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City Council - July 14, 2008

DRAFT

FERNDALE CITY COUNCIL MEETING

Monday, July 14, 2008

A Regular Meeting of the Ferndale City Council was held Monday, July 14, 2008, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:36 p.m.

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

Present: Mayor Covey, Council Members Baker, Galloway (arrived 7:41 p.m.), Gumbleton (arrived 7:41 p.m.), Lennon.

Absent: None.

3. APPROVAL OF AGENDA

313. Moved by Councilwoman Baker, seconded by Councilman Lennon, to approve the agenda as submitted.

AYES: Council Members Baker, Lennon, Mayor Covey

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

A. Siemens Building Technologies, Inc. Year-Three Energy Report

Lauryl Prena and Matt Evans of Siemens Building Technologies, Inc. presented a report on Year 3 results of the Guaranteed Savings & Facility Improvement Contract. Items of note: the actual energy savings Year Three beat the guarantee by $37,219, and the City reduced its fossil fuels consumption by 222 tons of CO2, the equivalent of removing 61 cars for one year.

5. CALL TO AUDIENCE

Rebecca Hammond, Green Cruise representative suggested a community-wide program of energy conservation and shared stories of inhabitants of the West Virginia coal mining country. Mayor Covey suggested Ms. Hammond work with the Environmental Impact Commission.

Dennis Hoeppner promoted the 12th Annual Ferndale Pub Crawl on July 25, 2008 to benefit local charities.

Jeff Nemeth, Manager of Snap Fitness, requested that the City allow the bike rack Snap Fitness installed to remain on City property. City Manager Bruner indicated a Lease Agreement with the City would be necessary and noted a representative of the City will contact Mr. Nemeth tomorrow.

CDS Director Scheer reminded residents to fill out the Code Enforcement survey on the City’s website, and announced the Public Hearing on the Master Plan to be held on July 24, 2008 at 7:00 p.m. in Council Chambers.

Councilman Lennon left Council Chambers at 7:58 p.m.

 

6. CONSENT AGENDA

Items J and M were removed from the Consent Agenda to be considered following the Regular Agenda.

314. Moved by Councilwoman Baker, seconded by Councilwoman Gumbleton, to approve the Consent Agenda as amended:

A. Approved the Minutes of the Regular Meeting held June 23, 2008, as submitted.

B. Approved Class II Special Event Permit for the Sierra Club Green Cruise with the changes recommend by the Special Event Committee at its July 9, 2008 meeting; the event to be held on Saturday, August 9, 2008 with bicyclists beginning the bike rally at Geary Park, riding a predetermined route through Ferndale and other cities; with runners running on the West side of Woodward on the sidewalk from Grand Circus Park in Detroit, and these two groups meeting with parade participants; the parade staging to begin at 10:00 a.m. at the Breckenridge Parking Lot behind Charter One Bank, the parade to proceed to Woodward Avenue, south to W. Nine Mile Road, west to Pinecrest, then north on Pinecrest and ending at Geary Park; and to approve directional signage in the right-of-way along the route, to approve the erection of a stage and tables in the park, and to approve advertising and selling of articles in the park, per Sections 13-52, 13-53, and 13-54 of the Ferndale Code of Ordinances; contingent upon submittal and approval of updated insurance.

C. (1) Funky Ferndale Art Show. Approved Special Events Permit for Funky Ferndale Art Show, a fine art show to be held on September 20, 2008 from 10:00 a.m. until 7:00 p.m. and on September 21, 2008 from 11:00 a.m. until 5:00 p.m., on Nine Mile Road between Woodward Avenue, Allen and Planavon.

(2) DIY Street Fair. Approved Special Events Permit for DIY Street Fair, a street fair showcasing local business, artists, restaurants and musicians, to be held on September 20, 2008 from 10:00 a.m. until 11:00 p.m. and on September 21, 2008 from 11:00 a.m. until 9:00 p.m., in the Falvey parking lot and on East Troy Street.

D. Approved the Ferndale High School Band Director’s March-a-thon Parade Permit for a March-a-thon parade to be held on September 27, 2008, from 3:00 p.m. – 6:00 p.m., with the March-a-thon parade beginning at Ferndale High School, proceeding through Ferndale, Oak Park, Pleasant Ridge, and back into Ferndale to end at Ferndale High School, including police escort to block traffic within the City of Ferndale

E. Approved the partial closing of East Bennett at the beginning of the Greater Mount Everest Church parking lot to the end of the parking lot, which includes three driveways, on Saturday, July 26, 2008, from 1:00 p.m. – 5:00 p.m.

F. Adopted Resolution recommending approval of the request from Go Comedy! Improv Theater, LLC for an amendment to a new Class C License issued under MCL 436.1521(a)(1)(b) with Entertainment Permit to be located at 261 E. Nine Mile, Ferndale MI 48220, Oakland County, correcting Applicant name to include punctuation and including request for a new Entertainment Permit in conjunction.

G. Adopted Resolution expressing appreciation for the work of DTE Energy in restoring power following recent storms.

H. Approved annual Oakway Membership Dues payment of $3,000. Funds for this expense are budgeted and available in Account #101-336-740, Operating Supplies.

I. Thanked John Faunt for his service to the City, and appointed Government Access Cable Director Delmar Schmidt the City’s representative and City Manager Robert J. Bruner, Jr. the City’s alternate representative to the Intergovernmental Cable Communications Authority (ICCA) Board.

K. Approved contract by and between Bricco Excavating Co., 21201 Meyers Road, Oak Park, and the City of Ferndale to install four water mains in the city’s northwest section and authorized the Mayor and City Clerk to sign the Contract.

L. Approved three-year contract by and between Allied Waste Industries and the City of Ferndale for hauling and disposal of city-yard spoils, and authorized the Mayor and City Clerk to sign said contract.

N. Increased the annual honorarium for Board of Review members to $400 per member per annum, with the increase to be effective for the fiscal year 2008-09, starting July 2008.

O. 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 Baker, Galloway, Gumbleton, Mayor Covey

NAYS: None

ABSENT FROM TABLE: Council Member Lennon

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:02 p.m.

7. REGULAR AGENDA

A. Consideration of changes to retirement benefits for Chief of Police and Fire Chief.

315. Moved by Councilman Lennon, seconded by Councilwoman Gumbleton, to approve Chief of Police Kitchen’s request for an increase in the City’s contribution to his 401(a) Defined Contribution (DC) retirement savings plan from 12% to 14%.

316. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to amend the motion to include a 2% employer contribution to Fire Chief Schmidt’s 457 Plan, contingent upon the permissibility of such action; if an employer contribution to the 457 Plan is not permissible then to approve an additional 2% pay increase for Fire Chief Schmidt.

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

NAYS: None

MOTION CARRIED

315 AS AMENDED. Moved by Councilman Lennon, seconded by Councilwoman Gumbleton, to approve Chief of Police Kitchen’s request for an increase in the City’s contribution to his 401(a) Defined Contribution (DC) retirement savings plan from 12% to 14%, and to approve a 2% yearly employer contribution to Fire Chief Schmidt’s 457 Plan, contingent upon the permissibility of such action; if an employer contribution to the 457 Plan is not permissible then to approve an additional 2% pay increase for Fire Chief Schmidt.

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

NAYS: None

MOTION CARRIED

B. Consideration of Parking Enforcement Officer increase in weekly hours.

317. Moved by Councilman Lennon, seconded by Councilwoman Baker, to approve an increase of Parking Enforcement Officer Michele McLenon’s weekly work schedule from 20 hours to 30 hours; cost would be an additional $5,675.28 annually.

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

NAYS: None

MOTION CARRIED

Mayor Covey left Council Chambers at 8:31 p.m. Mayor Pro Tem Galloway assumed the Chair.

C. Consideration of Condolence Resolution.

318. Moved by Councilman Lennon, supported unanimously, to adopt the Resolution of Condolence for the family of William James "Jim" Reedy Jr.

ADOPTED UNANIMOUSLY

Mayor Covey returned to Council Chambers at 8:35 p.m. and resumed the Chair.

D. Consideration of Repair of the 2001 Horton Ambulance.

319. Moved by Councilman Lennon, seconded by Councilwoman Baker, to accept the proposal from West Shore Fire, of Allendale, Michigan, for a new Ford 2004, F-450 chassis, with full factory warranty, repair the damage to the 2001 Horton ambulance body and mount the body on the new chassis, for the total price of $69,500. Also included are the current towing charges. Funds for this purchase are available in the Vehicle and Equipment Fund, Account #661-000-977.

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

NAYS: None

MOTION CARRIED

E. Consideration of amending Fee Schedule.

No action was taken by Council.

CONSENT AGENDA (continued)

J. Consideration of Vehicle Lease through Enterprise Leasing Company

320. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to approve leasing 17 vehicles from Enterprise Leasing Company for an annual lease cost of $52,553.28 and an annual maintenance cost of $5,984.40, for an annual total of $58,537.68. Funds for this expense are available in Equipment Rental, 661-000-943 (as reallocated from Capital Outlay, 661-000-977).

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

NAYS: None

MOTION CARRIED

M. Consideration of Public Right-of-Way Use Agreement with Blumz…by JR Design

Councilman Galloway reported the petitioner has been a client of his in the past and therefore he intends to abstain from discussion and voting on the petition.

321. Moved by Councilman Lennon, seconded by Councilwoman Baker, to table consideration of the Public Right-of-Way Use Permit Agreement with Blumz. . . by JR Design, 503 E. Nine Mile Road, until the July 28, 2008 City Council meeting.

AYES: Council Members Baker, Gumbleton, Lennon, Mayor Covey

NAYS: None

ABSTAIN: Councilman Galloway

MOTION CARRIED

8. COUNCIL APPOINTEE REPORT – Fire Chief

Chief Schmidt reported on the progress of his goals for 2008.

9. COUNCIL LIAISON REPORTS - none

10. CALL TO COUNCIL

322. Chief of Police Kitchen noted that alert residents are a great source for the police.

323. Fire Chief Schmidt reported complaints about open burning and reminded residents that using any outdoor burning appliance for purposes other than cooking food is not allowed in the City of Ferndale. Both safety and air quality are at issue.

324. Moved by Mayor Covey, supported unanimously, to adopt the Resolution of Appreciation for John Faunt and his service on the ICCA Board.

ADOPTED UNANIMOUSLY

325. Judge Longo reminded that the District Court uses the postmark on envelopes to determine the timely payment of parking tickets and noted that payments may also be dropped off after hours in the lobby of the Police Department.

326. City Attorney Christ reported that in regards to the Florence Cement lawsuit the Court of Appeals has found in the City’s favor and the matter has been remanded for determination of damages.

327. Councilwoman Baker reported green and blue glass bottles may now be recycled as well as coated cardboard milk cartons. Councilwoman Baker noted the website for the Ferndale free clinic is up at www.ferncare.net.

328. Councilwoman Gumbleton noted the Detroit Zoo is offering music concerts on Wednesday evenings. Councilwoman Gumbleton encouraged residents to research the candidates and vote on August 5th.

329. Councilman Lennon asked the City Manager and the City Attorney to address maintenance issues with Canadian National Railroad. Councilman Lennon noted that the mother of Bill Jones, a DPW employee, and Rick Jones, a member of the Police Department, recently passed away, and asked that a condolence resolution be forthcoming.

330. Councilman Galloway read the obituary of civil rights and community activist Willa Mae King, who was raised in Ferndale and asked for a resolution to be drafted for Council’s consideration. Councilman Galloway noted a bio-diesel factory in Hazel Park and suggested, in accordance with the City’s standing resolution to investigate the use of bio-diesel fuel in City vehicles which use diesel fuel, that members of Council and City staff visit the factory.

331. Mayor Covey announced two remaining concerts in the summer concert series on July 18th and July 25th at 7:00 p.m. at the Kulick Center. Mayor Covey noted there will be an informational meeting on the Gypsy moth issue this Thursday. Mayor Covey announced that on Saturday, August 9, Ferndale will be the site of the Annual Green Cruise. Mayor Covey promoted the Ferndale Pub Crawl, noted all are welcome and that volunteers are needed.

11. CLOSED SESSION: Purchase or lease of real property as permitted by the Open Meetings Act (Act 267 of 1976) Sec. 8. (d).

332. Moved by Councilman Lennon, seconded by Councilwoman Baker, to adjourn to Closed Session for the purpose of discussing the purchase or lease of real property as permitted by the Open Meetings Act (Act 267 of 1976) Sec. 8. (d).

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

NAYS: None

MOTION CARRIED

Mayor Covey adjourned into Closed Session at 9:41 p.m. and reconvened the regular meeting at 10:35 p.m.

333. Moved by Councilman Galloway, seconded by Councilwoman Baker, that City Council authorize the Mayor and the City Clerk to sign the offer to purchase real estate as presented by Judge Longo at 345 East Nine Mile, that the City proceed with its due diligence as discussed in Closed Session, and to furthermore encourage Plante Moran CRESA to complete their report and prepare for a presentation at the Council meeting on July 28, 2008, and to further encourage all City Council members to thoroughly study the report and to consider how best to move forward with the intent to make a decision on plans for the City Hall, Court and Police Department at the Council meeting on July 28, 2008.

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

NAYS: None

MOTION CARRIED

12. ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 10:37 p.m.

 

Craig Covey, Mayor

 

J. Cherilynn Tallman, City Clerk

ATTACHMENT A

CITY OF FERNDALE

RESOLUTION 2008-314(G)

EXPRESSING APPRECIATION FOR THE WORK OF DTE ENERGY

At a Regular meeting of the City Council of the City of Ferndale, Oakland County, Michigan, held in the Council Chambers at 300 E. Nine Mile, Ferndale MI 48220 on the 14th day of July, 2008

The following resolution was moved by Councilwoman Baker and seconded by Councilwoman Gumbleton:

Severe storms traversed southeastern Michigan on June 8, 2008, causing widespread damage and leaving hundreds of thousands of residents without electricity; and

Restoration work was hampered by additional severe storms and by a large number of downed trees resting on utility lines and obstructing access to damaged areas; and

Crews from DTE, plus others brought in from surrounding states to assist with the critical situation, worked more than 16 hours a day under adverse conditions to restore service to its customers as quickly as possible; and

Crews assigned to the City of Ferndale, although exhausted by the immensity of the work to be performed, were courteous and reassuring to our residents and worked tirelessly to reestablish power in the City; and

Residents of Ferndale with medical needs were faced with waiting possibly five days for power to be restored and crews from DTE stepped in to address the situation.

Therefore, be it resolved that we, Ferndale’s elected officials, on behalf of our residents, thank DTE and their dedicated staff for the quick and efficient restoration of electrical service in the City of Ferndale under adverse conditions; and

Be it further resolved that a copy, duly certified, of this resolution be forwarded to the DTE Executive office, and an additional copy be forwarded to the Michigan Public Service Commission.

AYES: Mayor Covey, Council Members Baker, Galloway, Gumbleton

NAYS: None

RESOLUTION ADOPTED

ATTACHMENT B

CITY OF FERNDALE

RESOLUTION 2008-318

At a Regular meeting of the City Council of the City of Ferndale, Oakland County, Michigan, held in the Council Chambers at 300 E. Nine Mile, Ferndale, MI 48220 on the 14th day of July, 2008

The following resolution was moved by Councilman Lennon, supported unanimously:

William James "Jim" Reedy Jr., 66, a longtime resident of Ferndale, died Sunday, April 13, 2008 in Florida; and

He was born May 14, 1941, in Detroit, Michigan to William and Louise Reedy; and

Jim attended Hall of the Divine Child Military School in Monroe, and went on to graduate from St. James High School in 1959; and

He later met Kathy whom he married October 20, 1962 at St. James Catholic Church; and

Jim owned the Blue Ridge Grill on Eight Mile Road in Ferndale for over 40 years; and

He was a member of St. James Church, where he served as an usher; Knights of Columbus – Bishop Gallagher 4th Degree Assembly and the Forest Hills Civic Association in Holiday, Florida; and

Jim enjoyed bowling, playing cards, golfing and wintering in Florida; and

Jim was a great friend and will be remembered for always having a smile on his face, and he will be missed by many, but especially by his wife Kathy; his children, Bill, Laurie (Jayson) Goodman and Tammy (John) Slabiak; grandchildren, Christopher (Lacey), Ashley, Billy, Kristie, Jacob, Shelby and Lanna; and siblings Tom, Patricia Rae and Dan.

THEREFORE, BE IT RESOLVED that we, Ferndale= s elected officials, do hereby extend our Community= s condolences to the family of William James "Jim" Reedy Jr.

BE IT FURTHER RESOLVED that a copy of this Resolution, duly certified, be forwarded to the family.

ADOPTED UNANIMOUSLY

ATTACHMENT C

CITY OF FERNDALE

RESOLUTION 2008-324

 

THE MAYOR AND CITY COUNCIL

OF THE CITY OF FERNDALE

EXTEND WARM APPRECIATION TO

 

JOHN FAUNT

FOR SERVING AS THE CITY OF FERNDALE ‘S

INTERGOVERNMENTAL CABLE COMMUNICATIONS AUTHORITY REPRESENTATIVE

 

 

 

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Ferndale, Michigan  48220
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