City Council - February 27, 2006

PROPOSED MINUTES

FERNDALE CITY COUNCIL MEETING

MONDAY, FEBRUARY 27, 2006, 7:30 P.M. AT CITY HALL

A Regular Meeting of the Ferndale City Council was held Monday, February 27, 2006, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Pro Tem Lennon called the meeting to order at 7:41 p.m.

Boy Scout Troop No. 1204 led the Pledge of Allegiance.

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

XXX. Moved by Councilman Covey, seconded by Councilman Galloway, 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

Mayor Robert G. Porter had cause for his absence from the Regular Council Meeting of February 27, 2006.

THEREFORE BE IT RESOLVED that Mayor Robert G. Porter be excused from the Regular Council Meeting of February 27, 2006, for the reasons stated above, as provided by Section 10 of Chapter III of the City Charter.

AYES: C, G, GU; MTL

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. 2005 Employees Service Awards were presented by Mayor Pro Tem Lennon and Councilman Covey.

XXX. No one was present for the presentation of Ferndale Chamber of Commerce.

XXX. Mayor Pro Tem Lennon proclaimed that March, 2006, as Parenting Awareness Month.

XXX. Mayor Pro Tem Lennon proclaimed March 25, 2006, as Ferndale Elks Day in the City of Ferndale.

1. Alan Soave presented Council with a copy of his property value and assessment document, and also a letter from his neighbor.

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

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

A. Approval of the Minutes of the Special Meetings held May 2, May 23,

June 13, July 11, July 25, August 8, August 22, and August 25, 2005, and the Regular Meetings held May 9, May 23, with the following corrections: Page 83, number 5., under Call to Audience, change "Reese Gary" to "Maurice Geary", June 13, June 27, July 11, July 25, August 8, and August 22, 2005, as submitted by City Clerk.

B. Adoption of Council Expense Policy, as submitted by the Ordinance Committee, with the following correction: to change the cell phone reimbursement amount from "$35.00" to "$40.00" per month.

C. Adoption of Travel Resolution authorizing attendance at the NLC Conference to be held March 10-16, 2006, in Washington, D.C., as submitted by City Clerk.

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

E. Authorization for the Fire Chief to execute Release and Assignment, Subrogation and Subrogation Waiver in connection with the Ferndale Fire Department’s provision of services to Corporate Occupational Health Services, Inc., as submitted by Fire Chief.

F. Approval to table the excepted area of the Zoning Map, that being East Troy, between Bonner and Farrow, to the March 16, 2006 Regular Council Meeting, as submitted by City Manager.

G. Memorial Day Parade - May 30, 2006, as submitted by City Manager.

1. Approval of observance of Memorial Day with annual parade

2. Approval of contribution to Ferndale Memorial Association

3. Approval of Agreement with Ferndale Memorial Association and authorization for the Mayor to sign Agreement

4. Adoption of Resolution authorizing City Clerk to apply to MDOT for permit

H. Approval of the First Amendment to the Electrical Engineering Services Contract with J. A. Lombardo and Associates and authorization for the Mayor and City Clerk to sign the Contract, as submitted by DPW Director.

I. Approval to extend the Contract with Mulville & Sons Building Maintenance for one year for window cleaning services and to waive the competitive bidding process, pursuant to the Procurement Policy, as submitted by DPW Director.

J. Approval to pay invoices for electrical work performed at Geary Park by McChesney Electric, Inc., as submitted by DPW Director.

K. Approval of the bills and payrolls (as certified by City Manager), to be paid subject to review by the Council Finance Committee.

AYES: C, G, GU; MTL

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilman Galloway, to appoint Steve Selvaggio and Mike Ansley to the Downtown Development Authority filling the unexpired terms, expiring December 31, 2007.

AYES: G, GU, C, MTL

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Council took no action on this Agenda Item.

Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to appoint Christopher Mourgelas to the Plan Commission for a three-year term, expiring December 31, 2008.

AYES: GU, C, G, MTL

NAYS: None

ABSENT: MP

MOTION CARRIED

Council took no action on this Agenda Item.

XXX. Moved by Councilman Covey, seconded by Councilman Galloway, to adopt Ordinance No. 1007, which amends Chapter 22, Section 22-71, of the Ferndale Code of Ordinances regarding Wastewater Discharge Controls.

AYES: C, G, GU; MTL

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilman Galloway, to add to the Liquor License Committee one Member of City Council to be appointed annually to sit on that Committee.

AYES: G, GU, C; MTL

NAYS: None

ABSENT: MP

MOTION CARRIED

Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to amend the Intra County On-Premises License Transfer Resolution.

AYES: GU, C, G; MTL

NAYS: None

ABSENT: MP

MOTION CARRIED

Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to appoint Councilman Galloway as the Council Member on the Liquor License Committee for a one year term, ending December 31, 2006.

AYES: C, G, GU; MTL

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Council took no action on this Agenda Item.

Mayor Pro Tem Lennon left Council Chambers at 8:32 p.m.

Mayor Pro Tem Lennon requested Councilman Galloway to Chair the Meeting.

Mayor Pro Tem Lennon returned to Council Chambers at 8:35 p.m.

Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to have Police Chief Kitchen’s wage adjustment of 2% to become effective

July 1, 2006.

AYES: G, GU, C; MTL

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to receive the report and make it a matter of record and also direct that a Public Hearing be scheduled for Thursday, March 16, 2006, at 7:30 p.m., regarding the non-renewal Class C Liquor Licenses and that the City Attorney’s Office prepare and have served appropriate legal notice of the scheduled Hearing to the above listed establishment that is in question and/or those establishments that are delinquent in paying taxes that were due on March 1, 2006, according to the Assessor/Treasurer’s report as of 12 Noon on March 3, 2006.

AYES: GU, C, G; MTL

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilman Galloway, to adopt the Resolution regarding Transferring Control of Wide Open West Holdings, LLC to Racecar Acquisitions, LLC

AYES: C, G, GU; MTL

NAYS: None

ABSENT: MP

MOTION CARRIED

Moved by Councilman Covey, seconded by Galloway, to approve the Special Event Application submitted by Sierra Club for Green Cruise on Saturday, August 12, 2006, from 11:00 a.m. to 5:00 p.m. subject to the conditions and adjustments as submitted by the Special Events Committee and for the Sierra Club to work with the Police Department to secure safe routes from the Bike Route to the Celebration area and back and arrangement for the details associated with the Parade Route and that proper insurance is submitted at least five days prior to the event and approval of the insurance by the City Attorney.

AYES: G, GU, C; MTL

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Fire Chief Schmidt announced that a bulletin from the Bureau of Construction Codes and Fire Safety announced that home and business owners would have one year, beginning March 14, 2006, to have smoke detectors installed. He also announced a full scholarship was available from Oakland Community College to attend their Fire Academy and applications were available through the Fire Department.

XXX. City Manager Barwin announced that Progressive Metal was undergoing an expansion with help from the County and because of this two residents were needed to be appointed to the County’s Economic Development Corporation Board. He also announced that the Historical Commission was contemplating expanding the Historical Museum.

XXX. City Attorney Christ announced that the Ordinance Committee was working on the Cable Television Policy regarding the cablecasting of Political Forums and it would be forwarded to Council soon.

XXX. Moved by Councilman Covey, seconded by Councilman Galloway, to grant an extension of 90 days for the review of the City Clerk’s goals, being at a Special Meeting held at the end of July, 2006.

AYES: C, G, GU; MTL

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Councilman Covey wished everyone "Happy Mardi Gras" and announced that the David A. Lennon Foundation would host a Vegas Night at the Elk’s Club in Royal Oak on Friday, March 3, 2006. He requested that a Resolution of Condolence be prepared for Bill Huddleston for the next Regular Council Meeting. Councilman Covey also wished Norbet Brissette "Happy 85^th Birthday", which he celebrated last week. He requested that the Ordinance Committee explore the idea of allowing hybrid and electric cars to park for free in the City of Ferndale and extending the hours of parking meters. Councilman Covey also requested that the Ordinance Committee research a Human Rights Ordinance for the City of Ferndale.

XXX. Mayor Pro Tem Lennon announced there were openings on Boards and Commissions and encouraged the public to apply.

Mayor Pro Tem Lennon adjourned the meeting at 9:12 p.m.