City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MARCH 6, 2012 IN CITY HALL Mayor Richard J. Notte called the meeting to order at 7:30 p.m. Mayor Notte led the Pledge of Allegiance to the Flag and Walter C. Blessed, City Clerk, gave the Invocation. Council Members present at roll call: Deanna Koski, Richard J. Notte, Joseph V. Romano, Maria G. Schmidt, Paul Smith, Michael C. Taylor, Barbara A. Ziarko. Also Present: Mark D. Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Walter C. Blessed, City Clerk; Robin Palazzolo, Recording Secretary. APPROVAL OF AGENDA Councilman Smith moved Consent Agenda Item 2-E to Consideration Item 5. Moved by Koski, seconded by Romano, to approve the Agenda, as amended. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported on the City’s 2011 commercial and industrial vacancy rates. The commercial shopping center vacancy rate has decreased from 16.1% in 2007 to 12% in 2011. The retail vacancy rate has decreased from 6.1% in 2007 to 4.3% in 2011. The industrial rate decreased from 7.2% in 2009 to 5.2% in 2011. These vacancy rates are all below the Macomb County and Metro Detroit averages. Mr. Vanderpool reported on the traffic signal located on Van Dyke, just south of 15 Mile Road, near Olga’s Kitchen restaurant. This light has been in full flashing mode for the past six years. BAE will be opening next week; therefore, there is now a need to return this signal to a full cycle mode. This full cycle activation occurred on March 1, 2012, and will operate in full colors from 7 a.m. to 6 p.m. weekdays and will enter into yellow flashing mode from 6 p.m. to 7 a.m. weeknights and on weekends. Mr. Vanderpool reported on a presentation being held at the Sterling Heights Public Library on Thursday, March 8, 2012, from 6:30 p.m. to 8:30 p.m. Your Money: How to Invest in a Complex and Agenda-Driven World offers free valuable current financial information and will Regular City Council Meeting Tuesday, March 6, 2012 Page 2 focus on principles and tools used to structure a purposeful and well-diversified portfolio. Registration is required by visiting www.shpl.net or calling 586-446-2640. Mr. Vanderpool reported that 2011 Federal, State, and City of Detroit Income Tax forms are available on-line and in the front lobby of the Sterling Heights Public Library. Additional information can be obtained by visiting the City’s website at www.sterling-heights.net, the Library’s website at www.shpl.net, or by contacting the Sterling Heights Public Library at 586- 446-2640. Mr. Vanderpool reported that Sterling Heights Animal Control, along with All About Animals Rescue, will co-sponsor a discount Dog and Cat Vaccination Clinic. This will be held at the Sterling Heights Recreation Center on Sunday, March 25, 2012, from 10 a.m. to 2 p.m. Pet owners can have their dogs and cats vaccinated for $10 per vaccination. Micro-chipping and heartworm tests will also be available for $20 each. For additional information, please call 586-879-1745. ORDINANCE ADOPTION 1. Moved by Schmidt, seconded by Ziarko, BE IT ORDAINED, to adopt, as amended, the ordinance amending Chapter 23 of the City Code by adding Article IV to govern the grant of an exclusive license for implementation and operation of a single-stream subscription-based curbside recycling program within the City. Mr. Bahorski explained the amendment, stating that after the City Manager makes a recommendation to revoke the license, we have to give the licensee notice and an opportunity to respond in the form of a hearing. If the Solid Waste Commission is unable to have a quorum for some reason, Councilwoman Koski requested City Council be the default board, which would then act as the due process board. Councilwoman Schmidt stated she thinks this is a good idea. She is extremely comfortable with this, as there is zero cost to the City and it is optional for our residents. Councilwoman Ziarko stated she believes this is the perfect compromise to an issue that has been with us for many years. Mr. Sal Conigliaro, Public Works Director, brought in a sample of the container to be used for curbside recycling. He explained it is a 96 gallon container, which has wheels and a hinged lid. This is an every other week proposal and the cart is included in the program. If the cart is Regular City Council Meeting Tuesday, March 6, 2012 Page 3 lost or damaged, it will be replaced at no charge. He stated Mr. Keith Pine, Waste Management, is present tonight. Mr. Pine stated each cart has a unique serial number. When the cart gets delivered to the customers home, that number is unique to that resident. The cart weighs about 20 pounds, is very solid, can withstand the weather, and will last approximately 12 years. Councilman Smith inquired if there is only one recycling truck. Mr. Pine responded there are multiple recycling trucks available; however, he is unsure at this point how many recycling trucks they will need. Councilman Smith inquired if it would take one day to fill one truck. Mr. Pine responded they are probably looking at 1 to 1-1/4 full truck loads per day, with a vast majority of that being plastic. Councilman Romano stated sometimes Waste Management has a problem disposing of these recyclables and has to store them. If anything, Waste Management is the one taking the chance here and he appreciates that fact. CITY OF STERLING HEIGHTS MACOMB COUNTY, MICHIGAN ORDINANCE NO. 417 AN ORDINANCE TO AMEND CHAPTER 23 OF THE CITY CODE BY ADDING ARTICLE IV TO GOVERN THE GRANT OF AN EXCLUSIVE LICENSE FOR IMPLEMENTATION AND OPERATION OF A SINGLE-STREAM SUBSCRIPTION-BASED CURBSIDE RECYCLING PROGRAM WITHIN THE CITY THE CITY OF STERLING HEIGHTS ORDAINS: SECTION 1. Article IV shall be added to Chapter 23 of the City Code to read as follows: ARTICLE IV. CURBSIDE RECYCLING 23-61. LEGISLATIVE FINDINGS. The City Council finds: (A) Maximizing the recycling economy in the City and throughout the country will create and sustain additional well-paying jobs, stimulate the economy, save energy, and conserve valuable natural resources; (B) Recycling is an important action that people can take to be environmental stewards; (C) Municipal recycling rates in the United States steadily increased from 6.6 percent in 1970 to 28.6 percent in 2000, but since 2000 the rate of increase has slowed considerably; Regular City Council Meeting Tuesday, March 6, 2012 Page 4 (D) A decline in manufacturing has reduced both the supply of and demand for recycling materials; (E) Recycling allows the recovery of critical materials necessary to sustain the recycling economy and protect national interests; (F) In 2010, the United States recycling industry collected, processed, and consumed over 130,000,000 metric tons of recyclable material, valued at $77,000,000,000; (G) Recycling saves energy by decreasing the amount of energy needed to manufacture the products that people build, buy, and use; (H) Many manufacturers use recycled commodities to make products, saving energy and reducing the need for raw materials; (I) Using recycled materials in place of raw materials can result in energy savings of 92 percent for aluminum cans, 87 percent for mixed plastics, 63 percent for steel cans, 45 percent for recycled newspaper, and 34 percent for recycled glass; (J) Many city residents already utilize the city’s recycling centers, and many have expressed interest in utilizing a curbside recycling program if one were offered and available; (K) Various waste hauling entities are also engaged in the recycling business and will provide curbside recycling for city residents and businesses if the economies of scale justify such a program; (L) An exclusive license to provide a curbside recycling program in the city would ensure the necessary economy of scale to secure interest from entities that can provide such a program; (M) Additionally, an exclusive license would ensure that only one entity utilizes city streets and rights-of-way, thereby minimizing roadway wear and tear; (N) The city already provides similar exclusivity to a towing contractor and a waste hauler to provide public towing services and public waste pickup services throughout the city; (O) Therefore, the City Council finds that it is in the best interests of the city, its residents, its businesses, and its guests to authorize an exclusive license for a single-stream subscription-based curbside recycling program. 23-62. LICENSING PROCESS. (A) Prior to awarding an exclusive license for a curbside recycling program, the city shall request proposals from qualified entities that may desire to be awarded such a license. The city manager or his designee shall review the proposals that are received from potential licensees and may work with each potential licensee to revise and clarify the terms of the potential licensee’s proposal. The city manager or his designee shall then rate and rank the proposals, as revised, and present them to city council for consideration. The city council may thereafter, in its discretion, grant an exclusive license under this article. The exclusive license shall be awarded by resolution or motion, which shall incorporate the terms of the request for proposals and the selected entity’s proposal terms. In the event of a conflict in terms, the terms of the request for proposals shall control, unless the resolution or motion awarding the license provides otherwise. (B) It shall be unlawful for any entity, other than a licensee, to collect, disturb, or transport curbside recyclables for a fee, if that service is offered and/or provided by a licensee pursuant to this article. For purposes of this subsection, the term “curbside recyclables” shall mean recyclable materials that have been deposited or placed on or near the curb of a roadway for retrieval by another party. 23-63. LICENSE TERMS. Regular City Council Meeting Tuesday, March 6, 2012 Page 5 All of the license terms shall be established by the city’s request for proposals, unless otherwise provided in the selected entity’s proposal and included in the awarding resolution or motion as controlling. Terms shall include, but not be limited to, service, compensation, customer relations, vehicles, employees, routes, collection days, recycling containers, record-keeping, privacy protections, storage, transport, promotional campaigns, reward programs, indemnity, insurance, default options, performance deposit, license termination, customer pre-payment protections, participation thresholds, license term, renewal options, and alternative proposal options. 23-64. LICENSE SUSPENSION AND REVOCATION. (A) The license awarded pursuant to this article may be suspended by the city manager or his designee until remedial measures required by the city manager or his designee are successfully implemented by the licensee to cure the default or offending activity. If such remedial measures are not successfully implemented, or the default or offending activity is of such a nature that remedial measures will, in the estimation of the city manager, be futile, the city manager may instead suspend the license pending a rudimentary due process hearing before the Solid Waste Commission or, if the Solid Waste Commission has been dissolved or a quorum cannot be convened within 14 calendar days, the City Council at its next regular meeting. At the conclusion of the hearing, the city manager’s recommendation for revocation shall either be adopted, modified or rejected. If the recommendation is adopted, the city manager shall revoke the license effective the next business day. If the recommendation is modified, the city manager shall implement the modifications. If the recommendation is rejected, the city manager shall lift the suspension and the licensee may resume its obligations under the license. (B) Suspension and revocation may be imposed at any time for any violation by the licensee or its agents of any law, ordinance, proposal term, or term of the request for proposals relating to the license. During a period of suspension, and following revocation, the city’s costs for addressing any transition to a new contractor, replacement services, temporary suspension of services, customer notifications, customer assistance, customer refunds, and other costs relating to the lack of service from the licensee or the transition to a new licensee may be recouped from the licensee’s performance deposit. 23-65 – 23-69. RESERVED. SECTION 2. All other provisions of the Code of Ordinances not specifically amended shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately upon publication of a notice of adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 21st day of February, 2012, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 6th day of March, 2012. WALTER C. BLESSED, City Clerk INTRODUCED: 02/21/12 ADOPTED: 03/06/12 PUBLISHED: 03/11/12 EFFECTIVE: 03/11/12 Yes: All. The motion carried. CONSENT AGENDA 2. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda, as amended: Regular City Council Meeting Tuesday, March 6, 2012 Page 6 A. To approve the minutes of the Regular Meeting of February 21, 2012, as presented. B. To approve payment of the bills as presented: General Fund - $455,748.36, Water & Sewer Fund - $1,145,619.24, Other Funds - $710,876.22, Total Checks - $2,312,243.82. C. RESOLVED, to cancel the bid awarded to B & B Landscaping, Inc. for the mowing and maintenance of the Hall Road (M-59) boulevard median from Dequindre Road to I-94 and award the bid to Green Meadows Lawnscape, Inc., 47515 Ryan Road, Shelby Twp., MI 48317, for the remainder of the bid period expiring March 31, 2014 at unit prices bid. D. RESOLVED, to cancel the bid awarded to J. H. Hart Urban Forestry for tree and stump removal and award the bid to Wosney Tree Service, Inc., Post Office Box 1142, Alma, MI 48801, for the remainder of the bid period expiring April 19, 2013 at unit prices bid. E. Moved to Consideration Item 5. F. RESOLVED, to receive the lawsuit, Jaroslaw Chrin vs. City of Sterling Heights; 41A District Court Case No. S-12-906-GZ. Yes: All. The motion carried. CONSIDERATION 3. Mr. Vanderpool provided highlights of the voluntary wage and benefit concessions achieved through the Memorandum of Understanding (MOU) between the City of Sterling Heights and UAW Unit 40 of Local 412 – Professional and Technical Employees for the 2012/2013 fiscal year and respectfully requested City Council approve this MOU. Mr. Geoffrey Gariepy and Mr. Harry Marchlones commented regarding this item. Moved by Ziarko, seconded by Schmidt, RESOLVED, to approve the Memorandum of Understanding between the City of Sterling Heights and UAW Unit 40 of Local 412 – Professional and Technical Employees for the 2012/2013 fiscal year and authorize the Mayor and City Manager to sign it on behalf of the City. Councilman Smith spoke regarding tax assessments, longevity pay, and the 70 point early retirement plan. Councilman Romano stated this is gut-wrenching to the people on this council and the alternative is mass lay-offs. We did not use the reduced work week as a bargaining tool. This union came to us under a closed contract and asked us how to make the reduced work week go Regular City Council Meeting Tuesday, March 6, 2012 Page 7 away. We are open to other unions coming forward with their ideas, as well. He wants to do what is best for this city and the residents. Councilwoman Ziarko stated she is grateful to this particular union because they are always leaders when it comes to helping the City and she appreciates their efforts. This is not easy to do; it is a tough decision. Councilwoman Koski inquired how many people are in this bargaining unit, and of those, how many will qualify for the Early Retirement Incentive Program (ERIP). Mr. Walter Blessed, City Clerk, responded there are 44 total members in this bargaining unit, and of those, one individual is eligible for ERIP. Councilwoman Koski stated in the backup material for this item it indicates there is a reduction of 14.5% in wage and benefits, and a 5.5% actual reduction over two years. She requested Mr. Vanderpool elaborate on this, which he did at this time. Councilman Taylor stated these are incredibly difficult times and this is not fun for anybody. He thinks this MOU strikes a very good balance between what the City needs and what the employees can reasonably be asked to give. He feels the 70 point ERIP is justified in this case. This bargaining unit stepped up and came up with creative solutions to the problems. He is happy to support this MOU. Councilwoman Schmidt inquired when the employees were notified about the reduced work week, were they also notified, at that time or very shortly after, that if they came to the table with an MOU their hours would not be reduced. Mr. Vanderpool responded that is correct and elaborated on that point. Councilwoman Schmidt stated this is really difficult and thanked this union. She appreciates this union for helping Council reach their goal and she supports this MOU. Mayor Notte stated this type of negotiations was innovative and he applauds the employees. Instead of going to a reduced work week, they gave up items they would rather forfeit. He feels the City and the employees are working together in the best interest of the residents of Sterling Heights. Yes: Ziarko, Schmidt, Koski, Notte, Romano, Taylor. No. Smith. The motion carried. 4. Mayor Notte recommended the appointment of Ronald Camilletti to the Ethnic Community Committee. Regular City Council Meeting Tuesday, March 6, 2012 Page 8 Moved by Romano, seconded by Schmidt, RESOLVED, to confirm the Mayor’s appointment of Ronald Camilletti to the Ethnic Community Committee, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. 5. Item E from the Consent Agenda. Mr. Stu Alderman, Mr. Derrick D’Angelo, Mr. Charles Jefferson, and Mr. Jeffrey Norgrove commented regarding this item. Moved by Ziarko, seconded by Notte, RESOLVED, to award the bid for the installation of dugout shelters at L.W. Baumgartner Park to Nolan Construction, 7831 Lapeer, Wales, MI 48027 at a cost of $14,200. Councilwoman Ziarko stated we already bought the dugouts and they need to be installed. Baumgartner Park is used constantly and it is a benefit to the community. She is glad we are able to take money from this fund and improve this park. Councilwoman Schmidt stated, on behalf of the City of Sterling Heights, she would like to thank the organization that offered the $2,500 grant tonight. This park brings revenue into the city and she appreciates having nice parks. Councilman Smith stated we just talked about lay-offs, concessions, and lost property values. In the current economic situation, the City has to learn how to say no. Councilwoman Koski stated the money being used to install the dugouts comes from the land and water conservation fund, which can only be used for parks and recreation improvements. She asked Mr. Vanderpool to elaborate on this and he did so at this time. Yes: Ziarko, Notte, Koski, Romano, Schmidt, Taylor. No: Smith. The motion carried. COMMUNICATIONS FROM CITIZENS Ms. Mary Szostak, City of Sterling Heights Emergency Dispatcher - Consolidated dispatch center. Mr. Harry Marchlones – Operating expenses; Longevity; Drop program. Mr. Jeffrey Norgrove – CDBG fund. Mr. Charles Jefferson – Tax abatements. Mr. Dennis Slavensky – Petition involving Triangle Drive construction. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Regular City Council Meeting Tuesday, March 6, 2012 Page 9 There was no report from Mr. Bahorski or Mr. Vanderpool at this time. UNFINISHED BUSINESS There was no Unfinished Business discussed. NEW BUSINESS 1. Councilwoman Schmidt stated she wanted to wish all of the bands at all of the Sterling Heights schools well in their Middle School Band and Orchestra Association adventures over the next two weeks. It is pretty phenomenal to watch what these young kids can do. 2. Councilman Smith inquired regarding the dugouts, what was the total cost. He also thanked Mr. Jefferson for his support. He feels the Experi-Metal Inc. tax abatement needed to be brought to the floor at the last meeting. 3. Councilman Romano read some excerpts from a letter he received from a resident acknowledging the Sterling Heights Police Department and the great services they provide. He stated we get a lot of fan mail from residents regarding our police department, fire department, and general employees and he feels we should start sharing with everyone how good all of our employees really are. ADJOURN Moved by Romano, seconded by Ziarko, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 9:15 p.m. WALTER C. BLESSED, City Clerk