City Council - June 12, 2006

FERNDALE CITY COUNCIL
June 12, 2006

A Regular Meeting of the Ferndale City Council was held Monday, June 12, 2006, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:37 p.m.

Mayor Porter led the Pledge of Allegiance.

Roll call showed the following members of Council present: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter. Absent: None.

299. Mayor Porter requested that the introduction of a new Police Officer be made prior to the first Agenda Item. No Council Member indicated objection. Police Chief Kitchen introduced new Police Officer, James Zwicker.

PRESENTATION Congratulations Resolution to Brown Star Products, Inc., on their 60th Anniversary

300. Moved by Mayor Porter, supported unanimously, to adopt the Congratulations Resolution to Brown Star Products, Inc., on their 60th Anniversary.

ADOPTED UNANIMOUSLY

PRESENTATION Ferndale Public Schools

301. No representative was present from Ferndale Public Schools to make a presentation.

PRESENTATION Hazel Park Public Schools

302. Sharon Hawkins, Community Education Supervisor of Hazel Park Schools, provided information on activities of the Hazel Park Public Schools.

PUBLIC HEARING Transfer of Class C Liquor License with new Dance-Entertainment Permit to be located at 22930 Woodward, The Bosco

303. Mayor Porter opened the Public Hearing regarding the transfer of a Class C Liquor License for The Bosco at 7:51 p.m. Dr. Lisa Spurlock expressed objection; Sherry Wells, Erick Buchholz, Don Smith, and Mary Onifer had questions and/or comments; and Daniel Haberman and Jeremy Haberman provided information. Mayor Porter closed the Public Hearing at

8:05 p.m.

A. Consideration of Resolution regarding transfer of Class C Liquor License with new Dance-Entertainment Permit to be located at 22930 Woodward, The Bosco

Moved by Councilman Lennon, seconded by Councilman Covey, to table this Agenda Item until such time as reviewed by the Ordinance Committee.

AYES: Council Members Covey and Lennon

NAYS: Council Members Galloway, Gumbleton; Mayor Porter

MOTION FAILED

Moved by Councilman Lennon, seconded by Councilman Covey, to table consideration of the Resolution regarding transfer of Class C Liquor License with new Dance-Entertainment Permit to be located at 22930 Woodward, The Bosco, definitely until the first Regular Council Meeting in July, 2006, or sooner if possible.

AMENDMENT

Moved by Councilman Lennon, seconded by Councilman Galloway, to send the Resolution regarding transfer of Class C Liquor License with new Dance-Entertainment Permit to be located at 22930 Woodward, The Bosco, to the City Attorney for clarification and to have this Agenda Item returned to Council on Monday, June 26, 2006.

AYES: Council Members Galloway, Gumbleton, Lennon, Covey; Mayor Porter NAYS: None

AMENDMENT TO THE MOTION CARRIED

MAIN MOTION NOW READS:

Moved by Councilman Lennon, seconded by Councilman Covey, to table this Agenda Item definitely to the next Regular Council Meeting on June 26, 2006, and for the City Attorney to construct language to make sure that an improper precedent is not set in granting this License.

AYES: Council Members Gumbleton, Lennon, Covey, Galloway; Mayor Porter

NAYS: None

MOTION CARRIED

304. Call to Audience

1. DDA Executive Director Sheppard-Decius provided information on activities of the Downtown Development Authority.

Councilman Lennon left Council Chambers at 8:51 pm.

2. Mary Tsouris requested an update on parking along Hilton Road.

Councilman Lennon returned to Council Chambers at 8:54 p.m.

3. Sherry Wells expressed concern regarding the Noise Ordinance and noise during the Motor City Pride event.

4. Jean Davis, on behalf of the Ferndale Garden Club, announced that the Garden Walk would be held on Saturday, June 17, 2006, from 11:00 a.m. to 5:00 p.m., and that tickets would be available at West Oakridge and Livernois.

5. Bill Minnick expressed concern regarding the Noise Ordinance and noise during the Motor City Pride event.

6. Michele Garcia expressed concern regarding the loudness of music at Via Nove.

It was consensus of Council to continue Call to Audience past the 30 minute time limit.

7. Jackie Koivu thanked the Community for their support in raising funds to allow the Zion Lutheran Church Youth Group to attend a conference in San Antonio, Texas. She commented on Scheer’s Ace Hardware store in Oak Park celebrating their 60th Anniversary and a Hawaiian Dance recital that was held at Kulick Community Center.

Councilman Galloway left Council Chambers at 9:20 p.m.

Erick Buchholtz expressed concern regarding the Noise Ordinance and noise during the Motor City Pride event.

Councilman Galloway returned to Council Chambers at 9:26 p.m.

9. Fred Huebener of the Triangle Foundation addressed some of the issues raised by residents.

Mayor Porter left Council Chambers at 9:27 p.m.

Mayor Pro Tem Lennon assumed the Chair.

10. Robert Payne thanked City Manager for the letter he received and announced he was providing notice for appeal.

Mayor Porter returned to Council Chambers at 9:35 p.m.

Consent Agenda

305. It was the consensus of Council that Consent Agenda Items 8A and 8B be considered after the Regular Agenda.

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

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

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

C. Approved Special Event Application from Reverend Jim Swinney of Oak Park Missionary Baptist Church for Annual Block Party to be held on Saturday,

June 24, 2006, from 7:00 a.m. to 6:00 p.m., at Wanda Park, as submitted by City Clerk.

D. Approved Special Event Application from Michael G. Cadotte of First United Methodist Church-Ferndale for Worship In The Park to be held on Sunday,

July 23, 2006, from 8:00 a.m. to 4:00 p.m., at Geary Park, as submitted by City Clerk.

E. Approved the erection of a moonwalk structure in the park requested by Collice Williams for a Birthday Party to be held on Saturday, July 1, 2006, from 4:00 p.m. to 7:00 p.m., at Geary Park, contingent upon approval of the insurance by the City Attorney, as submitted by City Clerk.

F. Adopted the Travel Resolution authorizing attendance at the NLC First Tier Suburbs Steering Committee Meeting to be held July 5-8, 2006, in Bedford, Ohio, as submitted by City Clerk.

G. Approved the Tentative Agreement with Firefighters Local 812, covering the period of July 1, 2004 to June 30, 2008, and authorized staff to prepare the Agreement with the Amendments, as submitted by Labor Attorney and City Manager.

H. Adopted the Fee Schedules for Fiscal Year July 1, 2006 through June 30, 2007, as submitted by Finance Director/Assistant City Manager.

I. Adopted the Resolution requesting reimbursement of eligible mosquito control activity under Oakland County’s West Nile Virus Fund Program, as submitted by DPW Director.

J. Approved the emergency replacement by Siemens Building Technologies, Inc., of a 10-ton air conditioning condenser unit for City Hall and the expense for this emergency work to be charged to Public Improvement Fund, Capital, Account # 245-977, as submitted by DPW Director.

K. Approved the Cost Sharing Agreement with Progressive Metals Manufacturing Company for a non-exclusive, 10 year license to park motor vehicles on the Channing right-of-way and authorization for the Mayor and City Clerk to sign Agreement, as submitted by DPW Director.

L. Approved the Contract with Doublejack Electric Co., Inc., for grounding improvements to the Police Department’s communication equipment; and authorized the Mayor and City Clerk to sign Contract, as submitted by DPW Director.

M. Approved the scheduling of a Public Hearing regarding 2006 Sidewalk Replacement Program, Special Assessment District No. 2006, to be held on Monday, July 10, 2006, at 7:30 p.m., as submitted by DPW Director.

N. Approved the scheduling of a Public Hearing regarding vacating the alley between 152 Wordsworth, 137 Channing and 21800 Woodward on Monday, July 24, 2006 Council Meeting at 7:30 p.m., and to direct the City Clerk to cause a notice of this hearing to be published two (2) consecutive weeks before that meeting in newspapers of general circulation in the City of Ferndale, as submitted by CDS Director.

O. Approved the bills, payrolls (as certified by City Manager) and City Attorney expense statements submitted by Howard Shifman, P.C., and Hafeli, Staran, Hallahan, Christ & Dudek, P.C., to be paid subject to review by the Council Finance Committee.

AYES: Council Members Lennon, Covey, Galloway, Gumbleton; Mayor Porter

NAYS: None

MOTION CARRIED

Regular Agenda

A. Consideration of purchase of equipment; related support and EMS Enterprise License for State required EMS Reporting

306. Moved by Councilman Galloway, seconded by Councilman Lennon, to:

1) Purchase a Panasonic Toughbook 18 and an HP 460Ce Thermal Inkjet Printer from Cygnus Systems, Inc., of Taylor, Michigan for the price of $4,236.00; and

2) Purchase Toughbook configuration and setup and one year of annual support help desk services from Cygnus Systems, Inc., for $1,250.00; and

3) Purchase EMS Enterprise License, and Level 1 Analytical Reporting, Startup and Annual Support and Online Record Storage from AccuMed Billing, Inc., for $3,782.00; and

The total cost for this project is $9,268.00, to be spent over two fiscal years, 2006 and 2007, Account# 101-336-977, Capital Outlay, for the hardware, and Account# 101-336- 818, Contractual, for the start up and record retention after July 1, 2006.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

Consideration of Channing Street Reconstruction Contract

307. Moved by Councilman Galloway, seconded by Councilman Covey, that the contract with Pro-Line Asphalt Paving Corp., to reconstruct Channing between Wanda and the Grand Trunk Western Railroad right-of-away be approved, and that the Mayor and City Clerk be authorized to sign it.

AYES: Council Members Galloway, Gumbleton, Lennon, Covey; Mayor Porter

NAYS: None

MOTION CARRIED

C. Consideration of bid to repair sewer along Stratford

308. Moved by Councilman Covey, seconded by Councilman Galloway, that the bid of $20,035.00 of Liquiforce Services USA, Inc., to repair a 155-foot section of the 15-inch concrete sewer along Stratford be accepted, and that the expense be charged to the Water and Sewer Fund, Capital, Account No. 592-977.

AYES: Council Members Gumbleton, Lennon, Covey, Galloway; Mayor Porter

NAYS: None

MOTION CARRIED

D. Consideration to purchase dump truck chassis and dump body

309. Moved by Councilman Covey, seconded by Councilman Galloway, to approve purchasing under the State Extended Purchase Program one International Diamond Spec truck chassis from the International Truck and Engine Corp., for $49,941.00 and one Henderson Mark One dump body from Knapheide Truck equipment, for $15,385; and to charge the total expense of $65,326.00 to the Fiscal ’07 Vehicle and Equipment Fund, Capital, Account# 661-977.

AYES: Council Members Lennon, Covey, Galloway, Gumbleton; Mayor Porter

NAYS: None

MOTION CARRIED

Consent Agenda Item A- Approval of the Minutes of the Special Meetings held September 8, September 12, and October 10, 2005

(2 Meetings), and the Regular Meetings held September 12, September 26, and October 10, 2005, as submitted by City Clerk.

310. Moved by Councilman Galloway, seconded by Councilman Lennon, to approve all the Minutes on this Agenda and for the City Clerk to start providing the Minutes of the most recent meetings at the next Regular Council Meeting following those meetings, and amongst that time, catch up with the other sets of outstanding Minutes, and to secure clerical help to assist with catching up, if necessary.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

Consent Agenda Item B- Authorization for the Fire Chief to have company logos applied to the Special Response Trailer with funding to come from monies pledged to the Trailer Completion Project, as submitted by Fire Chief.

311. Moved by Councilman Lennon, seconded by Councilman Covey, to authorize the Fire Chief to have company logos applied to the Special Response Trailer as described in his memorandum, for any company that makes a minimum donation of $500.00 to the Trailer Completion Project.

AMENDMENT

Moved by Councilman Covey, seconded Councilwoman Gumbleton, to include the original intent of the Fire Chief, which was that this program be limited in scope presently to chemical companies only and limited to the six that have been already solicited.

AYES: Council Members Galloway, Gumbleton, Lennon, Covey; Mayor Porter

NAYS: None

AMENDMENT TO THE MOTION CARRIED

MAIN MOTION NOW READS:

Moved by Councilman Lennon, seconded by Councilman Covey, to authorize the Fire Chief to have chemical company logos applied to the Special Response Trailer, as described in his memorandum, for any chemical company that makes a minimum donation of $500.00 to the Trailer Completion Project and to limit this to the six chemical companies that have been already solicited, as submitted by Fire Chief.

Councilman Galloway indicated for the record that he agreed it was a good effort to be fiscally responsible, however, he was concerned with any potential appearance of favoritism of the companies that advertise.

AYES: Council Members Gumbleton, Lennon, Covey; Mayor Porter

NAYS: Councilman Galloway

MOTION CARRIED

Call to Council

312. City Clerk Pedro announced that the Polling Location for Precinct 6 has changed from the St. James Community Center to the Kulick Community Center, beginning with the August, 2006 Election and those affected would receive new voter ID cards in the next couple of weeks. She indicated that there was a need for Election Workers and announced that a particular party was not preferred, however, Ferndale was in need of Republicans as Election Workers.

313. Councilwoman Gumbleton thanked Deborah Brazen for applying to the Plan Commission and encouraged residents to apply for any open Board or Commission seat. She congratulated all the graduates of 2006, and announced that Ferndale Public Schools was hosting their Annual Recognition Dinner on June 13, 2006, to honor staff and retirees.

314. Councilman Galloway commented on the Memorial Day celebration and announced that Boys and Girls Club of Southeastern Oakland County’s Youth of the Year was Nettie Lenaway and requested that she speak at a future Council Meeting. He requested that the City Manager’s Office look into placing signs on a car to identify the City Council at the next Memorial Day Parade.

315. Councilman Lennon congratulated the Ferndale High School Varsity Baseball Team on winning the District Championship in the State playoffs and commented on his experience at the Ferndale Parks and Recreation Little League Opening Day Ceremony. He also commented on an issue of protesters at the Memorial Day Parade.

316. Councilman Covey complimented the Triangle Foundation and all those involved on the Motor City Pride event being successful. He requested that the Police Chief look into the issue of residents being told that Council waived the Noise Ordinance during the Motor City Pride event. Councilman Covey encouraged residents to watch for graffiti throughout Ferndale.

317. Mayor Porter commented on potential parking next to the Dream Field and the various House Committee Bills and their impact on State Revenue Sharing. He indicated that the House passed the Helmet Repeal Law in Michigan and he expressed objections to this new law.

Mayor Porter adjourned the meeting at 10:27 p.m.

___________________________________

Robert G. Porter, Mayor

ATTEST:

____________________________________

Karen Pedro, City Clerk

The City of Ferndale, Michigan
300 East Nine Mile Road
Ferndale, Michigan 48220
(248) 546-2525
City Hall Hours:
Monday - Thursday 8:00am - 5:30pm
Closed Fridays

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