MINUTES OF DECEMBER 7, 2009
REGULAR MEETING OF THE ALLIANCE CITY COUNCIL
The meeting was called to order by President Benincasa at 7:00 P.M. Councilperson Phillips 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 Steve Okey due to work obligations. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Motion and second to approve the minutes of the November 16, 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: Municipal Income Tax Recapitulation.
2. Fax from Ohio Ethics Commission RE: Updated List of Elected Officials and reply.
3. Notice from the Planning Commission RE: No December Meeting due to lack of agenda.
4. Notice of the 2010 Council Meeting dates.
5. Notice of the 2010 Employee Observance of Legal Holidays.
6. Minutes of the November 17, 2009 Finance Committee Meeting.
7. Notice of Public Hearing on Ordinance 82-09.
8. Memorandum from Mayor Middleton RE: Appointment to the Board of Zoning Appeals.
9. Memorandum from Mayor Middleton RE: Receipts collected in Mayor’s office during Month of November 2009.
10. Letter from Ohio Department of Commerce (Liquor Control) RE: Renewal of licenses.
11. Notice from Keep Alliance Beautiful RE: Holiday Tips.
12. Memo from Clerk Yost RE: Old Business update.
Motion and second to receive and file all communications tendered to the Clerk. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
ADMINISTRATIVE REPORTS:
Mayor Middleton: Asked for the Appointment of Rick Wilt to the Board of Zoning Appeals.
Motion and Second to Appoint Rick Wilt to the Board of Zoning Appeals. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Reported Mr. Blaser is absent due to the birth of his first grandchild and family obligations.
Safety Service Director Blaser: Absent. No report.
Law Director Andrew Zumbar: Asked for executive session at the end of meeting with no action after to discuss pending litigation.
Discussed Bartolet Civil Service lawsuit decision and the refilling of the Horton lawsuit that was previously dismissed.a year ago.
Discussed Ordinance 102-09 and contract with Public Defender’s Office
Auditor Knowles: Reviewed the Municipal Income Tax Recapitulation, Resolution 100-09 and Ordinance 101-09.
STANDING COMMITTEE REPORTS:
Safety & Judiciary: Andreani: No formal report. Notified Council that the Division of Liquor Control has notified the City that all licenses are up for renewal. Will review the matter with the Police Chief and Law Director. Related that we have until February to file objections.
Properties and Lands: Clunk: No formal report.
Finance: Okey (Andreani reported in Okey’s Absence): Reviewed the November 17, 2009 Committee that reviewed Ordinance 94-09. Committee recommended no action at this time.
Community Development: Phillips: No formal report.
Utilities: Rhome: Reported on the December 7, 2009 morning meeting of the Water and Sewer Advisory Board and reported that MIB counts are way down. Chemical costs appear to be down as bids are coming in.
Streets & Alley: Ryan: No formal report. Asking for action on Ordinance 82-09.
Planning, Zoning, & Housing: Thompson: No formal report. Asking for action for action on Ordinance 83-09.
PUBLIC SPEAKS: Keith Avery of 957 South Morgan Avenue spoke of support of Census.
Shirene Tapyrik of 624 Scranton Spoke of the Alliance for Families project.
Dierre Upshaw of 205 E. Milton spoke of the Alliance for Families project.
THIRD READINGS:
Ordinance 94-09: Introduced by Andreani: An ordinance directing the deposit of the funds from the extension agreement with First Energy Solutions into the Employee Compensated absences Fund. NO FORMAL ACTION.
SECOND READINGS:
Ordinance 98-09: Introduced by Okey, Phillips, and Ryan: An Ordinance to amend section 154.02 of the Codified Ordinances of Alliance, Ohio, relating to the membership of the Water/Sewer Advisory Board; and declaring an emergency. NO FORMAL ACTION.
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.
Brian Ashton from the Alliance for Families project engineer’s office spoke in favor.
Gerard Mastroianni spoke in favor of the Ordinance to promote the project as a member of the Alliance for Families Board
Hearing no further response, President Benincasa called three times for anyone wishing to speak against the ordinance. Hearing no response, President Benincasa closed the Public Hearing at 7:33
NEW BUSINESS:
Resolution 100-09: Introduced by Andreani: A Resolution adopting policy and procedures for the use, storage, and security of Personal Information. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.
Ordinance 101-09: Introduced by Andreani: An Ordinance making temporary appropriations for 2010 for the General Fund, Water Fund, Sewer Fund, and other city funds and authorizing the Auditor to draw payments from those appropriations upon receiving certificates and vouchers; declaring an emergency. NO FORMAL ACTION.
Ordinance 102-09: Introduced by Rhome & Andreani: An Ordinance authorizing and directing the Director of Public Safety and Service to enter into a two year Contract to provide legal counsel to indigent persons charged with loss of liberty offenses in the Alliance Municipal Court; 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.
Motion and second to hold executive session following regular session to discuss pending litigation including Council Members, Council President, Council Clerk, Mayor, Safety Service Director, Law Director, Auditor, Water Superintendent and Councilman Elect Dordea present. Roll Call: Unanimous. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
OLD 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 adopt: Roll Call: Unanimous: ADOPTED.
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 adopt: Roll Call: Unanimous: ADOPTED.
Council entered executive session at 8:15 PM with Council Members, Council President, Council Clerk, Mayor, Safety Service Director, Auditor, Water Superintendent and Councilman elect Dordea to discuss pending litigation.
Council re-entered regular session at 8:15 P.M.
ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 8:16 P.M.
SUMMARY OF ACTIONS TAKEN:
Ordinance 82-09 ADOPTED
Ordinance 83-09 ADOPTED
Ordinance 94-09 THIRD READING
Ordinance 98-09 SECOND READING
Resolution 100-09 ADOPTED
Ordinance 101-09 FIRST READING
Ordinance 102-09 ADOPTED
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JOHN BENINCASA, PRESIDENT GERARD YOST, COUNCIL CLERK