Norwood City Council

Council Chambers

October 14, 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. Sanker, it was moved to agenda by moving items P-4) and I-3) before the Public Hearing, by adding the Minority Report as I-3 and by adding Communication P-6).  All members present voted YES.

 

F) MINUTES OF THE PREVIOUS MEETING

June 10, 2008, June 24, 2008, and July 8, 2008

 

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

 

As amended, Council then considered the following items.

 

P-4) Letter from Rick Dettmer                       RE: CDBG Block Grants

On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to receive and file the letter. All members present voted YES.

 

I-3) Community Development Committee     RE: CDBG   

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

 

G) PUBLIC HEARING

1)  COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR 2009-2011.

 

The Public Hearing opened by an explanation of the rules of Public Hearings by Ms. Grote.

 

Those speaking for the Application included Ms. Donna Laake.

 

Mr. Mumper asked if these funds could be used to provide additional litter containers within the 4th Ward west of Carthage Avenue.  Mr. Dettmer answered that these could be included in with streetscaping.

 

Mr. Schneider asked about the significance of priorities in the application for grant funding.  Mr. Dettmer answered that the priority will be the same as past grants.

 

Mr. Mumper asked if there is the discretion to partially fund all items.  Mr. Dettmer said there could be, but expects these projects will be funded as in years past.

 

On a motion by Mr. Mumper, seconded by Mr. Sanker, it was moved that Council accept the application for 2009-2011 CDBG as presented by Mr. Dettmer. All members present voted YES.

 

H) REQUEST TO ADDRESS COUNCIL ON AGENDA ITEMS

Robin Mace of Carthage Avenue spoke to the closing of the Health Department and the Committee of the Whole meeting of September 25, 2008.        

 

I) REPORTS OF STANDING COMMITTEES OF COUNCIL

1)  Finance and Audit Committee RE: Claims

 

On a motion by Mr. Mumper, seconded by Mr. Thornbury, it was moved to accept the report and request that the Law Department prepare the appropriate Ordinance.  All members present voted YES.

 

2)      Finance and Audit Committee RE: Appropriations 2008

On a motion by Mr. Mumper, seconded by Mr. Moore, the changes are approved. All present voted YES.

 

3)      Community Development Committee RE: Approval of Block Grant Proposal

 

As amended, this item was considered previously.

 

4)      Committee of the Whole RE:  Minority Report

 

Mr. Mumper commented that this report is not yet officially a minority report since a majority report has not yet been issued.  The opinions expressed could very well be the majority report once additional information is gathered and analyzed.  This item was added to Council’s Committee of the Whole to gather additional information and more is needed.

 

Mr. Thornbury explained his rationale for the minority report and added that he believes that we already have a pretty thorough analysis of services.  Mr. Thornbury mentioned that this issue should be acted upon with urgency.  The County presentation did not lead him to consider another direction.

 

Mr. Mumper stated that information from the County, as well as citizens, prompted the meeting with the Board of Health and insurers.

 

Mr. Schneider asked Mr. Mumper the timeline for these follow-up meetings as the Health Commission is vital to public safety. Mr. Mumper responded that the timeline will be finalized and that the Committee would like to hear all suggestions on cutting costs.

 

Mr. Sanker added that we are still looking to see how the City and County can work together to provide the most efficient services. Additional meetings and investigations are currently underway. The Administration is engaged in discussions moving forward to gather additional information and feedback.

 

Mr. Gabbard added that while the meeting gathered information, we have a department that is up in the air and that he would like to see the process sped up.

 

Mr. Moore responded that he certainly feels for employees and that restructuring happens everywhere.  This Council had considered cost cutting measures in other areas including 911, the Building Department, Payroll, etc.  Mr. Moore added that he was less than impressed by the level of service presented by the County, but the numbers still need to be investigated.  More discussion is needed.  While there should be some urgency, the City hasn’t shut down when other department head positions have been vacant.  Council can talk about any item at any time, so he is not sure why some members claim this was the first opportunity to discuss.  In addition, this would not require a separate Resolution, in fact there are increased appropriations on tonight’s agenda. The Health Department is not going anywhere next week and we need a rational discussion regarding the best interest of the City of Norwood as a whole.

 

Mr. Mumper announced the next meeting of the Committee of the Whole is November 4th and clarified his comments regarding the previous meeting being more of a circus compared to most Council meetings as it was very busy, very fragmented, and very long.  We have asked Hamilton County Health Commissioner Tim Ingram for comments regarding the appropriate next steps.

 

Mr. Thornbury is glad to hear council is interested in moving forward. He stands by his report. Mr. Thornbury added that while he does not want to preclude any discussion, he would like to end this process.

 

Mr. Mumper reminded Council that the Health Commission appointed an interim Health Commissioner and added that four years ago we went through the opposite process when others wanted to completely close the Health Department.  We investigated it at that time and determined it was not the right time.  We owe it to the City to review this at this time.

 

On a motion by Mr. Gabbard, seconded by Mr. Schneider, it was moved to accept the report.  The following members voted YES: Mr. Gabbard, Mr. Schneider, and Mr. Thornbury.  The following members voted NO: Mr. Sanker, Mr. Moore, Mr. Barlow, and Mr. Mumper.  The motion FAILED.

 

J) SECOND READING OF RESOLUTIONS

A) A RESOLUTION DECLARING IT TO BE THE DESIRE OF COUNCIL THAT HALLOWEEN TRICK-OR-TREAT BE CELEBRATED BETWEEN THE HOURS OF 6:00 P.M. AND 8:30 P.M. ON FRIDAY OCTOBER 31, 2008 AND DECLARING AN EMERGENCY.

 

On a motion from Mr. Moore, seconded by Mr. Mumper, it was moved to suspend the rules and have the second and third 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.

 

K) INTRODUCTORY READING OF ORDINANCES

 

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

 

Mr. Schneider asked Mr. Barlow to explain the appropriation changes noted in Exhibit A.  Mr. Barlow responded that most of the items are simply transferring funds.  The only major increase is to fund the procurement of salt.

 

Mr. Schneider asked about codification of ordinances online. Mr. Barlow relayed the Finance and Audit Committee’s desire to wait until next year to fund the codification online.

 

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

 

B)     ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ADVERTISE FOR BIDS & ENTER INTO A CONTRACT FOR THE CONSTRUCTION OF NEW RESTROOM FACILITIES AT HUNTER PARK WITHIN THE CITY OF NORWOOD, OHIO.

 

Mr. Moore noted that that the County will fund this as part of the Community Development Block Grants.

 

Mr. Schneider asked about the time frame for this work.  Mayor Williams responded that we may have to wait a few months as this work needs to be bid out. The goal is that this work will be ready for Spring Soccer. 

 

Mr. Gabbard noted his excitement for this improvement and thanked Councilmen Mumper, Sanker and others for funding the port-o-let at the park.  Mr. Gabbard also thanked Mr. Mumper for getting the applications completed; this is much needed for Norwood’s children.

 

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.

 

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

 

C)     ORDINANCE FOR SAFETY-SERVICE DIRECTOR TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE MARION AVENUE IMPROVEMENT PROJECT WITHIN THE CITY OF NORWOOD, OHIO, AND DECLARING AN EMERGENCY, AS AMENDED.

 

On a motion by Mr. Mumper, seconded by Mr. Sanker, it was moved to amend the Ordinance by correcting the spelling of Marion Avenue.  All members present voted YES.

 

On a motion by Mr. Mumper, seconded by Mr. Barlow, it was moved to suspend 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.

 

D)    ORDINANCE AMENDING SECTION 1301.03 ENTITLED “NORWOOD BUILDING CODE” TO THE CODIFIED ORDINANCES OF THE CITY OF NORWOOD, OHIO, AND DECLARING AN EMERGENCY.

 

Mr. Sanker asked Law Director, Ted Kiser to explain the ordinance.  Mr. Kiser responds that this Ordinance amends the Ohio Building Codes to make areas more consistent with our existing code.  The code we are replacing was last updated in 1996.

 

The full Building Code is available for review in the Law Department and the Clerk of Council office.  The Building Commissioner can address any of Council’s questions regarding specifics.   Mr. Moore feels that at first glance, the changes are slight, but this really cleans up the code and updates language.

 

On a motion by Mr. Moore, seconded by Mr. Sanker, it was moved to have the first reading of the Ordinance.  All members present voted YES.

 

E)     ORDINANCE REPLACING EXISTING CHAPTER 1315 ENTITLED “1 & 2 FAMILY DWELLING CODE” WITH NEW CHAPTER 1315 ENTITLED “ONE & TWO & THREE FAMILY DWELLINGS” WHICH ADOPTS THE CURRENT EDITION OF THE RESIDENTIAL CODE OF OHIO, 1, 2, & 3 FAMILY (RCO) AND APPENDIX GAS TO SWIMMING POOLS, SPAS, AND HOT TUBS DESIGNATED AS THE CITY OF NORWOOD RESIDENTIAL BUILDING CODE AS AMENDED, AND DECLARING AN EMERGENCY.

 

On a motion by Mr. Moore, seconded by Mr. Sanker, it was moved to hear the first reading of the Ordinance. All members present voted YES.

           

L) ADMINISTRATION REPORTS

 

Mayor Williams was present and noted that Tom White, Director of Public Works has an updated list of the streets where brush has been cleared and there has been significant progress.  Mr. Mumper asked what should be done in the case that residents see others burning brush.   The Mayor answered that with the brush as dry as it is, there is potential for danger and that the Fire Department should be contacted.

 

Mayor Williams also noted that the Safety-Service Director submitted a report to the Finance Committee regarding the purchase of 1,600 tons of salt.  In previous years, the cost was $50 a ton, but with the recent shortage, the best price we could get in the current market is $124.  While other communities are throwing sand, we feel salt is still the best option.  Mayor Williams also noted that a demolition company has agreed to remove steel at the old incinerator at no cost, we will then fix the roof, and the plan is to store the salt inside the old incinerator.  1,600 tons should cover us for the year with what we have on hand from last season, but this is of course dependent on the upcoming weather.

 

The Mayor announced that discussions are underway with the developers and engineering companies for Rookwood Exchange.  Preliminary layouts were shared which include a hotel, housing, garage, office and retail.  In addition, all parking will be underground. The preliminary drawings were submitted today; this is exciting and should be a first class development.  The Administration will keep Council informed.

 

Auditor Stith was also present and began his report by commenting that the September 2006 Cash Report were provided in the packets and that the 2007 GAAP Report has been filed with the State Auditor’s Office. The State Auditors are assisting us with the format for 2008.  As we build that template, the 2009 budget process has started and the next goal is to prepare the 5 year forecast.

 

Mr. Schneider asked about the status of the Auditor’s systems. Mr. Stith responded that minor upgrades are scheduled.  Software is to be updated and training is included in the appropriations.  The printer will be upgraded with savings from another key within the Auditor’s appropriations.

 

Mr. Sanker asked about previous penalties and interest incurred due to late payments and asked if we are working to have those costs rescinded.  Mr. Stith answered that the request for dismissal of those fines has been made, but the IRS very rarely excuses payments. The problem was that paperwork was not filed with the payment as required.

 

Ted Kiser was present and began his Law Director’s report by further commenting on the revised/updated building code and advised Council to direct any questions to the Building Commissioner or the Law Department.

 

When opened for questions, Mr. Mumper asked for an update on the Portable On Demand storage units (P.O.D.) Ordinance requested in the spring.   Mr. Kiser answered that the Ordinance will be ready for the next Council Meeting.

 

Mr. Moore asked if there was any action on the appeal at the corner of Franklin and Courtland Avenues. Mr. Kiser responded that he will have to report back.

 

Mr. Mumper asked for an update on the Empire Tavern case.  Mr. Kiser responded that the city has presented its case and is awaiting the scheduling of the fourth hearing date.

 

M) OTHER REQUESTS TO ADDRESS COUNCIL

 

N) UNFINISHED BUSINESS

 

Mr. Moore announced that the Community Development Committee will be hosting a Town Meeting at which CBI, Property Advisors, and Xavier University will present their community audit.  This will be held on November 13th at the Norwood High School Auditorium and the meeting will be recorded and broadcasted on NCT.         

 

Steve Thornbury reminded all that Senior Night for the Norwood Football Team is this Friday in which Norwood will host Edgewood for playoff implications.

 

 

O) NEW BUSINESS

Mr. Gabbard presented 1,300 signatures on the petition to keep the Norwood Health Department.

 

Mr. Schneider shared a poster from Jenny Wallace for the Marsh Insurance Clean Up event at Marsh and Northwoods parks. He also gave updates from the Recreation Commission regarding Fenwick Park improvements. The Commission and Administration worked together to complete the tasks in time for the grant and Mr. Schneider thanked Mr. Geers, Mr. White and Mayor Williams for their efforts.

 

Mr. Schneider also announced that basketball signups are underway at the Community Center and Halloween in the Park is scheduled for Saturday the 25th of October at Lindner Park. Christmas in the Community is being planned for Saturday December 6th.

 

Lastly, Mr. Schneider commented on the effort of the great team at Public Works, under the direction of Mr. White and commended their efforts at Millcrest Park after the wind storm.

 

Mr. Sanker added that Xavier University held a picnic at Millcrest Park and Xavier was very impressed with the maintenance and upkeep.  Again, Public Works is to be commended for their efforts.

 

P) COMMUNICATIONS

1)  Letter from the Health Department           Re: Request for Property Tax Liens

On a motion by Mr. Moore, seconded by Mr. Schneider, it was moved to receive and file the letter and request that the Law Department draft the appropriate Ordinance. All members present voted YES

 

2)  Letter from the Tax Department               Re: September Earnings Tax Report

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

 

3)  Letter from the Mayor’s office                  Re:  September Mayor’s Court Report

On a motion from Mr. Thornbury, seconded by Mr. Schneider, the report was received and filed. All members present voted YES.

 

4)  Letter from Mr. Rick Dettmer                   Re:  CDBG

As amended, this item was considered previously.

 

5)  Letter from Auditor’s Department            Re: Details of Exhibit A

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

 

6)  Letter from Hamilton County Commissioners      Re:  Climate Issues

On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to receive and file the letter and to appoint Ms. Debra Simpson as the representative to this committee.  All members present voted YES.

 

Q) EXCUSE ABSENT MEMBERS

All members were present.

 

R) ADJOURNMENT

On a motion by Mr. Mumper, seconded by Mr. Thornbury, the meeting was adjourned, with all present voting YES.

 

 

 

 

______________________________            ______________________________

J. Brian Mumper                                          Jane M. Grote

Clerk of Council                                            President of Council