Council
Chambers
February 12,
2008
A) CALL TO ORDER
The Council for the City of
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. Thornbury, Mr. Barlow and Mr. Mumper
E) AMENDMENT OF AGENDA
Ms. Grote gave an explanation of the Standing Rules of Council regarding items that are to be added to the agenda. Ms. Grote asked Mr. Stith and Mr. Kiser to explain to Council the reason for so many proposed amendments to the agenda.
Mr. Stith explained that the Auditor’s Office has been going through everything and that a stack of requisitions had insufficient funds and this needs to be addressed as soon as possible. Mr. Stith added that some departments have money in their account but the money has not yet been appropriated which is the reason for the Ordinance. The reason for the Resolutions is that while the City has been transferring funds based on appropriations Ordinances; the Ohio Revised Code requires a Resolution according to the State Auditor. This all happened in a fast, disorganized manner, but the key is that we have the information now and hopefully this doesn’t happen again in the future.
Mr. Kiser concurred with Mr. Stith. The published deadline for an Ordinance or Resolution request is Wednesday at noon, if a request is received after the deadline, the the Law Department does its best to produce requested Ordinances or Resolutions, giving Council the option to add to the agenda.
On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to amend the agenda by adding Committee Report G-5), Ordinances I-H), I-I), and I-J), Resolutions J-A) and J-B), to remove ordinances I-B) and I-C), to replace ordinances I-E), I-F), and I-G) and to move Communication N-6) immediate prior to Ordinance I-G). 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. Committee of the Whole RE:
On a
motion by Mr. Moore, seconded by Mr. Schneider, it was moved to accept the
report. All members present voted YES.
2. Finance & Audit RE: 2008 Appropriations
On a motion
by Mr. Mumper, seconded by Mr. Moore, it was moved to accept the report. All members present voted YES.
3. Finance & Audit RE: 2008 Budget
On a
motion by Mr. Thornbury, seconded by Mr. Mumper, it was moved to accept the
report. All members present voted
YES.
4. Finance & Audit RE: 2008 Estimated Resources
Mr.
Mumper asked Mr. Stith the reason the estimated resources increased by
$400,000. Mr. Stith stated that there
were several corrections made. Based on
the appropriations on the Agenda tonight we will submit an amendment letter to
the County tomorrow. The original
certificate was based upon the estimated tax revenue which was filed last
August. When returned, the Auditor’s
Office noticed some numbers were inaccurate.
Mr.
Moore asked if the estimates include input from the Earnings Tax
Department. Mr. Stith confirmed that the
Tax Commissioner, John Hanrahan provided, a report for the end of 2007.
On a
motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to accept the report. All members present voted YES.
As
amended, Council then considered the following item:
5. Finance & Audit RE: Appropriations
On a
motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to accept the
report. All members present voted YES.
H) SECOND
A) ORDINANCE ADOPTING THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY THE REQUEST FOR A ZONE CHANGE OF PARCELS 651-0026-0019-00, 651-0026-0018-00, 651-0025-0130-00, 651-0026-0017-00, 651-0026-0016-00, 651-0026-0015-00 (WHICH ENCOMPASS 2049, 2051 AND 2059 SHERMAN AVENUE, NORWOOD, OHIO 45212) FROM A “MULTI-FAMILY DISTRICT” (R-3) TO THAT OF AN “OFFICE DISTRICT” (O)
Mr.
Mumper mentioned there had been quite a bit of discussion on this Ordinance at
the Committee of the Whole Meeting as well as previous Council Meetings. Council has received this recommendation from
the Planning Commission, Mayor and Safety-Service Director. Mr. Mumper noted his opposition to the zone
change. The option still exists for the
owner to come back to the Planning Commission or to a Community Development
Meeting with an actual plan.
On a
motion by Mr. Mumper, seconded by Mr. Moore, it was moved to suspend the rules
and hear the second and third reading of the Ordinance. The following members voted YES: Mr. Gabbard,
Mr. Sanker, Mr. Moore, Mr. Thornbury, Mr. Barlow and Mr. Mumper. The following member voted NO: Mr. Schneider.
On a
motion by Mr. Mumper, seconded by Mr. Barlow, it was moved to pass the
Ordinance. The following members voted YES:
Mr. Gabbard, Mr. Sanker, Mr. Moore, Mr. Thornbury, Mr. Barlow and Mr.
Mumper. The following member voted NO:
Mr. Schneider.
I) INTRODUCTORY
A) ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2008, AND DECLARING AN EMERGENCY
Mr.
Moore asked Mr. Stith for details on the refuse collection fund due to the
large adjustment. Mr. Stith responded
that this is being investigated by the Finance Committee and Auditor’s Office. As it stands right now we need funds to pay
December’s invoice.
Mr.
Sanker followed up by explaining that the amount shown here will cover the
first quarter of 08. This will not
actually transfer General Fund money.
Mr.
Barlow clarified that the cover letter had an incorrect amount, the Exhibit has
the correct number.
Mr.
Moore asked Mr. Stith if Department Heads were receiving reports on the status
of their current budgets. Mr. Stith
responded that the long term plan, to be implemented this year, is to have a
live system where department heads can check budgets in real time. Most of the un-paid requisitions were not
appropriated adequately in the temporary appropriations. The goal for the long term would be a Budget
Analyst working with the Finance Committee and the Auditor’s Office to make
sure this isn’t the norm and that a more permanent appropriation is passed
earlier in the year.
Mr.
Moore asked Mr. Stith how this will be communicated to the Department Heads
that have insufficient purchase order requests.
Mr. Stith responded that purchase orders originally rejected will be
issued and reports will be sent to Department Heads.
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. All members present voted YES.
On a
motion by Mr. Moore, seconded by Mr. Barlow, it was moved to pass the
Ordinance. All members present voted
YES.
B) ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2008, AND DECLARING AN EMERGENCY.
As
amended, this item was removed from the Agenda.
C) ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2008, AND DECLARING AN EMERGENCY
As
amended, this item was removed from the Agenda.
D) ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2008, AND DECLARING AN EMERGENCY
Mr.
Barlow noted his advocacy of E-Gov but that Council should get more information
from S & H to determine possibilities to adjust purchases and reduce
costs. This Ordinance should be tabled
at this time.
Mr.
Schneider asked Mr. Stith if there was a reason that this should be passed
tonight. Mr. Stith responded that most
of the computers in the Auditor’s Office are antiquated. There is one newer system that the deputy
auditor is running for payroll. All
other PCs are very slow, unreliable and crash regularly. The contractual expenses listed are for
training on the E-Gov system to make it fully operational.
Mr.
Sanker added this $10,000 expenditure was unexpected and that the
Administration is investigating training for all City employees once E-Gov. is
fully operational.
Mr.
Barlow added that SSI is rolling out the VIP system in March which will provide
additional capability. We should
synchronize this effort with the Cincinnati Bell project and training should be
done together so we are most efficient.
Mr. Stith added that training may need to be done prior to any rollout
since the Auditor’s Office is the key to making this system work.
Mr.
Mumper said that he would rather put this ordinance into Finance & Audit
than to table it.
On a
motion by Mr. Barlow, seconded by Mr. Sanker, it was moved to place this
ordinance into the Finance & Audit Committee. All members present voted YES.
E) ORDINANCE CREATING AND ESTABLISHING THE
Mr.
Schneider mentioned that COPP is always looking for more volunteers.
Mr.
Moore noted that this was one of the Ordinances that was replaced with a new
one and asked for an explanation of the changes. Mr. Kiser answered that the wording was
changed to be more general.
On a
motion by Mr. Schneider, seconded by Mr. Sanker, 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.
F) ORDINANCE CREATING AND ESTABLISHING THE
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.
Mr.
Gabbard asked for information on this Ordinance. Mr. Mumper responded that this is part of the
funding for upgrading
Ms.
Grote asked Mr. Geers to come forward to explain. Mr. Geers responded that this is a grant that
the Recreation Commission applied for last year. This creates the funding system for the
grant. The City has to up-front all the
money that was approved in this fund and then keep a record of what was spent
which will be refunded upon completion.
Mr.
Gabbard asked Mr. Geers how this grant would be used. Mr. Geers responded it was for playground equipment,
restroom facilities, and some odd & end cleanup work.
On a
motion by Mr. Schneider, seconded by Mr. Mumper, it was moved to pass the
Ordinance. All members present voted
YES.
As
amended, Council then considered the following item:
N-6. Letter from Chris Brown RE: Public Records Policy
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.
G) ORDINANCE ADOPTING THE CITY OF
On a
motion by Mr. Mumper, seconded by Mr. Thornbury, 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. Thornbury, it was moved to pass the
ordinance. All members present voted
YES.
On a
motion by Mr. Moore, seconded by Mr. Schneider, it was moved to amend the
agenda to make Communication N-4 the next matter of business. All members present voted YES.
N-4. Letter from Donna Laake RE: Property Liens
Mr.
Mumper asked Mr. Kiser if there was any way to recoup the $418.00 for
abatement. Mr. Kiser responded that in
the past we could use a general Ordinance to place liens on these properties and
now the State is requiring us to pass separate Ordinances for each
property. Additionally, we could file a
lawsuit to recover the funds.
Mr.
Mumper noted that last Council attempted to streamline the grass/weed abatement
process; the Hamilton County Auditor is now making it harder. Mr. Kiser affirmed.
Mr.
Barlow added that it won’t slow abating, but it makes recouping the funds
harder.
On a
motion by Mr. Thornbury, seconded by Mr. Schneider, it was moved that the
letter be received and filed. All
members present voted YES.
As
amended, Council then considered the following items:
H) ORDINANCE AUTHORIZING THE CLERK/TREASURER TO REMOVE A LIEN
IMPOSED ON
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.
I) ORDINANCE AUTHORIZING THE CLERK/TREASURER TO CERTIFY UNPAID BILLS FOR THE COST OF CREMATION AND EMERGENCY TREE REMOVAL TO THE HAMILTON COUNTY AUDITOR FOR FILING AS A LIEN ON THE TAX DUPLICATE OF THE OWNER(S) OF SAID PARCEL AND TO BE COLLECTED AS OTHER TAXES, AND DECLARING AN EMERGENCY
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. Schneider, seconded by Mr. Thornbury, it was moved to pass the
ordinance. All members present voted
YES.
J) ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ENTER
INTO AN AGREEMENT WITH THE PUBLIC ENTITIES POOL OF
Mr.
Schneider asked the Mayor’s opinion on this matter. The Mayor suggested that Council hear the
first reading. The Administration has
reduced our yearly cost for municipal insurance quite a bit. We will clear this up quickly since a
decision has to be made by March 1st.
Mr.
Schneider asked the Mayor if we will potentially go with a different pool. The Mayor affirmed and added that he can’t
provide too many details right now. The
company that we are with now is coming back with a counter offer and there are
some issues that need to be cleared by the Law Department.
On a
motion by Mr. Schneider, seconded by Mr. Sanker, it was moved to hear the first
reading of the Ordinance. All members
present voted YES.
J) INTRODUCTORY
A) A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO OTHER FUNDS ESTABLISHED BY THE CITY, AND DECLARING AN EMERGENCY
Mr.
Moore commented that last year we didn’t transfer funds early enough and we
need to make sure that we keep an eye on that this year.
On a
motion by Mr. Moore, seconded by Mr. Schneider, it was moved to suspend the
rules and hear all three readings of the resolution. All members present voted YES.
On a
motion by Mr. Moore, seconded by Mr. Schneider, it was moved to pass the
resolution. All members present voted
YES.
B) A RESOLUTION TRANSFERRING $25,000 FROM WATER FUND 50 – WATER FUND KEY 7200 TO FUND 50 – WATER FUND KEY 7300, AND DECLARING AN EMERGENCY
Mr.
Moore asked if this Resolution was necessary when it was just moving money to a
different key within the same fund.
Mr.
Mumper added that in the past a Resolution was only needed to transfer funds
from the General Fund to a different fund.
Ms.
Grote suggested that maybe we ask the Law Department to look into this
matter.
On a
motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved to suspend the rules
and hear all three readings of the resolution.
All members present voted YES.
On a
motion by Mr. Schneider, seconded by Mr. Thornbury, it was moved to pass the
resolution. All members present voted
YES.
K) ADMINISTRATION
REPORTS
Mayor
Williams was commented that the Ordinance passed in November of 2007
established a Fire Code Appeals Board.
On that board is Ms. Grote, Mr. Moore, Ms. McGraw, the Building
Commissioner and the Mayor. This board
had their first hearing recently and was continued. Volunteers spend a significant amount of
their own time on City boards and this is another example. Elected officials know going in how much time
we are going to have to put in to this community. There are Commissions and Boards filled with
people who volunteer their time because they care about this City as well. These people all deserve a lot of credit; we
often take these folks for granted.
The
Mayor continued by mentioning that on February 8th, the
Administration met with Corporex at the East Campus Development. The Law Department, Fire Department and
Police Department were present. This was
the first of many meetings for this large project. The implosion of Zumbiel will take place in
March.
When
opened for questions, Mr. Thornbury asked if the City was getting the same
cooperation from the developers of
Mr.
Schneider mentioned that the island on
Mr.
Gabbard asked if the City put down salt last night or this morning. The Mayor responded that roads were treated
throughout the night. Mr. Gabbard then
asked if the same treatment was done in
Mr.
Stith was also in attendance and gave an Auditor’s report. The Auditor’s Office has been busy since the
last Council Meeting. The Certificate of
Resources was filed on the 31st and as brought up earlier, there were
some amendments to it based on errors in temporary appropriations. This has been a moving target, but with lots
of effort and help from the Finance Committee, it’s getting straightened out.
Mr.
Sanker noted that changes are necessary throughout the year. The funds given to each specific department
are not an entitlement. There are times
when funds need to be transferred from one department to another and sometimes
funds are not replaced.
Mr.
Kiser was in attendance and stated that he didn’t have much of an
Administration report but wanted to mention that he would look into the issues
Council has brought up tonight. Mr.
Kiser noted that the Law Department has already begun looking into the issue of
transferring funds via Resolution. The
Law Department has read through the insurance contract and has no major issues
with that.
Mr.
Schneider told Mr. Kiser that he appreciates the fact that he is at the Council
Meetings and is willing to take questions from Council.
Mr.
Mumper said that he has never before seen funds transferred by Resolution and
asked if the State Auditor found that the City wasn’t doing this
correctly. Mr. Kiser answered that the
Law Department was going to look into this matter. There was a miscommunication with the State
Auditor on the issue of transferring funds while we were dealing with our
Fiscal Watch situation. Mr. Kiser added
that he would like time to scour the Ohio Revised Code to determine the correct
response and then share that with the State Auditor. Mr. Kiser hopes to have an answer in two
weeks.
Mr.
Sanker noted that the last time we disagreed with the State Auditor, we turned
out to be correct. Mr. Sanker added he
has never heard of needing a Resolution to transfer funds. When the State Auditors were here doing their
comprehensive audit, shouldn’t they have found fault with our system?
L) OTHER REQUESTS TO
ADDRESS COUNCIL
There
were no requests to address Council.
M) UNFINISHED BUSINESS
N) NEW BUSINESS
Mr. Schneider
mentioned that he provided the Chair of the Finance & Audit Committee with
a letter regarding Waterworks and estimated costs for repairs. It’s very
important for the City to make sure Waterworks pool is up to speed since we are
hosting the Regional Swim Meet. This
should be discussed at the next Finance & Audit meeting.
Mr.
Sanker asked if this list was given by Recreation. Mr. Schneider affirmed.
Mr.
Moore asked if the Recreation Commission themselves had any quotes or estimates
on the work. Mr. Schneider answered that
Recreation will present those at the Finance & Audit Committee
Meeting.
Mr.
Schneider then asked for this matter to be placed in the Finance & Audit
Committee.
Mr.
Sanker asked if anyone from Recreation has contacted Joe Geers regarding the
items and repairs needed at Waterworks since Mr. Geers has been involved in
improvement discussions. Mr. Schneider
responded that he can’t speak for the commissioners. Recreation is very open and willing to work
with Administration and Finance on these matters.
Mr.
Mumper noted that these figures total $44,000 and asked if Recreation gave any
indication on funding. Mr. Schneider
said that there was talk about volunteer efforts being used to cut down on the
costs. They are very willing to make,
facilitate and work on the improvements.
Certain items are critical for the safety of those who go to the pool;
there are other items that would be nice to have.
Mr.
Sanker added that many went to see the condition of Waterworks and some of that
is a result of negligence over the last few years. However there are a lot of concerns seen and
the Administration is addressing. We
have a great facility there that needs a face lift and that needs to be
maintained properly; maintenance and cleanliness is an ongoing concern at the
facility.
Mr.
Moore suggested that the Recreation Commission and any other department in need
of funds should attend the Finance & Audit Meetings to describe their
need. This approach has worked to help
get us out of financial crisis over the recent years and we should continue the
diligence. We should also put the
preparation for the swim meet at Waterworks into the Parks & Recreation
Committee.
Mr.
Schneider said that he has been to Waterworks pool a number of times with his
family and to several swim meets. There
are maintenance issues that Public Works can easily manage and there has been
vandalism that the Recreation Commission has no control over. If there needs to be a bridge gap between the
Recreation Commission and Administration, Mr. Schneider will be happy to
facilitate.
Mr.
Gabbard asked that the following items be placed in the Safety, Police and Fire
Committee: Fire Pumper, Police Cruisers
and Public Safety Information.
Mr.
Mumper asked that a letter be sent out to departments regarding the deadline of
items to be placed on Council’s agenda.
Mr.
Sanker mentioned that an article in the Cincinnati Enquirer mentioned business partners
that have rehabbed a house and are donating the proceeds of that house for
expenditures at Children’s Hospital. The
same partners are in the process of purchasing and relocating to the former
furniture store adjacent to Busken’s Bakery.
These partners were present at a recent Community Development Meeting
asking how the City can work hand in hand with them and how they could be a
part of the community. It is great to
see their willingness and the recognition they received from the Enquirer.
O) COMMUNICATIONS
1. Letter from
Mayor RE: Mayor’s Court Fines – January 2008
On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved that the letter be received and filed. All members present voted YES.
2. Letter from
Mayor RE: Appointment to TIRC
On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved that the letter be received and filed and that the appointment be approved. All members present voted YES.
3. Letter from Jim
Stith RE: Auditor’s Report – January 2008
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.
4. Letter from Donna Laake RE: Property Liens
As amended, this item was considered previously.
5. Letter from Chris
Brown RE: Ordinances
On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved that the letter be received and filed and that a copy of the letter be placed in the Committee of the Whole. All members present voted YES.
6. Letter from
Chris Brown RE: Public Records Policy
As amended, this item was considered previously.
P) EXCUSE ABSENT MEMBERS
All
members were present.
Q) ADJOURNMENT
On a motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved to adjourn. All members present voted YES.
______________________________ ______________________________
J. Brian Mumper Jane
M. Grote
Clerk of Council President
of Council