Norwood City Council

Council Chambers

December 28, 2006

 

 

 

A)   CALL TO ORDER

The Council for the City of Norwood met in regular session on the above date with Mr. Keith Moore presiding as President Pro-Tempore as Ms. Grote had previously indicated that she would attend but would likely arrive late.  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, Ms. Kelly, Mr. Barlow, and Mr. Mumper

 

E)   AMENDMENT OF AGENDA

On a motion by Mr. Schneider, seconded by Mr. Mumper, it was moved to amend the agenda by adding Communication M-5) and considering M-5) and M-1) immediately prior to H-I, by replacing H-I with an updated version of the Ordinance, and by replacing H-B).  All members present voted YES.

 

F) REQUESTS TO ADDRESS COUNCIL ON AGENDA ITEMS

 

G)  Reports of Standing committees of council

 

1.      Finance and Audit RE: 2006 Appropriations

 

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

 

H)  INTRODUCTORY READING OF ordinances

 

A) ORDINANCE TO MAKE APPROPRIATIONS FOR THE CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF NORWOOD, OHIO DURING THE CALENDAR YEAR ENDING DECEMBER 31, 2006.

 

Mr. Sanker explained some of the recent changes to the appropriations.

 

Mr. Moore explained that these changes reflect money that has or will be spent in the next few days.  $440,000 remains in the reserve for contingency fund.

 

Mr. Sanker added that appropriation covers through the end of the year, all numbers will undoubtedly change as we close the books but these are as accurate as they can be at this point.

 

Mr. Schneider asked a question through the Finance Chair and asked if the budgetary keys rollover into the general fund at the end of the year.  Mr. Sanker confirmed but clarified that they do not roll into the same keys but rather need to be reappropriated to each key as necessary.

 

Mr. Moore added that this appropriation includes the payout of the Police and Fire Pension Fund.

 

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

 

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. Mumper, seconded by Ms. Kelly, it was moved to pass the ordinance.  All members present voted YES.

 

B) ORDINANCE MAKING TEMPORARY APPROPRIATIONS FOR THE EXPENDITURES OF THE CITY OF NORWOOD, OHIO DURING THE PERIOD OF JANUARY 1, 2007 TO MARCH 31, 2007

 

Mr. Gabbard asked if this temporary appropriation included raises to the appointed personnel.  Mr. Sanker responded that Council will likely need to approve the raises as changed appropriations.  At this time, Council will also need to amend the Ordinances enacted to freeze wages, at least temporarily.

 

Mr. Moore commented that at one point raises were permitted at 5% plus a cost of living increase.  Council has straightened this out, and whatever is done early in 2007 Council needs to maintain control over any and all raises.

 

When asked to comment Mayor Williams responded that there is no good reason to give a 5% raise at any point but particularly during these tough times.  Mayor Williams implored Council to insure that these Ordinances are cleaned up and the wage structure is crystal clear.

 

Mr. Mumper suggested placing the issue of raises to appointed personnel be placed into the Finance and Claims committee.

 

Mr. Moore commented that these numbers are rough due to the disarray in the Auditor’s office, but they will suffice for a temporary appropriation.

 

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 Ms. Kelly, it was moved to pass the ordinance.  All members present voted YES.

 

C) ORDINANCE TO APPROPRIATE CERTAIN REAL PROPERTY FOR PUBLIC USE AND THE IMPROVEMENT OF MONTGOMERY ROAD, NORWOOD AVENUE, ROSS AVENUE, AND CARTHAGE AVENUE AND DECLARING AN EMERGENCY.

 

Mr. Schneider commented that the Ordinances that follow appropriate land for the Montgomery Rd. realignment.  Most parcels are very small sections of land needed for this realignment project.

 

Mr. Sanker asked Mr. Geers, Mr. Dobroszi, and Mr. Burke to the podium to help us understand the timeframe needed for these Ordinances.  Mr. Geers responded that the timing is urgent and the timeframe is driven by the timing of the grant from OKI and Ohio Public Works Commission.  Paperwork is needed ASAP to stay on track as construction must begin in March of 2007.  A $1 Million grant could be lost if the project slips.

 

Mr. Sanker then asked Mr. Burke if checks need to be cut from the fund and escrowed with the courts until deals are finalized.  Mr. Burke responded that these small parcels are being appropriated on a quick take basis where the only matter to be negotiated is the final amount.  By proceeding as planned, the road widening project can continue in parallel.

 

Mr. Sanker asked how long this effort has been underway.  Mr. Geers confirmed and added that this effort began in earnest in 2002 well prior to the Linden Pointe plans; in fact this work began while there was discussion of the Heart Hospital.  When Neyer became involved, they performed a separate traffic study and provided a bridge loan which has really been the impetus to continue this work.

 

At this point, President Pro-Temp Mr. Moore noted that Ms. Grote is now present and requested a pause while she assumes the chair for the remainder of the meeting.  Ms. Grote thanked Mr. Moore for sitting and Council proceeded with consideration of the motion on the floor.

 

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. Mumper, seconded by Ms. Kelly, it was moved to pass the ordinance.  All members present voted YES.

 

D) ORDINANCE TO APPROPRIATE CERTAIN REAL PROPERTY FOR PUBLIC USE AND THE IMPROVEMENT OF MONTGOMERY ROAD, NORWOOD AVENUE, ROSS AVENUE AND CARTHAGE AVENUE AND DECLARING AN EMERGENCY.

 

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

 

E) ORDINANCE TO APPROPRIATE CERTAIN REAL PROPERTY FOR PUBLIC USE AND THE IMPROVEMENT OF MONTGOMERY ROAD, NORWOOD AVENUE, ROSS AVENUE AND CARTHAGE AVENUE AND DECLARING AN EMERGENCY.

 

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

 

F) ORDINANCE TO APPROPRIATE CERTAIN REAL PROPERTY FOR PUBLIC USE AND THE IMPROVEMENT OF MONTGOMERY ROAD, NORWOOD AVENUE, ROSS AVENUE AND CARTHAGE AVENUE AND DECLARING AN EMERGENCY.

 

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

 

G) ORDINANCE TO APPROPRIATE CERTAIN REAL PROPERTY FOR PUBLIC USE AND THE IMPROVEMENT OF MONTGOMERY ROAD, NORWOOD AVENUE, ROSS AVENUE AND CARTHAGE AVENUE AND DECLARING AN EMERGENCY.

 

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

 

H) ORDINANCE TO APPROPRIATE CERTAIN REAL PROPERTY FOR PUBLIC USE AND THE IMPROVEMENT OF MONTGOMERY ROAD, NORWOOD AVENUE, ROSS AVENUE AND CARTHAGE AVENUE AND DECLARING AN EMERGENCY.   

 

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

 

As amended, Council then considered the following items:

 

M-1.   Letter from Joe Geers RE: Property from Norwood Venture & Linden Pointe.

 

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

 

M-5.   Letter from Ted Kiser RE: Substitute version of Ordinance.

 

Mr. Schneider asked Mr. Kiser to the podium and asked whether we could proceed given we are awaiting the final wording on this release as requested by Land Bank.  Mr. Kiser answered that we can and should proceed.  The release requested by Land Bank for the donation of the land is being requested by Land Bank and the follow up is presently in their hands.  The original wording of this release contained references to documents we have not been given the opportunity to review.  The release in question would be releasing them from any liability on this brownfield parcel.  There is always liability when accepting any land, and this is no different.  Given all the site tests it is the recommendation of the Law Department that this be passed.  To maintain the schedule we should proceed and follow up if/when the release is resolved to the satisfaction of all parties.

 

Mr. Moore asked if passing this Ordinance obligates us to sign this release.  Mr. Kiser responded that this absolutely does not obligate the City to the release; in fact any signed agreement would require an independent authorization from City Council.

 

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

 

I) ORDINANCE AUTHORIZING THE MAYOR AND/OR SAFETY-SERVICE DIRECTOR TO ACCEPT, ON BEHALF OF THE CITY, THE DONATION OF PROPERTY FROM NORWOOD VENTURE I, L.L.C. AND LINDEN POINTE L.L.C. FOR THE CONSTRUCTION OF WEST NORWOOD AVENUE SITUATED IN NORWOOD, OHIO 45212, AND DECLARING AN EMERGENCY.

 

Mr. Moore asked Mr. Dobroszi and Mr. Geers to the podium to give some details and describe the timing needs of this Ordinance.

 

Mr. Dobroszi began by clearly identifying the parcel in question, added to comments previously confirmed by Mr. Kiser, and stated that the timing requirements for this Ordinance are similar to the previous Ordinances on tonight’s agenda.

 

Mr. Moore stated that he is more than comfortable moving forward with this tonight and as the details are worked out regarding the release, we will consider at such a time.

 

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. Moore, seconded by Mr. Mumper, it was moved to pass the ordinance.  All members present voted YES.

 

 

I)      ADMINISTRATION REPORTS

Mayor Williams was present and mentioned that there will be an article in the Cincinnati Enquirer tomorrow that for a change is very positive.  It is good to have turned the corner and have this positive news coming through.  Mayor Williams acknowledged the successful negotiations with 3278, 914, and the Police Labor Union.  Mayor Williams thanked all involved for their cooperation.

 

Mayor Williams also shared that a sanitary sewer line backed up and came into the basement of the Foundation Bank.  MSD is investigating the root cause.  In the meantime, the manager at the bank came over seeking help from the Fire Department.  The Fire Department and Public Works aided in the initial clean up while awaiting MSD response.  This is just another example of the community we live in, where a personal touch, quick service, and response above the call of duty is the norm.  Foundation Bank was very appreciative.

 

Mayor Williams announced the Mr. Dick Lehman announced his formal retirement from the Planning Commission after more than thirty years of City service.  Mr. Lehman will be missed.  Ms. Bridget McGraw has been contacted and has agreed to fill this vacancy.  As a land use attorney she will continue to be a great asset to this community in this new role for her.

 

The Mayor mentioned that the construction has begun on the Williams Avenue Storm Sewer project.  While this will be an inconvenience for those in the area while construction is underway, this was a desperately needed and long awaited project and will be well worth it.

 

Mayor Williams closed by adding that the new leaf picker, new chipper, and new Paramedic Unit have all been delivered and are ready for operation.

 

When opened for questions Mr. Schneider asked the Mayor how he sees the budget process working in the future.  Mayor Williams responded that first and foremost we need numbers and accurate numbers.  We should continue to be frugal in all areas.  When presented with any project we should all ask how the project will be funded prior to taking any action.  Promises are great, but without the supporting funding they are simply empty promises.  The Finance Committee, the Department Heads, and the Administration will collaborate on the Final budget and we will maintain our current mentality of questioning any expense while delivering the services our community expects and needs.  The budget process is not autocratic, but is an inclusive process.

 

Mr. Moore asked if there have been plans put in place to stabilize the operation of the Auditor’s Office.  Mayor Williams responded that he has made several unsuccessful attempts to sit down and discuss this with Mr. Jones, who is away at the present time.  During crucial times we need everyone’s 100% effort and he is confident this will get resolved once given the chance. 

 

Mr. Mumper asked for the status of the Worth Avenue property that has been donated to the City.  Mayor Williams responded that plans are still in place for demolition, but issues have surfaced regarding plumbing and sewage disconnects.

 

J)     OTHER REQUESTS TO ADDRESS COUNCIL

 

K)    UNFINISHED BUSINESS

 

Mr. Sanker mentioned that he wanted to take a moment and recognize the collaboration between the Mayor’s Office, Mr. Geers. Mr. Dobroszi, Mr. Burke, Mr. Kiser and the Law Department, and all others involved.  This is a very important project and all involved have gone the extra mile.

 

L)    new Business

 

Mr. Gabbard thanked the Law Department for the quick response to the request for a tighter sexual predator Ordinance and asked Council’s recommendation for which committee should discuss this.  Mr. Moore recommended that this issue be placed in the Law and Ordinance Committee.

 

On a motion by Mr. Gabbard, seconded by Mr. Moore, it was moved to remove Communication M-4 from agenda and place it in the Law & Ordinance Committee.  All members present voted YES.

 

Mr. Schneider asked that the issue of modifying the Standing Rules of Council requiring all elected Officials be present at Council meetings be placed in to the Law and Ordinance committee.

 

Mr. Mumper requested that a letter be sent to the Law Department asking for a search of any active ordinances allowing pay raises up to 5% plus cost of living increases to City employees.

 

Mr. Moore asked that a letter be sent to the Law Department prepare an Ordinance providing for raises of appointed personnel consistent with the rate increase granted to the classified positions.

 

Mr. Schneider requested that the draft ordinance regarding Mayor budget submission be placed into the Law and Ordinance Committee.

 

M)COMMUNICATIONS

 

1.      Letter from Joe Geers RE: Property from Norwood Venture and Linden Pointe.

 

As amended, this item was considered previously.

 

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

 

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

 

3.      Letter from Recreation Dept. RE: Christmas for the Community

 

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

 

4.      Letter from Ted Kiser RE: Registered Sex Offenders.

 

As amended, this item was considered previously.

 

5.      Letter from Ted Kiser RE: Substitute version of Ordinance.

 

As amended, this item was considered previously.

 

N)  EXCUSE ABSENT MEMBERS

All members present.

 

O)  ADJOURNMENT

On a motion by Mr. Sanker, 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