Norwood City Council

Council Chambers

September 25, 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, 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 I-A.  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

There were no Standing Committee Reports.

 

H) INTRODUCTORY READING OF RESOLUTION

 

A) RESOLUTION AUTHORIZING THE MAYOR OR SAFETY-SERVICE DIRECTOR TO MAKE APPLICATION FOR FISCAL YEAR 2008 STATE CAPITAL IMPROVEMENT PROGRAM FUNDS AND IF FUNDS ARE AWARDED TO EXECUTE GRANT AGREEMENTS ON BEHALF OF THE CITY

 

Mr. Schneider commented that in the past we have applied for grants and then if awarded and Ordinance would be returned to Council to approve executing grant agreements as a separate step.

 

Mr. Sanker responded that the Mayor and Safety Service Director communicate effectively with this Council and he has no concerns with the current wording with this particular Administration.

 

Mr. Moore directed a question to Mayor Williams or Mr. Geers regarding timing requirements of this Resolution.  Mr. Geers answered that this application is already in and this is the follow up paperwork.  The wording came directly from the Law Department from previous similar Resolutions.  Mr. Geers is not concerned with the wording either way but would like to move forward on this. 

 

Mr. Moore followed up by asking when funds would be awarded if granted.  Mr. Geers answered that funds would likely be awarded in early 2008.

 

Mr. Mumper reiterated that previous Resolutions in front of this Council and previous Councils have contained the same wording and he doesn’t feel this is an issue.

 

Mr. Moore noted that early 2008 is a long way away and it’s important that the wording is consistent with the requirements of the State.  It’s better to get this right and asked that if we have the first reading that the Law Department follow up on exact wording.

 

On a motion by Mr. Schneider, seconded by Mr. Gabbard, it was moved to amend the caption of the resolution by taking out AND IF FUNDS ARE AWARDED TO EXECUTE GRANT AGREEMENTS ON BEHALF OF THE CITY, and by removing Section 2 of the resolution.  The following members voted YES: Mr. Gabbard, Mr. Schneider and Mr. Moore.  The following members voted NO: Mr. Sanker, Mr. Barlow and Mr. Mumper.  With a tie vote, Ms. Grote voted YES and the motion PASSED.

 

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

 

As amended, Council then considered the following item:

 

I) INTRODUCTORY READING OF ORDINANCE

 

A)  ORDINANCE AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC SERVICE-SAFETY TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACTS FOR THE 2007 STREET REPAIR AND MAINTENANCE PROGRAM FOR VARIOUS STREETS WITHIN THE CITY OF NORWOOD IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000) FOR 2007, AND DECLARING AN EMERGENCY

 

Mr. Schneider noted the same concern with wording of this Ordinance and added that the Safety Service Director acts under the direction of the Mayor and not Council.

 

Mr. Sanker noted that this Ordinance when and if passed will be signed by the Mayor and that the Mayor signing the Ordinance puts this into law and therefore the law directs the Director of Public Service-Safety.

 

Mr. Schneider added that this is a chain of command issue.  Council cannot direct the Safety Service Director and all mentions of this in previous Ordinances should be addressed.

 

Mr. Mumper commented that there are significant occurrences of this wording in previous Resolutions and Ordinances and retracting this from previous Ordinances and Resolutions would be cumbersome and meaningless.  When and if passed this is not Council’s law it is a City law and therefore there is not a chain of command issue.

 

Mr. Schneider asked a question to the Mayor or Mr. Geers if this would include multiple contracts.  Mr. Geers explained that these projects would be opened for bid and then a single contract would be granted to a single General Contractor. 

 

Mr. Sanker added that we are splitting hairs and the timing is suspect.  We have a chance to do something positive as we approach the end of the 2007 year.  This Council has no evidence that this Administration would not act in good faith and as such we should move this along and show progress.

 

Mr. Moore, Mr. Mumper, and Mr. Gabbard suggested that the wording is less important than moving forward with this effort. 

 

On a motion by Mr. Schneider, seconded by Mr. Gabbard, it was moved to amend the caption of the ordinance by taking out AND DIRECTING, and by replacing the word “contracts” with contract.  All members present voted YES.

 

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

 

J) ADMINISTRATION REPORTS

 

Mayor Williams noted that the 50 year Anniversary of the Norwood Chamber of Commerce was a wonderful event.  It is remarkable that some businesses have been members for 50 years.

 

Mayor Williams also mentioned that the Montgomery Rd. realignment project is progressing.  The westbound 562 ramp is now closed and the unsightly metal poles supporting traffic lights over the intersection have been removed.  This is a major project for the City.

 

Lastly, Mayor Williams mentioned that he recently had an opportunity to walk around the Community Center with Mr. Lindner and discussed the recent consolidation and uses of the facility including the Recreation Commission, Police Substation, Norwood Historical Society and other organizations and events.  Shortly thereafter Mayor Williams received a call from Mr. Lindner’s secretary informing him that Mr. Lindner had issued a $150,000 donation for renovations to the Community Center.  Mayor Williams thanked Mr. Lindner for his continued support.  Mr. Lindner commented that he liked the direction the City is heading and believes we are in the midst of a real and long term rebirth.  We all thank him for his continued generosity to the City.

 

When opened for questions, Mr. Schneider asked the Mayor and Mr. Geers what would be done with the funds allocated for streets.  Mr. Geers responded that these funds were originally allocated to cost overruns for the Montgomery Rd project but that these will not be needed for this project and we thought the City could get some additional streets completed in 2007 with these funds.  This could fund 2-4 streets this year and will include road milling, overlaying, repair expansion and some curbs.

 

Mr. Gabbard mentioned that he noticed some rough spots at the Montgomery Rd. and Norwood Avenue intersection.  Mayor Williams mentioned that this has been noted and will be addressed just before completion of the project.

 

Mr. Gabbard then asked if there was any progress on a recently condemned apartment building at 1802 Sherman Ave.  Mayor Williams answered that the owner is seeking a bankruptcy ruling.  This owner has several properties in the City and all are problems.

 

Mr. Sanker mentioned that he has had several discussions with residents near X.U. and asked Mayor Williams how the students have been as school has started.  Mayor Williams mentioned that there have been the same minor problems at the beginning of the year, but history has shown that when we show our presence early we can eradicate these problems fairly quickly and the students get the message – word travels fast.  The University has been very cooperative and proactive in assisting our efforts this year in particular.

 

K) OTHER REQUEST TO ADDRESS COUNCIL

There were no requests to address Council.

 

L) UNFINISHED BUSINESS

 

Mr. Moore asked that a letter be sent to the Law Department asking for the origin of the wording contained in Resolution A).

 

Mr. Sanker asked that a letter be sent to the Building Department regarding the status of the property on Mills Ave. that we have had orders on.

 

Mr. Moore thanked Mr. Shelby of the Building Department.  There was a rental property with several issues and Mr. Shelby worked with the owner and directly with the tenants and the situation has improved immensely.  Mr. Moore encouraged everyone to call and address problems before they escalate.  Council, the Police Department, the Building Department, the Mayor and others don’t see everything and count on residents to alert us to situations before they become significant problems.

 

M) NEW BUSINESS

 

Mr. Gabbard asked that a letter be sent to the Law Department asking that a representative attend the next few meetings.  During an election year there are always questions and wording issues that could be handled more effectively with their guidance.

 

N) COMMUNICATIONS

 

1.   Letter from Donna Laake RE: Freon Removal & Tire Drop Off Event

 

Mr. Sanker urged residents to take advantage of this rare opportunity to rid their homes of items that will not be picked up by the normal Rumpke service.

 

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

 

2.   Letter from Donna Laake RE: Healthy Ohio – Healthy Communities

 

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 Donna Laake RE: Abatement of High Grass/Weeds

 

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

 

4.   Letter from Chief Goodman RE: Smoke Showing Cancelled

 

Mr. Mumper noted that the organizers of the Smoke Showing wanted 25 attendees and only 11 confirmed their attendance.  Four of those eleven were from Norwood City Council so we certainly hope that this is rescheduled.

 

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

 

O)  EXCUSE ABSENT MEMBERS

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

 

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