CITY OF BOWLING GREEN CITY COUNCIL

MONDAY, MAY 19, 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, City Attorney Michael Marsh, Parks and Recreation Director Michelle Grigore, Public Works Director Brian Craft, Utilities Director Kevin Maynard, and Planning Director Rick Ketzenbarger. Municipal Administrator John Fawcett and Clerk of Council Kay Scherreik were not present.

Council President Newlove declared the minutes of the meeting held May 5, 2008 approved as distributed.

CORRESPONDENCE

Acting Clerk Michelle Fitzgerald noted that a listing of budget transfers for the month of May 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.

Acting Clerk also noted that copies of the Budget Summary Report for the month of April 2008 were distributed to Council prior to the meeting.

OFFICIAL REPORTS

Mayor John Quinn reported that Bike to Work and School day is Tuesday, May 20, 2008 and noted that Buckeye Boys State begins June 14, 2008 and continues through June 22, 2008. The city will be hosting the boys on Tuesday, June 17.

A meeting scheduled May 19, 2008 with State Attorney General Marc Dann, regarding the location of Bureau of Criminal Identification & Investigations (BCI&I) was cancelled due to Mr. Dann’s resignation. Mr. Dann promised to meet with area officials about the future location of BCI&I. The Mayor said that he hopes the new Attorney General will meet with local officials before making any decisions about the location of BCI&I.

Mayor Quinn requested confirmation of the following reappointments and appointments to City Boards and Commissions:

Board/Commission	Name of Appointee	Term Length	Term Expiration

Parks and Recreation	Hobart Johnson	4 Years	5/31/12

Bicycle Safety Commission	Jeremy Dixon	3 Years	5/31/11
	Michelle Grigore	2 Years	5/31/10

Human Relations Commission	Gloria Enriquez-Pizana	3 Years	5/31/11

Sidewalk Commission	Greg Dickerson	1 Year	5/31/09

Bowling Green Housing Agency, Board of Trustees	Connie DeBarr	4 Years	5/31/12
	Denise Niese	4 Years	5/31/12

Reinvestment Housing Council	Christine Drennen	1 Year	5/31/09




City Audit Committee	Bill Culbertson	4 Years	5/31/12
	Megan Newlove	1 Year	5/31/09

Revolving Loan Fund	Sue Clark	3 Years	5/31/11
	Wendy Headley	3 Years	5/31/11
	John Eckel	3 Years	5/31/11
	Jeff Crawford	3 Years	5/31/11

Council Member Dunn moved, Sorrells seconded, to approve the appointments as presented by the Mayor. On unanimous voice vote, Council President Newlove declared motion carried.

Mayor Quinn announced that Katie Baker, a fifth grade student at Kenwood Elementary, will be acting as Mayor from 10:00 a.m. to 1:00 p.m. on Tuesday, May 20, 2008. Baker won the “Mayor for a Day” contest sponsored by the Terquasquicentennial Committee.

Fire Chief Stephen Meredith introduced Nathan Espinoza, City of Bowling Green Firefighter/Paramedic, who recently graduated at the top of his class from the Fire Academy.

Mayor Quinn invited Council to ask staff questions regarding the Public Hearing on private streets.

Council Member Robert McOmber asked if all new city streets have to meet all standards without exception to be considered public streets. Planning Director Rick Ketzenbarger confirmed they would have to meet all standards. Council Member McOmber pointed out exceptions to some city streets that are considered public. Mr. Ketzenbarger stated that, at the time the streets were built, they met the standard of a public street.

Municipal Administrator John Fawcett John Fawcett was not present. Assistant Municipal Administrator Lori Tretter announced the launch of a new service, BG Free Net which establishes wireless internet service at City Park, Carter Park, Dunbridge Road soccer fields, Simpson Building, Wintergarden/St. John’s Nature Preserve, Bowling Green Training and Community Center, Council Chambers and the Municipal Court lobby.

Council Member Mike Frost asked for a status on updating the City of Bowling Green website. Assistant Municipal Administrator Tretter responded that that a full redesign of the website is underway.

Planning Director Rick Ketzenbarger had no report.

Parks and Recreation Director Michelle Grigore reported that City Park will be closed Thursday, May 22, 2008 for gypsy moth spraying. Grigore also noted that the Bowling Green Family Aquatics Complex will be open the next two weekends and will open full time after June 7, 2008 and popular Lunch in the Park program will begin June 6 and continue through August 8.

City Attorney Michael Marsh had no report.

Utilities Director Kevin Maynard had no report.

Public Works Director Brian Craft reported that there is a pre-construction meeting this week regarding of the North Main Street sidewalk replacement. The project is anticipated to take two weeks to complete.

Council Member Heminger asked for a status on the Mercer Street sidewalk repair. Public Works Director Craft responded the bid opening will occur on May 27, 2008 and the project is expected to be completed by mid August, 2008.

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 a resolution transferring previously appropriated funds.

COUNCIL COMMITTEE REPORTS

There were no Council committee reports.

LOBBY VISITATIONS

Jennifer Joseph, 1329 S. Savoie Avenue, addressed council concerning a letter she received from Code Enforcement Officer Jason Westgate regarding Ordinance #7736 which bans the parking of recreational vehicles parked in residential driveways. She feels that the ordinance is unmerited as long as parking the vehicles does not compromise the public’s safety, health or welfare and the parking of the vehicle does not create a situation where it impedes vehicular or pedestrian traffic. She stated that no thought was given to how many residents would be affected by this ordinance. She stated that she feels her neighborhood is being singled out and the complaints are coming from the City and not from neighbors. She raised concerns that Code Enforcement Officers are photographing properties looking for violations. Planning Director Rick Ketzenbarger responded that the Code Enforcement Officers have been instructed to respond to complaints rather than seek out violators.

Gary Pierce, 822 N. Christopher Drive addressed Council regarding a nuisance property in his neighborhood that in his opinion has now become a potential health hazard. He asked Council what could be done to prevent this from continuing. He has been in contact with Planning Director Rick Ketzenbarger who referred the issues to the Health Department and has also asked Code Enforcement Officers to check the property for violations. Mr. Pierce was advised to continue to contact the City when laws have been violated.

Robert Hudson, 229 Willowood Circle addressed Council regarding the Committee-of-the-Whole meeting on private streets. He asked Planning Director Rick Ketzenbarger several questions regarding zoning standards of public streets.

READING OF LEGISLATION

Acting Clerk read Resolution #3364 transferring previously appropriated funds for first reading.

Council President Newlove moved, Zanfardino 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.

Acting Clerk read Resolution #3364 for second and third reading by number and title only.

Council President Newlove moved, Heminger seconded, to adopt Resolution #3364. On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes. Council President Newlove declared motion carried, and Resolution #3364 adopted.

Acting Clerk read Ordinance #7781 by number and title only for second reading.

Acting Clerk read Ordinance #7782 by number and title only for second reading.

Acting Clerk read Resolution #3361 endorsing House Bill 502 and Senate Bill 305 of the 127^th Ohio General Assembly, for third reading.

Council Member Zanfardino moved, Sorrells seconded, to adopt Resolution #3361. On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, Frost, and Heminger voted yes. Council President Newlove declared motion carried, and Resolution #3361 adopted.

Acting 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 third reading.

Council President Newlove moved, Council Member McOmber seconded, to adopt Ordinance #7773. On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes. Council President Newlove declared motion carried, and Ordinance #7773 adopted.

Acting Clerk read Ordinance #7774 certifying unpaid cost of snow removal to the County Auditor for placement on the tax duplicate, for third reading.

Council President Newlove moved, Council Member Sorrells seconded, to adopt Ordinance #7774. On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Frost, Heminger, McOmber, and Newlove voted yes. Council President Newlove declared motion carried, and Ordinance #7774 adopted.

Acting 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 third reading.

Council President Newlove moved, Council Member Sorrells seconded, to adopt Ordinance #7775. On roll call vote, Council Members Zanfardino, Dunn, Frost, Heminger, McOmber, Newlove and Sorrells voted yes. Council President Newlove declared motion carried, and Ordinance #7775 adopted.

Acting 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 third reading.

Council Member McOmber moved, Frost seconded, to adopt Ordinance #7776. On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Newlove, Sorrells, and Zanfardino voted yes. Council President Newlove declared motion carried, and Ordinance #7776 adopted.

Acting 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 third reading.

Council Member McOmber moved, Zanfardino seconded, to adopt Ordinance #7777. On roll call vote, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, Zanfardino, and Dunn, voted yes. Council President Newlove declared motion carried, and Ordinance #7777 adopted.

Acting Clerk read Ordinance #7778 accepting easement from Buckeye PH, Inc., for property located at 1099 South Main Street, Bowling Green, Ohio, for third reading.

Council Member McOmber moved, Heminger seconded, to adopt Ordinance #7778. On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost, voted yes. Council President Newlove declared motion carried, and Ordinance #7778 adopted.

Acting 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 third reading.

Council Member McOmber moved, Dunn seconded, to adopt Ordinance #7779. On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, Frost, and Heminger, voted yes. Council President Newlove declared motion carried, and Ordinance #7779 adopted.

Acting Clerk read Ordinance #7783 authorizing the Utilities Director to execute an agreement with Reiss Environmental, Inc., for engineering and construction oversight services for a 3MGD microfiltration/low pressure reverse osmosis addition to the Water Treatment Plant, for third reading.

Council Member McOmber moved, Heminger seconded, to adopt Ordinance #7783. On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber, voted yes. Council President Newlove declared motion carried, and Ordinance #7783 adopted.

Acting Clerk read Ordinance #7784 authorizing the Utilities Director to advertise for bids and enter into a contract or contracts for 3MGD microfiltration/low pressure reverse osmosis equipment for improvements at the Water Treatment Plant, for third reading.

Council Member McOmber moved, Frost seconded, to adopt Ordinance #7784. On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Frost, Heminger, McOmber, and Newlove voted yes. Council President Newlove declared motion carried, and Ordinance #7784 adopted.

Council Member Frost commented that he has received seven messages from citizens regarding letters indicating that a valid complaint had been filed regarding their recreational vehicles along with concerns that photographs of the recreational vehicles were being taken. Frost explained that it was his understanding that complaints would come from individuals and not from the City. He also stated that people who store their recreational vehicles in the winter need to be able to bring them to their homes for cleaning and preparation for use. He would like Council to give the matter further consideration. Council Member Dunn and Council Member McOmber indicated that they have also received calls and that their understanding was that the ordinance was passed to make the law enforceable and if the ordinance doesn’t make sense, it should be revisited. Mr. Ketzenbarger stated that the Code Enforcement Officers have been directed to respond to complaints and not to seek out violations. Council President Newlove said that Council would gather more information now that this matter has been brought to their attention.

Council President Newlove moved, Council Member Frost seconded, to adjourn. On unanimous voice vote, Council President Newlove adjourned the May 19, 2008 regular meeting of the City Council at 9:05 p.m., subject to call.