Norwood City Council

Council Chambers

September 14, 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. Geers, 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 B) and C), by removing Ordinance A) and by adding Communications 5) and 6).  All members present voted YES.

 

F)   Requests to address council on agenda items

1.      Mary Barber addressed Council RE: Refuse Disposal

2.      Carmen McKeehan addressed Council RE: Garbage Fees

 

G)  Approve minutes from: August 10th 2004 and August 24th, 2004

On a motion by Mr. DeLuca, seconded by Mr. Tracey, it was moved to approve the minutes as if read.  All members present voted YES.

 

H)  Reports of Standing committees of council

1.      Community Development and Small Business RE: Rookwood Commons Design Review re-submission (DSW).

Mr. DeLuca mentioned that there has been a stop work order on this project due to the choice of brick not matching the original structure.  The committee will meet with the construction company tomorrow to determine next steps.

 

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

 

2.      Community Development and Small Business RE: Cornerstone at Norwood Landscape Language.

Mr. DeLuca mentioned that the initial concern was the gap between Phase I and Phase II and making sure adequate landscape was in place.  This is no longer a concern as a tenant was just signed for the sixth floor of Phase I; Phase II should start shortly after Phase I is complete.

 

Mr. Fulmer mentioned that the second building should be online in late 2005.

 

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

 

3.      Community Development and Small Business RE:  Cornerstone at Norwood LLC.

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

 

4.      Community Development and Small Business RE: Rookwood Commons Design Review (DSW).

Mrs. Brown asked a question to the Chairman of the Committee about the letter from the developer that was sent claiming the block was unavailable.  Mr. DeLuca mentioned that the supplier claims that the block is still available and we have received contradictory reports.  The new construction is not complimenting the existing structure due to a mismatch in stain colors.

 

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

 

5.      Community Development and Small Business RE: Letter to Norwood Board of Zoning Appeals (Family Dollar).

Mr. DeLuca mentioned that he did not think this was an appropriate use of this prime spot in the Central Business District and creates many additional problems.

 

Mr. Fulmer agreed that this facility only has 20% of the parking spots that would be required for such use.

 

On a motion by Mr. Mumper, seconded by Mr. Fulmer, it was moved to accept the report, have each Council member sign the letter, and approve the letter being sent to the BZA.  All members present voted YES.

 

6.      Committee of the Whole RE: Fun Factory Issues.

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

 

I)      Introductory readings of Ordinances

A)    ORDINANCE INSTITUTING A FEE FOR REFUSE DISPOSAL PURSUANT TO OHIO REVISED CODE SECTION 715.43, AND DECLARING AN EMERGENCY.

 

This item was removed from the agenda.

 

B)     ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ADVERTISE FOR AND SOLICIT STATEMENTS OF INTEREST AND QUALIFICATIONS FROM PROFESSIONAL DESIGN SERVICES PROVIDERS RELATING TO THE ROOKWOOD EXCHANGE PROJECT, AND DECLARING AN EMERGENCY.

Mrs. Brown asked for clarification of this ordinance from the Director of Public Service-Safety.  Mr. Geers clarified that this gives permission to advertise for the design of the parking garage but this does not permit engaging in a contract for design. 

 

Mr. DeLuca added that the redevelopment agreement calls for a city owned garage and as such this needs to be submitted for bids. 

 

On a motion by Mr. DeLuca, seconded by Mr. Mumper, it was moved to have the first reading of the Ordinance.  All members present voted YES.

 

C)    ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ADVERTISE FOR AND SOLICIT PROPOSALS FROM CONSTRUCTION MANAGEMENT SERVICE PROVIDERS REGARDING THE CONSTRUCTION OF PARKING GARAGES IN THE ROOKWOOD EXCHANGE PROJECT, AND DECLARING AN EMERGENCY.

 

On a motion by Mr. DeLuca, seconded by Mr. Fulmer, it was moved to have the first reading of the Ordinance.  All members present voted YES.

 

J)    ADMINISTRATION REPORTS

Mayor Williams was present and thanked Norwood Firefighter Rich Glisson for participating in the memorial run that took place over Labor Day weekend.  It was a great event and had a great crowd.

 

Mayor Williams also mentioned that the new generators have been delivered and should be installed next week.  These generators will provide backup power for the communications center to insure that vital 911 emergency services are available even during power outages that affect the area.

 

The Mayor announced that we filed for a grant for $240,000 for 800 MHz for the Police Department.  The Fire Department received more than $200,000 and the Police Department is now trying for a grant to purchase these same 800 MHz radios for the Police personnel. 

 

The Mayor mentioned that he, Mr. Geers, Mr. Dettmer, Mr. Sanker, and Mr. Molony attended a recent Chamber of Commerce Meeting and gave a report on the state of the City.

 

Among the normal tasks, the Administration is working diligently on an unfunded mandate from the EPA regarding Storm Water.  The Mayor cited that with the infrastructure being so old it is very difficult to manage and maintain.

 

The Mayor then read a Proclamation declaring September 2004, as Leukemia and Lymphoma Awareness month in the City of Norwood.

 

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

 

L)   UNFINISHED BUSINESS  

Mr. Fulmer mentioned that waste collection is more than $800,000 annually and changes are in the works.  The Ordinance that was removed from tonight’s agenda will likely pass eventually.  Many communities already charge and the idea would be simply to cover the costs of waste collection.

 

Mr. Moore agreed and reiterated that the City simply can no longer afford to shoulder this load from the general fund, but that these charges will be recovered from the residents.  Renewing the existing contract and billing the residents will save money over individuals contracting separately.  The reason this was pulled from the agenda was to finalize the mechanics of billing.

 

Mr. Sanker added that the Rumpke contract is fair at this point, but negotiations are in place to secure an even better rate and obtain more accuracy on the number of units being counted in the contract.  Mr. Sanker also noted that many communities already charge, some using a “pay to throw” model that may even become the norm state wide.  In addition, changes over the next ten years are inevitable and he would love to see a citizen panel assembled to help with the long range planning on this issue covering both environmental and fiscal concerns.

 

Mr. Gabbard encouraged the administration to get out as much information on any new program into the hands of the residents as soon as possible.

 

Mayor Williams commented that he met on this item today; the plan is to get rate information, billing issues, and who to call for questions, together in a communications package.  The Mayor also noted that Council will have a chance to hear presentations from Rumpke on any future programs to be considered longer term.

 

Mrs. Brown mentioned that at the latest Council’s Committee of the Whole meeting the issue of street calming was discussed.  Mrs. Brown reminded all to be extra aware and pay attention when driving.  Residents also need to pay attention to jay-walking laws and cross only at crosswalks or intersections.

 

Mr. Gabbard asked a question of the Chairman of the Law and Ordinance committee on the status of looking into a Hiring and/or Salary freeze.  Mr. Moore responded that a meeting will be called on the topic next week.

 

Mr. DeLuca announced that the final results for the City Wide Street Sale are in; 160 residents hosted yard sales bringing the annual total to over 400.  The next City Wide Street Sale is scheduled for the first weekend in May.

 

M)NEW BUSINESS

Mr. Fulmer mentioned that there is a proposal that is being considered by the Board of Zoning Appeals asking to increase the height of a 100 foot cell tower to 130 feet.  Mr. Fulmer is against this and has sent a letter stating his opposition.  Mr. Fulmer asked others that oppose this to attend the next Board of Zoning Appeals hearing.

 

Mr. Gabbard recommended that the Community Development and Small business committee look into placing a high tech informational sign in the vicinity of Shell Hill to announce community related events.  This item is placed in committee.

 

Mr. Gabbard asked that a letter be sent to the Law Department asking an Ordinance be drafted increasing the cost of speeding tickets to the maximum allowed by law.

 

Mr. Gabbard mentioned that Mr. Molony was the only elected official present that was requested to attend and therefore suggested that something more forceful should be considered to encourage the Law Director, Auditor, and Treasurer to attend council meetings on a regular basis.

 

On a motion by Mr. Gabbard, seconded by Mr. Fulmer, a motion was made requesting the Law Director, Treasurer, and Auditor, or a salaried member of their respected offices, be present at Council Meetings the remainder of the year.  All members present voted YES.

 

Mrs. Brown mentioned that during the Welcome Home Ceremony for Brian Mastin he showed a DVD that was made by his unit.  Mrs. Brown has worked to make that DVD content available on Cable Access channel 23 scheduled to air Mondays at 3:30pm and Fridays at 8:30pm.  Please tune in.

 

N)  COMMUNICATIONS: 

1.      Letter from the Mayor’s Office RE:  Letter from Linda and Samantha Shottenkirk.

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

 

2.      Letter from the Mayor’s Office RE:  Mayor’s Court Fines.

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.

 

3.      Letter from Donnie Jones, City Auditor RE:  Auditor’s report month ending August 31, 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 Curtis Goodman, Fire Chief RE:  Fire Division August 2004 Stats.

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

 

5.      Letter from Joseph Geers, Director Public Service-Safety RE:  National Pollutant Discharge Elimination System Permit.

Mr. DeLuca asked for clarification on both what was needed by when and his recommendation on the topic. 

 

The Director of Public Service-Safety explained the HCSWD and the membership program and the EPA regulations being enforced in the next few years.  The recommendation is to ask the HCSWD to take on some of the compliance work and to set up a Storm Water utility that will be billed out and managed as a separate utility.  This is an unfunded mandate and several small communities are struggling with contracting the work on their own.  Several communities our size have created a Storm Water utility that will not only fund the work required for 2004, but create a reserve for emergencies and build a plan for future years.

 

Mr. Fulmer asked the cost to the average tax payer and how this would be charged.  Mr. Geers responded that early estimates are $2-3 per month and this would be charged as a utility similar to the water bill.  This allows for ongoing maintenance that would otherwise be covered by the general fund which of course has no budget for storm water maintenance.  The County is not taking over any systems at this time or in the future.

 

Mayor Williams added that the age of this infrastructure is frightening and make this a much more difficult undertaking.  This is equitable for the property owners as properties would be charged based on size.  Some systems will need to be replaced in the near future and we must be prepared for such an expense.

 

Mr. Moore clarified that the first five years are targeted to map existing systems, but the following five years are targeted to fix all those incidents that are out of compliance.  A structure needs to be in place to cover this.

 

Mr. Sanker asked about vacant homes and how will they be charged if their water is off.  Mr. Geers responded that all homes and properties would be required to pay the storm water utility.

 

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

 

6.      Letter from the Ohio Department of Liquor Control  RE:  Renewal Application for Slammer’s Grill and Bar LLC dba Soupies Grill and Bar.

On a motion by Mr. Moore, seconded by Mr. Fulmer, it was moved that the letter be received and filed and that a letter be sent to the Law Department requesting an appeal of this decision.  Mr. Gabbard, Mr. Sanker, Mr. Tracey, Mr. Moore, Mr. Fulmer, Mr. Geers, Mr. Mumper, and Mrs. Brown voted YES.  Mr. DeLuca abstained.

 

O)  EXCUSE ABSENT MEMBERS

All members are present.

 

P)   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