MINUTES OF THE JANUARY 5, 2004

REGULAR MEETING OF THE ALLIANCE CITY COUNCIL

 

The meeting was called to order by President Benincasa at 7:00p.m. Councilman Combs gave the invocation and led the meeting in the Pledge of Allegiance.

Appointment of Temporary Clerk: President Benincasa appointed Alex Zumbar temporary Clerk.

Appointment of Clerk: President Benincasa read a letter from Mark Locke requesting he be reappointed Clerk. He then asked for additional nominations for Clerk. Receiving none there was a motion and second to appoint Mark Locke Clerk of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

ROLL CALL: Cody Combs, Dixie Park, Phyllis Phillips, Randy Pope, Roger Rhome, Doug Schwarz and Jack Weaver present.

Election of President Pro-Tem: President Benincasa asked for nominations for President Pro-Tem of City Council. Councilman Schwarz was nominated. With no other nominations there was a motion and second to elect Doug Schwarz President Pro-Tem of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS

Adoption of Rules: There was a motion and second to adopt the current Rules for Alliance City Council with no revisions: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Council Committee Appointments for the year 2004: After much discussion the following committee assignments were approved: Community Development- Park, Phillips and Schwarz; Finance- Park, Schwarz and Weaver; Planning, Zoning and Housing- Phillips, Pope and Schwarz; Properties and Lands- Combs, Pope and Rhome; Safety and Judiciary- Combs, Park and Weaver; Streets and Alleys- Combs, Pope and Rhome; Utilities- Phillips, Rhome and Weaver.

MINUTES: Motion & second to receive and file the minutes of the December 15, 2003 regular meeting of Alliance City Council: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

COMMUNICATIONS:

  1. Water and Sewer Department Financial Report for August 2003.
  2. Minutes from the August 20, 2003 Alliance City Planning Commission.
  3. Letter from the Ohio EPA dated December 31, 2003 to Mayor and Council, City of Alliance. Re: Permit to install for Beeson Street sanitary sewer.
  4. Copy of the accounts for the City of Alliance for the period ending December 31, 2003.
  5. Memo from Alexander Zumbar to Alliance City Council members dated January 2, 2004. Re: Description of the fund types for the City of Alliance.
  6. Letter from Alexander Zumbar to Alliance City Council dated January 2, 2004. Re: Appointment of Kristopher R. Bugara and Ted Madison to Audit Committee with terms ending December 31, 2005.
  7. List of City Officers.
  8. Law Director’s Annual Report.
  9. Auditor of the State Bulletin #2003-09 dated December 23, 2003.
  10. Alliance Municipal Income Tax Report dated December 31, 2003.
  11. Letter from the Shade Tree Commission to Mayor Toni Middleton dated December 19, 2003. Re: Budget request.
  12. Expenditures from the Law Enforcement Trust Fund for 2003.
  13. Letter from Mayor Middleton dated January 5, 2004 to Alliance City Council. Re: request for Council to approve the following Commission appointments and re-appointments: Alliance City Board of Health- Phyllis Beyers term expiring 12/31/08; Loan Review Advisory Board- Bill Kilgore term expiring 12/31/08; Alliance City Planning Commission- Mark Locke and Don Kline terms expiring 12/31/09; Alliance Parks Board- Cheryl Lundgren term expiring 12/31/06.

Motion and second to approve the appointments requested by the Mayor: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Motion and second to approve the appointments requested by the Auditor: MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

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 report; introduced Larry Pyers, Chairman of the Revolving Loan Fund Review Committee and Mike Conny, CEO of MAC Trailer to review and recommend approval of Ordinance 01-04.

Safety Service Director Blaser: welcomed new Council members and introduced Nancy Waffler and Jennifer Crist.

 

Law Director Zumbar: introduced Benjamin Hobbs- observing Council as part of obtaining Eagle Scout; Made a wording change to Ordinance 02-04; stated that the City was successful in revoking the liquor license for State Street Station and that Tony Dawson was appealing the decision; gave his annual report (Copy in communications); asked that City Council go into executive session at the conclusion of the meeting to discuss pending litigation with the Mayor, Safety Service Director, President of Council Council Members, Clerk of City Council and Law Director in attendance.

Auditor Zumbar: reported that Tax Forms had been mailed; employee W@ forms will be ready by January 20, 2004; end of year closing should be complete in 7-10 days; reviewed the Income Tax Report (included in communications).

STANDING COMMITTEE REPORTS:

Utilities: Phillips: reported on this mornings Water Sewer Advisory Board meeting.

PUBLIC SPEAKS: None

THIRD READINGS:

Ordinance 159-03: introduced by Ogline: an Ordinance vacating part of a north south alley south of Summit Street for a distance of approximately seventy feet.

Ordinance 160-03: introduced by Ogline: an Ordinance accepting and approving the replat of part of out lots 218 and 220, part of lots 2432, 3342, lot 4111, and part of a vacated alley located on South Union Avenue in the City of Alliance, County of Stark and State of Ohio.

 

SECOND READINGS:

Ordinance 164-03: introduced by Ogline: an Ordinance vacating part of an unnamed east west street west of Watson Avenue for a distance of approximately 150 feet.

Ordinance 165-03: introduced by Ogline: an Ordinance accepting and approving the replat of lots 9371 and 9372 and part of a vacated unnamed east west street on Watson Avenue in the City of Alliance, County of Stark and State of Ohio.

Ordinance 171-03: introduced by Alihassan: an Ordinance establishing an Emergency Sewer Back-up Fund; establishing criteria to administer said fund; and declaring an emergency.

Ordinance 172-03: introduced by Alihassan: an Ordinance amending Ordinance 7-91 as amended to create the position of Fire Chief’s Secretary and set salary level; and declaring an emergency.

 

NEW BUSINESS:

Ordinance 01-04: introduced by Council as a Whole: an Ordinance authorizing the execution of a loan agreement with respect to the proceeds derived from Urban Development Action Grants (UDAG) in the amount of $200,000.00 to MAC Trailer Realty, Inc., 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 02-04: introduced by Council as a Whole: a Resolution opposing the changes in the Electricity Restructuring Law proposed by First Energy; and declaring an emergency. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 03-04: introduced by Council as a Whole: an Ordinance ratifying a contract with Local 2233 Alliance Street Department employees and the Ohio Council 8 American Federation of State, County and Municipal Employees Union, AFL-CIO; and declaring an emergency.

Resolution 04-04: introduced by Council as a Whole and the Administration: a Resolution expressing to Sammeh Alihassan the sincere appreciation of this Council, the Administration and the citizens of the City of Alliance for his dedicated 2 years of service as a member of the Alliance City Council. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Resolution 05-04: introduced by Council as a Whole and the Administration: a Resolution expressing to Brant Luther the sincere appreciation of this Council, the Administration and the citizens of the City of Alliance for his dedicated 4 years of service as a member of the Alliance City Council. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Resolution 06-04: introduced by Council as a Whole and the Administration: a Resolution expressing to Michael Ogline the sincere appreciation of this Council, the Administration and the citizens of the City of Alliance for his dedicated 6 years of service as a member of the Alliance City Council. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Resolution 07-04: introduced by Council as a Whole and the Administration: a Resolution expressing to Mark Roller the sincere appreciation of this Council, the Administration and the citizens of the City of Alliance for his dedicated 8 years of service as a member of the Alliance City Council. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Resolution 08-04: introduced by Council as a Whole and the Administration: a Resolution expressing to Alexander Zumbar the sincere appreciation of this Council, the Administration and the citizens of the City of Alliance for his dedicated 7 years of service as a member of the Alliance City Council. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Resolution 09-04: introduced by Council as a Whole and the Administration: a Resolution expressing to Judith Carr the sincere appreciation of this Council, the Administration and the citizens of the City of Alliance for her dedicated service as Auditor of the City of Alliance. Motion and second to adopt: Roll Call: Unanimous: ADOPTED

Ordinance 10-04: introduced by Weaver: an Ordinance authorizing the Safety Service Director to enter into a contract to provide legal counsel to indigent persons charged with loss of liberty offenses in the City of 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

 

ADJOURNMENT: Noting no further business to come before this Council, President Benincasa adjourned the meeting at 8:03 p.m. into executive session.

Council reconvened into regular session and adjourned at 8:19 p.m.

 

 

 

SUMMARY OF ACTIONS TAKEN:

Ordinance 159-03: NO ACTION

Ordinance 160-03: NO ACTION

Ordinance 164-03: NO ACTION

Ordinance 165-03: NO ACTION

Ordinance 171-03: NO ACTION

Ordinance 172-03: NO ACTION

Ordinance 01-04: ADOPTED

Resolution 02-04: ADOPTED

Ordinance 03-04: NO ACTION

Resolution 04-04: ADOPTED

Resolution 05-04: ADOPTED

Resolution 06-04: ADOPTED

Resolution 07-04: ADOPTED

Resolution 08-04: ADOPTED

Resolution 09-04: ADOPTED

Ordinance 10-04: ADOPTED

 

______________________________________ _______________________________

John Benincasa, President of Council R. Mark Locke, Council Clerk