CITY OF BOWLING GREEN CITY COUNCIL

MONDAY, SEPTEMBER 15, 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 8:30 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, and Utilities Director Kevin Maynard.  Public Works Director Brian Craft and Planning Director Rick Ketzenbarger were not present.

Council President Newlove declared the minutes of the meeting held September 2, 2008 approved as distributed.

CORRESPONDENCE

            Clerk Kay Scherreik reported that an application was received from the Ohio Division of Liquor Control for a new Class D1 liquor permit for Chung Uraku LLC, located at 1616 East Wooster Street Unit 6, Bowling Green, Ohio.  Clerk noted that a check of the records was requested from the Police Division, but not yet received.

                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 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, 2008 was distributed to Council prior to this evening’s meeting.

OFFICIAL REPORTS

            Mayor John Quinn introduced Larry Mershman, Board Director of the Wood County Alcohol, Drug Addiction , Mental Health Services Board.  Mr. Mershman addressed Council and members of the audience regarding the 1 mil replacement levy on the ballot in November. 

            Mayor Quinn requested confirmation of the appointment of Jason Baxter to the Bicycle Safety Commission for a term expiring May 31, 2010 and of Linda Gray to the Traffic Commission for a term expiring May 31, 2011.  Council Member Dunn moved, Zanfardino seconded, to approve the appointments as presented by the Mayor.  On unanimous voice vote, Council President Newlove declared motion carried.

            Mayor Quinn reported that the executive staff recently held a retreat and among the topics discussed was the future of the City Administrative Services Building.  Quinn noted that he has reconvened a committee that was tasked with the job of looking at options.  The first meeting will be held on September 30 at 8:00 a.m.

            Municipal Administrator John Fawcett noted that the Public Works Director was not present tonight, but asked him to announce that the annual fall brush pick up will be done the week of October 6 and leaf pick up will begin the week of October 20.

            Planning Director Rick Ketzenbarger was not present.

            Parks and Recreation Director Michelle Grigore announced that a public meeting will be held on September 17 at 7:00 p.m. at the Community Center to hear a report regarding the aquatic facility feasibility study.

            City Attorney Michael Marsh had no report.

              Utilities Director Kevin Maynard had no report.

            Public Works Director Brian Craft was not present.

NEW LEGISLATION

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

            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 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 Newlove, for the Committee-of-the-Whole, introduced an ordinance enacting a Code of Ordinances for the City of Bowling Green, Ohio, revising, amending, restating, codifying and compiling certain existing general ordinances of the political subdivision dealing with subjects embraced in such Code of Ordinances, and declaring an emergency.

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance authorizing the Utilities Director to execute an environmental covenant and implement the mitigation plan required by the Ohio EPA 401 permit for the raw water intake and pumping station project.

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance authorizing the purchase of the real estate generally known as 17522 West River Road in Middleton Township, an declaring an emergency.

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced a resolution approving revisions to the Transportation Section of the Comprehensive Master Plan of the City of Bowling Green, Ohio.

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance amending and adopting a portion of Section 150.03 of the Codified Ordinances of the City of Bowling Green, Ohio, concerning the definition of the term “bedroom”.

COUNCIL COMMITTEE REPORTS

            Council President Newlove reported that the Committee-of-the-Whole met earlier this evening regarding cell phone usage while driving.  Newlove further reported that it was the general consensus of the committee to prepare legislation to place the issue on the ballot.

LOBBY VISITATIONS

            There were no lobby visitations.

READING OF LEGISLATION

            Clerk read Resolution #3371 approving revisions to the Transportation Section of the Comprehensive Master Plan of the City of Bowling Green, Ohio, for first reading.

            Clerk read Resolution #3372 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 Newlove moved, Frost seconded, to suspend the rules and give Resolution #3372 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 #3372 for second and third reading by number and title only.

            Council Member Newlove moved, Heminger seconded, to adopt Resolution #3372.  On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes.  Council President Newlove declared motion carried, and Resolution #3372 adopted.

            Clerk read Ordinance #7825 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, Zanfardino seconded, to suspend the rules and give Ordinance #7825 its 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 #7825 for second and third reading by number and title only.

            Council Member Newlove moved, Sorrells seconded, to adopt Ordinance #7825.  On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and Ordinance #7825 voted yes.

            Clerk read Ordinance #7826 enacting a Code of Ordinances for the City of Bowling Green, Ohio, revising, amending, restating, codifying and compiling certain existing general ordinances of the political subdivision dealing with subjects embraced in such Code of Ordinances, and declaring an emergency, for first reading.

            Council Member Newlove moved, Dunn seconded, to suspend the rules and give Ordinance #7826 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 #7826 for second and third reading by number and title only.

            Council Member Newlove moved, Heminger seconded, to adopt the emergency clause for Ordinance #7826.  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 #7826.  On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Newlove, Sorrells, and Zanfardino voted yes.  Council President Newlove declared motion carried, and Ordinance #7826 adopted.

            Clerk read Ordinance #7827 authorizing the Utilities Director to execute an environmental covenant and implement the mitigation plan required by the Ohio EPA 401 permit for the raw water intake and pumping station project, for first reading.

            Clerk read Ordinance #7828 authorizing the purchase of the real estate generally known as 17522 West River Road in Middleton Township, an declaring an emergency, for first reading.

            Council Member McOmber moved, Zanfardino seconded, to suspend the rules and give Ordinance #7828 for 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 Ordinance #7828 for second and third reading by number and title only.

            Council Member McOmber moved, Sorrells seconded, to adopt the emergency clause for Ordinance #7828.  On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes.  Council President Newlove declared motion carried, and the emergency clause adopted.

            Council Member McOmber moved, Zanfardino seconded, to adopt Ordinance #7828.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, Frost, and Heminger voted yes.  Council President Newlove declared motion carried, and Ordinance #7828 adopted.

            Clerk read Ordinance #7829 amending and adopting a portion of Section 150.03 of the Codified Ordinances of the City of Bowling Green, Ohio, concerning the definition of the term “bedroom”, for first reading.

            Council Member Frost announced that a public hearing will be held for Ordinance #7829 on October 20, 2008 at 7:45 p.m. in the Council Chamber.

            Clerk read Resolution #3370  to accompany application for Preserve America community designation, for second reading.

            Clerk read Ordinance #7819 amending and adopting Section 94.20, Section 94.27 and Section 94.28 of the Codified Ordinances of the City of Bowling Green, Ohio, concerning litter, for second reading.

            Clerk read Ordinance #7820 repealing Section 98.02 an amending and adopting Section 98.03 of the Codified Ordinances of the City of Bowling Green, Ohio, regarding snow and ice covered sidewalks declared a nuisance, for second reading.

            Clerk read Ordinance #7823 authorizing the Utilities Director to advertise for bids and enter into a contract or contracts for Wastewater Treatment Plant concrete replacement improvements, for second reading.

            Clerk read Ordinance #7824 establishing interim zoning of B-2 General Commercial zoning for the approximately 1.78 acres of land on East Wooster Street recently annexed to the City of Bowling Green, Ohio, from Center Township as petitioned for by Robert W. Maurer, for second reading.

            Clerk read Ordinance #7816 certifying unpaid cost of snow removal to the County Auditor for placement on the tax duplicate, for third reading.

            Council Member Newlove moved, Sorrells seconded, to adopt Ordinance #7816.  On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and Ordinance #7816 adopted.

            Clerk read Ordinance #7818 accepting annexation of approximately 1.78 acres of land in Center Township, Wood County, Ohio, from Robert W. Maurer, petitioner, for third reading.

            Council Member Frost moved, Heminger seconded, to adopt Ordinance #7818.  On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Frost, Heminger, McOmber, and Newlove voted yes.  Council President Newlove declared motion carried, and Ordinance #7818 adopted.

Council Member Heminger moved, Dunn seconded, to adjourn.  On unanimous voice vote, Council President Newlove adjourned the September 15, 2008 regular meeting of the City Council at 9:05 p.m., subject to call.