Norwood City
Council
Council
Chambers
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:
F) Requests to address council on agenda items
G) Reports of Standing committees of council
1. Law and Ordinance Committee RE: Group Homes Ordinance.
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 Committee RE: Boarding/Group Homes Draft Ord. changes.
Mr. Moore mentioned that he had a Monday evening meeting with Mrs. Laake and Mr. Bly. Mrs. Laake in particular is not comfortable moving forward with regulation without the information on registered homes.
On a motion by Mrs. Brown, seconded by Mr. Mumper, it was moved to accept the report. All members present voted YES.
3. Community Development and Small Business RE: Rookwood Commons Design Review/Paving and Signage.
On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to accept the report. All members present voted YES.
4. Community Development and Small Business RE: Cornerstone at Norwood Design Review.
Mrs. Brown directed a question to Mr. Fulmer and asked if one of the submissions was regarding the sign on the waterfall. Mr. Fulmer confirmed and said they are looking into making the sign more noticeable against the backdrop of the water feature.
On a motion by Mr. Geers, seconded by Mr. Mumper, it was moved to accept the report. All members present voted YES.
5. Finance and Claims Committee RE: 2005 Appropriations.
The Chair noted that Mr. DeLuca is now present in
Council Chambers.
Mr. Sanker explained that the original appropriations included 17 pay periods. This adds additional pay periods due to an increase in earnings tax and should take us through the end of October.
Mr. Moore added that the Police Department, Public Works, and the Tax Department are currently understaffed and that also helps extend the appropriations. The Pension Fund however is still owed nearly $2 Million and counting. We are still awaiting an official response from the Ohio Pension Board for a payment plan.
On a motion by Mr. Fulmer, seconded by Mr. Mumper, it was moved to accept the report. All members present voted YES.
H) Second reading of ORDINANCE
Margaret
Wehmeyer addressed Council on the Ordinance amending Chapter 163 and asked what
if anything the City is planning that these updates are required.
A) ORDINANCE AMENDING AND UPDATING CHAPTER 163 OF THE CODIFIED ORDINANCES OF THE CITY OF NORWOOD DEALING WITH URBAN RENEWAL.
Mr. DeLuca asked Mr. Gibson to the podium and asked how often the Emergency Clause is included on Ordinances. Mr. Gibson responded that it is common. This particular Ordinance has been discussed previously and this Ordinance replaces archaic, outdated language that is in the 30 year old Ordinance. This does not make it easier to apply Eminent Domain.
Mr. Gabbard mentioned that he still has many questions on this matter and while this is better than the current code, this is not specific enough. None of our homes are safe. When Mr. Moore asked what the wording should be, Mr. Gabbard responded that this still paints with too broad a brush.
Mr. Fulmer explained that the reason for this Ordinance is to update and modernize the existing 40 year old Chapter 163. Eminent Domain is not easier; the process still needs to be followed via the Planning Commission and Council. This Ordinance needs to be passed.
Mr. Moore said that while he understands the concerns, this has been in front of Council for 10 months and there have been minimal suggestions that have not been included in this Ordinance. This does not make Eminent Domain easier; this Ordinance is in regard to Urban Development not Eminent Domain. The question is, are you comfortable with the current code?
Mr. Gabbard added that the current code certainly needs to be updated but this doesn’t go far enough and there has not been an opportunity for Council and citizens to discuss.
Mr. DeLuca clarified that there was a three hour meeting in April for the public and Council. Lots of suggestions were made at this meeting and went into this modified Ordinance.
Mr. Gabbard stated that he had submitted input, but this does not go far enough and he will be voting NO.
Mrs. Brown said that she had provided input as well, but she stated that this Ordinance is much better than the original and much better than the existing Chapter 163.
Mr. Moore stated that if this is passed, an amendment can be offered at any time to further tighten the language.
Mr. Fulmer added that the only way older, landlocked cities can survive is through urban renewal.
Mr. Moore thanked all those for providing input.
On a motion by Mr. Fulmer, seconded by Mr. DeLuca, it was moved to suspend the rules and hear the second and third readings of the Ordinance. Mr. Gabbard voted NO, all other members present voted YES.
On a motion by Mr. Fulmer, seconded by Mr. Mumper, it was moved to pass the Ordinance. Mr. Gabbard voted NO, all other members present voted YES.
I) INTRODUCTORY readingS of ORDINANCES
A) ORDINANCE LIMITING THE EXCESSIVE CONCENTRATION OF ADULT FAMILY HOMES AND ADULT GROUP HOMES, PURSUANT TO OHIO REVISED CODE CHAPTER 3722, AND DECLARING AND EMERGENCY.
Mr. Moore mentioned that this Ordinance limits the total number of Group Homes to six. There is little to no provision in the Ohio Revised Code for regulating these homes other than to limit the concentration.
Mr. Geers asked if the existing homes are grandfathered in. Mr. Moore confirmed.
Mrs. Brown added that there are currently more than six, but this prevents any additional group homes from becoming established in the City while the number of group homes remains above six.
On a motion by Mr. Moore, seconded by Mr. Fulmer, it was moved to suspend the rules and hear all three readings of the Ordinance. All members present voted YES.
On a motion by Mr. Fulmer, seconded by Mr. DeLuca, 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.
On a motion by Mr. Fulmer, seconded by Mr. Mumper, it was moved to suspend the rules and hear all three readings of the Ordinance. 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.
C) ORDINANCE ESTABLISHING A PART-TIME HOURLY TAX CLERK POSITION WITHOUT BENEFITS FOR THE REMAINDER OF CALENDAR YEAR 2005 AND ALL OF CALENDAR YEAR 2006, AND DECLARING AN EMERGENCY.
Mrs. Brown asked for clarification on the need for this position through 2006.
Mr. Mumper responded that the department is currently backlogged and there will be significant catch up if earnings tax continues to rise as we all hope.
Mr. DeLuca added that there is a significant need through at least tax season.
Mrs. Brown asked if the position will be eliminated if the position is filled. Mr. Moore responded that the position would have to be removed, but effectively the Tax Department has a budget key that would limit the ability to staff this position any significant amount of time.
Mr. Gabbard agreed that taking this through tax season is fine and that if additional time is needed it can be requested at that time.
Mr. DeLuca mentioned that this alone would help significantly and he can support this.
On a motion by Mr. Fulmer, seconded by Mr. Mumper, it was moved to suspend the rules and hear all three readings of the Ordinance.
On a motion by Mr. Gabbard, seconded by Mrs. Brown, it was moved to amend the Ordinance by providing this clerk position through April 30th 2006. All members present voted YES.
On a motion by Mr. DeLuca, seconded by Mr. Mumper, it was moved to suspend the rules and hear all three readings of the Ordinance, as amended.
On a motion by Mr. Tracey, seconded by Mr. Mumper, it was moved to pass the Ordinance, as amended. All members present voted YES.
J) INTRODUCTORY READING OF RESOLUTIONS
A) RESOLUTION AUTHORIZING THE MAYOR OR SERVICE-SAFETY DIRECTOR TO MAKE APPLICATION FOR FISCAL YEAR 2006 STATE CAPITAL IMPROVEMENT PROGRAM FUNDS AND IF FUNDS ARE AWARDED TO EXECUTE GRANT AGREEMENTS ON BEHALF ON THE CITY.
Mr. Moore asked The Director of Public Service-Safety to the podium and asked Mr. Geers what projects were planned. Mr. Geers responded that the Elm Avenue Sewer project and Williams/Regent Storm Sewer are to be included and we’d need to apply for grants by this Friday.
Mr. Moore recalled that we lost the last attempt on the Elm Avenue Sewer project due to an inability to match and asked if we are now taking a new approach. Mr. Geers confirmed that during the engineering phase they identified a new approach to fixing the issue that will cost on the order of $750,000 as opposed to the original approach of $2.8 Million. The City would be responsible for a 20% match.
Mr. Geers also mentioned that the engineering is complete on this effort and that the match would come from permissive tax and Community Block Grants.
Mrs. Brown asked what the different approach was and why the significant decrease in estimates. Mr. Geers answered that this is the same Engineering firm used years ago and their approach is to work around the detention basin by rerouting water.
Mr. Moore thanked the Director of Public Service-Safety for his continual effort in finding ways to get this project completed on the City’s budget.
On a motion by Mr. Moore, seconded by Mr. DeLuca, it was moved to suspend the rules and hear all three readings of the Resolution. All members present voted YES.
On a motion by Mr. Mumper, seconded by Mr. Tracey, it was moved to pass the Resolution. All members present voted YES.
B) RESOLUTION FOR ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS).
Mr. Gabbard asked Health Commissioner, Mrs. Laake to the podium for her insight on this Ordinance. Mrs. Laake mentioned that this is part of a Presidential Directive in 2003 requiring Federal, State, and Local governments to enact several components of NIMS. There are five components of NIMS that must be adopted in 2005 in order to retain federal funding including completion of NIMS training, formally adopting NIMS, establish a City wide NIMS self assessment baseline, developing an implementation strategy, and to utilize the Incident Management System. The Police Department, Fire Department, Recreation, and others have attended training. Additional training sessions will be offered and Council members are welcome to attend.
Mrs. Brown asked if the automated communication system called Communicator is available for Norwood use. Mrs. Laake answered that it is a Cincinnati system but Mrs. Laake is included on their notification lists.
Mr. Gabbard asked if there are any programs available for citizens. Mrs. Laake answered that CERT is a certification program for citizens and there is also an Ohio Citizens Core, those qualified citizens are then certified and on call for emergency incidents. Residents can find information on serveohio.org.
Mr. Fulmer mentioned that this is a good idea; we are much better prepared for local disasters and working with other nearby agencies. The problem with this program as with other federal mandates are the lack of funding once these trickle down to the local municipalities.
On a motion by Mr. DeLuca, seconded by Mr. Tracey, it was moved to suspend the rules and hear all three readings of the Resolution. 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.
C) RESOLUTION DECLARING IT TO BE THE DESIRE OF COUNCIL THAT HALLOWEEN TRICK-OR-TREAT BE CELEBRATED BETWEEN THE HOURS OF 6:00PM AND 8:00PM ON MONDAY, OCTOBER 31, 2005.
On a motion by Mr. Fulmer, seconded by Mr. DeLuca, it was moved to suspend the rules and hear the first reading of the Resolution in its entirety. All members present voted YES.
D) RESOLUTION REQUESTING THAT THE OHIO LEGISLATURE CONSIDER CRIMINAL PENALTIES FOR SEX OFFENDERS WHO VIOLATE THE RESIDENCY PROVISIONS OF THE OHIO REVISED CODE AS WELL AS REQUESTING THAT THE OHIO LEGISLATURE CONSIDER PROHIBITING SEX OFFENDERS FROM LIVING IN PROXIMITY OF PARKS, RECREATIONAL AREAS, DAY CARE FACILITIES, AND MALLS, AND DECLARING AN EMERGENCY.
Mr. Fulmer asked Mr. Gibson, Law Director, to the podium to answer a few questions and recognized Mr. Gibson and the Law Department for putting together this Resolution. Mr. Gibson mentioned that there are two shortcomings to the current state code; the first is that it only provides for civil suits if an offender is found to be living within 1000 ft. from a school, and the second is that it only provides provisions for schools and not other areas that are popular gathering points of children. As an update Mr. Gibson mentioned that since the three suits were filed, two of these individuals have registered new addresses and the third has called and expressed plans to relocate. In the meantime an additional two sex offenders have moved into the City limits, one of which is in violation.
Mrs. Brown asked about the possibility that these two have simply registered new addresses and have not actually moved. Mr. Gibson responded that the intent is to take action with the Police Department if there is suspicion that they still reside in these locations.
Mr. Mumper encouraged residents to contact their State Representatives to also express their desire for tighter controls on sexual offenders.
On a motion by Mr. DeLuca, seconded by Mr. Mumper, it was moved to suspend the rules and hear all three readings of the Resolution, the first in its entirety. All members present voted YES.
On a motion by Mr. DeLuca, seconded by Mr. Mumper, it was moved to pass the Ordinance. All members present voted YES.
On a motion by Mr. DeLuca, seconded by Mr. Moore, it was moved to allow all Council members to sign the original Resolution. All members present voted YES.
K) ADMINISTRATION REPORTS
L) REQUEST TO ADDRESS COUNCIL RE: NON-AGENDA ITEMS:
M)UNFINISHED BUSINESS
Mr. DeLuca mentioned that the Cornerstone water feature has been turned on and adjustments continue to be made to the pump.
Mr. Mumper thanked Director of Public Service-Safety, Mr.
Geers and Superintendent of Public Works, Mr. White for correcting the water
problem near the corner of Quatman Ave. and
Mr. Sanker asked a question to Mr. Moore if Group Homes have been registering and if so how many. Mr. Moore answered that the Building Department is treating these as rental which means we are aware of their location as part of the rental certificate process. These homes must also pass Fire Department inspection to receive their grant money which also helps identify these locations. Our health department is particularly talented at digging in and finding this information, but we are still not collecting 100% of information needed from these homes.
Mr. DeLuca announced that Surrey Square has been sold to a New York based firm. We are not yet sure of their plans, but Mr. Dettmer will certainly be in contact with the owner shortly.
Mr. Moore asked the Director of Public Service-Safety to the podium and asked if the borrowed stripped-down medic unit is still in our possession and if not asked for the Department’s reaction to the viability of this equipment. Mr. Geers answered that the Medic Unit has been returned, this unit is promising and runs approximately half of the $250,000 of a full issue Medic Unit.
Mr. Sanker asked for the status of improving or eliminating the problem bus stops along Montgomery Rd. Mr. Geers answered that he has sent a list of these bus stops to Queen City Metro and we are awaiting a response.
Mr. Moore provided an update on the most recent Law and Ordinance Committee Meeting. The Committee met with Charles Tassel from the Cincinnati Apartment Owners Association, where they had a good discussion regarding the state of rental property in Norwood. The idea of a possible Ordinance requiring landlords to screen tenants for possible background issues also was suggested.
Mr. Mumper added that there is a new service that allows for these background checks at a very reasonable rate. This fee could even be managed through the tenant application process and associated application fee.
Mr. DeLuca mentioned that he had previously asked Council for recommendations on the landscaping along Shell Hill. He has received a few suggestions and those have been shared with the developer. We have until October 1st to provide suggestions and the Committee is still interested in any and all input. The developer will also maintain this landscaped area.
Mr. Fulmer recognized the developer for stepping in to maintain this property this is a win/win situation.
Mr. DeLuca provided an update on his request to cut back weeds along Highland Avenue. Due to Public Works staffing issues this has not yet been addressed but this will be addressed as soon as Public Works capacity is available.
N) NEW BUSINESS
Mr. Fulmer announced that the annual Halloween Celebration will be held October 22nd at Lindner Park beginning at 6:30pm. Call Norwood Recreation with questions at 531-9798.
Mr. Mumper encouraged residents of the 4th Ward to attend the Planning Commission Public Hearing regarding the final P.U.D. on the Globe site and preliminary P.U.D. for the IBEW development. This Public Hearing is scheduled for September 21st at 3:30pm.
Mr. Gabbard asked that a letter be sent to the Auditor’s office regarding a rumor of a possible tenant at Cornerstone who has possibly found a loophole and may not be paying Norwood’s Earnings Taxes.
Mr. Fulmer mentioned that Cornerstone Phase II is signing leases and this office space 70-80% leased and these tenants should be moving in beginning in December.
Mr. Mumper mentioned that the Zoning Update Task Force meeting has been changed from the first Tuesday in October to September 27th at 3:00pm in Conference Room B.
Mr. Geers announced the West Norwood Neighborhood Association’s CleanUp day is scheduled for October 8th from 9:00am – Noon starting at the Community Center.
Mr. Fulmer mentioned that Council received a letter from Bradley Evans, working towards his Eagle Scout rating, and has donated 100 hours of service on a project to construct a Cross Country Trail in Millcrest park measuring 1.5 miles. The Director of Public Service-Safety has given permission for this project and he appreciates the offer from Mr. Evans.
Mr. Gabbard asked the Director of Public Service-Safety several questions including overgrown trees and shrubs on Jefferson and Ashland, at Ivanhoe and Courtland, and a few blocks up on Ivanhoe. Mr. Geers responded that these locations will be looked into. Mr. Gabbard also asked about the status of the City streetsweeper. Mr. Geers responded that the streetsweeper has been out on many of the main roads and will continue to service both main roads and residential roads. Mr. Gabbard asked about parking on Drex near Carthage during school pickup and dropoff and asked about an electric generator constantly operating at the Church behind the Public Library. Mr. Geers responded that these issues will also be investigated.
Mr. Fulmer asked the Director of Public Service-Safety when it comes to shrubs, trees and related issues, is it more efficient to call the Health Department, Building Department, or Public Works directly or to bring it up on Council floor. Mr. Geers responded that these issues are generally split among Health Department or Public Works and that he is more than happy to field these items by calling his office rather than on Council floor.
Mrs. Brown asked Mr. Geers about the vacuum truck that runs all hours of the night at Surrey Square. Mr. Geers responded that a letter has been sent and he has not heard a response, this could be a result of the pending change in ownership. Mr. Geers will follow up with the current or new management company.
O) COMMUNICATIONS:
1. Letter from Donnie Jones, City Auditor RE: Auditor’s Report month ending August 31, 2005.
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.
1. Letter from the Mayor’s Office RE: Mayor’s Court Fines.
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.
1. Letter from Director Public Service-Safety Joseph C. Geers RE: EMS Rate Adjustments.
Mrs. Brown mentioned that this billing is what MediCount recommends based on other municipalities. This amount is generally collected from insurance and they do not balance bill any remaining amount to Norwood citizens.
On a motion by Mr. Tracey, seconded by Mr. Fulmer, it was moved that the letter be received and filed. All members present voted YES.
P) EXCUSE ABSENT MEMBERS
All members present.
Q) ADJOURNMENT
On a motion by Mr. Moore, 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