Norwood City Council

Council Chambers

September 27, 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, Mrs. Brown and Mr. DeLuca.

 

E)   AMENDMENT OF AGENDA:

On a motion by Mr. Mumper, seconded by Mr. Fulmer, it was moved to amend the agenda by adding Communication O-2.  All members present voted YES.

 

F)   Approve minutes from:     AUGUST 9, 2005 AND AUGUST 23, 2005

Mr. Fulmer suggested two corrections.

 

On a motion by Mr. DeLuca, seconded by Mrs. Brown, it was moved to approve the Minutes as if read.  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 Committee RE: Cornerstone at Norwood Multiple Design Review.

 

Mr. DeLuca explained the purpose and process of a design review.  The Redevelopment Agreement provides for changes as long as they meet the guidelines of the design review process.  Once submitted, the Building Department and Committee render their opinion via a Committee Report.

 

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

 

2.      Community Development and Small Business Committee RE: Cornerstone at Norwood Monument Phase II.

 

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

 

I)      Second reading of Resolutions:

 

A)    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.

 

Mr. Fulmer also mentioned that the Halloween in the Park Event will be held on October 22, beginning at 6:30pm, at Lindner Park.  Festivities include a costume contest and haunted trail.  Call the Norwood Recreation Department at 531-9798 with questions.

 

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

 

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

 

J)    INTRODUCTORY READING OF RESOLUTIONS

A)    RESOLUTION AUTHORIZING THE MAYOR OR SERVICE-SAFETY DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH A LABOR NEGOTIATIONS CONSULTANT.

 

Mrs. Brown asked a question about the details of this Resolution and if this Resolution was requested by Council.  Mr. Mumper answered that this was requested as a result of a discussion at the last Committee of the Whole Meeting.

 

Mrs. Brown asked for the rate, the firm, and the hours expected from this contract.  Mr. Mumper responded that as discussed at the last Committee of the Whole Meeting, this Resolution is for the purpose of expressing Council’s intent; a contract would certainly be required, the Resolution states the contract would run through this calendar year.

 

Mr. Sanker added that this type of work is hard to put a dollar figure to since it is unrealistic to estimate how a negotiation may progress.  Any negotiation could be handled swiftly or could drag on.  This contract will certainly not exceed $25,000 or it would require a bid and there is no intention of hitting this amount.

 

Mrs. Brown asked who is being considered and for their qualifications.  Mr. Sanker answered that he is not sure who has been contacted since this is the Administration’s decision, but that whatever firm is chosen would be specialized in this type of work with the appropriate education and certification.

 

Mr. Gabbard expressed concern over who is chosen and asked if the Law Department has had any input on this selection process.

 

Mr. Sanker responded that he is confident that the Administration has been in contact with the Law Department, in particular Mr. Kiser, on the consideration of potential firms.

 

Mr. Moore added that this is no different than hiring other experts.  There is no limit on bond research nor a named individual/firm in most cases.  These Resolutions are simply an acknowledgment of intent and is an ongoing contractual relationship when these experts are needed.  Mr. Moore added that these are all good questions but odd questions for Council to address when the Administration and Law Department are present in Council Chambers.

 

Mrs. Brown asked the Mayor and Law Director to the podium to address these questions.

 

Mayor Williams approached the podium and declared that there have been discussions with the Law Department and a particular Law Firm.  Nothing has been finalized and as has been expressed it will be impossible to determine the final details until we enter the process.  The Bargaining Units have access to attorneys with expertise in these areas and it’s only fair for the City to have access to similar resources.

 

Mrs. Brown asked the Law Director if he is familiar with the firms that have been mentioned as possibilities.  Mr. Gibson responded that the firm that the Mayor has mentioned is a well respected firm and that Mr. Kiser also has working knowledge of this firm.

 

Mr. Sanker asked if the firm that has been mentioned has been engaged on other matters in the previous 6 or 7 months and worked with both the Administration and the Law Department in these cases.  Mayor Williams and Mr. Gibson confirmed.

 

Mr. Fulmer mentioned that he agrees that this should be passed to hire someone that is qualified in these matters and asked the Mayor for his perspective.  The Mayor responded that problems have existed in the past and it only makes sense to have access to experts.  We have an obligation to what is right and fair and to represent the City’s best interests throughout.  Bargaining Units have access to district and regional resources and they are looking out for the best for their members and it’s the Administration’s job to do what is best for the City as a whole.  Let’s keep everything above board and do this without the conflict and issues that were present two years ago.

 

Mr. Fulmer asked if these contracts need to be settled prior to the 1st of the year to avoid what happened two years ago.  Mayor Williams responded that would be ideal.  There are pitfalls, timelines, and timeframes that must be adhered to.  The plan is to bring in an expert and avoid future issues, to get prepared and move forward in a proper fashion.

 

Mr. Gibson added that he still believes that the SERB decision that has been alluded to in this discussion is incorrect, but it was in the best interest to move forward rather than to continue to fight.  As large a percentage of the City budget that these contracts represent, we need to do what we can.  Furthermore the Mayor’s Office and Law Department work with these same departments and bargaining units on daily matters and it’s potentially adversarial in these negotiations.  The addition of a negotiation consultant will also help to preserve these working relationships.

 

Mrs. Brown added that this is something that needs to be done and in fact she has recommended this in the past.  Mrs. Brown asked who this firm would report to.  Mayor Williams answered that this firm will report to the Mayor’s office but if the past is any indication the Mayor’s Office will work with this Council and the Finance Committee to keep all necessary parties informed.  We will negotiate in good faith and keep Council informed and will ask for input on many occasions.

 

Mrs. Brown asked how long and what the cost may be.  Mayor Williams responded that he cannot answer that question because of the nature of the negotiation process, as has been discussed this could be a week or two months worth of consultation based on how the negotiations proceed.

 

Mr. Gabbard commented that he agrees that this is an important resource through these negotiations but wants to be sure that the Law Department supports this.

 

Mr. Gibson confirmed that the Law Department has been informed and approves of the firm under consideration.

 

Mrs. Brown asked for the timeframe of the negotiations and the timing of entering into the contract.  Mayor Williams responded that he is working this and will keep Council informed.

 

Mr. Moore mentioned that this has historically been taboo as far as the Bargaining Units are concerned.  Some will take this personally, but this is in the best interest of the City.  This is not simply preparing for litigation, these contracts have been pieced together in the past and it will help to have labor contract expertise to help benchmark what other communities do and do not do with their labor contracts.  There are cases where rights that are explicitly assumed in the beginning of the contract are later given up with addendums.  While it has been mentioned that the hiring of a negotiation consultant was brought up in the past, neither of the last two Administrations have requested this and there was no reason to force the issue and pay for these consultants if the Administration was not willing to utilize these resources appropriately.

 

Mr. Sanker added that the current Administration will listen to the suggestions of Council and work to keep Council informed.  This Administration has proven accessible and open to suggestions on this matter.  Past Administrations have not taken input from Council on these matters to heart.

 

Mr. DeLuca declared that he supports this Resolution and is glad that we heard from the Administration and Law Department and that it is great to see how they are working together on this process.  There was Resolution in the past regarding a multi million dollar TIFF and none of these questions came up then. 

 

Mrs. Brown responded that the firm’s name and qualifications were in front of Council on that Resolution. 

 

Mr. Mumper reiterated that nothing has been finalized.  If anyone on Council knows of a qualified resource, they are free to suggest the firm.  The Administration and the Law Department are the experts in this matter and appear to be ready to proceed.  We know we need help in this matter and we should do what is required to obtain it.

 

Mr. Gabbard mentioned that asking questions are how you learn.  Mr. Gabbard added that the Law Department serves as the City’s lawyers and they know who is reputable which is why he presented his questions.

 

Mr. Moore commented that this discussion is great but reiterated that it is difficult to answer the question of how many hours this resource would be used; it all depends on the negotiation process.  Mr. Moore hopes that the same amount of rigor and same line of questioning is asked of the multi-million dollar contracts themselves; these questions are great but they are directed at a few thousand dollars in negotiation consultation.  It’s also important to ask how much a certain contract will cost and that was not always done in the past.

 

Mr. DeLuca clarified his comment in that he wasn’t suggesting that these questions should not be asked, in fact this discussion was held at the last Committee of the Whole meeting.

 

Mr. Gabbard mentioned he missed the last Committee of the Whole meeting and there was no communication to those who missed the meeting.  That is why he is asking his questions now.

 

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

 

B)     RESOLUTION TO OBTAIN TECHNICAL SERVICES FROM THE AUDITOR OF THE STATE OF OHIO FOR THE PERIOD JULY 1, 2005 THROUGH JUNE 30, 2006, AND DECLARING AN EMERGENCY.

 

Mrs. Brown requested that the attached letter from the State Auditor also be read.  Mr. Sanker responded that this letter was read at the last Council Meeting, but if it is so desired can be read again.

 

Mr. Moore commented on the work from the State and mentioned that they are looking at all the suggestions presented to them and applying the financial perspective on each option.  They will be applying the financial impact if the City were to conduct a Tax Amnesty program, Mandatory Tax filing, or outsourcing as examples.  They are providing the numbers that make these ideas real.

 

Mr. Gabbard asked if these meetings are targeted at the Finance Committee and City Auditor’s office or if any Council member can be involved.

 

Mr. Moore responded that the Performance Audit heard suggestions from every City employee and held preliminary meetings with each department head.  The assistance mentioned in this Resolution and accompanying letter is primarily with our Auditor’s office.

 

Mr. Sanker clarified that they have been commenting on the list prepared from the Committee of the Whole and are focused on crunching the numbers associated with some of those suggestions.  Most of their feedback to this point has been verbal as they are finalizing their numbers, results, and reports.

 

On a motion by Mr. Fulmer, seconded by Mr. Moore, it was moved to suspend the rules and hear all three readings of the Resolution and to read the letter from the State Auditor.  All members present voted YES.

 

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

 

K)  ADMINISTRATION REPORTS

Mayor Williams was present for the first time since his recent surgery and expressed his sincere thanks for all those that provided their support, cards, flowers, and prayers.  It means an awful lot to both him and MaryAnn.  The Mayor recognized Mr. Geers, Mr. White, Mr. Sanker, and Brenda for stepping up while he was out.  Mayor Williams will be ramping up to a full schedule shortly and mentioned that it is great to be back to work.

 

With respect to the discussion on bargaining unit negotiations, Mayor Williams mentioned that he would like to avoid any antagonism.  We want to negotiate coolly and calmly.  This process is hard enough without these issues.  These consultants will help us work through this in the most effective and efficient manner.

 

When opened for questions, Mr. Geers mentioned that he and Mr. Bill Graf, representing the West Norwood Neighborhood Association, have been auditing the City of Cincinnati’s Citizens on Patrol program.  One of the issues discussed was that of graffiti.  Mr. Geers mentioned graffiti on the railroad overpass and the Section Ave. bridge over the Norwood Lateral and asked who should be contacted to address this issue.  Mayor Williams responded that the City can handle the graffiti on the Norwood Lateral and the City does its best to stay on top of it.  In most cases this graffiti is covered as soon as it is noticed.  The railroad company, U.S.Rail formerly Indiana Ohio, is responsible for the railroad overpass.  The City has recently obtained a reliable contact with the railroad company after the recent investigation of the McCullough yard following the issue in the East End and Mt. Lookout.  We will get in touch with them regarding this graffiti issue.

 

Mr. Sanker followed up with a question to the Mayor regarding who citizens should contact if they identify any graffiti or know the perpetrators.  Mayor Williams answered that either the Police Department or Mayor’s Office should be contacted and they will address this as soon as possible.  If the graffiti is permitted to stay it only becomes a more serious problem.

 

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

 

M)UNFINISHED BUSINESS  

Mr. Mumper announced that the next Council’s Committee of the Whole meeting is scheduled for Tuesday at 7:30pm in Council Chambers.  Items on the agenda include

*      the financial recovery plan; should have a report from Mr. Thompson (State Auditor’s Office),

*      the EMS Ordinance; the Fire Chief, Law Department, and Auditor’s Office have been invited, and

*      the Safety Committee Report, Mr. Mark Reeves to attend on this matter.

 

Mr. Sanker announced that the West Norwood Neighborhood Association’s “Clean Up West Norwood” event is scheduled for October 8th from 9:00am – Noon. 

 

N)  NEW BUSINESS

 

On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to approve Kelly Brown for Secretary to the Clerk of Council and Secretary to Merit Pay Administrator.  All members present voted YES.

 

Mr. Moore mentioned that it has been a pleasure to work with Ms. Michelle Vogelsong and thanked her for all of her hard work in taking the office of Council from the 1970s to at least 1999.  She deserves a lot of credit and we all wish her well as she embarks on her new position with the City’s Tax Department.  Mr. Moore welcomed Mrs. Kelly Brown to the role and mentioned it is always a relief to bring in such a qualified resource.

 

Mrs. Brown asked if the rate would be the same as the previous secretary.  Mr. Moore confirmed.

 

Mr. Sanker mentioned the need for the City to recognize the residents and family members of those serving overseas.  We are constantly looking for ideas and unique ways to honor their service.  Please contact the Clerk of Council’s Office and relay your ideas or knowledge of anyone serving overseas.  One prime example is Jerry Roettgers who has been overseas for the last 12 months and has recently arrived back to a stateside base.  Welcome home Jerry!

 

Mr. DeLuca mentioned the recent article in the Cincinnati Enquirer regarding the water feature at Cornerstone at Norwood.  Once the landscaping is installed the water feature can be turned on for good.  Mr. DeLuca mentioned that there was a subsequent Letter to the Editor expressing concern that Council is spending time negotiating with developers during these tough financial times.  Mr. DeLuca responded that this is exactly the role of his particular Committee.  If these negotiations were not ongoing his Committee would not be doing their job.  Council has a Finance Committee that meets countless hours to determine the right course of action during these times and other Committees meet often to discuss their specific areas of responsibility.  The Finance Committee, Mr. Sanker, Mr. Mumper, Mr. Moore, and Mr. Tracey have been working hard to cut costs, the Community Development Committee is focusing on bringing in Earnings Tax growth and keeping Norwood viable for these companies in the long term.

 

Mr. Mumper mentioned that he received a call from a Board of Education member expressing concern over the exotic pets Ordinance after a science teacher left the district due to an inability to keep experimental classroom pets.   This item was placed in the Law and Ordinance Committee.

 

Mr. DeLuca mentioned that he will be holding a meeting on October 9th from 2-4pm at Marsh Park with several residents and everyone is welcome.  Residents can bring concerns and questions to be addressed by Mr. DeLuca and several City officials. 

 

Mr. DeLuca also mentioned that he received a phone call from a resident on Forest Avenue regarding a nearby apartment building.  It appears a tenant was evicted the previous week and their personal belongings were thrown out all over the property.  Mr. DeLuca contacted Jess Layne and he mentioned that this is common after evictions.  Mr. DeLuca asked that the issue of evictions be placed in the Law and Ordinance Committee.

 

Mrs. Brown added that she would like place into the Law and Ordinance Committee the possibility of Landlords posting bond when they rent a unit in order to cover for any issue that arises from a future eviction of that unit.

 

O)  COMMUNICATIONS: 

1.      Letter from Richard Dettmer, Community Development Director RE: Public Hearing for FY2006-2008 CDBG.

 

Mr. Mumper mentioned that he has contacted Mr. Dettmer and suggested that Hunter Park be added to this list for consideration of a restroom and new playground equipment. 

 

Mr. Fulmer added that he has suggested the storm sewers at Elm Ave. and Williams Ave., as well as Cleneay Ave. street resurfacing.  Mr. Fulmer encouraged residents to attend the Public Hearings and among other things lobby for a swimming pool in Hunter Park or another park in the North Norwood area.

 

Mr. Gabbard recommended a new floor in the hallway of the Community Center.

 

On a motion by Mr. Mumper, seconded by Mr. Fulmer, it was moved that the letter be received and filed and schedule the Public Hearing on the dates requested.  All members present voted YES.

 

1.      Letter from the Norwood Recreation Commission RE: Recreation Levy.

 

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

 

P)   EXCUSE ABSENT MEMBERS

All members present.

 

Q)  ADJOURNMENT

 

Ms. Grote reminded residents that at the October 11th meeting there will be a Public Hearing for ideas for the CDBG funding cycle; at the October 25th meeting there will be a Public Hearing on those prioritized suggestions.

 

On a motion by Mr. DeLuca, 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