Norwood City Council

Council Chambers

September 9, 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. Barlow, the agenda was amended to add Communications O-16) and O-17), by adding Committee Report H-4), and by moving Communication O-15) immediately following H-2).  All members present voted “YES”.

 

F)  MINUTES OF PREVIOUS MEETINGS

             

G) REQUEST TO ADDRESS COUNCIL ON AGENDA ITEMS

 

H) REPORTS OF STANDING COMMITTEES OF COUNCIL

1. Community Development Report Re: Housing Strategy & Study

 

On a motion by Mr. Mumper, seconded by Mr. Schneider it was moved to accept the report. All members present voted “Yes”

 

2. Community Development Report re:  Norwood Venture I P.U.D.

 

On a motion by Mr. Mumper, seconded by Mr. Schneider, it was move to accept the committee report.  All members present voted “YES”.

 

As amended, Council then considered the following item.

 

O-15)  Letter from Rick Dettmer                   Re: Landbank & Venture I PUD

 

Steve Armsby of the Resurgence Group explained the Phase I plans, Phase II and Phase III preliminary plans and discussed proposed changes to the PUD. The developers hope to demolish the high bay space, with plans to move forward and market the space to new users. The artist’s renderings were shared and it was noted that these were preliminary plans only.  Mr. Armsby also reviewed some of the questions asked during the Planning Commission Meeting.

 

Tom Shanks representing Pedco explained the architectural details associated with the demolition and proposed market readiness.  This new plan includes 60,000 square feet of office space and all additional parking requirements have been addressed in these plans.

 

Mr. Thornbury asked for more details on the drawings. Mr. Shanks answered that the any new development would match the existing architecture.

 

Mr. Moore asked about the timeline for the demolition. Mr. Armsby asked that this be managed as quickly as possible and warned that pushing back the demolition risks having to wait until spring.

 

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

 

3. Community Development Report on Cornerstone Design Review of Landscaping

 

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

 

4. The Finance and Audit Report   Re:  Appropriations

 

Mr. Schneider noted Earnings Tax contractual changes and City Auditor Mr. Stith explained that funds were moved from payroll to contractual with no net change to the department.

 

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

 

I) INTRODUCTORY READING OF ORDINANCES

A) ORDINANCE AUTHORIZING THE CLERK/TREASURER TO CERTIFY UNPAID BILLS FOR THE COST OF GRASS CUTTING TO THE HAMILTON COUNTY AUDITOR FOR FILING AS A LIEN ON THE TAX DUPLICATE OF THE OWNER(S) OF SAID PARCELS AND TO BE COLLECTED AS OTHER TAXES, AND DECLARING AN EMERGENCY. 

 

On a motion by Mr. Moore, seconded by Mr. Sanker, there was a request to suspend the rules and hear all three readings. All members present voted “YES”.

 

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

 

B) AN ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE PURCHASE OF 2,000 TONS, MORE OR LESS, OF SALT AT A BULK RATE.

 

Mr. Schneider asked if the reported regional salt shortage will pose a problem for the City of Norwood. Mayor Williams responded that it will certainly have an effect on pricing as salt is at premium price.  We will also look at alternative solutions.

 

Mr. Thornbury asked about the previous annual usage. Mayor Williams answered that we use approximately 1,100 tons per year.

 

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

 

C) ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2008, AND   DECLARING AN EMERGENCY

 

Mr. Moore directed a question to Committee Chairman Chuck Barlow regarding the negative balance in the water fund. Mr. Barlow explained how expenditures have been more than expected over period of time and that this issue was being addressed.

 

Mr. Moore then addressed Auditor Stith inquiring details on a long term plan.  Mr. Stith answered that this action will make us whole and hopefully will carry us through. The Treasurer’s department is aware of shortage and this will be addressed.  There were significant expenditures due to the maintenance of our system, so it is more than just paying for water consumed.

 

Mr. Thornbury asked if there are long term implications. Mr. Stith pointed out that this is not a fund that should need to be subsidized as it is a utility. Payment to Cincinnati only gets the water to our borders. The Auditor’s office and the Finance and Audit Committee are researching and investigating.

 

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

 

J) INTRODUCTORY READING OF RESOLUTIONS

A) RESOLUTION TO OBTAIN TECHNICAL SERVICES FROM THE AUDITOR OF THE STATE OF OHIO FOR THE PERIOD JULY 1, 2008 THROUGH JUNE 30, 2009, AND DECLARING AN EMERGENCY

 

Mr. Mumper described the type of service offered and pointed out that at this time this service is without charge.

 

Mr. Moore asked if we have an update on when the city will officially be out of fiscal watch. Mr. Stith answered that at the end of December they will have the results of the audit for 2006/2007 and once the GAAP report is finalized and submitted to the State our status will be reviewed.

 

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

 

B)  RESOLUTION AUTHORIZING THE MAYOR OR SAFETY-SERVICE DIRECTOR TO MAKE APPLICATION FOR FISCAL YEAR 2009 STATE CAPITAL IMPROVEMENT PROGRAM FUNDS AND IF FUNDS ARE AWARDED TO EXECUTE GRANT AGREEMENT ON BEHALF OF THE CITY.

 

Mr. Schneider asked Mayor Williams about the urgency of this request.  Mayor Williams responded that there is not any particular urgency but as this is only an application for grant funding, the early we can work on this the better.

 

Mr. Schneider requested that the north end of Montgomery Road is added to this application.  Mayor Williams responded that he is aware this is one of several high priority projects and this is one of many grant options.

 

Mr. Sanker asked Safety Service Director Joe Geers about the application deadline. Mr. Geers responded that final submission is required in late September and noted that a formal resolution is required with the City’s application.

 

Mr. Schneider thanked Mr.Geers for his proactive efforts on our street program and asked the Mayor for his comments.  Mayor Williams responded that several streets have been identified for this work.  Montgomery Road may receive ODOT funding of a 50% match in 2010 that could total nearly $400,000.  Cincinnati has been approached to share the $200,000 cost of work to Edwards Road in 2012.  Mayor Williams added that we have an opportunity to apply for additional locations including Park Avenue from Beech to Smith which could total more than 1.9 million with our portion being $500,000 and Beech Street from Highland to Norwood Ave would be $1.1 million with our portion being $400,000.  Mayor Williams added that this is only an application for these funds. The projects still need to be rated and that process is not guaranteed.

 

Mr. Schneider asked if a conscious effort had been made to select commercial/industrial streets as opposed to residential streets and cited Indian Mound as an example.  Mayor Williams referred to Mr. Geers who answered that SCIP funds have specific requirements and criteria and cannot be utilized everywhere we might like.

 

Mr. Sanker asked if there was a risk if we were to neglect this possibility from ODOT due to the fact that we had to turn down funds in the past. Mr. Geers affirmed and noted if we turn this down we will have given up our chances on state funding for a significant length of time.

 

Mr. Moore asked the time needed to modify this application. Mr. Geers responded that a change to the application could take up to 2 – 3 months.

 

Mr. Gabbard thanked Mr. Geers and the administration for their attention to the grant application process. He realizes the significance of the work and is appreciative.

 

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

           

K) ADMINISTRATION REPORTS

Mayor Williams was in attendance and commented on the Scrap Metal Ordinance and the Ohio Supreme Court ruling. Mayor Williams added that many items are being confiscated and scrapped for their metal value. This has escalated to robbing cemeteries and churches. It is a shame the Supreme Court won’t allow us to protect our citizenry from this mess.

 

Mayor Williams also noted that we have rented equipment to swiftly manage overgrown shrubs on City property.  We will have the machine for 30 days and will utilize this as much as possible during this time.

 

Mayor Williams added that with the sale of the final property for the Rookwood Exchange project, preliminary plans for the site are progressing. These plans are different than the original plans but upon completion no one will be disappointed.

 

The Mayor also noted that The Norwood High School marching band will host the River City Band Competition at Shea Stadium on September 20th.

 

The Mayor continued by noting that the Administration will continue to look into the water fund issues previously discussed.

 

Lastly Mayor Williams noted that The Committee of the Whole meeting scheduled for September 25th will allow Hamilton County to present their Health Department services as we consider options for the Norwood Health Department.

 

When opened for questions, Mr. Moore requested an update on current street repairs. The Mayor answered that the street contractor is to be in to mark-up the targeted streets.

 

Mr. Stith was present and shared the formal Auditor Reports and several graphs and hopes that these reports are a more useable format. 

 

Mr. Stith continued by noting that the State Auditors are in for the 2006/2007 tax year audits and added that everything has been much more organized than in past audits.

 

Mr. Stith also noted that at today’s County tax commission hearing, our tax budget for 2009 was approved.  During the hearing a negative balance was discovered on the bond retirement fund. The City Auditor’s office investigated and determined there was a discrepancy in the manner the State Auditor’s office requested this be reported versus the way the County Auditor was expecting.  This error was strictly due to one entry and this has been addressed.

 

Law Director Ted Kiser was present and gave his Law Director’s report by echoing the Mayor’s comments regarding scrap metal ordinance. He encouraged citizens to contact the state legislation with their feedback.

 

Mr. Kiser also noted that the second round of proceedings on the Empire Tavern hearing have passed and a 3rd round is upcoming, but not yet scheduled.

 

When opened for questions, Mr. Sanker asked if it would be beneficial to have a Resolution or letter from Council to State Legislature noting our concern.  Mr. Kiser responded that the Law Department feels the major problem is that the State removed all local jurisdiction and that addressing this issue is the first request that should be made. The State Legislature will review this in one year but could this could be reviewed prior to that if they are so encouraged.

 

Mr. Gabbard asked the purpose of the Empire Tavern hearing given the recent news on their license issues.  Mr. Kiser responded that the license is currently suspended due to felony charges and that this is just an additional layer of protection over which we have some control and we will continue to pursue this liquor license objection.

 

L) OTHER REQUESTS TO ADDRESS COUNCIL

Jeff Jorling of 4163 Forest Avenue requested a 4 way stop be placed at the   intersection of Forest and Madison Avenues. He had a letter in to Council with a neighborhood petition attached.

 

Mr. Moore commented that this has been discussed in the past and a traffic study was done which discouraged the addition of a stop sign at this location.  Mr. Moore requested an opinion from the Law Department on City liability for placing a stop sign at this and other locations.

 

M) UNFINISHED BUSINESS

Mr. Barlow announced the City Wide Street Sale on the 12th and 13th of September.

 

Mr. Mumper asked that the Clerk of Council send a follow up to the letter sent to the Recreation Commission regarding the Fenwick Park repairs and grant timeline.

 

Mr. Gabbard informed everyone of the volunteer opportunities with “Give Back Cincinnati” on Saturday September 20th from 10 AM to 3 PM. The website is www.givebackcincinnati.org for more information. 100 Young Norwood Professionals will be volunteering their time and that materials will be donated for clean up projects in Norwood.

 

N) NEW BUSINESS

Mr. Mumper announced the Committee of the Whole meeting scheduled for 7:30 p.m., September 25th in Council Chambers. The only agenda item will be the Hamilton County Health Department presentation.

 

Mr. Mumper also asked that the Law Department prepare the appropriate legislation declaring Halloween with the same hours as last year, 6:00 p.m. to 8:30 p.m.

 

Mr. Moore requested that the issue of stop signs be placed into the Law and Ordinance committee.

 

O) COMMUNICATIONS

1.  Letter from Health Department         Re: Healthy Community Award

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

 

2.  Letter from Building Department      Re: Ohio Liquor Control-Max & Erma’s

3.  Letter from Police Department          Re: Ohio Liquor Control-Max & Erma’s

4.  Letter from Fire Department             Re: Ohio Liquor Control-Max & Erma’s

5.  Letter from Health Department         Re: Ohio Liquor Control-Max & Erma’s

6.  Letter from Ohio Liquor Control       Re: Max & Erma’s

 

On a motion by Mr. Mumper, seconded by Mr. Sanker, it was moved that O-2) through O-6) be received and filed as if read.  All members present voted “YES”.

 

7.   Letter from Police Department         Re: Ohio Liquor Control-Quatman Café

8.   Letter from Building Department     Re: Ohio Liquor Control-Quatman Café

9.   Letter from Health Department        Re: Ohio Liquor Control-Quatman Café

10. Letter from Tax Department             Re: Ohio Liquor Control-Quatman Café

11. Letter from Fire Department            Re: Ohio Liquor Control-Quatman Café

12. Letter from Ohio Liquor Control     Re: Quatman Café

 

On a motion by Mr. Mumper, seconded by Mr. Sanker, it was moved that Communications O-7) through O-12) be received and filed as if read.  All members present voted “YES”.

 

13.  Letter from Mayor Tom Williams       Re: Mayor’s Court Fines/August Report

 

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

 

14.  Letter from Rick Dettmer                          Re: Block Grant Public Hearings Request

 

On a motion by Mr. Mumper, seconded by Mr. Sanker, it was moved that the letter be received and filed and that the Public Hearing be scheduled for September 23, 2008 and October 14, 2008.  All members present voted “YES”.

 

15.  Letter from Rick Dettmer                        Re: Landbank & Venture I PUD

 

As amended, this item was considered previously.

 

16.  Letter from Auditor                      Re: Auditor’s Report

 

On a motion by Mr. Moore, seconded by Mr. Sanker, it was moved that the letter be received and filed as if read. All members present voted “YES”.

 

17.  Letter from Tax Commissioner    Re: Earnings Tax Report/August

 

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”.

   

 

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”.

 

Mr. Gabbard extended birthday wishes to President Jane Grote from all Council members.

 

 

 

 

 

 

 

______________________________            ______________________________

J. Brian Mumper                                          Jane M. Grote

Clerk of Council                                            President of Council