MONDAY, OCTOBER 1, 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 Council President Newlove.  The meeting began with the Pledge of Allegiance.

 

On roll call, Council Members Dunn, Heminger, McOmber, Newlove, Sorrells, and Zanfardino responded.  Council Member Frost was not present.  Also present were Mayor John Quinn, 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.

 

Council President Newlove declared the minutes of the meeting held September 17, 2007 approved as distributed.

 

 

CORRESPONDENCE

 

                Clerk noted that a listing of budget transfers for the month of September was received from Finance Director Brian Bushong and distributed to Council prior to the meeting for approval.  Council Member Sorrells moved, Heminger seconded, to approve the transfers as presented.  On unanimous voice vote, Council President Newlove declared motion carried.  A copy of the transfers is attached and made a part of these minutes.

 

            Clerk noted for the record that copies of the Budget Summary Report for the month of August, 2007 was distributed to Council prior to the September 17 meeting.

 

 

OFFICIAL REPORTS

 

            Mayor John Quinn presented a proclamation to Erin Hachtel of the Bowling Green Jaycees proclaiming “Jaycee Week” in Bowling Green.

 

            Mayor Quinn also invited Council Members to Parks & Recreation Foundation’s Wine & Cheese fundraiser that will be held at the Rotary Nature Center on Friday, October 5.

 

            Municipal Administrator John Fawcett had no report.

 

            Council Member Dunn commented regarding the draft version of the Diversity & Workplace Equity and the Policy Against Sexual and Other Harassment noting that on Administrative Instruction No. 37 there are 12 elements listed in the first section of the policy and that not all 12 are listed under the Other Harassment section.  Dunn requested that all 12 elements be listed in that section as well. 

 

            Planning Director Rick Ketzenbarger had no report

 

            Parks and Recreation Director Michelle Grigore had no report.

 

            City Attorney Michael Marsh had no report.

 

            Utilities Director Kevin Maynard had no report.

 

            Council Member Dunn requested that the questionnaire from the Natural Resources Defense Council and the detailed response from AMP-Ohio regarding the City’s participation in the coal-fire projects be posted on the City’s website

 

            Public Works Director Brian Craft reported that the sidewalk project on S. Main Street has begun and should be finished up by the end of the week and street striping will also begin this week.

 

 

NEW LEGISLATION

 

            The following new legislation was recommended by the Administration and presented to Council for introduction:

 

            Council Member Heminger, for the Planning, Zoning and Economic Development Committee, introduced an accepting an easement for right-of-way municipal purposes from Marilyn J. Beattie, Trustee.

 

            Council Member Heminger, for the Planning, Zoning and Economic Development Committee, introduced an ordinance authorizing the Municipal Administrator to consent to a transfer of the assets of Noveon, Inc., to the newly named corporation “Lubrizol Advance Materials, Inc.”

 

            Council Member Newlove, for the Finance Committee, introduced a resolution adopting the Estimate of Revenues for the year 2008.

 

            Council Member Sorrells, for the Transportation and Safety Committee, introduced an ordinance 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.

 

            Council Member Sorrells, for the Transportation and Safety Committee, introduced an ordinance amending and adopting Section 38.02(B) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to Class B Civil Offenses.

 

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance 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.

 

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance 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.

 

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance 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.

 

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance 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.

 

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance 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.

 

 

COUNCIL COMMITTEE REPORTS

 

            Council Member Sorrells scheduled a meeting of the Transportation and Safety Committee on Monday, October 15, 2007 at 7:15 p.m. in the Council Chamber to discuss a petition brought forth by residents of Larch Landing for full city services.  Council Member Heminger requested that the leaders of the homeowners association of Larch Landing be notified of that meeting.

 

 

LOBBY VISITATIONS

 

            The following individuals addressed Council:

 

·         Shannon Fisk, Natural Resources Defense Council

·         Jennifer Walling, Environmental Law & Policy Center

·         Tony Szilagye, Sierra Club

 

They expressed concerns regarding the City’s involvement in a coal-fired project citing environmental concerns and increase project costs and encouraged the City to continue its example by promoting renewable energy by adding more wind turbines or considering other renewable options.

 

 

READING OF LEGISLATION

 

            Clerk read Resolution #3347 adopting the estimate of revenues for the year 2008, for first reading.

 

            Council Member Newlove moved, Sorrells seconded, to suspend the rules and give Resolution #3347 its second and third reading.  On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, and Dunn voted yes.  Council President Newlove declared motion carried, and rules suspended.

 

            Clerk read Resolution #3347 for second and third reading by number and title only.

 

            Council Member Newlove moved, McOmber seconded, to adopt Resolution #3347 and the attachment which accepts the amounts and rates as determined by the Budget Commission and authorizes the necessary tax levies and certifies them to the County Auditor.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Heminger voted yes.  Council President Newlove declared motion carried, and Resolution #3347 adopted.

 

            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 first reading.

 

            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 first reading.

 

            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 first reading.

 

            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 first reading.

 

            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 first reading.

 

            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 first reading.

 

            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 first reading.

 

            Clerk read Ordinance #7716 accepting an easement for right-of-way municipal purposes from Marilyn J. Beattie, Trustee, for first reading.

 

            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 first reading.

 

            Clerk read Ordinance #7708 amending the Zoning District Map of the City of Bowling Green, Ohio for approximately 1.2 acres of the property generally known as 500 Lehman Avenue from M-1 Light Industrial to B-4 Office District zoning, for second reading.

 

            Clerk read Ordinance #7704  authorizing the Utilities Director to execute a power sales contract with American Municipal Power-Ohio, Inc., for 21 megawatts of base load capacity from the American Municipal Power Generating Station project, for third reading.

 

 

 

            Council Member Newlove moved, McOmber seconded, to adopt Ordinance #7704.  On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and Ordinance #7704 adopted.

 

            Clerk read Ordinance #7705 authorizing the Utilities Director to advertise for bids and enter into a contract or contracts for the supplying of annual inventory requirements, petroleum products, and sale of scrap materials during the calendar year 2008 for the Municipal Utilities Department, for third reading.

 

            Council Member Newlove moved, Sorrells seconded, to adopt Ordinance #7705.  On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Heminger, McOmber, and Newlove voted yes.  Council President Newlove declared motion carried, and Ordinance #7705 adopted.

 

            Clerk read Ordinance #7706 accepting a deed for Fourth Street right-of-way from the Bowling Green Senior Community, LLC, for third reading.

 

            Council Member Heminger moved, Zanfardino seconded, to adopt Ordinance #7706.  On roll call vote, Council Members Zanfardino, Dunn, Heminger, McOmber, Newlove, and Sorrells voted yes.  Council President Newlove declared motion carried, and Ordinance #7706 adopted.

 

Council Member Dunn moved, McOmber seconded, to excuse Council Member Frost from this evening’s meeting.  On unanimous voice vote, Council President Newlove declared motion carried.

 

            Council Member Heminger referred to correspondence distributed to Council in their legislative packets regarding off-street parking on North Prospect Street and actions taken by the Traffic Commission.  Heminger explained that there are five residents seeking a waiver from Council to allow off-street parking in front of their residences.  He noted that this parking has existed between 10 and 60 years without Council authorization and without objections from the neighbors.  Since Council has the authority to grant such a waiver, Heminger moved that a waiver be granted to allow the existing off-street parking at the following residences:

 

·         135 E. Merry Street

·         915 N. Prospect Street

·         919 N. Prospect Street

·         927 N. Prospect Street

·         935 N. Prospect

 

Heminger also moved that the current condition of that off-street parking be permitted so long as the current occupants of those residents remain and that once they sell their property, the condition of that off-street parking area must then be brought up to current City ordinance requirements.  Council Member Zanfardino seconded the motion.  After some discussion among Council Members, a motion to table the issue was made by Council Member Dunn and seconded by Council Member McOmber in order to allow Council time to discuss all the ramifications of the waiver.  On roll call vote, Council Members Dunn, McOmber, Newlove, and Sorrells voted yes.  Council Member Heminger and Zanfardino voted no. Council President Newlove declared motion carried, and the issue tabled.  Council Member Sorrells scheduled a meeting of the Transportation and Safety Committee for Monday, November 19, at 7:00 p.m. to discuss this issue in detail.

 

             Council Member McOmber moved, Dunn seconded, to adjourn.  On unanimous voice vote, Council President Newlove adjourned the October 1, 2007 regular meeting of the City Council at 8:47 p.m., subject to call.