City Council - January 26, 2009

FERNDALE CITY COUNCIL MEETING

Monday, January 26, 2009

A Regular Meeting of the Ferndale City Council was held Monday, January 26, 2009 at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:30 p.m.

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

Absent: None

024. Moved by Galloway, seconded by Baker, to approve the agenda as submitted.

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

NAYS: None

MOTION CARRIED

Patti Ashmore claimed responsibility for the anonymous flyer which was distributed regarding South Oakland Shelter (SOS), and noted Kelly Onickel and Earl Roberts, realtors, provided the real estate information for the flyer. Mrs. Ashmore noted that the issue needing to be addressed is that SOS belongs in an appropriate zoning district for use by a corporation.

Pam Hawley stated her issue with SOS is that it be located in an appropriate zoning district.

Kelly Onickel, Michigan Board Licensed Realtor, expounded on the information she provided for the flyer, noting homes abutting commercial properties generally see a 10% decrease in value, and up to a 30% decrease if the commercial property is considered undesirable.

Derek Smiertka listed some of the counts contained in the 17 Royal Oak Police reports at the SOS headquarters: intimidation, animal complaints (dead rats), loss, unwanted persons, disorderly conduct, welfare check, child neglect, missing person and suspicious persons.

An unidentified man read a letter from Elizabeth Schiffer-Trombley which expressed concerns with SOS based on the 10 years she worked as a Royal Oak Police Dispatcher. Ms. Schiffer-Trombley alleged that calls to addresses in the area of SOS relating to SOS’s presence numbered in the hundreds and arrests numbered in the dozens.

Julie Glazier, Ferndale Youth Assistance (FYA), promoted the Challenge Day program www.challengeday.org, and issued a call for mentors with an orientation on Tuesday, January 27, 4:00 – 6:00 p.m. at the FYA offices.

Doug Raber, Director of the Ferndale Public Library, announced the library hopes to temporarily relocate to 642 E. Nine Mile during construction, noted interior demolition is scheduled for March and construction planned to begin in April. Dr. Raber reported on several grants for which the library has submitted applications.

Jim Williams, member of the Board of Directors for the Clinton River Watershed Council, recognized Woodward Avenue Brewers, Buffalo Wild Wings and Rosie O’Grady’s for their assistance with the Council’s fundraiser.

Tom Gagné disputed the claims of Detroit-based By Any Means Necessary (BAMN) that Ferndale schools support segregation and are racist. He noted that if BAMN is successful in having University High School closed they will have taken away the choice of Detroit parents for a better education for their children.

Steve Selvaggio, Western Market, reported that BAMN has targeted his business, picketing and telling customers the owners are racist and support segregation because Mr. Selvaggio and his partner do not wish to display BAMN’s literature at their business. Mr. Selvaggio stated he is neither racist nor does he support segregation and characterized BAMN’s actions as harassment and bullying. Mr. Selvaggio suggested BAMN’s issues would be more appropriately directed to the Detroit School Board and the Ferndale School Board.

Donna Stern, BAMN, claimed it is fair for businesses who take money from Detroit residents to be targeted if they support Detroit students being denied attendance at Ferndale High School (FHS). Ms. Stern Insinuated that the money the Ferndale School District receives from the Detroit students attending University High School is being used to fund extracurricular activities at FHS.

Councilwoman Baker requested that Item C, Consideration of Electronic Mail Retention Policy, be removed from the Consent Agenda to be considered following the Regular Agenda.

025. Moved by Lennon, seconded by Baker, to approve the Consent Agenda as amended:

A. Approved the Minutes of the Regular Meeting held January 12, 2009.

B. Adopted General Record Retention and Disposal Schedule #24 – City and Village Clerks with the exception of Item Numbers 500-502, 505-518, 520-524 and 526-527, as approved by the State of Michigan Department of History, Arts and Libraries, to supersede General Schedule #8-Municipalities, Section 7-City Clerk.

D. Approved purchase of two (2) Motor Data Terminals (MDT) at a cost of $10,390.00 (from the drug forfeiture fund) from Motorola Corporation and the removal and installation of these MDTs by Wireless Resources at a cost of $590.00.

E. Adopted the Interim changes to the FYE-2009 Budget.

F. Approved invoice payment of $58,008 to ABC Paving, 2650 Van Horn Road, Trenton, and to charge the expense to the Water and Sewer Fund, Repair and Maintenance, account number 592-775.

G. Approved both the licensing and support agreements from BS&A relative to permitting software for CDS with the first year free and year 2 and 3 at a cost of $800 each, charged to account # 101-371-775and authorized the Mayor to sign the agreements.

H. Accepted the conditions of the T-Mobile Performance Bond issued by Safeco Insurance Company of America and authorized the Mayor to sign.

I. Authorized the City Clerk to sign the "Opt-In" Agreements for conduction of elections for Ferndale Public Schools and the School District of the City of Hazel Park.

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

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

NAYS: None

MOTION CARRIED

026. Moved by Baker, seconded by Gumbleton, to confirm the appointment of A.J. O’Neil as a member of the Downtown Development Authority (DDA) Board for a term ending December 31, 2012.

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

NAYS: None

MOTION CARRIED

027. Moved by Baker, seconded by Lennon, to confirm the City Council’s desire to hire an external project manager to help the City’s team move the municipal building renovation and expansion project forward.

Mayor Covey opened floor for questions. Kathryn Hershberger questioned how an external project manager will help avoid cost overruns.

Bob Wolfson commented on ways to insure the project is started and completed on time and stressed the importance of setting a budget. He stated he wants to be considered for the job of providing owner representation services. Tiffani Gagné commented on the Library Board’s choice of having the architect oversee the project being a better choice than a separate project manager. Bob Porter encouraged Council to approve an outside service to oversee the project. Paul Wills, PMC, commented that as someone who worked on the feasibility plan he feels hiring an outside owner’s representative is the correct choice and expressed his opinion that PMC has the independence, experience and references necessary to do the job.

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

NAYS: None

MOTION CARRIED

028. Moved by Baker, seconded by Gumbleton, to request the City Manager prepare a Request for Proposals for owner representation services for the municipal building renovation and expansion project following "RFP Timeline 2" as detailed in City Manager Bruner’s memo dated January 21, 2009.

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

NAYS: None

MOTION CARRIED

029. Moved by Baker, seconded by Gumbleton, to appoint Mayor Covey and Councilwoman Baker to work with City staff on the RFP Committee as detailed in "RFP Timeline 2" of City Manager Bruner’s memo dated January 21, 2009.

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

NAYS: None

ABSENT FROM TABLE: Lennon

MOTION CARRIED

C. Consideration of Ordinance No. 1067 to rezone 642 East Nine Mile from M-1 (Light Industrial District) to C-2 (General Business District).

030. Moved by Baker, seconded by Gumbleton, adopt Ordinance No. 1067 to amend the Zoning Ordinance Map, set forth in the Zoning Ordinance, Ordinance No. 1004, rezoning 642 East Nine Mile Road, being lots 235 and 278 of Little Farms Subdivision and also the ½ of vacated East Troy Street adjacent to the same, from M-1 Light Industrial District to C-2 General Commercial District.

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

NAYS: None

ABSENT FROM TABLE: Councilmember Lennon

MOTION CARRIED

031. Moved by Baker, seconded by Gumbleton, to adopt the Electronic Mail Retention Policy as submitted.

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

NAYS: None

ABSENT FROM TABLE: Councilmember Lennon

MOTION CARRIED

7. COUNCIL LIAISON REPORTS - none

Tiffani Gagne commented that the City’s businesses should not be harassed by BAMN, stated there is no segregation or racism in Ferndale schools and asked if there is anything the City can do to protect its businesses and customers from being harassed.

Mayor Covey commented that the Ferndale City Council has no authority with the school district, and reported the Ferndale School Board will be considering, in February, whether or not to open the District to enrollment of students residing outside the District. Mayor Covey encouraged residents to read the recent Detroit News editorial regarding BAMN.

Kelly Onickel distributed a comparable market analysis of homes in the area of the proposed site of the SOS offices.

032. Fire Chief Schmidt reminded business owners that they are subject to fines if their snow removal contractors bury fire hydrants.

033. Chief of Police Kitchen reported the Department’s 48^th officer was sworn in this afternoon and noted he will introduce the three new police officers at the next council meeting. Chief Kitchen promoted the Blue BQ Rib Burn Off on January 31.

034. City Manager Bruner reported DDA Director Shepard-Decius will be working with City Attorney Christ to prepare an informational pamphlet for business owners detailing the rights and limitations of those exercising their right to free speech. City Manager Bruner clarified that SOS does not currently occupy space at the First Baptist Church of Ferndale, has not been issued a Building Permit, has not submitted a Site Plan application or a Special Land Use Permit application, so there is no issue before the City Council or administrative staff in regards to SOS. He commented that he, the City Attorney and CDS Director are discussing the situation and are taking the residents’ concerns seriously.

035. Councilwoman Baker commented that the only people who seem to get out of order when addressing their concerns to Council are the members of BAMN. Councilwoman Baker announced the First Annual Fundraising Dinner for the FernCare free clinic on April 2 at the Royal Oaks Elks. More information is available at www.FernCare.com.

036. Councilman Lennon encouraged participation in the Blood Drive on January 27 at the Kulick Center from 10:00 a.m. until 4:00 p.m. Councilman Lennon promoted the Blues Festival.

037. Councilwoman Gumbleton announced a Mardi Gras-themed Taste of Ferndale fundraiser for the Ferndale Community Foundation on February 24 at Via Nove. Councilwoman Gumbleton announced Senator Sander Levin will be holding a meeting at the Kulick Center on the topic of economic stimulus on January 29 at 1:00 p.m.

038. Moved by Councilman Galloway, supported unanimously to adopt the Resolution of Condolence to the family of Marie E. Weber.

ADOPTED UNANIMOUSLY

039. Councilman Galloway read a letter from Rev. Jim Maxwell, one of the founder of SOS and a current Board member, supporting the location of the SOS offices at First Baptist Church. He also read a letter from Kevin Roach, Director of SOS, as printed in Crains Detroit.

040. Mayor Covey commented that he opposes BAMN’s tactics and will be shopping at Western Market. He noted a letter Council received from Jean Spang with an opposite opinion from that expressed by Rev. Maxwell. Mayor Covey thanked DPW for their good work. Mayor Covey promoted the Blues Festival.

There being no objections, Mayor Covey adjourned the meeting at 9:15 p.m.

J. Cherilynn Tallman, City Clerk