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 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
On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to amend the agenda by adding Ordinance H-A), H-B), and to consider these Ordinances immediately following their respective Public Hearings, and by adding H-C), H-D), and H-E). All members present voted YES.
F) APPROVE MINUTES FROM:
September
12, 2006, September 26, 2006, October 10, 2006 and October 24, 2006
On a
motion by Mr. Mumper, seconded by Mr. Moore, it was moved to approve the
minutes as if read. All members present
voted YES.
G) public hearings
Prior to opening the Public Hearings, Ms. Grote explained the rules governing Public Hearings.
1. 2042 & 2046 Courtland Avenue
When the Public Hearing opened, the following came forward to speak in favor of this Ordinance:
Mark Dierker, Architect representing owner Mr. T. Brundrett.
The Public Hearing closed when no one came forward to speak against this Ordinance.
The Chair noted that Mr. Gabbard is now present in Council Chambers.
As amended Council then considered the following item.
ORDINANCE ADOPTING THE PLANNING COMMISSION'S RECOMMENDATION TO APPROVE THE PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT SITE PLANS FOR 2042 AND 2046 COURTLAND AVENUE, NORWOOD, OHIO 45212, WITH CONDITIONS, PURSUANT TO THE RECOMMENDATION OF PLANNING COMMISSION
Mr. Moore thanked Mr. Dierkers and Mr. Brundrett for their proactive involvement in this issue and their willingness to meet with residents early and often. Mr. Moore also thanked the residents for working through this. While this isn’t ideal, and it is always hard to lose housing, it is a much better plan than it could have been without the cooperation of all parties.
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. Moore, seconded by Mr. Mumper, it was moved to pass the
ordinance. All members present voted
YES.
2.
Rentway -
When the Public Hearing opened, the following came forward to speak in favor of this Ordinance:
Wendy Moeller, representing RentACenter
Jerome Marsh, District Manager, RentACenter
Richard Tranter, representing management company Perrin Management.
The Public Hearing closed when no one came forward to speak against the Ordinance.
As amended, Council then considered the following item.
ORDINANCE DENYING THE APPLICATION FOR ALTERATIONS AND
EXPANSION OF THE RENTWAY STORE LOCATED AT 3855 MONTGOMERY ROAD, NORWOOD, OHIO
45212, PURSUANT TO THE RECOMMENDATION OF THE PLANNING COMMISSION.
Mr. Moore asked Mr. Marsh to the podium and asked if it was their intention to keep both the Norwood Plaza as well as the Central Parke stores open. Mr. Marsh answered that the plan is to keep both locations open as long as the Norwood Plaza location remains viable.
Mr. Sanker asked Mr. Tranter to the podium and asked what plans Perrin Management has for the center. Mr. Tranter answered that Perrin Management hopes to continue to eliminate the problems in the neighborhood as was done with Soupies Bar. There are other plans for the plaza as well, but the management company is not the owner and he cannot answer for the owner. Perrin Management has successfully turned around several B-Tier malls, including the Dillonvale location. Mr. Tranter added that the owner is reading the response to this request to determine how much the City supports the Norwood plaza prior to making future plans for investment.
Mr. Sanker responded that unfortunately the City is waiting for some positive action at this site before approving such requests. Mr. Sanker asked what possible plans may be in the works. Mr. Tranter responded that the number one priority is to stabilize the location; at that point discussions for improvements and reinvestment can begin.
Mr. Schneider asked Mayor Williams for perspective on the Planning Commission Recommendation. Mayor Williams responded that it has always been his position that we have to avoid certain businesses that cause concern for neighbors and other potential tenants. Rental is one of those types of businesses that have a negative connotation. This is a vitally important center and any tenant in the Norwood Plaza will affect that entire area. Rental retail currently has a concentration in the Norwood area. In addition, we cannot support a piecemeal plan for the Norwood Plaza. We really need to see a holistic plan for the center prior to approving this request. This was the feeling at the Planning Commission meeting and the feelings have not changed.
Mr. Moore added that we have heard that a perceived advantage was that there are no external improvement plans, that this is only an interior modification. This is ironic in that that we all acknowledge that the major thing the center needs is exterior improvements.
On a motion by Mr. Sanker, seconded by Mr. Mumper, it was moved to hear the first reading of the ordinance. All members present voted YES.
3. Land Swap between Land Bank, Linden Pointe and the City
When the Public Hearing opened, the following came forward to speak in favor of this Ordinance.
Anthony Hooks, spoke neither For nor Against this Ordinance, but expressed concern over the Brownfield site and any E.P.A liability the City may incur.
The Public Hearing closed when no one came forward to speak against. There was no associated Ordinance for this Public Hearing.
H) REQUESTS TO ADDRESS COUNCIL ON AGENDA ITEMS
I) REPORTS OF STANDING COMMITTEES OF COUNCIL
J) First Readings of ordinances
A) ORDINANCE ADOPTING THE PLANNING COMMISSION'S RECOMMENDATION TO APPROVE THE PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT SITE PLANS FOR 2042 AND 2046 COURTLAND AVENUE, NORWOOD, OHIO 45212, WITH CONDITIONS, PURSUANT TO THE RECOMMENDATION OF PLANNING COMMISSION
As
amended, this item was considered previously.
A) ORDINANCE DENYING THE APPLICATION FOR ALTERATIONS AND EXPANSION OF THE RENTWAY STORE LOCATED AT 3855 MONTGOMERY ROAD, NORWOOD, OHIO 45212, PURSUANT TO THE RECOMMENDATION OF THE PLANNING COMMISSION.
As
amended, this item was considered previously.
Council
then considered the following items:
B) ORDINANCE AMENDING ORDINANCE 73-1999, FIXING THE RAISES AND COSTS OF LIVING INCREASES OF APPOINTED EMPLOYEES TO THOSE GIVEN UNDER THE AFSCME 3278 BARGAINING AGREEMENT, AND DECLARING AN EMERGENCY.
Mr.
Moore commented that most of the positions in question have had flat salaries
for several years. This Ordinance
provides raises on the order of those granted to similar positions.
Mr.
Mumper mentioned that he would like to see an attachment to this that lists the
positions affected, and the schedule of rate increases.
Mr.
Schneider asked Mayor Williams for his thoughts on this. Mayor Williams responded that most of these
positions have not had a raise in more than three years. There have been stories in the past of 5%
raises plus a cost of living increase and he cannot support that at all, but
the 2% that this calls for is reasonable and a very well deserved increase.
Mr.
Gabbard asked if this was tied to the AFSCME contract for this year, and if so
if this is binding ongoing or just for this year. Mr. Gibson, Law Director, came forward and
answered that as written, this raise schedule would be bound to the AFSCME
contract until and unless repealed.
Ms.
Kelly asked whether or not there is an issue or conflict of interest in tying
this so tightly to the Bargaining Unit.
Mr. Gibson responded that he can certainly see that point.
Mr.
Gabbard added that this sounds similar to the ‘Me Too Clause’ discussed previously
in other contracts and while he agrees with the raise, he would like to move
away from the reference to the AFSCME contract.
On a
motion by Mr. Mumper, seconded by Mr. Moore, it was moved to hear the first
reading of the ordinance. The following
members voted YES: Mr. Sanker, Mr. Schneider, Mr. Moore, Mr. Barlow and Mr.
Mumper. The following members voted NO:
Mr. Gabbard and Ms. Kelly.
C) ORDINANCE MAINTAINING THE PART-TIME HOURLY TAX CLERK POSITION ESTABLISHED BY ORDINANCE 34-2005 FOR THE REMAINDER OF CALENDAR YEAR 2007, AND DECLARING AN EMERGENCY.
Mr.
Schneider asked if the Treasurer’s office or Law Director’s Office could help
explain the timeline for this Ordinance.
Mr. Gibson answered that this Ordinance would continue employment for
the current part-time tax clerk. This is
a position that is currently filled and without passage tonight that position
would at least be temporarily unfunded.
On a
motion by Mr. Schneider, 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. Moore, seconded by Mr. Schneider, it was moved to pass the
ordinance. All members present voted
YES.
D) ORDINANCE ESTABLISHING A PART-TIME TAX CLERK POSITION, WITHOUT BENEFITS, IN THE CITY OF NORWOOD FOR THE REMAINDER OF CALENDAR YEAR 2007 AND THROUGH APRIL 30TH OF 2008, AND DECLARING AN EMERGENCY.
On a
motion by Mr. Schneider, seconded by Mr. Moore, it was moved to table the
ordinance until the next Council meeting.
All members present voted YES.
K) ADMINISTRATION REPORTS
Mayor
Williams was present and mentioned that there is a meeting planned for January
16th at the Community Center where the WNNA will present a $4,000
check to the Police Substation. Mayor
Williams encouraged all to attend.
Mayor
Williams mentioned that he attended the most recent Chamber of Commerce meeting
and was very encouraged by attendance.
There were many new members including representatives from Linden
Pointe, Cornerstone, as well as the new owners of Surrey Square. We continue to hear great positive comments
from the business community.
Mayor
Williams then read the Annual Mayor’s Report to Council.
When
opened for questions, Mr. Moore asked if there was any update from the State
regarding our Fiscal Watch Status. Mayor
Williams responded that after initial discussions with the State Auditor’s
Office and Mr. Jones, we will work together in a cooperative fashion and hope
to be officially out of Fiscal Watch Status early this year.
Mr. Schneider
asked about the cost and advantages of hiring a negotiator to work with the
Collective Bargaining Units. Mayor
Williams answered that he will get back to Council on final cost, but it was
certainly worthwhile. The negotiator was
effective and the bargaining units were cooperative.
Mr.
Schneider asked about the status of the Budget Analyst. Mayor Williams responded that this is still a
very important position, but we are having trouble filling the position with
the wage being offered.
Mr. Schneider
also asked if the Mayor had planned on submitting a budget for the 2007 Fiscal
Year. Mayor Williams responded that
budgets will be worked as an inclusive process with several discussions with
department heads and Council’s Finance Committee. The most important aspect needed at this
point is accurate numbers from the Auditor’s Office.
Mr.
Schneider mentioned that Section 705.18 of the Ohio Revised Code declares that
the budget must be submitted by the Administration. Mayor Williams responded that he is unaware
of that requirement, but added that there is no need to add additional
bureaucracy and red tape. We need a very
open process where we can work efficiently and effectively to determine final
numbers.
Mr.
Moore added that he did not think that this section of the Ohio Revised Code
applied to Statutory forms of government.
Mr.
Gibson was also present. Mr. Gibson
stated that while the State Auditor’s report recommended that we discontinue
payments to the C9 Trust, they would not formally endorse that plan. Luckily the Law Department’s position was to
take a more conservative approach and to continue C9 Trust payments. Recently, a local City was required, by Court
Order, to continue their C9 Trust payments.
Had we followed this early recommendation we would once again be in debt
to another creditor.
Mr.
Gibson also provided an update on the aggressive approach we are taking against
Sex Offenders in our area. The Law
Department would like draft an Ordinance that includes restrictions on residing
within a specified area of parks, malls, arcades, and recreation facilities.
Mr.
Moore mentioned that this type of activity in other municipalities is being
questioned in Court. Mr. Gibson
responded that while this is accurate and we are awaiting decisions, we can
still be cautious and enact these Ordinances while we await a decision.
L) OTHER REQUESTS TO ADDRESS COUNCIL
M)UNFINISHED BUSINESS
Mr. Moore offered his perspective on the Budget Analyst position and declared this is not a dead issue. We must continue to pursue a qualified candidate for this position. In recent years, Council has taken control and we have involved others in the process as necessary, due to the financial situation we have had to focus very short term. It is vitally important that we have some assistance in long range budgeting and planning.
Mr. Schneider agreed that the inclusive process is effective but wants to make sure we have a process to work out the budget. We have a Mayor who is very willing to work with Council and we need to continue to look forward. We need to plan now, we don’t want to be forced to pass the final budget on March 31st.
Mr. Mumper agreed that we need a process. But the first stage in that process is to get accurate numbers. Currently we don’t have any numbers due to the unfortunate circumstances in the Auditor’s Office.
N) NEW BUSINESS
Mr.
Mumper noted that he had brought a few articles from area newspapers on
possible redevelopment opportunities and asked the Clerk to make copies and
forward to Council and the Administration as appropriate.
O) COMMUNICATIONS:
1. Letter from
Donna Laake RE: Dr. Felix O'Donnell
On a motion from Mr. Sanker, seconded by Mr. Mumper, it was moved that the letter be received and filed. All members present voted YES.
2. Letter
from John Hanrahan RE: December 2006 Report & 4th Quarter Report
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.
P) EXCUSE ABSENT MEMBERS
All
members present.
P) ADJOURNMENT
On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to adjourn. All members present voted YES.
______________________________ ______________________________
J. Brian Mumper Jane
M. Grote
Clerk of Council President
of Council