City Council - September 14, 2009

Draft

FERNDALE CITY COUNCIL MEETING

Monday, September 14, 2009

A Regular Meeting of the Ferndale City Council was held Monday, September 14, 2009 at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:35p.m.

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

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

Absent: None

3. APPROVAL OF AGENDA

322. Mayor Covey requested an item be added to the consent agenda to extend sick leave for CDS employee Denise Bourjaily.

Moved by Lennon, seconded by Gumbleton, to add the item as consent agenda item O.

Moved by Lennon, seconded by Baker, to approve the agenda as amended

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

NAYS: None

MOTION CARRIED

4. CALL TO AUDIENCE

• John Sterritt, Library Board member, discussed the Library renovations and the process the board used for contract allocations.
• Andy Meisner commented on the Library renovations and supported working families and the use of union labor.
• Greg Pawlica supported the use of union labor.
• Chris Johnston announced events happening during the DIY Street Fair on September 18-20.
• Cristina Sheppard-Decius, DDA Director, announced the Funky Ferndale Art Fair on September 19-20 and the Third Thursday event on Thursday, September 17.
• Mayor Covey welcomed Councilman Lennon back after his recent health crisis.
• David Coulter, Oakland County Commissioner, welcomed back Councilman Lennon and updated residents about activities of the County Commission including labor and budget negotiations at the county and the financial impact at the county level of the current economic climate.

5. CONSENT AGENDA

Items 5H and 5L were requested to be removed from the Consent Agenda to be considered following the Regular Agenda.

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

A. Approved the Minutes of the Regular Meeting held August 24, 2009.

B. Adopted Resolution proclaiming September 17, 2009 as Citizenship Day and September 17-23, 2009 as Constitution Week in the City of Ferndale.

C. Approved a Special Event Permit for the Ferndale Area Churches CROP Walk, on Sunday, October 11, 2009 from 2:00 – 5:00 p.m., along the route as submitted.

D. Confirmed reappointment of Stephen Kwasnik to the Construction Board of Appeals for a term ending June 30, 2012.

E. Approved filling of the budgeted and vacant Building Inspector position in the Community Development Department.

F. Approved the proposals by Tax Management Associates for conduct of audit at a cost of $7,500 per the terms of the quotation; approved the Summary Appraisal assignment from Baker Tilly Virchow Krause, LLP under the terms quoted for $16,000 plus the actual incidental expenses as outlined in the quotation, contingent upon incorporating the changes suggested per the City Attorney’s September 1, 2009 memo; and authorized the Assessor/Treasurer to sign the respective proposals to start the work in the order considered fit by the Assessor/Treasurer and charge account no. 101-257-818.

G. Approved contract with Insituform Technologies USA Inc., of Chesterfield, MO, to install 33,339 linear feet of cured-in-place pipe.

I. Approved the quote of $6,792 from Cynergy Wireless, 1463 Combermere Drive, Troy, to provide and install new radio consoles in eight police patrol cars, and to charge the expense to the Vehicle and Equipment Fund, Capital, account no. 661-977.

J. Authorized Rhodes Welding, Co., Ferndale, to repair four leaf vacuums at an estimated total time-and-material cost of $14,515 and to charge the expense to the Vehicle and Equipment Fund, Repair and Maintenance, account no. 661-000-775.

K. Awarded the CDS document scanning bid budgeted in FY 2010 in the amount of $3,9332.86 to Leonard Brothers Data Management, Ferndale, account number 101-371-818.

M. Approved the bid award for to LaVant Landscaping & Construction Services, Inc. at the base bid of $44,604.40 for the Ferndale Pedestrian Alley Improvement Project, charged to 248-000-977.

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

O. Approved the extension of sick leave for CDS employee Denise Bourjaily.

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

NAYS: None

MOTION CARRIED

6. REGULAR AGENDA

A. Consideration of 2009 Sidewalk Replacement Program

324. Moved by Lennon, seconded by Baker, that the Resolution to proceed with the 2009 Sidewalk Replacement Program next spring/summer be approved and that the City Clerk be authorized to sign said Resolution.

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

NAYS: None

MOTION CARRIED

Councilman Lennon left the Chambers at 8:13 p.m.

B. Consideration of Data Collection System and Water Meter Replacement Program

325. Moved by Baker, seconded by Gumbleton, to approve the fee proposal of $1,896,532 of Elster AMCO Water Inc., 1100 SW 38th Avenue, Ocala, Florida, for a fixed-network data-collection system and water-meter-replacement program, and to charge the expense to the Water and Sewer Fund, Capital, account number 592-000-977.

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

NAYS: None

ABSENT: Lennon

MOTION CARRIED

Councilman Lennon returned at 8:16 p.m.

C. Consideration of Appeal of FOIA Denial

326. Moved by Baker, seconded by Gumbleton, to affirm the denial by the FOIA Coordinator of the FOIA request by Kristine Davidson dated August 21, 2009.

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

NAYS: None

MOTION CARRIED

D. Consideration of Resolution to Utilize Labor Unions for all City-related construction projects

327. Moved by Galloway, seconded by Gumbleton, to adopt the Resolution requiring all successful construction project bidders on projects in excess of $100,000 to negotiate a mutually acceptable project labor agreement with an appropriate union, group of unions or trades councils with the following changes:

• To raise the amount to $350,000
• Add language in paragraph 1 to reference the inclusion of councils of building trades, carpenters unions and operating engineers
• That the Resolution be reviewed by the City Attorney at a later date
• That the RFP for the municipal building complex be tabled indefinitely until the building committee can review the Resolution and the RFP to possibly be revised;
• That model project labor agreement forms from other communities be given to the city manager as soon as possible for his review and consideration

Moved by Gumbleton, seconded by Galloway, to amend the motion from postponing the RFP indefinitely to October 12, 2009.

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

NAYS: None

MOTION CARRIED

To approve the main motion as amended:

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

NAYS: None

MOTION CARRIED

Councilman Lennon left the Chambers at 9:04 p.m.

E. Discussion of required City contribution to Police and Fire Pension Fund and impact on future city budgets

Assistant City Manager/ Finance Director Hubanks provided a report to Council and distributed a handout concerning the revised 5-year Pro Forma.

Councilman Lennon returned at 9:07 p.m.

5. CONSENT AGENDA (cont.)

H. Moved by Lennon, seconded by Gumbleton to approve purchase of nine 2010 Ford Crown Victorias under the State Extended Purchase Program from Ed Schmid Ford, of Ferndale, for $194,907, and to charge the expense to the Vehicle and Equipment Fund, Capital, account no. 661-000-977.

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

NAYS: None

MOTION CARRIED

L. Moved by Lennon, seconded by Baker to approve the bid of $15,895 from The Thomas Co. of Ferndale to replace the concrete driveway and approach of Fire Station No. 2, and to charge the expense to the Public Improvement Fund, Capital, account no. 245-000-977.

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

NAYS: None

MOTION CARRIED

7. COUNCIL LIAISON REPORTS

C. South Oakland County Mayors Association (SOCMA).

Mayor Covey commented on the SOCMA annual dinner held Wednesday, September 9 at Rosie O’Grady’s in Ferndale.

8. CALL TO COUNCIL

328. Resident Dennis Hoeppner commended the Police Chief and his officers for their hard work in breaking up a drug operation and noted the editorial from the Police Chief in Woodward Talk.

329. Police Chief Kitchen related August crime statistics, noting that most crimes showed a decrease since August of 2008. He requested that Samantha McKinney contact him so he could send her a thank you card.

330. DPW Director Photiades announced that for the month of November second recycling containers will be $6.00 instead of $12.00. He reported that according to SOCRRA Ferndale is one of only two communities that have increased their recycling rate. He indicated that West Troy Street between Woodward and Allen is being striped on Wednesday to add on-street parking. Signage will be put up to inform drivers of the change.  Councilman Galloway requested information on recycling compost—specifically food—and DPW Director Photiades commented on SOCRRA’s compost program. 

331. Deputy City Clerk McGrath Schmidt announced that absentee ballot applications were being sent out this week to voters who had requested to be on the permanent absentee voter list and that ballots would be distributed by the end of September. She further noted that the close of registration to vote in the November 3, 2009 election is Monday, October 5.

332. Councilwoman Gumbleton announced the Ferndale Community Foundation annual meeting September 17 at 6:00 p.m. at Paramount Bank. She asked the Police Chief if we have had any calls regarding the recent parking problems on West Troy and he indicated that enforcement has been stepped up.

333. Councilman Galloway encouraged residents to attend the charity lemonade stand at the DIY Street Fair.

334. Councilman Lennon asked about a water shut off notice a resident received for .53. Assistant City Manager Hubanks stated it is the policy to send a courtesy notice when a bill is not paid in full.

335. Councilwoman Baker announced that the City is leasing the new code enforcement vehicles from Enterprise to let residents know we are leasing as opposed to buying. She announced that teams of four are being sought for the Ferncare bowl-a-thon fundraiser on Saturday, November 21. She commended Ann Heler for her hard work in coordinating renovations at the Ferndale Free Clinic. Councilwoman Baker expressed her concerned about labor unions outpricing themselves.

336. Mayor Covey indicated he does not support the renovation of City Hall, but does support construction of new court and police facilities. He announced that the Ferndale Film Festival was highly attended and a very successful event and he credited Dean Bach for his efforts to coordinate the festival. He announced Pub Crawl donations were distributed to the Ferndale Community Foundation and Ferncare each in the amount of $2,000 and the Ferndale Police Auxiliary received a $1,000 donation. Mayor Covey announced he will be guest bartender at the New Way Bar on Tuesday, September 15 with tips go to the Steppin’ Out AIDS Walk. He indicated his cat, Gizmo, will be walking in the event again this year. Mayor Covey commended the council members on their professionalism during the meeting.

9. ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 9:45 p.m.

Craig Covey, Mayor

Marne McGrath Schmidt, Deputy City Clerk