November 5, 2007
MONDAY, NOVEMBER 5, 2007
The regular meeting of the Bowling Green City Council, held in the Council Chamber, 304 North Church Street, Bowling Green, Ohio was called to order at 8:00 p.m. by Acting Council President Heminger. The meeting began with the Pledge of Allegiance.
On roll call, Council Members Dunn, Frost, Heminger, McOmber, Sorrells, and Zanfardino responded. Also present were Acting Mayor Megan Newlove, Municipal Administrator John Fawcett, City Attorney Michael Marsh, Parks and Recreation Director Michelle Grigore, Public Works Director Brian Craft, Utilities Director Kevin Maynard, and Planning Director Rick Ketzenbarger. Mayor John Quinn was not present.
Acting Council President Heminger declared the minutes of the meeting held October 15, 2007 approved as distributed.
CORRESPONDENCE
Clerk received from the Ohio Division of Liquor Control an application for a transfer of Class D5 liquor permit from Samuel Becketts, LLC, dba Becketts, at 146 N. Main Street, Bowling Green, Ohio, to Madd Jake Ventures, LLC, dba Becketts, at the same location. Clerk noted that a check of the records was requested but not received at this time.
OFFICIAL REPORTS
Acting Mayor Megan Newlove had no report.
On behalf of the Mayor, Council Member Sorrells requested confirmation of the following individuals to serve as board members for the Convention & Visitors Bureau’s Board of Directors:
Renewals:
Elaine Skoog – At-Large – 1 year term
Diane Huffman – At-Large – 1 year term
Beth Genson – Media Representative – 1 year term
Tom Baer – Lodging Representative (w/meeting facilities) – 1 year term
Larry Sorrells – City Representative - 2 year term
Charlie Bechstein – Banking Representative – 2 year term
Quentin Dudeck – Lodging Representative – 2 year term
Kelli Kling – Attraction or Event Representative – 2 year term
New:
Deb Pirooz - Restaurant Representative – 2 year term
Leslie Florea – Lodging Association Representative – 3 year term
Christa Robison – At Large – 2 year term
2008 Executive Board:
Quentin Dudeck – Chairman
Larry Sorrells – Vice-Chairman
Michelle Grigore – Secretary
Charlie Bechstein – Treasurer
Earlene Kilpatrick – Ex-Officio
Council Member Zanfardino moved, Dunn seconded, to approve the appointments as outlined above. On unanimous voice vote, Acting Council President Heminger declared motion carried.
Municipal Administrator John Fawcett announced that Bowling Green was named one of five “Best Hometowns” in by Ohio Magazine and was featured in the November, 2007 issue. Copies of the magazine have been ordered for members of Council.
Fawcett also noted that requested information regarding Larch Landing is still being gathered and will be distributed to Council soon.
Planning Director Rick Ketzenbarger reported that the City will be taking an aggressive approach to enforcing the removal of snow and ice from sidewalks throughout the city this winter. Ketzenbarger noted that a brochure outlining the City’s snow removal guidelines is being mailed with all utility bills, advertised in the Sentinel Tribune, distributed by email to BGSU students, and distributed during BGSU’s Off-Campus Housing Fair. Ketzenbarger explained that residents are to have sidewalks cleared within 24 hours of the end of the storm. Failure to clear sidewalks may result in a civil infraction citation or a criminal citation for a minor misdemeanor with a maximum penalty of $100 per violation. The City will have it contractor clear the sidewalk and bill the property owner at a rate of $60.00 per hour with a minimum charge of one hour. If the bill is not paid, the charge will be placed on the real estate property tax duplicate. Ketzenbarger further explained that the City’s code enforcement officers will first make sure that sidewalks on streets leading to schools are cleared and those that are not will be referred to the contractor. They will also respond to complaints called into the Planning Department office. Those who are physically unable to clear their walks can call the Public Works office to learn about programs offering assistance.
Parks and Recreation Director Michelle Grigore had no report.
City Attorney Michael Marsh had no report.
Utilities Director Kevin Maynard had no report.
Public Works Director Brian Craft reported that curbside leaf pickup continues with crews moving into the third ward. Craft noted that crews will make three or four passes through the city to pick up leaves depending on how quickly they fall.
NEW LEGISLATION
New legislation was recommended by the Administration and presented to Council for introduction. Council Member McOmber, for the Finance Committee, introduced the following new legislation:
· Resolution transferring previously appropriated funds.
· Ordinance providing supplemental appropriations for the current expenses and other expenditures of the City of Bowling Green, Ohio, during the fiscal year beginning January 1, 2007 and ending December 31, 2007.
· Ordinance amending and adopting Section 32.07 of the Codified Ordinances of the City of Bowling Green, Ohio, relating to requests for and establishing fees for copies of public records.
COUNCIL COMMITTEE REPORTS
Council Member McOmber announced that the Finance Committee will hold the annual budget hearings on Wednesday, November 14, at 3:30 p.m. and Thursday, November 15, at 1:00 p.m. in the Council Chambers.
LOBBY VISITATIONS
Tom Wagner commented that he brought with him this evening four Boy Scouts who are working on their citizenship and community merit badge.
READING OF LEGISLATION
Clerk read Resolution #3349 transferring previously appropriated funds, for first reading.
Council Member McOmber moved, Sorrells seconded, to suspend the rules and give Resolution #3349 its second and third reading. On roll call vote, Council Members Frost, Heminger, McOmber, Sorrells, Zanfardino, and Dunn voted yes. Acting Council President Heminger declared motion carried, and rules suspended.
Clerk read Resolution #3349 for second and third reading by number and title only.
Council Member McOmber moved, Sorrells seconded, to adopt Resolution #3349. On roll call vote, Council Members Heminger, McOmber, Sorrells, Zanfardino, Dunn, and Frost voted yes. Acting Council President Heminger declared motion carried, and Resolution #3349 adopted.
Clerk read Ordinance #7718 providing supplemental appropriations for the current expenses and other expenditures of the City of Bowling Green, Ohio, during the fiscal year beginning January 1, 2007 and ending December 31, 2007, for first reading.
Council Member McOmber moved, Sorrells seconded, to suspend the rules and give Ordinance #7718 its second and third reading. On roll call vote, Council Members McOmber, Sorrells, Zanfardino, Dunn, Frost, and Heminger voted yes. Acting Council President Heminger declared motion carried, and rules suspended.
Clerk read Ordinance #7718 for second and third reading by number and title only.
Council Member McOmber moved, Sorrells seconded, to adopt Ordinance #7718. On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes. Acting Council President Heminger declared motion carried, and Ordinance #7718 adopted.
Clerk read Ordinance #7719 amending and adopting Section 32.07 of the Codified Ordinances of the City of Bowling Green, Ohio, relating to requests for and establishing fees for copies of public records, for first reading.
There were no resolutions or ordinances for second reading.
Clerk read Ordinance #7709 creating and adopting Section 70.41 of the Codified Ordinances of the City of Bowling Green, Ohio, relating to the storage of recreational vehicles at residences, for third reading.
Council Member Sorrells moved, Frost seconded, to adopt Ordinance #7709. Council Member McOmber asked for clarification about where a recreational vehicle (RV) can be parked at a residence. Planning Director Rick Ketzenbarger commented that the Code Enforcement Officers are going to be enforcing the required front yard setback, so if the RV is parked beyond the front yard setback that would be legal according to this ordinance. McOmber noted that the proposed ordinance limits the days to 10 per year that an RV can be parked in front of a residence. McOmber also noted that the new ordinance will be easier to enforce than the previous one.
On roll call vote, Council Members Zanfardino, Dunn, Frost, Heminger, McOmber, and Sorrells voted yes. Acting Council President Heminger declared motion carried, and Ordinance #7709 adopted.
Clerk read Ordinance #7710 amending and adopting Section 38.02(B) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to Class B Civil Offenses, for third reading.
Council Member Sorrells moved, McOmber seconded, to adopt Ordinance #7710. On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Sorrells, and Zanfardino voted yes. Acting Council President Heminger declared motion carried, and Ordinance #7710 adopted.
Clerk read Ordinance #7711 authorizing the Utilities Director to apply for a loan and execute an agreement with the Ohio EPA Water Supply Revolving Loan Account and/or the Ohio Water Development Agency for the construction of the low service and river intake improvements, for third reading.
Council Member McOmber moved, Zanfardino seconded, to adopt Ordinance #7711. On roll call vote, Council Members Frost, Heminger, McOmber, Sorrells, Zanfardino, and Dunn voted yes. Acting Council President Heminger declared motion carried, and Ordinance #7711 adopted.
Clerk read Ordinance #7712 authorizing the Utilities Director to advertise for bids and enter into a contract or contracts for the purchase of two sulfur hexafluoride circuit breakers for use at the Gypsy Lane Road Substation, for third reading.
Council Member McOmber moved, Sorrells seconded, to adopt Ordinance #7712. On roll call vote, Council Members Heminger, McOmber, Sorrells, Zanfardino, Dunn, and Frost voted yes. Acting Council President Heminger declared motion carried, and Ordinance #7712 adopted.
Clerk read Ordinance #7713 authorizing the Utilities Director to advertise for bids and enter into a contract or contracts for the inspection and cleaning of trunk sewers larger than 60 inches in diameter, for third reading.
Council Member McOmber moved, Zanfardino seconded, to adopt Ordinance #7713. On roll call vote, Council Members McOmber, Sorrells, Zanfardino, Dunn, Frost, and Heminger voted yes. Acting Council President Heminger declared motion carried, and Ordinance #7713 adopted.
Clerk read Ordinance #7714 authorizing the Utilities Director to execute a power sales contract with American Municipal Power-Ohio, Inc., and to take other actions in connection therewith for up to 35 megawatts of capacity from the Prairie State Energy Campus, for third reading.
Council Member McOmber moved, Frost seconded, to adopt Ordinance #7714. McOmber commented that entering into this contract and the one that follows in Ordinance #7715 will lock in necessary power sources to replace those that the City will be losing at the end of 2008. Groups that have argued against coal-powered plants have not offered viable alternatives to make up the amount of power that Bowling Green will be losing when its contract with First Energy ends. McOmber further commented that today’s coal plants are much cleaner and environmentally friendly than plants of the past. He stated that much research has gone into replacing the necessary power and believes that this is in the best interest of the citizens of Bowling Green.
Council Member Sorrells commented that Bowling Green has been on the cutting edge of renewable energy sources with its wind farm, but it is not a fully reliable and steady supply.
Council Member Dunn commented that the following ordinance which authorizes a contract for up to 20 megawatts of capacity from a hydro-project is also not a fully reliable and steady supply and is somewhat susceptible to current conditions whether dry or wet. The coal-fired plants provide consistent power.
Council Member Zanfardino commented that while coal is the current reliable source of energy, he hopes that there are other alternatives in the future that can be used by Bowling Green that are more environmentally friendly.
On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes. Acting Council President Heminger declared motion carried, and Ordinance #7714 adopted.
Clerk read Ordinance #7715 authorizing the Utilities Director to execute a power sales contract with American Municipal Power-Ohio, Inc., and to take other actions in connection therewith for up to 20 megawatts of capacity from the AMP-Ohio Hydro System project, for third reading.
Council Member McOmber moved, Zanfardino seconded, to adopt Ordinance #7715. On roll call vote, Council Members Zanfardino, Dunn, Frost, Heminger, McOmber, and Sorrells voted yes. Acting Council President Heminger declared motion carried, and Ordinance #7715 adopted.
Clerk read Ordinance #7716 accepting an easement for right-of-way municipal purposes from Marilyn J. Beattie, Trustee, for third reading.
Council Member Heminger moved, Dunn seconded, to adopt Ordinance #7716. On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Sorrells, and Zanfardino voted yes. Acting Council President Heminger declared motion carried, and Ordinance #7716 adopted.
Clerk read Ordinance #7717 authorizing the Municipal Administrator to consent to a transfer of the assets of Noveon, Inc., to the newly named corporation “Lubrizol Advance Materials, Inc.”, for third reading.
Council Member Heminger moved, McOmber seconded, to adopt Ordinance #7717. On roll call vote, Council Members Heminger, McOmber, Sorrells, Zanfardino, Dunn, and Frost voted yes. Acting Council President Heminger declared motion carried, and Ordinance #7717 adopted.
Council Member Frost moved, McOmber seconded, to adjourn. On unanimous voice vote, Acting Council President Heminger adjourned the November 5, 2007 regular meeting of the City Council at 8:38 p.m., subject to call.

