City Council - January 12, 2009

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

NAYS: None

MOTION CARRIED

009. Moved by Councilwoman Baker, seconded by Councilman Lennon, to approve the Adopt-A-Watt Program Site Lease Agreement and authorize the Mayor and City Clerk to sign it.

010. Moved by Councilwoman Baker, seconded by Councilman Galloway, to amend the motion to include in Paragraph 12 that the City’s deductible shall be $1,000 if it be deemed an appropriate amount by the City Manager and City Attorney following further investigation.

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

NAYS: None

MOTION CARRIED

009. Moved by Councilwoman Baker, seconded by Councilman Lennon, to approve the Adopt-A-Watt Program Site Lease Agreement, authorize the Mayor and City Clerk to sign it, and to include in Paragraph 12 that the City’s deductible shall be $1,000 if it be deemed an appropriate amount by the City Manager and City Attorney following further investigation.

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

NAYS: None

MOTION CARRIED

F. Consideration of Proposal from Plante Moran CRESA to provide Owner Representation services for municipal building renovation and expansion project.

011. Moved by Councilwoman Gumbleton, seconded by Councilman Galloway, to table consideration of the Contract for Owner Representation Services with Plante Moran CRESA (PMC) to the January 26, 2009 City Council Meeting to allow Council to gather further information.

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

NAYS: None

MOTION CARRIED

Fire Chief Schmidt reported on his progress toward 2008 goals and objectives.

B. Michigan Suburbs Alliance (MSA) – Mayor Covey reported MSA has created a virtual office in response to their lack of enough office space. Councilwoman Baker reported on the MSA’s new initiative, Millennial Mayors Congress, which partners youth with metro Detroit mayors to encourage involvement in community and in the electoral process.

The following voiced support for South Oakland Shelter:

David Welsh, resident.

Nick Pollino, former client of South Oakland Shelter.

Linda Baker, resident.

Donnis Reese, resident.

Deacon Tim Renaud, St. James Parish.

David Welsh, resident.

Jim Nicholls, resident.

Judith Zachary, resident.

Kevin Roach, Executive Director of SOS.

The following voiced support for the South Oakland Shelter but opposed the location of its administrative offices at First Baptist Church of Ferndale and expressed doubt as to the use being permissible in a residential zoning district:

Sharon Kaisner, resident.

Rebecca Hobson, resident.

Derek Smiertka, resident.

Patti Ashmore, resident.

Thomas Gagné spoke about Council’s past history of wrangling with zoning issues and expressed curiosity about what Council members have to say on the issue.

Peter Bahr, professor at Wayne State University, cautioned that every social ill we try to solve has negative implications of some kind and urged Council to contemplate what the negative implications might be in the South Oakland Shelter issue.

Robert Porter thanked DPS for their work in clearing the snow from Saturday’s storm.

Bob Wolfson voiced support for South Oakland shelter. Mr. Wolfson expressed interest in being Ferndale’s Owner Representative for the municipal renovation project.

Kathryn Hershberger voiced appreciation for Council tabling the consideration of offering Plante Moran CRESA a contract to provide Owner Representation services because she is very concerned with how the money is going to be spent.

012. Chief of Police Kitchen commented he enjoyed the civil discussion regarding the location of South Oakland Shelter, and said that whatever happens the Ferndale Police Department stands ready to serve.

013. Fire Chief Schmidt thanked Hungry Howies, the 7-11 on W. Nine Mile and Hambo’s for providing food and coffee to Fire Department personnel during several recent incidents. Fire Chief Schmidt asked for citizens to call the Fire Department if they know of anyone needing a welfare check during bad weather.

014. City Clerk Tallman announced a vacancy on the Civil Service Board and appealed for applicants.

015. City Manager Bruner addressed issues raised by the audience regarding South Oakland Shelter. He reported the only permit which has been pulled is for demolition, which does not require neighborhood approval, and it is premature to call a public hearing before plans are submitted for a building permit or applications have been filed for site plan approval or for a Special Land Use permit. He urged anyone with questions or concerns to contact the City Manager’s office, noting it is a efficient forum for receiving information. He cautioned that the zoning issues may not be as clear as residents feel they are, and explained the job of government is to balance the property owner’s right to use their property with the neighbors’ concerns. Mr. Bruner noted that, based on what the City knows, it appears the use may be permissible. He reported the target move-in date for SOS is August.

016. City Attorney Christ explained that federal law grants wide latitude to religious institutions in terms of zoning and use.

017. Councilwoman Baker expressed hope that a solution to the SOS issue will be found, and explained that if a site plan, special land use or rezoning request is to come before the Plan Commission notices of the public hearing are posted on WFRN cable, at City Hall and are also mailed to surrounding property owners. She also noted that agendas for both Plan Commission and City Council meetings are posted on the City’s website, at the Ferndale Public Library and at City Hall. Councilwoman Baker announced a fundraising dinner for the FernCare free clinic will be held on April 2^nd, at the Royal Oak Elks at 6:00 p.m.

018. Councilman Lennon commented he will wait until more facts are available before forming an opinion on the SOS issue. Councilman Lennon announced an American Red Cross blood drive to be held on January 27^th, 10:00 a.m. – 4:00 p.m. at the Gerry Kulick Community Center.

019. Moved by Councilman Lennon, supported unanimously to adopt the Resolution of Condolence to the family of Walter "Wally" Giszczak.

ADOPTED UNANIMOUSLY

020. Councilwoman Gumbleton offered condolences to the family of former Councilwoman Helen Weber on the passing of Councilwoman Weber’s mother, and requested a condolence resolution be prepared for the next City Council meeting. Councilwoman Gumbleton congratulated Ellen Cogen-Lipton, State Representative-elect, and thanked outgoing State Representative Andy Meisner. Councilwoman Gumbleton reported that youth delegates may attend the MML Capitol visit March 3-4 for free and suggested Council consider appointing some youth delegates from Ferndale. Councilwoman Gumbleton announced the 19^th Annual MLK celebration in Royal Oak Twp. to be held on January 17^th, at noon, at the Royal Oak Twp. Recreation Center.

021. Councilman Galloway said he is a strong supporter of South Oakland Shelter and hopes a solution can be found to allow SOS to locate in Ferndale. He addressed items of misinformation contained in the anonymous flyer.

022. Moved by Mayor Covey, supported unanimously to adopt the Resolution of Condolence to the family of Brian W. Ashburn.

ADOPTED UNANIMOUSLY

023. Mayor Covey promoted the upcoming Blues Festival.

There being no objections, Mayor Covey adjourned the meeting at 10:00 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 12^th day of January, 2009

The following Resolution was moved by Councilman Galloway, and seconded by Councilwoman Baker:

The City of Ferndale wishes to encourage new construction or redevelopment projects to include sustainable design and building practices; and

The City supports standards for construction that result in buildings that are environmentally responsible, energy efficient, and healthy places to work; and

Recent studies have shown that buildings consume approximately 70% of the electricity produced in this country and create 30% of all greenhouse gas emissions in the United States; and

It is in the City’s best interest to curb building energy consumption and emissions.

IT IS RESOLVED that the City Council of the City of Ferndale finds and determines that:

Section 1. All new construction and major renovation projects to be owned, occupied, or funded in whole or in part by the City of Ferndale that are of 3,000 square feet in floor area or greater shall be certified by the U. S. Green Buildings Council’s LEED standards at least at the Silver level. For purposes of this policy, any renovation project estimated to cost 24% or more of the current value of the structure to be renovated shall constitute a major renovation project.

Section 2. The City of Ferndale recommends that all new buildings and major renovations undertaken by private entities meet LEED Silver Standards. Towards this end, the Ferndale Building Department shall have and make available information on these standards and work in concert with other interested parties towards educating property owners on these standards and their value.

Section 3. Where required by this Resolution, when registration and certification through the USGBC’s LEED program may be cost-prohibitive, the LEED system or other environmental program standards should be followed and implemented to the best of the Owner’s ability. Should compliance with LEED or other program standards negatively affect the ability of the project to proceed, a hardship can be approved by City Council. Any request for waiver of LEED certification must be accompanied by specific reasons for the hardship.

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

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 Road, Ferndale, Michigan 48220 on the 12th day of January, 2009

The following Resolution was moved by Councilman Lennon, and supported unanimously:

Walter "Wally" Giszczak, 80, a court officer and bailiff of the Ferndale 43^rd District Court, passed away January 6, 2009 at Beaumont Hospital, Royal Oak, Michigan; and

Wally began working at the Ferndale Court in 1981 and was known for his love of people, for bringing in doughnuts for his fellow workers every Friday, his sense of humor, and as being a "great guy"; and

Wally was a 50 year resident of Madison Heights, Michigan; and

He was a man of service and commitment to his fellow man and community having served his country as a member of the U.S. Army, as a Madison Heights City Councilman from 1974 to 1983, and as an usher at Vincent Ferrer Catholic Church; and

Walter J. Giszczak will be missed by many but especially by his loving wife Jessie; children, John (Kathy) Giszczak, Janet (Michael) Richards and James (Janet) Giszczak; grandchildren, John, Jessica, Julie, Sydney and Casey; sisters, Helen Giszczak and Virginia Mazurek; and by his many friends in the City of Ferndale.

THEREFORE, BE IT RESOLVED that we, Ferndale= s elected officials, do hereby extend our Community= s condolences to the family of Walter J. Giszczak.

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

ADOPTED UNANIMOUSLY

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 Road, Ferndale, Michigan 48220 on the 12th day of January, 2009

The following Resolution was moved by Mayor Covey, supported unanimously:

Brian W. Ashburn, 49, owner and operator of Elegance by Design in Ferndale passed away December 18, 2008 at Beaumont Hospital, Royal Oak, Michigan; and

He was born in Chatham, Ontario to Harvey (Pete) and Betty Ashburn (Elder); and

Brian worked as an interior designer in London, Ontario and Windsor, Ontario, before moving to Michigan and opening his business in Ferndale; and

Brian Ashburn will be missed by many but especially by his loving partner Daniel Behnke; siblings Laurie, Simcoe and Michael Ashburn; nephews and nieces, Spencer Ashburn of Wallaceburg; Natalie, Tara, Matt and Kevin Behnke and Kenan, Kyle and Jack Daly; Aunts and Uncles, Marjorie and Douglas Swayze of Ridgetown; Colleen and Richard McIntyre of Red Deer; Wayne Stevenson of Mozambique; Charles and Sandra Stevenson of Wallaceburg; devoted friend, Deborah DeLaurier; and by his many friends in the City of Ferndale.

THEREFORE, BE IT RESOLVED that we, Ferndale= s elected officials, do hereby extend our Community= s condolences to the family of Brian W. Ashburn.

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

ADOPTED UNANIMOUSLY