Norwood City Council

Council Chambers

August 10, 2004

 

 

 

 

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. Sanker, Mr. Tracey, Mr. Moore, Mr. Fulmer, Mr. Mumper, Mrs. Brown, and Mr. DeLuca.

 

E)   AMENDMENT OF AGENDA:

On a motion by Mr. Fulmer, seconded by Mr. DeLuca, it was moved to amend the agenda by adding Ordinance C) under First Readings of Ordinances, by adding Resolutions B), C), and D), and by adding Communications 6), 7) and 8).  All members present voted YES.

 

F)   Approve minutes from:  July 13, 2004 and july 20, 2004

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.

 

G)  Requests to address council on agenda items

 

H)  Reports of Standing committees of council

1.      Community Development and Small Business RE: Car Wash at former Rally’s.

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: Cornerstone at Norwood Design Review (Shell Hill).

On a motion by Mr. Fulmer, seconded by Mr. Tracey, it was moved to accept the report.  All members present voted YES.

3.      Community Development and Small Business RE: Rookwood Commons Design Review (DSW Shoe Warehouse expansion).

On a motion by Mr. Tracey, seconded by Mr. Fulmer, it was moved to accept the report.  All members present voted YES.

 

I)      Second reading of Ordinances

A)    ORDINANCE AMENDING SECTION 509.09 “DISTURBING THE PEACE” OF THE CITY OF NORWOOD CODIFIED ORDINANCES, AND DECLARING AN EMERGENCY.

Mr. Moore mentioned that this is the Ordinance he requested that amends the permitted hours of operation of power tools to 7:00am-8:00pm.

 

Mr. DeLuca commented that 8:00pm might be too restrictive with daylight savings time and the need of both property owners and contractors to complete projects on time.  Mr. DeLuca suggested 9:00pm as a more appropriate ending time.  On a motion by Mr. DeLuca, seconded by Mrs. Brown, it was moved to amend the Ordinance to change 8:00pm to 9:00pm.  The motion received 5 votes in favor from Mr. Sanker, Mr. Tracey, Mr. Mumper, Mrs. Brown, and Mr. DeLuca.  Mr. Gabbard, Mr. Moore, and Mr. Fulmer voted in opposition.  The motion passed.

 

On a motion by Mr. Moore, seconded by Mr. DeLuca, it was moved to suspend the rules and have all three readings of the Ordinance.  The motion received 7 votes in favor from Mr. Gabbard, Mr. Sanker, Mr. Tracey, Mr. Moore, Mr. Mumper, Mrs. Brown, and Mr. DeLuca.  Mr. Fulmer voted in opposition.  The motion passed.

 

On a motion by Mr. DeLuca, seconded by Mr. Tracey, it was moved to pass the Ordinance.  The motion received 7 votes in favor from Mr. Gabbard, Mr. Sanker, Mr. Tracey, Mr. Moore, Mr. Mumper, Mrs. Brown, and Mr. DeLuca.  Mr. Fulmer voted in opposition.  The motion passed.

 

J)    Introductory readings of Ordinances

A)    ORDINANCE PROMOTING THE “CITY WIDE STREET SALE” AND ABATEMENT OF ALL PERMIT FEES ASSOCIATED WITH THE SALE

Mr. DeLuca noted that permits can be obtained by contacting either the Treasurer’s Office or the Clerk of Council’s office.  This City Wide Street Sale has been a great success in years past and is now an established and expected bi-annual event.

 

On a motion by Mr. DeLuca, seconded by Mr. Tracey, it was moved to suspend the rules and have all 3 readings of the Ordinance.  All members present voted YES.

 

On a motion by Mr. Tracey, seconded by Mr. DeLuca, it was moved to pass the Ordinance.  All members present voted YES.

 

B)     ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE PURCHASE OF 2,000 TONS, MORE OR LESS, OF SALT AT BULK RATE.

On a motion by Mr. DeLuca, seconded by Mr. Mumper, it was moved to suspend the rules and have all 3 readings of the Ordinance.  All members present voted YES.

 

On a motion by Mr. Fulmer, seconded by Mr. Mumper, it was moved to pass the Ordinance.  All members present voted YES.

 

C)    ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2004.

Mr. Moore noted that this change allows the city to take advantage of Homeland Security Grants.  This moves the money to the appropriate key so that authorized items can be purchased and then reimbursed for by these grants.

 

On a motion by Mr. Moore, seconded by Mr. Fulmer, it was moved to suspend the rules and have all 3 readings of the Ordinance.  All members present voted YES.

 

On a motion by Mr. Tracey, seconded by Mr. Mumper, it was moved to pass the Ordinance.  All members present voted YES.

 

K)  Introductory readings of resolutions

A)    RESOLUTION HONORING THE GRADUATING COMPANIES OF THE HAMILTON COUNTY BUSINESS CENTER, INC.

On a motion by Mrs. Brown, seconded by Mr. DeLuca, it was moved to suspend the rules and have all 3 readings of the Resolution, the first in its entirety, and to send a display copy to the Hamilton County Business Center, Inc.  All members present voted YES.

 

Mrs. Brown mentioned that the HCBC is a business incubator located within the City limits.  The HCBC receives money through the state for these services provided to entrepreneurs.  Additional tax revenue is generated for the City on the order of $250,000.  The HCBC is the most successful out of the ten such incubators in the State of Ohio.

 

Mr. Sanker added that the HCBC combines many of the common services that may burden a startup business and trains them on becoming self sufficient.  This honors the ten most recent graduating companies.

 

On a motion by Mr. DeLuca, seconded by Mrs. Brown, it was moved to pass the Resolution.  All members present voted YES.

 

B)     RESOLUTION AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO MAKE APPLICATION FOR FISCAL YEAR 2005 STATE CAPITAL IMPROVEMENT PROGRAM FUNDS AND IF FUNDS ARE AWARDED TO EXECUTE GRANT AGREEMENTS ON BEHALF OF THE CITY WITH SUCH FUNDS.

Mr. Moore asked a question of the Safety-Service Director what plans he had for grant applications for the upcoming year.

 

Mr. Geers responded that this is step one in getting prepared for Issue 2 programs. This money then can be used as our matching funds to any additional grants that may come available.  This could be for any number of projects in the planning phase.  Applications are due in September.

 

On a motion by Mr. DeLuca, seconded by Mr. Tracey, it was moved to suspend the rules and have all 3 readings of the Resolution.  All members present voted YES.

 

On a motion by Mr. Fulmer, seconded by Mr. Mumper, it was moved to pass the Resolution.  All members present voted YES.

 

C)    RESOLUTION TO PLACE ON THE NEXT GENERAL OR PRIMARY BALLOT THE ISSUE OF WHETHER TO MAINTAIN COUNCIL AT NINE MEMBERS, AND DECLARING AN EMERGENCY.

Mr. Moore explained that the reason that all three readings are required is that this must be into the Board of Elections by August 19, 2004.  This is essentially a Legal Requirement that was not met several years ago when a new ward map was not submitted on time.

 

Mr. Fulmer expressed his concern for the reduction of Council seats.  These two extra seats are the best bang for the buck and these additional seats allow more members on standing committees and more attention to the citizens.

 

Mr. DeLuca echoed his concern for this reduction as well.  Keeping a total of 9 council seats will allow for better service to the citizens of a particular ward.

 

On a motion by Mr. Fulmer, seconded by Mr. DeLuca, it was moved to suspend the rules and have all 3 readings of the Resolution.  All members present voted YES.

 

On a motion by Mr. Tracey, seconded by Mr. DeLuca, it was moved to pass the Resolution.  The motion received 7 votes in favor from Mr. Sanker, Mr. Tracey, Mr. Moore, Mr. Fulmer, Mr. Mumper, Mrs. Brown, and Mr. DeLuca.  Mr. Gabbard voted in opposition.  The motion passed.

 

D)    RESOLUTION WITHDRAWING OBJECTION TO THE RENEWAL OF LIQUOR PERMIT #31-319-1352870, CENTER CITY PUB, LLC., DOING BUSINESS AS CENTER CITY PUB 4108 MONTGOMERY ROAD, NORWOOD, OHIO 45212.

Mr. DeLuca noted that this license has transferred ownership and as of the license transfer all taxes were paid and up to date.  In addition, the new owners have done a nice job with their renovations.

 

On a motion by Mr. DeLuca, seconded by Mr. Tracey, it was moved to suspend the rules and have all 3 readings of the Resolution.  The motion received 7 votes in favor from Mr. Gabbard, Mr. Sanker, Mr. Tracey, Mr. Moore, Mr. Mumper, Mrs. Brown, and Mr. DeLuca.  Mr. Fulmer voted in opposition.  The motion passed.

 

On a motion by Mr. Tracey, seconded by Mr. Mumper, it was moved to pass the Resolution.  The motion received 6 votes in favor from Mr. Sanker, Mr. Tracey, Mr. Moore, Mr. Mumper, Mrs. Brown, and Mr. DeLuca.  Mr. Gabbard and Mr. Fulmer voted in opposition.  The motion passed.

 

L)   ADMINISTRATION REPORTS

Mayor Williams was present and mentioned that he attended a “welcome home” celebration for PFC Mastin, who returned home from a year tour in Iraq.  Mayor Williams urged residents to contact the Mayor’s office with any information regarding our City’s residents representing the country in the military.  We don’t want to leave anyone out.  Mayor Williams noted he has a neighbor who serves on the City’s Police Department as well as the US Army.  Lt. Collins is leaving tomorrow for Iraq and we wish him well.

 

The Mayor noted he has been invited to attend Norwood Soccer’s Opening Day Parade on August 14 at 9:00am.

 

The Mayor mentioned that the Surrey Square Kroger opened on July 28th and asked that Norwood residents patronize this establishment.  If business at the new location is supported we can hope for additional renovation of Surrey Square.

 

The Mayor attended Operation Splash last week and declared it a successful event and thanked the Recreation Commission.  Music, a grill out, and strong attendance made this a great event.

 

Team inspections continue.  Recently a property on Rolston was inspected after neighbor complaints and the team took some corrective action on the property.  Also recently, a landlord was fined $6800 and spent three days in jail for building code violations.  The team went through the list of water cutoffs and found 25 vacant properties in one area of Norwood.  This is alarming and the team will investigate.

 

Mayor Williams feels the need to discuss contractual and personnel issues as a result of the financial difficulties. 

 

On a motion by Mr. Sanker, seconded by Mr. Mumper it was moved to enter into Executive Session re: Contractual agreements and personnel issues and to invite the Safety-Service Director, Treasurer, and Auditor, if present.  All members present voted YES.

 

Council returned from Executive Session

 

When opened for questions, Mr. Moore mentioned that he spoke to the Treasurer and it was mentioned that a letter was going to be included in paychecks to the City’s employees warning them of the City’s budget and cash flow issues.  The Mayor responded that it’s premature at this point to go into detail as the wording has not been finalized, but that this has been discussed.  This Administration will do anything to warn the City employees and help them through these difficult times.  Mr. Sanker followed that with an explanation of the cash flow issues and the ramifications to making payroll.  Every attempt will be made to give ample notice as many employees live check to check and will need to make arrangements if they are not paid in full.

 

Mr. Gabbard asked for the approval for the Norwood Soccer Association to purchase materials to repair a fence at its home field at Lower Millcrest Park.  The Soccer Association would provide the materials and ask that Public Works be available to repair the fence.  Mr. Gabbard thanked Public Works for their continued support.  Mayor Williams emphatically approved this request and appreciates the cooperation and support.

 

M)REQUEST TO ADDRESS COUNCIL RE: NON-AGENDA ITEMS:  

Mike Clemons representing Citizens for a Better Norwood spoke RE: Disbursements from the Hamilton County Auditor’s Office.

 

N)  UNFINISHED BUSINESS  

Mr. Moore announced a Law and Ordinance Meeting scheduled for Tuesday Aug. 17th at 6pm in Council Chambers re: PitBulls.

 

Mr. Sanker announced a Finance and Claims Meeting scheduled for Monday Aug. 16th at 6pm in Council Chambers re: City Finances.

 

Mrs. Brown thanked the Mayor for mentioning the welcome home celebration for Brian Mastin.  If there is a list of veterans or those currently serving please share by contacting the Clerk of Council’s Office at 458-4594.  Mr. Sanker also noted that you can contact the American Legion, Eagles, Moose Lodge, etc.

 

Mr. Moore responded to some of the questions posed by Mr. Clemons.  Mr. Moore answered that while there were several numbers quoted by Mr. Clemons as ending balances not all of these funds are available for payroll.  For example, Economic Development, Water Fund, and Sewage have a combined positive balance of roughly $1.5 Million.  These funds can not be used for operating expenses.  The general fund currently has a negative cash balance of $755,000.

 

Mr. Sanker mentioned that with the failure of the recent levy, we are actively in discussion with the Administration and State officials to determine the short term impact on the City.  There will be both short term and long term changes including various charges that were previously absorbed through the general fund.  Things like unfunded mandates and trash pickup may incur a separate charge to residents.  The Finance Committee will continue to look at ways to streamline and cut expenses.  With the failure of the levy, it is clear that our revenue can not keep pace with our estimated expenditures.  Each item will now be addressed on a cash flow priority basis.

 

Mr. Sanker thanked those that came out and voted on the Levy Issue.  It was good to see such a strong turnout on such an important issue.

 

O)  NEW BUSINESS

Mr. Fulmer relayed information on the Homestead Act that provides property tax relief for those eligible.  Please contact the Hamilton County Auditor’s office at 946-4000 for more information.

 

Mr. Fulmer thanked residents for calling in two water leaks, one at Grove Avenue and another at Burwood and Morton; both are being worked on.

 

P)   COMMUNICATIONS: 

1.      Letter from the Mayor’s Office Re:  Mayor’s Court Fines.

On a motion by Mr. Tracey, seconded by Mr. Fulmer, it was moved that the letter be received and filed.  All members present voted YES.

 

2.      Letter from the Mayor’s Office Re:  Appointment to the Recreation Commission.

On a motion by Mr. Gabbard, seconded by Mr. Fulmer, it was moved that the letter be received and filed and that the appointment be approved.  All members present voted YES.

 

The Chair Notes that Mr. DeLuca has been excused for the remainder of the meeting.

 

3.      Letter from the City Auditor Re: Auditor’s Report ending June 30, 2004.

On a motion by Mr. Tracey, seconded by Mr. Mumper, it was moved that the letter be received and filed.  All members present voted YES.

 

4.      Letter from the City Auditor Re: Auditor’s Report ending July 31, 2004.

On a motion by Mr. Fulmer, seconded by Mr. Moore, it was moved that the letter be received and filed.  All members present voted YES.

 

5.      Letter from Norwood Soccer Association Re: Norwood Soccer Opening Day.

On a motion by Mr. Fulmer, seconded by Mr. Moore, it was moved that the letter be received and filed.  All members present voted YES.

 

Mr. Gabbard encouraged fellow council members to show support at this event.  The kids really enjoy this parade and a chance to show off the Norwood Soccer Association program.

 

Mr. Mumper thanked Mr. Gabbard and the Norwood Soccer Association for their dedication to the community and for providing this first class program to the community.

 

6.      Letter from the Curtis E. Goodman, Fire Chief Re: Norwood Fire Division July 2004 stats.

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved that the letter be received and filed.  All members present voted YES.

 

Mr. Fulmer mentioned that we should be proud of this response.  Not many other communities enjoy this level of service.

 

7.      Letter from the Planning Commission Re: R.F. Smith Parcel #651-0049-0206.

On a motion by Mr. Fulmer, seconded by Mrs. Brown, it was moved that the letter be received and filed and that a Public Hearing be set for the Regular Council Meeting scheduled for September 28, 2004.  All members present voted YES.

 

8.      Letter from the Planning Commission Re: Boundary for PUD Overlay in the vicinity of Norwood Plaza.

On a motion by Mr. Tracey, seconded by Mr. Fulmer, it was moved that the letter be received and filed and that a Public Hearing be set for the Regular Council Meeting scheduled for September 28, 2004.  All members present voted YES.

 

Q)  EXCUSE ABSENT MEMBERS

On a motion by Mr. Mumper, seconded by Mr. Fulmer, it was moved to excuse the absence of Mr. Geers.  All members present voted YES.

 

R)  ADJOURNMENT

On a motion by Mr.Mumper, seconded by Mr. Tracey, it was moved to adjourn.  All members present voted YES.

 

 

 

 

 

 

 

______________________________            ______________________________

J. Brian Mumper                                           Jane M. Grote

Clerk of Council                                             President of Council