Norwood City Council

Council Chambers

October 24, 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. Gabbard, Mr. Sanker, Mr. Schneider, Mr. Moore, Mr. Barlow, and Mr. Mumper

 

E)   AMENDMENT OF AGENDA

 

F)   APPROVE MINUTES FROM

 

G)  Requests to address council on agenda items

 

H)  Reports of Standing committees of council

 

1.      Community Development RE: Linden Pointe Design Review - Building C.

 

Mr. Moore commented that the triangle building is progressing nicely.  This is a half scale replica of the original.  The remaining bricks will be used for the construction of the monument.

 

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

 

2.      Community Development RE: Gold Star Block.

 

Mr. Sanker explained the location this is referencing.  These houses will be torn down and fenced in.  Conceptual ideas for this property look promising.

 

Mr. Moore added that the attached rendering shows a two story office building with parking garage.  Intended use will be for high end medical.  These are very early drawings at this point.

 

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

 

I)      INTRODUCTORY READINGS OF ORDINANCES

 

A) ORDINANCE CLARIFYING THAT THE REPAYMENT OF FUNDS BY THE DEVELOPER OF ROOKWOOD COMMONS PROJECT ON SEPTEMBER 22, 2006 SHALL NOT BE DEPOSITED IN THE ECONOMIC DEVELOPMENT FUND CREATED BY ORDINANCE 53-1985, BUT RATHER SHALL BE RECEIVED BY THE CITY AND APPROPRIATED AS DETERMINED BY COUNCIL, AND DECLARING AN EMERGENCY.

 

Mr. Sanker asked Mayor Williams if he could explain this in more detail.  Mayor Williams responded that after this is done we will need to create a fund under Section 5705.12  This is the approach recommended by the State Auditor, City Auditor and Treasurer.

 

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

 

B) ORDINANCE ADOPTING THE OHIO FIRE CODE AS PART OF THE NORWOOD CODIFIED ORDINANCES, AS AMENDED BY THE NORWOOD FIRE DIVISION, AND DELETING CHAPTERS 1519 AND 1523, AND DECLARING AN EMERGENCY.

 

Mr. Sanker asked Fire Inspector Jones to the podium to explain any further amendments or comments.  Fire Inspector Jones reiterated that this aligns us very closely with the Ohio Fire Code and aligns us on this standard.

 

Mr. Sanker asked if there were any timelines or any reason to expedite.  Inspector Jones responded that there is not necessarily a hard and fast deadline, but the sooner we can adopt this code, the better our code and standards will be.  The current code based on the Southwest Ohio Fire Code is still in force.

 

On a motion by Mr. Sanker, seconded by Mr. Schneider, it was moved to hear the first reading of the ordinance.  All members present voted YES.

 

C) ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE-SAFETY TO ADVERTISE FOR BIDS FOR A CONTRACT TO PROVIDE FOR GARBAGE COLLECTION FOR THE CITY OF NORWOOD, AND DECLARING AN EMERGENCY

 

Mr. Schneider asked if this was only authorization to advertise for bids.  Ms. Grote confirmed and added that this does not authorize entering into a contract; this alignment would have to be forthcoming.

 

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

 

D) ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE-SAFETY TO ENTER INTO AN AGREEMENT WITH THE BARGAINING COMMITTEE OF THE NORWOOD, OHIO POLICE DEPARTMENT FOR THE YEARS 2006 THROUGH 2008, AND DECLARING AN EMERGENCY

 

Mr. Moore asked a question to the Mayor or Director of Public Service Safety and asked how we got to this agreement.  Mayor Williams responded that this is the result of professional negotiations on both sides; there was no animosity and both sides worked to get through the City’s tough financial times.  The bargaining committee sent a note to our negotiator thanking him and the Administration for their cooperation and acting in good faith throughout the process.

 

Mr. Schneider detailed the increases and provisions provided for in this contract do not seem to be a result of going into the negotiations with a hardline stance.  The pay increases, increase in clothing, sick days and bonus appear to be similar to last time.  Mayor Williams responded that this is dramatically different.  Minimum manpower has been reduced, and contains a 0% increase in 2006.  This is also the first time in the City’s history that something has been done about Medical insurance.  This contract is a net savings of more than $1 Million over the course of the contract.

 

Mr. Moore asked the Director of Public Service-Safety to explain the highlights of the contract.  Mr. Geers detailed the highlights and changes to previous contracts.  Previous contracts have given positions, given on minimum man, and given 4%, 5%, and 6% pay raises.  This contract does none of that and gives a total of 5% pay raise over the three year contract.

 

Mr. Moore added that the net is that this contract saves significantly over current contract even with the 5% pay raise.

 

Mr. Schneider commented that it is nice to see that we enter into negotiations with a clear understanding of the current situation rather than arguing over past contracts continually.  Mayor Williams responded that we want good people, we want to retain good people, and want to provide equipment so that the job can be done effectively.  We need to keep efficiency up while keeping costs down.  Keeping contracts at a 5% increase with the other provisions over the three year contract is a dramatic cost savings.  This is a good and fair contract.

 

Mr. Moore commented that he could not be happier.  Having a contract presented by the Administration that actually saves money is a nice change.  This contract changes the way we do Health Care and is a dramatic change in how we do business.  This is a great accomplishment for Mr. King, the Administration and demonstrates the strong relationship we have with the Police Department.

 

Mr. Mumper thanked both sides for a professional process that delivered results.  These are the necessary steps to maintain service levels during these tough financial times.

 

Mr. Schneider added that while there are changes to the contract that will benefit the budget we also gave the employees something and this is what a negotiation is all about.  The morale stays up and we can move forward with a contract that will aid all parties in the coming years.  The negotiator did his job and was in a tough position to be in when you have little to nothing to give.  Congratulations to all.

 

Mr. Sanker added that Council’s guidance going into these negotiations was to go for 0% pay raise over the contract knowing that their would be give and take and that other concessions could be made by the bargaining unit to achieve a fair and amicable contract.  This contract, while not 0%, will save significant money while maintaing services.

 

Mr. Moore added his thanks to all parties on a job well done.  Mr. Sanker reiterated.

 

On a motion by Mr. Sanker, 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. Mumper, seconded by Mr. Schneider, it was moved to pass the ordinance.  This motion was superseded by a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to amend Section 2 of the Ordinance.  All members present voted YES.

 

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.  All members present voted YES.

 

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

 

J)    INTRODUCTORY READINGS OF RESOLUTIONS

 

A) RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR

 

On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to amend the resolution correcting a typographical error.  All members present voted YES.

 

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

 

K)  ADMINISTRATION REPORTS

 

Mayor Williams was present and announced that the bids for the Williams Avenue Sewer project have closed; Trend Construction came in with a low bid that was nearly $350,000 lower than the grant awarded.  Mayor Williams reminded all that this is a very large project being funded by this grant.

 

Mayor Williams added his recommendation on the appropriations of the funds from the UDAG grant.  Payment of the Police and Fire Pension Fund should be the first priority, and then taking a good chunk of the remainder as a reserve fund.  We never want to be in this position again and we should all remember the very tough and miserable meetings in the past.  We should tie money up for future low points.  This $3.5 Million is only short term, we need to continue our diligence on questioning any cost increase in the future if we are to remain solvent into the future.

 

When opened for questions, Mr. Schneider asked Mayor Williams or the Director of Public Service-Safety if there was any background on Trend Construction.  Mr. Geers responded that Trend Construction is a branch of Ford Development and they have been around for more than twenty years.  Mr. Geers has personally worked with them on $5-10 Million worth of projects.

 

Mr. Schneider followed up with a question regarding timing.  Mr. Geers responded that there will be a preconstruction meeting next week.  This will be a Winter job.  The delay in starting was primarily due to Duke Energy; they will be putting in a new main and we are trying to coordinate these two projects rather than resurfacing the street only to have it torn up by main replacement.  The project includes curbs, sidewalks, street, and storm sewer.  Current completion is targeted for early Spring.

 

Mr. Moore asked what we are permitted to do with the underspent funds from the grant.  Mr. Geers responded that the current plans are to hold that for contingency and we will reevaluate other related work periodically.

 

Mr. Schneider asked for an updated delivery date for the ambulance.  Mayor Williams responded that it should be available in the next few weeks. 

 

Mr. Molony, Treasurer, was also present and provided an update on several separate topics.

1)  The $3.5 Million payment as a result of the UDAG Grant:  Mr. Molony reported that the funding is currently in the general fund.  The first step is to place in reserve where we will invest in short term CDs until we appropriate to specific funds.  The ORC allows for the creation of a rainy day fund with restrictions on spending.

2)  The appropriation of these UDAG Grant funds:  Mr. Molony concurred with the Mayor’s recommendation and believes we should retire the debt from the Police and Fire Pensions Fund.  The City Auditor is working with the Police and Fire Pension Fund Board to get final payout amounts. 

3)  The third item was an update on Earnings Tax Collection.  We are currently tracking at about an $800,000 increase over next year.  We should meet our October projections.  One watchout is that the letter from the tax commissioner was a comparison over last year not necessarily a comparison over projections.  We are currently about $200,000 over projections however so that is good news but is tapered with our current reality and deficit.

4)  Tax Collection Software – We have received two bids for a new software package and these bids are very different.  The devil is in the details.  We will meet to dig deep and determine the differences in the next few days. 

5)  The last update is in regards to mandatory filings.  Just to reiterate this is not an increase in taxes for those that are not required to pay or those that currently pay.  The only difference for these residents is that they will now be required to complete a return form.  The form itself will be mailed in early January and will be accompanied with educational material regarding the new procedures and requirements. 

 

When opened for questions, Mr. Moore asked about other short term investment options.  Mr. Molony answered that there are several options that we can pursue once a final decision has been made on the direction of these funds.

 

Mr. Moore also questioned the Pension Boards stance on the penalty.  Mr. Molony stated that the latest penalty is a result of not continuing payment on the debt owed from the 1980s.  Unfortunately it was their advise to hold all payments until we could render payments in full. 

 

Mr. Gibson, Law Director, was also in attendance and provided a few updates including his perspective on the UDAG funds.  Section 5705.12 and 5705.13 are our two options.  5705.13 has restrictions on contribution amounts and spending use, 5705.12 has no restrictions other than an approval form which is why it is the recommended approach at this point.  The other update was in regards to Item I-B).  Ted Kiser has worked diligently with the Fire Department to refine this Ordinance.  Not only does this Ordinance adopt the Ohio Fire Code, but also cleans up the old legislation for the previous fire code.

 

When opened for questions, Mr. Gabbard asked for an update on Sex Offenders.  Mr. Gibson responded that it appears we have them on the run with our aggressive stance.  We are not the only ones that are taking this approach however so at times we are relocating offenders from Norwood to nearby communities and they are doing the same; it is a constant battle to identify violators and stay on top of the situation.

 

Mr. Sanker asked for Mr. Gibson’s perspective on the Pension Board’s position on the pentalty – it seems like we are victims of their guidance.  Mr. Sanker asked if there was anything we could do to fight this.  Mr. Gibson responded that everything is up to negotiation but we certainly would not want to discuss strategy in an open forum like this.

 

Mr. Moore asked that the Law Director and Mayor work with the Board to determine if we have a strong legal position on this and to attend the next Committee of the Whole meeting to discuss our options.

 

L)   OTHER REQUESTS TO ADDRESS COUNCIL

 

M)UNFINISHED BUSINESS

 

Mr. Moore commented on the three crime prevention programs spearheaded by the West Norwood Neighborhood Association.  The turnout was fantastic.  If you would like more information but cannot attend a W.N.N.A meeting contact a W.N.N.A member, the Police Department, or Mr. Moore. 

 

N)   new Business

 

Mr. Barlow asked that a letter be sent to Mr. Geers and Public Works regarding an addition of a 4-way stop at the intersection of Linden and Kenilworth.

 

Mr. Schneider asked that the issue of a Norwood Community Newsletter be placed into the Committee of the Whole.

 

O)  COMMUNICATIONS: 

 

1.      Letter from Mayor RE: Mayor's Court Fines.

 

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

 

2.      Letter from Joe Geers RE: Election Day.

 

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

 

3.      Letter from Recreation Commission RE: Clean parks/restrooms.

 

Mr. Schneider mentioned that it is nice to see this letter and a little positive reinforcement can go a long way.

 

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

 

4.      Letter from Jerry Owens RE: Vietnam "Wall That Heals".

 

Mr. Gabbard expressed thanks and gratitude for Mr. Owens and the Victory Park Veterans.  Mr. Gabbard encouraged all residents to attend in honor of those who have served this Country and those that made the ultimate sacrifice.

 

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

 

P)   EXCUSE ABSENT MEMBERS

 

On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to excuse the absent member.  All members present voted YES.

 

On a motion by Mr. Gabbard, seconded by Mr. Schneider, it was moved that Council go into Executive Session to discuss negotiations with other contracts.  All members present voted YES.

 

Q)  ADJOURNMENT

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

 

 

 

 

 

 

 

 

 

 

 

 

______________________________            ______________________________

J. Brian Mumper                                           Jane M. Grote

Clerk of Council                                             President of Council