Council
Chambers
August 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
On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to amend the agenda by adding Communication 17) and moving it and Ordinance J-C) and J-D) immediately following I-A) and I-B). All members present voted YES.
F) MINUTES OF PREVIOUS MEETINGS
On a motion by Mr.
G) requests to address council on agenda items
H) REPORTS OF STANDING COMMITTEES OF COUNCIL
1. Community
Development Re: Signage of
On a
motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved to accept the
report. All members present voted YES.
2. Streets
& Infrastructure Re: 2008 Streets Program
Mr.
Schneider asked who would be performing the work. Committee chair Mr. Sanker replied there is a
signed three year contract with Terry Asphalt guaranteeing pricing.
Mr.
Schneider asked if this was entered under a competitive bid process. Mr. Sanker
responded that the three year contract holding the price was by Ordinance.
Mr.
Schneider then asked the Law Department if the three year contract was legal
without a competitive bid process. Mr. Kiser said he had not reviewed the
contract but would be happy to do so.
Mr.
Schneider asked the limit for SSD without a competitive bid. Mr. Kiser
responded that the limits vary by the item being purchased and there is a
different process for items versus services.
Mr.
Sanker asked Mr. Kiser to research and follow up on the matter.
Mr.
Mumper clarified that Council was only approving the list of streets tonight,
not appropriating funds.
On a motion
by Mr. Mumper, seconded by Mr. Moore, it was moved to accept the report. All
members present voted YES.
I) SECOND AND THIRD
READING OF ORDINANCES
A)
ORDINANCE APPROVING THE CONCEPTUAL SIGNAGE FOR PHASE I OF THE PROJECT
KNOWN AS
Mr.
Moore felt the conceptual signage looks adequate and the City is more than
protected in this case.
Mr.
Moore pointed out that Chris Dobrozsi, of Al Neyer, Inc. and Rick Dettmer were
present if additional information was needed. Mr. Moore noted appreciation for
the thorough nature of the reports from the Planning Commission.
On a
motion by Mr. Moore, seconded by Mr. Mumper, it was moved to suspend the rules
and hear the second and third readings of the ordinance. All members present voted YES, with Mr.
Thornbury abstaining.
On a
motion by Mr. Mumper, seconded by Mr. Moore, the ordinance passed. All members
present voted YES, with Mr. Thornbury abstaining.
B)
ORDINANCE APPROVING THE PRELIMINARY AND FINAL
PLANS FOR PHASE II A OF THE PROJECT
KNOWN AS THE
Mr.
Moore mentioned the change in plans, for hotel and to add a floor of office
space on one of the buildings. The City
is comfortable with the proposed changes, both for tenants as well as
residents.
On a
motion by Mr. Moore, seconded by Mr. Schneider, it was moved to suspend the
rules and hear the second and third reading of the ordinance. All members present voted YES.
8:53
P.M. ENTERED EXECUTIVE SESSION
O-17) Letter from Mayor requesting Executive
Session for personnel contracts.
On a
motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved to receive and
file the letter and to enter Executive Session for the purpose of discussing
personnel contracts. All members present
voted YES.
Upon returning
from Executive Session, council continued with the agenda by considering the
following items, as amended.
J-C) ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF
Mr.
Schneider will be voting no, as he thinks this is unnecessary and that Civil
Service protects the position adequately. Mr. Thornbury made similar comments
and is interested to why a separate contract is required.
On a
motion by Mr. Mumper, 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. Moore it was moved to pass this
Ordinance. All members voted YES with
the exception of Mr. Schneider, who voted NO.
J-D) ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF NORWOOD TO ENTER INTO AN AGREEMENT WITH THE CAPTAIN OF THE NORWOOD POLICE DIVISION FOR YEARS 2008 THROUGH 2010
Mr.
Schneider finds it interesting that the Captain is not covered by collective
bargaining or the statutes of the Police Chief.
Mr. Schneider asked if this position was filled by test or hierarchy and
asked Mayor Williams to comment. Mayor Williams commented that the test must be
a competitive test process.
Mr.
Schneider asked the Mayor why the Chief’s contract was written to the
individual while the Captain’s contract is to the position in general. The
Mayor responded that he would have preferred that this question was asked in
Executive Session. The question was referred to Mr. Lucas. Mr. Lucas confirmed
that the contract was written for Mr. Belleman in particular.
On a
motion by Mr. Mumper, 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. Barlow, seconded by Mr. Mumper, it was moved to pass the
ordinance. All members present voted
YES.
J) INTRODUCTORY
A) AN
ORDINANCE AUTHORIZING ALL ACTIONS NECESSARY TO EFFECT A NATURAL GAS AGGREGATION
PROGRAM WITH OPT-OUT PROVISIONS PURSUANT TO SECTION 4929.26 OF THE OHIO REVISED
CODE, DIRECTING THE HAMILTON CO. BOARD OF ELECTIONS TO SUBMIT A BALLOT QUESTION
TO THE ELECTORS & DECLARING AN EMERGENCY
Mr. Barlow
called attention to the August 17 deadline for inclusion on the ballot.
Mr.
Schneider noted he would have liked for this to be on the agenda much earlier
for consideration. He would prefer to delay this in order to hear all three
readings separately.
Mr.
Mumper commented that this item was discussed for ninety minutes at the
Committee of the Whole. This Ordinance only gives the City a structure to
accumulate gas futures at lower rates.
Mr.
Moore added that the ordinance only places this issue on the ballot. Even if
passed, the election only gives the City the right to do this. There will still
be a set up process and a brokerage firm will be retained to purchase and hold
gas futures.
Mr.
Thornbury noted he appreciates the concerns of Mr. Schneider, but this only
places it on the ballot and if eventually passed an opt-out provision still
exists.
On a
motion by Mr. Mumper, seconded by Mr. Barlow, it was moved to suspend the rules
and hear all three readings and pass 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.
B)
ORDINANCE AUTHORIZING THE SAFETY-SERVICE
DIRECTOR TO VACATE A STORM SEWER EASEMENT LOCATED AT
Mr.
Moore asked Mr. Geers to come forward to explain the Ordinance and the
timeline. Mr. Geers explained that this
provides for a new storm sewer and sanitary sewer in order to relocate
infrastructure so that the new development did not conflict with ongoing
development. The developer is to assume
maintenance with the Metropolitan Sewer District (MSD). The advantage to
On a
motion by Mr.
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.
On a
motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to pass the
Ordinance. All members present voted YES.
C)
ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF
As
amended, this item was considered previously.
D)
ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF
As
amended, this item was considered previously.
On a
motion by Mr. Mumper, seconded by Mr. Schneider, the agenda was amended to
include Administration Reports. All present voted YES.
K) ADMINISTRATION
REPORTS
Mayor
Williams was in attendance and gave an administration report beginning by
reporting on the recent increase in police patrol which has led to warrants for
disorderly conduct, drug possession, open container, inducing panic, underage
drinking for a total of 13 felony offenses. This will be done periodically.
The
Mayor thanked the Law Department for their efforts in the metal recycling ordinance.
Mr. Kiser will provide an update.
The
Mayor continued by noting he has been in discussion regarding U.S. Playing
Card’s relocation. With a decline in
earnings tax, and as the Health Commissioner retires we may be forced to
consider outsourcing traditionally provided services. It is a difficult and
emotional decision, but one that must be investigated. We have contacted
Mr.
Thornbury agreed with the approach to discuss this, but asked what should be
done about the immediate need to fill the vacant position. The Mayor answered that the Administration is
looking into the need for filling the position right away.
Mr.
Schneider agrees with the process and agrees with the openness.
Mr.
Schneider also noted that there are several trees down on
Auditor
Jim Stith was in attendance and gave a report by noting that revenue and
expenditure charts were distributed to Council, detailing six months of
activity. Included in this report is a graph comparing the past three years. It
shows a decline in earnings tax collections.
All reports are available for review in the Auditor’s office.
Law
Director Ted Kiser was in attendance and provided an update on the scrap metal
ordinance and noted that a lawsuit has been filed by King Wrecking. There is a temporary restraining order
hearing based on new state legislation. The state legislation requires identification
and most items that the City of
Mr.
Thornbury asked Mr. Kiser for the name and number of the legislation. Mr. Kiser
informed everyone that it is Ohio Revised Code (ORC) 4737. Copies will be
distributed to Council before the next meeting. Typically, municipalities can
be more strict unless otherwise specified.
Mr.
Moore wanted clarification on the identification process. Mr. Kiser responded that
it is a token step forward but preventing further local legislation is a huge
drawback. Another concern is with the timing and possible destruction of
criminal evidence.
Mr.
Kiser continued by providing the perspective of the Law Department regarding
the letter regarding Norfolk Southern Railroad.
Mr. Kiser noted that the proactive discussions led by the Health
Department should be commended.
Unfortunately
Mr.
Schneider asked if we can turn the tables on them and enforce our building code
and other rules on the railroad owner.
Mr. Kiser acknowledged his agreement, but noted that the Health
Department or Building Department would have to enforce this on the railroad
owner.
Mr.
Mumper agreed with Mr. Schneider and commented that most of the railroad
property is in constant disarray. Mr.
Schneider commented that the overpass over
L) OTHER REQUESTS TO
ADDRESS COUNCIL
M) UNFINISHED BUSINESS
Mr.
Barlow announced the City Wide Sidewalk Sale being held September 12 and 13.
Permits are available in the Treasurer’s Office.
Mr.
Thornbury announced the Burwood Pool end of summer celebration from 4-8 pm
Wednesday night and encouraged attendance.
Mr.
Mumper wanted to highlight the Committee of the Whole meeting with the Board of
Education. The Kalamazoo Promise, offering paid college tuition for some
graduates was discussed. Council supports the idea but this certainly requires
further investigation.
N) NEW BUSINESS
Mr.
Gabbard announced Opening Day for Fall Soccer at Shea Stadium, Saturday at 9:00
am.
Mr.
Schneider asked that the issue of “Norwood Promise” be placed into the
Community Development & Small Business Committee.
Mr.
Gabbard congratulated COPP on their 1st year and thanked Officer
Williams. Mr. Gabbard briefly explained the COPP program and encouraged
involvement.
O) COMMUNICATIONS
1. Letter from Health Department Re: Certification of Unpaid Bills
On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to receive and file this letter and place this issue into the Law and Ordinance Committee. All members present voted YES.
2. Letter from Health Department Re: Ordinance Request Property Lien
On a motion by Mr. Schneider, seconded by Mr. Moore, it was moved to receive and file this letter. All members present voted YES.
3. Letter from Recreation Commission Re: N.S.S.L. Championships
Mr. Schneider is proud of the City and the renovations to the property. This was a very positive event.
Mr. Mumper thanked the general contractor and Mr. Geers for their work on the deck resurfacing.
On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to receive and file this letter. All members present voted YES.
4. Letter from State Auditor Re: Educational Services Available
On a motion by Mr. Mumper, seconded by Mr. Schneider it was moved to receive and file this letter and request that the Law Department draft appropriate Resolution. All members present voted YES.
5.-9. Letters from Health Dept, Building Depts., Tax Commissioner, Police Chief, OH Liquor Control Re: Liquor License transfer Betta’s Italian Oven.
On a motion by Mr. Moore, seconded by Mr. Sanker, it was moved to receive and file communications 5, 6, 7, 8, 9, as if read. All members present voted YES.
10. Letter from
On a motion by Mr. Schneider, seconded by Mr. Mumper, it was moved to receive and file this letter as if read. All present voted YES.
11. Letter from Mayor’s office Re: Mayor’s Court Fines for July 2008
On a motion by Mr. Moore, seconded by Mr. Sanker, it was moved to receive and
file this letter. All members present voted YES.
12. Letter from Health Department Re: Status of Public Defibrillators
On a motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved to receive and file this letter. All members present voted YES.
13. Letter from Health Department Re: Tire and Appliance Recycling
On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to receive and file this letter. All members present voted YES.
14. Letter from Planning Dept. Re:
On a motion by Mr. Schneider, seconded by Mr. Sanker, it was moved to receive and file this letter and to set the date of the Public Hearing as September 23, 2008. All members present voted YES.
15. Letter from Health Dept. Re: Lease of
On a motion by Mr. Schneider, seconded by Mr. Sanker, it was moved to receive and file this letter as if read. All members present voted YES.
16. Letter from Auditor’s Dept. Re: Report from June 2008
On a motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved to receive and file this letter. All members present voted YES.
17. Letter from Mayor Williams Re: Executive Session to discuss personnel contracts.
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. Moore, it was moved to adjourn. All members present voted YES.
______________________________ ______________________________
J. Brian Mumper Jane
M. Grote
Clerk of Council President
of Council