CITY OF BOWLING GREEN CITY COUNCIL

MONDAY, FEBRUARY 2, 2009

The regular meeting of the Bowling Green City Council, held in the Municipal Court Jury Room, 711 S. Dunbridge, Bowling Green, Ohio was called to order at 8:25 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, Public Works Director Brian Craft, Utilities Director Kevin Maynard, and Planning Director Rick Ketzenbarger.  Parks and Recreation Director Michelle Grigore was not present.

Council President Newlove declared the minutes of the meeting held January 20, 2009 approved as distributed.

CORRESPONDENCE

            There was no correspondence.

OFFICIAL REPORTS

            Mayor John Quinn reported that the annual State of the City Address will be held on Tuesday, February 10, at 9:00 a.m. at the Wood County Library.  Mayor Quinn indicated that Council Members should make reservations through his office.

            Municipal Administrator John Fawcett had no report.

            Planning Director Rick Ketzenbarger had no report.

            Parks and Recreation Director Michelle Grigore was not present.

            City Attorney Michael Marsh had no report.

            Utilities Director Kevin Maynard had no report.

            Public Works Director Brian Craft reported that Public Works crews are approximately half way done with the distribution of the new blue recycling containers.  Craft also reported that snow removal crews have logged in around 400 hours of overtime during the recent snow storms and that the City has taken delivery of 500 tons of additional deicing salt.

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 Mayor of the City of Bowling Green, Ohio, to file an application and execute a contract upon grant application approval under the Community Development Block Grant: Entitlement Program as authorized by the Housing and Community Development Act of 1974, as amended.

            Council Member Newlove, for the Finance Committee, introduced an ordinance authorizing the Municipal Administrator to sign a contract with the Bowling Green Police Patrolman’s Association OPBA, and declaring an emergency.

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance accepting easements for electric service installations from Daniel VanVorhis for Richard N. VanVorhis, Trustee, and from David and Rebecca Adams, and from Greenlock Storage, LLC, and from Thomas V. and Barbara A. O'Brien.

            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 for the 2009 Fort Drive and Wallace Avenue sewer improvements.

            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 State of Ohio purchasing programs for the purchase of vehicles and equipment as well as the trade-in or outright sale of vehicles and equipment being replaced.

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance authorizing the Utilities Director to execute a contract with DPS Equipment Services, Inc., without advertising for bids, for the purchase of original equipment manufacturer (OEM) parts and the necessary labor to overhaul the Wastewater Treatment Plant’s primary settling tank drive units.

COUNCIL COMMITTEE REPORTS

            There were no Council Committee reports.

LOBBY VISITATIONS

            Gary Pierce, 822 North Christopher Drive, addressed Council to reiterate that he would like to see the City develop standards for exterior maintenance of properties in the City.

READING OF LEGISLATION

            Clerk read Resolution #3385 authorizing the Mayor of the City of Bowling Green, Ohio, to file an application and execute a contract upon grant application approval under the Community Development Block Grant: Entitlement Program as authorized by the Housing and Community Development Act of 1974, as amended, for first reading.

            Clerk read Ordinance #7862 accepting easements for electric service installations from Daniel VanVorhis for Richard N. VanVorhis, Trustee, and from David and Rebecca Adams, and from Greenlock Storage, LLC, and from Thomas V. and Barbara A. O'Brien, for first reading.

            Clerk read Ordinance #7863 authorizing the Utilities Director to advertise for bids and enter into a contract or contracts for the 2009 Fort Drive and Wallace Avenue sewer improvements, for first reading.

            Clerk read Ordinance #7864 authorizing the Utilities Director to advertise for bids and enter into a contract or contracts and/or participate in State of Ohio purchasing programs for the purchase of vehicles and equipment as well as the trade-in or outright sale of vehicles and equipment being replaced, for first reading.

            Clerk read Ordinance #7865 authorizing the Utilities Director to execute a contract with DPS Equipment Services, Inc., without advertising for bids, for the purchase of original equipment manufacturer (OEM) parts and the necessary labor to overhaul the Wastewater Treatment Plant’s primary settling tank drive units, for first reading.

            Clerk read Ordinance #7866 authorizing the Municipal Administrator to sign a contract with the Bowling Green Police Patrolman’s Association OPBA, and declaring an emergency, for first reading.

            Council Member Newlove moved, Frost seconded, to suspend the rules and give Ordinance #7866 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 Ordinance #7866 for second and third reading by number and title only.

            Council Member Newlove moved, Dunn seconded, to adopt the emergency clause for Ordinance #7866.  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 Newlove moved, Frost seconded, to adopt Ordinance #7866.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, Frost, and Heminger voted yes.  Council President Newlove declared motion carried, and Ordinance #7866 adopted.

            Clerk read Ordinance #7853  authorizing an agreement between the City of Bowling Green, Ohio, and the Wood County Regional Airport Authority, for second reading.

            Clerk read Ordinance #7854  authorizing the Municipal Administrator to advertise for bids and enter into a contract or contracts for tree plantings & tree maintenance for trees located within the public right-of-way of the City of Bowling Green, for second reading.

            Clerk read Ordinance #7855 authorizing the Municipal Administrator & Utilities Director to enter into a contract or contracts with specified vendors for work that may exceed $25,000 annually for calendar year 2009, for second reading.

            Clerk read Ordinance #7856 authorizing the Municipal Administrator to advertise for bids and enter into a contract or contracts and/or participate in State of Ohio purchasing programs for the purchase of vehicles and equipment as well as the trade-in or outright sale of vehicles and equipment being replaced, for second reading.

            Clerk read Ordinance #7857 authorizing the Municipal Administrator to advertise for bids and enter into a contract or contracts for sidewalk improvements, pavement striping, deicing salt, and improving streets, alleys, and other public ways in the City of Bowling Green, Ohio, for second reading.

            Clerk read Ordinance #7859 amending and adopting Section 150.104(A) and Section 150.122(B)(1) & (2) and Section 150.132(F)(1) and Section 151.17(A)(1) & (C) of the Codified Ordinances of the City of Bowling Green, Ohio, concerning certain zoning and planning fees, for second reading.

            Clerk read Ordinance #7860 accepting annexation of approximately 13.44 acres of land in Plain Township, Wood County, Ohio, from the State of Ohio Department of Transportation, petitioners, for second reading.

            Clerk read Ordinance #7861 establishing interim zoning of I-1 Institutional zoning for the property generally known as 13982 Mitchell Road and 14750 Mitchell Road and recently annexed to the City of Bowling Green, Ohio, by the State of Ohio Department of Transportation, for second reading.

            Clerk read Resolution #3382 authorizing the Municipal Administrator and the Utilities Director to participate in the Ohio Department of Transportation Cooperative Purchase Program for the purpose of purchasing machinery, materials, supplies, or other articles, for third reading.

            Council Member Newlove moved, Heminger seconded, to adopt Resolution #3382.  On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and Resolution #3382 adopted.

            Clerk read Resolution #3383 approving revision to the Housing Section of the Comprehensive Master Plan of the City of Bowling Green, Ohio, by adding Section 6.4(O) relating to strategies and recommendations and development and implementation of an inspection and licensing system, for third reading.

            Council Member Frost moved, Dunn seconded, to adopt Resolution #3383.

            Immediately following the above motion, Council Member Zanfardino moved to table Resolution #3383 for a period of one year, Heminger seconded the motion.  The motion is a non-debatable motion.  On roll call vote, Council Members Zanfardino and Heminger voted yes.  Council Members Sorrells, Dunn, Frost, McOmber, and Newlove voted no.  Council President Newlove declared motion defeated.

            The motion to adopt remained open for discussion.  Council Member McOmber commented that there are valid points made on both sides of this issue.  McOmber proposed new language for Section O in order to find some common ground.  McOmber suggested that Section O read as follows:

Required Standards and Enforcement

Housing in the City should be required to comply with a set of minimum maintenance standards based on health, safety, and, possibly, appearance.  Any such standards need to be supported by a system of enforcement that encourages voluntary compliance but effectively forces compliance on the part of property owners and residents who do not voluntarily comply.

Council Member Heminger agreed with McOmber in the fact that the Housing Master Plan is an aspirational document and that perhaps as suggested the focus should be on all housing and not just rentals and perhaps an exterior inspection rather than an interior inspection.  Heminger stated that as a starting point that focusing on exterior maintenance and all housing rather than just rental properties may be a good place to start.  Heminger suggested instituting an exterior maintenance inspection on an annual basis performed by the City’s Code Enforcement Officers during the months of March and April.  McOmber stated that before instating a new system, it may be valuable to see if the old inspection system through the County Health Department could be utilized in a more effective manner.

            Council Member Sorrells stated that he feels that the City needs to hold the Health Department accountable for their responsibility in exterior maintenance requirements.  Sorrells also indicated that instituting a licensing and inspection program does not guarantee that it will fix the problems they have been hearing about from the east side residents.  Sorrells noted that he has talked to people in Sandusky, where the program has primarily become one of registration, not licensing and inspection, and in Athens, where the program is bogged down in logistics consumed with time spent in scheduling the inspections.  Sorrells also said that Bowling Green benefits from the fact that Wood County has a building inspection department and that there are permits required for construction of housing in the City and required inspections throughout the construction phase.

            Council Member Dunn indicated that he would like to see Council come up with a Section O that deals with property standards for all properties.

            Council Member McOmber suggested that Council adopt the language he presented earlier as the new Section O, and then table the resolution pending a review by an ad hoc committee appointed by Council President Newlove that would review the current system and make recommendations on how it could be better utilized.  Heminger indicated that he would be agreeable to that, but his thoughts are that the current system needs to be “beefed” up to be more effective and there needs to be a time limit on the evaluation process.

            Council Member Frost agreed with the proposed idea of appointing an ad hoc committee, but would like to see it go a step further by including individuals from the different organizations that have come before Council with their concerns for the neighborhoods.

            Council President Newlove stated that she does not support Section O as it is written now and does not feel that something that strongly written belongs in a document that is primarily a guideline type of document.

            To clarify, McOmber noted that the goal of an ad hoc committee would be to review what is currently being done with the Health Department regarding the inspection of properties in the City and suggest ways in which that can be improved.

            Mayor Quinn noted that a good place to start for the formation of an ad hoc committee is the group that met last Thursday regarding this issue and the Community Collaboration group that was developed several years ago between the city, local schools and BGSU.

            The consensus of Council was to vote down the current Section O resolution and to put together some sort   satisfactory wording for Section O of the Housing Section of the Master Plan to be introduced at the next Council meeting and then to appoint an ad hoc committee to further study the issue.  Council Member Dunn called the question on the motion to adopted.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, Frost, and Heminger voted no.  Council President Newlove declared motion defeated.

            Clerk read Ordinance #7850 amending and adopting Section 94.03 and 94.04(B) & (C) of the Codified Ordinances of the City of Bowling Green, Ohio, regarding refuse collection by city, for third reading.

            Council Member Zanfardino moved, Dunn seconded, to adopt Ordinance #7850.  On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Newlove, Sorrells, and Zanfardino voted yes.

            Clerk read Ordinance #7851 amending and adopting Section 33.27(A) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to vacations, for third reading.

            Council Member Newlove moved, McOmber seconded, to adopt Ordinance #7851.  On roll call vote, Council Members  Frost, Heminger, McOmber, Newlove, Sorrells, Zanfardino, and Dunn voted yes.  Council President Newlove declared motion carried, and Ordinance #7851 adopted.

            Mayor Quinn noted that according to the City Charter Council does not have the authority to appoint an ad hoc committee, but that he does.  Mayor Quinn indicated that he would appoint a committee based on his earlier recommendation. 

            Council also asked that new legislation be introduced at the next meeting with the new language proposed by Council Member McOmber for revising Section O.

Council Member McOmber moved, Heminger seconded, to adjourn.  On unanimous voice vote, Council President Newlove adjourned the February 2, 2009 regular meeting of the City Council at 9:25 p.m., subject to call.