City Council - October 22, 2007

FERNDALE CITY COUNCIL MEETING
Monday, October 22, 2007

A Regular Meeting of the Ferndale City Council was held Monday, October 22, 2007, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Pro Tem Lennon called the meeting to order at 7:32 p.m.

Mayor Pro Tem Lennon led the Pledge of Allegiance.

ROLL CALL:

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

Absent: Mayor Porter.

XXX. Moved by Councilman Covey, seconded by Councilman Galloway, to excuse the absence of Mayor Porter.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon

NAYS: None

MOTION CARRIED

PRESENTATION Resolution Commemorating 90th Birthday

XXX. Moved by Mayor Pro Tem Lennon, supported unanimously, to adopt a resolution commemorating the 90th birthday of Ann Wilson.

ADOPTED UNANIMOUSLY

APPROVAL OF AGENDA

XXX. Moved by Councilman Covey, supported by Councilman Galloway, to approve the agenda as submitted.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon

NAYS: None

MOTION CARRIED

XXX. PRESENTATION Recognition of Election Inspectors

Mayor Pro Tem Lennon, on behalf of Oakland County Clerk Ruth Johnson, presented awards in recognition and appreciation of the dedication, hard work and devotion to the ideals of Democracy of Election Inspectors Rita Bennett, Joseph Bennett, Lauretta "Betty" Laframboise, and Morelle Earp, all of whom have served the City of Ferndale in its administration of the election process for more than 20 years.

XXX. PRESENTATION Benchmarking Assessment Study Update

John Boyle, of J.L.Boyle International, presented an executive summary of the updated benchmarking study, the purpose of which is to compare one City to another to determine the reasonableness of its operations in terms of staffing or other measurable parameters

XXX. PRESENTATION Ferndale Public Library

Interim Library Director Trenner presented a report on the recent and forthcoming activities of the Ferndale Public Library.

XXX. PRESENTATION Ferndale Chamber of Commerce

Maile Ilac Boeder presented a report on the recent and forthcoming activities of the Ferndale Chamber of Commerce.

PUBLIC HEARING Community Development Block Grant (CDBG) Programming for 2008

A. Consideration of CDBG Application and Subrecipient Agreement with Oakland County

Mayor Pro Tem Lennon opened the Public Hearing at 7:49 p.m., and, there being no comments, closed the Public Hearing at 7:50 p.m.

XXX. Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to approve the Community Development Block Grant application for Program Year 2008 with the breakdown as follows: Code Enforcement, $64,655; Public Service Activity (general), $9,000; Public Service Activity (Haven), $3,150; Beautification, $5,000; Minor Home Repair, $2,500; and Administration, $2,000, totaling $86,305, and to authorize the Mayor to sign the grant application and the subrecipient agreement, and to direct the City Clerk to forward a certified copy of the minutes of this Public Hearing and the October 8th meeting scheduling this Public Hearing to CDS before November 20th for submittal to the County.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon

NAYS: None

MOTION CARRIED

PUBLIC HEARING White Castle Special Land Use Permit

A. Consideration of Special Land Use Permit Resolution

Mayor Pro Tem Lennon opened the Public Hearing at 7:52 p.m.

A resident requested White Castle utilize a double drive-through window rather than a speaker board to eliminate noise issues and asked that the restaurant refuse service to cars with overly loud speakers to discourage noise.

The White Castle representative explained that, in response to requests made by residents at the Plan Commission meeting, the speaker board has been repositioned 24’ south and will not be oriented toward residences. Councilman Galloway noted that, in addition, White Castle will be closing off the entrance from Webster and utilizing a monument sign rather than a pole sign to increase aesthetics.

There being no further comments, Mayor Pro Tem Lennon closed the Public Hearing at 7:57 p.m.

XXX. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to adopt the Resolution approving the Special Land Use application for reconstructing the White Castle drive-through restaurant located at 21400 Woodward, including the conditions and Exhibits "A" and "B".

AYES: Council Members Covey, Galloway, Gumbleton, Lennon

NAYS: None

MOTION CARRIED

PUBLIC HEARING Special Assessment Roll for 2007 Sidewalk District

A. Consideration to receive and confirm Special Assessment Sidewalk District No. 2007, and that the special assessments be spread on the 2007 Winter Tax Roll, unless deferment is later allowed

Mayor Pro Tem Lennon opened the Public Hearing at 8:00 p.m.

Councilman Galloway, speaking as a resident, reported he has received an assessment for property he does not own and asked that City administration resolve the error.

There being no further comments, Mayor Pro Tem Lennon closed the Public Hearing at 8:01 p.m.

XXX. Moved by Councilman Covey, seconded by Councilman Galloway, that the Council receive and confirm the assessment roll for Special Assessment Sidewalk District No. 2007, and that the special assessments be spread on the 2007 winter tax roll unless deferment is later allowed.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon

NAYS: None

MOTION CARRIED

B. Consideration of deferment of Special Assessments and procedure for installments, as recommended by the Sidewalk Hardship Committee

Councilman Covey noted that the deferment allows qualifying property owners to spread payment over three years rather than one year.

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to accept deferment of assessments as recommended by the Sidewalk Hardship Committee for 594 W. Breckinridge, 475 Withington, 2305 Pinecrest and 419 W. Drayton.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon

NAYS: None

MOTION CARRIED

C. Consideration to add Sidewalk and Delinquent Accounts Receivable as Special Assessments to the Winter 2007 Tax Roll

XXX. Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to receive the attached listing of property addresses and amounts due, and authorize the Assessor/Treasurer to add those amounts to the December 2007 Tax Roll.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon

NAYS: None

MOTION CARRIED

XXX. CALL TO AUDIENCE

2. Kate Baker advocated the City place membership with Transportation Riders United (TRU) to remain engaged in transit planning. She commended Police services in Ferndale and voiced surety that the City and the Police Officers Union will be able to reach a contract agreement.

3. Sharon Chess reported she is the resident who contacted Councilman Covey regarding his use of Council meetings to promote his non-profit organization. Responding to Councilman Covey’s remarks at the October 8, 2007 Council meeting, she said she feels he misrepresented her comments. Ms. Chess is not unsupportive of any member of the Council supporting a non-profit organization, but rather feels that they are appropriately mentioned in the Council forum only when a special recognition or event is being planned. She expressed her belief that an elected official’s priority is to represent the people who elected them.

4. Earl Sparkman noted the Police Officers Union has worked without a signed contract for a number of years and encouraged City Council and Ferndale’s police officers to resolve their problems in order to maintain the City as it is and has been for a long time.

5. Kevin Ayers commented that the United States flag on Martin Road is being improperly flown, noting it should have proper lighting between sunset and sunrise and, because of its tattered condition, should be replaced. Mayor Pro Tem Lennon requested Mr. Ayers speak with DPW Director Photiades about retiring and replacing the flag.

6. Ann Serafin welcomed Walk the Line to Spinal Cord Recovery, a new business which opened on Woodward in Ferndale on October 8 and houses a rehab program focused on recovery.

7. Jerry Olli, representing the Elks Club, extended an invitation to the Southeast Oakland Coalition Youth Committee’s Dialogue Day at Ferndale Coolidge Intermediate School on November 2, 2007 at 8:00 a.m. Mr. Olli reported Coolidge Intermediate School has received a grant from the Elks National Foundation in the amount of over $9,000.00. Mr. Olli noted that the Bowl-a-Thon fundraiser for Ferndale Youth Assistance scheduled for Sunday, November 4, 2007 is still in need of sponsors and pledges

8. CDS Director Scheer reported the Porch Light Partnership among the City, Paramount Bank and Lighthouse Community Development has completed renovations on 1371 Camden. The house is now for sale for $115,000.000, assistance is available for a down payment and an Open House is being held on Sunday, October 28, 2007, 2:00 p.m. – 4:00 p.m. There will be free door prizes.

9. Tom Gagné passed along the community’s support of the Ferndale Police Department and asked City Council do what is necessary to resolve the contract dispute fairly.

10. Sharon Chess supported Council’s opposition to Mr. Wright’s public comments against a City employee.

11. Dennis Augustine supported the Police Department and encouraged the City to protect the police force.

Mayor Pro Tem Lennon left Council Chambers at 8:26 p.m., and Councilman Covey assumed the Chair.

CONSENT AGENDA

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

a. Approved the Minutes of the Special Meeting held October 1, 2007, and the Regular Meeting held October 8, 2007, as submitted by City Clerk.

B. Adopted Resolution proclaiming November, 2007, as National Family Caregivers Month, as submitted by City Clerk.

C. Recommended Approval of a New, Amended Small Wine Makers License for B. Nektar, LLC at 1505 Jarvis, Suite B, as submitted by Police Chief.

D. Approved purchase of a two year additional warranty extension for In-Car Video Cameras in Police Cars, as submitted by Police Chief.

E. Approved Emergency Apparatus repairs, as submitted by Fire Chief.

F. Approved Contract for Auxiliary Booster Station, as submitted by DPW Director.

G. Approved Invoice for Fabricated Leaf Box, as submitted by DPW Director.

H. Approved Contract to provide Financial Advisory Services on a Library Bond Sale by Stauder Barch, as submitted by Library Board.

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

AYES: Council Members Covey, Galloway, Gumbleton

NAYS: None

ABSENT: Mayor Pro Tem Lennon

MOTION CARRIED

Mayor Pro Tem returned to Council Chambers at 8:28 p.m.

Councilman Covey left Council Chambers at 8:32 p.m. and returned at 8:37 p.m.

REGULAR AGENDA

A. Consideration of Sign Appeal for Simply Storage

Moved by Councilman Galloway, seconded by Councilman Covey, to deny the Sign Appeal Application filed by Apex Signs on behalf of Simply Self Storage, located at 181 W. Marshall, as it does not meet the requirements of Ordinance 1026, Section 6-268 in that the applicant has not demonstrated practical difficulty or anything unique about the situation that would create an undue hardship or result in substantial injustice being levied.

AYES: Council Members Covey, Galloway, Gumbleton

NAYS: Mayor Pro Tem Lennon

MOTION CARRIED

B. Consideration of Congress of Cities Voting Delegates for the National League of Cities Annual Business Meeting

Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to appoint Councilman Galloway as the Voting Delegate and Councilwoman Gumbleton as the Alternate Voting Delegate for the NLC Annual Business Meeting to be held on November 17, 2007 at the conclusion of the Congress of Cities and Exposition in New Orleans.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon

NAYS: None

MOTION CARRIED

C. Consideration of Transportation Riders United (TRU) Membership

Moved by Councilman Galloway, seconded by Councilman Covey, to approve the City of Ferndale’s membership in Transportation Riders United at the Transit Champion Associate Level of $500 and to authorize the City Clerk to process the membership application.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon

NAYS: None

MOTION CARRIED

CALL TO COUNCIL

XXX. Police Chief Kitchen voiced appreciation of the supportive comments made tonight on behalf of the Police Department and noted that members of City Council have been consistently supportive of the Department. He noted the contract negotiations are a business matter which he believes will be settled imminently.

XXX. Fire Chief Schmidt commended private citizen Michael Carnell for rendering aid, at personal risk, to help a stranger who, on August 22, 2007 at the McDonald’s restaurant on Woodward Ave., had quit breathing.

XXX. City Clerk Tallman announced the deadline to file a Declaration of Intent to run as a write-in candidate in the November 6, 2007 election is Friday, October 26, 2007 at 4:00 p.m.

XXX. City Manager Bruner expressed appreciation for the Ferndale Police Department. He noted the contract negotiations with the Police Officers Union predate his tenure, that negotiations are often a time-consuming process, and that the current negotiations are now at the binding arbitration stage. City Manager Bruner explained that in the current economic environment, with the State of Michigan having cut Ferndale’s funding by over $1 million a year, City Council and administration has had to make difficult decisions in order to keep the budget balanced. He stressed that contract negotiations do not negate the City’s appreciation of the Police Department but reflect the commitment to continue to provide services to the City’s residents. City Manager Bruner expressed confidence that an agreement will be reached.

XXX. City Attorney Christ reported the Ordinance Committee has recently met and will be introducing several new ordinances in the coming weeks.

XXX. Councilwoman Gumbleton encouraged residents to vote in the November 6, 2007 election.

XXX. Councilman Galloway also encouraged residents to vote. He commended the increasing level of professionalism on City Boards and Commissions and on City Council and urged residents to show their appreciation by participating in the election process. Councilman Galloway requested that the nomination of Annette Dussia to the Beautification Committee be placed on the next Council agenda.

XXX. Councilman Covey noted that in local elections only an average of one in five registered voters vote. He commented that local leaders have more impact on an individual’s quality of life than State and Federal officials. Councilman Covey expressed appreciation for Ms. Chess’ comments and apologized for any misrepresentation. He noted the issue has become a campaign issue and as his honesty and reputation is important to him he has checked with City Attorney and made sure that he is not in conflict by mentioning non-profit organizations under Call to Council. Councilman Covey contended that, just as residents are allotted a portion of every Council meeting, under Call to Audience, to speak freely on any topic, Council is rightfully afforded that same opportunity. He noted that the November 6, 2007 election is the perfect time for residents to voice their opinions.

Councilman Covey reported the W. Maplehurst neighborhood has received the 2007 Beautification Block Award and a dedication ceremony will be held in the middle of the block on Saturday, October 27 at 10:00 a.m. Councilman Covey applauded the success of the Ferndale Community Center’s recent Fall Festival which drew 700 attendees. Councilman Covey reported that Ann Serafin, a longtime activist with the Ferndale Disability Commission would like to meet with the City Manager. Councilman Covey presented the City’s award from Hour Detroit as the Best Neighborhood Ready for Rediscovery.

XXX. Mayor Pro Tem Lennon asked that whoever is stealing his campaign signs please desist.

Mayor Pro Tem Lennon adjourned the meeting at 9 :09 p.m.