Norwood City Council

Council Chambers

May 24, 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

 

Ms. Grote asked that a Moment of Silence be observed for Mr. Enrico DeLuca, owner of Sorrento’s Pizza and a distinguished member of the Norwood Community.

 

D)  ROLL CALL

On roll call, the following members answered present:  Mr. Gabbard, Mr. Sanker, Mr. Tracey, Mr. Moore, Mr. Fulmer, Mr. Geers, and Mr. Mumper.

 

E)   AMENDMENT OF AGENDA:

On a motion by Mr. Fulmer, seconded by Mr. Mumper, it was moved to amend the agenda by adding Ordinance B), adding Communication 4), and by moving Committee Report 2, Communication 3) and Ordinance A) to immediately following the approval of minutes.  All members present voted YES.

 

F)   Approve Minutes from:  April 12, 2005 and April 26, 2005

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

 

As amended Council then moved to consider the following items.

 

H-2)  Community Development and Small Business RE: Ordinance I-A.

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

 

N-3)  Letter from Tim Burke RE:  Ordinance I-A.

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.

 

I-A)  ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AND ACCEPT A PLEDGE AGREEMENT WITH ROOKWOOD COMMONS, LLC, AND UPON COMPLETION, SIGN A RELEASE OF MORTGAGE, AND DECLARING AN EMERGENCY.

Mr. Moore asked Mr. Tim Burke, who was present, to address Council and explain this change.  Mr. Burke approached and explained that rather than the second mortgage of $3.5 Million, this same amount of cash will be deposited and becomes the City’s collateral.  In addition, a change to the Pledge Agreement Document has been made.  This changes the last whereas clause allowing for the possibility that the developer could ask for a change in collateral funding at a later date.  This change in the future would be subject to Council approval.  Mr. Burke suggested that this also puts the City in a better position with respect to the collateral due to being the first in line for this funding rather than the second in line for the mortgage as is the current situation. 

 

Mr. Richard Tranter, representing the developer, was also present and came forward to answer questions regarding the mortgage, change in collateral, and reason for this change.  In response to a question from Mr. Moore, Mr. Tranter noted that this is needed in order to refinance their loan and eliminate any junior financing.  The cash is being moved and allocated in order to secure Norwood’s interests in the property. 

 

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

 

Ms. Grote asked Mr. Burke, while he was at the podium, to provide a brief update on the Court of Appeal decision regarding Rookwood Exchange.  Mr. Burke reported that the Court of Appeals ruled Friday on the consolidated appeals from Mr. Horney and the Gambles.  The result was a unanimous three judge panel in strong support of the City’s actions.  The stays are still in place and Mr. Burke anticipates asking the Ohio Supreme Court that those stays be lifted.  The Institute for Justice has already stated that they would appeal this decision to the Ohio Supreme Court and possibly to the U.S. Supreme Court.  Mr. Burke anticipated that these appeals will not be heard by the Ohio Supreme Court, and in that case the stays may be lifted.  Mr. Burke also mentioned that the Institute for Justice is no longer representing the Motz property.

 

Mr. Sanker asked for the timeline for a decision on an appeal to the Ohio Supreme Court.  Mr. Burke responded that there is a 45 day deadline to appeal and the Ohio Supreme Court then has 45-60 days to decide whether or not they will hear the appeal.

 

Mr. Mumper asked why these cases were given a stay without the required deposit.  Mr. Burke responded that this is certainly a very interesting question and a very rare situation where stays are given without posting a bond of some kind.

 

G)  Requests to address council on agenda items

 

H)  Reports of Standing committees of council

1.      Community Development and Small Business RE: Cornerstone at Norwood Design Review (Water Feature).

Mr. Fulmer mentioned that this waterfall will be a nice feature.  Originally this water feature was tile and now is going to be made of stone.  This will be more aesthetically appealing and we hope to see it before the end of the year.

 

Mr. Tracey added that this new stone affect will stagger several stone pigments and textures to create a very attractive water feature.

 

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

 

2.      Community Development and Small Business RE: Ordinance I-A.

As amended this item was considered previously.

 

3.      Finance and Claims RE: Various Claims.

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

 

4.      Finance and Claims RE: 2005 Budget.

Mr. Sanker mentioned that the funds have been moved from open P.O.s that still have funds available but no additional purchasing is anticipated against those P.O.s.

 

On a motion by Mr. Fulmer, 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 AND ACCEPT A PLEDGE AGREEMENT WITH ROOKWOOD COMMONS, LLC, AND UPON COMPLETION, SIGN A RELEASE OF MORTGAGE AND DECLARING AN EMERGENCY.

As amended this item was considered previously.

 

A)    ORDINANCE TO CHANGE THE APPROPRIATIONS FOR THE YEAR 2005.

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

 

J)    ADMINISTRATION REPORTS

Mayor Williams was present and reported that he attempts to clear any confusion regarding the purchase of five police cruisers.

 

Mayor Williams noted that this Council passed an Ordinance for the purchase of five Police Cruisers, the Chief submitted a letter of intent to commit drug fund resources, there was lots of information and discussion, yet rumors continue to fly.  This drug fund money has specific intended uses.  As the state Auditor suggested these funds could be used to fund new employment to supplement the work force, however this would require the hiring of additional police officers.  This is not in the best interest.  Purchasing these cruisers is a sure way to replace cruisers in dire need of replacement without a significant hit to the general fund.  Mayor Williams quoted Mr. Mumper in saying that this is just a good deal.  While the Mayor understands that funds are tight, funds should be utilized for their intended purpose and in the best interest of the City.

 

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

 

When opened for questions, Mr. Fulmer asked the Mayor if the pools are on track to be opened on schedule.  Mr. Fulmer asked, in particular, if the Victory and Burwood pools are prepared to be opened on June 6th as scheduled. 

 

The Mayor responded that Waterworks is up and running and ready to go and asked the Director of Public Service-Safety to comment on the other pools.  Mr. Geers responded that 4-6 weeks ago he toured Waterworks, Burwood, and Victory and compiled a “to do” list.  That “to do” list is being worked and everything is on schedule. 

 

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

 

L)   UNFINISHED BUSINESS  

Mr. Fulmer reminded residents that the annual Memorial Day celebration is scheduled for Monday May 30th at 1:00pm at Victory Park.  This is a great opportunity to honor the men and women that have served and are serving our Country.

 

Mr. Fulmer also reminded residents that his Ward 2 Town Meeting is scheduled for June 25th from 11:00am-1:00pm in Council Chambers.  All are invited.  Please call him at 731-6526 with questions.

 

Mr. Geers mentioned that his Health, Building and noise violation issues can be seen and addressed at the apartment building at 4763 Woodlawn Ave.

 

Mr. Fulmer reminded residents that are 65 years and older or permanently disabled with an annual income of less than $25,000 are eligible for the Homestead Act.  The deadline for application is June 6th.

 

On behalf of the West Norwood Neighborhood Association, Mr. Moore thanked John Miller and Hyde Park Landscaping for the landscaping around the Community Center and the demonstration he conducted while planting at the Community Center.

 

Mr. Moore reported that the Finance Committee Meeting regarding Health Insurance Changes was a great first step.  He hoped that it opened up the lines of communication.  The bargaining units are considering this option and have also suggested other modifications.  The Finance Committee, however, was only authorized to discuss this one item.  There seems to be a willingness to talk and to work together on this.

 

Mr. Sanker mentioned that regarding the Finance Committee and the cash position.  As far as a cash position as of May 19 we have cash available of $680,265.  Payroll is due this Friday with a payroll estimate of $502,642.09, and a Medicare payment of $3,892.00,  leaving approximately $173,731.32 in the general fund.  The City has subsidies due to Police and Fire $52,500, subsidy separation pay of $9,318, and a subsidy to Recreation of $4,500 leaving roughly $107,000.  The City owes Anthem $123,800 in the first week of June and ABS payment of $40,000.  This leaves a negative of $56,000 as of 5/19.  There is expected revenue in early June but outstanding invoices as of the end of March are $1.8 Million which continue to leave us in a definite cash flow crisis for early June.  This is only an attempt to keep Council up to date on the cash issues and remind everyone that Payroll, Medicare, and Anthem payments continue to be the priority.

 

Mr. Moore added that as early as June 3, 2005 we may be faced with a decision of meeting payroll or shutting down the facilities by continuing to default on Cinergy and phone bills.  The Finance Committee is still awaiting a decision from the Pension Board and that could further worsen the cash flow situation in June.

 

Mr. DeLuca asked the Director of Public Service-Safety for an update on the paint striper.  Mr. Geers came to the podium and reported that the striper was ordered, has been received, and has been in use for several days.  The striper works as expected and is providing great results.

 

 

M)NEW BUSINESS

Mr. Tracey asked that a discussion of changing the garbage setout time be placed in Council’s Committee of the Whole.  Changing this to 5:00pm will allow the small businesses to place their garbage at the curb during normal business hours, rather than forcing them to come back after hours to meet the current 6:00pm setout time.

 

Mr. DeLuca mentioned that garbage setout has been a hot topic on his Sunday call in show and asked that the issue of garbage locations be added to Council’s Committee of the Whole agenda as well.

 

Mr. Mumper asked that a letter be sent to the Earnings Tax Commissioner asking if earnings taxes have been received in the past year from A.J. Braun Roofing at the corner of Quatman Avenue and Carthage Avenue.

 

Mr. Geers asked that a letter be sent to the Health Department asking them to look into high grass and weeds at 4817 Section Ave., 4730 Woodlawn Avenue, and the Neyer property on Ross Avenue.

 

Mr. DeLuca mentioned that he would like to add another to the list and he will get that address to the Clerk of Council’s office.

 

Mr. Fulmer mentioned that he had reviewed the Police Department’s Annual report and quoted some of its highlights.  Mr. Fulmer thanked the Police Department for their hard work and dedication.

 

Mr. Fulmer also announced that Waterworks Park will open Tuesday May 31st, and also mentioned that the pools at Victory and Burwood will also require a $5 pass this year.  Call the Recreation Department at 531-9798 with questions and remember how lucky we are to have these facilities.

 

N)  COMMUNICATIONS: 

1.      Letter from Mayor Thomas F. Williams RE: Letter from Mike Mayfield, Head Baseball Coach.

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

 

1.      Letter from Mayor Thomas F. Williams RE: Mayor’s Court Fines.

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

 

2.      Letter from Tim Burke RE:  Ordinance I-A.

As amended this item was considered previously.

 

3.      Letter from Donna Laake, Health Commissioner RE: High Grass and/or Weeds.

Mr. DeLuca asked the Clerk of Council to read the fines that can be levied if property owners continue to violate these regulations.  Clerk of Council, Mr. Brian Mumper read that the abatement fee is up to $500 and failure to comply with the Ordinance is subject to $50 per day.

 

Mr. Fulmer added that he has no sympathy for those homeowners that don’t obey these laws.  Mr. Fulmer thanked the Health Department for their aggressive enforcement.

 

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

 

O)  EXCUSE ABSENT MEMBERS

On a motion by Mr. DeLuca, seconded by Mr. Mumper it was moved that the absence of Mrs. Brown be excused.  All members present voted YES.

 

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