City Council - December 10, 2007

FERNDALE CITY COUNCIL MEETING

Monday, December 10, 2007

A Regular Meeting of the Ferndale City Council was held Monday, December 10, 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:

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

Absent: None.

APPROVAL OF AGENDA

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

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

XXX. Ferndale Goodfellows

Fire Chief Schmidt and Firefighter John Schwall, representing the Ferndale Goodfellows, made a short presentation to Ferndale resident and former police officer Jim Rentz for his years of service to the organization.

On behalf of the Lennon Foundation, Councilman Lennon presented a check in the amount of $500.00 to Ferndale Goodfellows for the "Let No Child Be Without a Christmas" program.

XXX. Ferndale Public Schools

Jessica Scott, Communications Specialist from Ferndale Schools, provided an update on the activities and accomplishments of students throughout Ferndale Public Schools.

PUBLIC HEARINGS

A. Parking Restriction Change on East Hazelhurst

Mayor Porter opened the Public Hearing at 7:45 p.m.

Pam Magar, representing Magar Management located in the commercial building at Hazelhurst and Woodward, noted the streets above and below Hazelhurst do not have the one-hour restrictions. Magar Management often has real estate closings that last more than an hour so removal of the restriction would be helpful for their clients.

Mayor Porter closed the Public Hearing at 7:46 p.m.

XXX. Moved by Lennon, seconded by Galloway, to approve the traffic control change to remove the one-hour parking restriction on the south side of E. Hazelhurst, east of Woodward, as requested by Sam Magar of Magar Management.

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

NAYS: None

MOTION CARRIED

XXX. CALL TO AUDIENCE

State Representative Andy Meisner updated Council on changes in State budget policy.

Thomas Gagné, thanked Mayor Porter for his service to the City as its Mayor, commending him for having served with honor and distinction. Mr. Gagné encouraged Council to reconsider its commitment of providing $30,000.00 in funding for the WA3 Woodward Tribute Project.

Leslie Lee reiterated Mr. Gagné’s remarks, noting the $70,000.00 cost of the totem is excessive in these economic times. Ms. Lee commented that the Downtown Development Authority (DDA) and the Principal Shopping District (PSD) seem to be performing the same function and suggested that double taxing businesses is not going to encourage business growth. Ms. Lee, noting the budget surplus reported at the last Council meeting, commented that perhaps citizens should be reimbursed rather than paying for a tribute totem.

Keith Dalton thanked Mayor Porter for his service and thanked those who campaigned for the recent Charter Amendments adopted by the voters on November 6, 2007.

A.J. O’Neill, A.J.’s Café, voiced opposition to the PSD tax and urged residents to support local businesses. Mr. O’Neill announced an upcoming Danny Boy marathon that will be an attempt to set a World Record.

Brian Cooley voiced opposition to the legislators in Lansing balancing the State budget on the backs of business. Mr. Cooley asked that the U.S. flag donated by County Commissioner Coulter be put in place at the Woodward and Eight Mile intersection.

Peggy Snow, Beautification Commission, thanked Mayor Porter for his service. Ms. Snow announced the Holiday Light Tour will be held on Tuesday, December 18, 6:00-9:00 p.m. and called for nominations to be submitted to the Department of Public Works.

An unidentified woman announced that Mr. Rufus Swift is a trillionaire, is interested in projects in Michigan and may be reached through the CIA.

Tiffani Gagné thanked Mayor Porter for his service to the City. Ms. Gagné, noting that the DDA will be approaching Council in January with an amended PSD plan, stated her belief that Councilwoman-elect Baker should either resign from her volunteer work for the DDA or abstain from voting on the PSD to avoid a conflict of interest. Ms. Gagné named numerous businesses which have closed their doors in the past year and voiced concern that the City will continue to lose businesses if it keeps taxing them.

Mary Trenner, Interim Library Director, presented an update on upcoming Library programs.

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

CONSENT AGENDA

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

a. Approved the Minutes of the Regular Meeting held November 26, 2007.

B. Confirmed the reappointment of Mr. William Axtell (Republican) and Mr. Lon Herman (Democrat) to the Board of Canvassers for terms ending December 31, 2011.

C. Approved the Year 2008 City Boards and Commissions Meetings Calendar.

D. Confirmed the reappointment of David Tobar to the Ferndale Brownfield Development Authority for a term ending December 31, 2010.

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

AYES: Council Members Galloway, Gumbleton, Mayor-elect Covey, Mayor Porter

NAYS: None

ABSENT: Council Member Lennon

MOTION CARRIED

REGULAR AGENDA

A. Confirmation of appointment of Jeffrey Brandon to the Environmental Impact Commission, term ending December 31, 2010

XXX. Moved by Covey, seconded by Gumbleton, to confirm the appointment of Mr. Jeffrey Brandon to the Environmental Impact Commission for a term ending December 31, 2010.

AYES: Council Members Galloway, Gumbleton, Mayor-elect Covey, Mayor Porter

NAYS: None

ABSENT: Council Member Lennon

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:26 p.m.

B. Consideration of License Agreement associated with the development for 23350 Woodward Ave with Sterling Group

XXX. Moved by Covey, seconded by Gumbleton, to approve the Public Right-of-Way Use Permit Agreement and to authorize the Mayor and City Clerk to sign the Agreement.

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

NAYS: None

MOTION CARRIED

Mayor Porter left Council Chambers at 8:31 p.m., relinquishing the Chair to Mayor Pro Tem Lennon. Mayor Porter returned to Council Chambers at 8:32 p.m.

C. Consideration of Fee Proposal and Contract for Water Testing Services

XXX. Moved by Gumbleton, seconded by Covey, to approve the fee proposal of $9,065 of RTL Laboratories, 31628 Glendale Avenue, Livonia, to conduct testing and sampling of the City’s water as required by the Environmental Protection Agency under its Stage 2 Disinfectants and Disinfection Byproducts Rule; to charge the expense to the Water and Sewer Fund, Contractual, Account No. 592-818; and to approve the Agreement by and between RTL Laboratories; and to authorize the Mayor and City Clerk to sign said Agreement.

AYES: Council Members Galloway, Gumbleton, Mayor-elect Covey, Mayor Porter, Mayor Pro Tem Lennon

NAYS: None

MOTION CARRIED

Mayor Porter resumed the Chair.

D. Designation of Signatories for Comerica Bank Account

XXX. Moved by Galloway, seconded by Lennon, to designate the Mayor and the City Clerk as the signatories on the City’s Comerica checking account.

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

NAYS: None

MOTION CARRIED

E. Consideration of Resolution supporting Ferndale’s application for funding under the "Preserve America" Grant Program

XXX. Moved by Covey, seconded by Gumbleton, that the Ferndale City Council supports the grant application for Preserve America funds to assist the completion of the Ferndale Heritage Tourism and Way-finding Project and adopts the Resolution Supporting Ferndale’s Application for Funding Under the "Preserve America" Grant Program.

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

NAYS: None

MOTION CARRIED

Mayor-elect Covey left Council Chambers at 8:40 p.m. and returned at 8:42 p.m.

F. Consideration of purchasing new sidearms for the Police Officers

XXX. Moved by Galloway, seconded by Gumbleton, to approve the purchase of new weapons and associated gear for the Police Department at a total cost of $16,678.00. The funds for this project are to be from the Drug Forfeiture Account.

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

NAYS: None

MOTION CARRIED

XXX. COUNCIL APPOINTEE REPORT – POLICE CHIEF

Police Chief Kitchen reported on progress made toward his 2007 goals.

XXX. COUNCIL LIAISON REPORTS

F. Woodward Avenue Action Association (WA3) met last week and is putting together an audio tour along Woodward Avenue which will begin at Hart Plaza

CALL TO COUNCIL

XXX. City Manager Bruner reported signs will be going up soon to remind residents that 4" of snow or more constitutes a snow emergency, meaning cars should be pulled off the street. And there will be Permit Parking Only during snow emergencies.

XXX. Chief Kitchen wished all a Merry Christmas and urged safety.

XXX. Chief Schmidt thanked Councilman Lennon and the Lennon Foundation for the donation to the Goodfellows. Announced the Goodfellows’ Annual Paper Sale raised over $3,300.00. Urged fire safety during the holidays.

XXX. Attorney Christ reported that, in connection with the Troy Allen development proposal, the final good faith earnest deposit of $25,000.00 that had been deposited with the title company has been tendered back to the City.

XXX. Councilwoman Gumbleton expressed condolences to the Goedert family at the passing of Mr. Charlie Goedert, the father of the former City of Ferndale Mayor.

XXX. Councilman Galloway expressed condolences to the Goedert family and asked that a resolution be presented at thee next Council meeting. Asked the City Attorney to review the Michigan Supreme Court’s decision regarding the automatic mass mailing of Absent Voter Ballot Applications to voters over the age of 60 and to confer with Royal Oak’s attorney to see if there is leeway in the opinion to allow the Ferndale City Clerk to continue mailing the applications. Commended the success of the Ferndale Ice Festival.

XXX. Councilman Lennon extended condolences to the Goedert family. Asked residents to keep snow and ice removed from their sidewalks and encouraged citizens to help their elderly neighbors do the same.

XXX. Mayor-elect Covey asked the City Manager to contact the DDA to obtain a report on the Cookie Bakeoff fundraiser. Asked for an investigation as to why the warming tent was serving coffee from a non-Ferndale vendor. Addressed Ms. Gagné’s comment regarding a possible conflict of interest with Councilwoman-elect Baker’s being a DDA volunteer by stating that by definition a conflict of interest occurs only if the voting members stands to gain financially from the vote. Thanked the City Manager for researching and determining that water rates were raised last year as directed by City Council. Announced that the Blues Festival will include a Bob Porter night on Thursday, January 31, 2008. Announced the agenda for the December 26, 2007 Council meeting will include tributes for outgoing Mayor Porter.

XXX. Mayor Porter extended condolences to the Goedert family and noted the Council will adopt a resolution in honor of Mr. Goedert at the next Council meeting. Thanked the residents and visitors who made the Ice Festival a success.

Mayor Porter adjourned the meeting at 9:13 p.m.