Norwood City Council

Council Chambers

June 14, 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. Sanker, Mr. Tracey, Mr. Moore, Mr. Fulmer, Mr. Geers, Mr. Mumper, and Mrs. Brown.

E) AMENDMENT OF AGENDA:

On a motion by Mr. Fulmer, seconded by Mr. Geers, it was moved to amend the agenda by moving item P-1) to immediately following the approval of minutes, by moving I-4), item G), and Resolutions K-A) and K-B) to immediately following item P-1), by adding item P-9) immediately following P-5), by adding P-10), and by removing item P-8). All members present voted YES.

F) Approve Minutes from: May 10, 2005 and May 24, 2005

On a motion by Mr. Fulmer, seconded by Mrs. Brown, 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.

P-1) Letter from Mayor Thomas F. Williams RE: Zoning Update Task Force.

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

On a motion by Mr. Fulmer, seconded by Mrs. Brown, it was moved that the letter be received and filed and that the request to address be approved. All members present voted YES.

Ms. McGraw then addressed Council and provided an update on the Norwood Zoning Update Task Force and specifically the Montgomery Road Corridor. Ms. McGraw mentioned that the Task Force meets monthly and additional involvement from the community is welcomed. Please contact Ms. McGraw or Mr. Rick Dettmer if interested.

Mr. DeLuca asked Ms. McGraw to provide an overview of this work. Ms. McGraw responded that the Task Force is working to update the zoning along the Montgomery Road Corridor. Currently there are five different zoning districts along the corridor that are out of date and inconsistent. The goal of the task force is to update the zoning districts and provide a much more strategic zoning code and submit to the Planning Commission in the October timeframe.

Mrs. Brown asked if this work is based on the plan compiled by Dr. Roschke. Ms. McGraw answered that the plan originally developed by Dr. Roschke is being utilized as a guide only.

I-4) Committee of the Whole RE: Sprinkler Ordinance Variance.

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

G) Hearing: REGARDING VARIANCE TO NEW BETHEL BAPTIST CHURCH IN REGARD TO THE REQUIREMENT TO INSTALL A SPRINKLER SYSTEM, PURSUANT TO ORDINANCE 54-2002 AND NORWOOD CODIFIED ORDINANCES CHAPTER 1511.

Ms. Grote explained that the Hearing is not a Public Hearing but is an Administrative Hearing. The New Bethel Baptist Church can present to Council, followed by the Fire Department, and any other interested citizens. There is no time limit and questions are permitted.

Rev. Kirk Pike represented the New Bethel Baptist Church and presented to Council several points as to why he believes a variance should be granted. Rev. Pike stated that:

The State of Ohio does not require sprinklers in buildings less than 12,000 Square Feet. Norwood City codes require this in buildings greater than 5,000 square feet. Rev. Pike asked if this regulation is good for the rest of the State why is it not good for the City of Norwood? The State does not require sprinklers for this facility nor does the Church’s insurance company.

In this fellowship hall and gymnasium, no one will ever be more than 50 feet from an exit. It is built on a concrete slab and will not include a basement.

This appeal process has been confusing and Rev. Pike gets the feeling that while he is following the process, there are many involved in the process that are creating tension and blaming New Bethel Baptist Church.

Estimates on the sprinkler system at this point run from $75,000 -$100,000.

Rev. Pike asked why this Ordinance was needed in the first place, and asked if there has ever been a fire in a gymnasium that prompted the Ordinance.

This is a prime candidate for a variance, the building will be vacant 80% of the time, there will very seldom be more than fifty people in the building, and there will be a top of the line fire alarm system installed.

Rev. Pike mentioned that his congregation believes that the variance for the sprinkler system is God’s will much as Council mentions in the opening prayer. Rev. Pike urged Council to ask themselves whether they represent the people that elect them or the Administration and the City of Norwood.

When opened for questions, Mr. Fulmer asked if a sprinkler system was included in the formal plans submitted for a building permit. Rev. Pike affirmed and said the only way to get a permit was to include the sprinkler system while they had always planned to file the appeal.

Mrs. Brown asked what the occupancy of this facility would be; there was some reference to 192 in a table and chair setup. Rev. Pike answered that the State does not have an issue with the occupancy, in fact the state provides an exception for Churches so long as there is not fixed seating in the facility.

Mrs. Brown asked what the planned uses of the facility include. Rev. Pike answered that the Fellowship Hall will generally be used for after-school basketball, volleyball, and Bible study. Mrs. Brown followed up and asked why the diagrams for the table setup are included. Rev. Pike responded that Wedding receptions and pot luck suppers may be held there but will be very infrequent events.

Mrs. Brown also asked who is actually inspecting the building since the Church is acting as the General Contractor and much of the work is being done by volunteers. Rev. Pike responded that Mark Reeves has been out to the facility several times to check in and has seen and approved that all work is being done in accordance with the building codes.

Mr. Moore asked Rev. Pike about the State exception for Church buildings and how that applied in this case since this is a gymnasium. Rev. Pike answered that his understanding of the law is that it applies to property owned by Churches regardless of primary usage. Mr. Dan Bly, from the City’s Building Department, has also reviewed the provision and agrees with this reading of the law. This provision applies to Churches and Museums as long as there is no fixed seating.

Mrs. Brown asked about the estimate on installing a sprinkler system. Rev. Pike responded that his latest estimate is $59,000 and does not include the air pressure system or running the plumbing under the concrete slab since this construction has already started.

In closing, Rev. Pike asked if the State of Ohio is wrong and repeated the question of whether Council represents the community or the City’s Fire Department.

Chief Curt Goodman presented on behalf of the Fire Department and started out by describing his respect and positive working relationship with Rev. Pike. Rev. Pike was selected by Chief Goodman as the Department Chaplain. Chief Goodman assured Rev. Pike that this appeal process should not create animosity; this is exactly why this appeal process is in place. Chief Goodman apologized if any of this animosity came from the Fire Department. Chief Goodman then presented his case for why the variance should NOT be granted:

This Ordinance and this Fire Department is of a proactive rather than a reactive nature. The smoke detector ordinance was also met with oppositions years ago and since it has been enacted has saved countless lives.

The reason for this Ordinance was to be proactive in the protection of lives. There are several communities in the Country and in the State that require sprinklers for new residential construction as well.

The height of the building, while it may help with smoke inhalation issues, is actually a possible detriment to the building as the height meets the N.F.P.A. guidelines of a hazardous building.

The State Guidelines are intentionally generic and allow for the local jurisdiction to strengthen the requirements as necessary for the community. Every community is different and rural settings are drastically different than urban settings.

Chief Goodman certainly trusts that the usage of the facility provided by Rev. Pike is accurate. However, Rev. Pike and Chief Goodman will not be around forever; the possibility exists that in the future the usage of the facility will be dramatically different. If this variance is granted there is no security should the usage of this facility dramatically change.

The Fire Department’s stance is that every new construction will be required to install a sprinkler system. Nothing comes before safety and that is the role of the Fire Department, the appeal process was put in place for the rare exception granted by the governing body.

Chief Goodman closed by stating that the appeal process is working as planned and reiterated that any animosity was not intended, the Fire Department is simply stating its stance on the issue.

When opened for questions, Mrs. Brown asked about occupancy and how that is determined. Chief Goodman responded that there are many formulas to calculate occupancy based on usage. Chief Goodman added that 90% of the people that die in fires perish less than 15 feet of the exit. Chief Goodman cautioned that we all must take into consideration who is exiting the facility, is it 16-17 year olds or elderly or disabled individuals? If one person falls in egress, the exit becomes a dam. During his six years as Chief he has learned that the cost of being proactive is potentially ruffling feathers but it’s the right thing to do. When acting as a reactive department you are often acting after one or more lives have been lost. This aggressive proactive stance is pervasive including aggressive inspections. The number one goal is safety. There have been numerous communities that have adopted similar restrictions on sprinklers for constructions more than 5,000 square feet, including 100 communities in Northern Illinois.

Mr. DeLuca asked Chief Goodman to explain why the variance process was added to the original Ordinance. Chief Goodman responded that we all have the right to have decision made by the elected. The Fire Department serves as the expert in the content and would not likely approve a variance for any new construction more than 5,000 square feet and he’d hope that Council would consider their input fairly.

Mrs. Brown asked about the preconception that a dry sprinkler system actually increases a fire’s intensity before water is sprinkled. Chief Goodman responded by describing the technology behind a dry system and that dry systems are very common and do not significantly increase the intensity of a fire particularly in a facility where the ceilings are so high.

Mr. DeLuca asked Chief Goodman to comment on the kitchen hood system that Rev. Pike described. Chief Goodman responded that these systems are not fool proof, they contain most of the fires, but as soon as the fire exceeds the space under the hood, they are ineffective.

Mr. Fulmer added that he agrees with Rev. Pike that our Fire Department can be at any emergency in about 3 minutes, but asked about the response time when the emergency services are otherwise engaged. Chief Goodman responded that this is certainly a real situation. When mutual aid is required the response time jumps to more than 10 minutes; a fire in a wood construction without sprinklers would most likely be a total loss and fire fighting would then be focused on protecting surrounding buildings.

Mr. Moore asked about the process to determine occupancy. Chief Goodman replied that the occupancy is set in coordination between the Fire Department and the Building Department.

Mr. DeLuca asked if Norwood is the only City that has passed such an Ordinance. Chief Goodman responded that this is certainly not the case and cited Blue Ash, Woodlawn and several others as nearby communities that have a similar restriction on facilities more than 5,000 square feet.

Other than Rev. Pike and Chief Goodman, no one else addressed Council on this matter when the Hearing opened for the community.

A) RESOLUTION GRANTING A VARIANCE TO NEW BETHEL BAPTIST CHURCH IN REGARD TO THE REQUIREMENT TO INSTALL A SPRINKLER SYSTEM, PURSUANT TO ORDINANCE 54-2002 AND NORWOOD CODIFIED ORDINANCES CHAPTER 1511, AND DECLARING AN EMERGENCY.

On a motion by Mr. Gabbard, seconded by Mr. DeLuca, it was moved to suspend the rules and have all three readings. The following members voted YES: Mr. Gabbard, Mr. Sanker, Mr. Tracey, Mr. Moore, Mr. Geers, Mr. Mumper, Mrs. Brown, and Mr. DeLuca. The following members voted NO: Mr. Fulmer. The motion passed 8-1.

Mr. DeLuca asked Safety Service Director Joe Geers to come to the podium to answer the question of the City’s water main tapping fee assessed to such sprinkler systems. Mr. Geers responded that the fee is assessed at $400 per inch of main diameter. The water main in this area is 12 inches which would compute to $4800; the same fee structure is assessed to all new construction.

Mrs. Brown asked if this fee could be repealed for this case. Mr. Geers answered that this is a question more appropriately asked of the Law Department.

Mr. Fulmer commented that he will be voting NO on this Resolution. He has seen and even put out fires and knows what kind of damage fires can do and the safety implications. Kids will be in this building and he could not sleep if 15-20 years from now a child perished due to a fire in this building. He was elected to vote for what he feels is best for the community, and there is no way in good conscience that he could approve this variance and go against the recommendation of the experts in this matter.

Mr. Moore commented that he thought that this Ordinance was a good idea at the time and has not heard anything tonight that would qualify this facility for a variance.

Mr. Gabbard added that while we have the best Fire Department in the County and probably the State, this is a prime example for a variance.

Mr. Sanker added that the appeal process in this Ordinance is for a good reason and regardless of what is decided tonight there are still potential appeals down the road. Council should vote their conscience.

Mr. Moore directed a question to Mr. Gabbard and asked for his opinion on what type of buildings should be required to have a sprinkler system if not this facility since it will be occupied by children.

Mr. Gabbard answered the question by stating that restaurants, warehouses, high occupancy buildings and facilities with a fire load should require sprinklers. This facility however will be largely vacant.

Mr. DeLuca added that when this Ordinance was first considered he was set against it, and the variance process was the compromise that enabled him to support this Ordinance. However, this is not the type of structure that this process was designed for. This variance was primarily included to allow for low traffic, non hazardous storage facilities, such as small warehouses. Mr. DeLuca commended the church for their involvement in the community and what they have accomplished in their area, but this is not the type of facility for which this variance process was intended. The facility in question will primarily be used by families and safety is the primary concern; no one cares about the widgets or ball bearings stored in warehouses.

Mr. Mumper added that this issue is all about safety and there is no animosity in this decision. Mr. Mumper questioned how we can put a price on the safety of lives.

Mr. Moore directed a follow up question to Mr. Gabbard. Mr. Moore cited Mr. Gabbard’s response to his previous question where restaurants should have a sprinkler. However, included in the packet is a drawing with 32 banquet tables and the facility will include a kitchen. So where do you draw the line, 10 food service events per year, 20 events per year? Mr. Gabbard responded that that the difference is that a restaurant is set up for food service consistently. Mr. Gabbard cited that Mr. DeLuca mentioned that a variance should go to the warehouse storing widgets, but Mr. Gabbard guaranteed that the Fire Department would not approve a variance for even this purpose.

On a motion by Mr. Gabbard, seconded by Mr. DeLuca, it was moved to pass the Ordinance. The following members voted YES: Mr. Gabbard. The following members voted NO: Mr. Sanker, Mr. Tracey, Mr. Moore, Mr. Fulmer, Mr. Geers, Mr. Mumper, Mrs. Brown, and Mr. DeLuca. The motion failed 1-8.

B) RESOLUTION DENYING A VARIANCE TO NEW BETHEL BAPTIST CHURCH IN REGARD TO THE REQUIREMENT TO INSTALL A SPRINKLER SYSTEM, PURSUANT TO ORDINANCE 54-2002 AND NORWOOD CODIFIED ORDINANCES CHAPTER 1511, AND DECLARING AN EMERGENCY.

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

Mr. Fulmer noted that New Bethel Baptist Church is an asset to the community, and agreed with Mr. Mumper that this is simply a safety issue.

On a motion by Mr. Fulmer, seconded by Mr. Tracey, it was moved to pass the Ordinance. The following members voted YES: Mr. Sanker, Mr. Tracey, Mr. Moore, Mr. Fulmer, Mr. Geers, Mr. Mumper, Mrs. Brown, and Mr. DeLuca. The following members voted NO: Mr. Gabbard. The motion passed 8-1.

H) Requests to address council on agenda items

I) Reports of Standing committees of council

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

Mr. DeLuca reported that this basically describes the modification to the sign at Cornerstone which modifies the design to allow the signage to be placed higher and be taller than any surrounding landscaping.

Mr. DeLuca also shared the final design of the water feature with Council. This will be a nice natural structure; the Committee and the architects have paid great attention to detail. The water feature should be operational by early fall.

Mr. Gabbard asked Mr. DeLuca how big this water feature is and if this water feature is being designed with the winter months in mind. Mr. DeLuca responded that the complete structure is 140 feet long and 22 feet high. The feature is being designed with landscaping allowing for a much more natural look when the water is turned off for the winter months. This will be much more than a marble monument typical in some office parks.

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

2. Community Development and Small Business RE: Globe Wernicke/Linden Point on the Lateral.

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

3. Community Development and Small Business RE: American Laundry Redevelopment Phase II.

Mr. Fulmer mentioned that this 2^nd Phase is a three story office building built in the same style as the original American Laundry Building. Mr. Fulmer added that this will be primarily office space and construction should start next year.

Mr. DeLuca added that this is a change as the original PUD included retail. Building this new building in the same style as the existing structure is a great achievement. One suggestion from the Committee is to somehow keep the existing smokestack similar to the LeBlond feature at Rookwood. The developer will take this under advisement but has made no promises as of yet.

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

4. Committee of the Whole RE: Sprinkler Ordinance Variance.

As amended, this item was considered previously.

5. Committee of the Whole RE: Time Change for Garbage Setout.

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

6. Committee of the Whole RE: Financial Recovery Plan.

Mr. Moore mentioned that the Committee of the Whole spent a great deal of time on this, and the Director of Public Safety-Service has pulled together a draft. Mr. Moore asked Council to get ideas to the Clerk of Council’s office by the end of the week. The idea is to brainstorm and consider all ideas even if previously considered and regardless of feasibility. The State Auditor can then provide numbers for some of these possibilities.

Mr. Sanker agreed and added that during this process the Committee will go down the list and decide which options should be pursued on an item by item basis.

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

J) Introductory reading of ORDINANCES

A) ORDINANCE AMENDING SECTION 527.03 “WASTE DISPOSAL” OF THE CITY OF NORWOOD CODIFIED ORDINANCES AS WELL AS ORDINANCE 91-2002, AND DECLARING AND EMERGENCY.

Mr. Tracey mentioned that this Ordinance modifies the setout time to 5:00pm consistent throughout the year. Importantly, this allows the small business owners who normally close for the day at 5:00pm to setout garbage as they leave.

On a motion by Mr. Mumper, 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.

K) INTRODUCTORY READING OF RESOLUTIONS

A) RESOLUTION GRANTING A VARIANCE TO NEW BETHEL BAPTIST CHURCH IN REGARD TO THE REQUIREMENT TO INSTALL A SPRINKLER SYSTEM, PURSUANT TO ORDINANCE 54-2002 AND NORWOOD CODIFIED ORDINANCES CHAPTER 1511, AND DECLARING AN EMERGENCY.

As amended this item was considered previously.

B) RESOLUTION DENYING A VARIANCE TO NEW BETHEL BAPTIST CHURCH IN REGARD TO THE REQUIREMENT TO INSTALL A SPRINKLER SYSTEM, PURSUANT TO ORDINANCE 54-2002 AND NORWOOD CODIFIED ORDINANCES CHAPTER 1511, AND DECLARING AN EMERGENCY.

As amended this item was considered previously.

L) ADMINISTRATION REPORTS

Mayor Williams was present and mentioned that he attended the Norwood Knights of Columbus Blue Coat Awards on June 12^th where Firefighter Adam Parks and Police Officer Jim Hicks were honored. It was a very well organized event and he appreciates the invitation.

Mayor Williams also announced the Rolling Thunder Ride remembering POW/MIA is scheduled for June 18^th, beginning at 12:30pm at the Harley Davidson location and ending at Victory Park at 1:00pm.

The Mayor also noted his disappointment regarding the turnout at the Victory Park Veterans Service on Memorial Day. Mayor Williams encouraged residents to consider attending these events in the future; this is a great way to locally remember those that gave the ultimate sacrifice.

Mayor Williams commented on Ms. Barb Henderson’s recent retirement. Her dedication and dependability will be greatly missed.

Upcoming on the agenda is a letter from the Law Department regarding Group Homes. This is a touchy situation, nearly no one is against the goal of the group homes but everyone wants to protect the sanctity and safety of the surrounding neighborhood. If there are questions or concerns, please contact the Health Department and/or Building Department.

When opened for questions Mr. DeLuca asked about orange markings in the street throughout the City. Mayor Williams answered that these markings represent gas lines; service lines are actually being replaced from the street to the house. This work began a few months ago in other parts of the City and CG&E seems to be doing a good job in leaving the streets and curbs in the same or better condition than when they started.

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

N) UNFINISHED BUSINESS

Mr. Fulmer announced that the 4^th of July Fireworks are again planned at Shea Stadium beginning at 9:30 pm.

Mrs. Brown added that the Fireworks Committee is securing entertainment for the evening. Mrs. Brown reminded residents that the Fireworks are funded completely by private donations. Donations can be made by contacting Donna Burgess at 731-4287.

Ms. Grote also noted that this year there is a contest to “push the button” to start the Fireworks open to local students.

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

Mrs. Brown reminded residents that the Hamilton County Auditor’s Office is holding a series of neighborhood meetings giving residents the opportunity to provide evidence questioning the revaluation of homes. These County meetings will be held at the Cintas Center on June 14^th, 15^th, and 16^th from noon to 8:00pm.

Mr. Geers announced that the Communities of Choice program will be conducting an informational meeting Wednesday July 15^th at the Community Center. All are welcome.

Mr. Moore added that the Task Force has conducted walking tours and he is excited to hear the recommendations and the projects the Task Force will engage in as part of this program.

Mr. Fulmer thanked Ms. Jenny Wallace, the Director of Public Safety-Service, and Public Works for getting the pools ready for their scheduled opening on time.

Mr. DeLuca asked that a letter be sent to the Law Department requesting a Resolution be drafted honoring Ms. Barb Henderson for her service to the City.

Mr. DeLuca also mentioned that he continues to receive questions regarding Economic Development in the areas of Crosley, Ross, and Warren Avenues. Mr. DeLuca assured residents that there are no plans that have been submitted to the Planning Commission or Community Development Committee and that any rumors stem from private speculators.

Mr. Gabbard announced that the Norwood Soccer Association sent several teams to the spring tournament. Two Norwood teams placed second and two placed first, including “Gabby’s Little Stingrays”.

Mr. DeLuca mentioned that he and Mr. Moore will produce another episode of their Live Call-In show this Sunday from 8-9pm.

O) NEW BUSINESS

Mr. Mumper announced a special meeting of Council’s Committee of the Whole is scheduled for Tuesday June 21. The topic on the agenda is the City’s Financial Recovery Plan and garbage setout location.

Mrs. Brown mentioned that the Tree Board is in search of volunteers to fill two vacancies and another two terms expire in December. Volunteers can contact the Mayor’s Office or the Health Department.

Mrs. Brown also mentioned that she attended a recent seminar sponsored by the Board of Realtors. Mrs. Brown encouraged all prospective buyers to insure that any rental property has a valid rental certificate. There were cases where several buildings have been on the market without the required rental certificate.

Mr. Moore added that Norwood has been very aggressive in enforcing the building codes and requirement for valid rental certificates. The City needs to continue to explain the incentive for realtors to find out about local codes.

Mr. DeLuca added that this really comes down to Realtors not taking the time to educate themselves on the local codes or to follow through with the codes to complete the Real Estate transaction.

Mr. Sanker asked that a letter be sent to the Law Department requesting the Department to investigate the issue of private property owners removing debris and snow on to the public right of way for City removal and the feasibility of enforcing such a restriction.

Mrs. Brown announced the Relay for Life will be held from 6:00pm on June 24^th until noon on June 25^th at Shea Stadium. Contact Jamie Webb at 587-2109 with questions.

P) COMMUNICATIONS:

1. Letter from Mayor Thomas F. Williams RE: Zoning Update Task Force.

As amended, this item was considered previously.

1. Letter from Law Director Rick Gibson RE: Group Homes and Inspections.

Mr. Moore mentioned that this item is already in the Law and Ordinance Committee and a meeting will be scheduled soon.

Mr. Sanker suggested approaching the issues regarding the regulation of group homes by considering density whether that be per block or per mile.

Mr. DeLuca added that many residents are concerned with the condition of the residents of these homes. In particular, there is a teenager living in a group home in his area that is obviously mentally instable. Neighbors are concerned with letting their children out in the neighborhood.

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

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

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

3. Letter from Jerry Owens RE: Rolling Thunder 7^th annual POW/MIA Ride.

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.

4. Letter from Building Commissioner Dan Bly RE: Liquor License for Norwood Marathon.

On a motion by Mr. Moore, seconded by Mr. Fulmer, it was moved that the letter be received and filed and to file an objection to the transfer of the liquor license. The following members voted YES: Mr. Gabbard, Mr. Sanker, Mr. Tracey, Mr. Moore, Mr. Fulmer, Mr. Geers, Mr. Mumper, and Mrs. Brown. The following members abstained: Mr. DeLuca.

P-9) Letter from Bureau of Fire Safety, Paul McMullen RE: Liquor License Transfer.

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

5. Letter from City Auditor Donnie Jones RE: City’s Financial Position.

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.

6. Letter from City Auditor Donnie Jones RE: Auditor’s Report (month ending May 31, 2005).

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

7. Letter from Bureau of Fire Safety, Paul McMullen RE: Sprinkler System (New Bethel Fellowship Hall).

As amended, this item was removed from the agenda as members from the Fire Department were present to address Sprinkler Variance (New Bethel Baptist Fellowship Hall) during the hearing on same matter.

8. Letter from Bureau of Fire Safety, Paul McMullen RE: Liquor License Transfer.

As amended, this item was considered previously.

9. Letter from Mayor Thomas F. Williams RE: Letter from Stephen R. Holter, Cincinnati Bell Telephone.

Mr. Fulmer also expressed his appreciation for the job Mr. Reeves has done in getting this building in shape for these employees.

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

Q) EXCUSE ABSENT MEMBERS

All members present.

R) ADJOURNMENT

On a motion by Mr. Tracey, 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