City Council - September 24, 2007

FERNDALE CITY COUNCIL MEETING

Monday, September 24, 2007

A Regular Meeting of the Ferndale City Council was held Monday, September 24, 2007, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:37 p.m.

Mayor Porter led the Pledge of Allegiance.

ROLL CALL:

Present: Council Members Covey, Galloway, Gumbleton, Lennon, Mayor Porter.

Absent: None.

XXX. APPROVAL OF AGENDA

There were no objections to the agenda as submitted.

Mayor Porter deviated from the agenda to present a resolution of condolence for Kevin B. Curtin.

XXX. Moved by Mayor Porter, supported unanimously, to adopt the Resolution of Condolence for Kevin B. Curtin.

ADOPTED UNANIMOUSLY

XXX. PRESENTATION 2007 Beautification Awards

Mayor Porter and Peggy Snow presented certificates for all 2007 Beautification Awards, including the September 2007 Beautification Awards for:

Remax Avenue, 22540 Woodward

Kathy Kosins, 571 West Lewiston

Ron and Cynthia Linn, 391 Fielding

Peggy Snow also presented the Zinnia Award to:

Brian McNamara, 1065 Albany

XXX. PRESENTATION Ferndale Public Library

Interim Library Director Trenner provided an update on Library news, programs and events.

XXX. PRESENTATION Ferndale Chamber of Commerce

Ferndale Chamber of Commerce Executive Director Mailè Ilac Boeder provided an update on the activities of the Ferndale Chamber.

XXX. CALL TO AUDIENCE

1. Carl Weiler registered displeasure that the programming on WFRN is not 100% produced by WFRN staff and encouraged viewers to contact the City Manager with their views.

2. Jerry Olli, announced the Bowl-a-Thon fundraiser for Ferndale Youth Assistance to be held Sunday, November 4, 2007, from 1:00 p.m. - 4:30 p.m. at Luxury Lanes.

3. Scott Wright reiterated claims that the contractor for the sidewalk replacement program, Gaglio Construction, has not been constructing the sidewalks to Code, and insinuated the City has not been responsive to the situation. He disputed the points made in the City Manager’s report, claiming that there has been no oversight by the City, and registered complaints about . Mr. Wright indicated he has contacted Fox 2 ProblemSolvers and plans to contact the State.

4. Kate Baker announced Citizens for a Fair Ferndale is hosting a Candidates’ Forum at AJ’s Café on Sunday, October 21, 2007, from 2:00 p.m. – 4:00 p.m., which will focus on questions from residents.

5. Patrick Sheehan, President of the Ferndale Firefighters Union, announced Fire Safety Week with the theme, Make a Safety Plan and Practice the Plan. He noted the Fire Department has a Safety Trailer available for demonstrations. Interested persons should contact Fire Station 1. Firefighter Sheehan also announced the Department’s Smoke Detector Program which offers a free smoke detector and installation for residents of Ferndale, Pleasant Ridge and Royal Oak Township who qualify.

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

CONSENT AGENDA

Councilman Galloway asked that Consent Agenda Item B be considered after the Regular Agenda.

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

a. Approved the Minutes of the Regular Meeting held September 10, 2007, as submitted by City Clerk.

B. REMOVED FROM THE CONSENT AGENDA TO BE CONSIDERED AT THE END OF THE REGULAR AGENDA

C. Adopted Resolution setting 2008 Business Registration fees, as submitted by City Clerk.

D. Approved Parade Permit for United Student Assembly of Ferndale High School for a parade to be held on October 6, 2007 at 11:30 a.m. on Nine Mile Road between Woodward Ave. and Pinecrest and along Pinecrest from Nine Mile Road to Ferndale High School, as submitted by City Clerk.

E. Approved purchase of a 2007 sewer ‘Vactor’ truck model 2115-824-18from Jack Doheny Supplies, Inc., for a cost of $324,625 and to charge the expense to the Water and Sewer Fund, Capital, account no. 592-977, as submitted by DPW Director.

F. Approved purchase of 11 GPS Fleet Management System units from, and entering into a GPS Service Agreement with, Owner’s Eye View, 14807 West McNichols, Detroit, and to charge the total first-year expense of $16,502 to the Vehicle and Equipment Fund, 661-000-977 ($10,826) and 661-000-775 ($5,676), as submitted by DPW Director.

G. Approved the Contract by and between C & P Construction Co. Inc. to replace the water main on West End Street from Eight Mile Road to Nine Mile Road, including street resurfacing, and the main on Nine Mile Road from Pinecrest to Republic Street, as submitted by DPW Director.

H. Reappointed Sara Schillinger to the Plan Commission for a three year term to expire December 31, 2010, as submitted by CDS Director.

I. Approval of the bills, payrolls as certified by City Manager to be paid subject to review by the Council Finance Committee.

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

NAYS: None

ABSENT: Council Member Covey

MOTION CARRIED

Councilman Covey returned to Council Chambers at 8:22 p.m.

Councilman Lennon left Council Chambers at 8:22 p.m. and returned at 8:24 p.m.

REGULAR AGENDA

A. Consideration of Petition to Vacate East Troy Street Right-of-way

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to adopt the Resolution vacating the City-owned right-of-way described as being 143 feet by 60 feet of the East-West Troy Street right-of-way, just west of Farrow, including maintaining all easement rights and directing the City Clerk to forward and record the Resolution.

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

NAYS: None

MOTION CARRIED

B. Consideration of Environmental Consultation Services

XXX. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to approve the Agreement for Environmental Consultation Services with NTH Consultants, Ltd. and authorize the Mayor and City Clerk to sign.

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

NAYS: None

MOTION CARRIED

CONSENT AGENDA (continued)

B. Consideration of Resolution Supporting Enhanced Gaming at the Hazel Park Raceway.

Councilman Galloway, noting his opinion that legalized gambling is a band aid not a solution to the lack of adequate funding provided for cities by Lansing, said he does not want to support legalized gambling.

XXX. Moved by Councilman Covey, seconded by Councilman Lennon, to adopt the Resolution supporting Enhanced Gaming at the Hazel Park Raceway.

AYES: Council Members Covey, Lennon, Mayor Porter

NAYS: Council Members Galloway, Gumbleton

MOTION CARRIED

CALL TO COUNCIL

XXX. City Clerk Tallman noted the Governor and Attorney General have officially approved the proposed Charter Amendments regarding sale of City property for the November ballot. She also noted that when Council adopted Ordinance No. 1011 amending Chapter 18, to add Article VIII, Hybrid-High Mileage Vehicle Parking, it was with the stipulation that the Ordinance be reviewed after one year. Therefore the Ordinance will be on the October 8, 2007 Council Agenda for review.

XXX. City Manager Bruner thanked those who came out to support the Ferndale Community Foundation’s local celebrity Chili Cook-Off and who stopped by to introduce themselves to him; and thanked his wife and the others who helped with the chili. He announced that Ferndale has been voted the Best Neighborhood Ready for Rediscovery by Detroit Home magazine readers in the 2nd Annual Best of the Good Life Readers Poll, and that Council is invited to a party honoring the winners on September 30. Addressing comments made by Mr. Wright regarding the Sidewalk Replacement Program, City Manager Bruner explained that the City put a great deal of time and energy into investigating the allegations and providing a detailed report on its findings. He commented that he appreciates Mr. Wright’s concerns but thinks they are perhaps exaggerated.

XXX. City Manager Bruner presented the request from J.S. Vig Construction for an extension of the License Agreement which was approved on September 10, 2007, to be effective September 22, 2007 through October 6, 2007. City Manager Bruner asked City Council to confirm the extended Agreement as executed on September 21, 2007 to allow the Licensee to lease 18 parking spaces in the municipal parking lot between Nine Mile and Troy. Council members made it clear that they are in favor of considering stronger penalties for petitioners who don’t follow proper procedure.

Moved by Councilman Lennon, supported by Councilman Covey, to confirm the License Agreement with J.S. Vig Construction of 16650 Racho, Taylor, Michigan, for the lease of 18 parking spaces in the Municipal Parking Lot located between Nine Mile and Troy for the parking and storage of construction materials and related equipment associated with Licensee’s construction project at 130 E. Nine Mile Road for the period from September 22, 2007 through October 6, 2007.

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

NAYS: None

MOTION CARRIED

XXX. Councilwoman Gumbleton asked that the appointment of Janelle Rogers to the Beautification Commission be placed on the next Council agenda. Councilwoman Gumbleton registered opposition to Senator Bishop’s proposed budget cuts which would cost Ferndale Schools $765,000 and would eliminate the State Statutory Revenue Sharing with which Ferndale pays for police and fire services. Councilwoman Gumbleton commended State Representative Andy Meisner for his willingness to compromise and noted that it is time for the State’s legislators on both sides to quit playing games and find a solution.

XXX. Mayor Porter also registered displeasure with Senator Bishop’s proposed cuts which constitute a $1.4 - $1.5 million loss in revenue for Ferndale. He asked how the State’s legislators think Michigan can recruit businesses to the State without properly funded schools and without infrastructure.

XXX. Councilman Galloway commended State Representative Meisner for trying to find middle ground rather than cutting school funding, and echoed the sentiment that the State’s legislators need to find a compromise. Addressing Mr. Wright’s comments, Councilman Galloway noted that citizen oversight is necessary for a functioning democracy and that some of Mr. Wright’s comments were welcomed, but noted it was inappropriate and out of order to publicly denigrate a longtime, valuable employee. Councilman Galloway announced the Boys and Girls Club of Southeast Oakland County is having a fundraiser on Saturday at the Red Run Country Club on Rochester Road in Royal Oak and more information is available at www.Boysandgirlsclubs.us. Councilman Galloway announced the Annual Crop Walk on October 7th, a fundraiser for church world services with is coordinated by a group of Ferndale churches. Councilman Galloway, noting that Ferndale was turned down for the Bicycle Friendly Community designation, stated his hopes that Council will continue to support efforts toward attaining that designation.

XXX. Councilman Lennon echoed the sentiments of other Council Members regarding the budget situation in Lansing. Councilman Lennon agreed that personal attacks on employees are inappropriate. Councilman Lennon reported he has received numerous calls regarding the unacceptable condition of three commercial buildings at the southeast corner of Marshall & Laprairie. Councilman Lennon noted he will be bringing forward suggested amendments to the Automatic Aid Agreement for Exchange of Fire Services Between the Cities of Ferndale, Hazel Park and Madison Heights which was approved by Council on September 10, 2007. Councilman Lennon extended his condolences to Curtin family.

XXX. Councilman Covey extended condolences to the Curtin family. Councilman Covey agreed that Mr. Wright’s attack on a City employee crossed the line and noted that Department Heads report to the City Manager who reports to Council, and it is Council’s responsibility to address issues through that chain of command. Councilman Covey asked the City Manager to meet with Mr. Wright. Councilman Covey announced the Fire Department was the winner of the Chili Cook-Off, which raised approximately $400 for the Ferndale Community Foundation. Councilman Covey commented on the success of the Art Fair. Councilman Covey reported that he and Mr. Gagné have agreed to run respectful, professional, clean campaigns and have asked their campaign workers to follow that lead. Councilman Covey noted he attended the Grand Opening of Snap Fitness and commended the Chamber of Commerce for their work. Councilman Covey encouraged Council Members to fill out their travel and reservation forms and get them to the City Clerk’s office for the National League of Cities conference in New Orleans. He noted Council’s procedure in the past has been that the registration of a Council Member who fails to be re-elected is transferred to the newly elected Council Member.

XXX. Mayor Porter reiterated Council’s position that personal attacks on individual employees are uncalled for, noting that although citizens have the right to free speech, some things are not right to say. He drew attention to the report prepared by the City that address the situation and noted the City will make sure the job is done correctly. Mayor Porter noted that even with forward strides in cleaner fuels and cleaner cars, vehicle miles traveled is increasing so there is still 2% more CO2 being emitted than before. He encouraged initiatives such as Walkable Communities and Bicycle Friendly Communities. Mayor Porter announced that on October 22, Oakland County is making flu shots available for $7.00 at Hazel Park High School. More information is available at www.oakgov.com/health. Mayor Porter reiterated Councilman Covey’s comments on the success of the Art Fair. Mayor Porter congratulated the DDA and all other parties who worked on the Porchlight Program, noting the progress in revitalizing homes to provide affordable housing.

XXX. Moved by Councilman Lennon, supported unanimously, to adopt the Resolution of Condolence for Sylvia Rose Kmiecik.

ADOPTED UNANIMOUSLY

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

Robert G. Porter, Mayor

J. Cherilynn Tallman, City Clerk

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The City of Ferndale, Michigan
300 East Nine Mile Road
Ferndale, Michigan  48220
(248) 546-2525