Council
Chambers
April 8, 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
On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to amend the agenda by adding communications O-4, O-5, O-6 and O-7 regarding The Mound Café, and to move Ordinance J-B to the first matter of business. All members present voted YES.
As amended, Council then considered the following item:
J-B) AN ORDINANCE AMENDING ORDINANCE NO. 69-2001 WITH
RESPECT TO DECLARING IMPROVEMENTS TO PARCELS OF REAL PROPERTY LOCATED IN THE
CITY OF
Mr. Moore asked the attorneys in this matter to come forward and discuss this ordinance. Mr. Quinn from Taft, Stettinius & Hollister and Mr. Weber from Keating, Muething & Klekamp came forward.
Mr. Quinn explained that ordinance 69-2001 was prepared
consistent with what they understood to be the law in terms of declaring
public/private improvements to be part of a TIF. They got word from the
Mr. Moore wanted to verify that this makes no difference in valuation, bonds, etc. and that it was only a matter of separating these out for book keeping reasons. Mr. Quinn answered that was certainly his distinct understanding. The public improvements are in support of the private developments as opposed to being included.
Mr. Thornbury asked what the primary implication of all of
this was. Mr. Quinn said that it was
technical. It’s to get the Auditor’s
office to not send a tax bill to the City of
Mr. Thornbury asked if this in any way enhances or inhibits our ability to use the TIF.
Mr. Quinn responded that this will in no way effect the TIF.
Mr. Weber added that this is a new wrinkle that the Auditor has put into place and we are addressing it in the most efficient way possible by removing the property from the TIF district. We will probably be back in front of you with Linden Pointe since it will have ramifications for that development as well.
Mr. Sanker clarified that they were talking about
On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to suspend the rules and hear all three readings of the ordinance. All members present voted YES.
Mr. Sanker asked if the Mayor had any comments on this matter. Mayor Williams said his concern was that this would complicate the project and cause problems for the investors and he’s glad to see that this has been remedied quickly.
Mr. Schneider addressed a question to the Law Director
asking if there were ramifications for the City of
On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to pass the ordinance. All members present voted YES.
F) MINUTES OF PREVIOUS MEETINGS
Approve Minutes from January 8, 2008 and January 22, 2008
On a motion by Mr. Moore, seconded by Mr. Schneider, it was moved to approve the minutes as if read. All members present voted YES.
G) requests to address council on agenda items
A request to address Council by Margaret Wehmeyer was heard immediately prior to consideration of ordinance I-A.
H) REPORTS OF STANDING COMMITTEES OF COUNCIL
1. Community Development RE: Yagoot
On a
motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to accept the
report. All members present voted YES.
I) THIRD
A
request to address Council by Margaret Wehmeyer was heard prior to
consideration of the following item:
A) ORDINANCE ADOPTING SECTION 541.13 “GRAFFITI PREVENTION AND
ABATEMENT” TO THE CODIFIED ORDINANCES OF THE CITY OF
On a
motion by Mr. Moore, seconded by Mr. Thornbury, it was moved to hear the third
reading of the ordinance. All members
present voted YES.
Mr.
Moore said to the vast majority of the people of
On a
motion by Mr. Thornbury, seconded by Mr. Mumper, it was moved to pass the
ordinance. All members present voted
YES.
J) INTRODUCTORY
A) ORDINANCE ADOPTING CHAPTER 1325 “VACANT PROPERTIES” TO THE CODIFIED ORDINANCES FOR THE CITY OF NORWOOD, OHIO, AND DECLARING AN EMERGENCY
Mr.
Moore commented that this Ordinance has been in the development stage for quite
some time, and it’s a long and complicated Ordinance. If a property is declared vacant by the
Building Commissioner, it requires a fee and a license; this Ordinance gives
the City a tool to deal with these problem properties.
Mr.
Schneider asked Mr. Kiser if the Law Department has addressed the Building
Commissioner’s concerns on this ordinance.
Mr. Kiser affirmed that that they have discussed this with the Building
Commissioner and have addressed his concerns.
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.
C) ORDINANCE ADOPTING SECTION 533.14 “RESIDENCE BY SEXUAL
OFFENDERS PROHIBITED” TO THE CODIFIED ORDINANCES OF THE CITY OF
On a
motion by Mr. Schneider, seconded by Mr. Thornbury, it was moved to hear the
first reading of the ordinance. All
members present voted YES.
K) ADMINISTRATION
REPORTS
The
Mayor was present and mentioned the vacant house ordinance and how it’s an
example of how well our departments are working together. He’s confident that we are on the right path
with this ordinance.
Mayor
Williams noted the loss of the two Colerain Township Firefighters. We can’t take fire fighters for granted. They are well trained and disciplined. This City has sent Public Works, Fire
Fighters and Police Officers into other areas to assist in times of need and he
feels confident that if we ever needed it, other areas would do the same for
us, just like they have in the past. Our
fire fighters have volunteered to go out and staff Colerain’s Fire Dept. during
this time of need and are there now. We
are out there giving them support along with other fire departments to show
that the City of
Mayor
Williams said that the wiring for the new phone and computer system is
underway. City Hall will need to be
re-wired, so that’s going to take some time and he will keep us posted.
The
Mayor also talked about UDAG grants being received. Norwood Service League will receive $15,000,
youth dental program $4,000, Streetscape $10,000, $125,000 for park
improvements and $100,000 for infrastructure.
This is a nice grant and we will put it to use and make sure those
projects are completed.
Mr.
Gabbard thanked the Mayor for allowing our Fire Department to volunteer to help
out
When
opened for questions, Mr. Moore asked if there were any updates on current
vacant properties. Mayor Williams
answered that Mr. Geers used to have weekly meetings with the Building
Department and doesn’t need to do that anymore because we have a Building
Commissioner in there three days a week.
Communication lines are strong between the Building Dept., the Law Dept.
and administration and progress will be made and reported upon shortly.
Mr.
Stith was in attendance and noted that at the Committee of the Whole Meeting
there was discussion about the reports being put together by the Auditor’s
office. These updates have been made and
the revisions will be in their next packet.
The Certificate of Expenditures and Resources and our appropriations
were also filed with the County. Revenue
reports have been completed for the first 3 months and the Auditor’s Office has
also analyzed the expenditures for the quarter on each key and each fund.
Mr.
Stith also noted that they have started to work through the GAPP process, the
most tedious of which is the inventory of capital assets. The last time that was completely updated was
in 2005. They are going back and
researching 2006 and 2007 right now trying to figure out what was purchased and
what was disposed of during those years so that we have an accurate up to date
list of what is owned by the City, not only to track for accounting purposes
but also for insurance purposes. It was
done on spreadsheets in the past, but they are updating it on E-Gov so that
it’s all in one system. The goal is to
get 2007 GAPP reports done by the deadline of May 29th while
preparing 2006 simultaneously.
Mr.
Stith explained the importance of a Deputy Auditor position and how it is key
to the office. In that regard he
announced the appointment of a new Deputy Auditor – Marcus Patterson. Marcus is a financial professional with a
Bachelor’s degree in electronics from
Mr.
Barlow asked Mr. Stith if most departments stayed within their budget for the
last reporting period. Mr. Stith
answered that most of them had, but there were a few that were outside their
key and those have been flagged.
Mr. Barlow
added compliments for those department heads that were able to stay within
their budget. Mr. Barlow asked Mr. Stith
if those reports would be sent to the various departments so they know what
they have monthly and for the remainder of the year.
Mr.
Stith affirmed, the Mayor and Mr. Geers will get a complete report and his
intention was to do a breakdown report for each department so that they can see
where they fit within the budget.
Mr.
Schneider asked Mr. Stith if those reports would go to the Finance Committee
first or to all of Council. Mr. Stith
answered that the reports will go to Council in their packets for the next
Meeting. Mr. Stith noted he has copies
with him tonight for review or they can be emailed to those who would like to
see them immediately.
Mr.
Barlow asked Mr. Stith if the new Excel Spreadsheets would be taking the place
of the old E-Gov reports they used to get.
Mr. Stith affirmed, the Cash Position report will be a part of this as
will the bank balances.
Mr.
Kiser was in attendance and gave a Law Department report. Mr. Kiser added that he wanted to take a
moment to thank Bill Graff. Mr. Graff
called the Law Department after the last meeting and gave him information about
abating graffiti.
Mr.
Kiser also wanted to thank Council for the ordinances that are sitting in front
of them tonight. Council has shared a
collective patience with the Law Department and he appreciates the feedback and
the opportunity to be careful and thorough with these matters. We certainly want and need ordinances that
are legal, effective and enforceable. He
also wants Council to know that the sexual offenders’ ordinance does not have a
retroactivity clause on it yet. In light
of the Ohio Supreme Court’s decision, such a clause could potentially be
invalid and as such we would rather exercise caution on that – if a
retroactivity clause is legal today, it will be legal in two weeks.
Mr.
Moore asked if the
Mr.
Moore asked if there was an update on Jerry’s Auto. Mr. Kiser answered that the 30 days of jail
that Mr. Lewis was sentenced to were stayed because of his appeal. He lost the appeal. He had a scheduled appearance date in front
of Judge Mallory and didn’t show up, so there is a warrant out for his
arrest.
Mr.
Moore asked where that gets us as far as closing it down. Mr. Kiser answered that there are also
pending charges that the State of Ohio has filed regarding license and tax
issues, and they are still investigating the property in that regard as
well. Mr. Kiser believes that the State
has taken away the right to have a dealer’s license at this point and he thinks
that he didn’t have one to begin with.
The Law Department filed a motion to impose the sentence of 30 days in
jail. Mr. Kiser is confident that they
have been very diligent and have done everything they can criminally.
Mr.
Moore commented that he understands that we can’t find the owner, but if they
don’t have a license to be selling cars then it sounds like we should be able
to order the cars off the lot at the very least. Mr. Kiser responded that he believes the
Building Department has informed them that they are officially out of
business.
Mayor
Williams added that the Law Department has been very aggressive. The Administration is also trying to attack
it from another position but he would prefer that it not be discussed openly on
Council floor at this time.
L) OTHER REQUESTS TO
ADDRESS COUNCIL
There
were no requests to address Council.
M) UNFINISHED BUSINESS
Mr.
Barlow reminded everyone that the
Mr.
Gabbard reminded everyone that there is a Freon removal and tire drop off at
Public Works on April 19th and 20th from 9:00 am to 1:00
pm.
Mr.
Moore reminded everyone that April 26th is Park Clean up day. He also mentioned that a resident in his ward
has put together a mini clean up every Saturday at 10:00 am. If anyone is interested they are meeting at
the Speckled Bird this Saturday and every Saturday all summer.
N) NEW BUSINESS
Mr.
Gabbard announced that the Tri-State Medical Reserve Corp is having an
introduction meeting on Thursday, April 24th in the Norwood High
School Mini- Auditorium from 6:00 pm to 8:00 pm. Volunteers are needed in the medical and
clerical field. This team would be
activated if we had a major disaster. If
you are a part of this team, and there was some sort of major outbreak, you
would be the first receive an inoculation.
For more information please contact Donna Laake at 458-4600.
O) COMMUNICATIONS
1. Letter from
Mayor RE: Mayor’s Court Fines
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
Donna Laake RE: Targeted Brownfield Assessment Grant
Mr. Mumper wanted to thank Mrs. Laake and Mr. Reeves for all their work on this.
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:
3. Letter from
Liquor Control RE: The Mound Café
4. Letter from Donna Laake RE: The Mound Café
5. Letter from Chief Schlie RE: The Mound Café
6. Response from Gerry Stoker RE: The Mound Café
7. Letter from John Hanrahan RE: The Mound Café
On a motion by Mr. Mumper, seconded by Mr. Sanker, it was moved that the letters be received and filed and to file NO objection. All members present voted YES.
P) EXCUSE ABSENT MEMBERS
All
members were present.
Q) ADJOURNMENT
On a motion by Mr. Thornbury, 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