Norwood City Council

Council Chambers

April 22, 2008

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. 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 P-6 and P-7. All members present voted YES.

F) MINUTES OF PREVIOUS MEETINGS

Approve Minutes from February 12, 2008 and February 26, 2008

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

G) requests to address council on agenda items

H) REPORTS OF STANDING COMMITTEES OF COUNCIL

1. Finance & Audit Re: 2008 Appropriations

Mr. Barlow noted that this corrects Fund 12 that was missed in the Final Appropriations.

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

I) SECOND READING OF ORDINANCE

A) ORDINANCE ADOPTING CHAPTER 1325 “VACANT PROPERTIES” TO THE CODIFIED ORDINANCES FOR THE CITY OF NORWOOD, OHIO, AND DECLARING AN EMERGENCY.

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

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

B) ORDINANCE ADOPTING SECTION 533.14 “RESIDENCY BY SEXUAL OFFENDERS PROHIBITED” TO THE CODIFIED ORDINANCES OF THE CITY OF NORWOOD, OHIO, AND DECLARING AN EMERGENCY.

Mr. Sanker asked Mr. Kiser to explain the highlights and ramifications of this Ordinance. Mr. Kiser answered that this gives the City another tool to prohibit the residence of Sex Offenders and this complies with ORC language. The Ohio Supreme Court has declared that this type of Ordinance is not retroactive, but all other attributes were upheld.

Mr. Gabbard thanked Mr. Kiser and Mr. Brown for their significant research that will undoubtedly insure that we have an enforceable Ordinance.

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

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

J) INTRODUCTORY READING OF ORDINANCES

A) ORDINANCE REPEALING CHAPTER 543 “REGISTRATION OF CONVICTED PERSONS” OF THE CODIFIED ORDINANCES OF THE CITY OF NORWOOD, OHIO, AND DECLARING AN EMERGENCY

Mr. Mumper asked Mr. Kiser to explain this Ordinance. Mr. Kiser answered that this is merely housekeeping to comply with the recent Ohio Supreme Court ruling. This does not represent a loss of protection since this language was never enforceable.

On a motion by Mr. Moore, seconded by Mr. Barlow, 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. Thornbury, 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

Mr. Schneider asked Mr. Stith to explain the $959,000 missed in the sewage fund. Mr. Stith answered that the fund balance at the end of 2007 was used as the starting point for 2008. The money is there through revenue but has not yet been appropriated.

Mr. Barlow echoed Mr. Stith’s comments and noted that we are trying to appropriate these funds only as revenue is realized rather than appropriate based on expected revenue.

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. Thornbury, seconded by Mr. Barlow, it was moved to pass the Ordinance. All members present voted YES.

K) INTRODUCTORY READING OF RESOLUTIONS

Prior to the consideration of the next Resolution Council heard the following requests to address Council voicing their opposition to this Resolution objecting to the Empire Tavern liquor license renewal: Mr. David Proud, Ms. Brenda Zimmer, Ms. Rachel Beasley, Ms. Anna Proud, and Mr. Daniel Williams.

A) RESOLUTION OF OBJECTION TO THE RENEWAL OF LIQUOR PERMIT #2714575, 50FIVE GROUP, INC., DOING BUSINESS AS “EMPIRE TAVERN” 2008-10-12-14 WORTH AVENUE, NORWOOD, OHIO 45212, AND DECLARING AN EMERGENCY

After hearing the requests to address Council, the Resolution was considered.

Mr. Sanker asked Mr. Kiser for background on this situation and for any timing requirements. Mr. Kiser answered that this would need to be passed tonight since any objection must be levied 30 days prior to the license renewal. Council could always remove the recommendation at a later point. Mr. Kiser added that Council has considered this previously and things have only gotten worse at this location. Bottles, glass, and sometimes furniture can be seen being thrown out of the front door of this establishment.

Mr. Mumper asked Mayor Williams for his thoughts on this issue. Mayor Williams commented that this is nothing new and has been going on for quite some time. There are fights every night and this needs to be stopped before things get even worse and has a more negative impact on the immediate neighborhood.

Mr. Schneider asked Mr. Kiser to explain what happened to the last renewal objection for the Empire Tavern. Mr. Kiser answered that the ownership made an initial attempt with new management and updated exterior, but that was short lived. Council has been extraordinarily patient on this matter. Mr. Kiser added that passing this Resolution is a necessary pre-requisite to getting a hearing before the Liquor Commission.

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

B) RESOLUTION TRANSFERRING $4,390.89 FROM FUND 25 – HOMELAND SECURITY FUND TO FUND 32 – COPP FUND, AND DECLARING AN EMERGENCY

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

L) ADMINISTRATION REPORTS

The Mayor was present and mentioned that he had recently met with School Board member Mr. Miracle and Superintendent Mr. Collier and the Norwood City Schools are now interested in increasing collaboration with the City and the Administration agrees that this could be very helpful dialogue. Mr. Mumper suggested that they attend the May Committee of the Whole meeting to begin this process.

The Mayor added that the City and Xavier University have received a $10,000 grant for a housing study. Ongoing concern has always been that there were too many students in our residential neighborhoods. However, with the plans for the Xavier development there is now some concern with what may happen to the housing market once students are pulled into this student housing.

When opened for questions, Mr. Mumper mentioned that he has received some calls regarding street problems at Ross and Montgomery Aves., Norwood Ave and Montgomery Rd., and Ross and Carthage. Mayor Williams responded that he is aware of these issues and we are awaiting the availability of asphalt as the weather improves. Mr. Geers is insuring that these projects are completed to our standards.

Mr. Thornbury asked when we could expect progress on Surrey Square. Mayor Williams responded that the redevelopment is proceeding aggressively. The delay had been that there were some tenants in the existing building until the 11th hour; demolition is to commence very soon.

Mr. Schneider asked about the status of the open Recreation Commission position and noted that at the recent Recreation Commission there were only three commissioners in attendance. Mayor Williams answered that like any opening we will insure we get qualified individuals. As we do periodically, it may make sense to look at Recreation being once again run by the City.

Mr. Stith was present and mentioned that the Auditor’s report for the first quarter is available, and things are on track. The Auditor’s Office has been working very well with the Finance Committee through this process.

Mr. Stith added that they are beginning the GAAP reporting process. The capital asset inventory portion is extensive. In the future assets will be tagged and imported into the E-Gov system so this does not continue to be such a laborious process.

Lastly, Mr. Stith reported that reports are being sent to department heads and will be updated quarterly and in the future will be provided in real time via e-gov.

Mr. Mumper asked that these reports also be sent to the Finance Committee so the Committee is also aware of the report format the department heads are receiving.

Mr. Kiser was present and thanked Council for passing the Sex Offender Ordinance and informed residents that this prohibits sex offenders from living within a certain distance of schools, pre-schools, libraries, day care locations, and public recreation locations.

Mr. Kiser closed by noting that through his work on Mayor’s Court he has had the opportunity to work with many members of our Police Department and he is continually impressed and continually hears compliments from other jurisdictions about their professionalism.

M) OTHER REQUESTS TO ADDRESS COUNCIL

Council then heard the following requests to address Council:

Ms. Margaret Wehmeyer regarding Recreation Commission Meeting.

Ms. Robin Mace regarding funding for the Recreation Commission.

N) UNFINISHED BUSINESS

Mr. Moore commented that he agrees with Ms. Mace that parks need to continually be improved which was the reason this Council was publicly in favor of the recent levy. These things however, tend to take time.

Mr. Barlow added that the original decision to close the Burwood Pool was made by the Recreation Commission, not by Council. Council has funded Recreation at an increased rate and they then generate revenue and manage their budget accordingly.

Mr. Thornbury added that the Recreation Commission made it very clear that their original decision to close Burwood was not a funding issue, but rather was an issue of a lack of attendance.

Mr. Sanker recapped the discussion and added that maintenance and improvements of our parks, pools, and other City property has been an issue and we are in fact recovering as funds become available. We will be improving parks one piece at a time and will work from a priority list of projects.

Mr. Barlow announced that the Semi-Annual Street Sale is to be held on May 2^nd and 3^rd. Permits are available in the Treasurer’s Office.

Mr. Schneider reminded that the annual Park Cleanup is to be held on April 26^th at 9am. As Mr. Sanker has agreed to lead a team at Northwoods, Mr. Schneider will lead a team at Burwood Park.

Mr. Barlow noted that the 26^th is indeed a busy day for our City. In addition to the park cleanup, Knothole Opening Day will be held at Shea Stadium and a Plant Swap will be held at the Community Center.

Mr. Sanker noted that today is Earth Day and with that the Hamilton County Environmental Agency is holding a collection on Spring Grove Avenue. This is a great opportunity to discard of items that are not permitted to be left at the curb for normal trash pickup. This service is free to all Hamilton County residents with identification.

O) NEW BUSINESS

Mr. Schneider asked that the issue of gas aggregation be placed into Council’s Committee of the Whole.

P) COMMUNICATIONS

1. Report from Tax Department Re: Monthly Report – March 2008

2. Report from Tax Department Re: Quarterly Report – 1^st Quarter

On a motion by Mr. Sanker, seconded by Mr. Thornbury, it was moved that P-1) and P-2) be received and filed as if read. All members present voted YES.

3. Letter from Jim Stith Re: Auditor’s Report – 1^st Quarter

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

4. Letter from Jim Stith Re: New Deputy Auditor

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.

5. Letter from Recreation Re: Burwood Pool

Mr. Sanker asked that a letter be sent to the Director of the Recreation Commission asking that they send thank you notes to the 760 people who signed the petition to keep the pool open. It is these people that care enough to attend and sign a petition that we need to be the base of our recreational facilities. This may be an opportunity to increase usage of all pools and therefore increase revenue at these locations.

Mr. Mumper asked if there was significant discussion prior to the decision. Mr. Schneider answered and noted that once word got out there was discussion. Mr. Schneider noted that this was a great display of civic response.

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

6. Letter from Ms. Donna Laake, Health Dept Re: Annual Health Department Report

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

7. Letter from Mr. John Brown Re: Moose Lodge Presentation

On a motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved that the letter be received and filed and that representatives from the Moose Lodge, the Fire Department, and Police Department be invited to attend the next Council Meeting for the presentation. All members present voted YES.

Q) EXCUSE ABSENT MEMBERS

All members were present.

R) 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