City Council - December 13, 2004

PROPOSED MINUTES
FERNDALE CITY COUNCIL MEETING
MONDAY, DECEMBER 13, 2004, 7:30 P.M. AT CITY HALL

A Regular Meeting of the Ferndale City Council was held Monday, December 13, 2004, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:40 p.m.

Mayor Porter led the Pledge of Allegiance.

Roll call showed the following members of Council present: Council Members Covey, Lennon, Weber; Mayor Porter. Absent: Councilman Galloway.

XXX. Moved by Councilwoman Weber, seconded by Councilman Covey, to adopt the following Resolution:

Section 10 of Chapter III of the Charter of the City of Ferndale, Oakland County, Michigan provides that absence from five consecutive Regular meetings of the City Council shall automatically operate to vacate the seat of the member of the Council unless the absence is excused by Resolution setting forth such excuse and entered upon the journal; and

Councilman T. Scott Galloway had cause for his absence from the Regular Council Meeting of December 13, 2004.

THEREFORE BE IT RESOLVED that Councilman T. Scott Galloway be excused from the Regular Council Meeting of December 13, 2004, for the reasons stated above, as provided by Section 10 of Chapter III of the City Charter.

AYES: C,L,W;MP

NAYS: None

ABSENT: G

MOTION CARRIED

PRESENTATION Ferndale Public Schools

XXX. Beth D’Anna, of Ferndale Public Schools, made a presentation and provided an update on activities throughout Ferndale Public Schools. Ms. D’Anna introduced Liz Kannon from the Outreach Committee and indicated both she and Ms. Kannon will be making Ferndale Public Schools Presentations at Council Meeting. Mayor Porter also provided information on activities in the Ferndale Public Schools.

XXX. A representative of the Hazel Park Public Schools was not present for the presentation.

XXX. Acting Fire Chief Roger Schmidt and Firefighter Gary McMenamin, President of the Ferndale Goodfellows, presented a plaque and dinner gift certificate to Jim and Kathy Stone in honor of their 27 years of work with the Goodfellows. Mr. Stone accepted the award. Firefighter McMenamin also announced that the Goodfellows Newspaper Sale raised $4,500.00 and the ads in that were in the Goodfellows’ newspaper raised $1,600.00 for a grand total $6,100.00.

XXX. Fire Sergeant Kazee introduced two Firefighters, who were each wearing turnout gear. Firefighter Schwall modeled the current gear and Firefighter Koster modeled the new gear.

1. Doug Davis, Arts and Cultural Commission Member, thanked Council for the use of Council Chambers for their music program during the past weekend.

2. Jean Davis, Chair of the Arts and Cultural Commission, announced the Holiday Auction will be held on Thursday, December 16, 2004, 6:00 p.m. to 8:00 p.m. at Just 4 Us, 211 West Nine Mile Road.

3. Jeff Hagerberg expressed concern regarding a possible Fire Contract with Royal Oak Township.

4. Dennis Auguston expressed concern regarding the length of time that trains block traffic.

XXX. Moved by Councilman Lennon, seconded by Councilwoman Weber, to remove Consent Agenda Item 8A (Approval of the Minutes of the Special Meetings held June 7, July 6, July 9, and July 19, 2004, and the Regular Meetings held June 14, June 28, July 12, and July 26, 2004, as submitted by City Clerk) and table this Agenda Item to the December 28, 2004 Regular Council Meeting.

AYES: W,C,L;MP

NAYS: None

ABSENT: G

MOTION CARRIED

XXX. It was the consensus of Council that Consent Agenda Item 8B be considered after the Regular Agenda.

Moved by Councilman Covey, seconded by Councilwoman Weber, to approve the amended Consent Agenda as follows:

Councilman Lennon left Council Chambers at 8:27 p.m.

A. REMOVED FROM CONSENT AGENDA AND TABLED - SEE MOTION PRIOR TO CONSENT AGENDA

B. REMOVED FROM CONSENT-MOVED TO END OF REGULAR AGENDA

C. Adoption of Year 2005 City Boards and Commissions meetings calendar, as submitted by City Manager.

D. Approval to waive paragraph 14 of the City of Ferndale Procurement Policy for the competitive bid process; approval of the proposal from Dixon Engineering and Inspection Services for the City water storage tank and approval of the Contract and authorization for the Mayor and City Clerk to sign the Contract, as submitted by the DPW Director.

E. Approval of invoice for installation of an overhead door and automatic door opener on the main storage building at the Southwest Storage Yard, as submitted by DPW Director.

F. Approval of the contract with SMART for the Specialized Services Operating Assistance Program Third-Party Contract for the period covering

October 1, 2004 to September 30, 2005, and authorization for the Mayor and City Clerk to sign the Contract, as submitted by Recreation Director.

G. Approval of the bills, payrolls (as certified by City Manager) and City Attorney expense statements submitted by Howard Shifman, P.C., and Beier Howlett, P.C., to be paid subject to review by the Council Finance Committee.

AYES: C,W,MP

NAYS: None

ABSENT: G and L

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:30 p.m.

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to appoint Jacob Davidson, 1325 Marie, to the Arts and Cultural Commission, for a term expiring December 31, 2005.

AYES: L,W,C;MP

NAYS: None

ABSENT: G

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to approve the transfer of 2004 Class C Liquor License, which includes Step I and Step II, to 1810 Planavon.

AYES: W,C,L;MP

NAYS: None

ABSENT: G

MOTION CARRIED

Mayor Porter left Council Chambers at 8:39 p.m.

Mayor Pro Tem Covey assumed the Chair.

Mayor Porter returned to Council Chambers at 8:40 p.m.

XXX. Moved by Councilwoman Weber, seconded by Councilman Lennon, that Council adopt the City of Ferndale Intra-County On-Premises License Transfer Resolution.

AYES: C,L,W;MP

NAYS: None

ABSENT: G

MOTION CARRIED

Councilman Covey left Council Chambers at 9:00 p.m.

Councilman Covey returned to Council Chambers at 9:04 p.m.

Mayor Porter left Council Chambers at 9:09 p.m.

Mayor Pro Tem Covey assumed the Chair.

Mayor Porter returned to Council Chambers at 9:13 p.m.

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to approve the development/reimbursement agreement with the requirement commencement date of May 31, 2005; a performance bond in the amount of the developer’s percentage of the infrastructure work in addition to a performance bond or letter of credit in the amount of $19,775.00 to cover the builder’s bonds required by CDS; assignment language discussed at the Table and approved by the City Attorney; the stipulation that no local taxes be used to pay interest on this project and to authorize the Mayor and City Clerk to sign the Agreement

AYES: L,W,C;MP

NAYS: None

ABSENT: G

MOTION CARRIED

Councilman Lennon left Council Chambers at 9:23 p.m.

Councilman Lennon returned to Council Chambers at 9:25 p.m.

XXX. Moved by Councilwoman Weber, seconded by Councilman Covey, that pursuant to paragraph 14 of the City of Ferndale Procurement Policy, Council waive the competitive bid process and approve the not-to-exceed the fee proposal of $28,500.00 of Hubbell, Roth, and Clark Inc. (HRC), to provide consulting engineering services to develop a project plan under the State Drinking Water Revolving Fund Program to apply for a low-interest 20-year loan to improve the City’s water distribution program; that the Agreement between the City and HRC for said services be approved; and that the cost be charged to the Water and Sewer Fund, Contractual, Account# 592-818.

AYES: W,C,L;MP

NAYS: None

ABSENT: G

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Covey, to approve the two budgeted and vacant Clerk Typist II positions in the CDS Department.

AYES: C,G,L,W;MP

NAYS: None

ABSENT: G

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to appoint City Manager Barwin for the City Administration/Elected Representative with Mayor Porter as Alternate; to appoint Acting Fire Chief Schmidt as Representative for the Fire Department and to appoint Fire Inspector Batten as Fire Union Representative with Sergeant Sullivan as Alternate.

AYES: L,W,C;MP

NAYS: None

ABSENT: G

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, that Council grants the request from Jonasi, L.L.C. to transfer ownership of 2004 Class C Licensed Business, located in escrow at 47690 Grand River, Novi, Oakland County, from Don-Ter Seafood, L.L.C.; Transfer Location to 201 West. Nine Mile Road; Ferndale; Oakland and request a new entertainment permit.

AYES: W,C,L;MP

NAYS: None

ABSENT: G

MOTION CARRIED

XXX. Police Chief Kitchen wished everyone Happy Holidays.

XXX. Interim Fire Chief Schmidt wished everyone Happy Holidays and encouraged residents to have working smoke detectors.

XXX. City Clerk Pedro wished everyone Happy Holidays.

XXX. City Manager Barwin congratulated Nami Sushi, 201 West Nine Mile, on obtaining a Liquor License at tonight’s meeting and wished everyone Happy Holidays.

XXX. Councilman Lennon commented on a Town Hall meeting he attended regarding the City’s Recreation Programs and announced that the next Town Hall meeting will be held on January 24, 2005, at the Kulick Community Center. He requested that the City Clerk begin the process of scheduling Appointee Evaluations. Councilman Lennon inquired to the City Manager about the status of Walgreens coming to Ferndale. He also requested that the City Clerk place on a future Agenda a job title change from "Fire Insepctor" to "Fire Marshal" and Mayor Porter requested that Councilman Lennon speak with the Labor Attorney regarding a job title change. He wished everyone a Happy Holidays.

Mayor Porter left Council Chambers at 9:39 p.m.

Mayor Pro Tem Covey assumed the Chair.

Mayor Porter returned to Council Chambers at 9:40 p.m.

XXX. Councilwoman Weber wished everyone Happy Holidays and commented on her hopes for the Holiday Season.

XXX. Councilman Covey commented on Fire Chief LeGault’s retirement dinner and that Appointee Evaluations needed to be scheduled. He asked Police Chief Kitchen if there had been an increase of car related thefts. He announced that the Beautification Commission was touring the City and judging holiday displays. Councilman Covey also announced that 4th Annual Ferndale Blues Festival will be held February 1 - 5, 2005, and volunteers were needed and also that the 1st Annual Pub Crawl in Royal Oak will be held on February 8, 2005, to raise funds for M.A.P.P. Councilman Covey commented about the Downtown Development Authority’s Ice Festival that was held this past weekend. He wished everyone Happy Holidays and enjoy the season.

XXX. Mayor Porter commented about a strategy carjackers are using in order to steal people cars. Mayor Porter offered condolences for family and friends of Walter Drewek. He also commented on a newspaper article featuring Al Cherry, a 99 year old bowler; the volunteers of the Ferndale Youth Assistance and reforming prescription drug programs.

Mayor Porter adjourned the meeting at 9:51 p.m.