Norwood City Council

Council Chambers

March 22, 2005

 

 

 

 

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. Mumper, seconded by Mr. Tracey, it was moved to amend the agenda by removing Resolution J-A) and by moving the request to address Council as the first order of business.  All members present voted YES.

 

As amended, Council then heard the address to council by Lizzie Vollman from the Hamilton County Parks District.  Ms. Vollman announced the events to be held in celebration of the Park District’s 75th anniversary.  Ms. Vollman also highlighted several new additions and renovations to existing park facilities.  Residents can call the park district for more information and for the Park Passport brochure including coupons to Hamilton County Park District’s Events.

 

F)   Requests to address council on agenda items

 

G)  Reports of Standing committees of council

1.      Community Development and Small Business RE: Design review of water feature at Smith and Williams.

Mr. DeLuca explained that the existing water feature’s design has proven difficult to implement.  The water feature will be redesigned and reviewed by the City and the goal is to have the water feature operational in August 2005.

 

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

 

1.      Law and Ordinance RE: Group Homes.

Mr. Moore reported that the Law Director attended the last West Norwood Neighborhood Association meeting to discuss group home regulation and there is some question over how much control the City has in such operations although registration is a step in the right direction.  Once these homes are registered, the Health Department will be able to monitor these homes to help to guarantee the safety of the residents.

 

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

 

2.      Law and Ordinance RE: Day Care.

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

 

3.      Law and Ordinance RE: Theft of Recyclable Waste Items.

On a motion by Mr. Fulmer, seconded by Mr. Tracey, it was moved to accept the report and add the associated Ordinance to the agenda as item I-C).  All members present voted YES.

 

H)  Second reading of ORDINANCES

A)    ORDINANCE TO CONTINUE FREEZING WAGES FOR ALL APPOINTED EMPLOYEES IN THE CITY OF NORWOOD, AND DECLARING AN EMERGENCY.

Mr. Moore explained that the reason he thinks it is important to hear the second and third readings tonight is that this same Ordinance was passed six months ago and since then things have only gotten worse.  He is not sure what has changed that might render this Ordinance less necessary than it was six months ago.  The alternative to this Ordinance is to go individual by individual and that is not desirable.

 

Mr. Fulmer agreed that while these individuals might deserve raises we need to start somewhere to get the finances in line.  Unlike other areas, this is an area we have some amount of control.

 

Mrs. Brown rebutted that these are the only employees that have not gotten raises and these people are being left out and singled out since everyone else is held by contract to get these raises.

 

Mr. Mumper responded that this Council has not voted to give any other group raises; failing this Ordinance would be an exception to previous Council actions.  This Council, knowing what they know, should control cost wherever and whenever possible and this is a case where costs can be controlled in these tough times.

 

Mr. Gabbard added that this may not be fair, but due to other agreements and contracts this is the only group Council has specific control over.  Mr. Gabbard stated he would prefer if we could freeze all salaries, but we cannot due to existing contracts.

 

Mr. DeLuca asked the Mayor for his comments.  Mayor Williams responded that some of these individuals affected have not received any increase and were already at near the bottom of the pay scale.  Mayor Williams added that we have to be financially sound but we also have an obligation to keep good people that can help to run this City effectively.  Low wage clerks receiving a cost of living raise would not have a significant impact on the City’s budget; this can be done in a manner that maintains control over the budget.

 

The Chair noted that Mr. Sanker is now present in Council Chambers.

 

Mr. Moore explained that this should not be about fairness; “fairness” is what got us in this financial condition in the first place.  Mr. Moore cited the unending cycle of each group trying to outpace the previous group’s contract increases.  This cannot continue.  We can only afford what we have the money to pay.

 

Mr. Fulmer added that if the alternative is to consider each employee on an individual basis then this Ordinance is the better solution.  Mr. Fulmer added that he will not vote on an individual basis.

 

Mrs. Brown declared that this individual consideration was exactly what was done this time last year when the Secretary to the Clerk of Council was given a raise.

 

Mr. Moore responded that we consider individuals every time Council changes the conditions of employment.  This position was changed dramatically, not to mention the fact that the hours are reduced and no benefits are given to this position.  Mr. Moore added that he will listen to any other employee that wants a wage increase if they are willing to cut their hours, give up there benefits, and do more work than that which was done previously.

 

Mr. Sanker added that while this might not be fair, it is a necessary measure.  Hopefully things change sooner than expected and this wage freeze can be lifted, until then we need to be fiscally responsible at this time.

 

On a motion by Mr. DeLuca, seconded by Mr. Moore, it was moved to suspend the rules and have the second and third readings.  All members present voted YES.

 

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

 

I)      Introductory reading of ORDINANCES

A)    ORDINANCE REPEALING SECTION 163.12 OF THE CODIFIED ORDINANCES OF THE CITY OF NORWOOD AND DECLARING AND EMERGENCY.

Mr. Moore asked that the attached letter from the Assistant Law Director also be read explaining the changes in the Ordinance.  At this time, the Clerk of Council read the letter from Mr. Ted Kiser.

 

Mr. DeLuca noted that Mr. Burke was present and asked him to the podium to explain this Ordinance.  Mr. Burke explained that this section only makes those changes absolutely necessary at this time.  This Ordinance modifies language in the existing Chapter that states that if you are in an Urban Development District you can not get a building permit.  This places an inappropriate cloud over home owner’s properties.  This section has never been enforced nor should it be enforced; it is no longer pertinent.  This is one section that makes no sense to be included in the existing Chapter 163. 

 

Mr. Moore added that this will change the section that there was the major urgency to change.  There is no reason to prevent a building permit in this case.  Mr. Moore added that he feels that all three readings are appropriate mainly since the Ordinance containing the complete set of revisions was read twice and there were no complaints to this particular clause. 

 

Mr. DeLuca announced that the Town Hall meeting has been scheduled for April 2nd at 10:00am in Council Chambers.  During this meeting the entire set of suggested revisions will be discussed.  This is just one clause that requires some urgency and will simplify Chapter 163.

 

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

 

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

 

B)     ORDINANCE TO MAKE APPROPRIATIONS FOR THE CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF NORWOOD, OHIO DURING THE CALENDAR YEAR ENDING DECEMBER 31, 2005.

Mr. Moore explained that this is the final appropriation for 2005 and requires approval by the end of March.  This is similar to last year’s budget and includes 18 pay periods out of the full 26.

 

Mr. Sanker added that this will continue to change through the weeks as specific items and issues are addressed and funds are redirected.

 

Mr. Deluca noted that the County Commissioners held a meeting in Council Chambers and he took away that the County has implemented a 4% cut or $270 Million.  Mr. DeLuca commented that residents should take a look at this appropriation.  Many suggestions have been made but there are always consequences.  For example, some have suggested cutting the Health Department, but the County Health Department does not provide the same level of service and has been shown to be less reliable and still comes at a cost.  Suggestions have been made to cut the Building department, and cuts have been made to the Building Department, but then there are complaints that the Building Department is unresponsive.  Mr. DeLuca explained that this is a pretty bare bones budget, this Council and the previous Council has made cuts, departments can’t be cut much further without significant consequences.

 

Mr. Fulmer agreed and stated that the Health Department provides a real service to some in the community.  The Building Department is understaffed and there is not enough existing enforcement of codes.  Cuts are hard to come by if we want to operate as a City that provides services and that residents can be proud of; these departments are needed.

 

Mr. Moore commented that he wishes he has the County’s problems; the County cuts that were discussed at the meeting are indeed a luxury.  Federal level cuts are hurting the local government’s finances when first responders and similar funding are cut; those cuts trickle down to the local level and put the squeeze on cities like ours.

 

Mr. DeLuca asked the Clerk of Council if these appropriations could be put on Council’s website.  Mr. Brian Mumper confirmed that if he could get the content electronically from the Auditor’s office, the content could and would be posted.

 

On a motion by Mr. Moore, seconded by Mr. Tracey, it was moved to suspend the rules and have all three readings.  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.

 

C)    ORDINANCE ESTABLISHING THE PROVISIONS FOR THE CRIME OF “THEFT OF RECYCLABLE WASTE ITEMS” AS WELL AS THE PENALTIES FOR SUCH CRIME, AND DECLARING AN EMERGENCY.

Mr. DeLuca asked a question to the Law and Ordinance committee Chair asking him to explain how this Ordinance could be enforced.  Mr. Moore explained that this Ordinance makes theft of recyclables a first degree misdemeanor.  This is an attempt at curbing those that are using the theft of recyclables as their income and there have been several complaints of such since implementing the recycling program.  Stealing recyclables is stealing from the City.

 

Mr. Sanker added that there have been several complaints but there has not been anything on the books to enforce these complaints.  This Ordinance will help address that problem and is needed.

 

Mr. Tracey mentioned that he has observed some vans and trucks stopping by and picking up recyclables and has called to report these incidents.  This Ordinance will stop the cherry pickers that have come to our neighborhood to collect on the goodwill of our citizens.

 

On a motion by Mr. Fulmer, seconded by Mr. Tracey, it was moved to suspend the rules and have all three readings, the first in its entirety.  All members present voted YES.

 

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

 

J)    Introductory reading of rESOLUTIONS

A)    ORDINANCE EXPRESSING COUNCIL’S ENDORSEMENT AND APPROVAL OF THE SAFETY-SERVICE DIRECTOR INITIATING LAYOFFS, BRINGING THE CITY OF NORWOOD FIRE DEPARTMENT TO THE LEVEL OF COMPLEMENT REQUIRED IN THE COLLECTIVE BARGAINING AGREEMENT.

As amended, this item was removed from the agenda.

 

K)  ADMINISTRATION REPORTS

The Mayor was present and mentioned that, as the Business Courier has announced, plans have been submitted for the Globe Site as a result of a $750,000 grant that was awarded to the City to clean up the site.  The Community Development and Small Business Committee have worked many hours on this and he and the community appreciate the results.  Mayor Williams read quotes from the article.  This will be a great project for our area and this article is positive publicity for our community.

 

Mayor Williams noted that trees have been planted on S.R. 562 near the Norwood Ave. and Ash Ave. entrance.

 

Mayor Williams also noted that the light poles that were knocked down on Sherman Avenue have been removed and will be replaced by CG&E.  The light poles on the Norwood Lateral are also being worked on.

 

Mayor Williams added that progress continues to be made on the second Cornerstone Building but cautioned that as the steel goes up, traffic on I-71 slows due to rubber neckers and asks residents to be careful in their travels.

 

The Mayor summarized that while we internally sometimes lose faith in the City, there are some very positive reports coming externally as demonstrated by the article in the Business Courier.  Mayor Williams mentioned that as an example, a home in South Norwood was recently sold for more than $300,000.  Hopefully this is all positive news for the residents and for the City.

 

When opened for questions Mr. Sanker asked for the status of the I.B.E.W. development on the west side of Section Avenue near the old American Laundry building.  Mayor Williams answered that designs will be submitted shortly for review.  Mr. DeLuca added that revised drawings have been submitted that include two buildings on the premises; one of which is for administration and the second for a training facility and a Union Hall.

 

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

1.      Lizzie Vollmar RE: Hamilton County Park District.

As amended, this item was handled previously.

 

M)UNFINISHED BUSINESS  

Mr. DeLuca brought up the $750,000 in Clean Ohio Grant Money that Mayor Williams mentioned is great for the City and great for the development.  This will certainly help the developers secure better tenants for this mixed-use office and retail development.  The remediation of the area will help attract top notch tenants.

 

Mr. Moore added that several years ago the cost to clean up the soil in several particular areas was quoted at $3Million and explained the difference in estimated amounts.  Mr. Moore explained that a few years ago the acquisition of the property was included in that sum and there were slight differences in the amount and areas of unclean soil based on the studies conducted at the site.  In fact, through the most recent study, an additional soil area was identified where soil containing lead will be removed, the major difference however is that the acquisition of property no longer applies to the current estimate as Neyer has already acquired this property.

 

Mr. Fulmer added that this development will be titled Linden Point on the Lateral and will be a $60 Million, mixed-use Office and Retail development.  According to the Ohio Department of Development this development will generate more than $1.3 Million in additional real estate taxes and more than $1.2 Million in additional earnings taxes from the estimated 2,000 employees on the site.  The early designs appear to be worth the wait. 

 

Mr. DeLuca mentioned that this development will be in several phases and each phase will begin based on securing tenants and lease agreements.

 

Mr. Fulmer mentioned that last Saturday’s Easter Egg hunt was a tremendous success and thanked Ms. Jennifer Wallace and the Recreation Department staff for arranging this event that was attended by several hundred children and their parents.  This was another sign that Spring is here.

 

Mr. DeLuca announced that Cincinnati Bell will be moving 500 jobs to the City of Norwood.  This is a result of the Community Development and Small Business Committee, Mr. Rick Dettmer, and other City officials’ continual pressure regarding the Convergys agreement.  Convergys moved jobs out of the City of Norwood with incentives from the City of Cincinnati, the County and the State.  Mr. DeLuca commented on the absurdity of these incentives to allow the relocation of jobs outside of their agreement.  This additional 500 jobs is a compromise on that Convergys agreement but these jobs from Cincinnati Bell will be a better class of jobs and generate more earnings tax. 

 

Mr. Moore thanked Mr. Dettmer and quoted Mr. Dettmer that we traded jobs with Cincinnati but that this didn’t cost us the $25 Million in incentives that was required of the move to the City of Cincinnati.

 

Mr. Fulmer added that the Convergys issue is not over and the City will continue to fight.

 

Mr. DeLuca formally announced the Town Hall meeting regarding Chapter 163 revisions has been rescheduled for Saturday, April 2nd at 10:00am.

 

Mr. Moore announced that the W.N.N.A. Clean up day is also scheduled for April 2nd at 10:00am and volunteers can meet at the Community Center.

 

Mr. DeLuca announced that the Norwood Recreation Department’s Annual Park Cleanup is scheduled for Saturday April 23rd from 9:00am-Noon.  Volunteers can contact the Recreation Department at 531-9798.

 

N)  NEW BUSINESS

Mr. Fulmer asked that a letter be sent to the Director Public Safety-Service asking him to investigate a trash problem at Easy Way products at Spencer and Lexington Avenues.  Trash has been blowing out of the overfilled dumpsters and trash has been found as far as Elsmere Ave. and Floral Ave.

 

Mr. DeLuca mentioned that an article in the Cincinnati Enquirer mentioned the City of Lebanon’s effort regarding job creation and suggested that we implement a survey similar to a survey they conducted regarding the relative importance of City services.  Mr. DeLuca asked that other Council members review the surveys and provide feedback.

 

Mr. Fulmer asked that the issue of the ‘No Parking’ signs on Montgomery Road in the Central Business District be placed into the Streets, Infrastructure, and Public Works committee.

 

Mr. DeLuca announced that his live call in show with Councilman Keith Moore will air on NCT channel 4 on Sunday Night from 8:00pm-9:00pm.  Please call in with any questions or concerns.

 

Mr. Sanker asked that a letter be sent to the Mayor and Director of Public Service-Safety asking them to explore the hiring of experienced outside legal counsel to examine the potential for Chapter 9 Municipal Bankruptcy.

 

Mr. DeLuca asked that a letter be sent to the Chief of Police requesting the speed wagon be placed on Highland Ave. and Indian Mound Ave.

 

Mr. Fulmer expressed his wishes for a Happy Easter to all residents.

 

O)  COMMUNICATIONS: 

1.      Letter from Joseph C. Geers, Service-Safety Director RE: Painting street lines.

Mrs. Brown asked, through the Chair to the Mayor, what the problem was with the current paint striper.  Mayor Williams responded that in addition to the comments in the communication, the existing paint striper is old, antiquated, and that the lines were not adequately cleaned out after last use.  Mayor Williams then asked the Director of Public Service-Safety to the podium to add to his response.  Mr. Geers responded that the current striper is only capable of painting double yellow lines and not intended for cross walks, etc.  In addition Public Works no longer employs a resource that is trained on the equipment, and that it is in need of major repair and cleaning.  Mr. Geers added that the newer equipment is much more versatile, easier to use, and easier to maintain.  The cost for a new striper will be offset in little over a year given the cost to contract the service out to a contractor. 

 

On a motion by Mr. Fulmer, seconded by Mr. Tracey, it was moved that the letter be received and filed and that this issue be placed in the Finance and Claims committee.  All members present voted YES.

 

1.      Letter from Joseph C. Geers, Service-Safety Director RE:  Design-Build project on the Norwood Lateral.

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.

 

2.      Letter from Police Chief, William Schlie RE: Byrne Formula Justice Assistance Grant.

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

 

P)   EXCUSE ABSENT MEMBERS

All members are present.

 

Prior to adjournment, on a motion by Mr. DeLuca, seconded by Mr. Moore, it was moved to suspend the rules in order to discuss a possible motion.  All members present voted YES.

 

On a motion by Mr. DeLuca seconded by Mr. Fulmer, it was moved that a letter be sent to the Auditor’s office asking them for a cost analysis involved with layoffs of Firefighters that would bring us back to the complement specified in the contract.  Mayor Williams responded that he had in fact done that and would be happy to share the information.  Mr. Fulmer added that this is information that Council needs whether now or in the future.  All present voted YES.

 

Q)  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