City Council - September 11, 2006

A Regular Meeting of the Ferndale City Council was held Monday, September 11, 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.

PROCLAMATION The International Day of Peace

September 21, 2006

429. Mayor Porter proclaimed September 21, 2006, as The International Day of Peace in the City of Ferndale.

430. Mayor Porter requested that an Agenda Item be added to the Council Agenda, which was a presentation by Councilman Covey of proceeds from the Pub Crawl. No Council Member indicated objection. Councilman Covey presented checks in the amount of $3,000.00 to the Ferndale Community Foundation and $3,000.00 to the Ferndale Police Auxiliary.

PRESENTATION Ferndale Public Schools

431. Stephanie Hall, Director of Community Relations for Ferndale Public Schools, introduced Jessica Scott, the Communication Specialist for Ferndale Public Schools, and they both provided information on activities throughout Ferndale Public Schools.

PRESENTATION Hazel Park Public Schools

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

PUBLIC HEARING Alley Vacating between 157-185 West Cambourne and 244-286 West Breckenridge

433. Mayor Porter opened the Public Hearing at 7:52 p.m., regarding the alley vacating between 157-185 West Cambourne and 244-286 West Breckenridge. Dan Manville indicated support for the alley vacating. Mayor Porter closed the Public Hearing at 7:53 p.m.

Councilman Covey indicated he would abstain from voting, as this alley ran parallel to his property.

A. Consideration of Resolution approving Alley Vacating

Moved by Councilman Galloway, seconded by Councilman Lennon, to adopt the Resolution prepared by the CDS Director that is attached to Council’s

September 5, 2006 Memo.

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

NAYS: None

ABSTAIN: Councilman Covey

MOTION CARRIED

PUBLIC HEARING Application of Industrial Facilities Tax Exemption Certificate requested by Progressive Metal Manufacturing Co., for the property at Sidwell No. 24-25-35-327-013, commonly known as 1200 Channing, Sidwell No. 24-25-35-328-011, commonly known as 1300 Channing, and Sidwell No. 24-25-35- 328-010, commonly known as 1460 Channing

434. Mayor Porter opened the Public Hearing regarding the Application for Industrial Facilities Tax Exemption Certificate requested by Progressive Metal Manufacturing Co., at 7:56 p.m. David LaPorte, Vice President of Finance for Progressive Metal, Christine Roeder, representing the Michigan Economic Development Corporation and Therese Still, representing Oakland County Economic Development Group, indicated support. Mayor Porter closed the Public Hearing at 7:59 p.m.

Moved by Councilman Lennon, seconded by Councilman Galloway, to table this Public Hearing until after Agenda Item# 8 (Public Hearing for an Application for Industrial Facilities Tax Exemption Certificate requested by Garden Fresh Salsa Co., Inc., for the property located at Sidwell No. 24-25-35-103-032, commonly known as 1501-1503 Bonner, and Sidwell No. 24-25-35-103-033, commonly known as 1505 Bonner).

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

NAYS: None

MOTION CARRIED

A. Consideration of Resolution granting Application for Industrial Facilities Tax Exemption Certificate

Council took no action on this Agenda Item at this time, as the Public Hearing was tabled until after the next Agenda Item.

PUBLIC HEARING Application for Industrial Facilities Tax Exemption Certificate requested by Garden Fresh Salsa Co., Inc., for the property located at Sidwell No. 24-25-35-103-032, commonly known as 1501-1503 Bonner, and Sidwell No. 24-25-35-103-033, commonly known as 1505 Bonner

435. Mayor Porter opened the Public Hearing regarding the Application for Industrial Facilities Tax Exemption Certificate requested by Garden Fresh Salsa Co., at 8:20 p.m. Anthony LaTell, Chief Operating Officer for Garden Fresh Salsa, Therese Still, representing Oakland County Economic Development Group and Christine Roeder, representing the Michigan Economic Development Corporation, indicated support. Mayor Porter closed the Public Hearing at 8:23 p.m.

Councilman Lennon disclosed that he owned vending machines that were located at Garden Fresh Salsa. Councilman Covey disclosed that Garden Fresh Salsa had given monetary support to Midwest A.I.D.S. Prevention Project (M.A.P.P.). Mayor Porter inquired if any Council Member was uncomfortable in voting on this Agenda Item and/or if any Council Member objected to another Council Member voting on this item. No Council Member indicated they would not vote or objected to another Council Member voting on this issue.

A. Consideration of Resolution granting Application for Industrial Facilities Tax Exemption Certificate

Moved by Councilman Lennon, seconded by Councilman Galloway, to grant a 12 year Industrial Facilities Tax Exemption Certificate abatement to Garden Fresh Salsa, 1501-1503 and 1505 Bonner, per the adoption of the attached Resolution approving Industrial Facilities Tax Exemption Certificate after the Public Hearing was held and duly noted.

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

NAYS: None

MOTION CARRIED

PUBLIC HEARING Application of Industrial Facilities Tax Exemption Certificate requested by Progressive Metal Manufacturing Co., for the property at Sidwell No. 24-25-35-327-013, commonly known as 1200 Channing, Sidwell No. 24-25-35-328-011, commonly known as 1300 Channing, and Sidwell No. 24-25-35-328-010, commonly known as 1460 Channing

436. Mayor Porter resumed the Public Hearing regarding Application for Industrial Facilities Tax Exemption Certificate requested by Progressive Metal Manufacturing Co., at 8:27 p.m.

A. Consideration of Resolution granting Application for Industrial Facilities Tax Exemption Certificate

Moved by Councilman Lennon, seconded by Councilman Covey, to table Agenda Item# 7, regarding the Tax Abatement for Progressive Metal, 1200 Channing and 1300 Channing until the next Regular Council Meeting, until both parties from Progressive and Ferndale’s City Attorney can converse on this.

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

NAYS: None

MOTION CARRIED

Councilman Lennon left Council Chambers at 8:43 p.m.

Councilman Galloway left Council Chambers at 8:45 p.m.

Councilman Galloway returned to Council Chambers at 8:45 p.m.

437. Call to Audience

1. Ed Burns, President of Friends of the Library, provided information on activities of the Ferndale Library.

Councilman Lennon returned to Council Chambers at 8:45 p.m.

Consent Agenda

438. Moved by Councilman Galloway, seconded by Councilman Lennon, to approve the Consent Agenda, as submitted.

A. Approved the purchase of DSSAU-32 Channel DSS Investigator Recording System from DSS Corporation in the amount of $22,900.00, with funds to come from Drug Forfeiture Account# 265-740, as submitted by Police Chief.

B. Approved Contract with Michigan Pay-Tel for six years, to supply cellblock telephones at the Police Department and authorized the Police Chief to sign Contract, as submitted by Police Chief.

C. Approved the scheduling of a Public Hearing on Monday,

September 25, 2006, at 7:30 p.m., regarding the removal of the parking restriction on the south side of Jewell, between the Woodward Alley and Hilton, as submitted by Police Chief.

D. Approved tabling the Minutes of the Special Meetings held May 1 and

August 14, 2006, and the Regular Meetings held July 24 and August 14, 2006, as submitted by City Clerk.

E. Approved awarding in the amount of $4,951.31, Beautification Segment of the Community Development Block Grant (CDBG) Program Year 2006 to Sherman Nursery Farms; approved the Contract, and authorized the Mayor and City Clerk to sign the Contract, as submitted by CDS Director.

F. Approved the bills, payrolls (as certified by Interim 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 left Council Chambers at 8:48 p.m.

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

NAYS: None

ABSENT: Councilman Covey

MOTION CARRIED

Councilman Covey returned to Council Chambers at 8:49 p.m.

Regular Agenda

A. Consideration of Contract and Fees with the Michigan Department of Transportation (MDOT) for lighting improvements to the Woodward/8 Mile Bridge

439. Moved by Councilman Galloway, seconded by Councilman Covey, that Michigan Department of Transportation Contract No. 06-5244 for bridge-lighting improvements to the Woodward Avenue Bridge and Service Drive over Eight Mile Road be approved, and that the Mayor and City Clerk be authorized to sign said Contract.

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

NAYS: None

MOTION CARRIED

B. Consideration of payment authorization for emergency floor repairs to Fire Station No. 2 apparatus floor

440. Moved by Councilman Galloway, seconded by Councilman Covey, that the expense of $3,200.00, for repairing a section of the concrete apparatus floor of Fire Station No. 2 be approved and charged to the Fire Department Repair and Maintenance, Account# 101-336-775.

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

NAYS: None

MOTION CARRIED

C. Consideration of adoption of Ordinance No. 1015, which amends Chapter 3, Alcoholic Beverages, Article II, Vendors for consumption on premises, Section 3-19 to the Ferndale Code of Ordinances.

Mayor Porter left Council Chambers at 8:59 p.m.

Mayor Pro Tem Lennon assumed the Chair.

Councilwoman Gumbleton left Council Chambers at 8:59 p.m.

Mayor Porter returned to Council Chambers at 9:02 p.m.

441. Moved by Councilman Galloway, seconded by Councilman Covey, that Council adopt the revisions to Chapter 3, Section 19, of the Ferndale Code of Ordinances, presented to Council tonight, eliminating the requirement for a Bartender License.

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

NAYS: None

ABSENT: Councilwoman Gumbleton

MOTION CARRIED

Call to Council

442. Police Chief Kitchen thanked Councilman Covey for the check to the Police Auxiliary from the proceeds of the Pub Crawl.

Councilwoman Gumbleton returned to Council Chambers at 9:03 p.m.

443. Fire Chief Schmidt thanked Joe and Barbara Mahan for organizing the 9/11 Memorial Ceremony. He announced that he had received a warning from the City of Pontiac that a person posing as a Fire Inspector was conducting inspections and charging for them and announced that Fire Marshal Batten does not charge for his inspections. Mayor Porter announced that there was another scam involving people receiving a shut off notice from Detroit Edison or Consumers Energy.

444. Interim City Manager Renando commented on Council streamlining.

445. City Attorney Christ commented on the potential need for an ordinance regarding open burning and requested it be referred to the Ordinance Committee.

446. Councilman Lennon thanked Councilman Covey and the staff for a successful Pub Crawl. He thanked Joe and Barbara Mahan for organizing the 9/11 Memorial Ceremony. Councilman Lennon requested Interim City Manager Renando to research outside school districts reserving parks and sports fields.

447. Councilwoman Gumbleton announced that the Art and Public Places Planning Committee would like to make a presentation at a Special Council Meeting the week of Monday, October 16, 2006.

448. Councilman Covey requested that the street lights on Withington be addressed in the near future. He announced that the David A. Lennon Foundation would have their annual Golf Outing on September 30, 2006, and wished Councilman Lennon and Nancy Lennon a Happy Birthday. Councilman Covey thanked volunteers who worked the Pub Crawl for a successful event. He also announced that the Annual A.I.D.S. Walk would be held September 17, 2006, in Royal Oak and that M.A.P.P. would hold a fundraiser on Wednesday, September 20, 2006, at the Monkey Bar to raise money for W.A.G.S., and encouraged people to bring their pets to the event. Councilman Covey indicated that the Hometown Festival would be on Saturday, October 7, 2006, that is sponsored by the Ferndale Community Foundation and the Recreation at the Ferndale Activities Center. He also commented on an article about Ferndale by Detroit Free Press writer Brian Dickerson.

449. Moved by Councilman Lennon, seconded by Councilman Galloway, to approve the Special Event, Hometown Festival, for Saturday, October 7, 2006, contingent upon the co-sponsors, Ferndale Community Foundation and Ferndale Recreation Department, to get the proper liquor license, insurance, naming the City of Ferndale as an additional insured, and approval of the Special Event Committee.

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

NAYS: None

ABSTAIN: Councilman Covey

MOTION CARRIED

450. Councilman Galloway thanked the Ferndale Fire Department for their help when a relative was in need of medical services and commented on the freedom enjoyed by Americans.

451. Mayor Porter commented on State Representatives and their positions on issues and AT&T trying to change the telecommunications law. He requested that Interim City Manager Renando research large recreational vehicles parking in residential driveways. Mayor Porter congratulated Paramount Bank on their opening. Mayor Porter thanked Firefighter Patrick Sheehan for his volunteering during the Woodward Dream Cruise.

452. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the $2,500.00 Membership Fee to the Great Lakes and St. Lawrence Cities Initiative to be paid through the Water and Sewer Fund.

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

NAYS: None

MOTION CARRIED

Mayor Porter adjourned the meeting at 9:35 p.m.

_________________________________

Robert G. Porter, Mayor

ATTEST:

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Karen Pedro, City Clerk