Council
Chambers
March 24,
2009
a) CALL TO ORDER
The Council for the City of Norwood met in regular session on the above date with President Pro-Tem Mr. Keith Moore 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, Mr. Mumper
e) AMENDMENT OF AGENDA
On a motion by Mr. Schneider, seconded by Mr. Thornbury, it was moved to amend the agenda to hear P-2) immediately after the Public Hearing, and to add a letter P-4 prior to Item K-C. All members present voted “YES”.
F) PUBLIC HEARING
ORDINANCE ADOPTING THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE REQUEST FOR A ZONE CHANGE OF PARCEL 651-0026-0019 (WHICH ENCOMPASSES 2049 sHERMAN AVENUE, NORWOOD, OHIO 45212) FROM A “MULTI-FAMILY DISTRICT” (R-3) TO THAT OF AN “OFFICE DISTRICT” (o)
Mr.
Gabbard questioned the Mayor about the zone change. The Mayor said this looked
to be a great use of the property and is excited to see this move forward. Mr. Mumper added that it is not the first
time we have seen a request, but now that we have firm plans we can act on this
quickly.
On a
motion by Mr. Schneider, seconded by Mr. Sanker, 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. Schneider, it was moved to pass the
Ordinance. All members present voted “YES”.
As
amended council then considered the following.
P-2 Letter from Frank Perrino Re: Health Commissioner
On a
motion by Mr. Thornbury, seconded by Mr. Mumper it was moved to receive and file
the letter as if read. All members present voted “YES”. Dr. Perrino then was permitted to address
Council.
When
opened for questions, Mr. Sanker asked if the salary was higher than normal
base salary of $59,600. Dr. Perrino answered that it was slightly higher.
Mr.
Mumper asked if the residency requirement would be temporary or permanent. Dr.
Perrino noted that at this time the Board is simply asking for a waiver without
stipulation.
Mr.
Barlow wanted to know who increased the starting rates. Mr. Stith said they are
raised by ordinance based on cost of living adjustment, for the past few years,
to current salary.
Mr.
Schneider asked if the candidate had grant writing experience. Dr. Perrino said
she has experience in some grant application writing and maintenance.
Mr.
Sanker asked the Law Director if the waiver of residency would be on the
position or the particular candidate. Mr. Kiser answered that the waiver is
only to this particular individual.
Mr.
Schneider expressed his desire to fill the position with a Norwood
resident. For example, in a disaster it
would be nice to have that person local. Mr.
Schneider said he can see both sides of the residency argument, but would like
to see a time limit on the waiver in either case.
Mr.
Mumper asked the Law Director about the legality of a temporary waiver. Mr. Kiser answered that this could be
deliberated upon as the ordinance provides for a 6 month waiting period.
Mr.
Gabbard asked Dr. Perrino back to the podium for his reaction to the residency
issue. Dr. Perrino said the candidates concern is for her children’s enrollment
in their current schools and the economy and impact of selling her home. Dr. Perrino added that in this case the
residency requirement seems too strenuous.
Mr.
Gabbard asked if there were any qualified applicants from the city. Dr. Perrino
stated that none had experience. The 3 best candidates were all outside the
city. Mr. Thornbury then asked if anyone
currently employed by the Health Dept. applied for the position. Dr. Perrino answered that one applied, but
the choice of the Board of Health was Pam Walker-Bauer.
Mr. Mumper wanted to modify the motion to include discussion in the Finance and
Audit Committee. Mr. Thornbury felt that was fine as long as the discussion
happens quickly. Mr. Schneider added that we don’t have 6 months to discuss as
the candidate needs to know in order to decide on this position. Mr. Sanker
said the intent is to discuss and finalize this very quickly, but we need to be
sure to handle this residency issue.
Mr. Schneider agreed to modify his second to place the matter in
committee.
Mr.
Mumper asked if the position is contractual or an appointment. Mr. Arthur said
the Board of Health would like to offer a contract, but would need to investigate.
He noted that the Board had deliberated this matter as well.
Mr.
Mumper thought a 2 year waiver could be a possibility. Mr. Arthur concurred.
Mr.
Schneider thanked the Board of Health for their work in finding a candidate.
On a motion
by Mr. Thornbury, seconded by Mr. Schneider, it was moved to approve the
candidate’s hiring with requested salary and to place the issue of residency
into the Committee of the Whole. All members present voted “YES”.
G) REQUEST TO ADDRESS COUNCIL ON AGENDA ITEMS
There were no requests
H) REPORTS OF STANDING COMMITTEES OF COUNCIL
There were no reports
I) THIRD
A. ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO
ENTER INTO A COLLECTIVE BARGAINING AGREEMENT WITH AFSCME OHIO COUNCIL 8, LOCAL
3278 FOR THE YEARS 2009, 2010, AND 2011.
Mr. Schneider re-iterated that a formal process of employee feedback be included. The Mayor noted that documentation of disciplinary action is a standard process.
Mr. Schneider asked about the grievance process. The Mayor answered that the appointing authority handles grievances.
Mr. Sanker recalled that previous lawsuits were due to mismanagement of employees – not the performance review.
On a motion by Mr. Schneider, seconded by Mr. Mumper, it was moved to hear the third reading 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”.
J) SECOND
A. ORDINANCE IMPLEMENTING SECTIONS 3735.65 THROUGH 3735.70 OF THE OHIO REVISED CODE, ESTABLISHING AND DESCRIBING THE BOUNDARIES OF A COMMUNITY REINVESTMENT AREA IN THE CITY OF NORWOOD, OHIO, DESIGNATING A HOUSING OFFICER TO ADMINISTER THE PROGRAM, AND CREATING A COMMUNITY REINVESTMENT HOUSING COUNCIL AND TAX INCENTIVE REVIEW COUNCIL, AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH THE COMMUNITY REINVESTMENT AREA, AND DECLARING AN EMERGENCY.
Resident
Margaret Wehmeyer, addressed Council on this matter and expressed a concern
with the importance of this Ordinance and the need to know more about CRA
programs.
Mr.
Schneider said he has been reading through this with no major concerns. Most important
issue is that of communication. He likes the program as it is currently laid
out.
On a
motion by Mr. Sanker, seconded by Mr. Schneider, it was moved to hear the
second reading of the Ordinance. All members present voted “YES”.
K) INTRODUCTORY
READINGS 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. Mumper, seconded by Mr. Schneider, it was moved to suspend the
rules and hear all three readings of the ordinance. The motion passed, all
members present voted “YES”.
On a
motion by Mr. Mumper, seconded by Mr. Thornbury, the Ordinance passed. All
members present voted “YES”.
B.
ORDINANCE REPEALING EXISTING SECTION 711.01 ENTITLED “LICENSE REQUIRED” AND
ADOPTING NEW SECTION 711.01 ENTITLED “LICENSE REQUIRED” TO THE CODIFIED
ORDINANCES OF THE CITY OF NORWOOD, OHIO.
Mr.
Schneider asked the Auditor for an explanation of this Ordinance. Mr. Stith
said licenses and permits are not unilaterally identified or enforced. This
will allow standardization of license fees and enforcement.
Mr.
Schneider asked the purpose of the fees or what the fee covers. Mr. Kiser said
he will look into this. Typically these cover inspection costs, but he is not
sure how often these inspections occur.
On a
motion by Mr. Schneider, seconded by Steve Thornbury, it was moved to hear the
first reading of the Ordinance. All members present voted “YES”.
As
amended, Council then considered the following item.
P-4) Letter from Mayor Re:
Recreation Pool Fees
Mr.
Schneider explained the background and purpose of this Ordinance promoting
family environment. This was an attempt to get more of our community leaders at
the pools with their families.
Mr.
Sanker said the commission already has this authority to make the change on
their own. Mr. Mumper asked if the Recreation Commission voted to request this.
Mr. Schneider said no, but will address the matter with the Commission. There
is concern with repercussions of waiving fees. He is trying to increase number
of family passes.
On a
motion by Mr. Mumper, seconded by Mr. Sanker, Council moved to honor the
Mayor’s request and Item K-C was removed from the agenda. All members present
voted “YES”.
C.
ORDINANCE ALLOWING CITY EMPLOYEES TO HAVE FEES WAIVED FOR ADMISSION TO ALL CITY
OF NORWOOD MUNICIPAL POOLS.
As amended,
this item was removed from the Agenda.
D. ORDINANCE
ENACTING PROVISIONS FOR COMPETITIVE VIDEO SERVICE AUTHORIZATIONS, ESTABLISHING
FEES, DEFINING CERTAIN TERMS, AND AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO
PROVIDE CERTAIN NOTICE TO THE VIDEO SERVICE PROVIDERS OFFERING VIDEO SERVICE IN
THE CITY OF NORWOOD OHIO, PURSUANT TO STATE AUTHORIZATION AND DECLARING AN
EMERGENCY.
Mr.
Moore asked Norwood Cable Television executive director, Tyler Meyer, to the
podium. Mr. Meyer expressed concern about the long term direction for local
cable access and the funding stream and explained this Ordinance.
Mr.
Schneider said this only makes provisions for cable and fiber optics. Direct TV
and satellite are not affected. Mr.
Meyer explained the role of the City in this matter.
Mr.
Schneider asked if Cincinnati Bell TV customers receive NCT. Mr. Meyer said they will but the cost and
logistics will need to be negotiated.
Mr.
Sanker asked Mr. Chris Brown to the podium to explain the legal implications of
this and the expiring Time Warner contracts.
Mr. Brown said the Community Development Director has been involved in
this and was the expert in this matter but noted that 5% fees collected from
Cincinnati Bell would be directed to the General Fund and could be distributed
from there. This does not include
satellite since that transmission does not require city right of way. This ordinance is the mechanism to provide
notice to any current and future cable providers. Mr. Brown explained the Time
Warner contract and transfer of funds to PACE.
Mr.
Sanker asked the timeframe for these ordinances. Time Warner remains in affect
until July 2010, but there is a possibility that Time Warner could opt out of
the agreement.
On a
motion by Mr. Schneider, 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. Schneider, seconded by Mr. Moore, the Ordinance passed. Mr.
Thornbury abstained from voting. All other members present voted “YES”.
L) ADMINISTRATION REPORTS
The
Mayor opened his report by commenting that the intent of encouraging families
to visit Norwood swimming pools is great. We just need to work out the details.
Mayor
Williams continued by providing figures for Sherman Avenue project. $125,000 in
MRF Funds, estimated cost $350,000 and the city portion would be $225,000
without any stimulus funds.
The
Mayor also noted that on March 28th, Joseph Beth Booksellers will
host the Cincinnati Horticultural Society launch of “GROW” program. It is an
urban vegetable growing initiative and he encourages residents to attend. It
would be great for children.
When
opened for questions, Mr. Gabbard asked about the possibility of more input and
information from the Economic Development Director. He doesn’t feel that
Council is updated and would like to know as new information becomes available.
The Mayor said the Economic Development Director is very active in the Playing
Card property and Mr. Dettmer is a regular at Community Development meetings.
Mayor Williams noted that until a move is announced these items are
confidential.
Mr.
Gabbard would like to receive a monthly report if possible. The Mayor noted he
would look into the request.
Mr. Thornbury
would be interested in Mr. Dettemer’s input on CRA. The Mayor said Mr. Dettmer
has been very involved in the preparation of this ordinance, and behind the
scenes for months.
Mr.
Gabbard wants to make sure we continue to be aggressive on graffiti problems.
The Mayor responded that he will look into it and provide a report.
In
closing, and on a personal note, Mayor Williams thanked the Paramedic Units.
Mr.
Stith opened his report by directing Council and the public to
NorwoodAuditor.com for future monthly reports. Email notices will be sent in
the future, while providing one hard copy to the Clerk of Council. Financial
reports, audits, fiscal watch analysis and department reports will all be
available electronically.
Mr.
Barlow had a question regarding a salary freeze. Was that only a freeze on
changes to salary ranges? Mr. Stith answered that each year the pay range
increases by cost of living. The ordinance that froze salaries only froze
salaries and not the salary brackets.
Mr.
Moore commented that it is probably time to revisit that ordinance.
Mr.
Kiser began his report by announcing that criminal charges for graffiti have
been filed in Hamilton County. The city
is aggressively eliminating graffiti and prosecuting offenders where possible.
Mr.
Kiser also announced an appeal for Empire Tavern has been filed. The good news is the license is not usable
during the appeal process.
In
closing Mr. Kiser made a pitch for Council to restore their old salary rate, as
they deserve it.
M) OTHER REQUESTS TO
ADDRESS COUNCIL
There
were no requests.
N) UNFINISHED BUSINESS
On a
motion by Mr. Mumper seconded by Mr. Sanker, it was moved to accept the finding
of fact provided by the Law Department.
Members voting “YES” were Mr. Gabbard, Mr. Sanker, Mr. Moore, Mr.
Barlow, and Mr. Mumper. Voting “NO” were Mr. Schneider and Mr. Thornbury. The
motion passed (5- 2.
Mr.
Barlow mentioned that as made possible by the Finance Committee, The Clerk of
Council’s office, and the Law Department, the Codified Ordinances are available
online both on the City’s main site as well as www.norwood-ohio.com/council.
O) NEW BUSINESS
Mr.
Schneider asked to place the Video Service Provider allocation of fees into the
Finance and Audit Committee.
Mr. Mumper
announced a COW meeting next Tuesday at 7 pm in Council Chambers to discuss the
residency restrictions.
Mr.
Moore explained the due diligence in creation of CRA ordinance and thanked
Economic Development Director, Mayor, Community Development Committee and
others involved.
Mr.
Gabbard asked that the garbage ordinance be placed into COW and for the Clerk
of Council’s Office to pull the Ordinance for review.
P) COMMUNICATIONS
1. Auditor’s Report Re: February 2009
On a
motion by Mr. Mumper, seconded by Mr. Barlow the report was accepted as if
read. All members present voted “YES”.
2. Letter from Frank Perrino, MD Re: Commissioner
As
amended, this item was considered previously.
3. Letter from Robert G. Kelly Re: Appeal-Empire Tavern
On a motion
by Mr. Mumper, seconded by Mr. Thornbury, the letter was received and filed.
All members present voted “YES”.
4. Letter from Mayor Re: Recreation Pool Fees
As
amended, this item was considered previously.
Q) EXCUSE ABSENT
MEMBERS
On a
motion by Mr. Sanker, seconded by Mr. Schneider, it was moved to excuse the
absence of Council President Jane Grote.
All members present voted “YES”.
R) ADJOURNMENT
On a motion by Mr. Mumper, seconded by Mr. Thornbury, the meeting was adjourned. All members present voted “YES”.
______________________________ ______________________________
J. Brian Mumper Jane
M. Grote
Clerk of Council President
of Council