CITY OF BOWLING GREEN CITY COUNCIL

MONDAY, NOVEMBER 3, 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 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.  Mayor John Quinn was not present.

Council President Newlove declared the minutes of the meeting held October 20, 2008 approved as distributed.

CORRESPONDENCE

            Clerk noted for the record that copies of the Budget Summary Report for the month of September, 2008 was distributed to Council in their Council packets.

OFFICIAL REPORTS

            Mayor John Quinn was not present.

            Municipal Administrator John Fawcett reported that the Site Evaluation Subcommittee will be meeting at 8:00 a.m. on November 5 to discuss the two possible sites for a city hall building.  The Ad Hoc Site Review Committee-of-the-Whole plans to meet on January 6, 2009 at 8:00 a.m. Both meetings will be held in the Council Chamber.

            Fawcett also announced a joint meeting of the Board of Public Utilities and City Council will be held on Monday, November 10, at 6:30 p.m. to discuss the 2009 Utilities budget and the Water/Sewer Capital Improvements fund.

            Fawcett reported that the overtime costs to the City for the visits by political candidates, Governor Palin and Senator Biden, totaled $7,986.00 for police and fire personnel.

            Planning Director Rick Ketzenbarger had no report.

            Parks and Recreation Director Michelle Grigore distributed the Parks and Recreation Department October 2008 update report and discussed upcoming events.

            City Attorney Michael Marsh had no report.

            Utilities Director Kevin Maynard had no report.

            Public Works Director Brian Craft had no report.

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 Member Newlove, for the Finance Committee, introduced an ordinance amending and adopting Section 33.04 of the Codified Ordinances of the City of Bowling Green, Ohio, relative to pay scales.

LOBBY VISITATIONS

            William Feeman, 1521 S. Orleans, addressed Council regarding his support for putting the cell phone ban issue on the ballot for the voters to decide.  Feeman cited a few incidents that he had experienced to back up his position.

            Norm Heineman, 18741 N. Mercer Road, addressed Council indicating his desire to see Council deal with the cell phone ban issue within the confines of City Council rather than putting it on the ballot.

READING OF LEGISLATION

            Clerk read Resolution #3376 transferring previously appropriated funds, for first reading.

            Council Member Newlove moved, Zanfardino seconded, to suspend the rules and give Resolution #3376 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 #3376 for second and third reading by number and title only.

            Council Member Newlove moved, Dunn seconded, to adopt Resolution #3376.  On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes.  Council President Newlove declared motion carried, and Resolution #3376 adopted.

            Clerk read Ordinance #7840 amending and adopting Section 33.04 of the Codified Ordinances of the City of Bowling Green, Ohio, relative to pay scales, for first reading.

            Clerk read Resolution #3374 authorizing the Finance Director to establish a special revenue fund entitled “Indigent Drivers Interlock and Alcohol Monitoring Fund” for the City of Bowling Green, Wood County, Ohio, for second reading.

            Clerk read Resolution #3375 authorizing the City Attorney to petition the Board of County Commissioners of Wood County, Ohio, to change township lines, for second reading.

            Clerk read Ordinance #7837 authorizing the Municipal Administrator to enter into a contract with the Bowling Green Convention & Visitors Bureau for the promotion and publicizing of the City of Bowling Green, Ohio, to bring the patronage and business of cultural, educational, religious, professional and sports organizations into the City for the benefit of the citizens of the City and the business community thereof, for a period of one (1) year, and authorizing the payment of 55% of the revenue generated by the hotel-motel tax for said purpose, for second reading.

            Clerk  read Ordinance #7839 amending and adopting changes to certain sections of   Chapter 93 of the Codified Ordinances of the City of Bowling Green, Ohio, regarding fire protection and prevention, for second reading.

            Clerk read Ordinance #7830 directing the Wood County Board of Elections to submit a ballot question to the electors of the City of Bowling Green, Ohio, proposing to create and adopt Section 73.13 of the Codified Ordinances of the City of Bowling Green, Ohio, relating to use of mobile telephones while driving, for third reading.

            Council Member Dunn commented that he did not agree with placing this issue on the ballot for a number of reasons and believes it is not a good precedent for Council to be doing for ordinances in general.  Dunn indicated that he feels that tax issues and charter revisions are the types of issues that need to go before the voters.  This law represents new ground within the State of Ohio and if the City doesn’t get it right then it would take another vote of the citizens to rectify it.  If Council adopted an ordinance banning cell phone use then Council can make the necessary amendments as needed.  Dunn indicated that he would be in favor of a law that Council adopts as he does think there is an issue with cell phone usage while driving and its distraction to the driver.   Dunn also indicated that he does not think it should be a primary offense.  Dunn said that he did not think that this approach was the right way to go on this issue.

            Council Member McOmber disagreed with Dunn and indicated that he felt that some of the points brought forward were irrelevant because what they are deciding is whether or not the issue goes on the ballot and then let the people decide whether it is a good law or not.  McOmber indicated that he bases his support of this issue on the effort he made to know on approximately 300 doors to ask people their opinion of the ban and found that at least 80% were in favor of it.  McOmber said he views placing the issue on the ballot as a compromise and letting the people voice their opinion.

            Council Member Sorrells indicated that he has been the biggest “fence-sitter” on this issue.  He indicated that it shouldn’t matter whether he is for or against the ban, but it should go before the people to decide.  Sorrells indicated he is more concerned about placing the issue on the ballot and whether or not it sets an unfavorable precedent for the criteria for future ballot issues.  Sorrells noted that he is more in favor of the secondary offense than the primary offense.

            Council Member Frost stated that he is not in favor of the cell phone ban in any shape or form at the local level because he believes it is coming at the state level which is where he thinks it belongs.  Frost also indicated that in an already tight budget for 2009, there are some significant costs that the city will incur in placing this issue on the ballot in May.

            Council Member Zanfardino commented that he spoke to a few people regarding the ban and found a real mix in opinions which is why he would like to see the issue on the ballot in order for the citizens to decide.

            Council Member Newlove noted that she still has trouble with enacting the ban only in Bowling Green when it is not a state-wide ban and the signal it may send to the business community.  She also indicated that it is unclear what the community as a whole wants which is why she supports putting it on the ballot.

            Council Member Heminger indicated that he was also comfortable putting the issue before the voters and letting them decide.

            On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, and Heminger voted yes.  Council Member Frost and Dunn voted no.  Council President Newlove declared motion carried, and Ordinance #7830 adopted.

            Clerk read Ordinance #7831 repealing Section 33.21 of the Codified Ordinances of the City of Bowling Green, Ohio, relating personal business leave, for third reading.

            Council Member Newlove moved, Zanfardino seconded, to adopt Ordinance #7831.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, Frost, and Heminger voted yes.  Council President Newlove declared motion carried, and Ordinance #7831 adopted.

            Clerk read Ordinance #7832 amending and adopting Section 33.27 of the Codified Ordinances of the City of Bowling Green, Ohio, relating to vacations, for third reading.

            Council Member Newlove moved, Heminger seconded, to adopt Ordinance #7832.  On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and Ordinance #7832 adopted.

            Clerk read Ordinance #7833 amending Ordinance #7726 and authorizing the Utilities Director to include South College Drive sewer relining with the Napoleon Road sewer project, for third reading.

            Council Member McOmber moved, Frost seconded, to adopt Ordinance #7833.   On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Frost, Heminger, McOmber, and Newlove voted yes.  Council President Newlove declared motion carried, and Ordinance #7833 adopted.

            Clerk read Ordinance #7834 amending and adopting Chapter 116 of the Codified Ordinances of the City of Bowling Green, Ohio, relating to plumbers and plumbing licenses and bonding requirements, for third reading.

            Council Member McOmber moved, Sorrells seconded, to adopt Ordinance #7834.  On roll call vote, Council Members Zanfardino, Dunn, Frost, Heminger, McOmber, Newlove, and Sorrells voted yes.  Council President Newlove declared motion carried, and Ordinance #7834 adopted.

Council Member Zanfardino moved, Sorrells seconded, to adjourn.  On unanimous voice vote, Council President Newlove adjourned the November 3, 2008 regular meeting of the City Council at 8:45 p.m., subject to call.