MINUTES OF THE AUGUST 2, 2004
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, Cody Combs, Phyllis Phillips, Randy Pope, Roger Rhome, Doug Schwarz and Jack Weaver present.
MINUTES: Motion & second to receive and file the minutes of the July 19, 2004 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
COMMUNICATIONS:
1. Letter from the Alliance Fraternal Order of Eagles concerning their liquor license application signed by 42 members of the Eagles.
2. Letter from Senator George V. Voinovich to Alliance City Council dated June 28, 2004. Re: medical liability crisis.
3. Letter from Alliance Elderly LLC to Alliance City Council dated July 20, 2004. Re: Ohio Housing Finance Agency for Housing Tax Credits project denial.
4. Letter to Michael V. Sciortino, Mahoning County Board of Elections from Alexander Zumbar Dated July 28, 2004. Re: proposed ballot referendum.
5. Letter to Jeff Mathews, Stark County Board of Elections from Alexander Zumbar Dated July 28, 2004. Re: proposed ballot referendum.
6. Letter to Alliance City Council from John Blaser dated July 29, 2004. Re: police department rules and regulations.
7. July 2004 Alliance Municipal Income Tax Recapitulation.
8. Letter from Alex Zumbar to Alliance City Council dated July 30, 2004. Re: debt consolidation/restructuring ordinances.
9. Letter from John Blaser to Alliance City Council dated July 30, 2004. Re: bargaining agreements.
10. Letter from Mayor Middleton regarding the receipts collected through the Mayor’s Office during the month of July 2004 totaling $606,738.69.
11. Fiscal Officer’s Certificates for the following Bond Ordinances $2,650,000 Sewerage Syaytem Revenue Refunding Bonds, Series 1994; $550,000 West State Street Widening Project; $740,000 West Main Street Improvements; $1,300,000 Beech Creek Sewer Extension; $360,000 Fire Truck and $740,000 Main Street.
Motion and second to receive and file all communications tendered to the Clerk. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
ADMINISTRATIVE REPORTS:
Mayor Middleton: introduced Gary DePrill and his scout troop who were visiting the meeting.
Safety Service Director Blaser: reviewed Ordinances 107-04, 112-04, 108-04, 109-04, 110-04 and 111-04; asked Council to review the Police Department Rules and Regulations and let him know of any concerns or questions.
Law Director Zumbar: reviewed the liquor hearing for FOE; no hearing date set yet for Dawson’s.
Auditor Zumbar: reviewed ordinances 114-04 through 119-04; Senior Center has inquired about paying off their debt to the City for the construction of the Center.
STANDING COMMITTEE REPORTS:
Safety and Judiciary: Andreani: no report
Properties and Lands: Combs: no report
Community Development: Phillips: no report
Streets and Alleys: Pope: no report
Utilities: Rhome: reviewed the Water Sewer Advisory Board meeting from this morning.
Planning, Zoning & Housing: Schwarz: announced a Planning, Zoning and Housing Committee meeting for August 12, 2004 at 4:00 p.m. concerning the eminent domain ordinance.
Finance: Weaver: asked for action tonight on Ordinances 107-04 through 113-04.
PUBLIC SPEAKS: none
THIRD READINGS:
Ordinance 97-04: introduced by Schwarz: an Ordinance accepting and approving the replat of lots 10158 and 12748 located on West State Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED
Ordinance 98-04: introduced by Schwarz: an Ordinance accepting and approving the replat of lots 44 through 48, north part of 399, 12398 through 12402, 12427 and 12623 through 12630 located on East State Street in the City of Alliance, County of Stark and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED
Ordinance 99-04: introduced by Pope: an Ordinance vacating part of Aultman Avenue south of West State Street, part of a 15 foot north south alley south of West State Street, and part of a 15 foot east west alley west of Clark Avenue in the City of Alliance. Motion and second to hold a Public Hearing on August 16, 2004 at 7:30 p.m. in Council Chambers: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.
Ordinance 100-04: introduced by Schwarz: an Ordinance accepting and approving the replat of part of outlot 290, all of lots 147, 148, 207 through 210, 370, 371, 4798, 4799, 10934, 10935, 12345 through 12349, part of a vacated street, part of vacated Aultman Avenue, and parts of two vacated alleys located on West State Street in the City of Alliance, County of Stark and State of Ohio.
SECOND READINGS:
Ordinance 103-04: introduced by Weaver/ Schwarz: an Ordinance authorizing and directing the Safety Service Director to retain the law firm of ___________________ to provide legal services in relation to the eminent domain process; and declaring an emergency.
Resolution 104-04: introduced by Schwarz: a Resolution of intent to appropriate fee simple interests in certain real estate; and declaring an emergency.
Ordinance 106-04: introduced by Weaver: an Ordinance adopting Alliance Codified Ordinances Section 195, et seq. “Transient Occupancy Tax”; and declaring an emergency.
NEW BUSINESS:
Ordinance 107-04: introduced by Weaver/ Combs: an Ordinance authorizing and directing the Director of Public Safety and Service and the Alliance Park Board to enter into a contract for the reconstruction of the Silver Park ballfield concession stand in an amount not to exceed $16,000.00, 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 108-04: introduced by Weaver/ Rhome: an Ordinance authorizing the Director of service drive unit for the Water Treatment Plant in an amount not to exceed $55,000, 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 109-04: introduced by Weaver/ Andreani: an ordinance ratifying a contract with the General Truck Drivers and Helpers, Teamsters Local 92 for the Part-Time Patrol Officer’s Bargaining Unit; 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 110-04: introduced by Weaver/ Andreani: an Ordinance ratifying a contract with the General Truck Drivers and Helpers, Teamsters Local 92 for the Police Clerical Bargaining Unit; 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 111-04: introduced by Weaver/ Andreani: an Ordinance ratifying a contract with the General Truck Drivers and Helpers, Teamsters Local 92 for the Dispatchers Bargaining Unit; 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 112-04: introduced by Weaver: an ordinance making appropriations and transfers of funds in the 2004 appropriations 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 113-04: introduced by Rhome: an ordinance authorizing all actions necessary to effect a Governmental Natural Gas Aggregation Program with opt-out provisions pursuant to Section 4929.26 of the Ohio Revised Code and directing the Stark and Mahoning County Board of Elections to submit a ballot question to the electors 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 114-04: introduced by Weaver: an Ordinance providing for the issuance and sale of bonds in the maximum aggregate principal amount of $740,000 for the purpose of improving Main Street from Union Avenue to Liberty Avenue by installing electric lighting and traffic control devices, constructing water mains and sanitary sewers, replacing, reconstructing and installing curbs and gutters and relocating overhead utilities, together with all necessary appurtenances; authorizing execution and delivery of a bond registrar agreement and a bond purchase agreement and preparation, use and distribution of preliminary and final official statements; and declaring an emergency.
Ordinance 115-04: introduced by Weaver: an Ordinance providing for the issuance and sale of bonds in the maximum aggregate principal amount of $360,000 to pay the costs of acquiring a fire truck, together with all necessary equipment and appurtenances related thereto; authorizing execution and delivery of a bond registrar agreement and a bond purchase agreement and preparation, use and distribution of preliminary and final official statements; and declaring an emergency.
Ordinance 116-04: introduced by Weaver: an Ordinance providing for the issuance and sale of bonds in the maximum aggregate principal amount of $1,300,000 to pay costs of improving and extending the City’s sanitary sewerage system by acquiring and constructing the Beech Creek sewer extension, together with all necessary appurtenances and related improvements and the acquisition of any real estate or interest therein as may be required therefore; authorizing execution and delivery of a bond registrar agreement and a bond purchase agreement and preparation, use and distribution of preliminary and final official statements; and declaring an emergency.
Ordinance 117-04: introduced by Weaver: an Ordinance providing for the issuance and sale of bonds in the maximum aggregate principal amount of $775,000 to pay the costs of extending West Main Street from freshly Avenue to Sawburg Avenue by grading, paving, draining, constructing sanitary and storm sewers and waterlines, installing curbs, gutters, roadway culverts, and widening and otherwise improving Freshley Avenue from State Street to its intersection with the Norfolk Southern railroad right-of-way by grading, paving, installing curbs and gutters, reconstructing driveway approaches and constructing storm sewers, together in each case with all necessary appurtenances and related improvements and the acquisition of any real estate or interest therein that may be required therefore; authorizing execution and delivery of a bond registrar agreement and a bond purchase agreement and preparation, use and distribution of preliminary and final official statements; and declaring an emergency.
Ordinance 118-04: introduced by Weaver: an Ordinance providing for the issuance and sale of bonds in the maximum aggregate principal amount of $550,000 for the purpose of paying costs of acquiring real estate and interests in real estate in order to permit the widening of West State Street from a point approximately 100 feet west of Freshley Avenue to a point approximately 100 feet east of South Western Avenue, including engineering costs associated with such acquisition; authorizing execution and delivery of a bond registrar agreement and a bond purchase agreement and preparation, use and distribution of preliminary and final official statements; and declaring an emergency.
Ordinance 119-04: introduced by Weaver: an Ordinance providing for the issuance and sale of bonds in the maximum aggregate principal amount of $2,650,000 for the purpose of refunding at a lower interest cost the City’s outstanding sewerage system revenue refunding bonds, series 1994 and providing for the defeasance of those bonds; authorizing execution and delivery of a bond registrar agreement and a bond purchase agreement and preparation, use and distribution of preliminary and final official statements; and declaring an emergency.
ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 7:35 p.m.
SUMMARY OF ACTIONS TAKEN:
Ordinance 97-04 ADOPTED
Ordinance 98-04 ADOPTED
Ordinance 99-04 PUBLIC HEARING 8/16/04
Ordinance 100-04 NO ACTION
Ordinance 103-04 NO ACTION
Ordinance 104-04 NO ACTION
Ordinance 106-04 NO ACTION
Ordinance 107-04 ADOPTED
Ordinance 108-04 ADOPTED
Ordinance 109-04 ADOPTED
Ordinance 110-04 ADOPTED
Ordinance 111-04 ADOPTED
Ordinance 112-04 ADOPTED
Ordinance 113-04 ADOPTED
Ordinance 114-04 NO ACTION
Ordinance 115-04 NO ACTION
Ordinance 116-04 NO ACTION
Ordinance 117-04 NO ACTION
Ordinance 118-04 NO ACTION
Ordinance 119-04 NO ACTION
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JOHN BENINCASA, PRESIDENT OF COUNCIL R. MARK LOCKE, COUNCIL CLERK