September 18 2006
MONDAY, SEPTEMBER 18, 2006
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 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 Bill Blair, Utilities Director Kevin Maynard, and Planning Director Rick Ketzenbarger.
Council President Newlove declared the minutes of the meeting held September 5, 2006 approved as distributed.
CORRESPONDENCE
Clerk read into the record a letter from Council Member Tomashefski resigning her position on City Council effective September 15, 2006. The letter indicated that Ms. Tomashefski had a conflict with her law classes that would prohibit her from continuing to serve on City Council.
Clerk noted that a listing of budget transfers for the month of September was received from Finance Director Rebecca Underwood and distributed to Council prior to the meeting for approval. Council Member Heminger moved, Sorrells 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 August, 2006 was distributed to Council prior to this evening’s meeting.
OFFICIAL REPORTS
Mayor John Quinn reminded Council Members of the Celebration of Collaboration will be held on Tuesday, September 19, at the Simpson Building beginning at 4:30 p.m. and invited Council Members to attend.
Mayor Quinn requested confirmation of the appointment of Genevieve Simon as the BGHS student representative to the Bicycle Safety Commission for a one year term. Council Member Sorrells moved, McOmber seconded, to approve the appointment as presented by the Mayor. On unanimous voice vote, Council President Newlove declared motion carried.
Municipal Administrator John Fawcett had no report.
Planning Director Rick Ketzenbarger had no report.
Parks and Recreation Director Michelle Grigore announced that the City received a $10,149 grant from the Wood County Park District which will be used to install safety netting at Carter Park.
City Attorney Michael Marsh had no report.
Utilities Director Kevin Maynard had no report.
Public Works Director Bill Blair announced that the Fall curbside brush pickup will be done beginning the week of October 9 and will start out in the 4th ward.
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 authorizing the execution of a contract with the Ohio Department of Transportation for the FY 2007 Ohio Elderly and Disabled Transit Fare Assistance Program.
Council Member Zanfardino, for the Community Improvement Committee, introduced an ordinance amending and adopting Section 38.02(B) of the Codified Ordinances of the City of Bowling Green, Ohio, regarding civil infractions, and declaring an emergency.
Council Member Sorrells, for the Finance Committee, introduced a resolution accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the County Auditor.
Council Member Sorrells, 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, 2006 and ending December 31, 2006.
Council Member Sorrells, for the Finance Committee, introduced an ordinance authorizing the Mayor of the City of Bowling Green, Ohio, to enter into a Housing Revolving Loan Fund Administration Agreement.
Council Member Sorrells, for the Finance Committee, introduced an ordinance amending and adopting Section 33.37(H) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to compensatory time for hourly employees.
COUNCIL COMMITTEE REPORTS
There were no Council Committee reports.
LOBBY VISITATIONS
William Feeman, 1301 S. Orleans, read a prepared statement to Council again asking Council to seek the opinion of an independent counsel on the library parking lot issue. Mr. Feeman claimed that in his opinion the legal cases City Attorney Michael Marsh used to establish precedent were applied incorrectly.
Jack Hartman, 1400 Wren Road, also asked Council to seek the opinion of an independent counsel on the library parking lot issue and asked Council if they considered giving the 9 city-reserved parking spaces in the current library parking lot back to the library for their use. Council Member Sorrells replied that he thought that would be a mistake and did not see that as a permanent solution for the library’s needs.
Feeman readdressed Council offering his solutions to the library’s parking problem indicating that the library could move back to its former temporary location at the Churchill’s property at the south end of town; or they could offer a shuttle service to the downtown location; or they could hold their classes in an off-site location.
Both Council Members Sorrells and McOmber indicated that they did not see those suggestions as viable and expressed that they are glad that the library is located downtown.
Council President Newlove indicated that the consensus of the Council was not to pursue an independent counsel on this issue.,
READING OF LEGISLATION
Clerk read Resolution #3313 authorizing the execution of a contract with the Ohio Department of Transportation for the FY 2007 Ohio Elderly and Disabled Transit Fare Assistance Program, for first reading.
Clerk read Resolution #3314 accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the County Auditor, for first reading.
Council Member Sorrells moved, McOmber seconded, to suspend the rules and give Resolution #3314 its second and third reading. On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, and Frost voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Resolution #3314 for second and third reading by number and title only.
Council Member Sorrells moved, Heminger seconded, to adopt Resolution #3314. On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Frost, and Heminger voted yes. Council President Newlove declared motion carried, and Resolution #3314 adopted.
Clerk read Ordinance #7604 amending and adopting Section 38.02(B) of the Codified Ordinances of the City of Bowling Green, Ohio, regarding civil infractions, and declaring an emergency, for first reading.
Council Member Zanfardino moved, McOmber seconded, to suspend the rules and give Ordinance #7604 its second and third reading. On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Frost, Heminger, and McOmber voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Ordinance #7604 for second and third reading by number and title only.
Council Member Zanfardino moved, Heminger seconded, to adopt the emergency clause for Ordinance #7604. On roll call vote, Council Members Sorrells, Zanfardino, Frost, Heminger, McOmber, and Newlove voted yes. Council President Newlove declared motion carried, and the emergency clause adopted.
Council Member Zanfardino moved, Heminger seconded, to adopt Ordinance #7604. On roll call vote, Council Members Zanfardino, Frost, Heminger, McOmber, Newlove, and Sorrells voted yes. Council President Newlove declared motion carried, and Ordinance #7604 adopted.
Clerk read Ordinance #7605 providing supplemental appropriations for the current expenses and other expenditures of the City of Bowling Green, Ohio, during the fiscal year beginning January 1, 2006 and ending December 31, 2006, for first reading.
Council Member Sorrells moved, McOmber seconded, to suspend the rules and give Ordinance #7605 its second and third reading. On roll call vote, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, and Zanfardino voted yes. Council President Newlove declared motion carried, and rules suspended.
Council Members moved, McOmber seconded, to adopt Ordinance #7605. On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, and Frost voted yes. Council President Newlove declared motion carried, and Ordinance #7605 adopted.
Clerk read Ordinance #7606 authorizing the Mayor of the City of Bowling Green, Ohio, to enter into a Housing Revolving Loan Fund Administration Agreement, for first reading.
Clerk read Ordinance #7607 amending and adopting Section 33.37(H) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to compensatory time for hourly employees, for first reading.
Clerk read Resolution #3312 declaring support for the WSOS Indian Ridge Homeownership Project, for second reading.
Council Member Zanfardino moved, McOmber seconded, to suspend the rules and give Resolution #3312 its third reading. On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Frost, and Heminger voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Resolution #3312 for third reading by number and title only.
Council Member Zanfardino moved, Heminger seconded, to adopt Resolution #3312. On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Frost, Heminger, and McOmber voted yes. Council President Newlove declared motion carried, and Resolution #3312 adopted.
Clerk read Ordinance #7600 amending and adopting Section 94.28(A) & (B) of the Codified Ordinances of the City of Bowling Green, Ohio, regarding noxious weeds; notice to remove; failure to comply, and declaring an emergency, for second reading.
Council Member Zanfardino moved, McOmber seconded, to amend Ordinance #7600 by substitution to allow for the notice to be delivered by regular U.S. Mail. On roll call vote, Council Members Sorrells, Zanfardino, Frost, Heminger, McOmber, and Newlove voted yes. Council President Newlove declared motion carried, and Ordinance #7600 amended.
Council Member Zanfardino moved, McOmber seconded, to suspend the rules and give Ordinance #7600 its third reading. On roll call vote, Council Members Zanfardino, Frost, Heminger, McOmber, Newlove, and Sorrells voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Ordinance #7600 for third reading by number and title only.
Council Member Zanfardino moved, Heminger seconded, to adopt the emergency clause for Ordinance #7600. On roll call vote, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, and Zanfardino voted yes. Council President Newlove declared motion carried, and the emergency clause adopted.
Council Member Zanfardino moved, Heminger seconded, to adopt Ordinance #7600 as amended. On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, and Frost voted yes. Council President Newlove declared motion carried, and Ordinance #7600 adopted as amended.
Clerk read Ordinance #7603 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 the sale of scrap materials for calendar year 2007 for the Municipal Utilities Department, for second reading.
Clerk read Ordinance #7598 to provide for the issuance of bonds for the purpose of acquiring real property for parks and recreation purposes, for third reading.
Council Member Sorrells moved, Zanfardino seconded, to adopt Ordinance #7598. On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Frost, and Heminger voted yes. Council President Newlove declared motion carried, and Ordinance #7598 adopted.
Council Member Frost moved, Heminger seconded, to adopt Ordinance #7594 establishing interim zoning of I-1 Institutional zoning for the approximately 42.016 acres of land on Gorrill Road recently annexed to the City of Bowling Green, Ohio, by the Bowling Green Church of the Nazarene. On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Frost, Heminger, and McOmber voted yes. Council President Newlove declared motion carried, and Ordinance #7594 adopted.
Council Member Frost moved, McOmber seconded, to amend Ordinance #7595 amending and adopting Section 150.21 of the Codified Ordinances of the City of Bowling Green, Ohio, concerning the maximum height limit in M-1 Districts by adding an emergency clause in order to allow for continued economic development in M-1 districts. On roll call vote, Council Members Sorrells, Zanfardino, Frost, Heminger, McOmber, and Newlove voted yes. Council President Newlove declared motion carried, and Ordinance #7595 amended.
Council Member Frost moved, McOmber seconded, to adopt the emergency clause for Ordinance #7595. On roll call vote, Council Members Zanfardino, Frost, Heminger, McOmber, Newlove, and Sorrells voted yes. Council President Newlove declared motion carried, and the emergency clause adopted.
Council Member Frost moved, Zanfardino seconded, to adopt Ordinance #7595 as amended. On roll call vote, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, and Zanfardino voted yes. Council President Newlove declared motion carried, and Ordinance #7595 adopted as amended.
Council Member Frost moved, Sorrells seconded, to adjourn. On unanimous voice vote, Council President Newlove adjourned the September 18, 2006 regular meeting of the City Council at 8:43 p.m., subject to call.
