City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, JUNE 5, 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; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Moved by Koski, seconded by Romano, to approve the Agenda as presented. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported on the 2012 Music in the Park concert series beginning Thursday, June 7th and running through Thursday, July 19th. The free concerts are performed on Thursday evenings at 7 pm at the Dodge Park Bank Shell. The schedule is available on the City’s website or by calling the Parks & Recreation Department. Mr. Vanderpool reported on the Voluntary Odd/Even Watering Policy to reduce instances of low water pressure and help control future water rate increases from the City of Detroit. The voluntary outdoor water use restrictions are from Memorial Day through Labor Day. Homeowners with addresses ending in odd numbers should water lawns, fill swimming pools or wash cars on odd numbered calendar dates. Likewise, residents with even number addresses should follow the same procedure on even numbered dates. In addition, all residents should limit outdoor water use between 5-9 am and 6-9 pm when water consumption is at its peak. Mr. Vanderpool reported on the free Paper Shredding Day from 10 am to 1 pm on Saturday, June 9th at the Department of Public Works Building. Sterling Heights residents will be allowed to bring a limit of 3 office paper-sized boxes of their important Regular City Council Meeting Tuesday, June 5, 2012 Page 2 paper documents (such as bank statements, cancelled checks, credit cards, tax records, etc.) that they would like to have shredded for free on site. Not accepted for shredding are newspapers, cardboard, magazines, books, plastics, etc. Mr. Vanderpool was pleased to announce a new $21 million corporate investment that will bring 90 new automotive jobs to the City. He stated AGS Automotive (AG Simpson) purchased the vacant Borg-Warner facility, which is the largest vacant manufacturing site in the City located at 18-1/2 Mile between Mound and Van Dyke. Mr. Vanderpool publicly recognized Economic Development Manager Kasey Green for her effort in working with these entities. Mr. Vanderpool requested at the conclusion of the regular agenda, the City Council go into closed session to discuss pending litigation involving Motor City Fireworks, LLC vs. City of Sterling Heights and labor strategy in connection with the collective bargaining agreements. PRESENTATION Dr. Robert Livernois, Superintendent of Warren Consolidated Schools, made a presentation regarding the recognition of Sterling Heights High School as one of the top high schools in the United States. President of the Warren Consolidated Board of Education Ms. Sue Kattula, Principal Allison Beard and Teachers Melissa Bednard and Lori Rice joined him. He stated the US News & World Report ranked Sterling Heights High School as number 1 in Macomb County, 28th in Michigan and in the top 6% of public high schools in the nation. Dr. Livernois presented a banner to the City and asked that it be displayed in a prominent place. Moved by Schmidt, seconded by Ziarko, RESOLVED, to congratulate Warren Consolidated Schools and the administrators, teachers, parents and students for their collective contribution to the prestigious ranking of Sterling Heights High School as one of the top public high schools in the United States. Councilwoman Schmidt thanked the teachers and staff for their hard work, dedication and patience, stating it is truly appreciated. Yes: All. The motion carried. Regular City Council Meeting Tuesday, June 5, 2012 Page 3 Mr. Sal Conigliaro pointed out on February 21, 2012, City Council accepted a proposal and granted a license to Waste Managements, Inc. to market, implement and operate a voluntary subscription-based, curbside-recycling program. Mr. Patrick Greve from Waste Management, Inc. explained the “Recycle Sterling Heights” program and invited residents to sign up either online at www.wm.com/wm/sterlingheights or by calling 866-797-9018. He explained this is a single stream program where all recyclables could be placed in the same 96-gallon container that would be supplied by Waste Management. The cost is $4.95 per month, with an initial $5.00 account setup fee. ORDINANCE INTRODUCTION 1. Mr. Donald Mende, City Planner, made a presentation for Council consideration of an introduction of a map amendment to Zoning Ordinance No. 278 to conventionally rezone property on the north side of 15 Mile Road between Dequindre Road and Shell Drive in Section 30 from R-60 to O-1, Case No. Z-1121. He stated the petitioner is requesting this rezoning in order to develop the subject property with a dental practice. The Planning Commission met in April and unanimously recommended approval of the rezoning. Dr. Randolph Gryebet of 2727-14 Mile Road stated he would like to own and build his own dental practice and remain in the area where he is serving his patients. Mr. Mark Lasinski of 2509 15 Mile Road stated his property would be locked in if this property were approved for rezoning. He believes this would be detrimental to his property value. Moved by Romano, seconded by Notte, RESOLVED, to introduce a map amendment to Zoning Ordinance No. 278 to conventionally rezone property on the north side of 15 Mile Road between Dequindre Road and Shell Drive in Section 30 from R-60 (One Family Residential District) to O-1 (Business and Professional Office District); Case No. Z-1121. Councilman Romano stated with O-1 on both sides, he believes it would increase the homeowner’s property value. Regular City Council Meeting Tuesday, June 5, 2012 Page 4 Mayor Notte agreed with the comments by Councilman Romano and stated the property owner could put his property up for sale and whoever bought it would probably rezone it to O-1. Councilwoman Koski stated the Planning Commission would be reviewing the Master Plan and she inquired whether they could rezone this residential property to O-1, making it nonconforming. She inquired what was worth more – residential or office. Councilwoman Schmidt inquired the dimensions of the residential property and whether O-1 could be built on that parcel. Councilman Smith expressed some objections to the rezoning. He stated there is an abundance of vacant medical office space on 16 Mile Road and he believes it would be better for the City to reoccupy an existing building rather than rezone residential property to another type of zoning. The sole surviving neighbor opposes it and zoning is a thing where people have a right to expect some stability. He is against this rezoning request. Councilman Taylor inquired the amount of investment the doctor plans for this parcel of property and why he is leaving his present location. In regard to the residential property, he stated it is not appropriate for Council to tell a property owner what they should be doing with their property. He will vote in favor of the introduction, but doesn’t want it to be an indication of what he would do later. Councilwoman Ziarko stated she could sympathize with Mr. Lasinski as he would be the only residential property, but understands the doctor’s desire to have his own building. She agrees with the rezoning of this parcel. Roll call vote: Yes: Romano, Notte, Koski, Schmidt, Taylor, Ziarko. No: Smith. The motion carried. 2. Assistant City Attorney Donald P. DeNault, Jr. made a presentation relating to the new state laws and regulations governing fireworks. He pointed out the ordinance specifies that pursuant to the new state statute consumer fireworks can be legally used during the 10 “national holiday” periods, totaling 30 days each year. Outside of this time frame Regular City Council Meeting Tuesday, June 5, 2012 Page 5 consumer fireworks are banned. The ordinance includes regulations governing the ignition of fireworks and the discharge of fireworks. Mr. Gerald Sieja questioned how residents would be notified and police response to complaints. He stated additional information needs to be presented to the residents. Mr. Geoff Gariepy was concerned with the use of fireworks in condominium complexes and stated the City needs to provide some relief for those residents. He hoped the City would reconsider the use of other terms of ignition. Mr. Jeff Norgrove was concerned with enforcement of the ordinance. Moved by Romano, seconded by Taylor, RESOLVED, to introduce the ordinance amending Article V of Chapter 20 of the City Code to comply with new state laws and regulations governing fireworks. Councilman Romano stated he agrees with the residents that it’s the 4th of July everyday in the residential neighborhoods. He would like to see restrictive hours from 9 am to 10 pm in residential neighborhoods and condominium complexes. Councilman Taylor questioned whether the City could prohibit the use of fireworks in apartment complexes. He inquired whether time limits as suggested by Councilman Romano would be permitted under the state statute. Councilman Taylor questioned the City’s noise ordinance and how it would relate to the use of fireworks. He inquired whether it would be a violation of the City’s noise ordinance if people used fireworks after dark on the 4th of July. Councilman Taylor discussed the method of igniting the fireworks and inquired whether we could just state that they could only ignite them in a safe manner. He hopes people would follow the ordinance, but doubts they would. He stated he would be comfortable with some time parameters also. Councilwoman Koski suggested we review the ordinances we have now and incorporate the language into this ordinance. Councilwoman Schmidt concurs with Councilwoman Koski’s suggestion. She stated as a point of reference for anyone looking at the fireworks ordinance, we need to have a clear picture of what is already in place in our other ordinances. Regular City Council Meeting Tuesday, June 5, 2012 Page 6 Councilman Smith stated fireworks could only be used on private property, so the apartment and condominium issue is a non-issue. He criticized the state for undercutting the City’s authority because they knew that there would be a lot of political opposition. Councilman Smith asked the Assistant City Attorney to read the ten holidays mentioned in the new state law. Councilman Smith made a motion to postpone this issue until the second meeting in September. His motion lost for lack of support. Councilwoman Ziarko questioned whether the police and fire departments believed there would not be as many complaints because of this new law. Councilwoman Ziarko questioned the disadvantage of postponing this issue and stated it might be advantageous to put this ordinance in place at this time and the Council has the option to revise these rules if they are not what we need or want. Mayor Notte questioned whether the Council could impose time constraints on the 10 holidays/30 days a year. He believes it is going to be very hard for the police to have any control on these 30 days. Roll call vote: Yes: Romano, Taylor, Notte, Schmidt, Ziarko, Koski. No: Smith. The motion carried. CONSENT AGENDA 3. Mr. Dennis White discussed items C and I. Moved by Koski, seconded by Romano, to approve the Consent Agenda: A. To approve the minutes of the Special Meeting of May 8, 2012 and Regular Meeting of May 15, 2012. B. To approve payment of the bills as presented: General Fund - $1,092,058.81, Water & Sewer Fund - $1,008,899.17, Other Funds - $1,090,933.09, Total Checks - $3,191,891.07. C. RESOLVED, to approve the First Amendment to Refuse and Yard Waste Collection Contract between the City of Sterling Heights and Waste Management of Michigan, Inc. and authorize the Mayor and City Clerk to sign it on behalf of the City. Regular City Council Meeting Tuesday, June 5, 2012 Page 7 D. RESOLVED, to award the bid for rental of tents, tables, chairs and accessories for City events to American Rentals, Inc., 4901 W. Grand River Ave., Lansing, MI 48906, at unit prices bid for a one-year period, with an option to extend pricing one additional year. E. RESOLVED, to renew the Administrative Services Contract with Blue Cross Blue Shield of Michigan for the period of July 1, 2012 through June 30, 2013 with monthly fees of $53.92 per employee/contract for claim administration and $27.43 per employee/contract for specific stop loss insurance at a $250,000 self-insured retention for the self-insured health care benefits plan, and authorize the Mayor and City Clerk to sign all documents required in conjunction with this renewal, upon review and approval by the City Attorney. F. RESOLVED, to: (A) Award the bid for the 2012 Concrete Replacement Program, City Project #12- 228, to Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, MI 48185 for Section I “Local Roads” and Section II “Sidewalk (Ramps & Repairs)” in the cumulative amount of $483,000, and Section III “Major Roads” in the amount of $243,600 and authorize the Mayor and City Clerk to sign the contract on behalf of the City; and, (B) To authorize a budget amendment of $60,000 from the Major Road Fund to complete additional repairs. G. RESOLVED, to approve the Cost Sharing Agreement for the 2012 Pavement Preservation Program, subject to approval by the Macomb County Department of Roads, and authorize the Mayor to execute the Agreement on behalf of the City of Sterling Heights. H. RESOLVED, to approve final payment to Scodeller Construction, 51722 Grand River Avenue, Wixom, MI 48393 in the amount of $5,090.60 plus interest on retainage for the 2011 Joint Sealing Program, City Project #11-219. I. RESOLVED, to adopt the resolution establishing new polling locations for elections conducted in the City of Sterling Heights: RESOLUTION STERLING HEIGHTS CITY COUNCIL Regular City Council Meeting Tuesday, June 5, 2012 Page 8 A resolution approving the election polling locations in the City of Sterling Heights  MCL 168.662 of Michigan election law provides that the legislative body in each city, village or township designates the polling locations for elections.  Every ten years, a United States census is completed that result in changes to the boundaries for federal congressional and other political office districts.  The Sterling Heights Election Commission has met and approved new precinct boundaries. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Sterling Heights, County of Macomb, Michigan, approves the following polling locations for the August 7, 2012 election and subsequent elections: Precinct Number Polling location Address 1 Angus Elementary 3180 Hein Drive 2 Harwood Elementary 4900 Southlawn Drive 3 Carleton Middle School 8900 Fifteen Mile 4 Black Elementary 14100 Heritage Road 5 Maple Lane Elementary 34600 Dryden Drive 6 Willow Woods Elementary 11001 Daniel Drive 7 Grissom Middle School 35701 Ryan Road 8 Hatherly Elementary 35201 Davison Street 9 Willow Woods Elementary 11001 Daniel Drive 10 St. Blasé Catholic Church 12151 Fifteen Mile Road 11 Bruce Collins Elementary 12900 Grand Haven 12 Gibbing Elementary 11303 Greendale 13 Hatherly Elementary 35201 Davison Street 14 Holden Elementary 37565 Calka Drive 15 Holden Elementary 37565 Calka Drive 16 Jefferson Elementary 37555 Carol Drive 17 Jefferson Elementary 37555 Carol Drive 18 Oakbrook Elementary 12060 Greenway Drive 19 Heritage Jr. High 37400 Dodge Park Road 20 DeKeyser Elementary 39600 Atkinson Drive 21 Messmore Elementary 8742 Dill Drive 22 Flynn Middle School 2899 Fox Hill Drive 23 Schuchard Elementary 2900 Holly Drive 24 Schuchard Elementary 2900 Holly Drive 25 Plumbrook Elementary 39660 Spalding 26 Hope Baptist Church 42259 Hayes Road 27 Graebner Elementary 41875 Saal Road 28 Havel Elementary 41855 Schoenherr 29 Havel Elementary 41855 Schoenherr 30 Schwartzkoff 8401 Constitution Blvd 31 Schwartzkoff 8401 Constitution Blvd 32 Jeannette Jr High 40400 Gulliver Road 33 Jeannette Jr High 40400 Gulliver Road 34 Burr Elementary 41460 Ryan Road 35 Presbyterian Church of Utica 11300 Nineteen Mile Road 36 Bemis Jr. High 12500 Nineteen Mile Road 37 Graebner Elementary 41875 Saal Road 38 Browning Elementary 12400 Nineteen Mile Road 39 Bemis Jr. High 12500 Nineteen Mile Road Regular City Council Meeting Tuesday, June 5, 2012 Page 9 40 Christ Lutheran Church 12500 Canal Road 41 Presbyterian Church of Utica 11300 Nineteen Mile Road 42 Christ Lutheran Church 12500 Canal Road 43 Macedonian Cultural Center 43133 Ryan Road 44 Burr Elementary 41460 Ryan Road 45 Fire Station 5 41625 Ryan Road This resolution was approved at the June 5, 2012, City Council Meeting by the Sterling Heights City Council. Moved by: Koski Seconded by: Romano AYES: Koski, Romano, Notte, Schmidt, Smith, Taylor, Ziarko. NAYS: None. ABSENT: None. IN WITNESS WHEREOF, I have set my official signature, this 5th day of June, 2012. WALTER C. BLESSED, City Clerk J. RESOLVED, to receive the lawsuit, Motor City Fireworks, LLC vs. City of Sterling Heights; Macomb County Circuit Court Case No. 12-2347-CZ. Yes: All. The motion carried. CONSIDERATION 4. Mr. Vanderpool made a presentation explaining the three substantive amendments to the City of Sterling Heights Governing Body Rules of Procedure: Imposition of a time limit on public comment, Order of persons addressing the City Council and Procedure for Council members to supplement materials relating to agenda items. Mr. Jeff Norgrove believes if there is a 4-5 minute time limit on citizen comments it should apply to the City Council as well. Also, he feels a councilperson should be allowed to refute comments made at the podium if it is a personal attack. Mr. Geoff Gariepy doesn’t feel there is a need for time limits on citizen comments. He stated the Mayor does a good job of controlling the length of time for citizen comments. In regard to the order of persons addressing the City Council, Mr. Gariepy doesn’t believe we need to recognize nonresidents because this is our meeting. As it relates to supplemental materials being presented by council members, he feels there might be some value in allowing people to add their comments and presentations. Regular City Council Meeting Tuesday, June 5, 2012 Page 10 Ms. Linda Godfrey is totally against time limits on citizen comments and believes it is a violation of our freedom of speech. In regard to the order of persons addressing the City Council, Ms. Godfrey is totally against any change that would specify a nonresident would have to speak last or not at all. As it relates to a council member being able to submit supplemental materials, she believes the council member has a right to tell the citizens about the item. She suggested that a council member could excuse themselves from the table and go down and speak at the podium as a resident. Mr. Gerald Sieja is against time limits and believes Mayor Notte is doing a good job governing the meetings. In regard to the order of persons addressing the City Council, he doesn’t care who speaks first, as this is America and people have a right to speak. Mr. Sieja feels Councilman Smith should have been given an opportunity to present his additional information. He believes this whole packet of governing rules should be dismissed. Moved by Romano, seconded by Notte, RESOLVED, to approve amendments to Rule Nos. 5 and 7 of the City of Sterling Heights Governing Body Rules of Procedure to establish a time limit on persons addressing the City Council and provide for a preference for residents in the order of persons addressing the City Council. Councilman Romano believes four minutes is more than adequate time for a person to speak and if they need more time the Mayor or a Council member could allow the additional time. In regard to the administration looking over supplemental information, we are concerned about litigation and it is advantageous to have the information supplied in advance. Councilwoman Schmidt wants to tweek the time limit to five minutes total. As far as residents vs nonresidents, she would like to see the residents speak first unless the residents want the nonresidents to speak first. Councilman Taylor expressed concern with people who try to monopolize the meetings. He stated in a sense we already have time limits because the Mayor can say when he’s heard enough. He would be more comfortable with six to eight minutes, rather than four Regular City Council Meeting Tuesday, June 5, 2012 Page 11 minutes. In regard to the order of persons addressing the council, he doesn’t know how this would work and sees no benefit to choosing the order of speakers. Councilwoman Koski believes the Mayor is doing a fine job and has control over the speakers. She stated it might be a good idea to set a time limit somewhere between five and eight minutes. Councilwoman Koski feels it would be a courtesy to allow residents to speak first. Councilman Smith stated as far as the order of speakers, he doesn’t see where the order of speakers will impact the total time at all. He believes we should let visitors speak first and then residents or we could leave this to the Mayor’s discretion. As far as time limits, they should be placed on the administration as well as the residents. Councilwoman Ziarko would agree to a time limit if more council members would be in favor of it. She suggested she would be willing to compromise with six minutes to get Councilman Taylor on board. As far as the order of speakers, she doesn’t care who speaks first. Councilwoman Ziarko is in favor of a six-minute time limit with a warning at 5-1/2 minutes. Mayor Notte pointed out there is no big hurry to adopt the amendments. He would prefer to see this postponed for additional information from the residents and council members and have the City Attorney consolidate the information that was presented this evening. He would like to see some type of time limit and would agree with Councilwoman Ziarko if Councilman Taylor would agree to six minutes with one minute to summarize, for a total of seven minutes. In regard to residents and nonresidents, it could be a policy and not subject to any rules. Mayor Notte stated in regard to supplemental materials presented by council members, administration should make all the presentations. Mr. Bahorski pointed out the City Council members have the option to suspend the Council rules at any time and allow speakers to continue their comments. As far as the order of speakers, we should let the Mayor handle that. Moved by Romano, seconded by Koski, RESOLVED, to amend the motion to modify the original time limit from four to six minutes, with one minute for summation and remove the order of speakers for residents and nonresidents. Regular City Council Meeting Tuesday, June 5, 2012 Page 12 Councilman Taylor stated he would support this amendment to the extent that it is six minutes and someone should alert the speaker that they have one minute left. Roll call vote on amendment to the motion: Yes: Romano, Koski, Notte, Schmidt, Taylor, Ziarko. Absent: Smith. The motion carried. Roll call vote on original motion as amended: Yes: Romano, Notte, Koski, Schmidt, Taylor, Ziarko. No: Smith. The motion carried. Suggested Action No. 2: Moved by Romano, seconded by Taylor, RESOLVED, to approve an amendment to Rule No.7 of the City of Sterling Heights Governing Body Rules of Procedure to establish a procedure for Council members to supplement materials relating to agenda items. Councilman Romano stated this item relates to Council members being surprised by another council member bringing in supplemental materials at the meeting without other Council members being aware of it and not being able to discuss it or see the validity of it. This allows the administration to review the materials and then give it to the other Council members. Councilman Taylor stated this is an issue that needs to be addressed. He pointed out sometimes people find it necessary to present visual aids and that is the right thing to do, but there is an interest in keeping the meeting running smoothly. Councilman Taylor would like to see visual aids limited to charts, graphs and/or pictures and stated slides with words are a waste of time. Councilman Smith stated there could not be a fair and open discussion until both sides have equal access. He is against the motion on the floor. Councilwoman Ziarko stated a Council member could leave their seat and go to the podium and say what they want to say as a resident. She stated when she hears a Regular City Council Meeting Tuesday, June 5, 2012 Page 13 presentation from the City Manager or City administrators, she knows they are responding to the direction given them from the City Council. Mr. Bahorski presented his personal opinion that once a Council member is elected to serve they represent the City and it would not be proper for them to step down and speak at the podium as a resident. Councilwoman Koski stated in regard to the supplemental materials, the City Manager prepares the agenda. If a Council member wants to submit additional information they should present it to the City Manager and he can review it and then pass it on to the rest of the Council. Councilwoman Schmidt stated the present policy has worked for a long time and there has not been any issue. If a Council member has information and they want to present it to the rest of the City Council, she has no problem looking over the additional information. She is concerned with litigation as well and stated she is comfortable with the way we have been doing things. Moved by Taylor, seconded by Smith, to amend the motion on the floor to limit visual aids to charts, graphs and pictures being in digital form. They cannot include any video or audio. The information would be presented to the City Manager by noon of the business day preceding the City Council meeting and the City manager may keep the slide off of the agenda only with the opinion of the City Attorney that it would open the City to liability. Moved by Romano, seconded by Ziarko, to postpone approval of an amendment to Rule No. 7 of the City of Sterling Heights Governing Body Rules of Procedure to establish a procedure for Council members to supplement materials relating to agenda items, as amended, to the Regular Meeting of July 17, 2012. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Geoff Gariepy – Council publishing their own thoughts. Ms. Linda Godfrey – City survey; AMC liquor license. Regular City Council Meeting Tuesday, June 5, 2012 Page 14 Mr. Gerald Sieja – Thank you to the City custodial staff for all their hard work throughout the years. Thank you to the retirees: Larry from the Planning Department, Joe Sturza from Community Relations, Pat Brockway and Ed Piet. Mr. Jeff Norgrove – Thanked Gerald Sieja for everything he has done and for his service on the Citizens Advisory Committee; AMC liquor license; Licensing of rental properties; Sterling First campaign. Mr. Harry Marchlones – Opposed to a special tax for police and fire department; Eliminate the private use of City vehicles by employees. CONSIDERATION 5. Mr. Vanderpool made a presentation on the Memorandum of Understanding and new Collective Bargaining Agreement between the City of Sterling Heights and Michigan Association of Public Employees (MAPE) - Executive Group. Mr. Vanderpool appreciates the cooperation of this group and stated they have exceeded what the administration was seeking. He recommends Council approve this Memorandum of Understanding. Mr. Gerald Sieja hopes the City Manager would give back just as much if not more than the administrative people are giving back. He doesn’t agree with the reemployment of City employees in a part-time position for not more than 1,500 hours per fiscal year and stated there are a lot of people out of work and looking for jobs. Mr. Sieja questioned the compensatory time and inquired who currently gets the most compensatory time. He questioned how many of the administrators would be retiring. Mr. Geoff Gariepy questioned whether the Collective Bargaining Agreement would continue with the same concessions given up by the Memorandum of Understanding and include the wage freeze. Mr. Vanderpool responded to Mr. Sieja’s comments about the rehiring of employees and stated this would only be for a one-year period and it would allow the City to use the professionals that already know the job. He stated this would save the City a lot of money and it is a short-term solution to a significant Regular City Council Meeting Tuesday, June 5, 2012 Page 15 turnover transition period that we will have over the next couple of years. Everyone in this group is eligible to retire except for one individual. In reply to Mr. Gariepy, he referenced 2010 and under the new bargaining agreement that freeze would continue at the 2010 rate and any new employees would have a 20% reduction from that base. Moved by Ziarko, seconded by Koski, RESOLVED, to approve the Memorandum of Understanding for the period of July 1, 2012 to June 30, 2013 and Collective Bargaining Agreement for the period of July 1, 2013 to June 30, 2014 between the City of Sterling Heights and Michigan Association of Public Employees – Executive Group and authorize the Mayor and City Manager to sign the agreements on behalf of the City. Yes: All. The motion carried. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no other report from either Mr. Bahorski or Mr. Vanderpool at this time. Councilwoman Koski discussed the K-2 spice issue and inquired whether the City Manager or City Attorney should research this issue and report back to the City Council. Councilman Smith stated he researched the K-2 issue and found that the County already has an ordinance in place, so there is no further action needed at this level. Councilman Smith accused Waste Management of being dishonest in their presentation when they stated the service would cost the residents $4.95 per month. He stated the cost of the program is $64.40 per year and that figure was never mentioned. Councilman Smith stated AMC Theatre became CMC Theatre as soon as the City Council gave them a liquor license. He hopes one of the four City Council members that approved the liquor license would reconsider the motion and let the new owners apply for a liquor license. Councilman Smith reported this Saturday and Sunday, June 9th and 10th is the Relay for Life at Dodge Park and he invited residents to attend. Councilman Taylor took exception to a comment made by Councilman Smith in regard to the presentation by Waste Management. He stated Waste Management is not being dishonest with their advertising. The $4.95 per month is the same as the $64.40 per year. Regular City Council Meeting Tuesday, June 5, 2012 Page 16 In regard to the AMC liquor license, he stands by what he did and sees no reason to reconsider his motion. Councilwoman Ziarko recommended the City Administration and City Attorney research the process to trademark the word “Sterlingfest”. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Moved by Ziarko, seconded by Taylor, to recess to closed session to discuss pending litigation involving Motor City Fireworks, LLC vs. City of Sterling Heights and labor strategy in connection with the collective bargaining agreements. Roll call vote: Yes: Ziarko, Taylor, Koski, Notte, Romano, Schmidt, Smith. The motion carried. The meeting was recessed at 11:06 p.m. ADJOURN Moved by Notte, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 11:19 p.m. WALTER C. BLESSED, City Clerk