Norwood City Council

Council Chambers

March 27, 2007

 

 

 

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, 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 Committee Report G-3) and Ordinance J-E).  All members present voted YES.

 

F)   requests to address council on agenda items

There were no requests to address Council.

 

G)  REPORTS OF STANDING COMMITTEES OF COUNCIL

 

1.      Community Development RE: Surrey Square

 

Mr. Moore noted that a Development Agreement does not exist and therefore we have no authority to demand design reviews.  New Plan, Inc however has been very good about working with Council and the Administration.  Mr. Moore asked Mayor Williams if there has been any contact since the Community Development meeting.  Mayor Williams responded that there hasn’t been much contact in the last week but progress is being made on this very important development.  There was an issue identified with dumpsters but Mr. Geers is addressing this.

 

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved to accept the

report.  All members present voted YES.

 

2.      Community Development RE: Building Department Fee Schedule

 

Mr. Moore commented that he had previously asked that this be placed in committee, but since this time additional clarification has been provided.  This essentially rounds fees up to the nearest $5.  This also raises Rental Certificates slightly.

 

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved to accept the

report and to add the Ordinance to the Agenda as item I-B).  All members present voted YES.

 

As amended, Council then considered the following item:

 

3.      Finance & Audit RE: 2007 Appropriations

 

Mr. Schneider mentioned that there was considerable discussion on some of the City’s computers.  Many departments, including the Building Department, are in dire need of upgrades and replacements.

 

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to accept the

report.  All members present voted YES.

 

H)  THIRD READING OF RESOLUTIONS

 

A)    RESOLUTION ADOPTING THE CITIES READINESS INITIATIVE (CRI) PLAN, AND DECLARING AN EMERGENCY

 

Mr. Schneider commended Ms. Laake on this effort.

 

On a motion by Mr. Schneider, seconded by Mr. Moore, it was moved to hear the third reading 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.

 

I)      SECOND READING OF ORDINANCES

 

A)    AN ORDINANCE AUTHORIZING THE MAYOR AND/OR SAFETY SERVICE DIRECTOR TO SIGN AN “ACKNOWLEDGEMENT AND RELEASE” CONCERNING DONATED PROPERTY TO BE USED FOR THE REVITALIZATION OF NORWOOD AVENUE, AND DECLARING AN EMERGENCY

 

Mr. Schneider commented that this was discussed over several Council meetings and based on that discussion and the timelines shared, this should be passed tonight.

 

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

 

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

 

As amended, Council then considered the following item:

 

B)     ORDINANCE AMENDING THE PROVISIONS AND FEE SCHEDULES UNDER CHAPTER 1305.05 OF THE NORWOOD CODIFIED ORDINANCES, AND DECLARING AN EMERGENCY

 

Mr. Moore mentioned that the Building Department is self sufficient.  Raising the fee schedule as proposed will insure this department remains budget neutral. 

 

On a motion by Mr. Sanker, seconded by Mr. Moore, it was moved to hear the second and third reading 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.

 

J)  INTRODUCTORY READING OF ORDINANCES

 

A)    ORDINANCE PROMOTING THE “CITY WIDE STREET SALE” AND ABATEMENT OF ALL PERMIT FEES ASSOCIATED WITH THE SALE

 

On a motion by Mr. Barlow, seconded by Mr. Mumper, it was moved to suspend the rules and hear all three readings of the ordinance with the first in its entirety.  All members present voted YES.

 

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

 

B)     ORDINANCE AUTHORIZING THE LAW DIRECTOR TO ENTER INTO A CONTRACT PROVIDING FOR AN ASSISTANT LAW DIRECTOR

 

Mr. Moore asked Law Director, Mr. Gibson to come forward and provide an explanation.

 

Mr. Gibson explained that Ted Kiser has accepted a position at the Hamilton County Prosecutors Office.  While there has been some attempt to find a replacement Assistant Law Director, it does not make sense to fill with a short term replacement.  Mr. Kiser is willing to do this work on a part time basis.  This contract expires at the end of the year when a qualified replacement can be identified.  This is a bargain price for the experience that Mr. Kiser will bring to this part time job.

 

Mr. Sanker expressed concern regarding important items falling between the cracks or issues when we need a representative in court.  Mr. Gibson responded that while logistics are still being finalized, coverage downtown should not be a problem since both Mr. Gibson and Mr. Kiser will be downtown full time and will be adequately able to represent the City in these matters.

 

Ms. Kelly asked if there are any other cities our size without full time legal counsel.  Mr. Gibson answered that our size is unique in the surrounding area, but there are many smaller cities that do have part time legal personnel.

 

Mr. Moore commented that the rate proposed will decrease costs but there is still concern that the same amount of work will not be completed as necessary.  This is a busy job working on agreements, research, and Mayor’s Court responsibilities.  While there is concern, we should pass this tonight and monitor progress and address if issues arise.

 

Mr. Moore added that this is not necessarily unique to the Law Department as the Tax Commissioner and Deputy Auditor also work on a part time basis.  This is common particularly when these are appointed positions with expiring terms and unknown certainty for the longer term.  This is a possible argument for a Charter form of government where key positions are not subject to such high turnover associated with the appointments by elected officials.

 

Mr. Sanker noted that this places a higher responsibility with the secretary of the Law Department given that she will be the only one in the office on a regular basis.  Mr. Sanker encouraged Mr. Gibson and Mr. Kiser to closely monitor the situation.

 

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

 

C)    ORDINANCE AUTHORIZING THE MAYOR AND/OR LAW DIRECTOR TO ENTER INTO A SETTLEMENT AGREEMENT WITH CAPTAIN KEITH BELLEMAN FOR ALL CLAIMS AGAINST THE CITY OF NORWOOD

 

On a motion by Mr. Moore, seconded by Mr. Schneider, 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.

 

D)    ORDINANCE AUTHORIZING THE MAYOR AND/OR SAFETY-SERVICE DIRECTOR TO ENTER INTO A TRANSFER OF LAND AGREEMENT FOR A PORTION OF DONATED LAND TO BE USED TO REVITALIZE WEST NORWOOD AVENUE, AND DECLARING AN EMERGENCY

 

Mr. Moore asked Mr. Geers and Mr. Kiser to the podium to address the timeline requirements for this Ordinance. Mr. Geers mentioned that this goes hand in hand with the other Ordinances related to this project and should really be passed tonight in order that the project is not delayed.

 

Mr. Moore highlighted the differences between this version and the previous.  Mr. Kiser added that this version is much better.  There was some delay in getting the deed in order but that is underway and should arrive this week.

 

Mr. Mumper asked the Mayor for his plans in signing if Council passes tonight.  Mayor Williams responded that he will delay his signature until the deed has arrived.

 

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

 

As amended, Council then considered the following item:

 

E)     ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2007

 

Mr. Sanker noted that the revisions are as described in the committee report. 

 

Mr. Schneider noted that the Building Department has written orders on a few City buildings.  Funds have been appropriated to address these concerns, but this shows that this is not a one-way street.

 

Mr. Moore added that this is neutral as compared to the existing Appropriations due to the cuts in liability insurance.

 

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.  All members present voted YES.

 

K)  ADMINISTRATION REPORTS

 

Mayor Williams was present and noted that Brinkley’s restaurant has closed its doors.  This was a very nice restaurant and it is a real shame that the restaurant and hotel couldn’t work out a long term relationship.  Mayor Williams mentioned that he had spoken to the manager and expressed his concern.  That facility is every bit as important to the City of Norwood as any other development.  Mayor Williams mentioned that he will pay weekly visits to the manager and will monitor progress.

 

Mayor Williams also commented that the recent good weather has brought an increase to the usage of the parks and encouraged all residents to call the Police if you observe anyone misusing the parks and recreation equipment.  We cannot let individuals that are not treating the parks with respect run us out of the parks.

 

Mayor Williams announced that the bids for the Montgomery Rd. realignment project are open until April 4th.

 

The Mayor also announced that Ms. Donna Laake and Officer T.A. Brown both have applications submitted for the Miller Valentine Office Makeover for the Health Department and the E-911 call center, respectively.  If one of our projects wins this would yield up to a $100,000 makeover.

 

The Mayor added that he had had a conversation with the Assistant Law Director regarding our appeal of the unemployment claim.  This claim was based on a former employee that left the City for another job in which she was terminated and subsequently filed an unemployment claim against the City.  This is still in the appeal process.

 

When opened for questions, Mr. Mumper asked if there is a process to periodically evaluate our park and recreation equipment for safety concerns.  Mayor Williams responded that there is a regular review and unsafe equipment is taken out of service. 

 

Ms. Kelly added that there is a possible $10,000 grant offered by Hamburger Helper.  An application has been submitted for the equipment at Burwood Park.  Votes and comments can be submitted on the park’s behalf at HometownHelper.com.

 

Mr. Schneider asked if there are any plans to replace the concrete section on Smith near the Shell Hill.  Mayor Williams agreed that this is a problem area and that Public Works is working on the options for that area.  We are looking at all of our street and road issues and prioritizing based on our available funds.

 

Mr. Gabbard asked if we can put the new chipper to work cleaning out the brush near the courts at Waterworks Park.  Mayor Williams confirmed that this will be a top priority.  Mr. Gabbard added that by Spring the Waterworks Park will be a beautiful showcase with the recent additions provided by Mr. and Mrs. Lindner and encouraged all residents to visit the park.  Mayor Williams concurred and again expressed appreciation for the ongoing generosity of the Lindner Family.

 

Mr. Schneider asked if anything could be done to upgrade the locker room and showers at Waterworks.  Mayor Williams responded that he will address this with Mr. Lindner’s representatives. They want first class upgrades and as such we cannot do everything at once.

 

L)  OTHER REQUEST TO ADDRESS COUNCIL

There were no requests to address Council.

 

M)  UNFINISHED BUSINESS

 

N)  NEW BUSINESS

 

Mr. Gabbard mentioned that he had the opportunity to speak to the Williams Elementary 5th grade class and encouraged all Council members to do the same if given the opportunity.  There were some great questions and insights from the kids regarding many current and active City projects including the parks, the Williams Avenue construction, and Surrey Square.  Mr. Gabbard read two letters he received that highlight the pride these students have in their community.

 

Mr. Schneider again encouraged residents to provide their comments on the application for an upgrade to the Burwood Park recreation equipment with the Hamburger Helper grant.  Please visit HometownHelper.com and post comments to help this effort through the selection process.

 

Mr. Barlow provided an update on the City’s computer situation.  A consulting proposal has been received to assist us in using E-Gov to its full potential and is being considered.  Mr. Barlow asked that this proposal be placed into Council’s Committee of the Whole.

 

Mr. Barlow also noted that spring has sprung and thanked Ms. Donna Laake, Ms. Rene Dierker, and Ms. Linda Prues for their efforts in beautifying Norwood by landscaping several areas throughout the City.

 

Mr. Sanker reminded residents that the Easter Egg Hunt is Saturday March 31st at 10:00am at Waterworks Park.

 

O)  COMMUNICATIONS

 

1.      Letter from Donna Laake RE: Dumpster for tire drop off

 

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

 

P)  EXCUSE ABSENT MEMBERS

All members present.

 

Q)  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