City Council - July 24, 2006

A Regular Meeting of the Ferndale City Council was held Monday, July 24, 2006, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at

7:35 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.

PRESENTATION July, 2006 Beautification Awards

368. Peggy Snow, Chair of the Beautification Committee, and Mayor Porter presented the July, 2006 Beautification Awards to the following: Commercial: Dairy Queen, 941 West Nine Mile Road (present); Rental: Debrah Look, 590 East Lewiston (present); Residential: Gloria Schurman, 598 West Saratoga (not present); Maria Ferreira, 425 Albany (not present); Erika Greene, 312 West Woodland (not present); and Chris and Matt Hough, 990 West Drayton (present). Ms. Snow announced that if residents had nominations for the Zinnia Award or Beautification Award to contact the Department of Public Works.

PUBLIC HEARING Alley Vacating located at 21800 Woodward, 152 Wordsworth and 137 Channing

369. Mayor Porter opened the Public Hearing at 7:45 p.m. There being no one who came forward to speak, Mayor Porter closed the Public Hearing at 7:45 p.m.

Consideration of adoption of Resolution approving alley vacating

Moved by Councilman Galloway, seconded by Councilman Lennon, to support the adoption of the Resolution vacating the alley, as attached to the July 14, 2006 Correspondence from the City Manager.

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

NAYS: None

MOTION CARRIED

370. Call to Audience

1. Jean Davis announced there would be a group called the "Crawling Seniors" that would participate in this year’s Pub Crawl and that Councilman Covey would extend a 50% discount on admission to the group members. She indicated that they would begin at 6:00 p.m. and the first 20 seniors to sign up would receive a visor inscribed with the words "Crawling Seniors."

2. State Senator Gilda Jacobs thanked City Manager Barwin for all his endeavors for the City and the Region and presented City Manager Barwin with a Special Tribute from the State Senate.

3. Joe Mahan complimented City Manager Barwin on his work, care and wisdom and wished him well. He invited everyone to attend the 9/11 Commemoration on September 11, 2006, to be held at the Geary Park Memorial Garden.

4. DDA Executive Director Cristina Sheppard-Decius announced that the Woodward Dream Cruise Poster would be unveiled on August 8, 2006, at Paramount Bank in conjunction with their Grand Opening. She announced that the Crow’s Nest would be unveiled on August 11, 2006, at the median at Nine Mile Road and Woodward and that the Dream Cruise and Retrofest would happen the following happen. DDA Executive Director Sheppard-Decius thanked City Manager Barwin for his support and championing of Downtown Ferndale; wished him success in Oak Park, Illinois, and presented him with gifts from Downtown Ferndale. Mayor Porter announced that City Manager Barwin would receive a duplicate Crow’s Nest dedication plaque.

5. Recreation Director Marsha Mellert announced that the Pet Expo would be held August 26-27, 2006, at Martin Road Park and the Ferndale Activity Center. She presented City Manager Barwin with an official Foot Frolic shirt so he would be wearing a piece of Ferndale at all times.

6. Councilman Covey announced this was City Manager Barwin’s last meeting and that his going-away party would be held in conjunction with the Pub Crawl. Councilman Covey presented City Manager Barwin with flowers as a token of appreciation from himself and City Manager Barwin’s Administrative Assistant for everything he had done for Ferndale.

7. Ray White, representing the TV crew of WFRN, expressed that City Manager Barwin would be missed and presented him a hat, a backpack and pens.

Councilman Lennon left Council Chambers at 8:16 p.m.

Consent Agenda

Consent Agenda was approved as submitted, with the exception of the Minutes of the Special Meeting held May 1, 2006, and the Regular Meetings held March 27, May 8, and May 22, 2006, as these Minutes will be placed on the next Regular Council Meeting Agenda.

371. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the Consent Agenda, as submitted:

Approved the Minutes of the Special Meetings held February 13, February 27, March 27, April 6, April 10, April 17, April 19, April 20, April 25, July 10, (2 Meetings) and July 17, 2006, and the Regular Meetings held February 13, February 27, March 16, April 10, April 24, and July 10, 2006, as submitted by City Clerk.

B. Approved the request from M.M.A. & T, Inc., for new Outdoor Service Area to be located on City property, located at 23500 Woodward, as submitted by Police Chief.

C. Approved the Special Event Application submitted by El-Shaddai MBC for Church Picnic on Saturday, August 5, 2006, from 10:00 a.m. to 6:00 p.m., at Harding Park, and approved a Moonwalk and tent for the event, contingent upon proper insurance being received and approved by the City Attorney, as submitted by City Clerk.

D. Approved issuance of a Pawnbroker’s License to be located at 771 E. Eight Mile Road, to be held by Steven Ruzumna, d.b.a. Cash Your Check Plus, Inc., and approved the two surety bonds, each in the amount of $3,000.00, as submitted by City Clerk.

E. Adopted the General Record Retention and Disposal Schedule # 8, printed by the Michigan Municipal League as Records Management Handbook, with a revision date of March, 1998, contingent upon approval of the schedule by the City’s Auditors, as submitted by City Clerk.

F. Approved the sale in the amount of $15,000.00 of the City Manager’s vehicle to outgoing City Manager Thomas Barwin, as submitted by City Manager.

G. Appointed DDA Executive Manager Sheppard-Decius to serve as Ferndale’s Woodward Avenue Action Association and Woodward Heritage Team Alternate Representative on an interim basis until the hiring of a permanent City Manager, as submitted by City Manager.

H. Approved the purchase in the amount of $13,478.00, for a 2007 Ford Taurus from Ed Schmid Ford for the Police Department, to be billed to Account# 661-977, Vehicle and Equipment Fund, Capital, as submitted by DPW Director.

I. Approved the purchase in the amount of $44,438.00, for a two Ford -150 Pickup Trucks from Gorno Ford, to be billed to Account# 661-977, Vehicle and Equipment Fund, Capital as submitted by DPW Director.

J. Approved the purchase in the amount of $33,505.00, for a Ford Freestar and one Ford Escape from Ed Schmid Ford for the Fire Department, to be billed to Account# 661-977, Vehicle and Equipment Fund, as submitted by DPW Director.

K. Approved the Contract with Liquiforce Services USA, Inc., to repair a section of sewer along Stratford and authorized the Mayor and City Clerk to sign Contract, as submitted by DPW Director

L. Approved the Contract with OLHSA/CSO for Community Development Block Grant Program covering the period of July 1, 2006 through

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

M. Approved the bills, payrolls (as certified by City Manager) to be paid subject to review by the Council Finance Committee.

Councilman Lennon returned to Council Chambers at 8:16 p.m.

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

NAYS: None

MOTION CARRIED

Regular Agenda

A. Appointment to the Arts and Cultural Commission

372. Moved by Councilwoman Gumbleton, seconded by Councilman Covey, to appoint Francine Hachem, 355 West Troy, to the Arts and Cultural Commission to fill the vacant term through December 31, 2007.

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

NAYS: None

MOTION CARRIED

B. Consideration of adoption of Resolution opposing the November, 2006 Ballot Proposal to Ban Affirmative Action in the State of Michigan

373. Moved by Councilman Galloway, supported unanimously, to adopt the Resolution opposing the November, 2006 Ballot Proposal to Ban Affirmative Action in the State of Michigan.

ADOPTED UNANIMOUSLY

C. Consideration of Interim City Manager’s compensation and benefits

374. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the making of the offer to the Interim City Manager as outlined in the Employment Agreement as drafted by the City Attorney, authorizing the Mayor and City Clerk to sign it with the change in Paragraph 7, to indicate that the housing allowance would be in the amount not-to-exceed $900.00 a month and indicating in Paragraph 2, that the term of the Agreement shall commence on August 1, 2006.

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

NAYS: None

MOTION CARRIED

D. Consideration of contracting with a search firm for City Manager position

375. Moved by Councilman Galloway, seconded by Councilman Covey, to approve Bennett Yarger Associates as the search firm to assist the Ferndale City Council in recruiting a City Manager, and authorize the Mayor and City Clerk to enter into a Contract with them, terms spelled out in the proposal, contingent upon City Attorney’s review of the Contract.

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

NAYS: None

MOTION CARRIED

E. Consideration of SunTel Services Contract

376. Council took no action on this Agenda Item.

F. Consideration of adoption of Ordinance No. 1011, which amends Chapter 18, to add Article VIII, Hybrid-High Mileage Vehicle Parking to the Ferndale Code of Ordinances

377. Moved by Councilman Galloway, seconded by Councilman Covey, to adopt the Hybrid-High Mileage Vehicle Parking Ordinance with the following changes: that it be available to both residents and non-residents, with non-residents paying a $25.00 a year fee; that the start date for the Ordinance be September 1, 2006; that the City Assessor/Treasurer, rather than the City Clerk, administer the annual permit program; that the City Council at their first Regular Meeting in August, 2006, adopt a list of vehicles that would be approved, and that application for the permit be available on the Internet one week prior to the start date of September 1, 2006, as well as being available at the City Assessor/Treasurer’s Office.

AMENDMENT

Moved by Councilman Galloway, seconded by Councilman Covey, that the Ordinance be reviewed after one year in August, 2007, and that the permit is only for vehicles with four wheels.

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

NAYS: Councilman Lennon

AMENDMENT TO THE MOTION CARRIED

MAIN MOTION NOW READS:

Moved by Councilman Galloway, seconded by Councilman Covey, to adopt the Hybrid-High Mileage Vehicle Parking Ordinance with the following changes: that it be available to both residents and non-residents, with non-residents paying a $25.00 a year fee; that the start date for the Ordinance be September 1, 2006; that the City Assessor/Treasurer, rather than the City Clerk, administer the annual permit program; that the City Council at their first Regular Meeting in August, 2006, adopt a list of vehicles that would be approved; that application for the permit be available on the Internet one week prior to the start date of September 1, 2006, as well as being available at the City Assessor/Treasurer’s Office; that the Ordinance be reviewed after one year in August, 2007, and that the permit is only for vehicles with four wheels.

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

NAYS: Councilman Lennon

MOTION CARRIED

Councilwoman Gumbleton left Council Chambers at 8:39 p.m.

Councilwoman Gumbleton returned to Council Chambers at 8:39 p.m.

G. Consideration of adoption of Ordinance No. 1012, which amends Chapter 9, Fire Prevention and Protection, Article I, in General, Section 9-3, Reimbursement for Hazardous Materials Incidents and Incendiary Fires of the Ferndale Code of Ordinances, and adoption of Fee Schedule

Mayor Porter left Council Chambers at 8:41 p.m.

Mayor Pro Tem Lennon assumed the Chair.

Mayor Porter returned to Council Chambers at 8:44 p.m.

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

Councilman Covey returned to Council Chambers at 9:02 p.m.

378. Moved by Councilman Lennon, seconded by Councilman Covey, to consider the adoption of Ordinance No. 1012, which amends Chapter 9, Fire Prevention and Protection, Article I, in General, Section 9-3, Reimbursement for Hazardous Materials Incidents and Incendiary Fires, of the Ferndale Code of Ordinances, and adoption of the Fee Schedule with the provision that a paragraph regarding hardship cases be added to the paperwork the Fire Department dispenses to individuals that are going to be billed for our services.

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

NAYS: None

MOTION CARRIED

H. Consideration of renovation of Water Booster Station under Phase I of the City’s three-phase Water Distribution Improvement Program

379. Moved by Councilman Galloway, seconded by Councilman Covey, that the low bid of $1,829,000.00 from Pipe Systems, Inc., to renovate the Booster Station under Phase I of the City’s three-phase Water Distribution Improvement Program be accepted; and that the expense be charged to the Water & Sewer Capital Account# 592-977.

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

NAYS: None

MOTION CARRIED

I. Consideration of Allen Water Main Replacement under Phase I of the City’s three-phase Water Distribution Improvement Program

380. Moved by Councilman Galloway, seconded by Councilman Covey, that the low bid of $764,525.00 of CNP Construction Company to replace 4,450 feet of six-inch water main on Allen between Eight Mile Road and Albany under Phase I of the City’s three-phase $7,000,000.00 Water Distribution Improvement Program be accepted; and that expense be charged to the Water & Sewer Fund, Capital Account# 592-977.

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

NAYS: None

MOTION CARRIED

J. Clarification of Fire Chief’s pay and benefit schedule

381. Moved by Councilman Covey, seconded by Councilman Galloway, in order to clarify the Fire Chief’s pay and benefit schedule and to align it with the City vehicle practices, discontinue the Fire Chief’s $100.00 per month commuting vehicle allowance, and add the $100.00 per month to the Fire Chief’s base pay, with the understanding that he uses his own vehicle to commute back and forth from home to work.

Councilman Galloway announced he wished to make some comments publicly. He indicated that Council is the policy making body for the City and this item was an example of a staff member who didn’t agree with Council’s previous decision and thwarted its implementation. Councilman Galloway expressed that that if this happened again, he believed there should be consequences. Councilman Lennon concurred with this position.

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

NAYS: None

MOTION CARRIED

K. Consideration of Special Event Application for Pet Expo and related requests

Councilman Lennon disclosed to City Council that he and Milt Wilcox were friends. Councilman Covey also disclosed to City Council that W.A.G.S., an agency he works for, wanted to be part of the Pet Expo.

382. Moved by Councilman Lennon, seconded by Councilman Covey, to approve the Special Event Application for the Pet Expo and all other related requests that are contained within that document.

Mayor Porter inquired if any Council Member had any reasons as to why Council Members Covey and Lennon should not vote on this matter. No Council Member objected to Councilmen Covey and Lennon voting on this Item.

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

NAYS: None

MOTION CARRIED

L. Consideration of adoption of Resolution renaming the Ferndale Police Station to the Patrick Sullivan Law Enforcement Building

Councilwoman Gumbleton left Council Chambers at 9:35 p.m.

Councilwoman Gumbleton returned to Council Chambers at 9:37 p.m.

383. Moved by Councilman Lennon, seconded by Councilman Covey, to adopt the Resolution renaming the Ferndale Police Station to the Patrick Sullivan Law Enforcement Building.

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

NAYS: Councilman Galloway

MOTION CARRIED

Call to Council

384. Police Chief Kitchen requested City Council’s approval for the Fraternal Order of Police to sell beer during the Woodward Dream Cruise from a beer tent to be located in the 43rd District Court parking lot.

385. Moved by Councilman Covey, seconded by Councilman Lennon, to adopt the Resolution and materials relating to outdoor beer and liquor project, as included in the materials for the Fraternal Order of Police during Dream Cruise weekend.

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

NAYS: None

MOTION CARRIED

Police Chief Kitchen wished City Manager Barwin good luck in his new position and presented him with a gift from the Police Department.

386. Fire Chief Schmidt complimented City Manager Barwin on the achievement of the contract with Royal Oak Township and wished him all the best in his future endeavors. He noted that a gift from the Fire Department would be forthcoming.

387. Deputy City Clerk Szalma announced there would be a Primary Election on Tuesday, August 8, 2006, and encouraged those who needed to know what their precinct was, to call the City Clerk’s Office prior to Election Day. She extended the City Clerk’s Office best wishes to City Manager Barwin.

388. City Attorney Christ extended his best wishes to City Manager and thanked him for his friendship and leadership.

389. Councilman Lennon read a letter received by Ms. Weber praising Rental Housing Inspector Scotty McLellan for his work. Councilman Lennon wished City Manager Barwin and his family well in Oak Park, Illinois.

390. Councilwoman Gumbleton, on behalf of State Representative Andy Meiser, extended her heartfelt appreciation to City Manager Barwin for his service. She thanked him for his vision and leadership and wished him well. Councilwoman Gumbleton and Councilman Covey presented gifts of appreciation to City Manager Barwin.

391. Councilman Galloway noted that City Manager Barwin was a leader who defined the times in which he lives and wished City Manager Barwin good luck.

392. Councilman Covey announced that the Pub Crawl would be held on July 28, 2006, which would benefit Midwest Aids Prevention Project, Ferndale Police Auxiliary and the Ferndale Foundation and encouraged people to attend. He thanked City Manager for all he has brought and done for the City of Ferndale.

393. Moved by Mayor Porter, supported unanimously, to adopt the Condolence Resolution for Mae Mason.

ADOPTED UNANIMOUSLY

394. Mayor Porter praised and thanked the City Manager for his expertise and many accomplishments and wished him well in his new position.

395. City Manager Barwin thanked everyone for their generous comments and gifts.

Mayor Porter adjourned the meeting at 10:14 p.m.

_________________________________

Robert G. Porter, Mayor

ATTEST:

____________________________________

Sharon Szalma, Deputy City Clerk

Acting Secretary