City Council - July 10, 2006

A Regular Meeting of the Ferndale City Council was held Monday, July 10, 2006, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at
7:33 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.

341. Mayor Porter requested an item be added to this Council Agenda. He announced this item was regarding a Notice of Intent Resolution to issue and sell Revenue Bonds to pay the cost of Water Supply Improvements, and had a deadline, which was prior to the next Regular Council Meeting. It was the consensus of Council to add this Item as Regular Agenda Item A.

PROCLAMATION Week of July 31 through August 6, 2006, as

Childhood Cancer Awareness Week

342. Mayor Porter proclaimed the week of July 31 through August 6, 2006, as Childhood Cancer Awareness Week.

PUBLIC HEARING 2006 Sidewalk Replacement Program

343. Mayor Porter opened the Public Hearing regarding the 2006 Sidewalk Replacement Program at 7:39 p.m. Linda Clark, Donald Wakefield, Richard Arndt, Rachael Everett, Brian Colt, Brenda Underwood, Mary Reeve, Michael Glayco, Darlene Garbula, and Harlen Hill had questions and/or comments. Mayor Porter closed the Public Hearing at 8:40 p.m.

A. Consideration of Resolution authorizing the 2006 Sidewalk Replacement Program and to proceed pursuant to the special assessment process

Moved by Councilman Covey, seconded by Councilman Galloway, that a Public Hearing was held and to authorize the 2006 Sidewalk Replacement Program to proceed pursuant to the special assessment process.

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

NAYS: None

MOTION CARRIED

344. Call to Audience

Rebecca Hammond, on behalf of the Sierra Club, thanked Council for allowing "The Green Cruise" to be held in Ferndale.

The "Raging Grandmas" sang a song regarding Freedom of Speech.

Nancy Goedert wished City Manager Barwin well on his relocation to Oak Park, Illinois. She expressed concern regarding an arrest after a demonstration and requested Council to investigate the training of Police Officers.

Steve Turner requested that Council consider establishing a Tree Advisory Board and an update to the current Tree Ordinance.

Heather Carmona, of the Woodward Avenue Action Association, wished City Manager Barwin well on his relocation to Oak Park, Illinois, and she presented him with a certificate for his work on the Woodward Avenue Action Association.

Richard Kuzmar commented on an arrest made after a demonstration and the pending lawsuit.

Robert Payne commented on the amount of the fee for filing an appeal regarding a handrail violation.

Michael Lary anounced activities planned for the upcoming Dream Cruise and Retrofest.

Consent Agenda

Councilman Covey left Council Chambers at 9:07 p.m.

Councilman Lennon left Council Chambers at 9:10 p.m.

345. Moved by Councilman Galloway, seconded by Councilman Covey, to adopt the Consent Agenda in its entirety, as submitted.

A. Approval of the Minutes of the Special Meetings held November 28, and
December 27, 2005, January 23, 2006 (2 Meetings), and the Regular Meetings held November 14, November 28, December 12, December 27, 2005,

January 9, January 23, and June 26, 2006, as submitted by City Clerk.

B. Adopted the Resolution authorizing the City Clerk to submit the Help America Vote Act (HAVA) Grant Application to the State of Michigan for Optical Scan Voting Tabulators and Election Management Systems (EMSs), and reaffirmed execution of Grant Application, as submitted by City Clerk.

C. Approved the Special Event Application submitted by Kris McCool of Apostolic Faith Tabernacle for A.F.T. Family and Friends Day on Sunday, July 30, 2006, from 10:30 a.m. to 8:00 p.m., at Geary Park, as submitted by City Clerk.

D. Approved the estimated quote of $4,397.10 of Tennant Sales and Service Company for repair parts for street sweeper, and that the expense be charged to the Motor Pool Fund, Repair and Maintenance, Account# 661-775, as submitted by DPW Director.

E. Approved of Contract with HAVEN, Inc., for Community Development Block Grant Program for the period covering July 1, 2006 through

June 30, 2007, and authorized the Mayor and City Clerk to sign Contract, as submitted by CDS Director.

F. Adopted the Resolution authorizing Application to the Michigan Liquor Control Commission (MLCC) for a Special Liquor License for the sale of beer and wine for consumption at the Ferndale Pet Expo Preview Party to be held at the Ferndale Activities Center on Friday, August 25, 2006, as submitted by the Recreation Director.

G. Approved the Telecommunications Project Management Services Agreement and Scope of Services with RMS Associates, LLC, of Clinton Township, in the amount of $14,400.00, to manage and implement the Ferndale telecommunication upgrade and cost reduction plan as awarded to SunTel Services with said funding to be charged through the Central Services Telecommunications Fund, as outlined herein and RMS Associates’ correspondence of June 28, 2006, and authorized the Mayor to sign Agreement, as submitted by City Manager.

H. Approval of 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.

Councilman Covey returned to Council Chambers at 9:11 p.m.

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

NAYS: None

ABSENT: Councilman Lennon

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 9:12 p.m.

Regular Agenda

A. Consideration of adoption of Notice of Intent Resolution to issue and sell Revenue Bonds to pay the cost of Water Supply Improvements

346. Moved by Councilman Galloway, seconded by Councilman Lennon, to adopt the Notice of Intent Resolution, as prepared by Miller Canfield, and to change the date of adoption as noted in the Resolution to July 10, 2006.

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

NAYS: None

MOTION CARRIED

Call to Council

347. Fire Chief Schmidt announced that the 2nd Annual Battle of Badges Blood Drive would be held at the Kulick Community Center on July 19, 2006, and encouraged people to donate blood.

348. City Attorney Christ provided information regarding the authority of the City to assess property owners with respect to sidewalks, where the City had determined it appropriate to undertake repairs.

349. City Manager Barwin commented on his experience working for the City of Ferndale. He announced that his "Going Away Party" would be held during the Pub Crawl on Friday, July 28, 2006.

350. Councilwoman Gumbleton requested that an appointment to the Arts and Cultural Commission be placed on the next Regular Council Meeting Agenda.

351. Councilman Galloway requested that the Resolution that Council had received regarding opposing the November, 2006 Ballot Proposal to Ban Affirmative Action in the State of Michigan be revised to be appropriate for the City of Ferndale and be placed on the next Regular Council Meeting Agenda.

352. Councilman Lennon commented on the Sidewalk Replacement Program.

353. Councilman Covey commented on the Sidewalk Replacement Program and City taxes. He inquired about the removal of trees on Withington. Councilman Covey also commented on honking and when it’s legal and on the arrest after a demonstration. He announced that the 10th Annual Pub Crawl would be held on July 28, 2006, and that volunteers were needed.

354. Mayor Porter commented on his experience at the First Tier Suburbs Seminar by the National League of Cities. He also commented on loans and foreclosures of properties.

Mayor Porter adjourned the meeting at 9:30 p.m.

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Robert G. Porter, Mayor

ATTEST:

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Karen Pedro, City Clerk