Norwood City Council

Council Chambers

June 28, 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, and Mrs. Brown.

 

E)   AMENDMENT OF AGENDA:

On a motion by Mr. Fulmer, seconded by Mr. Mumper, it was moved to amend the agenda by moving Resolution J-A) to the first matter of business, by moving O-1) to immediately following the Public Hearing, followed by J-B), by removing Committee Report H-5), adding Ordinances A) and B), and by adding Communications O-3) and O-4).  All members present voted YES.

 

As amended, Council then considered Resolution J-A).

A)    RESOLUTION HONORING BARB HENDERSON FOR A CAREER OF DEDICATED SERVICE TO THE CITY OF NORWOOD.

 

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

 

Mr. Fulmer added his thanks for a very successful career and wished Ms. Henderson the best.

 

Mr. DeLuca added his thanks as well and asked Mr. Molony if he cared to add anything.  Mr. Molony again thanked Ms. Henderson for her dedication and for her hard work.  Mr. Molony commented that no one works as hard or cares as much as Ms. Henderson.

 

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

 

F)   Public Hearing:  2006 Tax budget.

 

Ms. Grote explained the format for a Public Hearing and that any resident can speak for up to five minutes either for or against the issue.  When called to speak, Mr. Mike Clemons was the only resident to speak.  Mr. Clemons simply asked where a copy of the budget might be found.  Ms. Grote responded that copies have been available at several locations including the Auditor’s Office or the Clerk of Council’s Office.  The Public Hearing then closed with no further speakers either for or against the Tax Budget.

 

As amended Council then considered the following, 

1.      Letter from Donnie Jones, City Auditor RE: 2006 Tax Budget.

 

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.

 

A)    RESOLUTION ADOPTING 2006 TAX BUDGET.

 

Mr. Moore explained that this Tax Budget needs to be filed with the County and is essentially a report out to the County on taxes collected and spent. 

 

On a motion by Mr. Fulmer, seconded by Mrs. Brown, 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. Fulmer, it was moved to pass the Ordinance.  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: Design Review (Rookwood Commons/New York and Company).

 

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

 

2.      Law and Ordinance RE: Group Homes.

 

Mr. Moore explained that Chapter 1705, Boarding Homes, provide regulatory scheme for those providing care for two or more aged or physically disabled individuals and provides for a reporting and inspection process.  Licenses are required for those providing care.  The thought is to provide that same scheme to these Group Homes.

 

Mr. DeLuca asked Mr. Moore if it was possible to consider an Ordinance with more bite.  Mr. DeLuca expressed his concern that some residents of these Group Homes could harm themselves or others and asked if anything could be done to further regulate the location of these homes.  Mr. Moore replied that the first step in that process is to inventory these homes and determine where these issues exist; there are some additional provisions for homes catering to developmentally disabled residents but the first step is to inventory/survey.

 

Mrs. Brown suggested perhaps seeking input from the Health Department since they will have the responsibility to enforce this process.

 

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

 

3.      Law and Ordinance RE: Group Homes (over concentration).

 

Mr. Moore mentioned the draft Ordinance later in the agenda addresses the issue of over concentration and limiting this concentration. 

 

Mr. DeLuca asked if the existing Group Homes would be “grandfathered in”.  Mr. Moore confirmed that is the case.

 

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

 

4.      Law and Ordinance RE: Xavier Houses.

 

Mr. Fulmer asked if the existing Ordinance has the maximum occupancy at four.  Mr. Moore confirmed; this item deals with the idea of increasing that to five with additional restrictions imposed by the Building Department.  This would apply to all rental property and not specifically rental to Xavier students. 

 

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

 

I)      Introductory reading of ORDINANCES

A)    ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ADVERTISE FOR BIDS AND ENTER INTO CONTRACTS WITH THE LOWEST AND BEST BIDDER(S) FOR THE “SHERMAN AVENUE, SMITH ROAD, PARK AVENUE, AND BEECH STREET IMPROVEMENTS PROJECT – 2005”, AND DECLARING AN EMERGENCY.

 

Mrs. Brown asked the Director of Public Safety-Service to explain how this would work with the grant that we have received.

 

Mr. Geers responded that $500,000 has been allocated in Community Development Block Grants for 2005 and $75,000 from the Municipal Road Tax Fund.  The estimate received is for $450,000 at no cost to the City.  Council has already approved the engineering cost of $18,500 and the engineering is complete.  If the bids come in too high the City will simply not enter into contract.  This project includes resurfacing, base repair, curbs and sidewalk work for Sherman Road from Station to Montgomery, and from Montgomery to Smith, Beech St. from Robertson Ave. to Park Ave., and Park from Beech to Forest.

 

Mr. DeLuca asked if this also includes streetscaping.  Mr. Geers responded that trees are planned for the North Side of Sherman from Smith to Montgomery Rd.

 

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

 

On a motion by Mr. DeLuca, seconded by Mr. Tracey, 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 A “NO SMOKE” DIESEL FILTRATION SYSTEM FOR USE IN THE CITY OF NORWOOD FIRE DEPARTMENT, AND DECLARING AN EMERGENCY.

 

Mrs. Brown asked the Mayor or the Director of Public Safety-Service to the podium to answer whether or not the $13,840 could be taken from the EMS Fund.  Mr. Geers answered that regarding the $13,840 a letter was sent to the Auditor and that was all approved.  The FEMA grant is for approximately $130,000.  Currently the Fire Department has no exhaust system, these are mufflers put on the equipment that simply re-circulates the fumes until the equipment is out of the fire house.  Mayor Williams added that this is certainly a needed asset and has been previously committed.

 

Mrs. Brown asked if EMS Funds are available to cover the $13,840.  The Mayor responded that this will be explored; we can advertise for bids but a contract won’t be signed until funds are approved.

 

Mr. Fulmer mentioned that this has been a problem for years and this has mentioned in the Department Report.  Mr. Geers confirmed that this has been a problem and added that this approximately $150,000 exhaust system can be acquired for $13,840.

 

Mrs. Brown asked if these funds are available for anything else.  Mr. Geers responded that the grant was written specifically for this exhaust system.

 

Mrs. Brown commented that it would have been preferred to have this Ordinance in advance of the meeting.  Mr. Geers responded that there is not a rush to get this done, but the City does need to show action to FEMA.  These funds must be spent in 2005 or the funds are lost.

 

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. Tracey, it was moved to pass the Ordinance.  All members present voted YES.

 

J)    INTRODUCTORY READING OF RESOLUTIONS

A)    RESOLUTION HONORING BARB HENDERSON FOR A CAREER OF DEDICATED SERVICE TO THE CITY OF NORWOOD.

 

As amended this item was considered previously.

 

B)     RESOLUTION ADOPTING 2006 TAX BUDGET.

 

As amended this item was considered previously.

 

K)  ADMINISTRATION REPORTS

Mayor Williams was present and mentioned the letter that appears later on the agenda from the Health Department regarding acknowledgement of the Norwood Health Department in several publications.  This is a great achievement for the City; these reports are available at the Health Department if anyone would like to read these accolades.

 

The Mayor also mentioned that President Bush will address the Nation tonight on waning public support for the war in Iraq.  Mayor Williams mentioned that he attended several memorial services and has also noticed that some have become less enthused and encouraged the community to stay behind our service men and women.  This community has several residents currently in the military including Brian Mastin, Jerry Roettgers, Chris Collins, and Jerry Hof’s son.  If residents know of anyone who will be home on leave from the military and would like to walk in the parade or if a parent or family member would like to represent their family member and community in the parade to contact his office at 458-4501.

 

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

 

Ms. Margaret Wehmeyer addressed Council regarding the City’s Financial Recovery Plan and encouraged the pursuit of additional income from other sources.

 

M)UNFINISHED BUSINESS  

 

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

 

Mr. Fulmer mentioned the 4th of July fireworks will begin at approximately 10:00pm.  Please come by and celebrate the great country we live in.

 

Mr. Geers mentioned that he and the West Norwood Neighborhood Association would like to remind residents that the private use of fireworks is unsafe, illegal, and fineable by up to $1000 and up to 6 months in jail.

 

Mr. Mumper announced a Committee of the Whole meeting is scheduled for next Tuesday at 7:30pm in Council Chambers.  On the agenda is to continue to refine the list of potential items for the Financial Recovery Plan and format in a manner approved by the State.

 

Mr. Moore added that the items on the list are the same things that have been previously talked and none alone solve the financial concerns.  The Committee would like to hear more from the community on priorities whether that be the Fire Department, Police Department, Recreation, Streets, Parks, Health Department, etc.

 

Mr. Fulmer mentioned that he held his Ward 2 meeting last Saturday.  Topics included the enforcement of garbage setout, speeding, business truck parking on residential streets, street repair, and property tax concerns.

 

Mrs. Brown reminded residents of her cable show, “Perspectives” that airs on Tuesdays, Thursdays, Saturdays, and Sundays on NCT channel 4.

 

Mr. DeLuca mentioned that he attended the Citizens Car Show this past weekend.  This was a nicely attended event and a nice event for the City.

 

N)  NEW BUSINESS

 

Mr. Fulmer asked that a letter be sent to the Board of Zoning Appeals asking them to consider revoking the permit at Jerry’s Auto Sales on Slane Ave. and Montgomery Rd. as they have not lived up to the conditional agreement that was originally put in place.

 

Mr. DeLuca asked the Mayor for his insight on what might be going on at that location.  Mayor Williams responded that there has been a team inspection, several violations were documented, and cars have been towed off the premises.  The Administration will submit a request to the Board of Zoning Appeals.  The problems at this local business will come to an end one way or another.

 

Mr. Fulmer thanked the Mayor and Administration for staying on top of this constant problem that if continued will take away from the residential aspects of this area.

 

Mr. DeLuca asked the Mayor for an update on the Status of the Family Dollar’s proposed location at the former M.A.B. Paints Location.  Mayor Williams responded that Mr. Kiser presented the City’s case to Judge West and the City is awaiting the results.

 

Mr. Geers mentioned that residents have been complaining about trash in the parks over the weekends.  Mr. Geers asked a question of the Mayor regarding those responsible for trash pickup over the weekend whether it be Public Works, Recreation, or must garbage simply wait until Monday pickup?  Mayor Williams called the Director of Public Safety-Service to the podium who explained that Rumpke picks up from the parks Monday through Friday.  During the busy months Public Works personnel have been working up to four hours over the weekend to attend to parks on either Saturday or Sunday depending on the weekend schedule.

 

Mrs. Brown asked that a City of Norwood Seal Trash Can be repaired or removed from Williams and Montgomery.  Mr. Geers responded that Mr. Dettmer has just ordered new cans through the Streetscape Grant and old cans in disrepair will be replaced.

 

Mr. Moore asked that the speed wagon be placed on the 1900 Block of Elm Avenue.

 

Mr. DeLuca mentioned that during the last “Out of Order” show a resident called in regarding a home on Ashland and Smith that is overgrown with plants, weeds, and high grass.  Apparently this homeowner plants beautiful plants but does not maintain them properly.  Mr. DeLuca reminded residents that the Tree Board will consult with residents on such projects.  The Tree Board will be hosting a seminar in July at the Community Center.

 

Mr. Geers mentioned a large truck consistently parked overnight near Allison and Wanda.  Mayor Williams responded that it would be addressed.

 

O)  COMMUNICATIONS: 

1.      Letter from Donnie Jones, City Auditor RE: 2006 Tax Budget.

 

As amended, this item was considered previously.

 

1.      Letter from Chief Goodman RE: EMS Grant.

 

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.

 

2.      Letter from Mrs. Donna Laake, Health Commissioner RE:  Health Department in Recent Publications.

 

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

 

3.      Letter from Mr. Ted Kiser, Assistant Law Director RE: Group Homes Ordinance Draft.

 

On a motion by Mr. Tracey, seconded by Mr. Mumper, it was moved that the letter be received and filed and that this item be placed in the Law and Ordinance Committee.  All members present voted YES.

 

P)   EXCUSE ABSENT MEMBERS

All members present.

 

Q)  ADJOURNMENT

On a motion by Mr. Geers, 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