Norwood City Council

Council Chambers

October 9, 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

 

Mr. Mumper served as Clerk of Council, Pro-Tem

 

E)   AMENDMENT OF AGENDA

On a motion by Mr. Sanker, seconded by Ms. Kelly, it was moved to amend the agenda by adding Ordinance J-B).  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: Cornerstone Design Review

 

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

 

2. Community Development RE: Smith Barney

 

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

 

3. Law & Ordinance RE: Vacant Property

 

Mr. Moore explained that this draft is modeled after the City of Cincinnati’s Ordinance that sets up a vacant property licensing system.  If the property is vacant and has orders on it from the Building Department, the owner is required to get a license to maintain a vacant property and to secure the property against further damage.  If owners don’t pay the fees, a lien can be placed on the property and in some cases Cincinnati has started foreclosure on the property. 

 

Mr. Sanker added that we are trying to draft something that gives the Building Department and the City of Norwood a little more bite to go after the vacant properties that are located around the city.  There have been discussions during Community Development Meetings regarding different ideas of what we can do to add to this particular Ordinance.  Council took a tour in a recent Committee of the Whole meeting and looked at some of these vacant properties.  It’s critical that we move forward to put something in place to give the city a little more support in dealing with vacant properties and absentee landlords. 

 

On a motion by Mr. Sanker, seconded by Ms. Kelly, it was moved to accept the report and to send a copy of the report to the Committee of the Whole.  All members present voted YES.

 

4. Law & Ordinance RE: Sexual Predators

 

Mr. Moore explained that this references our work in monitoring what Cincinnati and other communities have done with this issue and what is or is not included within the boundary area.  Mr. Moore asked Assistant Law Director Mr. Brown to the podium to provide an update on this issue.  Mr. Brown responded that a draft has been prepared and reviewed.  The draft includes a 1000 foot radius around certain locations including parks, schools and other such location where there is a high population of children.

 

Mr. Moore asked if Mr. Brown was comfortable with the language in the draft.  Mr. Brown confirmed that he was comfortable with the language at this stage.  Mr. Brown explained it expands the provisions of the Ohio Revised Code allowing the City certain additional controls.  Mr. Moore asked that the Ordinance be prepared for the next Council meeting.

 

Ms. Grote added that the Ohio Supreme Court recently accepted a similar case and asked Mr. Brown if he expects that to have any effect.  Mr. Brown responded that depending on how the Ohio Supreme Court rules, we may have to adjust the language.  There is still a gray area whether or not the City can expand this buffer zone.     

 

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

 

5. Law & Ordinance RE: Budget Information to Council

 

Mr. Schneider mentioned that the Law & Ordinance Committee discussed several Ordinances that have been passed by previous Councils regarding the budgetary process.  Mr. Schneider believes these were likely put in place during the Sanker Administration but have since been largely ignored.  We are still researching how to proceed in putting teeth in these Ordinances.

 

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

 

6. Law & Ordinance RE: Council Rules

 

Mr. Moore noted that it was not his intention that Council Rules be amended but rather to consider current procedures for Executive Session including possible relocation to Conference Room B for Executive Sessions.  Mr. Moore added that at times it may be appropriate for Council to move rather than members of the Audience.  In a recent example, Council went into Executive Session early in the meeting.  There were a several people in the audience who had to stand out in the hallway for 45 minutes.  On the other hand there are times where it may be impractical for Council and other required attendees to relocate.  Most of the time however, Executive Sessions are held at the end of the meeting where this is not an issue, but encouraged Council to submit their opinion.

 

Mr. Sanker asked Council could amend the wording in the Council Rules to “as needed” or “as required”. 

 

Mr. Gabbard asked if Council could just make a motion at the time of the Executive Session that suggests a location for the Executive Session based on the circumstances instead of going through changing the Rules of Council.

 

Ms. Grote responded that if Council wants to make it mandatory, it would need to become an amendment to Council Rules.  If Council wants to make it discretionary, a motion can be made at the time of entering Executive Session or it can be left up to the discretion of the President of Council.

 

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

 

7. Law & Ordinance RE: Changing Council Rules

 

Mr. Moore asked Assistant Law Director Mr. Brown to come forward to explain the Ordinance.  Mr. Brown explained the opinion of the Law Department requiring elected officials be present for Council meetings.  Mr. Brown explained his understanding of the Ohio Revised Code and the Standing Rules of Council.   Mr. Brown then answered questions from Council.  Mr. Brown noted that he would like an opportunity to finalize his research before submitting his formal opinion on the matter.

 

Mr. Moore asked the Mayor for his opinion on requiring all elected officials be present for Council meetings.  Mayor Williams commented that personally it wouldn’t affect him, but he can see where this may be over the top for some elected officials if there isn’t a pertinent matter concerning their office on the agenda.  Mayor Williams added that it may be best to request attendance on particular items or better yet to invite officials and engage in less formal discussion during committee meetings.

 

On a motion by Mr. Sanker, seconded by Mr. Schneider, it was moved to accept the report and to forward the Committee report to the Law Department.  All members present voted YES.

 

H) SECOND READING OF RESOLUTION

 

A) RESOLUTION AUTHORIZING THE MAYOR OR SAFETY-SERVICE DIRECTOR TO MAKE APPLICATION FOR FISCAL YEAR 2008 STATE CAPITAL IMPROVEMENT PROGRAM FUNDS, AS AMENDED

 

Mr. Schneider asked the Assistant Law Director how the specific wording for such legislation is determined and if the wording directing the Safety Service Director to enter into agreements is present in similar legislation.  Mr. Brown responded that the 2007 Resolution was based on the 2006 Resolution and this language was also present in the 2005 version.

 

Mr. Schneider expressed his concern regarding making this a one step process rather than a two step process.  Mr. Schneider stated that this wording was not present in legislation prior to 2005 when he was previously involved and asked the Law Department to look into prior years.

 

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

 

On a motion by Mr. Sanker, seconded by Mr. Schneider, it was moved to pass the Resolution, as amended.  All members present voted YES.

 

I) INTRODUCTORY READING OF RESOLUTION

 

A) RESOLUTION DECLARING IT TO BE THE DESIRE OF COUNCIL THAT HALLOWEEN TRICK-OR-TREAT BE CELEBRATED BETWEEN THE HOURS OF 6:00 P.M. AND 8:00 P.M. ON WEDNESDAY OCTOBER 31, 2007 AND DECLARING AN EMERGENCY

 

Mr. Gabbard expressed his desire to extend the trick or treat hours to 9:00pm to accommodate nightfall due to the modification of the Daylight Savings Time.  Mr. Gabbard has had several requests from those that have displays to allow for Halloween hours during darkness.

 

Mr. Mumper mentioned that those with smaller children may actually prefer that trick-or-treat hours are conducted during daylight hours.

 

Mr. Sanker mentioned that it is important that we fall in line with surrounding communities unless we want confusion on start time or an influx of trick-or-treaters when their community’s hours are over.  Mr. Sanker suggested a slight modification if anything.

 

On a motion by Mr. Gabbard, with no second, it was moved to change the Trick-or-Treat hours to 6:30 p.m. and 8:30 p.m.  The motion failed without a second.

 

On a motion by Mr. Gabbard, seconded by Mr. Sanker, it was moved to change the Trick-or-Treat hours to 6:00 p.m. and 8:30 p.m.  The following members voted YES: Mr. Gabbard, Mr. Sanker, Mr. Schneider, Ms. Kelly and Mr. Barlow.  The following members voted NO: Mr. Moore and Mr. Mumper.  The motion passed.

 

On a motion by Mr. Schneider, seconded by Mr. Gabbard, it was moved to hear the first reading of the Resolution, as amended.  All members present voted YES.

 

J) INTRODUCTORY READINGS OF ORDINANCES

 

A) ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE PURCHASE OF 2,000 TONS, MORE OR LESS, OF SALT AT BULK RATE AND DECLARING IN EMERGENCY

 

Mr. Schneider mentioned that he has concerns with the clause allowing the entering into a contract without Council approvals but will vote for this for now.  Modifying this to require two separate steps will allow Council more control over the contract details.

 

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

 

As amended, council then considered the following item:

 

B)  AN ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2007, AND DECLARING AN EMERGENCY

 

Mr. Sanker mentioned that the changes include modifications from the Water Department contractual funds to materials funds and to transfer funds into the street program keys as passed during the last Council meeting.

 

Mr. Schneider asked why a request to change appropriations was put through from the Chair of the Finance Committee without Committee involvement.  Mr. Sanker responded that these changes only include donations to certain programs and this will not change any expenses.  When donation are made for specific purposes there is no discussion necessary in order to appropriate these funds so that these funds can be utilized as desired by the donors.

 

Mr. Schneider followed up by asking if other departments may have had requests if there was an actual Finance Committee meeting.  Mr. Sanker responded that the Finance Committee meets as or more frequently than any other committee and if there are requests for funds we will call a meeting to discuss the request.  In this case however a meeting was not required.  These donations were for specific purposes and no additional discussion was necessary.  Meetings are called as necessary.

 

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

 

K) ADMINISTRATION REPORTS

 

Mayor Williams was present and mentioned that leaf collection will begin Monday and are scheduled for each street on the same day as their garbage pickup.

 

Mayor Williams also mentioned that as the need arises for law enforcement we send in increased Police support to address problem areas.  We have received several complaints near Cleveland Ave. and Chief Schlie has had additional manpower in this area.  The result of this increased presence was three felony arrests and quite a few infractions related to drug and alcohol use.  At one point, Police Officers received applause from neighbors as arrests were being made.  This is just one example and we will continue to address these issues as the need arises.

 

The Mayor added that he attended a ceremony for the Norwood High School Alumni Hall of Fame.  Mayor Williams presented Proclamations to several alums and it was an honor to have these folks come home and to hear comments from them on the City’s progress. 

 

Mayor Williams also mentioned that the parking meters have been removed at Sherman and Station at the request of surrounding businesses.  The intent is to encourage customers to these areas, not to provide long term parking.  A four hour parking limit is posted and will be enforced.

 

Mayor Williams also commended Council’s efforts on the Sexual Predator issue.

 

When opened for questions, Mr. Gabbard asked if the parking meters on Elm could also be removed since those parking along Elm are normally doing City business.  Mayor Williams mentioned that this is an option but at the same time we don’t want City employees or nearby residents parking all day in these prime locations.

 

Mr. Mumper asked when the new phone system will be operational.  Mayor Williams noted that the contracts are being finalized now.  Once this is finalized they will need a few months to complete the networking project.

 

Mr. Sanker asked if there was a particular reason why there has been an increase in State Patrol in the area.  Mayor Williams responded that the Ohio State Patrol targets certain areas at certain times based on their accident information and State funding.

 

In closing, Mayor Williams acknowledged Ms. Donna Laake and the Health Department for their recent Buckeye Best award from the State of Ohio.  Ms. Laake explained the program requirements and details.  Ms. Laake thanked Council for their support for allowing the School Buildings and the community to achieve Gold ratings for the wellness programs and related efforts.  The Police Department, Health Department, Norwood City Schools, and Norwood City Council all deserve our appreciation.  There were only six Gold awards in the State of Ohio for the “Healthy Community, Healthy Ohio” Program.

 

Ms. Laake also mentioned that City residents were able to fill two dumpsters full of old tires and 26 old air conditioners were turned in during our recent tire and freon removal program.

 

L) OTHER REQUEST TO ADDRESS COUNCIL

There were no requests to address Council.

 

M) UNFINISHED BUSINESS

 

Mr. Sanker reported an update on the Mills Avenue property that was visited on the Committee of the Whole tour of problem properties; the property has been transferred and it appears the new owners have taken some corrective action at this point.

 

N) NEW BUSINESS

 

O) COMMUNICATIONS

 

1.   Letter from Mayor RE: Mayor’s Court Fines – September 2007

 

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.

 

2.   Letter from Recreation RE: Waterworks Pool

 

On a motion by Mr. Moore, seconded by Mr. Schneider, it was moved that the letter be received and filed, and that a letter be sent to the Recreation Commission asking for quotes and a breakdown of costs.  All members present voted YES.

 

P)  EXCUSE ABSENT MEMBERS

All members were present.

 

Q)  ADJOURNMENT

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

 

 

 

 

 

 

 

______________________________            ______________________________

J. Brian Mumper                                          Jane M. Grote

Clerk of Council                                            President of Council