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Norwood City Council

Council Chambers

December 23, 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. Barlow, and Mr. Mumper.

 

E) AMENDMENT OF AGENDA

On a motion by Mr. Mumper, seconded by Mr. Moore, the agenda was amended to move K-A to after PH-1, to substitute K-B attached contract and to add Ordinance K-E).  All members present voted “YES”.

 

F) PUBLIC HEARINGS

PUBLIC HEARING FOR CONSIDERATION OF PLANNING COMMISSION RECOMMENDATIONS PRELIMINARY PUD SUBMISSION FOR THE ROOKWOOD EXCHANGE PROJECT LOCATED AT THE INTERSECTION OF EDMONDSON ROAD AND I-71

 

Ms. Grote began the Public Hearing by explaining the rules ofr Public Hearings. 

 

When no one came forward to speak in favor of, or against the Ordinance, the Public Hearing closed.

 

As amended, Council then considered the following item.

 

A. ORDINANCE APPROVING THE PRELIMINARY PLAN FOR 12.71 ACRES OF LAND COMPRISING THE ROOKWOOD EXCHANGE PLANNED UNIT DEVELOPMENT

 

Mr. Jeffrey Anderson and his attorney, Mr. Richard Tranter, from Anderson Development, said this is a very preliminary PUD.  The PUD was submitted and he shared the architectural renderings with proposed uses and density plans. This allows marketing of the property to begin with potential uses including hotel, residential, office, and retail.  Parking is to be below surface.

 

Mr. Schneider asked for the timeframe.  Mr. Anderson said it would be based on marketing, lending, and the interest of potential tenants. It is pretty much starting over, but this is a necessary first step.

 

Mr. Moore added that he is glad to see progress, but this is very preliminary. Changes should be expected as the market demands.

 

Mr. Schneider asked if the developer would continue to appear before the Community Development Committee for updates. Mr. Moore said that is the expectation.

 

Mr. Sanker added that there may be concerns regarding traffic and those issues will be addressed as the process continues.

 

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”.

 

On a motion by Mr. Moore, seconded by Mr. Mumper, the ordinance was approved. All members present voted “YES”.

 

G) REQUEST TO ADDRESS COUNCIL ON AGENDA ITEMS

 

H) REPORTS OF STANDING COMMITTEES OF COUNCIL

1. Community Development   Re: HUD Neighborhood Stabilization Program

 

Mr. Schneider asked if the $375,000 was a grant and if so what are the matching requirements?

 

Mr. Moore stated the County submitted application during the summer, based on estimates of distressed property.  The City has 18 months to allocate spending over the next few years - some will be directed to demolition, other funds could be determined down the road. The Building Department is working to determine how to spend these funds.

 

Mr. Sanker added that the funds could also be used to generate revenue by redeloping property and moving the property on to further development.

 

On a motion by Mr. Mumper, seconded by Mr. Barlow, the report was accepted. All members present voted YES.

 

I) SECOND READINGS OF ORDINANCES

A. ORDINANCE MAKING PERMANENT APPROPRIATIONS FOR THE EXPENDITURES OF THE CITY OF NORWOOD, OHIO, FOR THE CALENDAR YEAR ENDING 12-31-2009 AND DECLARING AN EMERGENCY  

 

Mr. Barlow asked that the appropriations for streets be increased to meet the promises of the last levy requirements. 

 

Mr. Schneider asked how this affects our budget. Mr. Stith replied that it puts us at a deficit spending situation. Based on estimates we will not have appropriate revenue to cover these expenditures without dipping into contingency.  Everyone would like to see street repairs, but the goal was to pass a balanced budget and add only based on increased revenue.

 

Mr. Barlow added that with 3 million in surplus, at the end of this year, it is not quite deficit spending.  This is about the promise made by Resolution with respect to street repair.  He would love to have a zero sum budget, but we need to keep our promise to our residents.  Adjustments will be made throughout 2009 anyway and we can adjust every key as necessary.

 

Mr. Moore feels many priorities are in place in this budget.  With streets as an afterthought, or “leftover”, implies this is not a priority.  We have to maintain our infrastructure and our streets are an important part of our image.  While not balanced, this is not deficit spending in that we are not borrowing to fund this maintenance.

 

Mr. Mumper noted that this is of critical importance. Council has worked hard to create a surplus.  We should be spending this surplus only as needed, but a commitment to our streets, residents and image is long overdue.

 

Mr. Sanker added that while we can’t go in the hole with our spending we should use a contingency fund where necessary.

 

Mr. Schneider said reserve for contingency is $100,000. There are other areas where some keys are possibly inflated.  Mr. Stith described the budgeting process used in preparation of 2009 budget. There are requests for increased expenditures but those are few and far between. The three million dollar surplus does not include any outstanding purchase orders so that could be somewhat depleted.  Mr. Stith mentioned three projects where grant funds have been awarded.

 

Mr. Sanker suggested we use funds in Streets key as our matching funds. These are all components of the bigger picture.  We are only moving a portion of funds tonight, but the manner in which these funds are spent is a separate discussion.  In order to accommodate these larger projects additional discussion is needed.

 

Mr. Schneider agreed that this is a good discussion and that the budget is dynamic so these items don’t all have to be solved tonight.

 

Mr. Sanker agreed, additional discussion will take place as the year plays out. We will all be required to engage in these discussions.

 

Mr. Schneider asked if the Health Department was still fully funded.  Mr. Barlow said yes, the only change is an increase in Streets.

 

On a motion by Mr. Barlow, seconded by Mr. Gabbard, it was moved to amend the ordinance to increase line 2902 to $400.00.  All members present voted “YES”.

 

On a motion by Mr. Barlow, seconded by Mr. Moore, it was moved to suspend the rules and hear all three readings of the amended Ordinance. All members present voted YES.

 

On a motion by Mr. Mumper, seconded by Mr. Barlow, the ordinance passed. All members present voted “YES”

 

J) SECOND READINGS OF RESOLUTIONS

 

K) INTRODUCTORY READINGS OF ORDINANCES

A. ORDINANCE APPROVING THE PRELIMINARY PLAN FOR 12.71 ACRES OF LAND COMPRISING THE ROOKWOOD EXCHANGE PLANNED UNIT DEVELOPMENT

 

As amended, this item was considered previously.

 

B. ORDINANCE AUTHORIZING THE SAFETY– SERVICE DIRECTOR TO ENTER INTO A LABOR AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #445 FOR YEARS 2009-2011, AND DECLARING AN EMERGENCY

 

Mr. Barlow mentioned he had spoke with the Mayor and a 2% increase in 2009 will be renegotiated next year.

 

Mr. Mumper asked if the minimum man per shift has changed, Mayor Williams responded that the minimum man is 12.

 

Mr. Moore asked the Law Director to explain the timing.  Mr. Kiser answered that the old contract would prevail until a new contract is approved. Ms. Grote said there is a 30 day period from the time the contract is submitted for Council to act.

 

Mr. Schneider made a motion, seconded by Mr. Gabbard, for a 10 minute recess. The motion passed. All present voted “YES”.

 

Upon returning from recess, Mr. Gabbard thanked the firefighters and administration for working together on this timing.

 

Mr. Barlow reiterated 2% - 1 year, minimum man 13 to 12 for 3 years, and hiring another fire fighter and EMS employee. Mr. Geers joined the discussion to explain details.

 

Mr. Schneider asked if we were just reopening negotiations on salary?  Mr. Kiser confirmed.

 

Mr. Barlow announced the firefighters are voting the next 3 days and that’s when the 30 day period begins. A first reading is appropriate, but it would be great to pass this tonight and move forward..

 

Mr. Schneider noted he had no problem passing it tonight. Mr. Mumper agreed and added it was a fast but effective negotiation.

 

On a motion by Mr. Moore, seconded by Mr. Schneider, it was moved to suspend the rules and hear all three readings.  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”.

 

C) ORDINANCE CREATING AND ESTABLISHING THE EMERGENCY FUND, AND DECLARING AN EMERGENCY

 

Mr. Moore had questions to be addressed in regard to terms, conditions and funding requirements.  Mr. Sanker affirmed and added that a discussion with regard to liquidity of these funds for future use should be scheduled.  We need to be aware of terms before locking away any funds.  Mr. Stith responded that under the Ohio Revised Code there are specific requirements. It would be nice to have a Finance meeting and include the Administration.

 

On a motion by Mr. Sanker, seconded by Mr. Barlow, the ordinance was placed in the Finance & Audit Committee.  All present voted “YES”.

 

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

 

Mr. Barlow explained the changes implemented by this Ordinance.

 

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

 

E) ORDINANCE AUTHORIZING THE SAFETY- SERVICE DIRECTOR TO ENTER INTO A LEASE AGREEMENT, UNDER THE STATE BID PURCHASE PROGRAM, WITH PROCOPY, FOR THE LEASE OF COPIERS FOR THE CITY OF NORWOOD, AND DECLARING AN EMERGENCY.

 

Mr. Mumper asked if these would be “all in one” printer, scanner and copier machines.  Mr. Stith affirmed and noted that these will be networked with no additional charge.

 

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

 

L) INTRODUCTORY READINGS OF RESOLUTIONS

 

M) ADMINISTRATION REPORTS

Mr. Stith was present and described the monthly Auditor’s report. Charts and new attachments were explained. The department is wrapping up year end with purchase orders and invoices.

 

Mr. Schneider asked if the State Auditors were still onsite.  Mr. Stith answered the State Auditors are still in City Hall finishing their audit of Norwood. They are also working on a 5 year forecast with the Auditor’s department.

 

During the Law Director’s report, Mr. Kiser wished everyone a Merry Christmas and Happy New Year. He presented a letter from Ohio Liquor Control Board in regard to Donna’s Carryout and their approval as a State Agency.

 

Mr. Mumper asked if there were other protests from the community.  Mr. Kiser answered none were present at the hearing.

 

Mr. Schneider asked for a Mayor’s Court update.  Mr. Kiser responded that we are diligent in our accounting and the new state legislation should present no real change in Norwood’s operation.  More information will be forthcoming.

 

N) OTHER REQUESTS TO ADDRESS COUNCIL

 

M) UNFINISHED BUSINESS

 

N) NEW BUSINESS

 

O) COMMUNICATIONS

1. Letter from Auditor’s Office                      Re: 2009 General Fund Graph

On a motion by Mr. Moore, seconded by Mr. Schneider, it was moved to receive and file the graph. All members present voted “YES”.

 

2. Letter from Ohio Liquor Control Board     Re: Donna’s Carryout

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

 

3. Letter from Recreation Commission           Re: Sports Sign Ups

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

 

4. Letter from Tax Department                       Re: November Earnings Tax Report

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

 

5. Letter from Planning Commission              Re: Request for Public Hearing

Mr. Mumper asked that all with an opinion express that to Council members or attend the Public Hearing.

 

On a motion by Mr. Schneider, seconded by Mr. Mumper, it was moved to receive and file the letter and set Public Hearing for February 10, 2009. All members present voted “YES”.

 

6. Letter from Auditor’s Office          Re: Auditor’s Report

On a motion by Mr. Schneider, seconded by Mr. Moore, it was moved to receive and file the report. All members present voted “YES”.

 

7. Letter from Dawn James-Ballato    Re: Taxes and Related Small Business Issues

On a motion by Mr. Gabbard, seconded by Mr. Mumper, it was moved to receive and file the letter, with copies to Police Department, Building Department, Public Works and Safety-Service Director. All members present voted “YES”.

 

8. Letter from Safety-Service Director           Re: Bureau of Workers Compensation

Mr. Mumper noted the diligence of Safety-Service Director Joe Geers and thanked him for addressing these matters. He also commended the members of the Safety Committee for their efforts in reducing the City costs.

 

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

 

P) EXCUSE ABSENT MEMBERS

On a motion by Mr. Mumper, seconded by Mr. Gabbard, it was moved to excuse the absent member.  All members present voted “YES”.

 

Q) ADJOURNMENT

On a motion by Mr. Mumper, seconded by Mr. Moore, the meeting was adjourned. All members present voted YES.

 

 

 

______________________________            ______________________________

J. Brian Mumper                                          Jane M. Grote

Clerk of Council                                            President of Council