City Council - June 22, 2009

Draft

FERNDALE CITY COUNCIL MEETING

Monday, June 22, 2009

A Regular Meeting of the Ferndale City Council was held Monday, June 22, 2009 at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:38 p.m.

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

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

Absent: Council Member Lennon

237. Moved by Councilwoman Baker, seconded by Councilwoman Gumbleton to excuse Councilman Lennon’s absence.

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

NAYS: None

MOTION CARRIED

3. APPROVAL OF AGENDA

238. Moved by Councilwoman Gumbleton, seconded by Councilwoman Baker, to approve the agenda as submitted.

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

A. Ferndale Community Foundation Grant Awards

Dan Martin, Ferndale Community Foundation, presented grant awards to the Fern Care free clinic, Beautification Commission, Historical Society, Ferndale Public Library, Ferndale Youth Assistance, Michigan’s Fallen and Oakland Human Services Agency.

B. Announcement of June 2009 Beautification Awards

Peggy Snow presented the following Beautification Awards for June 2009:

Commercial: Mobil Gas Station

22500 Woodward

Residential: Christina and John Bergasse

659 West Cambourne

Karen and Jason Ruthenberg

517 East Maplehurst

C. Year Four Energy Report

Derek Decker and Laurie Prena, Siemens Building Technologies, reported:

In 2004, the city contracted with Siemens Building Technologies, Inc., to replace obsolete and/or inefficient HVAC equipment in all municipal buildings, to retrofit 25 traffic signals with LED (light emitting diode) lamps, and to install pedestrian countdown timers.

The project’s cost of $984,152 is paid over 15 years through guaranteed energy and operational savings.

The contractually guaranteed energy savings for year four was $63,853; the actual was $102,084 (page three of Energy Report).

The City the last four years has reduced its fossil fuels consumption equal to removing 343 cars for one year

239. Moved by Councilman Galloway, seconded by Councilwoman Baker, that the Year-Four Energy Report, prepared by Siemens Building Technologies, Inc., be received and filed.

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

NAYS: None

MOTION CARRIED

D. Ferndale Public Schools

Jessica Scott-Stilger, Communication Specialist, provided an update on the activities and accomplishments of students in the Ferndale school district.

E. Downtown Development Authority (DDA)

Chris Hughes and Sharon Chess provided an overview of the organizational structure of the DDA and expounded on the Promotional Team’s accomplishments and plans.

5. PUBLIC HEARING

A. Request to transfer ownership of Class C licensed business, located at 141 W. Nine Mile, from Ferndale Lounge Associates, LLC to SIXX Events, LLC.

Mayor Covey opened the public hearing at 8:13 p.m., and, there being no comments, closed the public hearing at 8:14 p.m.

240. Moved by Councilwoman Baker, seconded by Councilman Galloway, to recommend to the Michigan Liquor Control Commission approval of the request from Sixx Events, LLC to transfer ownership of a 2008 Class C Licensed Business with Dance-Entertainment Permit, located at 141 W. Nine Mile, Ferndale MI 48220, Oakland County, from Ferndale Lounge Associates, L.L.C. to Sixx Events, LLC.

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

NAYS: None

MOTION CARRIED

6. CALL TO AUDIENCE

Melanie Piana relayed concerns from residents regarding code enforcement procedures and offered suggestions on no/low cost ways to close the information gap between City administration and the residents.

Jeanne Davis announced upcoming events for the Ferndale Seniors group.

Wyll Lewis, American Pop, announced plans for downtown sidewalk sales on July 25.

Greg Pawlica announced a free concert by the 338th Army Band at Martin Road Park on Friday, July 3 at 7:00 p.m. He also noted he will be announcing his candidacy for City Council at an event later in the week.

7. CONSENT AGENDA

Mayor Covey requested Items J & K be pulled from the Consent Agenda to be considered following the Regular Agenda.

241. Moved by Councilwoman Baker, seconded by Councilman Galloway, to approve the Consent Agenda as amended:

A. Approved the Minutes of the Regular Meeting held June 8, 2009.

B. Approved a 2% wage adjustment for full-time Administrative and Non-Union Employees, and part-time nonunion employees effective July 1, 2009.

C. Approved Non-Union Wage Adjustments for 43rd District Court Employees, effective July 1, 2009, as submitted by Honorable Joseph Longo, 43rd District Court Judge.

D. Approved Patrol Rifle Purchase Program to allow the City to purchase eight patrol rifles and various accessory items from Center Mass Inc. for the purchase price of $15,619.63 to be paid back through payroll deduction over the following 14 months by participating police personnel.

E. Approved the implementation of the Granicus Integrated Video/Data Management System with $6,800 for set up costs charged to Contractual Services, acct. #101-296-818; hardware and software costs of $9,000 charged to Capital Outlay, acct. #101-296-977; and monthly service fees charged to Repair/Maintenance, acct. #101-296-775.

F. Adopted Ordinance No. 1075 to amend Chapter 9, Fire Prevention and Protection, Article II, Fire Prevention Code, Section 9-21 Additions, Insertions and Changes of the Ferndale Code of Ordinances, and to adopt the resolution setting the fee schedule for operational permits, and to adopt the resolution setting the fee schedule for re-inspections.

G. Approved Resolution amending the City of Ferndale Policemen and Firemen Retirement System to comply with the Internal Revenue Code and related authority to maintain the qualified status of the defined benefit plan.

H. Adopted Resolution for the City’s request for reimbursement from Oakland County under the West Nile Virus Fund Program and authorized the City Clerk to sign it.

I. Adopted Resolution Granting a Concessionaires License to Clayton Bowers of New Dawn Gardenscapes to conduct a Farm Stand in the Parking Lot owned by Credit Union One at 443 E. Nine Mile Road.

L. 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, Baker, Mayor Covey

NAYS: None

MOTION CARRIED

8. REGULAR AGENDA

A. Consideration of Naming of Albany Pump Station

242. Moved by Councilwoman Baker, seconded by Councilman Galloway, to approve naming the water pump station at Albany and Livernois the "Jerald E. Allen Pump Station."

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

NAYS: None

MOTION CARRIED

B. Consideration of LED Lighting Project

243. Moved by Councilwoman Baker, seconded by Councilwoman Gumbleton, to approve the Amended Agreement with DTE Energy to install six 142-watt LED luminaries in the Withington parking lot, and to charge the installation expense of $4,018 to the Auto Parking Fund, Contractual Services, account no. 585-000-818.

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

NAYS: None

MOTION CARRIED

C. Consideration of Energy Efficiency Resolution

244. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to adopt the Resolution pledging that the City will work towards achieving goals related to energy improvement plans, sustainability, recycling, alternative energy, LEED certification, "green fleet", tree preservation and other energy conservation programs.

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

NAYS: None

MOTION CARRIED

D. Consideration of Five-City Trolley

245. Moved by Councilwoman Baker, seconded by Councilwoman Gumbleton, to support the Five-City Trolley with the Ferndale DDA with a contribution in the amount of $850.

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

NAYS: None

MOTION CARRIED

It was indicated by the DDA that it will be strongly marketed. Council requested that DDA report back to Council on the program after the Winter Ice Fest.

7. CONSENT AGENDA (continued)

J. Consideration of Resolution proclaiming PJ Jacokes as Ferndales Official Comedian for 2009.

246. Moved by Councilman Galloway, seconded by Councilwoman Baker, to adopt the Resolution Proclaiming PJ Jacokes as Ferndale’s Official Comedian for 2009

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

NAYS: None

MOTION CARRIED

K. Consideration of proposal of Abraham & Gaffney to audit the City’s fiscal year ending 2009 Financial Statements and provide a Single Audit report in the amount of $30,000 total.

247. Moved by Councilwoman Baker, seconded by Councilwoman Gumbleton, to accept the proposal of Abraham & Gaffney to audit the City’s fiscal year ending 2009 Financial Statements and provide a Single Audit report in the amount of $30,000 total.

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

NAYS: None

MOTION CARRIED

9. COUNCIL LIAISON REPORTS

A. 8 Mile Blvd. Association (8MBA). City Manager Bruner reported progress has been made with MDOT regarding the maintenance of the Eight Mile median. Mayor Covey announced the upcoming ground breaking ceremony for Shops at Gateway, located at Eight Mile and Woodward.

B. Michigan Suburbs Alliance (MSA). City Manager Bruner announced the kickoff meeting for the Southeast Regional Energy Office will be held on June 30th.

E. Transportation Riders United (TRU). City Manager Bruner announced the South Oakland kickoff meeting will be held on June 23 at the Kulick Center.

10. CALL TO COUNCIL

248. Recreation Director Hall promoted the Family Campout to be held June 27 and commended Jeanine Ingram, Personnel Technician, for her work on the City’s Relay for Life team.

249. City Manager Bruner recognized Jaynmarie Hubanks, Assistant City Manager/Finance Director, for her 20 year anniversary with the City and announced Administrative Assistant to the City Manager Shirley Ahlgrim’s birthday is this Thursday.

250. City Attorney Christ announced the closing on the American Legion property is scheduled for June 25.

251. Councilwoman Baker commended Jeanine Ingram for her work on Relay for Life. She also reported on Council’s earlier work session on long-term financial planning and suggested considering tax increment financing.

252. Councilwoman Gumbleton acknowledged The Bosco and Magic Bag for going completely smoke-free, and recommended new restaurant Inyo for the quality of the food and the presentation. She urged residents not to forget about currently available mass transit options such as the SMART bus and Amtrak.

253. Councilman Galloway noted the City has long history of careful conservation of resources and reported Council is continuing to plan ahead for the financially challenging years ahead. He reported he rode in a charitable bike ride in Detroit over the weekend and commented on how nice the city’s riverfront is.

254. Mayor Covey commended Veronica Lujic and area florists for their donations for the Gay Pride banquet and recognized four Ferndale residents who received awards. Mayor Covey commended Police Chief Kitchen and his department for tracking down the suspect in his home invasion. He voiced support for the people of Iran as they try to get justice from the recent election.

11. ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 9:05 p.m.

Craig Covey, Mayor

J. Cherilynn Tallman, City Clerk

ATTACHMENT A

CITY OF FERNDALE

RESOLUTION 2009 – 241(G)

Amending the City of Ferndale Policemen and Firemen Retirement System to comply with the Internal Revenue Code

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, Michigan 48220 on the 22nd day of June, 2009

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

Chapter XIXB of the Ferndale Charter establishes the City of Ferndale Policemen and Firemen Retirement System ("Retirement System"); and

Chapter XIXB provides for a Board of Trustee which is charged with general administration, management and responsibility for the proper operation of the Retirement System; and

The Board of Trustees has adopted a Resolution affirming its fiduciary duty to administer the Retirement System consistent with the plan provisions and applicable law, including applicable sections of the Internal Revenue Code and related authority to maintain a qualified plan status.

NOW, THEREFORE, BE IT RESOLVED, the Ferndale City Council supports and affirms the Board of Trustees’ administration of the Retirement System consistent with the plan provisions and all applicable law, including all applicable sections of the Internal Revenue Code, as amended, all applicable regulations and administrative authority.

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

NAYS: None

ABSENT: Council Member Lennon

RESOLUTION ADOPTED

ATTACHMENT B

CITY OF FERNDALE

RESOLUTION 2009 – 241(H)

Requesting reimbursement of eligible mosquito-control activity under

Oakland County’s West Nile Virus Fund Program

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, Michigan 48220 on the 22nd day of June, 2009

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

Upon the recommendation of the Oakland County Executive, the Oakland Board of Commissioners has established a West Nile Virus Fund Program to assist Oakland County cities, villages and townships in addressing mosquito control activities; and

Oakland County’s West Nile Virus Fund Program authorized Oakland County cities, villages and townships to apply for reimbursement of eligible expenses incurred for personal mosquito protection measures/activity, mosquito habitat eradication, mosquito larviciding or focused adult mosquito insecticide spraying in designated community green areas; and

The City of Ferndale, Oakland County, Michigan has incurred expenses for mosquito control activities believed to be eligible for reimbursement under Oakland County’s West Nile Virus Fund Program.

THEREFORE BE IT RESOLVED that the Ferndale City Council authorizes and directs its DPW Director as agent for the City of Ferndale, in the manner and to the extent provided under Oakland County Board of Commissioner Miscellaneous Resolution 03060, to request reimbursement of eligible mosquito-control activity under Oakland County’s West Nile Virus Fund Program.

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

NAYS: None

ABSENT: Council Member Lennon

RESOLUTION ADOPTED

ATTACHMENT C

CITY OF FERNDALE

RESOLUTION 2009 – 241(I)

GRANTING CONCESSIONAIRE LICENSE FOR CLAYTON BOWERS OF NEW DAWN GARDENSCAPES TO CONDUCT A FARM STAND AT 443 E. NINE MILE ROAD

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 22nd day of June, 2009

The following resolution was moved by Councilwoman Baker, and supported by Councilman Galloway:

On June 15, 2009, the City of Ferndale received an Application for Concessionaire License from Clayton Bowers of New Dawn Gardenscapes to conduct a farm stand in the parking lot owned by Credit Union One at 443 E. Nine Mile Road in Ferndale; and

The City of Ferndale has an ordinance regulating concessionaires and vendors seeking to operate vendor businesses in the Central Business District in the City of Ferndale; and

It is unlawful for any person to engage in the business of vending unless that person has obtained a license from the City Clerk and the applicant has provided evidence of an exemption from state sales tax pursuant to State of Michigan Food Law of 2000, section 289.4105, sub paragraph B1, as required by Section 7-71 (11) and other information required under the Ordinance.

IT IS RESOLVED, consistent with the Ferndale Code of Ordinances the applicant’s license to conduct a farm stand at 443 E. Nine Mile Road is approved.

IT IS FURTHER RESOLVED that the City Clerk shall issue a license to the applicant identifying the licensee and setting forth other information as provided in the Ordinance.

IT IS FURTHER RESOLVED that the vendor shall be allowed to engage in its proposed location as set forth in its application on Thursday evenings from 4:00 p.m. to 8:00 p.m. throughout the harvest season, beginning in early July and continuing roughly through the end of October.

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

NAYS: none

ABSENT: Council Member Lennon

RESOLUTION ADOPTED

ATTACHMENT D

CITY OF FERNDALE

RESOLUTION 2009 – 244

Michigan Green Communities Challenge

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, Michigan 48220 on the 22nd day of June, 2009

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

The City of Ferndale, Michigan wants to emphasize the benefits of energy efficiency and conservation; and

The City wants to demonstrate that energy efficiency and conservation practices can be applied to the daily governmental operations and to infrastructure projects; and

The City seeks to find methods of service delivery and operations that conserve energy and resources, saving taxpayer dollars and protecting and preserving the environment; and

The City recognizes that sound energy efficiency and conservation practices can reduce government costs over the long term; and

The City will lead by example to show the practicality and effectiveness of these practices; and

The City seeks to encourage its citizens and businesses to initiate stewardship activities that benefit the environment and their community.

THEREFORE, IT IS RESOLVED that the City of Ferndale accepts the Michigan Green Communities Challenge and pledges to work toward achieving the goals of the Basic Challenge over the next three years.

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

NAYS: None

ABSENT: Council Member Lennon

RESOLUTION ADOPTED

ATTACHMENT E

CITY OF FERNDALE

RESOLUTION 2009 – 246

Proclaiming PJ Jacokes as Ferndale’s Official Comedian for 2009

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 22nd day of June, 2009

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

In 2008 local comic PJ Jacokes opened Go Comedy in Ferndale to bring laughter and comedy improv to our residents and visitors to our City. PJ has been so dedicated to serving the community that he hosts a monthly unemployment night where out of work residents receive complimentary tickets to his shows; and

To honor PJ for his effort to generate smiles and optimism during these hard economic times Edy’s Slow Churned Ice Cream has awarded PJ with a $100,000 paycheck to pursue his American Dream as the winner of the national "Taste of Recovery" contest. He also is unveiling a special limited edition Edy’s Ice Cream flavor; and

The City of Ferndale applauds PJ Jacokes for his enthusiastic attitude; and

To show our City’s appreciation to PJ for his efforts to keep us laughing and lifting our spirits in these trying times, we, Ferndale’s elected officials, do hereby proclaim PJ Jacokes as Ferndale’s Official Comedian for 2009.

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

NAYS: None

ABSENT: Council Member Lennon

RESOLUTION ADOPTED