City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MARCH 20, 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, Maria G. Schmidt, Paul Smith, Michael C. Taylor, Barbara A. Ziarko. Council Member absent: Joseph V. Romano. Also Present: Mark D. Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Walter C. Blessed, City Clerk; Robin Palazzolo, Recording Secretary. Mayor Notte announced that Councilman Romano is not in attendance tonight due to the fact that he is out of town on family business. APPROVAL OF AGENDA Moved by Koski, seconded by Schmidt, to approve the Agenda as presented. Councilman Smith moved Consent Agenda Item H to Consideration Item 2. Yes: Koski, Schmidt, Notte, Smith, Taylor, Ziarko. Absent: Romano. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported on the Cell Phones for Soldiers program. A collection box is available inside the DPW Building on 18 Mile Road, which is open from 8:00 a.m. to 4:30 p.m., Monday through Friday. Donated cell phones are recycled or reconditioned, and the money given by ReCellular is used to buy prepaid calling cards for U.S. troops overseas. For more information on this program, please visit www.cellphonesforsoldiers.com, or contact the Public Works Office at 446-2440. Mr. Vanderpool reported that on March 19, 2012, the City of Sterling Heights began its 21st year offering a separate curbside collection of yard waste. Homeowners are asked to use paper yard waste bags or garbage containers. Garbage containers should be no larger than 32 gallons and must be labeled with city “yard waste” stickers. Yard waste stickers are available in the Regular City Council Meeting Tuesday, March 20, 2010 Page 2 Community Relations Department at City Hall or any of our public buildings. For more information, please call 446-CITY. Mr. Vanderpool reported on the continued revitalization of the Van Dyke corridor. Projects include Ford Motor Company, Chrysler, BAE, new and updated dealerships, etc. The McDonald’s located on Van Dyke, just south of 18 Mile Road, will be demolished and they will be hosting a grand closing at this location. McDonald’s will be partnering with our Parks and Recreation Department and on March 24, 2012, 5% of the proceeds from 6 a.m. until midnight will go to our Parks and Recreation Department. A new state-of-the-art McDonald’s will be replacing it. He stated we will try to do this again when the McDonald’s on 15 Mile Road, near Van Dyke, is demolished. Mr. Vanderpool reported on BAE’s grand opening, which was held last week. A video was shown at this time. He stated we are really glad to have BAE here in our community. One good thing about the defense assets we have in Sterling Heights is that in almost all cases they are high-tech engineering research and development jobs, and there is very little manufacturing. When you hear about cut-backs, those usually pertain directly to manufacturing. He noted defense companies are downsizing in other areas of the country, such as Santa Ana, California, and relocating some of those employees to Sterling Heights, which is good news. City of Sterling Heights Chief of Police, Michael Reese, made a presentation regarding the incident that happened with our command officer’s and the improper reporting of leave time. He assures this action will not be tolerated now or in the future. He provided a summary of how this was brought to his attention, the investigation, its conclusion, and the discipline that was implemented to the command officer’s involved. As a result of a thorough investigation, it was learned that most, if not all, 21 command officer’s in total were conducting the practice of adding undocumented time off to their furlough time over the course of a three month period. The conclusion was that the captain involved resigned. The lieutenant’s involved will receive a 30 day suspension, with ten days being held in reserve as a two-year probationary period. The sergeant’s involved will receive a 10 day suspension, with 5 days being held in reserve as a two-year probationary period. The two sergeant’s not participating in the practice, but having knowledge of it, will receive a 5 day suspension, with 3 days being held in reserve as a Regular City Council Meeting Tuesday, March 20, 2010 Page 3 two-year probationary period. It was determined that by removing the suspensions from their banks, excluding their sick time, this would have the least amount of disruption within the police department. He stated we should focus on moving forward and not have one incident cast a negative image on the entire police department. PRESENTATION Father Mychail Rozmarynowycz thanked City Council for recognizing St. Basil’s 50th anniversary in Sterling Heights. He stated it has been a great privilege to be a part of this community. Moved by Schmidt, seconded by Ziarko, RESOLVED, to adopt the resolution recognizing and congratulating St. Basil the Great Byzantine Catholic Church upon its 50th anniversary in Sterling Heights. ~ Resolution ~ Sterling Heights City Council A resolution congratulating and recognizing St. Basil the Great Byzantine Catholic Church upon its Fiftieth Anniversary in Sterling Heights. Established in 1962, St. Basil the Great Byzantine Catholic Church was the first Eastern Right Catholic Church to locate in Macomb County. St. Basil the Great Byzantine Catholic Church is a parish within the Byzantine Catholic Eparchy of Parma, Ohio. Immigrants from Slovakia, Galicia, Russia, Bulgaria, Hungary and Romania brought Byzantine Catholicism to America. The first liturgy in the new church, located at 4700 Metropolitan Parkway, Sterling Heights, Macomb County, Michigan, occurred on March 16, 1969. The parish held its formal dedication on June 7, 1970. The St. Basil Activity Center, built on the grounds of the church property, was dedicated on September 17, 1978. The St. Basil the Great parish is an active member of the Sterling Heights community, sponsoring fundraisers and activities to help meet the needs of the hungry, homeless and abused. The City of Sterling Heights is proud to congratulate St. Basil the Great Byzantine Catholic Church on the occasion of its Fiftieth Anniversary in Sterling Heights and recognizing its community contributions through worship, spiritual guidance, education, outreach and social service. After fifty years of dedicated service, we look forward to the next fifty! NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, and State of Michigan, does hereby congratulate and recognize St. Basil the Great Byzantine Catholic Church upon its Fiftieth Anniversary in Sterling Heights. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sterling Heights to be affixed this 20th day of March, 2012. WALTER C. BLESSED, City Clerk Regular City Council Meeting Tuesday, March 20, 2010 Page 4 Yes: Schmidt, Ziarko, Koski, Notte, Smith, Taylor. Absent: Romano. The motion carried. Ms. Sharon Everitt, representative of Turning Point, Inc., made a presentation. She stated April is recognized across the nation as National Sexual Assault Awareness Month. Turning Point, Inc. believes education is the key to prevention. It takes the active involvement of an entire community to end sexual assault. Moved by Ziarko, seconded by Schmidt, RESOLVED, to adopt the resolution designating April, 2012 as National Sexual Assault Awareness Month in the city of Sterling Heights and encourage all residents to support programs that assist victims in finding the help and healing they need. RESOLUTION STERLING HEIGHTS CITY COUNCIL A resolution of the City Council designating April, 2012 as National Sexual Assault Awareness Month • The month of April has been designated as Sexual Assault Awareness Month (SAAM) in the United States. The goal of SAAM is to raise public awareness and to educate communities and individuals on how to prevent sexual violence. • One out of six women and one out of thirty-three men will be sexually assaulted in their lifetime. College age women are 4 times more likely to be sexually assaulted. • Turning Point, Inc. provides support services to residents of Sterling Heights who seek assistance as a result of sexual assault. • The City of Sterling Heights encourages all victims to seek immediate assistance through agencies like Turning Point, Inc., which operates a crisis line 24 hours a day / 7 days a week at 586/463-6990. NOW, THEREFORE, BE IT RESOLVED, to designate April, 2012 as National Sexual Assault Awareness Month in the city of Sterling Heights and encourage all residents to support programs that assist victims in finding the help and healing they need. This Resolution was approved at the March 20, 2012 Sterling Heights City Council meeting. WALTER C. BLESSED, City Clerk Yes: Ziarko, Schmidt, Koski, Notte, Smith, Taylor. Absent: Romano. The motion carried. Ms. Denice Gerstenberg, Business Development Manager, showed a PowerPoint presentation and explained what the Science, Technology, Engineering & Mathematics (STEM) educational partnership is, how it is related to economic development, and why STEM talent will be a significant driver for economic growth. She highlighted that over the past few months they Regular City Council Meeting Tuesday, March 20, 2010 Page 5 have been working on establishing Michigan’s first dedicated STEM center at Utica Community School’s Rose Kidd Elementary School, located at 17 Mile and Utica Roads. Over 15 different camps will be brought to Rose Kidd this summer. The camps available are one day, three day, and week long camps, all of which are very affordable. She thanked Utica Community Schools and introduced Utica Community Schools Superintendent, Dr. Christine Johns, and Assistant Superintendent, Mr. Robert Monroe. Mr. Monroe stated this started as a conversation between Dr. Johns, Mr. Vanderpool, and Ms. Gerstenberg, and now it will become a reality. It is great to see that the City of Sterling Heights, in partnership with Utica Community Schools, will provide a business avenue to create what he believes is a great partnership at Rose Kidd Elementary. They are very much looking forward to a summer full of programs for the students. Mayor Notte thanked Utica Community Schools for their partnership. Moved by Schmidt, seconded by Ziarko, RESOLVED, to adopt the resolution in support of a Science, Technology, Engineering & Mathematics (STEM) educational partnership between the city of Sterling Heights and Utica Community Schools. Councilwoman Schmidt inquired if the summer camps will only be open to Utica Community School students. Mr. Monroe stated it is not limited to Utica Community School students and there will be opportunities for other students in Macomb County, as well. RESOLUTION Sterling Heights City Council A resolution of the Sterling Heights City Council in support of a Science, Technology, Engineering and Mathematics (STEM) educational partnership with Utica Community Schools. WHEREAS, the demonstrated benefits of a Science, Technology, Engineering & Mathematics (STEM) education include: A significant and long-term positive impact on the nation’s economy. Over the past 50 years, monies expended on STEM education have produced a greater return on investment than any other public expenditure. Approximately one-half of the nation’s economic growth is generated by scientific research and development, a by-product of STEM education; and A prosperous and competitive Michigan workforce. In the new global economy, workforce talent is essential to competitiveness. By increasing the number of college graduates in Michigan by a mere 1%, approximately $1.8 billion would be generated annually in additional personal income. This stimulus to the Michigan economy benefits all businesses. In particular, college graduates are projected to make 75% more that the average high school graduate; and, Opportunity for employment. The demand for college graduates in STEM fields is expected to increase at four times the rate for all other occupations. In Michigan, it is estimated that 62% of all jobs will require post-secondary credentials by 2018.  Regular City Council Meeting Tuesday, March 20, 2010 Page 6 WHEREAS, in order to realize these benefits and exploit these future opportunities, there must be a concerted effort to establish and invest in programs that create an environment conductive to developing STEM talent; and WHEREAS, the need to promote STEM education is acute in the state of Michigan, which ranks 36th among the states in the percentage of its population having attained a college degree. Of the 15 states that have the highest per capita income, 13 also have the highest proportion of adults with a four-year or advanced degrees. Failure to improve this standing will directly impact the future prosperity of this state and its residents; and WHEREAS, the City of Sterling Heights and Utica Community Schools recognize that a prosperous, globally competitive and innovative Michigan requires a workforce highly-skilled in STEM; and WHEREAS, the City of Sterling Heights and Utica Community Schools are committed to creating a STEM partnership that will set the standard for achievement and innovation by developing and sustaining a STEM workforce that grows the Michigan economy and supports new and existing jobs in Michigan communities; and WHEREAS, this City of Sterling Heights and Utica Community Schools STEM partnership will bring government, economic development, non-profits, industry, and education together to: • Integrate PK-12 professional development with industry needs; • Engage industry in the development of meaningful student internships and mentorship programs; • Promote productive, skilled-based training needed in high-tech manufacturing; • Encourage economic development & business to communicate to parents and students how the elevation of STEM competency will provide the jobs of the future and increase Michigan’s economic strength; • Establish industry relationships that encourage development of STEM educational programs; • Establish Michigan’s first dedicated STEM Center that will provide year-round STEM focused opportunities for PK-12 students; and • Develop relationships with professional organizations will help fund STEM initiatives. NOW, THEREFORE, The City Council of the City of Sterling Heights, Macomb County, Michigan, does hereby endorse and support the Science, Technology, Engineering and Mathematics (STEM) educational partnership with Utica Community Schools. Dated this 20th day of March, 2012. MOVED BY: Schmidt. SECONDED BY: Ziarko. AYES: Schmidt, Ziarko, Koski, Notte, Smith, Taylor. NAYS: None. ABSENT: Romano. IN WITNESS WHEREOF, I have set my official signature this 20th day of March, 2012. WALTER C. BLESSED, City Clerk Yes: Schmidt, Ziarko, Koski, Notte, Smith, Taylor. Absent: Romano. The motion carried. CONSENT AGENDA 1. Ms. Gabrielle Oliver, Stevenson High School student, spoke at this time. Moved by Koski, seconded by Schmidt, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of March 6, 2012, as presented. Regular City Council Meeting Tuesday, March 20, 2010 Page 7 B. To approve payment of the bills as presented: General Fund - General Fund - $744,183.85, Water & Sewer Fund - $2,305,719.06, Other Funds - $1,544,580.86, Total Checks - $4,594,483.77. C. RESOLVED, to approve Michigan Department of Transportation Contract #12-5026 in connection with the 19 Mile Road Resurfacing Project, City Project #11-223, and authorize the Mayor and City Clerk to sign it on behalf of the City. D. RESOLVED, to approve Michigan Department of Transportation Contract #12-5027 in connection with the Ryan Road Concrete Repair Project, City Project #11-222, and authorize the Mayor and City Clerk to sign it on behalf of the City. E. RESOLVED, to approve the Consent Special Assessment Agreements and Lien Agreements for Deferred Payment of Special Assessment in conjunction with the 2010 Sidewalk Gap Completion Program, City Project #07-173, Special Assessment District SW-12-01. F. RESOLVED, to approve the Agreement for a Private Onsite Fire Protection System between the City of Sterling Heights and Chrysler Group, LLC for the Chrysler Group Sterling Heights Assembly Plant (SHAP) Proposed Body Shop, SPR-3331, Sec. 21, and authorize the Mayor and City Clerk to sign it on behalf of the City. G. RESOLVED, to: (A) Split the award of the bid for laptop computers and vehicle mounting equipment between: (1) Dell Marketing, L.P., One Dell Way, Round Rock, TX 78682 for: a) Dell Latitude E6400XFR Computer b) Dell 90 Watt Power Supply & Adapter c) Dell Five (5) Year Total Warranty d) Dell Latitude E6400XFR Docking Station e) Dell Docking Station (5) Year Next Business Day Warranty (2) ARC, Inc. 9211 Waterford Center Blvd, Suite 202, Austin TX 78758 for: a) Docking Station Screen Support b) Tilt/Swivel Motion Device: Short Handle c) Tilt/Swivel Swing Arm w/Motion Adapter d) 8.5” – 14.5” Heavy Duty Telescoping Pole-Short Handle e) Fixed Adapter Plate Tall f) Heavy Duty Angle Mounting Bracket – 90 degree g) Universal Heavy Duty Mount h) 1999-2012 Ford F250 – F750 Passenger Side Mount i) 1995-1999 Tahoe / Yukon Telescoping Computer Base j) Docking Station Map Light based on unit prices bid for the respective items awarded; and, Regular City Council Meeting Tuesday, March 20, 2010 Page 8 (B) Authorize budget amendments to: (1) Use U.S. Department of Homeland Security / Federal Emergency Management Agency (FEMA) Assistance to Firefighter Grant (GID# 201112-014) grant revenue (account # 43501040-529000 – Federal Grant-Other) and increase grant expenditure account # 43733337-982001 (Capital Projects – Fire Administration – Machinery & Equipment – Grant) in the amount of $46,912.53 representing 80% of the project cost. (2) Use Capital Projects Fund reserves and increase expenditure account # 43733337- 982001 (Capital Projects - Fire Administration – Machinery & Equipment - Grant) in the amount of $11,728.13 representing the required 20% matching funds. H. Moved to Consideration Item 2. I. RESOLVED, to accept the proposal by Landscape Services, Inc., 22932 Rasch, Clinton Twp., MI 48035 for noxious weed / grass cutting based on the following unit pricing for a three-year period, with the option for two one-year extensions: (Optional) 2012 2013 2014 2015 &16 Improved and select unimproved Lot–Flat Fee $50.00/ea. $52.50/ea. $55.13/ea. $55.13/ea. Medium / Large Unimproved Lot–Hourly Rate $85.00/hr. $89.25/hr. $93.71/hr. $93.71/hr. Add the per Unimproved Lot fee $8.50/ea. $8.93/ea. $9.37/ea. $9.37/ea. Miscellaneous Mowing $65.00/ea. $68.25/ea. $71.66/ea. $71.66/ea. J. RESOLVED, to receive the lawsuit, Philip Louis Huber vs. Sterling Heights Police Department; 41A District Court Case No. S-12-810-GZ. K. RESOLVED, to approve the purchase of copiers for the public library to include maintenance, supplies, installation and training through Konica Minolta Business Solutions, 46921 Enterprise Court, Wixom, MI 48393 at a cost of $23,344 and authorize a budget amendment to use Capital Projects Fund reserves and increase expenditure account # 43779792-982000 (Capital Projects - Library – Machinery & Equipment) in the amount of $23,344. Yes: Koski, Schmidt, Notte, Smith, Taylor, Ziarko. Absent: Romano. The motion carried. CONSIDERATION 2. Item H from the Consent Agenda. Mr. Harry Marchlones expressed his concerns regarding this item. Mr. Vanderpool responded to resident concerns, stating the reality is big manufacturers become our largest taxpayers. The whole idea behind tax abatements is to stimulate more Regular City Council Meeting Tuesday, March 20, 2010 Page 9 investment in the community and to project a business friendly philosophy to businesses. It is a win-win solution. Moved by Taylor, seconded by Ziarko, RESOLVED, to set a public hearing date of April 3, 2012 regarding the application by General Dynamics Land Systems Inc. for an Industrial Facilities Tax Exemption Certificate at 38500 Mound Road / 6420 Seventeen Mile Road. Councilman Taylor stated this is not a vote on the actual tax abatement. This is purely an administrative matter to set the public hearing date. Councilman Smith stated he understands this is just the preliminary vote to get this on the agenda and he is opposed to even putting this item on the agenda. He gave a summary of his position regarding this matter at this time. Yes: Taylor, Ziarko, Koski, Notte, Schmidt. No: Smith. Absent: Romano. The motion carried. COMMUNICATIONS FROM CITIZENS Ms. Lakeyda Allen, District Manager, United Cancer Association – Hold harmless agreement regarding solicitation in the roadway. Mr. George Hamzik – STEM; Traffic enforcement; Police Department personnel matter. Mr. Joseph Rimarcik – Speed limit; Police Department personnel matter. Mr. Charles Jefferson – Recycling and refuse trucks. Mr. Harry Marchlones – City employees; Union contracts and negotiations; DROP program; Longevity program; Modification of retirement algorithm. Mr. Jeffrey Norgrove – Police Department support; Review of Governing Body Rules of Procedure. Mr. Jim Clarke, 33768 Sano Court – Flooding issue on Sano Court. Mr. Giulio Russo – Police Department personnel matter; DTE power outages; Taxes. Mr. Dennis White – Solicitation in the roadway. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Bahorski or Mr. Vanderpool at this time. UNFINISHED BUSINESS There was no Unfinished Business discussed. NEW BUSINESS Regular City Council Meeting Tuesday, March 20, 2010 Page 10 1. Councilman Taylor stated he felt compelled to comment on the police department situation and provided some background on the matter. He stated the punishment for this activity is criminal prosecution. Residents are coming to him and saying if they did this, they would get fired and get prosecuted; why is it any different when a police officer does it. Police officers should be held at a higher standard. As a member of Council and as a representative of the residents, he would like to hear an outside agency tell him that for procedural reasons there is no ability to pursue criminal charges. The question now becomes is the City better off retaining these individuals, or is the City better off removing them and beginning to regain the public’s trust in that way. 2. Councilwoman Ziarko thanked Chief Reese for coming forward and trying to bring light to this situation. She stated she is not happy about this and she is not sure how long it will take the officers to regain the public’s trust. In this case, we have to choose a punishment that is going to be sustainable. She doesn’t want to say let’s fire 21 people and end up in court defending this, because as of now we have no grievances filed against the punishment we are putting in place. That saves us a lot of money. Right now, we have the best option in place in order to move forward. 3. Councilwoman Schmidt inquired to Mr. Vanderpool if Council could be provided with a report, or update, after Mr. Clarke meets with the proper department regarding the flooding in his yard. 4. Councilwoman Schmidt stated, with regards to the police department matter, she is extremely disappointed in the police department. She appreciates Chief Reese for being here and feels he should not have had to be here. The members of the union that participated in this activity should be the ones publically apologizing to Council and to the residents. The City is not going to release the names of the police officers involved until every media outlet FOIA’s the information and then we have to release the names. It is not the City’s idea to put those names out there. Unfortunately, it is public information. She feels the lawsuit that the union has filed against the City should go away. 5. Councilwoman Koski stated she has always supported our police department. With this situation, she is disappointed and embarrassed. She has confidence those police officers involved will step forward and apologize to the residents of Sterling Heights for what they Regular City Council Meeting Tuesday, March 20, 2010 Page 11 did. She wants the Chief to know that he has her support in all of this. He has a very difficult job to do. She does not feel the names of the police officers should be released. She hopes we can get over this, move forward, and again be proud. 6. Councilman Smith stated when he first heard about the police investigation starting, his initial fear was there would be a complete cover up and everyone would get off scot-free. He does not feel publishing the list of names is an issue. He spoke regarding the command officer’s contract negotiations, arbitration, and the lawsuit they filed against the City. Councilman Smith spoke regarding the current situation and the punishment for this activity, stating a minor loss of pay is essentially all that is going to happen. He inquired to Mr. Vanderpool if this is going to be deducted from the banked sick time that can be cashed in upon retirement. Mr. Vanderpool responded that one individual resigned over this matter. The lost productivity that resulted from each lieutenant equated to, on average, $516 each. The disciplinary action imposed will recover approximately $8,700 per person. That will be recovered through taking any earned leave time that they have. The lost productivity that resulted from each sergeant equated to, on average, $408 each. The disciplinary action imposed will recover approximately $1,700 per person. The total amount of lost productivity over the three-month period of time equated to $50,000. We will recover approximately $100,000 through the suspensions. In addition, we will not be filling the captain’s position, which in and of itself, is over $100,000. Councilman Smith inquired if there is a maximum cap on the amount of banked leave time that can be cashed in upon retirement, and is the definition of a day equal to 8 hours pay. Mr. Vanderpool responded at this time. Chief Reese stated it is a ten-hour day, times 4 days, which equals 40 hours. It is not figured at the eight-hour shift. Councilman Smith stated it would be nice to put this behind us and he hopes the command officers drop the lawsuit. 7. Mayor Notte stated all of the violations were done in the command officers association. We were a three captain department, and now we are a two captain department. The two remaining captains are taking over the duties of the captain that resigned. He thinks the Regular City Council Meeting Tuesday, March 20, 2010 Page 12 disciplinary action is severe. Thirty days is a big hit for a lieutenant. He thinks we really stepped up to the plate and this will make us a better police department. We had some good discussion tonight and we should move forward. 8. Councilwoman Ziarko stated she was hoping we could investigate a different kind of time keeping system, perhaps where the officers would have to give their thumbprint to clock in and out, and get away from keeping track via time sheets. ADJOURN Moved by Schmidt, seconded by Ziarko, to adjourn the meeting. Yes: Schmidt, Ziarko, Koski, Notte, Smith, Taylor. Absent: Romano. The motion carried. The meeting was adjourned at 9:35 p.m. WALTER C. BLESSED, City Clerk