April 21, 2008
MONDAY, APRIL 21, 2008
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, Frost, Heminger, McOmber, Newlove, Sorrells, and Zanfardino responded. 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 Member Sorrells commented that the minutes indicated that he voted on three legislative items but he was absent from the meeting. Sorrells requested that this be corrected. Council President Newlove declared the minutes of the meeting held April 7, 2008 approved as corrected.
CORRESPONDENCE
Clerk noted that a listing of budget transfers for the month of April was received from Finance Director Brian Bushong and distributed to Council prior to the meeting for approval. Council Member Heminger moved, Dunn 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 that copies of the Budget Summary Report for the month of March 2008 was distributed to Council prior to this evening’s meeting.
Clerk also noted that an application was received from the Ohio Division of Liquor Control for a transfer of a Class D5 liquor permit from Brathaus LLC, dba Brathaus, located at 115 E. Court Street, Bowling Green, to JDD Enterprises LLC, dba Brathaus at the same location. Clerk reported that a check of the records was received from the Police Division and distributed to Council for information purposes.
OFFICIAL REPORTS
Mayor John Quinn reported that he is in the process of reviewing appointments to Boards and Commissions and welcomes suggestions from Council Members to fill vacancies. Mayor Quinn also noted that legislation is being introduced tonight to abolish the Cable TV Commission because federal and state laws have left the city with no authority to regulate cable television.
Municipal Administrator John Fawcett noted that Council has legislation tonight approving the labor contract for the City’s firefighters. Fawcett reported that the contract was settled in 2½ days. Fawcett requested that Council give the legislation three readings and adopt the emergency clause this evening in order to have the contract in place prior to the April 30 expiration of the existing contract.
Planning Director Rick Ketzenbarger had no report.
Parks and Recreation Director Michelle Grigore reported that a second round of spraying for gypsy moths in City Park is planned this Spring. Grigore noted that the spraying will require the closure of City Park for one day. The exact date of the closure will be announced.
City Attorney Michael Marsh had no report.
Utilities Director Kevin Maynard explained the 3 million gallon per day expansion at the Water Treatment Plant noting that the upgrade will meet the 2012 EPA requirements for water quality standards.
Public Works Director Brian Craft reported that the remaining 2007 paving projects are underway and are projected to be finished by the end of May. Craft also reported that curbside brush pickup has moved into Ward 2 and will be in Ward 1 by the end of the week.
NEW LEGISLATION
The following new legislation was recommended by the Administration and presented to Council for introduction:
Council Member Zanfardino, for the Community Improvement Committee, introduced a resolution endorsing House Bill 502 and Senate Bill 305 of the 127th Ohio General Assembly.
Council Member Newlove, for the Finance Committee, introduced a resolution transferring previously appropriated funds.
Council Member Newlove, for the Finance Committee, introduced an 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, 2008 and ending December 31, 2008.
Council Member Newlove, for the Finance Committee, introduced an ordinance authorizing the Municipal Administrator to sign a contract with the International Association of firefighters, Local 2379, and declaring an emergency.
Council Member Newlove, for the Finance Committee, introduced an ordinance abolishing Section 33.36 of the Codified Ordinances of the City of Bowling Green, Ohio, relative to educational pay for paramedic certificate holders.
Council Member Newlove, for the Finance Committee, introduced an ordinance certifying unpaid cost of snow removal to the County Auditor for placement on the tax duplicate.
Council Member Newlove, for the Finance Committee, introduced an ordinance adopting Section 70.35 of the Codified Ordinances of the City of Bowling Green, Ohio, concerning eligibility for police tow list and establishing tow charge rates.
Council Member McOmber, for the Public Utilities Committee, introduced an ordinance abolishing Section 30.101 of the Codified Ordinances of the City of Bowling Green, Ohio, relative to the Cable Television Commission.
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 Ohio Water Development Agency for the design and construction of a 3MGD microfiltration/low pressure reverse osmosis addition to the Water Treatment Plant.
Council Member McOmber, for the Public Utilities Committee, introduced an ordinance accepting easement from Buckeye PH, Inc., for property located at 1099 South Main Street, Bowling Green, Ohio.
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 and/or participate in the State of Ohio purchasing programs for the purchase of GIS-compatible closed circuit sewer televising software.
COUNCIL COMMITTEE REPORTS
Council Member Sorrells announced that a meeting of the Transportation and Safety Committee will be held on Monday, June 2, 2008, at 7:00 p.m. to discuss proposed regulations of cell phone usage.
Council President Newlove reminded Council Members that the Committee-of-the-Whole will meet on Monday, May 5, 2008, at 7:00 p.m. in the Council Chamber to discuss private streets in the city.
LOBBY VISITATIONS
There were no lobby visitations.
Prior to the reading of legislation, Mayor Quinn presented and read a proclamation to the chair of the Human Relations Commission proclaiming the month of April “Fair Housing Month.”
READING OF LEGISLATION
Clerk read Resolution #3361 endorsing House Bill 502 and Senate Bill 305 of the 127th Ohio General Assembly, for first reading.
Clerk read Resolution #3362 transferring previously appropriated funds, for first reading.
Council Member Newlove moved, McOmber seconded, to suspend the rules and give Resolution #3362 its second and third reading. On roll call vote, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, Zanfardino, and Dunn voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Resolution #3362 for second and third reading by number and title only.
Council Member Newlove moved, Zanfardino seconded, to adopt Resolution #3362. On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes. Council President Newlove declared motion carried, and Resolution #3362 adopted.
Clerk read Ordinance #7771 providing supplemental appropriations for the current expenses and other expenditures of the City of Bowling Green, Ohio, during the fiscal year beginning January 1, 2008 and ending December 31, 2008, for first reading.
Council Member Newlove moved, Sorrells seconded, to suspend the rules and give Ordinance #7771 it second and third reading. On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, Frost, and Heminger voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Ordinance #7771 for second and third reading by number and title only.
Council Member Newlove moved, Heminger seconded, to adopt Ordinance #7771. On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes. Council President Newlove declared motion carried, and Ordinance #7771 adopted.
Clerk read Ordinance #7772 authorizing the Municipal Administrator to sign a contract with the International Association of firefighters, Local 2379, and declaring an emergency, for first reading.
Council Member Newlove moved, Zanfardino seconded, to suspend the rules and give Ordinance #7772 its second and third reading. On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Frost, Heminger, McOmber, and Newlove voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Ordinance #7772 for second and third reading by number and title only.
Council Member Newlove moved, Sorrells seconded, to adopt the emergency clause for Ordinance #7772. On roll call vote, Council Members Zanfardino, Dunn, Frost, Heminger, McOmber, Newlove, and Sorrells voted yes. Council President Newlove declared motion carried, and the emergency clause adopted.
Council Member Newlove moved, Frost seconded, to adopt Ordinance #7772. On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Newlove, Sorrells, and Zanfardino voted yes. Council President Newlove declared motion carried, and Ordinance #7772 adopted.
Clerk read Ordinance #7773 abolishing Section 33.36 of the Codified Ordinances of the City of Bowling Green, Ohio, relative to educational pay for paramedic certificate holders, for first reading.
Clerk read Ordinance #7774 certifying unpaid cost of snow removal to the County Auditor for placement on the tax duplicate, for first reading.
Clerk read Ordinance #7775 adopting Section 70.35 of the Codified Ordinances of the City of Bowling Green, Ohio, concerning eligibility for police tow list and establishing tow charge rates, for first reading.
Clerk read Ordinance #7776 abolishing Section 30.101 of the Codified Ordinances of the City of Bowling Green, Ohio, relative to the Cable Television Commission, for first reading.
Clerk read Ordinance #7777 authorizing the Utilities Director to apply for a loan and execute an agreement with the Ohio EPA Water Supply Revolving Loan Account and/or Ohio Water Development Agency for the design and construction of a 3MGD microfiltration/low pressure reverse osmosis addition to the Water Treatment Plant, for first reading.
Clerk read Ordinance #7778 accepting easement from Buckeye PH, Inc., for property located at 1099 South Main Street, Bowling Green, Ohio, for first reading.
Clerk read Ordinance #7779 authorizing the Utilities Director to advertise for bids and enter into a contract or contracts and/or participate in the State of Ohio purchasing programs for the purchase of GIS-compatible closed circuit sewer televising software, for first reading.
Clerk read Ordinance #7770 accepting an easement from the Wood County Hospital for right-of-way purposes, for second reading.
Clerk read Ordinance #7766 establishing interim zoning of I-1 Institutional zoning for the approximately 21.630 acres of land recently annexed to the City from Plain Township as petitioned for by Bowling Green Christian Academy, for third reading.
Council Member Frost moved, Sorrells seconded, to adopt Ordinance #7766. On roll call vote, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, Zanfardino, and Dunn voted yes. Council President Newlove declared motion carried, and Ordinance #7766 adopted.
Clerk read Ordinance #7767 amending the Zoning District Map of the City of Bowling Green, Ohio, for approximately 6.027 acres of land generally known as 1165 Haskins Road from S-3 Planned Institutional and R-2 Single Family Residential to I-1 Institutional zoning as petitioned for by the Bowling Green Covenant Church, for third reading.
Council Member Frost moved, Heminger seconded, to adopt Ordinance #7767. On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes. Council President Newlove declared motion carried, and Ordinance #7767 adopted.
Clerk read Ordinance #7768 amending and adopting Section 150.03 and Section 150.90(C) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to rear yards and establishing revised definitions for “swimming pool”, “detention pond” or “retention pond”, for third reading.
Council Member Frost moved, Zanfardino seconded, to adopt Ordinance #7768. On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, Frost, and Heminger voted yes. Council President Newlove declared motion carried, and Ordinance #7768 adopted.
Clerk read Ordinance #7769 amending and adopting Section 150.32(D)(3), Section 150.33(D)(3), and Section 150.33.5(C)(1) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to daycare centers in M Districts, for third reading.
Council Member Frost moved, McOmber seconded, to adopt Ordinance #7769. On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes. Council President Newlove declared motion carried, and Ordinance #7769 adopted.
Council Member Frost moved, Zanfardino seconded, to adjourn. On unanimous voice vote, Council President Newlove adjourned the April 21, 2008 regular meeting of the City Council at 8:37 p.m., subject to call.
