorizing the Director of Public Safety and Service and Director of Planning and Development to prepare and submit an application to participate in the Ohio Public Works Commission (OPWC) State Capital Improvement Program and to execute contracts as may be necessary for the purpose of obtaining funds to make improvements to Johnson Avenue; 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 85-09: Introduced by Ryan & Andreani: A Resolution authorizing the Director of Public Safety and Service and Director of Planning and Development to prepare and submit an application to participate in the Ohio Public Works Commission (OPWC) State Capital Improvement Program and to execute contracts as may be necessary for the purpose of obtaining funds to for resurfacing of East Main Street; 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 86-09: Introduced by Andreani: A Resolution adopting an Identity Theft “Red Flag” Policy 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 87-09: Introduced by Rhome & Andreani: An Ordinance authorizing the Director of Public Safety and Service to accept a bid from a prior bidding if available or to advertise for bids and enter into a contract for the purpose of purchasing a new sludge applicator truck for the Wastewater

Treatment Plant; and declaring an emergency. Motion and second to suspend rules: Roll Call: 5 in favor (Andreani, Clunk, Phillips, Rhome, and Ryan to 2 against (Okey and Thompson) Motion failed.

Ordinance 88-09: Introduced by Andreani: An Ordinance authorizing the Director of Public Safety and Service to enter into contracts for the purpose of purchasing a new single axle dump truck cab and chassis for the Street Department through the Cooperative Purchasing Programs of the Ohio Department of Transportation or to advertise for bids and enter into contracts with other vendors at the lowest and best price, but for a cost not to exceed $66,000 in any case; and declaring an emergency. Motion and second to suspend rules: Roll Call: 6 to 1 (Ryan) for rules suspension. Motion and second to adopt: Roll Call: 5 (Andreani, Clunk, Phillips, Rhome and Thompson) in favor and 2 (Okey and Ryan) against: ADOPTED.

Motion and Second to take from the table The Proclamation regarding Cap and Trade: Roll 2 in favor (Andreani and Rhome) 5 against (Clunk, Okey, Phillips, Ryan, and Thompson)

Council entered executive session at 8:08 with Council, President, Safety Service Director, Law Director, Auditor, to discuss pending litigation.

ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 8:36 P.M.