Norwood City Council

Council Chambers

August 8, 2006

 

 

 

A)  CALL TO ORDER

The Council for the City of Norwood met in regular session on the above date with Ms. Jane 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. Sanker, Mr. Schneider, Mr. Moore, Ms. Kelly, Mr. Barlow, and Mr. Mumper.

 

E)   AMENDMENT OF AGENDA:

 

Mr. Schneider commented that this seems like too many additions.  Ms. Grote responded that these items do need to be considered tonight.  Ms. Grote asked that all department heads comply with the recent letter send from the Clerk of Council’s Office requesting adherence to the Friday deadline.

 

The Chair noted Mr. Gabbard has entered Council Chambers.

 

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved to amend the agenda by adding Ordinance K-D), adding Communication P-9) prior to Ordinance I-B), P-10) prior to Ordinance J-B), and by adding P-11), P-12), P-13), P-14), and P-15).  The following members voted YES: Mr. Gabbard, Mr. Sanker, Mr. Moore, Ms. Kelly, Mr. Barlow and Mr. Mumper.  The following members voted NO: Mr. Schneider.

 

F)   approve minutes from:   May 23 and June 13, 2006

 

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to approve the minutes as if read.  All members present voted YES.

 

G)  Requests to address council on agenda items

 

A request to address Council from Susan Knox will be heard immediately prior to the consideration of the agenda item.

 

H)  Reports of Standing committees of council

 

1.      Law and Ordinance RE: Budget Director.

 

Mr. Moore mentioned that this was a very productive meeting and attendees included the Law Director, Asst. Law Director, and several members of Council.  Two additional items that have been requested but have not yet been drafted include an Ordinance changing the Deputy Auditor’s position from Full-time to Part time, and an Appropriations Ordinance to fund the Budget Analyst position.

 

Mr. Mumper commented that the title of the position has been changed from Budget Director to Budget Analyst to reflect the fact that this position will not have direct reports, which is sometimes implied when the title ‘Director’ is used.

 

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

 

2.      Finance and Audit RE: 2006 Appropriations.

 

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to accept the report and to send a letter to the Law Department requesting the Ordinance be drafted.  All members present voted YES.

 

I)      THIRD READING OF Ordinances

 

A)    ORDINANCE AMENDING CHAPTER 1321 "SIGNS" OF THE NORWOOD CODIFIED ORDINANCES, AS AMENDED.

 

On a motion by Mr. Moore, seconded by Ms. Kelly, it was moved to hear the third reading of the Ordinance.  All members present voted YES.

 

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

 

As amended, Council then considered the following item:

 

P-9) Letter from Bambi Morgan of Rentway, Inc. RE: Withdrawal of Current Building Permit Application.

 

On a motion by Mr. Moore, seconded by Ms. Kelly, it was moved that the letter be received and filed and that Ordinance (I - B) is removed from Agenda.

 

B)    ORDINANCE DENYING THE APPLICATION AND/OR PLAN SUBMISSION FOR THE PROPOSED EXPANSION OF THE RENTWAY STORE, WHICH FALLS WITHIN A PLANNED UNIT DEVELOPMENT (P.U.D.), FOR 3835 MONTGOMERY ROAD.

 

As amended, this item was removed from the agenda.

 

J)    SECOND READING OF ORDINANCES

 

A)    ORDINANCE AUTHORIZING THE TREASURER TO PURCHASE

COMPUTER SOFTWARE FOR THE TAX DEPARTMENT FOR AN AMOUNT NOT TO EXCEED TWENTY FIVE THOUSAND DOLLARS ($25,000.00), AND DECLARING AN EMERGENCY.

 

Mr. Moore reminded that this software will allow the processing of the increased number of returns if and when Mandatory Tax Filings are enacted.

 

Mr. Sanker mentioned that Mr. Molony will attend the next Finance and Claims meeting to discuss this software and its capabilities.

 

On a motion by Mr. Moore, seconded by Ms. Kelly, it was moved to hear the second reading of the Ordinance.  All members present voted YES.

 

As Amended, Council then considered the following item.

 

P-10) Letter from Assistant Law Director Ted Kiser RE: Amended version of Ordinance (J - B) on Agenda.

 

On a motion by Mr. Sanker, seconded by Ms. Kelly, it was moved that the letter be received and filed and that Ordinance (J - B) on Agenda be substituted with the attached Ordinance.  All members present voted YES.

 

B)     ORDINANCE AMENDING 181.05 (a) OF THE CODIFIED ORDINANCES OF THE CITY OF NORWOOD, OHIO TO PROVIDE FOR MANDATORY FILING OF INCOME TAX RETURNS AND A LIMITED AMNESTY PROGRAM RELATIVE THERETO, AND REPEALING SUBSECTION “(d)” OF SECTION 181.17 OF THE CITY OF NORWOOD CODIFIED ORDINANCES..

 

Mr. Moore noted that the idea here is to get the word out and the more readings the better.  This will not affect most residents, this is designed to identify those that need to pay taxes but are not currently paying/filing.

 

On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to hear the first reading of the Ordinance, as amended.  All members present voted YES.

 

K)  INTRODUCTORY READING OF Ordinances

 

Prior to consideration of this item, Council heard a request to address Council from Ms. Susan Knox regarding this agenda item.

 

On a motion by Mr. Moore, seconded by Mr. Gabbard, it was moved that Ms. Susan Knox be granted additional time as needed.  All members present voted YES.

 

A)    ORDINANCE CREATING A PART-TIME BUDGET ANALYST POSITION IN THE CITY OF NORWOOD

 

Mr. Moore commented that this proposal has been on the table for quite some time and has been discussed at several meetings.  Initially, Mr. Moore did not see the need for the position but has since come around.  During recent years where we have been in a cash flow crisis, it has been everything we could do just to make ends meet and pay those Purchase Orders that required immediate payment.  What has fallen through is the necessity to budget and plan several years out.  Mr. Moore then addressed several of the questions that were posed regarding the position including mentioning that the job is to crunch numbers and work with department heads for budget tracking and capital planning, the results we hope to get from this position will certainly be much better than the assistance we have received thus far from the State in that recommendation will be legal and actionable. 

 

Mr. Moore asked Mayor Williams for his perspective.  Mayor Williams responded that this role will be filled with a resource experienced in Municipal Finance, and knowledgeable on workers comp, Collective Bargaining Agreements, etc.

 

Mr. Schneider noted that he will be voting NO on this at this time due to the current financial situation, and the message this might send other employees in adding a position.

 

Ms. Kelly stated that it is her hope that this position will lead to a quicker financial recovery so this may be a case of spending money to make money.

 

Mr. Moore responded to Mr. Schneider’s comments and noted that he was surprised since in the past he had argued for several of the jobs we were told we could not live without.  Mr. Moore also stated that he has experience cutting personnel in the past and if this role does not work out, he will not hesitate to cut this Budget Analyst position.  It is not fair to employees that we are in the financial situation that we are in due to the lack of vision and long term leadership we needed in the 1990’s during the shortlived economic boom.

 

Mr. Gabbard asked if this position will be able to be filled, citing the difficulty in filling the recent Tax Commissioner position.

 

Mr. Schneider commented that he would like to see the role description and added that the Mayor’s Office has every right to create this position and fund out of his own key.

 

Mr. Moore responded that he is again surprised to hear these comments since none of these concerns were mentioned in the recent committee meetings held on the subject.  Mr. Moore asked Mayor Williams his perspective on whether or not this work could be done on a part time basis and filled quickly.  Mayor Williams responded that he has talked to several people in the field and all agree this can be done on a part time basis.  These individuals all work in the current field now and are qualified. 

 

Mr. Moore summarized the discussion on funding by noting there were three options for funding this position including using the $17,000 that was saved due to the Deputy Auditor retirement, funding the same amount from Council key, and the third option of taking this from the State Auditor’s Overhead Key since we will be saving significantly due to the change in Audit reporting format.

 

Mr. Sanker mentioned that this discussion feels like a Finance meeting when discussing how to fund this position.

 

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to suspend the rules and hear all three readings of the Ordinance.  The following members voted YES: Mr. Gabbard, Mr. Sanker, Mr. Moore, Ms. Kelly, Mr. Barlow and Mr. Mumper.  The following members voted NO: Mr. Schneider.

 

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to pass the Ordinance.  The following members voted YES: Mr. Gabbard, Mr. Sanker, Mr. Moore, Ms. Kelly, Mr. Barlow and Mr. Mumper.  The following members voted NO: Mr. Schneider.

 

B)    ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2006.

 

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

 

C)    ORDINANCE PROMOTING THE "CITY WIDE STREET SALE" AND ABATEMENT OF ALL PERMIT FEES ASSOCIATED WITH THE SALE.

 

On a motion by Mr. Moore, seconded by Ms. Kelly, it was moved to hear the first reading of the Ordinance, in its entirety.  All members present voted YES.

 

As amended, Council then considered the following item.

 

D)    ORDINANCE TO CONTINUE FREEZING WAGES FOR ALL APPOINTED EMPLOYEES IN THE CITY OF NORWOOD, AND DECLARING AN EMERGENCY.

 

Mr. Mumper noted that there has been about a two month lapse in this Ordinance.  Mr. Mumper asked that a letter be sent to all department heads clarifying that no raises should have been granted during this period, and if there have been, these may be subject to a retroactive second Ordinance.

 

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

 

L)   ADMINISTRATION REPORTS

 

Mayor Williams was present and announced that every light on SR562 is now operational. 

 

The triangle building along Carthage and Montgomery has now been demolished, and demolition on the next building will start tomorrow.  In addition, the developer has erected three flag poles at their property where they will light an American Flag, a City of Norwood Flag, and the Neyer flag.  This is a nice touch while construction is underway.

 

Mayor Williams also reported that a search warrant has been executed on 2424 Kenilworth Ave.  Mr. Barlow was present and will give a report later.

 

Lastly, Soupie’s Bar and Grill has finally closed and hopefully the problems that came with it are gone for good.

 

When opened for questions, Mr. Moore asked the Mayor about the status of the Xavier University RFP submission.  Mayor Williams responded that we can get more copies of the RFP if there is interest.  The RFP is quite extensive and includes the area of the plaza, south of the plaza and to Dana Ave.  Forty percent of this mixed use (office, retail, and dormitory) development is in the City of Norwood limits.

 

Ms. Kelly asked for an update on the Williams Avenue sewer project.  Mayor Williams responded that the money was received in July and engineering is currently underway.  Given the problems on the Elm Avenue engineering work we want to make sure this is done right and funded appropriately, even if this leads to a delay.

 

Mr. Gabbard mentioned he had heard of several recent incidents at the Fun Factory and asked for an update.  Mr. Williams mentioned that he too was discouraged to hear of recurring incidents but is getting more details on this and will report back.

 

Mr. Schneider asked for the latest on the Waterworks Park renovation.   Mayor Williams responded that work on the Carl and Edyth Lindner Waterworks Park is making great progress.  The house at the entrance will be demolished soon and then landscaped as the park’s grand entrance.  The nets will be coming up on the tennis courts and basketball courts shortly, and the bathrooms are nearing completion.

 

Mr. Schneider then asked for the timing of the 5-way intersection.  Mayor Williams responded that ODOT is scheduling this work and we are due an update on timing shortly.  This will be communicated as details are shared.

 

Mr. Schneider also asked if the Mayor knew who had been maintaining Heritage Park just south of City Hall and commended them on their work.  Mayor Williams answered that he too has been impressed and the couple that is maintaining that Garden live above Anna’s Restaurant and have taken great pride in that little park and beautifying a piece of Norwood.

 

Mr. Moore asked for an update on the traffic flow around Allison Elementary given that we are nearing the start of the school year.  Mayor Williams asked the Director of Public Safety-Service to the podium to answer this; Mr. Geers answered that he had met with the Superintendent of Norwood Schools recently.  Rather than making the three streets around the school one way during drop-off/pickup, it has been decided to designate Allison as the drop-off/pickup location with no parking during these times.

 

Mayor Williams closed his report by stating that during recent weeks the Administration has re-engaged their effort in aggressively addressing atrocious properties.  This is a perfect example of why we can’t cut important City services.  Our main goal is protecting our residents, the quality of life, and the value of their investment in Norwood.

 

M)  OTHER REQUESTS TO ADDRESS COUNCIL

Ms. Yvonne Collins addressed Council regarding her overall feelings about Norwood streets and taxes.

 

Mr. Bill Graff addressed Council regarding the grand re-opening of West Norwood's Police Sub-Station.  This new location will be opened on August 20th and renovations are complete including memorabilia from the City and the Police Department.  This was done with volunteer effort and no City funds.

 

N)   UNFINISHED BUSINESS  

 

Mr. Moore asked a question through the Chair to City Auditor Mr. Jones regarding the allocation of Police and Fire Pension payments.  Mr. Jones responded that he has confirmed that the most recent $79,000 certification is being applied to the payment due in November.  Mr. Jones has attained agreement that as the funds are certified from the County they will be applied to the most current payment.

 

Mr. Sanker thanked all City employees particularly Public Works and the Police Department for their efforts in cleaning up for the Norwood Day Parade.  We had a great crowd and great weather for this wonderful long standing tradition.  Mr. Sanker also thanked the Chamber of Commerce and the Norwood Business Women’s Association for their sponsorship of the Parade and Norwood Day at Coney Island.

 

Mr. Sanker commented on the Mayor’s report regarding the demolition of the triangle building and added that prior to demolition several architectural elements of the building were removed.  These elements will be preserved for the planned replica building in the Linden Pointe development.

 

Mr. Gabbard mentioned that he attended the recent Rolling Thunder event held on July 29th remembering MIA/POW.  While this was a great event, the turnout was less than expected.  Mr. Gabbard encouraged residents to attend these very important events in the future.

 

O)   new Business

 

Mr. Barlow added to the Mayor’s report on the raid at 2424 Kenilworth Avenue on August 4th and reported on the details of the execution.  The facility was vacated and 4 citations were given for trafficking heroin, 1 for possession of crack, 3 for possession of heroin, and 3 for endangering children.  Mr. Barlow also mentioned that during the operation there was a “resident cheering section” as the inhabitants were cited and vacated from the property.  He encouraged residents to continue calling on problem properties, it does work and is the only way to rid the City of these problems.  The number for the Drug Tip line is 351-4567.

 

On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved that the AFSCME Local 3278 proposal be rejected.  All members present voted YES.

 

Mr. Gabbard announced that the Norwood Soccer Association Opening Day is scheduled for August 19th, beginning with a parade at 9:00am.

 

Mr. Moore announced that tomorrow’s Community Development and Small Business meeting has been cancelled.

 

P)   COMMUNICATIONS: 

 

1.      Letter from Mayor Williams RE: Mayor’s Court Fines for July 2006.

 

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

 

2.      Letter from Donnie Jones RE: Auditor's Report for June 2006.

 

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

 

3.      Letter from Tax Department RE: Monthly Report for July 2006

 

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

 

4.      Letter from Fire Chief Curtis Goodman RE: Appreciation to Cincinnati Fire Department.

 

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved that the letter be received and filed, and that a letter be sent to the Cincinnati Fire Department to express appreciation.  All members present voted YES.

 

5.      Letter from Police Chief William Schlie RE: Property on Kenilworth

 

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

 

6.      Letter from Liquor Control RE: Transfer of Liquor License - SKS Management LLC to Gilligan Oil Company LLC.

 

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved that the letter be received and filed, and that an objection will be filed if Department Heads respond with objections.  All members present voted YES.

 

7.      Letter from John Brown of the Norwood Moose Lodge #301 RE: Donation to be made to the Police K-9 Unit.

 

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved that the letter be received and filed and that request to present donation at the 8/22/06 Council Meeting is granted.  All members present voted YES.

 

8.      Letter from Nick Faulkner RE: Visit from Phil Heimlich.

 

Mr. Sanker commented on the lack of professionalism in this letter including the lack of letterhead and lack of a follow up address.

 

On a motion by Mr. Schneider, seconded by Mr. Gabbard, it was moved that the letter be received and filed and that request to speak at the 9/26/06 Council Meeting is granted.  All members present voted YES.

 

As amended, Council then considered the following items.

 

9.      Letter from Bambi Morgan of RentWay, Inc. RE: Withdrawal of Current Building Permit Application.

 

As amended this item was considered previously.

 

10.  Letter from Assistant Law Director Ted Kiser RE: Amended version of Ordinance (J - B) on Agenda.

 

As amended this item was considered previously.

 

11.   Letter from Donna Laake, Health Commissioner RE: High Grass problems.

 

Mr. Mumper commented that this property has been a problem in the past and commented that while this will be addressed temporarily this is a one time deal.  If high grass continues to be a problem it will require additional follow up from residents to keep the attention on this and all high grass problems.

 

Mr. Gabbard thanked the Health Department for their attention to this matter this summer.

 

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

 

12.   Letter from Planning Commission RE: 2108 Cathedral Avenue Zoning.

 

On a motion by Mr. Schneider, seconded by Mr. Mumper, it was moved that the letter be received and filed and the Public Hearing be set for September 26, 2006.  All members present voted YES.

 

13.  Letter from Planning Commission RE: 2042 & 2046 Courtland Avenue Zoning.

 

Mr. Moore explained that this property is directly behind the former Walgreens location.  The owner would like to increase the parking at this location and beautify the area with landscaping.  The owner of these parcels lives on the West Coast and has agreed to meet with neighbors with concerns.   Mayor Williams added that the initial plans have been submitted and while they will be a nice improvement, the initial plans did not offer a high enough buffer on the residential side.

 

On a motion by Mr. Moore, seconded by Ms. Kelly, it was moved that the letter be received and filed and the Public Hearing be set for September 26, 2006.  All members present voted YES.

 

14.  Letter from Planning Commission RE: 5440 Moeller Avenue PUD Plans.

 

On a motion by Mr. Schneider, seconded by Ms. Kelly, it was moved that the letter be received and filed and the Public Hearing be set for September 26, 2006.  All members present voted YES.

 

15.  Letter from Planning Commission RE: 5612 Carthage Avenue Preliminary PUD Plans.

 

On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved that the letter be received and filed and the Public Hearing be set for September 26, 2006.  All members present voted YES.

 

Q)  EXCUSE ABSENT MEMBERS

 

All members present.

 

R)  ADJOURNMENT

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved to adjourn.  All members present voted YES.

 

 

 

 

 

 

 

 

 

 

 

 

______________________________            ______________________________

J. Brian Mumper                                          Jane M. Grote

Clerk of Council                                            President of Council