Norwood City Council

Council Chambers

October 23, 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. Moore, seconded by Ms. Kelly, it was moved to amend the agenda by adding Ordinances J-B), J-C), J-D), and Communications O-5) and O-6).  All members present voted YES.

 

F)   APPROVE MINUTES FROM PREVIOUS MEETING

7/19/07, 7/20/07, 7/23/07, 8/7/07, 8/8/07, 8/9/07, 8/14/07, 8/20/07, 8/21/07 and 8/28/07

 

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to approve the minutes as if read.  All members present voted YES.

 

G)  requests to address council on agenda items

There were no requests to address Council.

 

H)  REPORTS OF STANDING COMMITTEES OF COUNCIL

 

1. Finance & Audit RE: 2007 Appropriations

 

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: Hallmark Sign

 

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

 

I) SECOND READING OF RESOLUTION

 

A) 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 8:30 P.M. ON WEDNESDAY OCTOBER 31, 2007 AND DECLARING AN EMERGENCY, AS AMENDED

 

Mr. Mumper noted that he would prefer to stick with the more traditional Halloween hours but can go along with this for the sake of moving forward.

 

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

 

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

 

J) INTRODUCTORY READING OF ORDINANCE

 

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

 

Mr. Schneider explained that the Finance and Audit committee discussed these necessary changes primarily to Contractual and Materials keys. 

 

Mr. Sanker noted that he had spent some time with the Auditor’s department to take care of some outstanding requisitions and this change in appropriations reflects those outstanding requisitions.

 

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

 

As amended, council then considered the following items:

 

B)  ORDINANCE NAMING THE NEW STREET AND PUBLIC RIGHT-OF-WAY BETWEEN MONTGOMERY ROAD AND SECTION AVENUE JOSEPH E. SANKER BOULEVARD

 

Mr. Schneider mentioned that he always admired Mayor Sanker growing up.  Mayor Sanker always held himself at a high level as a public official and this is the right thing to do and at the right time.

 

Mr. Sanker added that this was a very pleasant surprise to him and he thanks those involved in this special honor for Mayor Sanker and the entire family.

 

Mr. Mumper added that this is particularly appropriate in this location with the ties to the General Motors property and what Mayor Sanker led this City through.  Mr. Mumper asked Mayor Williams to comment on this.  Mayor Williams described Mayor Sanker as a first class individual who always treated people with the utmost respect.  This City honors its key leaders with things like the J.B. Wirth pool, Shea Stadium, the Donald E. Prues Community Center, and now this.  Mayor Sanker led the City through a very difficult time in Norwood’s history and started the current rebirth of this City by tightening our purse strings and looking for new revenue streams.  Mayor Sanker was a man of distinction and a wonderful family man and this is a fitting tribute.

 

Mr. Gabbard commented that he too knew Mayor Sanker while growing up and when Mr. Gabbard entered into politics, Mayor Sanker was always very gracious in advice and support.  He truly wanted what was best for this City and this is a great time to honor his service.

 

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.

 

C)  AN ORDINANCE REPEALING SECTIONS 1511.07 “APPEALS TO COUNCIL WITH REGARD TO SPRINKLER REQUIREMENT,” 1511.07 “APPEALS PROCEDURE,” AND 1511.07 “DECISION OF COUNCIL ON APPEALS” OF THE CODIFIED ORDINANCES FOR THE CITY OF NORWOOD, OHIO, AND DECLARING AN EMERGENCY

 

Mr. Sanker asked Assistant Law Director, Mr. Brown, to the podium to answer a few questions on these Ordinances.  Mr. Sanker noted that there has been some discussion about this in the past but asked for the origin of these Ordinances.  Mr. Brown responded that the Law Department has been working with the Fire Department to close gaps in the Ohio Revised Code. This particular Ordinance adjusts the appeals process to utilize the Fire Code Appeals Board for sprinkler system appeals.  The Fire Code Appeals Board handles all other Fire Code appeals.

 

Mr. Mumper asked who comprises the Fire Code Appeals Board.  Mr. Brown answered that the Board includes the Mayor, Building Commissioner, President of Council, the Chair of the Board of Zoning Appeals, and the Law Director.

 

Mr. Moore asked if this needed to be passed tonight.  Mr. Brown answered that we just want to close any and all gaps, but a first reading tonight or a referral to a Committee discussion would keep this moving.

 

Mr. Moore asked how many appeals we normally have in a given year.  Mr. Brown answered that historically there are only one or two appeals any given year.

 

Mr. Sanker added that it’s fine to have the first reading tonight but prior to passing we would like more information from the Fire Department and more discussion on the details.

 

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

 

D)  AN ORDINANCE AMENDING SECTION 1511.03 “AMENDMENTS, DELETIONS, AND ADDITIONS” TO EXPAND THE SCOPE OF THE OHIO FIRE CODE TO INCLUDE SINGLE-FAMILY RENTAL PROPERTY, TWO-FAMILY, AND THREE-FAMILY DWELLING UNITS AND TO ESTABLISH THE NORWOOD FIRE CODE APPEALS BOARD TO HEAR ALL APPEALS FROM THE NORWOOD FIRE CODE AND DECLARING AN EMERGENCY

 

Mr. Mumper explained that the first reading should be sufficient on this Ordinance for the same reasons given for the previous Ordinance.  Essentially, we would like additional details and clarification from the Fire Department.

 

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

 

K) ADMINISTRATION REPORTS

 

Mayor Williams was present and began his Administration Report by passing around an article from the Cincinnati Business Courier that was written about the Architectural Firm that will be moving into the top floor of Linden Pointe.  This consolidates 50 employees from downtown Cincinnati and 40 employees from the City of Hamilton.  During early discussions with this firm, Mr. Dettmer had to keep this under wraps.  With the Montgomery Road construction nearing completion, we hope that this is the first of many tenant signings.

 

Mayor Williams also noted that fences are up around the former M.A.B Paints building and after environmental remediation, demolition should begin next week.  The City began discussions with Cincinnati Digestive Health nearly a year ago.  This was almost a dollar store and now we will have a brand new building and another medical office in the City of Norwood.

 

The Mayor also commented on the letter on the agenda tonight from Mr. Dettmer regarding School Outfitters, Inc.  School Outfitters is looking at another larger building in Norwood.  Mayor Williams also noted that we have had early and at this time confidential discussions with a research company interested in relocating from Northern Kentucky.

 

When opened for questions, Mr. Schneider asked about the excavating on the new pavement at Williams and Floral Avenues.  It is always a disappointment when contractor need to cut into new pavement.  Mr. Schneider asked if the contractors are required to close this back up in accordance with our guidelines.  Mayor Williams responded that they will do it right or will have to re-do this work until it is done right.  Mayor Williams asked Mr. Geers to come forward and provide his perspective.  Mr. Geers mentioned that he hates when we have to cut into new pavement as well.  In this case, the first heavy rain caused a serious of events that destroyed the sanitary line.  This will be replaced at no cost to the City.

 

Mr. Gabbard asked if street striping could be made more reflective.  Mr. Geers answered that all streets are repainted according to State specification but he will make a note and forward it on.

 

Mr. Geers added that the preliminary ratings are in on our grant applications.  Marion Avenue came in very high and we have a good chance of getting this approved.  Harris Avenue on the other hand came in with a lower rating than last year.  It seems as if smaller communities are getting squeezed out of Issue 2 funds, which is why we increased our match over last year’s submission.  We are in the process of determining our chances if we were to appeal the Harris Avenue rating.

 

Mr. Sanker asked about the status of leaf pickup.  Mr. Geers answered that we have started and will be in catch up mode for the next few weeks.  As soon as we get caught up we will post our schedule on cable.

 

Mr. Schneider mentioned that it was good to hear we are working to get residential streets included in our grant applications.  Mr. Geers answered that we are trying our best to get funds to do our worst streets correctly.  This includes not only resurfacing but also replacing catch basins, water lines, and sewer lines whenever possible. 

 

L) OTHER REQUEST TO ADDRESS COUNCIL

 

There were no requests to address Council.

 

M) UNFINISHED BUSINESS

 

Mr. Mumper noted that we have discussed at great length the language in previous Ordinances regarding opening bids and entering into contracts as a single step.  Mr. Mumper found Ordinance 67-2003 which included this language and was signed by Mr. Schneider.  Mr. Schneider responded that he did sign it as Mayor but it’s not the right way to do business.  Mr. Mumper added that based on his quick research we have used the same wording for quite some time and that he has no problems with the wording with this Administration.

 

N) NEW BUSINESS

 

Mr. Schneider announced that Halloween in the park is scheduled for Saturday Evening at 6:30 in Lindner Park.

 

Mr. Mumper mentioned the levy that is on the ballot and rather than pass a Resolution supporting the levy asked Council members to express their opinion on the Levy. 

 

Mr. Sanker noted that he has been in favor of this all along.  These funds will get us over the hump and keep us stable.  The budgetary numbers from the State Auditor included the renewal of these funds in their analysis.

 

Ms. Kelly noted that she concurs with Mr. Sanker.  We rely on these funds to make progress.

 

Mr. Barlow confirmed his approval for the levy as well.  We have set ourselves up to have a chance to flourish.  Without these funds we may not officially get out of Fiscal Watch.

 

Mr. Moore commented that he voted to put this on the ballot because it’s a good idea and too big a decision for Council.  We passed a Resolution committing funds for streets, capital improvements, and a reserve fund.  If passed, residents will get more from their City government without additional taxation.

 

Mr. Gabbard stated that this City needs to move forward and taking these funds out of the budget is not appropriate at this time.  Mr. Gabbard added that he was in favor of earmarking funds for the purposes Mr. Moore mentioned so we can demonstrate real progress.

 

Mr. Schneider added that he is in favor of a stabilized, well-run, conservative government.  Mr. Schneider commented that there was not enough discussion on other options.  Our Auditor is currently working in Florida and there is no guarantee that we can be cost conscience with additional funds.  The Economic Development Director has done a great job and Mr. Schneider doubts we would consider repealing this if we are in the black and therefore he does not support the renewal at this time. 

 

Mr. Moore added that it is important to get out and vote for local government where we have an opportunity to affect the competence and integrity of those running the City.  It is important that we continue to make progress and learn from the mistakes of the past.

 

Mr. Sanker added that earnings taxes are up but those increases are already included in the budget.  The Treasurer’s Office polls local businesses for their anticipated business and their response factors into our budget expectations.  Linden Pointe will not be generating revenue until a year from now.  When the City ran into trouble in 1999 and 2000, we anticipated projects would be online long before the projects were completed.  Mr. Sanker added that he feels this City is being run in a fiscally conservative manner and we have done a fine job of managing expenses so that an additional levy is not needed, only this renewal.  Earnings taxes are up but without these levy renewal funds the City would be in the red for the year 2007 and we would not have been able to make some of the improvements we have made this year.

 

Mr. Mumper then asked the Mayor and President of Council for their opinions on the levy renewal.  Mayor Williams commented that he believes we have earned the trust and will continue to watch our expenses even with these funds while we continue to make progress.  We know the mistakes that have been made in the past when we have made promises without knowing how these promises would be funded.  Without the $1.7 million that this levy generates we will survive but will not be able to make these much needed improvements.  City Hall, the swimming pool, the parks, and many other projects cost money and we have to be hopeful that the residents will allow us to move forward with their $74 annually.  Many Cities are asking for a renewal and this Council and Administration have done the job in making sure we could move forward with simply a renewal.

 

Ms. Grote mentioned that she was present for 8 of the 9 Council meetings that were held to place this levy on the ballot but was never asked for an opinion.  As a citizen Ms. Grote mentioned that she supports the renewal of this levy.

 

On a motion by Mr. Sanker, seconded by Mr. Moore, it was moved that communications O-5) and O-6) be considered prior to communication O-4).  All members present voted YES.

 

O) COMMUNICATIONS

 

1.   Letter from John Hanrahan RE: Earnings Tax Report for September 2007

 

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.

 

2.  Letter from Rick Dettmer RE: Schoolhouse Outfitters Enterprise

 

Mr. Sanker mentioned that it is important that we move forward on this at the November 13th meeting and encouraged Council members to get any remaining questions answered prior to the next meeting. 

 

Mr. Mumper thanked Mr. Dettmer for the advanced notice and also encouraged discussion before the next meeting.

 

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.

 

3.  Letter from Liquor RE: Appeal Hearing for Kkusum Inc.

 

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.

 

As amended, Council then considered the following items:

 

5.  Letter from Recreation Commission RE: Thank You

 

Mr. Schneider mentioned that he swam at the pool all summer and it would be great to find some funding for these much needed improvements.

 

Ms. Kelly added that it is projects like this that will not be able to be accomplished without the levy renewal.

 

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.

 

6.  Letter from Joe Geers RE: Check from the Bureau of Workers Compensation

 

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved that the letter be received and filed and that a copy of the letter be sent to the Finance & Audit Committee.  All members present voted YES. 

 

4.  Letter from Chris Brown RE: Executive Session

 

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved that the letter be received and filed and that Council move into Executive Session in Council Chambers.  All members present voted YES.

 

Council returned from Executive Session.

 

P)  EXCUSE ABSENT MEMBERS

All members were present.

 

Q)  ADJOURNMENT

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

 

 

 

 

 

 

 

______________________________            ______________________________

J. Brian Mumper                                          Jane M. Grote

Clerk of Council                                            President of Council