City Council - May 29, 2007

A Regular Meeting of the Ferndale City Council was held Tuesday, May 29, 2007, 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, Lennon; Mayor Porter. Absent: Councilwoman Gumbleton.

256. Moved by Councilman Lennon, seconded by Councilman Covey, to adopt the following Resolution:

Section 10 of Chapter III of the Charter of the City of Ferndale, Oakland County, Michigan provides that absence from five consecutive Regular meetings of the City Council shall automatically operate to vacate the seat of the member of the Council unless the absence is excused by Resolution setting forth such excuse and entered upon the journal; and

Councilwoman Gumbleton had cause for her absence from the Regular Council Meeting of May 29, 2007.

THEREFORE BE IT RESOLVED that Councilwoman Gumbleton be excused from the Regular Council Meeting of May 29, 2007, for the reasons stated above, as provided by Section 10 of Chapter III of the City Charter.

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

NAYS: None

ABSENT: Council Member Gumbleton

MOTION CARRIED

Mayor Porter requested that an item be brought before Council that was not on the Agenda. No member from Council objected.

257. Moved by Councilman Covey, seconded by Councilman Galloway, to allow free parking during the Trunk - n - Treasure Sale on Saturday, June 2, 2007, 8:00 a.m. to 4:00 p.m. at the City Hall and Library Parking Lots.

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

NAYS: None

ABSENT: Council Member Gumbleton

MOTION CARRIED

PRESENTATION Ferndale Chamber of Commerce

258. Maile Ilac Boeder, Executive Director and President of Ferndale Chamber of Commerce, provided information on activities of the Chamber.

PUBLIC HEARING Principal Shopping District

259. Cristina Sheppard-Decius, of the Downtown Development Authority, introduced Melanie Piana, who is the Chairperson for the Economic Restructuring Committee, and both explained what a Principal Shopping District is. Michael Ainsley, owner of Buffalo Wild Wings, provided background information regarding the Principal Shopping District. Mayor Porter opened the Public Hearing at 8:10 p.m. With no one coming forward, Mayor Porter closed the Public Hearing at 8:10 p.m.

Councilman Lennon left Council Chambers at 8:20 p.m.

Councilman Lennon returned to Council Chambers at 8:24 p.m.

Councilman Covey left Council Chambers at 8:40 p.m.

Councilman Covey returned to Council Chambers at 8:41 p.m.

Moved by Councilman Covey, seconded by Councilman Lennon, to schedule a Public Hearing regarding the Principal Shopping District for Monday, June 11, 2007, at 7:30 p.m.

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

NAYS: None

ABSENT: Council Member Gumbleton

MOTION CARRIED

260. Call to Audience

1. Kay Watson inquired when sidewalk construction would be completed.

2. Nancy Goedert inquired about the safety of cell phone towers.

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

Councilman Lennon left Council Chambers at 8:48 p.m.

3. Bridget Deegan-Krause thanked those that helped with the passage of the Library Millage at the May 8, 2007 Election.

Consent Agenda

261. It was the consensus of Council that Consent Agenda Items 6A (May 14, 2007 Regular Minutes only), 6E and 6F be considered after the Regular Agenda.

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

A. Approved the Minutes of the Special Meetings held May 1, and May 3, 2007, as submitted by Deputy City Clerk.

B. Adopted the Resolution recognizing June, 2007, as Gay Pride Month, as submitted by Councilman Covey.

C. Approved the Special Event Application for Oak Park Community Church for a Community Block Party to be held on Saturday, June 23, 2007, as submitted by Deputy City Clerk.

D. Approved the Special Event Application for Oak Park Community Church Sports Camp to be held on Monday, June 18 through Thursday, June 21, 2007, as submitted by Deputy City Clerk.

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

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

G. Approved the proposed Southwest Storage Yard Lease Agreement with W & D Landscaping and Plowing, Inc., as submitted by DPW Director.

H. Approved the scheduling of a Public Hearing to consider the amended Brownfield Plan for the redevelopment of the Fresard Dealership at the June 25, 2007 Council Meeting, as submitted by CDS Director.

I. Adopted the Preserve America Community Designation Resolution, as submitted by Ferndale Historical Society.

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

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

NAYS: None

ABSENT: Council Member Gumbleton

MOTION CARRIED

Regular Agenda

A. Discussion of City’s participation in CMN

Consent Agenda Item E- The City Manager be directed to evaluate Cable Department priorities, resource allocation, develop a community events policy, and make a recommendation to Council, as submitted by City Manager.

Councilman Galloway left Council Chambers at 8:55 p.m.

Councilman Galloway returned to Council Chambers at 8:57 p.m.

262. Moved by Councilman Lennon, seconded by Councilman Covey, to table both Regular Agenda Item A and Consent Agenda Item E to the next Regular Council Meeting to be held Monday, June 11, 2007.

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

NAYS: None

ABSENT: Council Member Gumbleton

MOTION CARRIED

B. Consideration of Uniform Video Service Local Franchise Resolution and Agreement with AT&T Michigan

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

Councilman Lennon returned to Council Chambers at 9:22 p.m.

263. Moved by Councilman Covey, seconded by Councilman Galloway, to accept the Uniform Video Service Local Franchise Resolution and Agreement with AT&T Michigan and to authorize the Mayor and Deputy City Clerk to sign the Agreement.

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

NAYS: None

ABSENT: Council Member Gumbleton

MOTION CARRIED

C. Consideration of Resolution regarding the impeachment of President Bush and Vice- President Cheney

Councilman Lennon left Council Chambers at 9:40 p.m.

Councilman Lennon returned to Council Chambers at 9:42 p.m.

264. Moved by Councilman Galloway, seconded by Councilman Covey to adopt the following Resolution:

WHEREAS, President George W. Bush and Vice President Richard Cheney have committed high crimes and misdemeanors as they have repeatedly and intentionally violated the United States Constitution and other laws of the United States, particularly the Foreign Intelligence Surveillance Act and the Torture Convention, which under Article VI of the Constitution is a treaty as part of the "supreme law of the land;" and

WHEREAS, George W. Bush and Richard Cheney have acted to strip Americans of their constitutional rights by ordering indefinite detentions of citizens, without access to legal counsel, without charge, and without opportunity to appear before a civil judicial officer to challenge the detention, based solely on the discretionary designation by the President of the United States that a citizen is an "enemy combatant," all in subversion of law; and

WHEREAS, George W. Bush and Richard Cheney have ordered and authorized the United States Attorney General to override judicial orders for the release of detainees under the United States Citizenship and Immigration Services (formerly INS) under their jurisdiction, even though the judicial officer after full hearing has determined that a detainee is held wrongfully by the government; and

WHEREAS, George W. Bush and Richard Cheney have ordered on at least thirty (30) occasions the National Security Agency to intercept and otherwise record international telephone and other signals and communications by American citizens without warrants from the Foreign Intelligence Surveillance Court of Review, duly constituted by Congress in 1978, and designated U. S. citizens as "enemy combatants," all in violation of constitutional guarantees of due process; and

WHEREAS, George W. Bush and Richard Cheney have admitted to willingly and repeatedly to have violated the Foreign Intelligence Surveillance Act and boasted that they would continue to do so, each violation constituting a felony; and

WHEREAS, George W. Bush and Richard Cheney have violated the United Nations Charter and other treaties prohibiting aggressive war by invading the sovereign nation of Iraq at great cost in lives, debt, and domestic security, without just cause or provocation, and has misled the United States Congress with deliberate or grossly, wantonly negligent falsehoods to obtain the Authorization for Use of Military Force Against Iraq Resolution (Public Law 93-102-1); and

WHEREAS, it is the uniform practice of the U. S. House of Representatives to receive petitions or resolutions from primary assemblies of the people.

BE IT RESOLVED that the Council of the City of Ferndale submits that the actions and admissions of President George W. Bush and Vice President Richard Cheney constitute ample grounds for their impeachment and trial, removal from office, and disqualification to hold and enjoy any offices of honor, trust, or profit under the United States.

BE IT FURTHER RESOLVED by the City of Ferndale, that we request our representative in the United States Congress submit this Resolution as a petition to be published in the U.S. Congressional Record and that he introduce Articles of Impeachment against the President and Vice President.

BE IT FURTHER RESOLVED the Clerk of the City of Ferndale is hereby instructed to certify to the Clerk of the House of Representatives, under the seal of the City of Ferndale, a copy of this resolution and its adoption by the Council, a copy shall be marked with the word "Petition" at the top and contain the authorizing signature of the City Clerk.

BE IT FURTHER RESOLVED that if the Resolution should pass that it be distributed to the entire Michigan Federal Legislative Delegation and surrounding communities as well as our State Legislative representatives.

AYES: Council Members Galloway, Covey; Mayor Porter

NAYS: Council Member Lennon

ABSENT: Council Member Gumbleton

MOTION CARRIED

Consent Agenda Item A- Approval of the Minutes of the Regular Meeting held May 14, 2007, as submitted by Deputy City Clerk.

265. It was consensus of Council to table the Regular Meeting Minutes of May 14, 2007, to the next Regular Council Meeting to be held June 11, 2007.

Consent Agenda Item F- Approval of the Third Amendment Custodial Maintenance Contract with Majors Professional Services, Inc., to waive the contract bid process pursuant to the City’s Procurement Policy and to authorize the Mayor and Deputy City Clerk to sign said Contract, as submitted by DPW Director.

266. Moved by Councilman Galloway, seconded by Councilman Covey, pursuant to Paragraph 14 of the City of Ferndale Procurement Policy that Council waive the contract bid process and to note Council’s displeasure that so many contracts come up to bid with this request; approve the Third Amendment Custodial Maintenance Contract and authorize the Mayor and Deputy City Clerk to execute the Third Amendment and request RFPs for custodial services.

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

NAYS: None

ABSENT: Council Member Gumbleton

MOTION CARRIED

Call to Council

267. Moved by Councilman Lennon, seconded by Councilman Galloway, to authorize the Deputy City Clerk to amend the Resolution that Council passed at the May 14, 2007 Council Meeting regarding Anita Kitchen’s Liquor License to add the language that Anita’s Kitchen was approved at the proposed location "above all others".

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

NAYS: None

ABSENT: Council Member Gumbleton

MOTION CARRIED

268. Councilman Lennon thanked those who were involved with the Ferndale Memorial Day Parade.

269. Councilman Galloway thanked those who were involved with the Ferndale Memorial Day Parade.

270. Councilman Covey thanked those who were involved with the Ferndale Memorial Day Parade. He commented on the Resolution that Council passed regarding the impeachment of President Bush and Vice President Cheney and June as Gay Pride Month in Ferndale. Councilman Covey announced that the Pride Festival would be this weekend in Downtown Ferndale. He inquired if the Tree Advisory Board had met yet. Councilman Covey also announced that Friday, June 1, 2007, was the Annual Dine-Out Detroit fund-raiser that M.A.P.P. sponsors to raise funds for HIV/AIDS prevention. He requested that Council work with Judge Longo to make needed improvements to the Courthouse. Councilman Covey announced that he would be running for the Office of Mayor during the November, 2007 Election.

271. Mayor Porter commented and thanked those who were involved with the Ferndale Memorial Day Parade.

Mayor Porter adjourned the meeting at 10:24 p.m.

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Robert G. Porter, Mayor

ATTEST:

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Sharon Szalma, Deputy City Clerk