1

The City of FerndaleAgenda

City Council MeetingMONDAY, MAY 13, 2019 @ 7:00 PM

CITY HALL, 300 E 9 MILE, FERNDALE, MI 48220

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

3. APPROVAL OF AGENDA

4. PRESENTATION

4.A. 2020 US Census Complete Count CommitteeConsideration that the City of Ferndale establishes a 2020 Census Complete CountCommittee to support the goals and ideals for the 2020 Census.Census2020 CCC Council Memo .docx

2020 US CENSUS Council Presentation Final.pptx

4.B. Oakland County Commissioner Helaine Zack

5. CALL TO AUDIENCE

6. PUBLIC HEARING

6.A. Public Hearing to consider for the proposed vacation of the easement in the vacated alleyat 1201 Woodward Heights as submit by the Planning ManagerCity staff recommends City Council conduct a public hearing in accordance with CityCharter Chapter XIII, Section 3, the Ferndale City Council and resolve that any easementpreviously reserved for utilities in the alley, which alley was vacated by the Ferndale CityCouncil [previously referred to as Commission] in 1947, in the City of Ferndale, County ofOakland, Stateof Michigan described and shown on the attached Exhibit 1 be vacated, discontinued orabolished;20190513-PH-1201 Woodward Heights Easement Vacation Packet.pdf

7. CONSENT AGENDA

7.A. Approval of the Regular and Special Meeting Minutes of April 22, 2019 as submitted byCity Clerk04-22-19 Council Minutes 1

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Special City Council - 22 Apr 2019 - Minutes

7.B. Adoption of the Resolution Recoginizing May 15 through June 15, 2019, as "TouretteSyndrome Awareness Month" in the City of Ferndale, as submitted by Mayor Pro TemPawlica2019 Tourette Syndrome Awareness Month

7.C. Adoption of Proclamation - May 13 - 18, 2019 as National Poppy Week, as submitted byCity Clerk2019 National Poppy Week.pdf

7.D. Approval to observe Wednesday, May 15, 2019 as Peace Officers' Memorial Day andproclaim the week of May 12, 2019 as National Police Week.Approval to observe Wednesday, May 15, 2019 as Peace Officers' Memorial Day andproclaim the week of May 12, 2019 as National Police Week.

7.E. Approval to review and accept the Employment Agreement for City Manager, JosephGaciochTo review and accept the Employment Agreement for City Manager, Joseph Gacioch

7.F. Approval of 2019 HIDTA Subrecipient Agreement between Oakland County and City ofFerndale, as submitted by Chief of Police I request approval to become a sub-grantee of the HITA grant and for the attachedagreement be signed by the Mayor.Ferndale - HIDTA Subgrant Agreement 2019.pdf

Resolution (2019.04.29) participation in HIDTA Subrecipient Agreement with OaklandCounty.docx

2019.04.29 ltr to Chief Palazzolo with Resolution.pdf

7.G. Approval to purchase two MSA brand gas monitors from Premier Safety of Chesterfield,MI for Fire Department operations at the cost of $6,401.00, to be charged to account #101-336-740-000, as submitted by Fire ChiefApprove the purchase of two MSA brand gas monitors from Premier Safety ofChesterfield, MI for Fire Department operations at the cost of $6,401.00, to be charged toaccount # 101-336-740-000Premier Safety Quote

7.H. Approval of the 2019 Rock’n Live Entertainment Performance Agreements andauthorization of the Mayor’s signature, as submitted by the Director of Special Events.Approval of the 2019 Rock’n Live Entertainment Performance Agreements andauthorization of the Mayor’s signature, as submitted by the Director of Special Events.2019 Council Action_Performance Agreements.pdf

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7.I. Approval of the easement agreement between the City and Ferndale9Living, LLC forSchiffer Park Improvements as submitted by Planning Managerapprove the execution of the easement agreement between the City and Ferndale9Living,LLC for Schiffer Park Improvements, as recommended by Planning Manager.2019.05.09 Easement Agreement with Exhibit.pdf

7.J. Approval of the bills and payrolls as submitted by the City Manager's Office and subjectto review by the Council Finance CommitteeN/A

8. REGULAR AGENDA

8.A. Consideration to appoint Joseph Gacioch as the City's SEMCOG alternate memberConfirm the appointment of Joseph Gacioch as the City's alternate SEMCOG member

8.B. Consideration of Off-Premise Tasting Room License approval for Traverse City WhiskeyRecommend approval to the Michigan Liquor Control Commission for an Off-PremisesTasting Room License for TCWC, LLC to be located at 22812 Woodward Ave, Suite 200,Ferndale, Michigan.PH - TCWC, LLC Off-Premises Tasting Room License.pdf

20190513-Payment In Lieu of Parking Supplemental.pdf

9. CALL TO COUNCIL

10. CLOSED SESSION

10.A. Closed Session for strategy and negotiation sessions connected with the negotiation of acollective bargaining agreement if either negotiating party requests a closed hearingpursuant to MCL 15.268, Sec. 8(c)

11. ADJOURNMENT

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May 13, 2019 Community & Economic Development

CITY OF FERNDALEREQUEST FOR COUNCIL ACTION

FROM: Adam Loomis

SUBJECT: 2020 US Census Complete Count Committee

INTRODUCTIONThe City of Ferndale is organizing a Us Census Complete Count Committee per the guidelines of US Censusbureau to maximize outreach and participation within the City of Ferndale for the upcoming 2020 Census.

SUMMARY & BACKGROUNDCity of Ferndale establishes a 2020 Census Complete Count Committee to support the goals and ideals for the2020 Census.

BUDGETARY CONTEXTN/A

CIP#N/A

ATTACHMENTSCensus2020 CCC Council Memo .docx

2020 US CENSUS Council Presentation Final.pptx

STRATEGIC PLANNING CONTEXTOrganizational and Financial Excellence

RECOMMENDED ACTIONConsideration that the City of Ferndale establishes a 2020 Census Complete Count Committee to support thegoals and ideals for the 2020 Census.

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Agenda No.

CITY OF FERNDALEREQUEST FOR COUNCIL ACTION

FROM: Adam Loomis, Assistant Building Official & David Movilla, GIS Technician

SUBJECT: 2020 US Census Complete Count Committee

SUMMARY:In late Summer of 2018, the US Census Bureau reached out to City staff to participate in the 2020 Census process. The United States Constitution requires that a census be conducted every 10 years. Census participation is important because it is used to draw legislative districts and in allocation of electoral votes. Over $675 billion in federal funds and state resources are distributed based on the census data. The City received $78,943 in CDBG funds in 2018 that could increase in 2021 with updated demographic data from the census. Although the US Census Bureau is housed under the Department of Commerce, it is a non-partisan organization. All respondent information is confidential and will not be shared with law enforcement organizations including ICE.

To ensure an accurate and complete count, the US Census Bureau reaches out to local governments to create Complete Count Committees to work with the local census office. CCCs are headed by the highest elected official of the municipality and are staffed by community leaders in education, business, media, community organizations, and faith-based organizations. Their familiarity with the allows them to implement a campaign that is tailored to the community that stresses the importance and credibility of the census. The 2020 census process is already under way with hiring pushes and local offices being set up. The local office responsible for Ferndale will be in Detroit.

ATTACHMENTS: CCC Taskforce description Establishment of Complete Count Committee Resolution Council PowerPoint Presentation

COUNCIL AGENDA DATE: April 22nd 2019

CITY ATTORNEY REVIEW: Date of Review

FINANCE DIRECTOR REVIEW: NA

CITY MANAGER REVIEW: Date of Review

RECOMMENDED ACTION:

MOTION by _______________, seconded by _______________, the City Council APPROVE/DENY that the City of Ferndale establishes a 2020 Census Complete Count Committee to support the goals and ideals for the 2020 Census.

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Us Census Complete Count CommitteeThe City of Ferndale is organizing a Us Census Complete Count Committee per the guidelines of US Census bureau to maximize outreach and participation within the City of Ferndale for the upcoming 2020 Census.

Complete Count Committees (CCC) are volunteer committees established by tribal, state, and local governments and community leaders or organizations to increase awareness and motivate residents to respond to the 2020 Census. CCCs serve as state and local “census ambassador” groups that play an integral part in ensuring a complete and accurate count of the community in the 2020 Census. Success of the census depends on community involvement at every level. The U.S. Census Bureau cannot conduct the 2020 Census alone.

The Mayor and City Council will nominate 8-10 residents and business owners to sit on the CCC representing diverse backgrounds within our community.

First meeting will be held on Monday, August at Ferndale City Hall 300 East 9 Mile Rd.Objectives of the Task Force:

Identify areas of the community that may be difficult to reach, and develop strategies to gain participation in the census, i.e.- renters, senior citizens, deployed military personnel. Build awareness of the census and its benefits and motivate response through social media, newsletters, and other communications.

Your Commitment: Attend and actively participate in a series of bi-monthly meetings from August – December 2019, and once monthly meetings January – May 2020 To be an advocate and information gatherer with your friends and neighbors to maximize participation in the census.

Our Commitment: To be prepared and transparent at every meeting To be respectful of your time and energy To ensure that each meeting is fruitful and provides movement forward To take your feedback seriously

Staff Liaisons: Chair, David Coulter, Mayor City of Ferndale Dave Movilla, GIS Technician: dmovilla@ferndalemi.gov 248 546 2525 ext. 106 Adam Loomis, Assistant Building Official: aloomis@ferndalemi.gov 248 336 4365 Justin Lyons, Planning Manager jlyons@ferndalemi.gov 248 336 4370

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RESOLUTION OF THE CITY OF FERNDALEAUTHORIZING THE ESTABLISHMENT OF A COMPLETE

COUNT COMMITEE (CCC) To ASSURETHE HIGHEST POSSIBLE PARTICIPATION IN THE 2O2O U.S. CENSUS

The U.S. Census Bureau is initiating efforts to assure a complete count for the 2020 Census as required under Article 1, Section 2 of the U.S. Constitution, with the key purpose to apportion the U.S. House of Representatives and allocate federal funds; and

The U.S. Census Bureau has provided guidelines to local communities to establish a Complete Count Committee (CCC) to educate, encourage, engage and promote the 2020 Census to their constituents; and

The U.S. Census Bureau guidelines recommend the CCC operations be governed by the Mayor and include leaders from the School District, Universities/Colleges, relevant government agencies, community organizations, faith-based organizations, business associations, State CCC representative, and regional associations; and

The initial members and chair of the complete count committee shall be appointed by the city council upon recommendation by the appointments committee; and

The complete count committee is authorized to appoint additional members as it sees fit; and

The census complete count committee shall terminate upon the completion of the data gathering portion of the 2020 census or Dec 31, 2020, whichever comes first.

NOW THEREFORE, BE IT RESOLVED that the City of Ferndale establishes a 2020 Census Complete Count Committee to support the goals and ideals for the 2020 Census.

Adopted at City of Ferndale, Michigan this day of

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WHAT IS THE CENSUS?WHY DO WE TAKE THE CENSUS?

The population totals from the census determine the number of seats each state has in the House of Representatives. States also use the totals to redraw their legislative and school districts.

The population totals also affect funding in your community, and data collected in the census help decision makers know how your community is changing.

The US Census is a count headcount that occurs every ten years of everyone that resides in the 50 individual states, Puerto Rico, and the Island Areas of the United

States.

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$675 BILLION IN FEDERAL FUNDS

Approximately $675 billion dollars of federal funding is available from the US Government every year. With complete and accurate

census data, areas of need can be better identified and receive more beneficial amounts of funding and aide.

In 2018 Ferndale received $78,943 in CDBG funds that could increase in 2021 with more accurate census data.

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HOW DOES FERNDALE BENEFIT FROM CENSUS PARTICIPATION?

Collected data helps identify needs for funding public service projects and programs:

• Affordable and public housing

• Yard services

• Domestic violence counseling and advocacy

• Homelessness prevention

• Financial education

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HOW DOES FERNDALE BENEFIT FROM CENSUS PARTICIPATION?

Collected data also plays a role in:

• Drawing Federal, state, and local legislative districts

• Planning for urban land use, transportation needs, and zoning outreach strategies

• Forecasting future housing needs

• Drawing boundaries for school districts

• Establishing emergency services routes and public safety programing strategies

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THE MAYOR AND COUNCIL NOMINATE RESIDENTS TO FORM A

COMPLETE COUNT COMMITTEE (CCC)

The CCC is an assembly of Ferndale residents and business owners that will meet regularly to create and plan strategies for community engagement to maximize participation in the 2020

Census. The CCC will build awareness of the census, its benefits, and motivate response through social media, newsletters, and

other communications.8

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JOIN THE 2020 US CENSUS TEAM&

THE FERNDALE CCC!

US Census Bureau is looking for people for full and part-time work. Visit 2020census.gov/jobs

If you are interested in nominating yourself or others for the Ferndale Complete Count Committee please contact: 2020census@ferndalemi.gov

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May 13, 2019 City Clerk

CITY OF FERNDALEREQUEST FOR COUNCIL ACTION

FROM: Marne McGrath

SUBJECT: Oakland County Commissioner Helaine Zack

INTRODUCTIONOakland County Commissioner Helaine Zack would like to address Council and the community

SUMMARY & BACKGROUND

BUDGETARY CONTEXTN/A

CIP#N/A

ATTACHMENTS

STRATEGIC PLANNING CONTEXTStrong Regional Partnerships

RECOMMENDED ACTION

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May 13, 2019 Community & Economic Development

CITY OF FERNDALEREQUEST FOR COUNCIL ACTION

FROM: Justin Lyons

SUBJECT: Public Hearing to consider for the proposed vacation of the easement in the vacated alley at1201 Woodward Heights as submit by the Planning Manager

INTRODUCTIONThe City has received a request to have an easement at 1201 Woodward Heights that was initially part of analley that was vacated by the City in 1947. 1201 Woodward Heights was approved for a multiple-familyresidential development in November 2018. As part of due diligence by the property owner, it was found thatan easement remained for future utilities from the alley vacation in 1947. The City typically reserves aneasement for future utilities in right-of-way vacation approvals.

SUMMARY & BACKGROUNDBased on a survey and City records, there are not existing utilities in the vacated alley and the area is notneeded in thefuture. City departments have reviewed the proposed vacation request and would not need access for utilities.As required by the City Charter, City Council approved a resolution on April 8, 2019 to set a public hearing forthe May 13, 2019 City Council meeting. The public hearing notice was published in the newspaper for twosuccessive weeks. Public utilities were notified of the public hearing and did express concerns with therequest. Chapter XIII. Streets and Sidewalks Section 3. [Vacation, discontinuance or abolishment] of the CityCharter requires the following:

“When the Council shall deem it advisable to vacate, discontinue or abolish any street, alley or other publichighway or any part thereof, they shall, by resolution, so declare and in the same resolution shall appoint atime, no less than four weeks thereafter, when they shall meet and hear objections thereto. Notice of suchmeeting, with a copy of said resolution, shall be published two successive weeks before the appointed time forsuch meeting, in a newspaper circulating in the City.”

City Council shall consider vacating the easement in the vacated alley in the City of Ferndale, County ofOakland, State of Michigan, described as follows:

The easement in the former North and South alley between Goodrich Ave and Grayson Ave from WoodwardHeights Boulevard to Sylvan located in blocks 3 and 4 Campbell’s addition to Urbanrest subdivision at parcelnumber 25-27-284-026.

BUDGETARY CONTEXTN/A

CIP#N/A 18

May 13, 2019 Community & Economic Development

ATTACHMENTS20190513-PH-1201 Woodward Heights Easement Vacation Packet.pdf

STRATEGIC PLANNING CONTEXTEconomic Prosperity

RECOMMENDED ACTIONCity staff recommends City Council conduct a public hearing in accordance with City Charter Chapter XIII,Section 3, the Ferndale City Council and resolve that any easement previously reserved for utilities in the alley,which alley was vacated by the Ferndale City Council [previously referred to as Commission] in 1947, in theCity of Ferndale, County of Oakland, State

of Michigan described and shown on the attached Exhibit 1 be vacated, discontinued or abolished;

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313.980.7164  |  www.FerndaleCondos.com  |  PO Box 663  |  Royal Oak, MI 48068  pg. 1 

Request to Vacate Easement 1201 Woodward Heights

1201 Woodward Heights LLC is requesting that City Council considers vacating the easement located at 1201 

Woodward heights property.  The easement goes through the proposed and approved 1201 WWH development 

of 19 – Townhouse style apartment units.  The utilities located in the easement have been relocated and the 

easement is no longer needed.   

 

Thank you for your consideration in this matter. 

Regards, 

Mike Mackool – 1201 Woodward Heights LLC 

 

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RESOLUTION

CITY OF FERNDALE

VACATING RESERVED EASEMENT

CITY OF FERNDALE, STATE OF MICHIGAN.

WHEREAS, at its _______________, 2019 regular meeting, after providing the required public notice and conducting a public hearing in accordance with City Charter Chapter XIII, Section 3, the Ferndale City Council resolves that any easement previously reserved for utilities in the alley, which alley was vacated by the Ferndale City Council [previously referred to as Commission] in 1947, in the City of Ferndale, County of Oakland, State of Michigan described and shown on the attached Exhibit 1 be vacated, discontinued or abolished; and WHEREAS, according to Michigan state statute, MCL §560.256, said resolution is effective upon recording at the Oakland County Register of Deeds within 30 days; and NOW, THEREFORE, BE IT RESOLVED: l. Any easement previously reserved in the alley for utilities, which alley was vacated by the Ferndale City Council [previously referred to as Commission] in 1947, in the City of Ferndale, County of Oakland, State of Michigan described and shown on the attached Exhibit 1 is declared to be vacated, discontinued and abolished. 2. The City Clerk is directed to, within thirty (30) days, record a certified copy of this resolution with the Oakland County Register of Deeds and send a copy to the Director of the State of Michigan Department of Energy, Labor and Economic Growth.

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3. Upon recording, this resolution shall have the force and effect of vacating, discontinuing and abolishing the easement previously reserved in the alley for utilities in the City of Ferndale, County of Oakland, State of Michigan described and shown on the attached Exhibit 1.

AYES:

NAYS:

RESOLUTION

I, Marne McGrath, City Clerk of the City of Ferndale, Oakland County, Michigan, certifies that this is a true and complete copy of a Resolution duly adopted by the City Council of the City of Ferndale at a meeting held on _____________2019, the original of which is on file in the City Clerk’s Office.

IN WITNESS WHEREOF, I have affixed my official signature on this ___ day of _________, 2019.

_____________________________________ Marne McGrath, City Clerk

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BENCHMARK

BENCHMARK

BENCHMARK

BENCHMARK

(45' W

ID

E)

GO

OD

RIC

H S

T.

(R.O.W. VARIES)

WOODWARD HEIGHTS

(50' W

ID

E)

GR

AY

SO

N S

T.

SCALE:

Part of the NE 1 4of Section 27T.1N. , R.11E.City of Ferndale,Oakland County, Michigan

Know what's belowCall before you dig.

R

1201 Woodward Heights LLCP.O. Box 663Royal Oak, MI 48068

1201 & 1225 Woodward HeightsCity of Ferndale,Oakland County, Michigan

SEAL

June 15, 2017

PROJECT

CLIENT

PROJECT LOCATION

SHEET

DATE ISSUED/REVISED

DRAWN BY:

DESIGNED BY:

APPROVED BY:

DATE:

NFcivil Engineers

Land Surveyors

Land Planners

ENGINEERS

sheet no.

K465NFE JOB NO.

NOWAK & FRAUS ENGINEERS

46777 Woodward Ave.

Pontiac, MI 48342-5032

Tel. (248) 332-7931

Fax. (248) 332-8257

06-15-18 client review

06-20-18 s.p.a.

09-21-18 s.p.a.

10-23-18 s.p.a.

TOPOGRAPHIC SURVEY NOTES

T1

Topographic Survey

NF

N

Site

Location Map

1" = 20'01020 10 20 30

NF

N

C. Ellison

B. Buchholz

B. Buchholz

PROPERTY DESCRIPTION

LEGEND

12-12-18 ISSUED FOR owner REVIEW

12-14-18 ISSUED FOR ENG. REVIEW

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BENCHMARK

BENCHMARK

BENCHMARK

BENCHMARK

(45' W

ID

E)

GO

OD

RIC

H S

T.

(R.O.W. VARIES)

WOODWARD HEIGHTS

(50' W

ID

E)

GR

AY

SO

N S

T.

PROPOSED ONE-STORY

MULTI-FAMILY APARTMENT BLDG.

20 UNITS

11,450 SQUARE FEET FOOTPRINT

FINISH FLOOR 639.75

·

·

·

3

8

21

(R.O.W. VARIES)

WOODWARD HEIGHTS

GR

AY

SO

N S

T.

PROPOSED ONE-STORY

MULTI-FAMILY APARTMENT BLDG.

20 UNITS

11,450 SQUARE FEET FOOTPRINT

FINISH FLOOR 639.75

PAVING LEGEND

LEGEND

Overall Site Plan

SCALE:

Part of the NE 1 4of Section 27T.1N. , R.11E.City of Ferndale,Oakland County, Michigan

Know what's belowCall before you dig.

R

1201 Woodward Heights LLCP.O. Box 663Royal Oak, MI 48068

1201 & 1225 Woodward HeightsCity of Ferndale,Oakland County, Michigan

SEAL

June 15, 2017

PROJECT

CLIENT

PROJECT LOCATION

SHEET

DATE ISSUED/REVISED

DRAWN BY:

DESIGNED BY:

APPROVED BY:

DATE:

NFcivil Engineers

Land Surveyors

Land Planners

ENGINEERS

sheet no.

K465NFE JOB NO.

NOWAK & FRAUS ENGINEERS

46777 Woodward Ave.

Pontiac, MI 48342-5032

Tel. (248) 332-7931

Fax. (248) 332-8257

06-15-18 client review

06-20-18 s.p.a.

09-21-18 s.p.a.

10-23-18 s.p.a.

C1

NF

N

Site

Location Map

1" = 20'01020 10 20 30

NF

N

C. Ellison

B. Buchholz

B. Buchholz

WOODWARD HEIGHTS SETBACK LINE REVIEW

SITE DATA SEE SHEET C1 FOR SITE PROPERTY DESCRIPTION

PARCELS I.D.: 25-27-284-010 (0.344 ACRES)

25-27-284-020 (0.354 ACRES)

TOTAL SITE AREA: 0.698 ACRES

ZONING: MXD-2 (MIXED USE 2)

PROPOSED BUILDING:

(1) BUILDINGS @ 11,450 S.F. FOOTPRINT = 11,450 S.F. TOTAL

20 UNITS TOTAL

REQUIRED PARKING:

1.5 SPACES PER DWELLING UNIT +1 SPACE PER 10 UNITS FOR GUEST PARKING

= (1.5 SPACES x 20 UNITS) + (20/10) = 30+2 = 32 SPACES REQ.

PROVIDED PARKING:

TOTAL PARKING PROVIDED = 32 SPACES (INCL. 2 A.D.A. PARKING SPACES)

DWELLING DENSITY:

20 UNITS / 0.698 ACRES = 28.7 UNITS / ACRE

REFUSE COLLECTION NOTE

SITE LIGHTING NOTE

DIRECTIONAL ARROW SYMBOL DETAIL

PAVEMENT MARKING & SIGN QUANTITIES TABLE

12-12-18 ISSUED FOR owner REVIEW

BARRIER FREE PARKING SIGN DETAIL

RESERVED

PARKING

TYPICAL R7-8 BARRIER FREE

PARKING SIGN DETAIL

VAN

12-14-18 ISSUED FOR ENG. REVIEW

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BENCHMARK

BENCHMARK

BENCHMARK

BENCHMARK

(45' W

ID

E)

GO

OD

RIC

H S

T.

(R.O.W. VARIES)

WOODWARD HEIGHTS

(50' W

ID

E)

GR

AY

SO

N S

T.

// // // // // // // // // // // // // // // // //

SCALE:

Part of the NE 1 4of Section 27T.1N. , R.11E.City of Ferndale,Oakland County, Michigan

Know what's belowCall before you dig.

R

1201 Woodward Heights LLCP.O. Box 663Royal Oak, MI 48068

1201 & 1225 Woodward HeightsCity of Ferndale,Oakland County, Michigan

SEAL

June 15, 2017

PROJECT

CLIENT

PROJECT LOCATION

SHEET

DATE ISSUED/REVISED

DRAWN BY:

DESIGNED BY:

APPROVED BY:

DATE:

NFcivil Engineers

Land Surveyors

Land Planners

ENGINEERS

sheet no.

K465NFE JOB NO.

NOWAK & FRAUS ENGINEERS

46777 Woodward Ave.

Pontiac, MI 48342-5032

Tel. (248) 332-7931

Fax. (248) 332-8257

06-15-18 client review

06-20-18 s.p.a.

09-21-18 s.p.a.

10-23-18 s.p.a.

DEMOLITION NOTES

C2

Demolition Plan

NF

N

Site

Location Map

1" = 20'01020 10 20 30

NF

N

C. Ellison

B. Buchholz

B. Buchholz

LEGEND

////////////////

UTILITY NOTE

THE LOCATIONS AND ELEVATIONS OF SOME OF THE

EXISTING UNDERGROUND UTILITIES AS SHOWN ON THE

SURVEY DRAWING WERE OBTAINED FROM MUNICIPAL

AND UTILITY COMPANY RECORDS AND MAPS.

THEREFORE, NO GUARANTEE IS EITHER EXPRESSED OR

IMPLIED AS TO THE COMPLETENESS OR ACCURACY

THEREOF. THE CONTRACTOR SHALL BE RESPONSIBLE

FOR DETERMINING THE EXACT UTILITY LOCATIONS AND

ELEVATIONS PRIOR TO THE START OF CONSTRUCTION.

DEWATERING NOTE:

GROUNDWATER INFORMATION FOR THIS SITE IS

UNKNOWN. THE CONTRACTOR SHALL ASSUME

GROUNDWATER WILL BE ENCOUNTERED DURING

EXCAVATIONS, AND SHALL BE RESPONSIBLE FOR

IMPLEMENTING LAWFUL MEANS & METHODS TO REMOVE

AND/OR CONTROL GROUNDWATER IN ORDER TO

CONSTRUCT THE PROJECT.

ELECTRIC RELOCATION &

RECONFIGURATION NOTE:

DEMOLITION

ESTIMATED QUANTITIES

12-12-18 ISSUED FOR owner REVIEW

12-14-18 ISSUED FOR ENG. REVIEW

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RESOLUTION CITY OF FERNDALE

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 ______ day of April, 2019 The following resolution was moved by , and seconded by :

Portions of alley in the City of Ferndale, County of Oakland, State of Michigan, described and shown in the attached Exhibit 1 was previously vacated by the Ferndale City Council [previously referred to as Commission] in 1947 reserving an easement for utilities; and The City of Ferndale has determined that there are no utilities in the reserved easement and there is no need to reserve the easement for public utilities in the vacated alley and the City of Ferndale deems it advisable such easement should be vacated, discontinued or abolished; and

The Ferndale Charter provides that Council schedule a time not less than four weeks thereafter to hear objections and provide notice of the meeting.

NOW, THEREFORE, BE IT RESOLVED, Council directs that a Public Hearing be scheduled for not less than four weeks hereafter and that notice of the meeting, with a copy of this resolution, be published two successive weeks before the scheduled time for the public hearing in a newspaper circulating in the City.

MOTION CARRIED

I, Marne McGrath, City Clerk of the City of Ferndale, certify that this is a true and compared copy of a Resolution duly made and passed by the Ferndale City Council at a meeting held April ___, 2019

_ Marne McGrath, City Clerk

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MINUTESCity Council MEETING

April 22, 2019 City Hall, 300 E 9 Mile, Ferndale, MI 48220 7:00 PM

COUNCIL PRESENT: Council Member Leaks-MayCouncil Member MartinCouncil Member PianaMayor Pro Tem Pawlica Mayor Coulter

COUNCIL ABSENT:

1 PLEDGE OF ALLEGIANCE

2 ROLL CALL

3 APPROVAL OF AGENDA

Moved by Council Member Dan Martin, Seconded by Mayor Pro Tem Greg Pawlica to approve the agenda as presented

For Against AbstainedMayor David Coulter xCouncil Member Dan Martin (Moved By)

x

Mayor Pro Tem Greg Pawlica (Seconded By)

x

Council Member Melanie Piana xCouncil Member Raylon Leaks-May x

5 0 0

MOTION CARRIED.

4 PRESENTATION

a) Fire Department Promotions of John Schwall from Sgt. to Lt. and Dennis Barr from FF to Sgt.

Interim Fire Chief Pesha introduced the promotions of Sgt. John Schwall to Lieutenant 28

City Council April 22, 2019

and Firefighter Dennis Barr to Sergeant.

b) 2019 Garden Club Scholarship Award - Toby Weber

Mayor Coulter recognized Toby's achievements and congratulated him on his scholarship.

c) FYE2020 DDA Budget

DDA Deputy Director Willcock and DDA Board Chair Smith presented the DDA budget with a focus on the fiscal review of the next two years of the requested budget.

Moved by Council Member Dan Martin, Seconded by Council Member Raylon Leaks-May to approve the DDA budget for FY 2019-20 as presented

For Against AbstainedMayor David Coulter xCouncil Member Dan Martin (Moved By)

x

Mayor Pro Tem Greg Pawlica xCouncil Member Melanie Piana xCouncil Member Raylon Leaks-May (Seconded By)

x

5 0 0

MOTION CARRIED.

5 CALL TO AUDIENCE

Tim Risk thanked Mayor Coulter for his 9 years of service and suggested Council adopting a Community Benefits Ordinance. Lyle Weekly noted the work being done in Wanda Park and asked about the parking plan being considered to accommodate the higher usage. Evelyn Elster expressed her concerns about the quality of life in the community and removal of trees. Joanne Willcock, treasurer of Memorial Association, invited the community to attend the May 27 Memorial Day parade. Rebecca Hammond expressed concern about inconsistencies in tree removal rationale and the care of City trees. Sharon Chess expressed appreciation for the opportunity to speak her mind on City issues. Louise Asher asked for the placement of no skateboarding signs in the downtown area noting danger to pedestrians.

29

City Council April 22, 2019

Dan Moyer announced the upcoming Drayton Ave Coop Preschool Auction at the Renaissance Vineyard Church and questioned why the City entered into an ENRA with Baker College and when did discussions begin. Mayor Coulter responded to Mr. Moyer's question about when discussions with Baker began, noting Baker cold called the DDA sometime last year to ask about development in the City. An unidentified speaker expressed concerns about bicycle safety. Mike Steidmann asked Council to consider an ordinance requiring realtors to clearly explain the uncapping of taxable value to prospective buyers.

6 PUBLIC HEARING

a) Consideration of Off-Premise Tasting Room License approval for Traverse City Whiskey

Mayor Coulter opened the public hearing at 8:08pm Rifino Valentine, owner of Valentine Distilling, expressed concern about complicated and possibly conflicting liquor licensing provisions regarding the placement of two facilities in the same footprint. Sharon Chess asked how the mortarium factors into things and how do taxes get assessed. Jackie Smith, DDA Chair, noted the Board felt pressured to approve the request because all the boxes were checked legally. Mayor Coulter closed the public hearing at 8:17pm City Attorney Christ noted this is a new type of license authorized by a public act in late 2018. Council had questions about payment in lieu of parking, the use of Como's kitchen for food, the possible transfer of spirits between different licensed facilities, the potential intensified use of the property, and whether this use was part of the site plan originally presented to the Planning Commission. Interim City Manager Gacioch noted staff would attempt to get the questions answered and bring back the request at the next council meeting.

b) Triennial budget for FYE’s 2020, 2021, and 2022 Budget and Consideration to Adopt

Interim City Manager Gacioch and Finance Director Stubblefield presented the three 30

City Council April 22, 2019

year projected budget and strategic plan overview. Mayor Coulter opened the public hearing at 9:13pm

There were no audience members wishing to speak.

Mayor Coulter closed the public hearing at 9:13pm

Moved by Council Member Dan Martin, Seconded by Mayor Pro Tem Greg Pawlica to adopt the Triennial Budget for Fiscal years 2020, 2021, and 2022, as submitted by the City Manager on April 22, 2019

For Against AbstainedMayor David Coulter xCouncil Member Dan Martin (Moved By)

x

Mayor Pro Tem Greg Pawlica (Seconded By)

x

Council Member Melanie Piana xCouncil Member Raylon Leaks-May x

5 0 0

MOTION CARRIED.

Moved by Council Member Dan Martin, Seconded by Mayor Pro Tem Greg Pawlica to adopt the appropriations resolution setting the tax rates, water and sewer rates, and sanitation fees for Fiscal year 2020, as submitted by the City Manager on April 22, 2019

For Against AbstainedMayor David Coulter xCouncil Member Dan Martin (Moved By)

x

Mayor Pro Tem Greg Pawlica (Seconded By)

x

Council Member Melanie Piana xCouncil Member Raylon Leaks-May x

5 0 0

MOTION CARRIED.

7 CONSENT AGENDA

a) Approval of the Meeting Minutes of April 8, 2019 as submitted by City Clerk

31

City Council April 22, 2019

b) Approval of the proclamation declaring May 2019 as Mental Health Month as submitted by City Clerk

c) Approval of the Special Event Permit for the “Crohn’s & Colitis Fundraiser Fest” on Sunday, May 19, 2019 at Harding Park,

d) Approval of the observance of Memorial Day with the 101st Annual Memorial Day Parade, to be held on May 27, 2019, as organized by the Ferndale Memorial Association, and authorize the Mayor’s signature of the Agreement as submitted by Director of Special Events & Projects

e) Approval of the Resolution recognizing Team Guts as a nonprofit organization operating in the community for the purpose of securing a Charitable Gaming License for their fundraiser on September 20, 2019 as submitted by Deputy City Clerk

f) Approval of the purchase and installation of the Ultra Nexus HD media server from Sound Planning in the amount of $11,682.44 from account number 296-000-977-000 as submitted by Interim City Manager

g) Approval of the purchase of an asphalt recycler and hot box for $27,752.21 from Falcon Asphalt Repair Equipment and that the expense be charged to Local Streets Fund, Capital Outlay, Account Number 203-000-977 as submitted by DPW Administrative Manager

h) Approval of the extension of the agreement with Watch Guard in the amount of $3,500.00, from account #101-301-775 as submitted by Police Chief

i) Approval for the Mayor or the Finance Director to sign paperwork needed to finance the 2019 Dump Truck for 5 years, at $50,197.94 (3.091% interest) for a total amount financed of $250,989.70 to be charged to the DPW Capital vehicle account 101-441-977.500 as submitted by Finance Director

j) Approval of the bills and payrolls as submitted by the City Manager's Office and subject to review by the Council Finance Committee

Moved by Council Member Raylon Leaks-May, Seconded by Council Member Dan Martin to approve the Consent Agenda as presented.

For AgainstMayor David Coulter xCouncil Member Dan Martin (Seconded By)

x

Mayor Pro Tem Greg Pawlica xCouncil Member Melanie Piana xCouncil Member Raylon Leaks-May (Moved By)

x

5 0

MOTION CARRIED.32

City Council April 22, 2019

8 REGULAR AGENDA

a) Consideration to appoint Leah Deasy to the Board of Review

Moved by Council Member Dan Martin, Seconded by Council Member Raylon Leaks-May to confirm the appointment of Leah Deasy to the Board of Review for a term ending December 31, 2020

For Against AbstainedCouncil Member Dan Martin (Moved By)

x

Council Member Raylon Leaks-May (Seconded By)

x

Mayor David Coulter xMayor Pro Tem Greg Pawlica xCouncil Member Melanie Piana x

5 0 0

MOTION CARRIED.

b) Baker College ENRA Acknowledgement

CED Director Twardy provided an overview of the correspondence from Acquest Realty on behalf of Baker College noting irreconcilable differences with Baker and the City due to conflicting priorities.

Council Member Leaks-May thanked the community, city staff, and everyone who participated in the process.

Council Member Martin thanked staff and the community for their engagement in the process, noted he agreed to pursue the ENRA because he thought there may be some benefit to the community and we owed it to the community to explore the options, noted that intensified community engagement could improve the process, and stated a willingness to say no if the project doesn't fit but that responding during the process is not appropriate, and expressed the frustration about not being able to have the discussions the public was asking for.

Mayor Pro Tem Pawlica echoed Council Member Martin's sentiments, noted the ENRA is not an agreement to protect the City's interest but is requested by a developer to protect their interests, expressed concern that considering a Community Benefits Ordinance was that ordinances are more restrictive and leave less flexibility to view each project on its own merits, and noted that the need to clarify the process for the public.

Council Member Piana thanked residents for participating, appreciated the 33

City Council April 22, 2019

opportunity to comment, shared Council Member Martin's frustration about not being able to have public discussions during the process, noted staff did review the city of Detroit's ordinance in lieu of having one and looked at how the benefits might balance the lack of tax revenue, noted the lessons learned and thanked Baker for recognizing the character and quality of Ferndale.

Mayor Coulter stated the ENRA was frustrating for all parties while noting most serious partners are not going to talk to a community without an exclusive period to discuss projects, suggested there may be ways to improve the process, and noted this was not a project he would have supported in the end, but thanked the staff team for leading the discussion.

9 CALL TO COUNCILCED Director Twardy echoed the mayor and council's comments thanking the community for their input, noted due diligence was serious and all viewpoints were valued. Interim Fire Chief Pesha noted a fire at Courtesy Cleaners will keep them out of business for a while, and that insurance investigations require keeping people's property that may be on the site. Recreation Specialist Johnson announced upcoming parks and recreation events. Communications Director Sokol announced Bike Month activities coming up in May. Interim City Manager Gacioch responded to a previous question about the ENRA with Versa indicating both parties agreed on 150 business days to negotiate which was coming up in June and noted lots of time and investment by both parties to support the project. City Attorney Christ addressed a resident's concern about skateboarding on sidewalks, noting it is prohibited on sidewalk and skateboarders are required to yield right of way to pedestrians. Council Member Martin announced the upcoming FernCare annual dinner at the Detroit Yacht Club. Council Member Leaks-May hoped everyone had a great holiday and noted that the council had chickens named after them over the weekend. Mayor Coulter congratulated the James senior living facility on their ribbon cutting last week.

10 ADJOURNMENT

There being no further business the meeting was adjourned at 9:56pm

34

City Council April 22, 2019

David Coulter, Mayor

Marne McGrath, City Clerk

35

MINUTESCity Council MEETING

April 22, 2019 City Hall, 300 E 9 Mile, Ferndale, MI 48220 6:00 PM

COUNCIL PRESENT: Mayor CoulterCouncil Member Leaks-May (arrived 6:05pm)Council Member MartinCouncil Member PianaMayor Pro Tem Pawlica

COUNCIL ABSENT:

1 ROLL CALL

2 CLOSED SESSION

a) To review and consider the contents of an application for employment or appointment to a public office if the candidate requests that the application remain confidential. However, except as otherwise provided in this subdivision, all interviews by a public body for employment or appointment to a public office shall be held in an open meeting pursuant to this act, pursuant to MCL 15.268(f)

Moved by Council Member Dan Martin, Seconded by Mayor Pro Tem Greg Pawlica to enter into closed session to review and consider the contents of an application for employment or appointment to a public office if the candidate requests that the application remain confidential. However, except as otherwise provided in this subdivision, all interviews by a public body for employment or appointment to a public office shall be held in an open meeting pursuant to this act, pursuant to MCL 15.268(f)

For Against AbsentMayor David Coulter xCouncil Member Dan Martin (Moved By)

x

Mayor Pro Tem Greg Pawlica (Seconded By)

x

Council Member Melanie Piana xCouncil Member Raylon Leaks-May x

4 0 1

MOTION CARRIED.36

City Council April 22, 2019

Moved by Mayor Pro Tem Greg Pawlica, Seconded by Council Member Raylon Leaks-May to reconvene into open session

MOTION CARRIED.

3 ADJOURNMENT

There being no further business the meeting was adjourned at 7:10pm

David Coulter, Mayor

Marne McGrath, City Clerk

37

A RESOLUTION PROCLAIMING MAY 15-JUNE 15, 2019 AS TOURETTE SYNDROME AWARENESS MONTH IN FERNDALE

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 13th day of May 2019, the following resolution was moved, and supported:

An estimated 3 in every 1,000 children 6 to 17 years of age in the United States are diagnosed with Tourette syndrome; and

Tourette syndrome is defined as a group of childhood-onset, neurodevelopmental conditions, known collectively as tic disorders, which becomes evident in early childhood or adolescence; and

Individuals with Tourette syndrome are affected by tics which are involuntary, rapid, sudden movements or vocalizations that occur repeatedly; and

Individuals with Tourette syndrome face periodic changes in the nature, frequency and severity of their tics, without forewarning; and

Individuals with Tourette syndrome frequently have co-occurring conditions that complicate their care and diagnosis and cause more impairment than the tics themselves, including attention deficit disorder, attention deficit hyperactivity disorder, obsessive-compulsive disorder, mood disorders, learning disabilities, handwriting difficulties, executive function disorder and sensory processing disorder; and

Tourette syndrome has historically been misinterpreted and considered to be a condition of emotional disturbance instead of a condition of chemical biology; and

Children with Tourette syndrome are often disciplined for manifestations of their disability by educators who fail to understand that the child is unable to control their tics and that the child may be delayed in their maturity and emotional responses; and

Individuals with Tourette syndrome face discrimination while dealing with their unpredictable disorder; and

Individuals with Tourette syndrome are intelligent and capable of great contributions to society when given the proper supports; and

Understanding this disorder will help guarantee hope for acceptance and a better future for individualswith Tourette syndrome; therefore, be it

RESOLVED, That the Mayor and Council recognize May 15 through June 15, 2019, as "Tourette Syndrome Awareness Month" in the City of Ferndale; and be it further

RESOLVED, that the City of Ferndale acknowledge the needs of individuals with neurological impairment and urge all residents to support Tourette syndrome awareness and education in order to assist those individuals and families who deal with this neurobiological disorder every day.

ADOPTED UNANIMOUSLY

I, Marne McGrath, City Clerk of the City of Ferndale, certify that this is a true and compared copy of a Resolution duly made and passed by the Ferndale City Council at a meeting held Monday, May 13, 2019.

___________________________________Marne McGrath, City Clerk 38

May 13, 2019 City Clerk

CITY OF FERNDALEREQUEST FOR COUNCIL ACTION

FROM: Barb Miller

SUBJECT: Adoption of Proclamation - May 13 - 18, 2019 as National Poppy Week, as submitted by CityClerk

INTRODUCTIONAdoption of Proclamation - May 13 - 18, 2019 as National Poppy Week

SUMMARY & BACKGROUNDAdoption of Proclamation - May 13 - 18, 2019 as National Poppy Week

BUDGETARY CONTEXTN/A

CIP#N/A

ATTACHMENTS2019 National Poppy Week.pdf

STRATEGIC PLANNING CONTEXTSafe, Protected, Engaged Community

RECOMMENDED ACTION

39

C I T Y O F F E R N D A L E P R O C L A M A T I O N

N A T I O N A L P O P P Y W E E KM A Y 1 3 - 1 8 , 2 0 1 9

The week of May 13 - 18, 2019 will have special national significance because of its designation as NATIONAL POPPY WEEK, a period when the emphasis is on raising funds for a broad project of unquestionable merit; and

Americans enthusiastically support this annual tribute to their war dead, which provides funds for the rehabilitation and increased comfort of those deserving disabled veterans of all wars; and

This "Flower of Remembrance" again will be handled by the American Legion and the VFW Veterans with its Auxiliary Units.

NOW, THEREFORE, I, David W. Coulter, Mayor of the City of Ferndale, officially declare and proclaim May 13 - 19, 2019 as NATIONAL POPPY WEEK in the City of Ferndale, and urge all citizens to support this sale, which has great significance for the living victims of war.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Ferndale to be affixed this 13th day of May in the year of our Lord two thousand and nineteen.

_________________________________ David W. Coulter, Mayor

40

May 13, 2019 Police Department

CITY OF FERNDALEREQUEST FOR COUNCIL ACTION

FROM: Dennis Emmi

SUBJECT: Approval to observe Wednesday, May 15, 2019 as Peace Officers' Memorial Day andproclaim the week of May 12, 2019 as National Police Week.

INTRODUCTIONResolution, proclaiming Wednesday, May 15, 2019 as Peace Officers' Memorial Day and the week of May 12,2019 as National Police Week.

SUMMARY & BACKGROUNDThe Congress and President of the United States have designated May 15th as Peace Officers' Memorial Dayand week in which May 15th falls as National Police Week.

It is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of theirlaw enforcement agency and that all members of our law enforcement agency recognize their duty to serve thepeople by safeguarding life and property by protecting them against violence and disorder, and by protectingthe innocent against deception and the weak against oppression.

I ask Council to call upon all citizens of Ferndale, and upon all patriotic, civic and educational organizations toobserve Wednesday, May 15, 2019 as Peace Officers' Memorial Day in honor of those law enforcementofficers who, through their courageous deeds, have made the ultimate sacrifice in service to their communityor have become disabled in the performance of duty, and let us recognize and pay respect to the survivors ofour fallen heroes.

BUDGETARY CONTEXTN/A

CIP#N/A

ATTACHMENTS

STRATEGIC PLANNING CONTEXTSafe, Protected, Engaged Community

RECOMMENDED ACTIONApproval to observe Wednesday, May 15, 2019 as Peace Officers' Memorial Day and proclaim the week ofMay 12, 2019 as National Police Week.

41

May 13, 2019 Human Resources

CITY OF FERNDALEREQUEST FOR COUNCIL ACTION

FROM: Dan Jacey

SUBJECT: Approval to review and accept the Employment Agreement for City Manager, Joseph Gacioch

INTRODUCTIONIn a closed session on April 30, 2019, the City Council unanimously approved the selection of Joseph Gaciochas City Manager. Attached is the negotiated employee agreement for Joseph Gacioch.

SUMMARY & BACKGROUNDIn February, 2019, the City began working with a recruiter from GovHR to pursue the search for a City Manager.The City received applications from 46 qualified candidates. City Council reviewed the applications in closedsession at the applicants requests with the recruiter, GovHR, and Human Resources Director Dan Jacey, andwere impressed with the quality of candidates who were interested in the Ferndale City Manager position. CityCouncil unanimously approved the selection of Joseph Gacioch as City Manager. City Council worked throughthe committee to secure the recommended negotiated employee agreement with Joseph Gacioch.

BUDGETARY CONTEXTThe salary negotiated is part of the pay structure previously approved by City Council.

CIP#NA

ATTACHMENTS

STRATEGIC PLANNING CONTEXTOrganizational and Financial Excellence

RECOMMENDED ACTIONTo review and accept the Employment Agreement for City Manager, Joseph Gacioch

42

May 13, 2019 Police Department

CITY OF FERNDALEREQUEST FOR COUNCIL ACTION

FROM: Vincent Palazzolo

SUBJECT: Approval of 2019 HIDTA Subrecipient Agreement between Oakland County and City ofFerndale, as submitted by Chief of Police

INTRODUCTIONOvertime reimbursement for our officers assigned to the Oakland County Narcotics Enforcement Team (NET)thru the Federal “High Intensity Drug Trafficking Area” (HITA) grant

SUMMARY & BACKGROUNDThe City of Ferndale has received overtime reimbursement for our officers assigned to the Oakland CountyNarcotics Enforcement Team (NET) thru the Federal “High Intensity Drug Trafficking Area” (HITA) grant forpast 17 years. These funds are intended to reimburse local communities for expenditures related to allnarcotics investigations in a location designated as a High Intensity Drug Trafficking Area. Unlike in past years, to participate in the reimbursement, the City of Ferndale must become a sub-recipient ofthe HIDA grant awarded to Oakland County from the Federal Government.

BUDGETARY CONTEXTThe City of Ferndale would be reimbursed $4,600 for NET officer overtime. Account #101-301-523.000

CIP#N/A

ATTACHMENTSFerndale - HIDTA Subgrant Agreement 2019.pdf

Resolution (2019.04.29) participation in HIDTA Subrecipient Agreement with Oakland County.docx

2019.04.29 ltr to Chief Palazzolo with Resolution.pdf

STRATEGIC PLANNING CONTEXTSafe, Protected, Engaged Community

RECOMMENDED ACTION I request approval to become a sub-grantee of the HITA grant and for the attached agreement be signed bythe Mayor.

43

2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN

OAKLAND COUNTY AND

CITY OF FERNDALE

Page 1 of 11 Rev. April 2019

PROGRAM YEAR 2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)

SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND CITY OF FERNDALE

Data Universal Numbering System (DUNS) #: 059905505 This Agreement is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County") and City of Ferndale, 300 E. Nine Mile Rd., Ferndale, MI 48220, a Michigan Municipal Corporation ("Municipality"). The County and Municipality shall be collectively referred to as the “Parties.” PURPOSE OF AGREEMENT. The Parties enter into this Agreement for the purpose of delineating their relationship and responsibilities regarding the County’s use of Grant funds (defined below) to reimburse the Municipality for overtime expenses that it incurred related to its participation in the Oakland County Narcotic Enforcement Team (“N.E.T.”), a multijurisdictional drug enforcement task force under the direction and supervision of the Oakland County Sheriff’s Office (“OCSO”). Under the Parties’ separate N.E.T. agreement, the Municipality is responsible for providing a full-time employee for participation in N.E.T. and for all costs associated with that employment, including overtime.

The County, as the legal entity that administers N.E.T., submitted an Initiative Description and Budget Proposal (Exhibit A) to the Executive Board for Michigan HIDTA requesting the United States Office of National Drug Control Policy (“ONDCP”) to grant N.E.T an award of $115,000.00 for program year (PY) 2019 to reimburse N.E.T. participating agencies for eligible law enforcement officer overtime. PY 2019 begins January 1, 2019 and ends December 31, 2019.

If ONDCP grants N.E.T. an award for PY 2019, the ONDCP disburses the HIDTA grant funds to the Michigan State Police (“MSP”). To receive the Grant funds for overtime costs, N.E.T. must submit requests for reimbursement with the required supporting documentation to Michigan HIDTA. If Michigan HIDTA approves the N.E.T. overtime reimbursement requests, the MSP should distribute the Grant funds to County on behalf of N.E.T. The County has the authority to allocate a portion of the Grant funds to reimburse the Municipality for qualifying overtime costs subject to the terms and conditions of this Agreement.

In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following:

1. DEFINITIONS. The following terms, whether used in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows.

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2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN

OAKLAND COUNTY AND

CITY OF FERNDALE

Page 2 of 11 Rev. April 2019

1.1. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County or Municipality, or the County’s or Municipality’s agents or employees, whether such claim is brought in law or equity, tort, contract, or otherwise.

1.2. Grant funds mean the funds that may be awarded to the County and the other participating agencies in N.E.T. pursuant to Michigan HIDTA Initiative Description and Budget Proposal Version 2019 (Exhibit A) submitted to Michigan HIDTA by County on behalf of itself and the other participating agencies in N.E.T.

2. EXHIBITS. The Exhibits listed below are incorporated and are part of this Agreement.

2.1. Exhibit A – Michigan HIDTA Initiative Description and Budget Proposal Version 2019.

2.2. Exhibit B - Template Request for HIDTA Overtime Reimbursement (Locals to County). 2.3. Exhibit C – Sample letter regarding notification of current overtime pay rate.

2.4. Exhibit D – Sample overtime slip, signed by the officer’s supervisor that supports each

Request for HIDTA Overtime Reimbursement.

2.5. Exhibit E – Sample paystub or payroll report that supports each Request for HIDTA Overtime Reimbursement.

3. FEDERAL AWARD PROJECT DESCRIPTION.

3.1. Catalog of Federal Domestic Assistance (“CFDA”) #: 95.001

3.2. Federal Awarding Agency: United States Office of National Drug Control Policy (“ONDCP”)

3.3. Program: High Intensity Drug Trafficking Areas (HIDTA)

3.3.1. HIDTA Objective: To reduce drug trafficking and drug production in the United States by: (A) facilitating cooperation among Federal, State, local, and tribal law enforcement agencies to share information and implement coordinated enforcement activities; (B) enhancing law enforcement intelligence sharing among Federal, State, local, and tribal law enforcement agencies; (C) providing reliable law enforcement intelligence to law enforcement agencies needed to design effective enforcement strategies and operations; and (D) supporting coordinated law enforcement strategies which maximize use of available resources to reduce the supply of illegal drugs in designated areas and in the United States as a whole.

3.4. Period of Performance: January 1, 2019 through December 31, 2019.

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2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN

OAKLAND COUNTY AND

CITY OF FERNDALE

Page 3 of 11 Rev. April 2019

3.5. The Federal Award Identification Number (FAIN) is provided in the HIDTA Grant Agreement between ONDCP and MSP, which is incorporated into this Agreement by reference.

4. USE OF HIDTA FUNDS.

4.1. The total amount of the federal award for overtime costs committed to the Municipality and obligated by this action by the County to the Municipality is not to exceed $4,600.00 for each participating law enforcement officer. That amount is based on the number of N.E.T participating agencies and eligible law enforcement officers at the time this Agreement was executed by both Parties. If the number of N.E.T participating agencies and/or eligible law enforcement officers changes during the term of this Agreement, the total amount of the federal award for overtime costs committed to the Municipality and obligated by this action by the County to the Municipality amount may change as funds are available on a pro rata basis. Such commitment and obligation for overtime costs is contingent upon the ONDCP awarding the Grant funds to N.E.T and the MSP reimbursing the County.

4.2. The County will reimburse the Municipality up to $4,600.00 for each participating law enforcement officer for qualifying N.E.T.-related overtime. That amount is based on the number of N.E.T participating agencies and eligible law enforcement officers at the time this Agreement was executed by both Parties. If the number of N.E.T participating agencies and/or eligible law enforcement officers changes during the term of this Agreement, the maximum reimbursement amount may change as funds are available on a pro rata basis. Such reimbursement shall only be made after the supporting documentation is submitted by the Municipality and approved by the County, as described in Paragraph 5.1. Such reimbursement is contingent upon the ONDCP awarding the grant funds to N.E.T and the MSP reimbursing the County.

4.2.1. HIDTA funds shall be used to pay overtime only if the overtime was performed in support of a HIDTA-designated Enforcement initiative or Intelligence and information Sharing Initiative. HIDTA funds shall not be used to pay overtime related to training attendance, financial management, drug treatment, drug demand reduction or prevention, or non-investigative related administrative work.

4.2.2. No HIDTA funds shall be used to supplant the Municipality’s funds that would otherwise be made available for the same purposes.

4.3. There is no research and development performed pursuant to this Agreement.

4.4. No indirect costs shall be charged or reimbursed under performance of this Agreement.

5. REIMBURSEMENT OF ELIGIBLE NET OVERTIME.

5.1. To request reimbursement for eligible N.E.T. overtime costs, the Municipality shall submit to the County the documentation described in the following subparagraphs no later than thirty (30) days after PY 2019 has expired. If the County, in its sole discretion, determines that the

46

2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN

OAKLAND COUNTY AND

CITY OF FERNDALE

Page 4 of 11 Rev. April 2019

documentation submitted by the Municipality does not reconcile, then the Municipality shall provide any additional documentation requested by the County in order to process payment.

5.1.1. A fully completed and signed Request for HIDTA Overtime Reimbursement attached as Exhibit B.

5.1.2. A letter substantively similar to the sample letter regarding notification of current overtime pay rate attached as Exhibit C.

5.1.3. Overtime slips, signed by the officer’s supervisor, that support each Request for HIDTA Overtime Reimbursement. The overtime slips shall be substantively similar to the sample overtime slip attached as Exhibit D.

5.1.4. The paystub or payroll report that supports each Request for HIDTA Overtime Reimbursement. The paystub or payroll report shall be substantively similar to the sample paystub attached as Exhibit E.

5.2. County will only reimburse Municipality for approved overtime costs after County has received the Grant funds from MSP for that particular reimbursement request.

6. GENERAL COMPLIANCE.

6.1. The Municipality shall comply with to 28 C.F.R. Part 69 (New Restrictions on Lobbying) and 2 C.F.R. Part 25 (Universal Identifier and System of Award Management).

6.2. The Municipality shall comply with the Government-wide Suspension and Debarment provision set forth at 2 CFR Part 180.

6.3. The Municipality shall perform all activities in accordance with The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200 (the “Part 200 Uniform Requirements”), as adopted and implemented by the Office of National Drug Control Policy (ONDCP) in 2 C.F.R. Part 3603. For this award, the Part 200 Uniform Requirements supersede, among other things, the provisions of 28 C.F.R. Parts 66 and 70, as well as those of 2 C.F.R. Parts 215, 220, 225, and 230.

6.4. The Municipality shall comply with ONDCP’s HIDTA Program Policy and Budget Guidance, all other applicable Federal, state, and local laws and regulations, and the terms and conditions contained in this Agreement.

6.5. The Municipality shall comply with all applicable requirements for subrecipients that are provided in the HIDTA Grant Agreement between ONDCP and MSP. The HIDTA Grant Agreement between ONDCP and MSP will be provided to the Municipality within a reasonable time after the County receives a copy of it.

6.6. As specified in the HIDTA Program Policy and Budget Guidance, the Municipality must:

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2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN

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Page 5 of 11 Rev. April 2019

6.6.1. Establish and maintain effective internal controls over the Federal award that provides reasonable assurance that Federal award funds are managed in compliance with Federal statutes, regulations and award terms and conditions. These internal controls should be in compliance with the guidance in “Standards for Internal Control in the Federal Government,” issued by the Comptroller General of the United States and the “Internal Control Integrated Framework,” issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO).

6.6.2. Comply with Federal statutes, regulations, and the terms and conditions of the Federal awards.

6.6.3. Evaluate and monitor compliance with applicable statute and regulations, and the terms and conditions of the Federal award.

6.6.4. Take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings.

6.6.5. Take reasonable measures to safeguard protected personally identified information (PII) and other information ONDCP or the Municipality designates consistent with applicable Federal, state, and local laws regarding privacy and obligations of confidentiality.

7. FINANCIAL ACCOUNTABILITY AND AUDIT REQUIREMENTS.

7.1. The Municipality shall maintain standards of financial accountability that conform to 2 C.F.R. §200.302 (Financial Management) and 2 C.F.R. §200.303 (Internal Controls).

7.2. The Municipality shall comply with audit requirements contained in 2 C.F.R. Part 200, Subpart F, which requires the Municipality to have an annual audit conducted within nine (9) months of the end of their fiscal year, if the Municipality has an aggregate expenditure of more than $750,000 in federal funds in a fiscal year. Any deficiencies noted in audit reports must be fully cleared by the Municipality within thirty (30) days after receipt of same. The Grant funds spent by the County on behalf of the Municipality for training expenses shall be included on the Schedule of Expenditures of Federal Awards if the Municipality is required to have a single audit performed. Municipalities that are exempt from the Single Audit requirements that receive less than $750,000 of total Federal funding must submit a Financial Statement Audit prepared in accordance with Generally Accepted Auditing Standards (“GAAS”) if the audit includes disclosures that may negatively impact the HIDTA program including, but not limited to fraud, financial misstatements, and violations of any contract or grant provisions. The County shall have the right to review and audit all records of the Municipality pertaining to any payment by the County.

8. CONFLICT OF INTEREST.

8.1. The Municipality shall comply with the following ONDCP conflict of interest policies:

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8.1.1. As a non-Federal entity, you must maintain written standards of conduct covering conflicts of interest and governing the performance of your employees engaged in the selection, award, and administration of subawards and contracts.

8.1.2. None of your employees may participate in the selection, award, or administration of a subaward or contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an organization considered for a sub- award or contract. The officers, employees, and agents of the non-Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from subrecipients or contractors or parties to subawards or contracts.

8.1.3. If you have a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian tribe, you must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, you are unable or appear to be unable to be impartial in conducting a sub-award or procurement action involving a related organization.

9. MANDATORY DISCLOSURE.

9.1. As a non-Federal entity, the Municipality must disclose, in a timely manner, in writing to ONDCP all violations of Federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Federal award. Non-Federal entities that have received a Federal award that includes the term and condition outlined in 200 CFR Part 200, Appendix XII “Award Term and Condition for Recipient Integrity and Performance Matters,” are required to report certain civil, criminal, or administrative proceedings to System for Award Management (SAM). Failure to make required disclosures can result in remedies such as: temporary withholding of payments pending correction of the deficiency, disallowance of all or part of the costs associated with noncompliance, suspension, termination of award, debarment, or other legally available remedies outlined in 2 CFR 200.338 “Remedies for Noncompliance”.

10. RECORD RETENTION.

10.1. The Municipality shall comply with the record retention provisions of 2 C.F.R. 200.333 (Retention requirements for records).

10.2. The Municipality should, whenever practicable, collect, transmit, and store Federal award-related information in open and machine readable formats rather than in closed formats or on paper in accordance with 2 C.F.R. 200.335 (Methods for collection, transmission and storage of information).

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11. ACCESS TO RECORDS.

11.1. The Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the County, or any of their authorized representatives, have the right of access to any documents, papers, or other records of the Municipal entity which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the Municipality's personnel for the purpose of interview and discussion related to such documents. The right of access to the Municipality’s records is not limited to the required retention period but last as long as the records are retained.

11.2. The Municipality shall permit the County and auditors to have access to the Municipality’s records and financial statements as necessary for the County to meet the requirements of 2 C.F.R. Part 200.

12. TERM.

12.1. This Agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the Agreement is filed according to MCL 124.510. The approval and terms of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. This Agreement shall end on December 31, 2019.

13. ASSURANCES.

13.1. Each Party shall be responsible for its own acts and the acts of its employees and agents, the costs associated with those acts, and the defense of those acts.

13.2. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein.

13.3. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, laws, and requirements applicable to its activities performed under this Agreement.

14. TERMINATION OF AGREEMENT.

14.1. This Agreement may be terminated in whole or in part as follows:

14.1.1. by the County, if the Municipality fails to comply with the terms and conditions of this Agreement;

14.1.2. by the County for cause;

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OAKLAND COUNTY AND

CITY OF FERNDALE

Page 8 of 11 Rev. April 2019

14.1.3. by the County with the consent of the Municipality, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated;

14.1.4. by the Municipality upon sending to the County written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the County determines in the case of partial termination that the reduced or modified portion of the subaward will not accomplish the purpose for which this Agreement was made, the County may terminate the Agreement in its entirety.

14.2. The County must provide to the Municipality a notice of termination. Written suspension or notice of termination will be sent to the Municipality’s business address. If this Agreement is terminated or partially terminated, both the County and the Municipality remain responsible for compliance with the requirements at 2 CFR 200.343 Closeout and 2 CFR 200.344 Post-closeout Adjustments and Continuing Responsibilities.

15. CLOSEOUT.

15.1. The County shall close-out this Agreement when it determines that all applicable administrative actions and all required work under this Agreement have been completed by Municipality.

15.2. The Municipality shall comply with the closeout provisions of 2 C.F.R. 200.343 (Closeout).

16. POST-CLOSEOUT ADJUSTMENTS AND CONTINUING RESPONSIBILITIES.

16.1. The closeout of this Agreement does not affect any of the following:

16.1.1. The right of County to disallow costs and recover funds on the basis of a later audit or other review. The County must make any cost disallowance determination and notify the Municipality within the record retention period;

16.1.2. The obligation of the Municipality to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments;

16.1.3. Audit requirements in Subpart F—Audit Requirements of 2 C.F.R. Part 200.

16.1.4. Records retention as required in Subpart D—Post Federal Award Requirements of this part, §200.333 Retention requirements for records through §200.337 Restrictions on public access to records.

17. REMEDIES FOR NONCOMPLIANCE.

17.1. If the Municipality fails to comply with federal statutes, regulations, or the terms and conditions of this Agreement, the County may impose additional conditions, as described in 2 CFR §200.207 Specific Conditions. If the County determines that noncompliance cannot be

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remedied by imposing additional conditions, the County may take one or more of the following actions, as appropriate in the circumstances:

17.1.1. temporarily withhold cash payments pending correction of the deficiency by the Municipality or more severe enforcement action by the County;

17.1.2. disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance;

17.1.3. wholly or partly suspend or terminate the Agreement;

17.1.4. recommend that the Federal awarding agency initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal awarding agency regulations;

17.1.5. withhold further funds for the project or program;

17.1.6. take other remedies that may be legally available.

18. NO THIRD-PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity.

19. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law.

20. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates, and governmental authorizations necessary to carry out its obligations and duties pursuant to this Agreement.

21. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties.

22. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party.

23. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.

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No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement.

24. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force.

25. CAPTIONS. The section and subsection numbers and captions in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers and captions shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires.

26. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail.

26.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Board of Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy to Oakland County Sheriff’s Office, Sheriff Fiscal Officer, 1200 N. Telegraph, Bldg. 38E, Pontiac, Michigan 48341.

26.2. If Notice is sent to the Political Subdivision, it shall be addressed to: City of Ferndale.

26.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change.

27. CONTACT INFORMATION.

County of Oakland

Lieutenant Brent Miles Investigative & Forensic Services Division Narcotics Enforcement Team Office: 248-858-1722 Fax: 248-858-1754 Email: milesbr@oakgov.com

City of Ferndale

28. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan, without regard to Michigan’s conflict of laws provisions.

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29. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, rescissions, waivers, or releases to this Agreement must be in writing and executed by both Parties.

30. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding between the Parties. This Agreement supersedes all other oral or written agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party.

IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of Commissioners, acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement, and hereby accepts and binds the County to the terms and conditions of this Agreement. EXECUTED: ____________________________________ DATE: ______________ David T. Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: _____________________________________ DATE: _______________ Printed Name: Title: IN WITNESS WHEREOF, _______________________, acknowledges that he/she has been authorized by a resolution of the Municipality’s governing body, a certified copy of which is attached, to execute this Agreement, and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED: ____________________________________ DATE: ______________ Printed Name: Title: WITNESSED: _____________________________________ DATE: _______________ Printed Name: Title:

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CITY OF FERNDALERESOLUTION

REGARDING PARTICIPATION IN THE HIGH INTENSITY DRUG TRAFFICKING AREA (“HIDTA”) SUBRECIPIENT AGREEMENT

A regular meeting of the City Council of the City of Ferndale, County of Oakland, State

of Michigan, on the ___________________________ , at _______ o’clock p.m.

PRESENT: Members ___________________________________________________________

The following resolution was offered by Councilmember ___________, supported by

Councilmember _______________.

Oakland County Narcotic Enforcement Team (“N.E.T.”) is a multijurisdictional drug

enforcement task force under the direction and supervision of the Oakland County Sheriff’s

Office (“OCSO”); and

Oakland County, as the legal entity that administers N.E.T., submitted a Budget Proposal

to the Executive Board for Michigan HIDTA requesting the United States Office of National

Drug Control Policy (“ONDCP”) grant N.E.T. an award for program year 2019 to reimburse

N.E.T. participating agencies for eligible law enforcement officer overtime; and

The City of Ferndale is a participant in the N.E.T. task force and would like to participate

in overtime reimbursement eligibility for its eligible law enforcement officer overtime; and

NOW, THEREFORE, IT IS RESOLVED that the Mayor and Council of the City of

Ferndale authorize the Mayor to execute the HIDTA Subrecipient Agreement between the

County of Oakland and City of Ferndale for program year 2019.

YEAS: _________________________________________________________________

NAYES: ________________________________________________________________

ABSENT: _______________________________________________________________

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-2-

RESOLUTION DECLARED ADOPTED.

_________________________ Marne McGrath, City Clerk

I certify that the foregoing is a true and complete copy of a resolution adopted by the City

Council of the City of Ferndale, County of Oakland, State of Michigan, at a regular meeting held

this ___ day of _____________, 2019, and that the meeting was pursuant to and in full

compliance with Act No. 267, Public Acts of Michigan, 1976, and that the minutes of said

meeting have been kept and made available as required by said Act.

__________________________ Marne McGrath, City Clerk

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May 13, 2019 Fire Department

CITY OF FERNDALEREQUEST FOR COUNCIL ACTION

FROM: Jack Pesha

SUBJECT: Approval to purchase two MSA brand gas monitors from Premier Safety of Chesterfield, MI forFire Department operations at the cost of $6,401.00, to be charged to account #101-336-740-000, as submitted by Fire Chief

INTRODUCTIONThe attached quote from Premiere Safety is for the purchase of two MSA brand 5 gas sensor monitors to beplaced on apparatus. These monitors will replace two existing Sensit 4 gas monitors that will be taken out ofservice. These monitors are used to detect hazardous gases on emergency scenes and in hazardousconditions. These monitors are budgeted to be replaced on an annual rotational basis.

SUMMARY & BACKGROUNDThe attached quote from Premiere Safety is for the purchase of two MSA brand 5 gas sensor monitors to beplaced on apparatus. These monitors will replace two existing Sensit 4 gas monitors that will be taken out ofservice. These monitors are used to detect hazardous gases on emergency scenes and in hazardousconditions. These monitors are budgeted to be replaced on an annual rotational basis.

BUDGETARY CONTEXTThe expense will be charged to account # 101-336-740-000

CIP#

ATTACHMENTSPremier Safety Quote

STRATEGIC PLANNING CONTEXTSafe, Protected, Engaged Community

RECOMMENDED ACTIONApprove the purchase of two MSA brand gas monitors from Premier Safety of Chesterfield, MI for FireDepartment operations at the cost of $6,401.00, to be charged to account # 101-336-740-000

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46400 CONTINENTAL DR CHESTERFIELD, Ml 48047-5206

PH 586-840-3200 FX 586-840-3201 BILL TO

11002020 FERNDALE FIRE DEPT 1635 LIVERNOIS ST FERNDALE, Ml 48220-1827

QUOTE DATE 05/03/19

I EXPIRE DATE 06/02/19

l REQUIRED DATE

PREPARED BY

7

REFERENCE NUMBER

CONTACT

Quotation

SHIP TO

!FERNDALE FIRE DEPT 1635 LIVERNOIS ST FERNDALE, Ml 48220-1827

PAYMENT TERMS NET 30 DAYS

SHIP VIA

7

JOHN MORGAN PH 724-522-1416 SGT JOHN SCHWALL UPS GROUND FREIGHT TERMS PREPAY & ADD

PRODUCT/DESCRIPTION

MSM-AL T5X-DLKF11 C01 MSA AL TIAIR 5X KIT (02/LEL/CO/

*MISC ITEM MSM-AL T5XBLK100C010 MSA ALTAIR 5X, LEL/CO/O2/H2S/HCN, COLOR DISPLAY, SAMPLING PROBE KIT

FOB

I QUANTITY

SALES PERSON IAN GRIFFITH

I PRICE I U/M I EXTENSION

3872.95 EA 3,872.95

2528.05 EA 2,528.05

Prices quoted by Argus-Hazco include our start-up services during which your people will be instructed regard ing the manufacturers recommendations for the proper use, care, calibration and maintenance of the equipment being purchased. In addition , we can assist you with sales, leasing, rental , trai ning, repair, asset management and indu strial hygiene consulting services. We are on the W eb at www.argus-hazco.com. You might be interested in one of our newest services "Live Tech" where you can communicate on-line and observe our technical staff provide directio n and

assistance.

MERCHANDISE TOTAL TAX FREIGHT/HANDLING QUOTE TOTAL

6,401.00 0.00 0.00 6,401.00

Accepted. By: _ _______ _ __ _

Date: _____ _ _

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May 13, 2019

CITY OF FERNDALEREQUEST FOR COUNCIL ACTION

FROM: Barb Miller

SUBJECT: Approval of the 2019 Rock’n Live Entertainment Performance Agreements and authorizationof the Mayor’s signature, as submitted by the Director of Special Events.

INTRODUCTIONApproval of the 2019 Rock’n Live Entertainment Performance Agreements and authorization of the Mayor’ssignature, as submitted by the Director of Special Events.

SUMMARY & BACKGROUNDApproval of the 2019 Rock’n Live Entertainment Performance Agreements and authorization of the Mayor’ssignature, as submitted by the Director of Special Events.

BUDGETARY CONTEXTN/A

CIP#N/A

ATTACHMENTS2019 Council Action_Performance Agreements.pdf

STRATEGIC PLANNING CONTEXTHealthy, Connected, and Invested Neighborhoods

RECOMMENDED ACTIONApproval of the 2019 Rock’n Live Entertainment Performance Agreements and authorization of the Mayor’ssignature, as submitted by the Director of Special Events.

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No. Agenda

CITY OF FERNDALE REQUEST FOR COUNCIL ACTION

FROM:

SUBJECT:

DATES:

Michael C. Lary, Director of Special Events

2019 ROCK’N LIVE ENTERTAINMENT AGREEMENTS

August 15, 16 & 17, 2019

SUMMARY & BACKGROUND:

The Rock’n Live Entertainment stage is where the sounds of classic rock’n roll are performed by Michigan based bands on August 15 - 17, 2019 during the 25th Annual Woodward Dream Cruise, to be located in downtown Ferndale, on West Nine Mile Rd at Woodward Avenue.

As part of the production, and to maintain a high-quality entertainment show, the Director of Special Events recruits and negotiates a compensated performance agreement with each band to secure a commitment to the promoted event and its performance schedule.

The Director of Special Events request the approval of the attached Rock’n Live Performance Agreements, and authorize the signature of the Mayor to bind the terms of the agreements.

ATTACHMENTS: 2019 Performance Agreements

COUNCIL AGENDA DATE: May 13, 2019 CITY ATTORNEY REVIEW: FINANCE DIRECTOR REVIEW: CITY MANAGER REVIEW:

n/a n/a April 22, 2019

RECOMMENDED ACTION: Moved by , seconded by , to approve the attached 2019 Rock’n Live Entertainment Performance Agreements and authorization of the Mayor’s signature, as submitted by the Director of Special Events.

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FERNDALE

2019 FERNDALE DREAM CRUISE

PERFORMANCE AGREEMENT

This Performance Agreement is made this on March 20, 2019, is by and between the City of Ferndale, hereinafter referred to as "City", whose address is 300 East Nine Mile Road, Ferndale, Michigan 48220, and American Band, hereinafter referred to as "Artist", whose address is

and will be recognized as a legal and binding instrument.

City has an annual event known as "2019 Ferndale Dream Cruise", including "Rock'n Live Entertainment Concert" (hereinafter referred to as the "Concert"); and

City is interested in an independent contractor providing a live performance engagement at the Concert; and

Artist desires to provide such live performance at the Concert;

NOW, THEREFORE, the parties agree as follows:

The date of the Artist live performance shall be Thursday, August 15. 2019 and the time of the performance shall be 7:00 PM to 9:00 PM. This live performance shall have duration of two hours, and includes two ten-minute intermission breaks.

Artist agrees to be on location no less than thirty-minutes prior to performance time for set-up. Artist shall provide own band instruments, including bass rig.

City agrees to pay Artist an aggregate of one-thousand dollars ($1,000.00) for the live performance by check immediately following the performance, made payable to: "Steve Tocco".

In the event of Concert cancellation, caused by sickness, accident, riot, strikes, epidemic or acts of God, no amount shall be due and owing hereunder. In the event of Concert cancellation, due to adverse weather conditions, determined by City, Artist shall be entitled to 50% of its scheduled performance fee.

Additional Terms and Conditions: 1) City shall provide a universal drum set, staging, sound system, lighting, audio engineer and

stage manager.2) Artist acknowledge that City will rely on the terms hereof in all such promotions, advertising,

collateral materials and social media setting forth the names, dates and times of allperformances to be held at the Concert.

3) Artist acknowledges and agrees that City may use their names, photographs and any otherpromotional materials to promote and advertise to increase attendance at the Concert.

4) Artist shall promote the Concert by social networks and other media wherever possible.5) City shall provide a location of close proximity to and with direct access to the backstage area

for load and unloading Artist equipment.6) City shall provide Artist with four complimentary parking passes.7) City shall provide Artist with a designated dressing and restroom area.8) Artist shall not use pyrotechnics or any other fire-related special effects during the show.9) Artist shall have option to promote and sell Artist merchandise at the performance.

10) Artist shall have option to audio and video his performance.

Ferndale Dream Cruise City of Ferndale• 300 East Nine Mile Road• Ferndale, Ml 48220 • 248-546-1573

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FERNDALE

2019 FERNDALE DREAM CRUISE

PERFORMANCE AGREEMENT

This Performance Agreement is made this on March 13, 2019, is by and between the City of Ferndale, hereinafter referred to as "City", whose address is 300 East Nine Mile Road, Ferndale, Michigan 48220, and Infinity & Beyond Journey Tribute, hereinafter referred to as "Artist", whose address is and will be recognized as a legal and binding instrument.

City has an annual event known as "2019 Ferndale Dream Cruise", including "Rock'n Live Entertainment Concert" (hereinafter referred to as the "Concert"); and

City is interested in an independent contractor providing a live performance engagement at the Concert; and

/1.rtist desires to provide such live performance at the Concert;

NOW, THEREFORE, the parties agree as follows:

The date of the Artist live performance shall be Friday, August 16. 2019 and the time of the performance shall be 7:30 PM to 9:30 PM. This live performance shall have duration of two hours, and includes two ten-minute intermission breaks.

Artist agrees to be on location no less than thirty-minutes prior to performance time for set-up. Artist shall provide own band instruments, including bass rig.

City agrees to pay Artist an aggregate of one-thousand two-hundred dollars ($1,200.00) for the live performance by check immediately following the performance, made payable to: "Brian Ferrebee".

In the event of Concert cancellation, caused by sickness, accident, riot, strikes, epidemic or acts of God, no amount shall be due and owing hereunder. In the event of Concert cancellation, due to adverse weather conditions, determined by City, Artist shall be entitled to 50% of its scheduled performance fee.

Additional Terms and Conditions: 1) City shall provide a universal drum set, staging, sound system, lighting, audio engineer and

stage manager.2) Artist acknowledge that City will rely on the terms hereof in all such promotions, advertising,

collateral materials and social media setting forth the names, dates and times of allperformances to be held at the Concert.

3) Artist acknowledges and agrees that City may use their names, photographs and any otherpromotional materials to promote and advertise to increase attendance at the Concert.

4) Artist shall promote the Concert by social networks and other media wherever possible.5) City shall provide a location of close proximity to and with direct access to the backstage area

for load and unloading Artist equipment.6) City shall provide Artist with four complimentary parking passes.7) City shall provide Artist with a designated dressing and restroom area.8) Artist shall not use pyrotechnics or any other fire-related special effects during the show.9) Artist shall have option to promote and sell Artist merchandise at the performance.

10) Artist shall have option to audio and video his performance.

Ferndale Dream Cruise

City of Ferndale• 300 East Nine Mile Road• Ferndale, Ml 48220 • 248-546-1573 68

11) City may audio and video Artist performance for use on City Cable, website or other media.12) Artist agrees not to engage in or encourage audience participation in behaviors that in any

way threaten or endanger personal safety or security.13) Artist agrees not to enter the audience at any point during the performance, nor invite or

encourage audience members to come onto the stage. Artist acknowledges that suchbehaviors significantly increase the risk of injury to patrons.

14) Artist acknowledges that they shall perform their obligations hereunder as an independentcontractor and not as an employee of City. Artist further acknowledge that they are not onCity's payroll and social security or tax withholding rolls.

15) In the event any dispute arises under this Agreement between Parties, the Parties agree toarbitration to resolve the dispute and expressly waive the right to trial by jury. Anyarbitration award may be enforced in a court of competent jurisdiction.

The Artist agrees to defend, indemnify, and hold harmless the City of Ferndale for its Ferndale Dream Cruise - Rock'n Live Entertainment Concert from any claim, demand, suit, loss, cost or expense, or �rny dnmage which may be asserted, clF.1imed or recovered against or from the City of Ferndale by reason of any damages to property, personal injury or bodily injury, including death, sustained by any person whomsoever and which damage, injury, or death arises out of or is incident to or in any way connected with the performance of the Artist except for the sole negligence of the City of Ferndale.

The authorized representative who is executing this Performance Agreement on behalf of Artist hereby warrants and represents that he has the full power and authority to bind Artist on whose behalf he is executing this Performance Agreement and acknowledges that he is making this representation and warranty with the understanding that City is relying thereon.

This Performance Agreement and the attachment Indemnification Agreement herein, shall be governed by the State of Michigan law and may only be modified in writing and is binding only when signed by both parties involved.

By authorized signatures, the parties hereto have caused this Performance Agreement to be duly executed.

Brian Ferrebee of Infinity & Beyond Journey Tribute, Artist

Authorized Representative of Artist (print name) Date

('

Authorized Representativ Artist Signature Phone#

City of Ferndale

City of Ferndale Date

Ferndale Dream Cruise

City of Ferndale• 300 East Nine Mile Road• Ferndale, Ml 48220 • 248-546-1573 69

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May 13, 2019 Community & Economic Development

CITY OF FERNDALEREQUEST FOR COUNCIL ACTION

FROM: Justin Lyons

SUBJECT: Approval of the easement agreement between the City and Ferndale9Living, LLC for SchifferPark Improvements as submitted by Planning Manager

INTRODUCTIONThe City previously entered into an Easement Agreement with FerndaleHaus on April 25, 2017 allowing it toencroach upon a portion of the City’s Property at Schiffer Park as part of its development, and a Memorandumof Understanding with Ferndale9Living, LLC on February 11, 2019 for Schiffer Park improvements. In theprocess of completing construction documents for the Schiffer Park improvements, it was found that a portion(up to 2.26 feet) of the improvements to the park would be located on Ferndale9Living, LLC's property.Ferndale9Living, LLC has signed the attached easement agreement, which was drafted by the City Attorney.

SUMMARY & BACKGROUND

BUDGETARY CONTEXTN/A

CIP#N/A

ATTACHMENTS2019.05.09 Easement Agreement with Exhibit.pdf

STRATEGIC PLANNING CONTEXTHealthy, Connected, and Invested Neighborhoods

RECOMMENDED ACTIONapprove the execution of the easement agreement between the City and Ferndale9Living, LLC for Schiffer ParkImprovements, as recommended by Planning Manager.

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May 13, 2019 City Manager

CITY OF FERNDALEREQUEST FOR COUNCIL ACTION

FROM: Barb Miller

SUBJECT: Approval of the bills and payrolls as submitted by the City Manager's Office and subject toreview by the Council Finance Committee

INTRODUCTIONN/A

SUMMARY & BACKGROUNDApproval of the bills and payrolls as submitted by the City Manager's Office and subject to review by theCouncil Finance Committee

BUDGETARY CONTEXTN/A

CIP#N/A

ATTACHMENTS

STRATEGIC PLANNING CONTEXTOrganizational and Financial Excellence

RECOMMENDED ACTIONN/A

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May 13, 2019 City Clerk

CITY OF FERNDALEREQUEST FOR COUNCIL ACTION

FROM: Barb Miller

SUBJECT: Consideration to appoint Joseph Gacioch as the City's SEMCOG alternate member

INTRODUCTIONConsideration to appoint Interim City Manager Joseph Gacioch as SEMCOG alternate.

SUMMARY & BACKGROUNDAt the January 8, 2018 Organizational Meeting, Council appointed Melanie Piana as the City's SEMCOGrepresentative and April Lynch as the alternate for a 2 year term. As April is no longer with the City, it isappropriate to replace her in this role. The alternate may be an elected official, staff, or individual selected bythe Mayor. Mayor Coulter has selected Interim City Manager Joseph Gacioch to serve as Ferndale's alternatemember.

BUDGETARY CONTEXTN/A

CIP#N/A

ATTACHMENTS

STRATEGIC PLANNING CONTEXTStrong Regional Partnerships

RECOMMENDED ACTIONConfirm the appointment of Joseph Gacioch as the City's alternate SEMCOG member

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May 13, 2019 City Clerk

CITY OF FERNDALEREQUEST FOR COUNCIL ACTION

FROM: Justin Lyons

SUBJECT: Consideration of Off-Premise Tasting Room License approval for Traverse City Whiskey

INTRODUCTIONTraverse City Whiskey Company (TWTC, LLC) is requesting approval of a New Off-Premises Spirit TastingRoom License to be located at 22812 Woodward Ave, Suite 200. This location is within the footprint of Como’sbut will be operating as a separate business. TCWC is licensed by the Michigan Liquor Control Commission asa Small Distiller, which has facilities in Traverse City, and this location would serve as a tasting room for theproduct distilled at their main facility.

The license request was initially considered and tabled by City Council at the April 22, 2019 regular meeting.Community and Economic Development staff and the City Attorney have provided supplemental information inthe Council packet.

SUMMARY & BACKGROUNDThe Liquor License Review Committee met on March 28, 2019 to review the application and recommendedapproval by City Council of the license, with direction that the DDA Board be notified and given the opportunityto review. The DDA Board met April 11 and supported a motion to recommend that City Council approve therequest from TCWC, LLC for a New OffPremise Spirit Tasting Room License at 22812 Woodward Ave.

TCWC will not have its own kitchen but will serve food through Como’s kitchen and sell a variety of local snackitems as well. Restrooms will be shared with Como’s. TCWC does not expect to be open as late as Como’s anddoesn’t anticipate being open when Como’s is not.

BUDGETARY CONTEXTN/A

CIP#N/A

ATTACHMENTSPH - TCWC, LLC Off-Premises Tasting Room License.pdf

20190513-Payment In Lieu of Parking Supplemental.pdf

STRATEGIC PLANNING CONTEXTEconomic Prosperity

RECOMMENDED ACTIONRecommend approval to the Michigan Liquor Control Commission for an Off-Premises Tasting Room License

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May 13, 2019 City Clerk

for TCWC, LLC to be located at 22812 Woodward Ave, Suite 200, Ferndale, Michigan.

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LAW OFFICES

ADKISON, NEED, ALLEN, & RENTROP PROFESSIONAL LIMITED LIABILITY COMPANY

39572 Woodward, Suite 222

Bloomfield Hills, Michigan 48304 Telephone (248) 540-7400 Facsimile (248) 540-7401

www.ANAfirm.com

PHILLIP G. ADKISON KELLY A. ALLEN ROBERT M. GOLDMAN JESSICA A. HALLMARK GREGORY K. NEED G. HANS RENTROP

OF COUNSEL: KEVIN M. CHUDLER LINDA S. MAYER KATHERINE A. TOMASIK

March 1, 2019

Via Electronic Mail Ms. Marne McGrath, City Clerk City of Ferndale 300 East Nine Mile Road Ferndale, Michigan 48220

Re: TCWC, LLC 22812 Woodward, Suite 200, Ferndale, MI 48220 Request for New Off-Premise Spirit Tasting Room License

Dear Ms. McGrath:

We represent TCWC, LLC (“TCWC”) in liquor licensing matters. TCWC will do business as Traverse City Whiskey Co (“Traverse City Whiskey Co”) at 22812 Woodward, Suite 200, in Ferndale. This space was formerly operated as Como’s. TCWC has applied to the Michigan Liquor Control Commission (“MLCC”) for a new Off-Premises Tasting Room License. TCWC currently owns and operates Small Distiller licenses in Traverse City and Leelanau.

The New Off-Premise Spirit Tasting Room would allow TCWC to sell a bottle of spirits for consumption off the licensed premises, and would allow the sale of drinks by the glass for consumption on the premises and/or samples of the spirits. The New Off-Premise Spirit Tasting Room License will be located at 22812 Woodward, Suite 200, in Ferndale.

On December 19, 2018, new legislation changed the requirements for tasting rooms by creating Off-Premises Tasting Room licenses that take the place of Spirit Tasting Room locations under the prior law. Under the new statute, MCL 436.1536(8)(d), local governmental unit approval is required. Therefore, this application is being submitted to the City.

TCWC will employ approximately 2 full-time and 5-6 part-time employees, and will have interior seating for 60 patrons, which includes 18 seats at the bar. TCWC’s proposed hours of operation will be seven days a week from 4:00 p.m. to midnight. TCWC’s hours may vary based on customer demand.

Enclosed is MLCC form LCC-106, the form required by the MLCC indicating the City’s

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Marnie McGrath, City Clerk March 1, 2019 Page 2 of 2 approval of the application for the new license. We enclose the proposed floor plan, menu, and City review criteria for the City Council’s review.

Please review the enclosed documents and contact us regarding appearance before the Ferndale City Council. Please contact me or my legal assistant, Laura Peters, with any questions. Thank you for your assistance in this matter.

Very truly yours, ADKISON, NEED, ALLEN, & RENTROP, PLLC Kelly A. Allen

/lp Enclosures m:\rapp, jared\corres\2019-03-01 ltr to clerk re spirit room.docx

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Business ID:

Request ID: (For MLCC use only)

Michigan Department of Licensing and Regulatory Affairs Liquor Control Commission (MLCC)

Toll Free: 1-866-813-0011 • www.michigan.gov/lcc

• You must obtain a recommendation from the local legislative body for a new on-premises license application, certain types of license classification transfers, and/or a new banquet facility permit.

• Complete this resolution or provide a resolution, along with certification from the clerk or adopted minutes from the meeting at which this request was considered.

for the following license(s):

(township, city, village)

Instructions for Applicants:

Instructions for Local Legislative Body:

LARA is an equal opportunity employer/program.Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities. LCC-106 (10/15)

(township, city, village)

to be located at:

(date)

(time)

Banquet Facility Permit Address of Banquet Facility:

Under Article IV, Section 40, of the Constitution of Michigan (1963), the Commission shall exercise complete control of the alcoholic beverage traffic within this state, including the retail sales thereof, subject to statutory limitations. Further, the Commission shall have the sole right, power, and duty to control the alcoholic beverage traffic and traffic in other alcoholic liquor within this state, including the licensure of businesses and individuals.

council/board

the following resolution was offered:

and the following permit, if applied for:

If disapproved, the reasons for disapproval are

approval by the Michigan Liquor Control Commission.

this application be considered forIt is the consensus of this body that it (recommends/does not recommend)

Vote

DateSignature of ClerkPrint Name of Clerk

Please return this completed form along with any corresponding documents to: Michigan Liquor Control Commission

Mailing address: P.O. Box 30005, Lansing, MI 48909 Hand deliveries or overnight packages: Constitution Hall - 525 W. Allegan, Lansing, MI 48933

Fax to: 517-763-0059

(regular or special)

Local Government Approval(Authorized by MCL 436.1501)

At a meeting of the (regular or special)

called to order by on at(date)

Moved by and supported by

that the application from (name of applicant)

(list specific licenses requested)

Yeas:

Nays:

Absent:

I hereby certify that the foregoing is true and is a complete copy of the resolution offered and adopted by the

council/board at a meeting held on

New Off-Premises Spirit Tasting Room License

22812 Woodward Ave, Suite 200, Ferndale, MI

City of Ferndale

TCWC, LLC

88

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CANQPY eOmMN DETAIL

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R.009 PLAN

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COMO'S

LEVEL 1

FLOOR PLAN

As indicated

1806

A-101

89

Cold brew coffee, rye whiskey, cinnamon simple syrup, almond milk

THE SPARK ** 10

wake-up call 9

Port finish bourbon, fresh lime juice, orange

WHISKEY MARGARITA 8

CUPID’s ARROW 9Cherry whiskey, peach purée, fresh lemon juice, club soda, cherry garnish

*WINTER Hack: try with apple whiskey

HOT TOdDY 7straight bourbon, black tea, lemon, honey

zest, simple syrup & a splash o’ “cran”

zest

** $1 from spark cocktail donated to local charity

** flip menu for the whiskey line-up**

$3 $12

WHISKEY flight (5 samples) $14

90

1

CITY OF FERNDALE LIQUOR LICENSING CRITERIA

This is a request from TCWC, LLC (“TCWC”), doing business as Traverse City Whiskey

Co. (“Traverse City Whiskey Co”), for approval from the City of Ferndale (“City”) for a new Off-Premises Spirit Tasting Room License to be located at 22812 Woodward, Suite 200, Ferndale. TCWC is licensed by the Michigan Liquor Control Commission as a Small Distiller, which has facilities in Traverse City.

1. Whether the applicant’s proposed location is within the City’s Downtown

Development District Plan and/or consistent with the City’s Master Plan.

TCWC, LLC is located within the City’s Downtown Development District (“DDA”). TCWC, LLC is located in a portion of the space formerly operated as Como’s. This is not a request for approval for a DDA license but for a new Off-Premises Spirit Tasting Room License under a “new law” passed by the legislature in December of 2018. The new law allows a small distiller to operate an “Off-Premise Spirit Tasting Room License” (“Tasting Room”). The Tasting Room, as of December 17, 2018, requires the City’s approval.

2. The general trend and character of the land and building identified for the proposed

location.

Traverse City Whiskey Co conforms to the general trend and character of the land and building for this location.

3. Input from residents and surrounding business owners, including other Class C

license holders.

Traverse City Whiskey Co has had positive input from other surrounding business owners, including other Class C license holders.

4. The impact of the establishment on surrounding businesses and neighborhoods.

Traverse City Whiskey Co will not have an adverse impact on surrounding businesses and neighborhoods, as this was formerly part of the foot print of the original Como’s, and Traverse City Whiskey Co will give local residents and visitors the experience of homemade whiskey from a small distiller in a tasting room.

5. Written Plan for crowd control for the proposed establishment by an appropriate

qualified expert. Traverse City Whiskey Co does not expect to have an issue with crowd control at the

proposed establishment. Management, waitstaff and the owners will handle any issues with the crowd and the management/supervisor staff will be trained in alcohol management

91

2

within 180 days of being licensed pursuant to the Michigan Liquor Control Commission’s (“MLCC”) code.

6. Written Plan for vehicular movement anticipated for the proposed establishment by

an appropriate qualified expert.

Traverse City Whiskey Co does not expect there to be any issue with vehicular movement around the proposed establishment as this was formerly operated as part of the original Como’s footprint.

7. Number of on-premises establishments within 500 feet.

The New Como’s, Imperial, Howe’s Bayou, Danny’s Irish Pub, The Emory, Ferndale Elks, Dino’s Lounge, Sakana Sushi Lounge, Bosco Lounge, Inyo, J’s Penalty Box, and Grasshopper Underground all appear to be within 500 feet of Traverse City Whiskey Co.

8. Whether the proposed premises requires any variances from City zoning ordinances

and whether the applicant’s proposed operation conforms with all health and safety codes and ordinances.

The Applicant’s proposed operation will comply with all health and safety ordinances.

9. Concentration of drinking establishments with the addition of the applicant’s

establishment and impact on policing requirements.

Traverse City Whiskey Co will be located in the City’s DDA, which has a variety of restaurants and drinking establishments. The addition of Traverse City Whiskey Co should not impact policing resources.

10. Applicant’s business history.

This is an extension of Traverse City Whiskey Co’s main Small Distiller license in Traverse City to have a tasting room in Ferndale. Traverse City Whiskey Co was licensed in 2014 in Traverse City and in 2017 opened a second Small Distiller and tasting room in the Leelanau Peninsula.

11. Applicant’s LCC violation history.

Traverse City Whiskey Co has a perfect record with the MLCC. 12. Percent of floor area proposed to be devoted to dining versus bar area.

Traverse City Whiskey Co’s proposed floor plan will be all for dining and bar area. The entire square footage of the space is 1,251, with 987 square feet (79%) for dining and 264 square feet (21%) for the actual bar area.

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3

13. Size of kitchen in relation to the total square footage of the establishment.

Traverse City Whiskey Co will not have its own kitchen. The food provided for the customers of Traverse City Whiskey Co will be from Como’s kitchen, or from other local Ferndale restaurants.

14. Size of dance floor area, if any, proposed by the applicant.

Traverse City Whiskey Co will not have a dance floor. 15. Proposed hours of operation, full or part-time jobs required at the establishment.

Traverse City Whiskey Co hours of operation will be from 4:00 p.m. to midnight, seven days per week. The hours may be adjusted based on customer demand. Traverse City Whiskey Co will have approximately 8 full and part time employees.

16. Overall benefit of the plan to the City of Ferndale.

Traverse City Whiskey Co will be a positive benefit to the City, offering homemade whiskey and various other spirits.

17. Whether the applicant is a resident of the City of Ferndale or currently operates a

business in the City of Ferndale.

The owners of Traverse City Whiskey Co are not residents of Ferndale and do not operate a business in the City. However, one of the owners will be moving to Ferndale.

18. Whether the applicant, if it is a proposed new license under authority of MCL

§436.1521a, has complied with all the statutory requirements of MCL §436.1521a.

This is not an application under §436.1521a.

m:\rapp, jared\docs\ferndale review factors.docx

93

Michigan Department of Licensing and Regulatory AffairsLiquor Control Commission (MLCC)

Toll-Free: 866-813-0011 - www.michigan.gov/lcc

For more information on manufacturer and wholesaler licenses and permits, please visit the Liquor Control Commission's frequently asked questions website by clicking this link.

Completed Off-Premises Tasting Room License & Permit Application (attached)

Inspection, License, and Permit Fees

Local Government Authorization (Form LCC-106b) (attached) - For a new Off-Premises Tasting Room License only

Before you begin filling out the attached application, please review this checklist for the forms and documents you will need to submit with your completed application form.

The attached LCC-150a form will automatically calculate fees when opened using Adobe Acrobat Reader. The form's functionality may not work

with third-party PDF readers. You may download a free copy of Adobe Acrobat Reader on the Adobe website: https://get.adobe.com/reader/

Property document (lease, deed, land contract, etc.)

Off-Premises Tasting Room License & Permit Application

Important Information Regarding Off-Premises Tasting Room Licenses

• An Off-Premises Tasting Room License is issued to a manufacturer licensee that operates a tasting room that is not located on the licensed manufacturing premises of the manufacturer licensee. If you will be operating a tasting room jointly with other manufacturer licensees at the same location, you must apply for a Joint Off-Premises Tasting Room License using the Joint Off-Premises Tasting Room License & Permit Application (LCC-150b). Only the following manufacturer license types may be issued an Off-Premises Tasting Room License: ■ Wine Maker ■ Small Wine Maker ■ Brandy Manufacturer ■ Distiller (Manufacturer of Spirits) ■ Small Distiller • A manufacturer licensee may be issued no more than five (5) Off-Premises Tasting Room Licenses where it may sell and serve full drinks. Any Joint Off-Premises Tasting Room Licenses held by the manufacturer licensee with other manufacturers at other locations that are designated for the sale and service of full drinks also count toward the limit of five (5) locations. The applicant must designate the type of license at the time of application and the designation may not be changed once the license is approved and issued. • A manufacturer licensee may have an unlimited number of Off-Premises Tasting Room Licenses that sell or give away samples only (3 ounces of wine or 1/2 ounce of spirits or brandy per sample). The applicant must designate the type of license at the time of application and the designation may not be changed once the license is approved and issued. • An applicant for an Off-Premises Tasting Room Licenses must obtain approval from the legislative body of the local governmental unit where the licensed premises will be located. Locations in the City of Detroit do not require local governmental approval. • The wine, spirits, or brandy sold, served, or given away as samples at a Joint Off-Premises Tasting Room License location must be manufactured by the licensee at its manufacturing premises.

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Community & Economic Development 300 East Nine Mile Road

Ferndale MI 48220 248.546.2366 ext. 115

www.ferndalemi.gov

May 1, 2019 RE: Payment in Lieu of Parking Update In light of the request by Traverse City Whiskey, it was requested that staff provide background information to better inform City Council and Downtown Development Authority Board. Below are questions staff heard from both boards and answers based on the Traverse City Whiskey request.

• What does the payment in lieu of parking ordinance require? Ferndale City Council passed a resolution on February 22, 2016 to amend Ordinance

1087 (Zoning Ordinance) Section 24-223 to eliminate the off-street parking exemption for restaurant uses with additional and/or accessory use of the sale of alcoholic beverages for on-premises consumption within the Central Business District (CBD) zoning district.

The ordinance required new restaurants with additional and/or accessory use of sale of alcoholic beverages for on-premises consumption to provide off-street parking or, in the alternative, payment-in-lieu of providing parking spaces. Those resources were to be used for acquisition, development and maintenance of municipally owned or leased off-street parking facilities for the benefit of the central business district.

Adoption of the ordinance did not prohibit the development of restaurant uses with alcohol sales on-premises in the CBD, it only eliminated the exemption for provisions of parking spaces under the zoning ordinance.

• Why did payment in lieu not apply to Traverse City Whiskey? Traverse City Whiskey is not an expansion, only a new business taking a portion of the

existing Como’s space. The intent of the payment in lieu of parking ordinance is to require the use having a perceived impact on the City’s peak hour parking supply contribute to the resolution of the issue, not eliminate space that is currently occupied by uses with the sale of alcoholic beverages for on-premises consumption within the CBD.

• How is Traverse City Whiskey’s license request different than Brooks Brewing? Brooks Brewing’s location is in the former P&A Scholars cosmetology school, which

occupied multiple storefronts. The previous uses were not that of an alcohol establishment and equated to new square footage for a use with the sale of alcoholic beverages for on-premises consumption within the CBD.

Traverse City’s Whiskey’s proposal would fit within the existing footprint of the previous Como’s operation. City Council tabled the item at the first meeting and requested that Brooks Brewing pursue shared parking nearby, but the applicant was unsuccessful in finding an agreement. Since that time, the other storefronts have become occupied by a retailer (Elaine B’s Jewelry) and fitness studio (Kinetic Impulse Fitness).

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Community & Economic Development 300 East Nine Mile Road

Ferndale MI 48220 248.546.2366 ext. 115

www.ferndalemi.gov

• Was Traverse City Whiskey part of the Planning Commission submittal? Did this have to go back to PC once it was incorporated?

The Planning Commission did not need to review Como’s or Traverse City Whiskey because the projects were permitted uses and not expansions. The Site Plan Review ordinance has requirements for project approval, which determines if a project is reviewed administratively by staff or by the Planning Commission. Similar to Bobcat Bonnie’s moving into the previous Zeke’s BBQ space, the use did not change, there was not an expansion, and a site plan was not required.

The Como’s project did go through the City’s Transit Overlay District Pre-Application Review due to façade alterations proposed, which is not an approval body, but does help applicants meet zoning regulations prior to site or building plan submittals.

• What has the impact of payment in lieu been as far as downtown alcohol establishments - are there signs it has worked/not worked in limiting the proliferation of these uses downtown? Other observations?

CED staff would estimate 40-50 interested parties have requested zoning information to open new uses with the sale of alcoholic beverages for on-premises consumption within the CBD over the last 4 years, from night clubs and regional chain restaurants to tiki bars and distilleries. (There is not an official log of potential new uses with the sale of alcoholic beverages for on-premises consumption within the CBD that have looked elsewhere (not everyone fills out a ZDR).

The potential upfront expense of payment in lieu has worked in some respects. Aside from Brooks Brewing, there have not been new alcohol-related licenses and new restaurants/bars to the downtown, and areas outside the Downtown, such as Livernois, Woodward Heights, and E. Nine Mile have seen new restaurants and breweries open. However, the ordinance has been problematic for existing businesses that want to expand, add a license (MiChigo, 8degree plato, Culantro), or enclose an outdoor patio for year-round use (Bobcat Bonnie’s, Como’s).

Voyager is an example of an alcohol-establishment that initially looked for space in the Downtown but located elsewhere due to the payment in lieu of parking ordinance.

It might be interesting to study the number of storefront vacancies before/after the zoning change. Vacant storefronts in the Downtown may be tough to fill with traditional retail and possibly office. CED staff has received feedback that there are a number of spaces in the downtown that are too large for small retail (Get Your Game On, former Elegance By Design, former Winezilla) that remain vacant or have uses that do not encourage street level activation the City and DDA hoped.

Please let me know if you have further questions or need clarification. Thank you, Justin Lyons Planning Manager

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Main (248) 731-3080 Fax (248) 731-3081

Attorneys at Law

2055 Orchard Lake Road Sylvan Lake, Michigan 48320

www.hsc-law.com

P. Daniel Christ Direct (248) 731-3085

dchrist@hsc-law.com

April 29, 2019 Mr. Joseph Gacioch, Interim City Manager Via E-Mail Only City of Ferndale 300 E. Nine Mile Road Ferndale, Michigan 48220 RE: Proposed Off-Premises Spirit Tasting Room – TCWC, LLC

Dear Joe:

During the April 22, 2019 Council meeting, questions arose regarding consideration of the proposed Off-Premises Spirit Tasting Room submitted by TCWC, LLC located within the footprint of the former Como’s Restaurant located at 22812 Woodward Ave. Questions arose during the consideration of the agenda item regarding the type of license, layout of the tasting room and the City’s payment-in-lieu of parking policy.

Ferndale City Council passed a resolution on February 22, 2016 to amend Ordinance 1087 (Zoning Ordinance) Section 24-223 to eliminate the off-street parking exemption for restaurant uses with additional and/or accessory use of the sale of alcoholic beverages for on-premises consumption within the central business district. The ordinance required new restaurants with additional and/or accessory use of sale of alcoholic beverages for on-premises consumption to provide off-street parking or, in the alternative, payment-in-lieu of providing parking spaces. Those resources were to be used for acquisition, development and maintenance of municipally owned or leased off-street parking facilities for the benefit of the central business district. Adoption of the ordinance did not prohibit the development of restaurant uses with alcohol sales on-premises in the central business district, it only eliminate the exemption for provisions of parking spaces under the zoning ordinance.

In considering the application submitted, the liquor license review committee noted the prior use at the location was a restaurant with the additional use of the sale of alcoholic beverages and the proposed tasting room was within the footprint of the prior restaurant. Based on that prior use (with only the operator changing) it was determined the payment-in-lieu of parking regulation was not applicable.

97

Mr. Joseph Gacioch, Interim City Manager City of Ferndale April 29, 2019 Page 2 If you have questions or wish to discuss, please do not hesitate to contact me.

Very truly yours, P. Daniel Christ

PDC/bbo cc: Mr. Jordan Twardy, Community & Economic Development Director Mr. Justin Lyons, Planning Manager

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May 13, 2019 Human Resources

CITY OF FERNDALEREQUEST FOR COUNCIL ACTION

FROM: Marne McGrath

SUBJECT: Closed Session for strategy and negotiation sessions connected with the negotiation of acollective bargaining agreement if either negotiating party requests a closed hearingpursuant to MCL 15.268, Sec. 8(c)

INTRODUCTIONFor the purpose of setting the budget and parameters for the upcoming negotiations of the Ferndale DPWEmployee’s Association, TPOAM, collective bargaining agreement

SUMMARY & BACKGROUND

BUDGETARY CONTEXTN/A

CIP#N/A

ATTACHMENTS

STRATEGIC PLANNING CONTEXTOrganizational and Financial Excellence

RECOMMENDED ACTION

99