City of Alliance, Ohio
Mayor Toni E. Middleton
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MINUTES OF THE APRIL 7, 2003

REGULAR MEETING OF THE ALLIANCE CITY COUNCIL

The meeting was called to order by President Benincasa at 7:00PM. Ogline gave the invocation and led the meeting in the Pledge of Allegiance

ROLL CALL: Sammeh Alihassan, Mike Ogline, Phyllis Phillips, Mark Roller, Doug Schwarz and Alex Zumbar present. Motion and second to excuse Luther: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

MINUTES: Motion & second to receive and file the minutes of the March 17, 2003 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. Motion & second to receive and file the minutes of the March 24, 2003 special meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

COMMUNICATIONS:

Alliance Municipal Income Tax Comparative Recapitulation for March 2003.

Water and Sewer Department Financial Report for March 2003.

Ohio Municipal League Legislative Bulletin #8 dated March 14, 2003.

Letter from Ohio Department of Commerce Division of Liquor Control to Anthony H. Dawson dated March 11, 2003. Re: hearing for Dawson’s Restaurant, Inc. has been continued.

Minutes from the March 3, 2003 Water and Sewer Advisory Board meeting and notice of their April 7, 2003 meeting.

Minutes from the March 19, 2003 Alliance City Planning Commission meeting.

Ohio Municipal League Legislative Bulletin #9 dated March 21, 2003.

Ohio Municipal League Legislative Bulletin #10 dated March 28, 2003.

Minutes from the March 27, 2003 Alliance City Planning Commission special meeting.

Memo from Janet Weir Creighton, Stark County Auditor to Fiscal Officers dated April 2, 2003. Re: July 2003 Local Government/Revenue Assistance Distribution.

Letter from Vince Marion to Alliance City Council dated April 4, 2003. Re: amendments to the Robertson and Coastal Pet Products Enterprise Zone Agreements.

Letter from Mayor Middleton regarding the receipts collected through the Mayor’s Office during the month of March 2003 totaling $593,888.53.

Letter from David Childers, Business Manager, IBEW Local 1194 to Mayor Toni Middleton dated April 4, 2003. Re: Ohio Edison’s planned closing of the Alliance Service Center on Oyster Road.

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

ADMINISTRATIVE REPORTS:

Mayor Middleton: introduced Larry Brown, retiring Park Superintendent. Larry thanked Council for their support over the years. He introduced Kim Cox, Kim will take over as Park Superintendent.

Safety Service Director Blaser: asked that Council adjourn into executive session after the regular session, spoke in favor of and reviewed Ordinances 53-03, 58-03, 59-03, 61-03, 62-03, 56-03, 57-03, 60-03 and 63-03.

Law Director Zumbar: reviewed Ordinance 45-03 and asked Council not to act on it tonight.

Auditor Carr: submitted written report (included in communications)

Without objection Benincasa introduced Judge Charles Brown and Phil Giavasis. Spoke in favor and reviewed the Stark County proposed tax increase.

STANDING COMMITTEE REPORTS:

Properties and Land: Alihassan: no report

Streets and Alleys: Luther: absent

Planning, Zoning & Housing: Ogline: motion and second to hold public hearings on May 19, 2003 on Ordinance 37-03 at 7:30 P.M. and 28-03 at 7:45P.M. in Council Chambers: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Utilities: Phillips: spoke in favor of Ordinances 53-03, 56-03, 57-03, 58-03 and 61-03.

Safety and Judiciary: Roller: no report

Community Development: Schwarz: spoke in favor of Ordinances 55-03 and asked for no action tonight.

Finance: Zumbar: spoke in favor of Ordinances 53-03, 56-03, 57-03, 58-03, 59-03, 60-03, 61-03, 62-03 and 63-03.

PUBLIC SPEAKS: David J. Childers, 17 W. Church St., Milan, Ohio 44846 discussed Ohio Edison’s planned closing of the Alliance Service Center (see letter in communications).

Troy Hershey, Alliance Police Department, discussed his opposition to the City’s policy for military leave (letter included in communications).

Motion and second to adjourn to executive session at the conclusion of the regular meeting to discuss personnel matters brought by Blaser and Hershey: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Nick Hustus, 130 E. Milton, Alliance opposed to Ordinance 28-03.

Herb Watson, 1429 S. Rockhill Ave., Alliance asked what could be done with the vacant buildings at 37 S. Liberty.

THIRD READINGS:

Ordinance 37-03: introduced by Ogline: an Ordinance to amend the Zoning Map of the City of Alliance by changing parts of Outlots 641, 653, and 654 located between East State Street and East College Street and between South Union Avenue and South Arch Avenue from Multi Family Residence District (R-3) to Neighborhood Business District (B-1) under the Alliance City Zoning Ordinance.

SECOND READINGS:

Ordinance 45-03: introduced by Ogline: an Ordinance accepting and approving the replat of part of Lot 12469 located on South Sawburg Avenue in the City of Alliance, County of Stark and State of Ohio and declaring an emergency.

NEW BUSINESS:

Ordinance 53-03: introduced by Phillips/ Zumbar: an Ordinance authorizing and directing the Director of Public safety and service to enter into a contract for the purpose of purchasing a new pickup truck with 2 wheel drive for the 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 $21,000 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

Ordinance 54-03: introduced by Ogline: an Ordinance accepting and approving the replat of lots 4465 through 4467 located on South Seneca Avenue in the City of Alliance, County of Stark and State of Ohio. Motion and second to refer to Planning Commission: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Ordinance 55-03: introduced Schwarz/ Zumbar: an Ordinance accepting the proposed annual consolidated plan for the City of Alliance pursuant to the FY-2003 Community Development Block Grant Program in an amount not to exceed $844,000.00. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension.

Ordinance 56-03: introduced by Phillips/Zumbar: an Ordinance authorizing and directing the Director of Public Safety and Service to settle the claims of the City of Alliance in class action litigation involving repairs to roofs at the Alliance Waste Water Treatment Plant, 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 57-03: introduced by Phillips/Zumbar: an Ordinance authorizing and directing the Director of Public Safety and Service to advertise for bids and enter into a contract for repairs of roofs at the Wastewater Treatment Plant related to the settlement of the claims of the City of Alliance in class action litigation; 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 58-03: introduced by Phillips/Zumbar: an Ordinance authorizing and directing the Director of Public Safety and Service to enter into a contract for the purpose of purchasing a new front end loader for the 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 $82,500 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

Ordinance 59-03: introduced by Roller/Zumbar: an Ordinance authorizing and directing the Director of Public Safety and Service to enter into a contract for the purpose of purchasing four police cars for the Alliance Police 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 $100,000 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

Ordinance 60-03: introduced by Zumbar: an Ordinance authorizing and directing the Director of Public Safety and Service to advertise for bids and enter into a contract or contracts for City of Alliance Group Life, Hospitalization, Health, Medical and other related coverages; 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 61-03: introduced by Luther/Phillips/Zumbar: an Ordinance authorizing and directing the Director of Public Safety and Service to enter into a contract for the purpose of purchasing a skid steer with a saw attachment for use by the Street, Distribution, Water and Wastewater Departments 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 $45,000 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

Ordinance 62-03: introduced by Alihassan/Zumbar: 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 cab and chassis 2 wheel drive truck for the Park 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 $23,000 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

Ordinance 63-03: introduced by Zumbar: 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

Resolution 64-03: introduced by Council as a Whole: a Resolution of support for the proposed Stark County sales tax increase. Motion and second to adopt: Roll Call: unanimous: ADOPTED

Ordinance 159-02: introduced by Alihassan: an Ordinance adopting Alliance Codified Ordinance Section 361.01 ET. SEG. "Residential Parking Permit" and declaring an emergency. Motion and second to remove from table: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. Motion and second to amend in entirety by substituting with Ordinance 159-02S: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS. Motion and second to refer to Planning and Zoning Committee: Roll Call: 3-3(Ogline, Roller, Zumbar) Benincasa cast the deciding vote: Motion passed.

ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting to Executive Session at 8:10 p.m. Executive Session adjourned at 8:40 p.m.

SUMMARY OF ACTIONS TAKEN:

Ordinance 37-03 NO ACTION

Ordinance 45-03: NO ACTION

Ordinance 53-03: ADOPTED

Ordinance 54-03: REFERRED TO PLANNING COMMISSION

Resolution 55-03: RULES SUSPENDED

Ordinance 56-03: ADOPTED

Ordinance 57-03: ADOPTED

Ordinance 58-03: ADOPTED

Ordinance 59-03: ADOPTED

Ordinance 60-03: ADOPTED

Ordinance 61-03: ADOPTED

Ordinance 62-03: ADOPTED

Ordinance 63-03: ADOPTED

Ordinance 64-03: ADOPTED

Resolution 159-02S: REFERRED TO PLANNING & ZONING

_____________________________________ _______________________________

John Benincasa, President of Council

R. Mark Locke, Council Clerk