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:
On a motion by Mr. Fulmer, seconded by Mrs. Brown, it was moved to amend the agenda by moving two requests to address Council as the first order of business, by adding Ordinance G) immediately after Public Hearing A), by adding Ordinance H) immediately after Public Hearing B), by adding Communication 8) immediately preceding Ordinance A), and by removing Ordinance D). All members present voted YES.
As amended, Council then heard two requests to address Council.
1.
Santa Claus, a resident of the North Pole, addressed Council on his
upcoming LIVE Call in Show to be aired on Saturday December 17th,
from 10:00am-Noon.
2.
Ms. Alliea Phipps addressed Council on the creation of a Norwood
Ambulance Fund and to mention business donations towards a raffle to raise
money for this fund.
The chair notes that Mr. DeLuca is now present in Council Chambers.
F) Public hearings
A) RE:
Ms.
Grote explained the rules and guidelines governing a Public Hearing and called
for all wishing to speak in favor of the zone change.
The following
spoke in favor of the Ordinance,
Jason
Garner of 4717 Ridgeway Ave. spoke and expressed his interest in owning and
renovating this property.
Tamara
Miano, representing the current homeowners, addressed the details of the zoning
change.
Norma Gearhardt, 4418
Lafayette Ave., also spoke in favor of this zoning change.
When
called to speak against the zone change, no one came forward and the Public
Hearing was closed.
As amended Council then
considered Ordinance G)
G) ORDINANCE CHANGING THE ZONING OF 4533 CARTER AVENUE FROM NEIGHBORHOOD BUSINESS DISTRICT (NBD) TO RESIDENTIAL 2 (R2), AND DECLARING AN EMERGENCY.
Mr. Moore mentioned that this property is a house and there is no reason to have this zoned as anything other than residential. The work done to date looks great and we should do anything we can to encourage similar reinvestment in this area.
On a motion by Mr. DeLuca, seconded by Mrs. Brown, 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.
Public Hearing B)
B) RE:
The
following spoke in favor of the Ordinance;
Chris Dobroszi
from Al Neyer, INC spoke in favor of Phase I approval, and detailed the
elements of Phase I which includes two restaurant pads, re-creation of a
smaller replica flat-iron building, a
single story retail, and a three story office building, totaling 110,000 sq.
ft. each. Mr. Dobroszi also gave an
update on the work being done on the site currently.
The
following spoke against this Ordinance,
Alliea Phipps, 4238 Floral Ave, mentioned that while not really against this development she spoke at this time to express concern over the proper monument to be erected in place of the existing triangle building and a connection to Norwood’s History.
When no others came forward to speak against this Ordinance, Public Hearing B) was closed.
As amended Council then
considered Ordinance H)
H) ORDINANCE APPROVING
THE FINAL PLANS FOR PHASE I OF THE PROJECT KNOWN AS LINDEN POINTE ON THE
LATERAL, COVERED BY THE PLANNED UNIT DEVELOPMENT OVERLAY ZONE OVER THE VICINITY
OF 5025 CARTHAGE AVENUE AND DECLARING AN EMERGENCY, AS AMENDED.
Mr. Moore asked Mr. Dobroszi back to the podium and asked about the timing of the need for Phase I approval. Mr. Dobroszi answered that they are currently working with banks to obtain financing and agreement with the City is a required component for financing, so this is a relatively urgent matter. Another key component is to work with ODOT regarding the roads, the intent is that this work can begin in Spring 2006.
Mr. Moore also asked for a status update on the monument. Mr. Dobroszi stated that not much progress has been made to date, but they are very willing to work with the Historical Society, the Tree Board, the City, and anyone else with any input. The monument however cannot be erected until after the roadwork is complete.
Mr. Moore followed up with a request for an update on tenants. Mr. Dobroszi responded that at this point there is considerable interest but tenants have not stepped forward with a commitment at this point due to the uncertainty regarding the roadwork.
Mr. DeLuca asked Mr. Dobroszi about the possibility of adding a contingency for the Community Development Committee to conduct periodic design reviews. Mr. Dobroszi agreed that this was a reasonable expectation.
Mr. Sanker explained that in the drawings that are part of this approval there are representations of a potential monument and it does say that the monument/plaque will include input from the City of Norwood.
Mrs. Brown then asked Director of Public Safety-Service, Mr. Geers to the podium and asked about a temporary access solution and a traffic study submitted by Neyer, Inc. and asked Mr. Geers to elaborate. Mr. Geers explained that in the interest of speeding up this development, Mr. Dobroszi has conducted a traffic study to determine the feasibility of building and operating Phase I prior to the roadwork completion.
Mrs. Brown followed up by asking for an update from ODOT. Mr. Geers responded that most of the conversation revolved around the funding of this project. ODOT maintains that this will not cost the City, but rather is being supported by several funds.
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.
That motion was superseded by a motion by Mr. DeLuca, seconded by Mr. Fulmer, it was moved to amend the Ordinance by adding item 7) to Exhibit C as submitted to Council. All members present voted YES.
On a motion by Mr. DeLuca, seconded by Mr. Fulmer, it was moved to suspend the rules and hear all three readings of the Ordinance, as amended. All members present voted YES.
On a motion by Mr. Fulmer, seconded by Mr. DeLuca, it was moved to pass the Ordinance, as amended. 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: Corridor Study Grant.
The Chair noted that Mr. Gabbard has left Council Chambers.
On a motion by Mr. Fulmer, seconded by Mr. Tracey, it was moved to accept the report. The following members voted YES, Mr. Sanker, Mr. Tracey, Mr. Moore, Mr. Fulmer, Mr. Geers, Mr. Mumper, and Mr. DeLuca. Mrs. Brown voted NO.
I) INTRODUCTORY READING OF ordinances
As
amended Council then considered Communication U-8)
8) Letter from Mr. Ted Kiser, Law Department RE: Passage of Ordinance A)
The Chair notes that Mr. Gabbard has returned to Council Chambers.
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.
A) ORDINANCE AUTHORIZING THE CREATION OF THE ROOKWOOD EXCHANGE INCENTIVE DISTRICT WITHIN THE CITY OF NORWOOD; DECLARING IMPROVEMENTS TO CERTAIN REAL PROPERTY WITHIN SUCH INCENTIVE DISTRICT TO BE A PUBLIC PURPOSE; DESCRIBING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO BENEFIT OR SERVE THE REAL PROPERTY WITHIN SUCH INCENTIVE DISTRICT; REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES; CREATING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND FOR THE DEPOSIT OF THE BALANCE OF SUCH SERVICE PAYMENTS; AUTHORIZING THE EXECUTION OF A SERVICE PAYMENT AGREEMENT WITH THE PROPERTY OWNER OF SUCH INCENTIVE DISTRICT; AUTHORIZING THE EXECUTION OF A SCHOOL COMPENSATION AGREEMENT WITH THE NORWOOD CITY SCHOOL DISTRICT; REPEALING ORDINANCE NO. 2-2005; AND DECLARING AN EMERGENCY.
On a motion by Mr. Fulmer, seconded by Mr. DeLuca, it was moved to suspend the rules and hear the first and second readings of the Ordinance. All members present voted YES.
B) ORDINANCE ADOPTING THE SIXTH AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE ROOKWOOD EXCHANGE PROJECT AND DECLARING AN EMERGENCY.
On a motion by Mr. DeLuca, 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. Tracey, seconded by Mr. Fulmer, it was moved to pass the Ordinance. All members present voted YES.
C)
ORDINANCE CREATING AND ESTABLISHING THE FIRE
DEPARTMENT FIXED ASSETS FUND
On a motion by Mr. Fulmer, seconded by Mr. Moore, 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. Geers, it was moved to pass the Ordinance. All members present voted YES.
D) ORDINANCE APPROVING THE PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT (P.U.D.) PLANS FOR 4935 SECTION AVENUE (THE IBEW & JACT/NECA PROJECT) AND DECLARING AN EMERGENCY.
As amended, this item was removed from the agenda.
E) ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2005.
Mr. Sanker explained that this changes appropriations to deposit Mr. Lindner’s kind donation. This reflects changes to the fixed assets and subsidy funds. Mr. Sanker again thanked Mr. Lindner for his generosity.
On a motion by Mr. Fulmer, seconded by Mr. Moore, 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. Geers, it was moved to pass the Ordinance. All members present voted YES.
F) ORDINANCE ESTABLISHING A RATE OF PAY FOR THE CAPTAIN'S POSITION (FORMERLY REFERRED TO AS "SECOND IN COMMAND”) IN THE NORWOOD POLICE DIVISION.
On a motion by Mr. Moore, seconded by Mr. Tracey, 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. Geers, it was moved to pass the Ordinance. All members present voted YES.
G) ORDINANCE CHANGING THE ZONING OF 4533 CARTER AVENUE FROM NEIGHBORHOOD BUSINESS DISTRICT (NBD) TO RESIDENTIAL 2 (R2), AND DECLARING AN EMERGENCY.
As amended, this item was
considered previously.
H) ORDINANCE APPROVING THE FINAL PLANS FOR PHASE I OF THE PROJECT KNOWN AS LINDEN POINTE ON THE LATERAL, COVERED BY THE PLANNED UNIT DEVELOPMENT OVERLAY ZONE OVER THE VICINITY OF 5025 CARTHAGE AVENUE AND DECLARING AN EMERGENCY, AS AMENDED.
As amended, this item was
considered previously.
J) ADMINISTRATION REPORTS
Mayor Williams was present and wished everyone a Merry Christmas, thanked this Council for their service, and acknowledged the hard work of many of the members of this Council. This Council has put in significant time and effort and has made difficult decisions. While we are not out of the woods, it is a testament to this Council that we have stayed above water these last few years. There is no glory in these chairs, Council has and will continue to make these difficult decisions and we are heading in the right direction. Things start to improve when we work together. It has been a pleasure to work with this Council as a whole.
Mr. Williams then called Mr. Fulmer to the podium and presented him with a Proclamation in honor of his 18 years of service to the Council of the City of Norwood, and declared Tuesday December 13th 2005 as “Michael Fulmer Day” in the City of Norwood. This was followed by a standing ovation from Council and the audience. Mr. Fulmer thanked all for their support.
Mayor Williams mentioned that on December 6th he attended the groundbreaking for an addition at Siemens. They have 460,000 employees worldwide; their entire Board came to the groundbreaking of this $30 Million improvement. The City looks forward to this reinvestment and the opportunity to work with Siemens in the future.
Mayor Williams also attended the Norwood Historical Society Christmas Party and Anniversary Celebration and it was a wonderful event.
In addition, Mayor Williams attended the Cinergy outreach event and dinner where community philanthropy was the main topic of discussion.
Mayor Williams also mentioned the honoring of the Fire Department as the Firehouse of the Year. The Fire Department will receive funds for their continued effort in Fire Prevention and Safety.
Overall, we are far from being where we want to be but we have made significant strides to get there over the last two years. That progress is attributed to this Council and all employees of the City of Norwood. There has been and will continue to be some negative things, but with hard work and dedication we will make it.
Mr. Moore asked if we had heard from the State Fire and Police Pension Board. Mayor Williams responded that he has had a discussion, but no additional direction has been given by the Pension Board. They are due to meet again on December 30th.
K) REQUEST TO ADDRESS COUNCIL RE: NON-AGENDA ITEMS:
1. Mr. Jeff Aluotto from the
Hamilton County Solid Waste Management District re: Award.
Mr.
Aluotto apologized for his absence at the last meeting, but wanted to thank the
City of Norwood for the recycling efforts over the recent months. Norwood has certainly stepped up and it is
nice to have a City understand the value of recycling. Norwood received the most improved recycling
program in going from 1% of waste collected to 17% of waste collected. This is a phenomenal increase and will result
in a significant increase in grant amounts to further encourage recycling and
waste control efforts. We need to get to
a point where waste is the exception and recycling is the rule, if everyone
followed Norwood’s lead we would be well on our way toward that goal.
Mr.
Mumper asked for clarification on the grant money received and asked if it was
correct if that money is restricted to recycling and yard waste programs. Mr. Aluotto confirmed that is the case and
will get the text on grant funding restrictions to this Council. Mr. Aluotto closed by thanking Mr. Geers and
Mrs. Laake.
L) UNFINISHED BUSINESS
Mr. Fulmer commented on the groundbreaking at Siemens and reiterated that $30 Million will be reinvested at this site. Siemens has decided to stay in Norwood in large part due to the restructuring of labor contracts and it is good to see that having jobs is more important to them and their community than draining the system for everything possible.
M)NEW BUSINESS
Mr. Fulmer wished all the residents of Norwood a very Merry Christmas and a Happy Holiday season.
Mr. Moore commented that the State of Ohio does have relief for heating expenses for Senior Citizens. To find out more about the program and program eligibility, call 1-800-282-0880.
On a motion by Mr. Gabbard, seconded by Mrs. Brown, it was moved to direct $125,000 from the special Cornerstone TIF fund to the Fire Department Fixed Asset Fund. Discussion followed.
Mr. Moore believes that an Ordinance would be required to change appropriations to this affect. Further, Mr. Moore discouraged this at this time. Even if we had a contract to purchase an ambulance on our desks today, the first payment would not be due until next year for the amount of $25-30,000. Moving these funds now will allow it to be spent on any fixed asset rather than allocating directly to the ambulance. We certainly need to consider this but this should be a decision that is thought out.
Mr. Sanker reiterated that a payment plan for a new vehicle is currently being worked and will be presented as a lease program similar to the manner in which the cruisers were obtained. Moving this money now will make these funds available to any expense not just for the ambulance. We ought to be careful to keep this in a special account until the details are finalized.
Mr. Fulmer agreed and mentioned that the Police and Fire Pension is owed money, there are streets that need resurfacing, and cruisers that need outfitting in order to get them on the streets. While everyone would like a new ambulance, let’s wait for a proposal and decide the funding on its merits and priority.
Mr. Moore agreed and reiterated that once we start spending this money, it won’t stop- there are plenty of priorities. The Pension Fund is threatening garnishing the property taxes from the County. We better know how that is going to turn out before we spend significant funds that could help us through a fiscal need in the short term.
Mrs. Brown commented that this is a critical need and perhaps we should spend this money now before the Pension Board can garnish this money.
Mr. Gabbard added that this is a necessity and moving these funds now will insure it is there for the future.
Mr. Mumper acknowledged that no one here would disagree that this is a critical need for this City, but we need to be strategic in our allocation of these funds. It is Council’s responsibility to determine how assets are purchased and/or leased and it would be a disservice to transfer these funds and ask someone else to manage this acquisition.
Mr. DeLuca agreed that an ambulance is important, but we should wait for the Administration to work this before we allocate these funds at this point. Council should be using these funds for the purpose of seed money and not necessarily operating expenses or expenditures that may be covered by some other funds.
Mr. Sanker added that we created the fund for emergency services in order to deposit funds collected by these services directly into these funds. This fund was not set up as a fund to direct money into, but as a means to collect funds from these services. Normally such a purpose would be managed by Council or the Administration, not necessarily by a particular department. While an ambulance is definitely a need, let’s see what this fund does over the short term before we redirect these much needed dollars.
Mr. Fulmer asked the Mayor for his comments. Mayor Williams stated he does not want to tell the Fire Department what to purchase, they have researched this and have a specific vehicle in mind. There is also maintenance needed on the existing vehicles. The Fire Department has something in the process and the Administration will address this. Let’s continue our good work and be fiscally responsible rather than tapping into the full purchase price at this exact point. The Finance Committee will be able to come up with a plan.
Mr. Gabbard stated that his concern is that the money from this fund will be spent prior to spending the money on the needed ambulance.
Mr. Moore directed a question to the Mayor and asked if we transferred the money to the Fire Department would it get us an ambulance any sooner. The Mayor said that the Fire Department is working it, but it would take at least six months to build the vehicle that we need and six months before we would need the funds.
Mr. DeLuca assured that Mr. Gabbard will be on Council for the next two years and will have the opportunity to have his voice heard. The Finance Committee and Administration deserve the chance to work this.
Mr. Moore concurred and added that while this is a need, moving these funds now relinquishes control. For a smaller purchase this may be acceptable, but we would hope that the Finance Committee and Council would have the ability to shape the way a major asset is purchased. In addition, the Fire Department should be allowed to at least submit a proposal before we consider moving forward.
On the motion to direct $125,000 from the special Cornerstone TIF fund to the
Fire Department Fixed Asset Fund, the following members voted YES: Mr. Gabbard
and Mrs. Brown. Mr. Sanker, Mr. Tracey,
Mr. Moore, Mr. Fulmer, Mr. Geers, Mr. Mumper, and Mr. DeLuca voted NO.
N) COMMUNICATIONS:
1. Letter from Mayor 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 Mayor Williams RE: Rene Dierker, Norwood Tree Board
On a motion by Mr. Sanker, seconded by Mr. DeLuca, it was moved that the letter be received and filed and the appointment be approved. All members present voted YES.
3. Letter from Mayor Williams RE: Linda Prues, Norwood Tree Board
On a motion by Mr. DeLuca, seconded by Mr. Tracey, it was moved that the letter be received and filed and the appointment be approved. All members present voted YES.
4. Letter from Mayor Williams RE: Carole Kassem, Norwood Tree Board
On a motion by Mr. DeLuca, seconded by Mr. Fulmer, it was moved that the letter be received and filed and the appointment be approved. All members present voted YES.
5. Letter from Mayor Williams RE: Felix O’Donnell, Norwood Board of Health
On a motion by Mr. Fulmer, seconded by Mr. Tracey, it was moved that the letter be received and filed and the appointment be approved. All members present voted YES.
6. Letter from Mayor Williams RE: Appointments to Boards
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.
7. Report from Tax Department RE: Monthly earnings tax report for November 2005
On a motion by Mr. DeLuca, seconded by Mr. Moore, it was moved that the letter be received and filed as if read. All members present voted YES.
8. Letter from Mr. Ted Kiser, Law Department RE: Passage of Ordinance A)
As amended, this item was considered previously.
O) EXCUSE ABSENT MEMBERS
All members present.
P) ADJOURNMENT
On a motion by Mr. Geers, 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