Norwood City
Council
Council
Chambers
A) CALL TO ORDER
The Council for the City of Norwood met in regular session on the above date with President Jane M. Grote presiding. The meeting opened with a prayer and the Pledge of Allegiance.
B) PRAYER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
On roll call, the following members answered present: Mr. Gabbard, Mr. Tracey, Mr. Moore, Mr. Fulmer, Mr. Geers, Mr. Mumper, Mrs. Brown and Mr. DeLuca.
E) AMENDMENT OF AGENDA:
On a motion by Mr. DeLuca, seconded by Mr. Mumper, it was moved to amend the agenda by adding Ordinance I-A) and moving this to immediately following the approval of minutes, by adding Resolution J-A), by adding three Finance and Claims Committee Reports, and by adding Communication 2). All members present voted YES.
F) APPROVE
MINUTES FROM:
On a motion by Mr. Fulmer, seconded by Mr. Tracey, it was moved to approve the minutes as if read. All members present voted YES.
The Chair noted that Mr. Sanker is now present in Council Chambers.
As amended, Ordinance J-A) was considered at this time.
A) ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A GRANT OF A TEMPORARY CONSTRUCTION EASEMENT TO CORNERSTONE, LLC AND DECLARING AN EMERGENCY.
Mrs. Brown asked Mr. Dobbs Ackerman to come to the podium and explain the necessity of this Ordinance. Mr. Ackerman distributed a diagram and explained that Cornerstone, LLC is requesting an easement for the purpose of installing a concrete retaining wall necessary for the construction of the parking garage. This involves placing tie back anchors 25 to 30 feet beneath Smith Rd. This is a very typical tie back system throughout the region. ODOT has confirmed that this is the jurisdiction of the City of Norwood. The construction is scheduled to begin on Monday, January 31 and as such the easement is needed rather quickly.
Mr. Moore asked if this easement and installation of anchors threatens the Road. Mr. Ackerman responded that this system actually protects the roadway, while the retaining wall and garage are being built. The tie-backs are then abandoned when construction is completed, and are designed so that they can be dug through if needed in the future. This will not compromise the integrity of the road in any way.
On a motion by Mrs. Brown, seconded by Mr. DeLuca, it was moved to suspend the rules and have all three readings of the Ordinance. All members present voted YES.
On a motion by Mr. Fulmer, seconded by Mr. Tracey, it was moved to pass the Ordinance. All members present voted YES.
G) Requests to address council on agenda items
H) Reports of Standing committees of council
1. Community Development RE: Town Meeting (Chapter 163 of the Codified Ordinances).
Mr. DeLuca announced the Town Meeting has been scheduled for February 5th at 10:00am in Council Chambers.
On a motion by Mr. Moore, seconded by Mr. Fulmer, it was moved to accept the report. All members present voted YES.
2. Community Development and Small Business RE: American Laundry Re-Development.
Mr. DeLuca asked Mr. Latham from Time Warner Cable to come forward and explain the use of this space. Mr. Latham explained that Time Warner will be using the space for primarily Media Sales which is Time Warner’s advertising wing. They are very excited about the location and being part of the City’s renaissance.
Mr. Moore asked what type of work would be done at this location. Mr. Latham responded that there will be roughly 40 employees from the Production Unit, Advertising Sales, Marketing and Creative Services, and Management and will utilize 8400 square feet on the fourth floor in this beautifully renovated building.
On a motion by Mr. Mumper, seconded by Mr. Tracey, it was moved to accept the report. All members present voted YES.
3. Finance and Claims RE: Various Claims.
Mr. Sanker asked that a letter be sent to the Law Department asking for their assistance in the creation of a new claim form that will add more specificity to the claim.
On a motion by Mr. DeLuca, seconded by Mr. Geers, it was moved to accept the report. All members present voted YES.
4. Finance and Claims RE: Budgeting of Fire payout for 2004 and 2005 Contract back pay.
On a motion by Mr. Fulmer, seconded by Mr. Mumper, it was moved to accept the report. All members present voted YES.
5. Finance and Claims RE: 2005 Appropriations.
Mr. Moore explained that toward the end of 2004 as cash came in over and above payroll obligations, bills were paid but there were significant bills that went unpaid. The Finance committee is working on a process that will allow Council to be involved in every requisition approval decision in 2005. This process will be done at least month by month and will be decided on a cash basis.
Mr. Sanker added that the Committee is trying to craft a plan that gives Council control over the process but limits paperwork and overhead. Council is open to suggestions from departments on this process. There are several legal concerns that need to be discussed as far as monthly versus yearly appropriations. While a decision needs to be made on the exact implementation, this is only a process to determine which invoices are to be paid; it will not generate additional revenue.
Mr. Moore added that we may get to the point that a requisition approval committee be set up to approve each purchase and requisition.
Mr. Sanker added that over $1 Million in expenses that were due in 2004 need to be caught up on in 2005. This is in addition to the forecasted 2005 shortfall.
On a motion by Mr. DeLuca, seconded by Mr. Mumper, it was moved to accept the report. All members present voted YES.
I) Introductory reading of ORDINANCES
A) ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A GRANT OF A TEMPORARY CONSTRUCTION EASEMENT TO CORNERSTONE, LLC AND DECLARING AN EMERGENCY.
As amended, this item was considered immediately following the Approval of Minutes.
J) INTRODUCTORY readings of RESOLUTIONS
A) RESOLUTION AUTHORIZING THE CITY AUDITOR TO PAY OUT OF THE 2005 APPROPRIATIONS CERTAIN OBLIGATIONS OF THE CITY OF NORWOOD INCURRED DURING 2004.
Mr. Moore explained that this Resolution is required to formally allow the Auditor to pay on 2004 expenditures. There is a list of outstanding expenditures attached to the Ordinance. The largest of which are pension payments.
Mrs. Brown asked a question through the chair to Mr. Moore regarding which of these outstanding debts will be paid. Mr. Moore explained that we are 60-90 days behind with some vendors and those will be the first priority.
Mr. Sanker added that deciding which of these outstanding invoices will be done on a strict cash basis. Not all of these can be paid immediately.
On a motion by Mr. Mumper, seconded by Mr. Fulmer, it was moved to suspend the rules and have all three readings of the Resolution. All members present voted YES.
Mr. Fulmer commented that everyone should realize that there may be a time where the City is not able to make payroll. Capital improvements are required and tough times are certainly ahead.
On a motion by Mr. Fulmer, seconded by Mr. DeLuca, it was moved to pass the Resolution. All members present voted YES.
K) ADMINISTRATION REPORTS
The Mayor was present and distributed a letter from Dusty Rhodes describing the Real Estate reappraisal process underway in the County. Members from the County Auditor’s office are offering to be present for local neighborhood meetings to discuss local concerns.
Mayor Williams then moved to a discussion of finances. One large item that must be considered is pension payments. This item really needs to be addressed and we should make every attempt to make at least partial payments to the pension. Everyone will be a creditor of the City before we are out of our fiscal situation.
Another hot button issue has been the West Norwood Police Substation. Tomorrow is the last day of operation. The Police Chief has expressed his need to fund other operational aspects of the Department. There have been many attempts to organize an effort to keep the substation open, including community members contributing out of pocket. The landlord, however, would not oblige to these concessions. Mayor Williams thanked the 6 or 7 residents, including Mr. Tracey that volunteered their time to staff the Police substation while it was in operation.
When opened for questions, Mr. Fulmer asked if there have been any recent attempts to renegotiate with the Collective Bargaining Units. The Mayor responded that everyone claims to be willing but there have been no significant attempts by the bargaining units to renegotiate. Others have a difference of opinion on the validity of these attempts. From this point forward, any offer to renegotiate needs to be submitted in writing to the Administration. Mayor Williams clarified that the two largest bargaining units operated above board. They negotiated in good faith; offers were made, and were accepted by the Bargaining Units. The only point of contention is with the Fire Fighters’ contract and whether or not that was formally submitted to Council. SERB sided with the Local Fire Fighters Union and we have recently decided to appeal the decision. Mayor Williams added that the reason the City maintains its position is there was never a request for an Ordinance or a change in the Appropriations as a result of this contract. The City’s position is that Council was never formally presented with the contract.
Mrs. Brown asked a question regarding the Police Contract and whether the Captain’s position must be filled as part of the Contract. Mayor Williams responded that a Civil Action has been filed on extra rank and as such he is limited on what he can comment on. The wording was unclear in the contract, a grievance was filed, and it was determined that the Captain’s position is in fact in the contract. To clarify, the contract was amended as part of the grievance as an attempt to clarify the existing wording. The bargaining unit however does not represent the Captain, but this is seen as a promotion opportunity for the Union members and the grievance was filed.
Mr. Gabbard asked the Mayor if the Administration can send the Bargaining Units a formal letter requesting that any renegotiation offers from the Bargaining Units be submitted in writing. Mayor Williams cautioned that he would rather Council vote to designate a contact point for any such negotiations. Failure to do that may result in an unfair labor practice claim. If negotiations are to be opened you must specify which parts of the contract are to be opened. All requests will need to be submitted in writing from this point forward.
Mr. Geers asked the Mayor about the future of the West Norwood Police Substation and whether or not any attempts have been made to follow up on suggestions to relocate to the Community Center. Mr. Williams responded that the Safety-Service Director and Sgt. Earl Warman are working out a plan to at least store the equipment at the substation in a vacant room at the Community Center. This will be continued to be worked and the Administration will update Council.
On a motion by Mr. Sanker, seconded by Mr. Mumper, it was moved to send a letter to the County Auditor’s office requesting a representative be present at an upcoming Council meeting to answer questions on the County’s Real Estate reappraisal project. All members present voted YES.
L) REQUEST TO ADDRESS COUNCIL RE: NON-AGENDA ITEMS:
Mr. Ricky Paul addressed Council regarding the Fire Fighters contract and explained the position of Local 445 on the contract ruling and possible appeal by the City.
Ms. Mary Barber spoke on possible A.D.A. parking violations at Cornerstone.
Ms. Susan Knox spoke regarding the City’s financial crisis and the Urban Renewal Ordinance.
Ms. Alliea Phipps addressed council regarding a variety of topics including broken parking meters, the urban renewal Ordinance, and recycling fees.
Ms. Carmen McKeehan addressed Council regarding the Urban Renewal Ordinance.
Mr. Rick Hursh addressed Council regarding the Urban Renewal Ordinance.
M)UNFINISHED BUSINESS
Mrs. Brown mentioned that Real Estate taxes are due on February 7th and appeals can be made to the Board of Revisions (946-4035) through March. Please contact the County Auditor’s Office (946-4800) for Real Estate tax information including details on the 2.5% stadium roll back, Homestead Exemption Program, and details on the appeal process.
Mr. Tracey commented on the Police Substation. He hates to see it go, but understands the financial situation. He thanked the West Norwood Neighborhood Association, the Vols Club, and the many volunteers. We fought a good fight and did some good while it was in operation.
Mrs. Brown encouraged residents to participate in the Hamilton County Home Improvement Program, which provides low interest home improvement loans.
On a motion by Mrs. Brown, seconded by Mr. Moore, it was moved to send a letter to the Hamilton County Commissioners asking them to consider HIP program participation by small business owners as well as the current participation for residents. All members present voted YES.
Mr. Moore also commented on the Police substation and his regret that it is no longer economically feasible. The establishment of the substation sent a great message to the community as did the Disorderly House Ordinance, increased attention to inspections, and the HIP program. The early success of the substation kept the West Norwood Neighborhood Association going in the early years and the Xavier partnership will undoubtedly sustain this valuable community organization.
Mrs. Brown asked that a letter be sent to the Treasurer’s Office asking for the status of a Tax Amnesty program.
Mr. Moore addressed the comments made by Ricky Paul earlier. Mr. Moore clarified that Council’s position is not a stand against the Fire Fighters. This is a stand against promises we cannot keep. Mr. Moore added that he agrees with the decision to appeal since Council was never asked to act on a contract. Council simply received a courtesy copy from the Director of Public Safety-Service at the time and that letter never asked for action and it seems problematic that this contract could be binding without even a request for Council action. Regardless, this is not a stand against Fire Fighters; the City simply doesn’t have the ability to honor the terms of the contract. It’s a question of what the City can afford. While the future will be difficult, we need to get to a resolution in this matter without going through war and creating permanent damage.
Mr. Sanker added that no one is debating how much is too much or how many are too many, this is just a matter of the money that is available. There is no sense in being adversaries; any reasonable resolution to this will require cooperation with all parties. We can disagree without becoming disagreeable.
Mr. Geers mentioned that with respect to the Administrative fee, he was the Council member referenced earlier. Mr. Geers explained that he simply reiterated information that was initially presented on Council floor. Mr. Geers asked the Mayor to comment on the use of the Administrative fee. Mayor Williams corrected the earlier comments and noted that the Administrative fee is 50 cents per month, not the $1 that was mentioned several times earlier. These funds are to be used to sort out billing discrepancies, follow up on reviews of individual charges, and to aid in the enforcement of the garbage setout guidelines.
Mr. DeLuca asked if there was ever a plan to hire an additional resource with these funds. The Mayor responded that this was never a thought.
Mr. Fulmer asked that a letter be sent to the Director of Public Safety-Service asking for follow up on the ADA signage at Cornerstone and the other City parking lots.
Mr. Fulmer commented that he believes in Urban Renewal, and that it is required to keep cities like ours viable. All renewal plans go before the planning commission and are subject to a Public Hearing.
N) NEW BUSINESS
Mr. Mumper mentioned an ice problem near the intersection of Moeller and Quatman. The ice goes out into the street 8-10 feet and could possibly be the result of a water leakage or improper drainage of the Holy Spirit Center. Mr. Mumper asked that a letter be sent to the Director of Public Safety-Service requesting this issue be investigated.
Mrs. Brown asked that the issue of job creation and associated tax credits be placed in the Community Development and Small Business Committee. Based on an Economic Development Study issued by the Ohio Chamber of Commerce we need to look into all opportunities to make Norwood more attractive to small businesses.
Mr. Sanker asked what if anything can be done based on the new Health Care plan that could save the City significant money while only marginally impacting the coverage amounts. The initial thought is to send a letter to the bargaining units asking for their thoughts and cooperation.
Mayor Williams advised Council against this action unless a representative body is formally appointed by Council as the negotiation agent on the particular items to be opened for negotiations.
The Chair announced a 5 Minute Recess.
Mr. Moore continued the discussion of Health Care benefits and noted that Health Care premiums are going up an estimated $250,000 in 2005 which essentially offsets the increased revenue expected from Cornerstone Phase I. The Administration and the Third Party Benefits Agency has found a very similar plan to the current plan but one that could save more than $100,000. This is an opportunity to pursue, not an attempt at a complete renegotiation.
Mr. Mumper noted that this is an attempt at sharing some very positive information with the bargaining units and City employees and an attempt to explore new options. This should be shared with the City’s employees in any manner possible.
Mr. Sanker added that it would be a disservice if this is not at least presented.
On a motion by Mr. Mumper, seconded by Mr. Tracey, it was moved to designate the Finance Committee and a representative from the Safety and Human Resources Committee, namely Mr. Gabbard, as the City’s negotiation agent to the Collective Bargaining Units for the purpose of Health Care insurance revisions. All members present voted YES.
O) COMMUNICATIONS:
1. Letter from Joseph C. Geers RE: Cost of Dispatch/E-911.
On a motion by Mr. Geers, seconded by Mr. Tracey, it was moved that the letter be received and filed and that this item be placed in the Finance committee. All members present voted YES.
1. Letter from Joseph C. Geers RE: Water Rate Increase.
On a motion by Mr. Mumper, seconded by Mr. Fulmer, it was moved that the letter be received and filed. All members present voted YES.
P) EXCUSE ABSENT MEMBERS
All members are present.
Q) ADJOURNMENT
On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to adjourn. All members present voted YES.
______________________________ ______________________________
J. Brian Mumper Jane
M. Grote
Clerk of Council President
of Council