City Council - August 25, 2008

A Regular Meeting of the Ferndale City Council was held Monday, August 25, 2008 at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:37 p.m.

Present: Mayor Covey, Council Members Baker, Galloway, Gumbleton, Lennon (arrived at 7:40 p.m.)

Absent: None

364. Moved by Councilman Galloway, seconded by Councilwoman Baker, to approve the agenda as submitted.

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

NAYS: None

MOTION CARRIED

365. Moved by Councilman Lennon, seconded by Councilwoman Gumbleton, to direct City Manager Bruner to implement the Friendly Ferndale recommendations.

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

NAYS: None

MOTION CARRIED

5. PUBLIC HEARINGS

Mayor Pro Tem Galloway opened the public hearing at 7:50 p.m.

Eight (8) residents at the following addresses in the proposed District registered objections to their assessments:

342 Spencer.

several unspecified rental properties

258 Jewell.

600 Hilton

682 E. Webster

680 E. Chesterfield

239 E. Chesterfield

303 E. Marshall

One (1) resident at the following address in the proposed District expressed support of the assessment:

764 Spencer

There being no further comments, Mayor Covey closed the public hearing at 8:21 p.m.

366. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, that the Resolution to proceed with the 2008 Sidewalk Replacement Program be adopted and that the City Clerk be authorized to sign said Resolution.

AYES: Council Members Baker, Galloway, Gumbleton, Lennon

NAYS: Council Member Lennon, Mayor Covey

MOTION CARRIED

Councilman Lennon and Mayor Covey both explained their votes reflect their preference to postpone the program for one year due to the current poor economy.

Woodward Avenue Action Association (WA3) issued an invitation to the VIP Illumination Reception for the Woodward Tribute on September 18. Additional information is available at www.woodwardavenue.org.

The Sierra Club thanked Council for its support of this year’s Green Cruise.

Deb Olsen presented the Environmental Impact Commission’s monthly green tip, encouraging use of reusable canvass bags for shopping instead of one-use plastic bags.

Sharon Chess announced the Ferndale Chamber of Commerce’s First Annual Holiday Home Tour on December 6^th & 7^th. Additional information is available at www.FerndaleHomeTour.com.

Item No. 7E was removed from the Consent Agenda to be considered following the Regular Agenda.

367. Moved by Councilman Lennon, seconded by Councilwoman Baker, to approve the Consent Agenda as submitted:

A. Approved the Minutes of the Regular Meeting held August 11, 2008, as submitted by City Clerk.

B. Approved a Special Event Permit for Jason Patton of Central State (CSU) Alumni-Detroit Chapter for their annual Alumni Association Picnic with a moonwalk to be held on Saturday, August 30, 2008, from 11:00 a.m. to 10:00 p.m., at Martin Road Park, as submitted by City Clerk.

C. Approved Agreement for using the City’s Southwest Storage Yard as a transfer site for leaves by the City of Huntington Woods and authorized the Mayor and City Clerk to sign said Agreement, as submitted by DPW Director.

D. Approved Agreement for using the City’s Southwest Storage Yard as a transfer site for leaves by the City of Oak Park and authorized the Mayor and City Clerk to sign said Agreement, as submitted by DPW Director.

F. Adopted Ordinance No. 1059, amending the City of Ferndale Code of Ordinances Chapter Nine, Fire Prevention and Protection, Article II, Fire Prevention Code, Section 9-13, adopting the 2006 Edition of the International Fire Code, as submitted by Fire Chief.

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

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

NAYS: None

MOTION CARRIED

368. Moved by Councilwoman Baker, seconded by Councilwoman Gumbleton, to confirm the appointment of Jay M. Schloff to the Environmental Impact Commission for a term ending December 31, 2010

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

NAYS: None

MOTION CARRIED

369. Moved by Councilman Galloway, seconded by Councilman Lennon, to approve the quote of $4,675 of Ash-Con Payment Maintenance, Inc., 37600 Utica Road, Sterling Heights, to re-stripe for ADA compliance the parking spaces of 11 municipal lots, and to charge the expense to the Auto Parking Fund, Repair and Maintenance, account no. 585-775.

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

NAYS: None

MOTION CARRIED

No action was taken by Council.

370. Moved by Councilman Lennon, seconded by Councilwoman Baker, to approve the Preserve America Grant agreement and agreement between the City of Ferndale and Ferndale DDA to administer the grant with the change in Paragraph 2 of "in an amount not to exceed $100,000.00 along with the personnel time" with "in an amount not to exceed $100,000.00 including the personnel time; and that the Mayor be authorized to sign said agreements, certification document and SF424 application.

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

NAYS: None

MOTION CARRIED

Mayor Covey and Councilwoman Baker volunteered to be members of the focus group.

372. Moved by Councilman Lennon, seconded by Councilwoman Baker, to appoint Councilwoman Gumbleton as the Official Voting Delegate to represent the City at the Annual Business Meeting of the Michigan Municipal League and adopted the travel Resolution authorizing her travel to attend the Annual Meeting to be held on Mackinac Island, October 1-4, 2008.

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

NAYS: None

MOTION CARRIED

C. South Oakland County Mayors Association (SOCMA) – City Manager Bruner reported the City of Ferndale will be hosting the September 10^th meeting.

373. Fire Chief Schmidt acknowledged his staff for their participation in the International Emergency Vehicle Show and the Dream Cruise.

374. Recreation Director Hall announced this year’s Fall Festival will be held on October 11^th, the Kulick Center will be partnering with Affirmations for the holiday showcase and partnering with the DDA for the Lunch with Santa event in conjunction with the DDA’s Holiday Ice Festival. Mayor Covey noted the senior volunteer dinner will be held in mid-September.

375. Police Captain Collins noted the new school year starts on Tuesday, September 2, and cautioned motorists not to pass school buses when the lights are flashing.

376. City Clerk Tallman announced an initiative by Councilwoman Baker and Mayor Covey to hold voter registration drives in the Ferndale schools for students who will be 18 years of age by the November 5, 2008 General Election. City Clerk Tallman reported she has requested the Ferndale School Board consider consolidating their school board elections with the City’s odd-year November municipal election in order to save the school district approximately $5,500.00 per year.

377. City Manager Bruner congratulated Recreation Director Hall on her one-year service anniversary.

378. City Attorney Christ reported on the City’s efforts to have Grand Trunk Railroad maintain their rights-of-way. DPW Director Photiades noted Grand Trunk has been cited for ordinance violations. Councilman Lennon requested the City Manager address the situation.

379. Councilwoman Baker announced a Ferndale/Lincoln High School all-class reunion in October in conjunction with Ferndale High School’s homecoming. Councilwoman Baker thanked the Plan Commission for their dedication and professionalism. Councilwoman Baker announced the Annual Perennial Exchange on Saturday September 27^th at the Kulick Center.

380. Councilwoman Gumbleton announced this year’s Ferndale Community Foundation fundraiser, Taste of Ferndale, will be held on October 20^th, 6:30 p.m. - 9:00 p.m. and will be hosted by Via Nove.

381. Councilman Lennon thanked Michael Lary and Cristina Sheppard-Decius of the DDA and all City staff for an excellent Dream Cruise.

382. Councilman Galloway echoed Councilman Lennon’s appreciation for the Dream Cruise. Councilman Galloway thanked Bosco for hosting the recent Boys and Girls Club fundraiser.

383. Mayor Covey expressed appreciation for a successful Dream Cruise. Mayor Covey announced Council, in conjunction with Ferndale Public Schools, would soon be seating a Youth Delegate to City Council. Mayor Covey noted there are parties interested in the former record store and the former Old Navy stores in the DDA. Mayor Covey thanked the Plan Commission and the interested residents who participated in the special land use discussions for Rosie O’Grady’s new location.

384. Moved by Mayor Covey, seconded unanimously, to adopt the Resolution supporting the Steppin’ Out AIDS Walk Detroit on September 21; 2008.

ADOPTED UNANIMOUSLY

Mayor Covey recessed the meeting at 9:25 p.m. and reconvened the meeting at 9:37 p.m.

11. CLOSED SESSION – For the purpose of discussing Attorney/Client privileged communication relating to litigation (City of Ferndale vs. Florence Cement Company and Hartford Casualty Insurance Company), as provided for under MCL 15.268(e) and (h), as requested by the City Manager.

385. Moved by Councilwoman Gumbleton, seconded by Councilwoman Baker, to adjourn to Closed Session for the purpose of discussing Attorney/Client privileged communication relating to litigation (City of Ferndale vs. Florence Cement Company and Hartford Casualty Insurance Company), as provided for under MCL 15.268(e) and (h), as requested by the City Manager.

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

NAYS: None

MOTION CARRIED

Mayor Covey adjourned into Closed Session at 9:37 p.m. and reconvened the regular meeting at 9:54 p.m.

There being no objections, Mayor Covey adjourned the meeting at 9:54 p.m.

Craig Covey, Mayor

J. Cherilynn Tallman, City Clerk

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 25^th day of August, 2008

The following resolution was moved by Councilman Galloway and seconded by Councilwoman Gumbleton:

On November 27, 2006, the City Council adopted a policy to continue with a citywide Sidewalk Replacement Program through 2016 and referred to the Highway Committee for its approval; and

The Highway Committee on August 25, 2008 recommended that the City Council adopt a Resolution authorizing the 2008 Sidewalk Replacement Program (Special Assessment District No. 2008) to proceed pursuant to the special assessment process; and

A Public Hearing was held on August 25, 2008, to hear objections or concerns regarding the 2008 Sidewalk Replacement Program (Special Assessment District No. 2008), and to consider proceeding with the program.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the following findings and determinations:

That the improvements for the Special Assessment District No. 2008 consist of reconstructing concrete sidewalks abutting properties/parcels as shown in the attached list titled "2008 Sidewalk: Estimated Assessments" pages 1 to 23 with sidwell, address and estimates of cost allocation among property owners and the City at large;

That the plans or diagrams and specifications, as prepared by the Engineering Technician, be approved and that copies be maintained on file in the engineering office for public examination;

That the cost of the hereinafter-mentioned sidewalk improvement be defrayed by levying a special assessment against the property specifically benefited as proposed in the attached lists;

That the assessments be spread in one installment; that residential property owners whose assessments are over $500 be granted additional time to pay their assessment at a 5% interest if they can establish a hardship situation – family size, single-parent family, handicap, illness, employment status, etc; that said "hardship" be documented to a Hardship Committee and be considered if it is shown that the annual household income is below the $20,000 threshold; that the $500 and $20,000 thresholds be waived on a case-by-case basis depending upon the degree of "hardship; that residential corner lot property owners whose special assessment is over $500 for the side portion, whatever their household income, may be granted additional time to pay their assessment at 5% interest; that the committee have the discretion to consider any other relevant factors in determining whether to grant additional time to complete payments; that the Hardship Committee be composed of one staff member, one Council member and one Council appointed citizen from the assessed district; that the appeal route, if needed, be to the Council;

That the assessment district be numbered and designated as in the ‘Special Assessment District 2008’;

That the assessment district include lands and premises hereinafter described under the assessment designation and as listed in the enclosed Sidwell, Address list;

That the total assessment against each property be the actual cost of reconstructing the designated sidewalk adjacent to it and that it include applicable engineering and administrative costs;

That the total amount be assessed against this district, as estimated by the City, be shown under the assessment district designation; and

That such costs as finally determined by the City be paid from the City’s General Fund, subject to recapture from the special-assessment proceeds.

AYES: Council Members Baker, Galloway, Gumbleton

NAYS: Mayor Covey, Council Member Lennon

RESOLUTION ADOPTED

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 25^th day of August, 2008

The following resolution was moved by Councilman Lennon and seconded by Councilwoman Baker:

Section 12-15 (a) of the Ferndale Code of Ordinances prohibits any officer, elected official or employee of the City of Ferndale from using City funds to pay any invoice, bill, expense, or advance for travel or other purpose incurred by or on behalf of any elected official unless such payment shall first be specifically authorized by Resolution of the City Council; and

Section 12-15 (b) of the Ferndale Code of Ordinances further prohibits any elected official or employee of the City of Ferndale from obtaining, attempting to obtain, or to contract for the provision of any goods, services, lodging, accommodations, or transportation in the name of the City of Ferndale unless the same has first been authorized by Resolution of the City Council; and

The City Council has determined that it is in the interests of the City of Ferndale for Councilwoman Gumbleton to attend the Michigan Municipal League Convention to be held on Mackinaw Island from October 1-4, 2008, on behalf of the City of Ferndale.

BE IT RESOLVED, that pursuant to Section 12-15 of the City of Ferndale Code of Ordinances Councilwoman Gumbleton is authorized to attend the Michigan Municipal League Convention, on behalf of the City of Ferndale, utilizing funds from Account No. 101-101-873. Authorization is submitted for the above named official to allow for attendance; however actual attendance is subject to change.

IT IS FURTHER RESOLVED that known attendance costs including registration fees, travel and lodging for the City representatives are estimated to be under $1,200.00.

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

NAYS: None

RESOLUTION ADOPTED

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 25^th day of August, 2008

The following resolution was moved by Mayor Covey and supported unanimously:

HIV AIDS disease has been a serious world-wide epidemic for the past 27 years and has taken the lives of millions of people on every continent; and

HIV AIDS has been particularly devastating to minority populations and underserved groups without adequate education and resources to combat the heath threats involved; and

While HIV AIDS disease can now be treated fairly successfully with adequate funding, education, and access to health care, there are still million of people dying each year across the globe, including here in the United States; and

HIV AIDS can be prevented with evidence-based prevention programs that target high risk behavior within populations most at risk yet governmental, fiscal, and religious barriers still impact negatively efforts to implement life-saving programs; and

More than 50,000 new HIV infections occur each year in the United States including half those new infections being among young people ages 13 to 29; and

Many agencies, organizations, and volunteers labor each day in Southeast Michigan to provide care for people living with AIDS and attempt innovative quality prevention programs in our area to stop the spread of further HIV infection.

Therefore be it Resolved that the Ferndale City Council recognizes the ongoing severity of the HIV AIDS epidemic and applauds the efforts of local organizations and individuals who fight to end this health crisis; and

We appreciate and support the Steppin’ Out Detroit AIDS Walk organization and events now being held in our region culminating in the AIDS Walk fundraiser to occur in Royal Oak on Sunday September 21 and we encourage everyone to join in to the best of their ability to help end the scourge that is HIV AIDS; and

We request that this resolution if passed be forwarded to all of the cities and townships that border Ferndale as well as our Governor, our representatives and our senators.