City Council - February 12, 2007

A Regular Meeting of the Ferndale City Council was held Monday, February 12, 2007, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:36 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.

62. Police Chief Kitchen introduced Ferndale’s newest Police Officer, Allison Shank.

PRESENTATION Ferndale Public Schools

63. Jessica Scott, Communications Specialist for Ferndale Public Schools, provided information on activities throughout Ferndale Public Schools.

PRESENTATION Hazel Park Public Schools

64. A representative from Hazel Park Public Schools was not present.

PRESENTATION Ferndale Youth Assistance

65. Gina Schoolcraft, Case Worker for Ferndale Youth Assistance, provided information on activities of Ferndale Youth Assistance and introduced Ken Seawell, who is the new Chairperson for the program.

PRESENTATION Oakland Livingston Human Service Agency

66. Janice Cross, Associate Director of Oakland Livingston Human Service Agency, South Office, provided information on activities of the agency.

67. Call to Audience

1. Sherry Wells, member of the Ferndale Historical Society, announced the Society had received a $750.00 grant for flowers and plants to be planted at the Historical Museum and volunteers would be needed for the plantings.

2. David Romas spoke in support of the Library Millage Proposal that would be on the May, 2007 Ballot and indicated information was available regarding the proposed millage on the Library section of the City’s website.

3. Dennis Augustson commented on a newspaper article regarding chimneas and burning pits allowance in Ferndale and expressed support in allowing them.

4. DDA Executive Director Cristina Sheppard-Decius welcomed City Manager Bruner to Ferndale, announced the upcoming Tour of the Town that would be held on March 9, 2007, and announced that the Ferndale DDA received certification from the Oakland County Community Main Street program for the second year.

5. Library Director Mary Trenner invited the public and Council to a meeting on February 22, 2007, at 6:00 p.m., at which time the Library architects would discuss ideas for possible building uses and changes to the facility.

Consent Agenda

68. It was the consensus of Council that Consent Agenda Item A, Minutes of the Special Meeting held January 22, 2007, only be considered after the Regular Agenda.

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

A. Approved the Minutes of the Regular Meeting held January 22, 2007, as submitted by Deputy City Clerk.

B. Approval of the bid to purchase in the amount of $7,055.00, plus shipping, for 10 lengths of five inch hose and 20 lengths of one and three quarter inch hose from Apollo Fire Equipment, to be billed to Account# 101-336-740, Operating Supplies, as submitted by Fire Chief.

C. Approved the changes to the Fiscal Year Ending June 30, 2007 Budget and to authorize the interim adjustments, as submitted by Assistant City Manager.

D. Approved the bills, payrolls (as certified by Assistant 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 Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

Regular Agenda

69. Mayor Porter requested that an Agenda Item be added to the Council Agenda, which was an Appointment of the Plan Commission Liaison to the Board of Zoning Appeals. No Council Member indicated objection.

Moved by Councilman Lennon, seconded by Councilman Covey, to approve the appointment of Chris Mourgelas as the Plan Commission Liaison to the Board of Zoning Appeals and henceforth that Council does not need to approve the Plan Commission’s decision for its liaison to the Board of Zoning Appeals Board.

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

NAYS: None

MOTION CARRIED

A. Appointment to the Civil Service Board

70. Moved by Councilman Lennon, seconded by Councilman Covey, to appoint Joseph Swiercz, 1117 Emwill, to the Civil Service Board for a term ending December 31, 2010.

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

NAYS: Councilman Galloway

MOTION CARRIED

B. Consideration of Library Employee Leasing Services Agreement

71. Moved by Councilman Covey, seconded by Councilman Galloway to adopt the Library Employee Leasing Services Agreement between the City of Ferndale and the Board of Directors of the Ferndale Public Library, as stated in the document with the corrected dates when relevant.

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

NAYS: None

MOTION CARRIED

C. Consideration of 401K Contribution for Police Chief

72. Moved by Councilman Lennon, seconded by Councilman Galloway, to table this item indefinitely until any determination of particular packages or adjustments in 401K contributions can be made.

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

NAYS: None

MOTION CARRIED

D. Consideration of filling Police Officer position

73. Moved by Councilman Covey, seconded by Councilman Lennon, that the City Council authorize the Police Chief to fill the Police Officer position that was requested.

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

NAYS: None

MOTION CARRIED

Mayor Porter explained his affirmative vote by explaining that Council made the correct decision and it would save the City of Ferndale money in the future.

E. Consideration of architectural services for expansion of the Kulick Community Center

74. Moved by Councilman Covey, seconded by Councilman Galloway, to authorize the City to enter into an agreement with TMP Associates, to provide architectural services for expansion of the Kulick Community Center described in their Services/Fee Proposal in the amount of $27,500.00, plus reimbursables, based on an approximate construction cost of $350,000.00 and authorization for the City to sign.

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

NAYS: None

MOTION CARRIED

F. Consideration of Special Event Application by Ancient Order of Hibernians for St. Patrick’s Day Parade

75. Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to approve the Special Event and Parade applications from The Ancient Order of Hibernians for the Oakland County St. Patrick’s Day Parade, to be held on Saturday, March 10, 2007, from 11:00 a.m. to 1:00 p.m., beginning at St. James Church, proceeding north on the southbound lanes of Woodward Avenue to Nine Mile Road and west on Nine Mile Road to Livernois and to approve the associated materials and the recommendations of the Special Event Committee.

Councilman Lennon disclosed that he was Past President and current member of
The Ancient Order of Hibernians. No Council Member indicated objection to Councilman Lennon voting on this issue.

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

NAYS: None

MOTION CARRIED

Councilman Covey left Council Chambers at 8:58 p.m.

G. Consideration of adoption of Ordinance No. 1020, an Ordinance to repeal Ordinance 981, Chapter 11, Library, Article I, Section 11-1 and Article II, Sections 11-16 through 11-25 of the Ferndale Code of Ordinances

76. Moved by Councilman Galloway, seconded by Councilman Lennon, to adopt Ordinance No. 1020, an Ordinance to repeal Ordinance 981, Chapter 11, Library, Article I, Section 11-1 and Article II, Sections 11-16 through 11-25 of the Ferndale Code of Ordinances.

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

NAYS: None

ABSENT: Councilman Covey

MOTION CARRIED

H. Consideration of adoption of Ordinance No. 1021, which amends Section 5.12 of Zoning Ordinance No. 1004, regarding Drive-through Establishments

77. Moved by Councilman Galloway, seconded by Councilman Lennon, to adopt Ordinance No. 1021, which amends Section 5.12 of Zoning Ordinance No. 1004, regarding Drive-through Establishments.

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

NAYS: None

ABSENT: Councilman Covey

MOTION CARRIED

Councilman Covey returned to Council Chambers at 9:08 p.m.

Councilman Lennon left Council Chambers at 9:08 p.m.

I. Consideration of adoption of Ordinance No. 1022, which amends Chapter 7, Article VI, of the Ferndale Code of Ordinances regarding Business Registration

78. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to adopt Ordinance No. 1022, which amends Chapter 7, Article VI, of the Ferndale Code of Ordinances regarding Business Registration.

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

NAYS: None

ABSENT: Councilman Lennon

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 9:10 p.m.

J. Consideration of adoption of Ordinance No. 1023, which amends Chapter 7, Article XII, Section 7-282 and 7-283 of the Ferndale Code of Ordinances regarding handbills

79. Moved by Councilman Galloway, seconded by Councilman Covey, to adopt Ordinance No. 1023, which amends Chapter 7, Article XII, Section 7-282 and 7-283 of the Ferndale Code of Ordinances regarding handbills.

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

NAYS: None

MOTION CARRIED

K. Consideration of proposed ALS Treatment-No Transport fee

80. Moved by Councilman Lennon, seconded by Councilman Covey, to amend the Fire Department Fee Schedule to include a $150.00 fee for "ALS Treatment – No Transport" when an advanced life support procedure is administered and the patient refuses (signs off) transport to the hospital.

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

NAYS: None

MOTION CARRIED

Consent Agenda Item A- Approval of the Minutes of the Special Meeting held

January 22, 2007, as submitted by Deputy City Clerk.

81. Moved by Councilman Galloway, seconded by Councilman Covey, to table the Minutes of the Special Meeting held January 22, 2007 for revisions.

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

NAYS: None

MOTION CARRIED

Call to Council

82. Police Chief Kitchen provided Council with a Block Club Network pamphlet and indicated that Sergeant Brown would be the Police Department’s contact for anyone interested in creating a Block Club.

83. Fire Chief Schmidt commended the Firefighters that attended the funeral of a Detroit Fireman.

84. Mayor Porter commended Deputy City Clerk Szalma on her efforts and initiatives in the City Clerk’s Office.

85. City Manager Bruner thanked Finance Director/Assistant City Manager Hubanks, the Administrative Assistant and City Staff for making his first day on the job go well and that he was looking forward to meeting staff and people in the Community.

86. Councilman Lennon announced that the Memorial Association would now be responsible for "Brick for a Veteran" program. He reminded everyone that it was the property owner’s responsilbility to keep their sidewalk clear of snow and expressed his condolences to L. Brooks Patterson on the death of his son.

87. Councilman Covey commented on commercial signs on public property; announced the Blues Festival report would be presented in the near future; welcomed new City Manager Bruner and requested of him to research the situation regarding the cell tower in the downtown area not having a flag or a light.

88. Councilwoman Gumbleton commented on IRV voting, indicated she would contact the Beautification Commission regarding the Historical Society garden and praised the on-line Library service.

89. Councilman Galloway welcomed City Manager Bruner and indicated there was going to be a Boys and Girls Club Walk for the Future.

90. Mayor Porter distributed a memo regarding Proposal for Facilitating Goal-Setting Session; remarked on the Governor’s proposal of incentives for community shared services; announced the Root Program which dealt with replacing lost trees and requested everyone to be considerate and keep their sidewalks clear.

Mayor Porter adjourned the meeting at 9:37 p.m.

_________________________________

Robert G. Porter, Mayor

ATTEST:

____________________________________

Sharon Szalma, Deputy City Clerk