City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, JUNE 19, 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 Kelton Winnega, Acting 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; Kelton Winnega, Human Resources Director (Acting City Clerk); Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Councilman Romano requested that Consent Agenda Item E be moved to Consideration Item 6. 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 new construction activity on the north side of 16 ½ Mile Road west of Dodge Park for Copper Creek. He explained this is a new single-family development from Ioacopelli Homes. Brushing and clearing activity has commenced and model permits are currently under review. Copper Creek will consist of 17 homesites with home sizes of approximately 2,500 square feet. The builder expects prices to begin at $230,000, which includes ceramic tile, granite countertops, upgraded cabinetry and will offer a 3-car garage option. Model construction should begin within the next week or two. Mr. Vanderpool pointed out other current projects: Hampton South – located on the east side of Schoenherr Road north of Clinton River Road; 12 homesites total and 9 are either completed or underway by Prano Homes. Westbrook - located on the south side of Plumbrook Road west of Dodge Park Road; 49 homesites and 13 are underway by the Regular City Council Meeting Tuesday, June 19, 2012 Page 2 Gallo Companies. Toussaint – located on the southwest corner of 19 Mile and Saal Roads; 75 homesites in Phase I and 41 are completed or underway by Lombardo Homes. Woods of North Sterling – located on the south side of 19 Mile Road between Ryan and Mound Roads; 150 homesites and 139 are completed or underway; expected to be sold out by year-end; by multiple builders. Mr. Vanderpool pointed out with the census count, Sterling Heights was the only large city in Michigan to grow in population. In another piece of good news, he reported Dequindre Road widening has started up again and design work is underway. An informational meeting is being held this Thursday. The bad news is construction will not start until 2016. Mr. Vanderpool reported in observance of Independence Day, City offices (City Hall, Library, Nature Center, Recreation Center, Senior Activity Center and 41-A District Court) will be closed on Wednesday, July 4 and refuse collection will be delayed one day. Normal business hours will resume on Thursday, July 5. Mr. Vanderpool reported there was discussion at the beginning of the year that the City was considering reducing hours of operation for all City buildings, but as a result of the successful bargaining and new agreements in place, it is no longer necessary and hours will not be reduced. Mr. Vanderpool recognized all the volunteers for their efforts in sprucing up the City and invited anyone interested in volunteering to visit the City’s website and fill out the form. Mr. Vanderpool, along with the City Attorney, is requesting that City Council convene in closed session at the conclusion of tonight’s agenda to discuss pending litigation – Police Officers Association of Michigan vs. Sterling Heights and strategy in connection with the negotiation of collective bargaining agreements. PRESENTATION Mr. Steve Guitar, Community Relations Director, invited Mayor Notte and the City Council members to join him in presenting the 2012 Board, Commission and Committee Service Awards and City Employee Recognition Awards. Mayor Notte honored Councilwoman Barb Ziarko for ten years of faithful service to the residents of Sterling Heights. Regular City Council Meeting Tuesday, June 19, 2012 Page 3 Councilwoman Ziarko honored commission participants for ten years of service: Benjamin Ancona, Frank Henke and Robert Zimmerman. Unfortunately, none of the participants were able to attend. Councilman Smith presented an award to Douglas Harvey for 35 years of service on the Board of Code Appeals. Councilwoman Schmidt presented an award to Richard Padovini for 40 years of service on the Police and Fire Pension Board. Councilman Romano presented an award to George Hamzik as the Volunteer/Part Time Employee of the Year. He pointed out Mr. Hamzik was responsible for the removal of 1200 illegal signs. Councilwoman Koski presented Henrietta Baczewski with the Commissioner of the Year award for her many years of service on the Beautification Commission. Councilman Taylor presented the award for Board of the Year to the Sterling Heights Community Foundation. Mr. Karl Oskoian accepted the award with Dr. Martin Brown and Sharon Arend. Mr. Mark Vanderpool presented the Administrator of the Year award to Mike Crimmins, City Broadcast Services Manager. Mr. Steve Guitar recognized Karen Kazmer as the Full time Employee of the Year. Police Chief Mike Reese presented an award to Communications Officer Nancy Friedel as Communications Officer of the Year. Chief Reese recognized Animal Control Officer Jeff Randazzo as the Police Department Civilian Employee of the Year, Police Officer Rob Kovalcik as Police Officer of the Year and Lt. Bob Henigan as Command Officer of the Year. The officers were not present to accept their awards. Moved by Romano, seconded by Schmidt, RESOLVED, to recognize and honor the 2012 Board, Commission and Committee Service Award and City Employee Recognition Award recipients whose selfless dedication and devotion to public service makes Sterling Heights city government and quality of life second to none. Yes: All. The motion carried. Mayor Notte called a ten-minute recess at 8:05 p.m. Regular City Council Meeting Tuesday, June 19, 2012 Page 4 Mayor Notte reconvened the meeting at 8:16 p.m. ORDINANCE INTRODUCTION 1. Mr. Brian Baker, Finance & Budget Director, explained the amendments to the 2011/12 fiscal year budget. He pointed out this is the first reading and scheduled for adoption on July 3rd. Moved by Taylor, seconded by Ziarko, RESOLVED, to introduce the final amendment to the Appropriations Ordinance for the 2011/12 fiscal year. Yes: All. The motion carried. ORDINANCE ADOPTION 2. Mr. Charles Jefferson spoke against the rezoning of property on the north side of 15 Mile Road between Dequindre Road & Shell Drive from R-60 to O-1, stating it is not necessary to add more office in this area. Moved by Romano, seconded by Ziarko, BE IT ORDAINED, to adopt the 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. CITY OF STERLING HEIGHTS COUNTY OF MACOMB, MICHIGAN ORDINANCE NO. 278-171 AN ORDINANCE TO AMEND THE MAP OF THE ZONING ORDINANCE OF THE CITY OF STERLING HEIGHTS, MICHIGAN. THE CITY OF STERLING HEIGHTS ORDAINS: Section 1. That the following parcels of land located in the City of Sterling Heights, Macomb County, Michigan, and described as follows: Land situated in the County of Macomb, State of Michigan, described as follows: Lot 87, except the West 46.83’ of the North 120’ of said Lot 87 and the East 29.20’ of the North 200’ of said Lot 87; Lot 88, except the North 120’ of said Lot 88; and Lot 89, except the North 200’ of said Lot 89, of Hickory Heights Sub., part of Section 30, T2N, R12E, City of Sterling Heights, Macomb County, Michigan as recorded in the recorded plat thereof in Liber 7, Page 5, Macomb County Records Subject to any and all easements and rights of way of record or otherwise. Parcel Identification No. Parcels 10-30-352-044, 10-30-352-015, and 10-30-352-019 Regular City Council Meeting Tuesday, June 19, 2012 Page 5 Commonly known as: 2449, 2423, 2479 Fifteen Mile Road Common Description: North side of 15 Mile Road between Dequindre Road and Shell Drive in Section 30, Z-1121 be rezoned from R-60 (One-Family Residential) to O-1 (Business and Professional Office) in accordance with the Zoning Ordinance of the City of Sterling Heights and that the Zoning Map be amended accordingly. Section 2. All other provisions of the text and map of the Sterling Heights Zoning Ordinance shall remain in full force and effect. Section 3. This amendment shall become effective seven days after publication of this amendment or a notice of adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 5th day of June, 2012, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 19th day of June, 2012. WALTER C. BLESSED, City Clerk INTRODUCED: 06/05/12 ADOPTED: 06/19/12 PUBLISHED: 06/24/12 EFFECTIVE: 07/01/12 Councilman Smith spoke in opposition to the rezoning request and stated there is adequate vacant office space available. If this residential property were rezoned to office, the Dentist’s existing building would add to the vacancies. Councilman Taylor spoke in support of a person’s right to develop their property as they see fit. He stated although this would change the nature of the neighbor’s property, the two interests have to be balanced and weighing the two together the benefit of allowing this petitioner to develop his property the way he wants to with a new office building outweighs the detriment of changing the nature of the neighbor’s property. We can only speculate about the neighbor’s property values going down, but we don’t have to speculate that this would be a much better use of the property for the community if the petitioner were allowed to have his business there. Roll call vote on motion to adopt the map amendment: Yes: Romano, Ziarko, Koski, Notte, Schmidt, Taylor. No: Smith. The motion carried. Regular City Council Meeting Tuesday, June 19, 2012 Page 6 3. Mr. Don DeNault, Assistant City Attorney, explained the suggestions and text amendments to the ordinance amending Article V of Chapter 20 of the City Code to comply with new state laws and regulations governing fireworks. Moved by Taylor, seconded by Romano, BE IT ORDAINED, to adopt the ordinance amending Article V of Chapter 20 of the City Code to comply with new state laws and regulations governing fireworks, as amended. CITY OF STERLING HEIGHTS MACOMB COUNTY, MICHIGAN ORDINANCE NO. 419 AN ORDINANCE TO AMEND ARTICLE V OF CHAPTER 20 OF THE CITY CODE TO COMPLY WITH NEW STATE LAWS AND REGULATIONS GOVERNING FIREWORKS THE CITY OF STERLING HEIGHTS ORDAINS: SECTION 1. Article V of Chapter 20 of the City Code shall be amended to read as follows: ARTICLE V. FIREWORKS 20-100. DEFINITIONS. For the purposes of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACT. The Michigan Fireworks Safety Act, Public Act 256 of 2011, MCL 28.451 et seq. APA STANDARD 87-1. APA standard 87-1, standard for construction and approval for transportation of fireworks, novelties, and theatrical pyrotechnics, published by the American pyrotechnics association of Bethesda, Maryland. ARTICLES PYROTECHNIC. Pyrotechnic devices for professional use that are similar to consumer fireworks in chemical composition and construction but not intended for consumer use, that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 under 49 CFR 172.101. BUREAU. The Department of Licensing and Regulatory Affairs’ Bureau of Fire Services. CONSUMER FIREWORKS. Fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States consumer product safety commission under 16 CFR parts 1500 and 1507, and that are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks are often commonly known as, but not limited to, sky rockets, bottle rockets, missile-type rockets, helicopters, aerial spinners, roman candles, mine and shell devices, aerial shell kits, firecrackers, chasers, and certain multiple tube fireworks devices. Consumer fireworks does not include low-impact fireworks. CONSUMER FIREWORKS CERTIFICATE. The certificate issued by the Department which allows a person to sell consumer fireworks in accordance with the Act. DEPARTMENT. The Michigan Department of Licensing and Regulatory Affairs. Regular City Council Meeting Tuesday, June 19, 2012 Page 7 DISPLAY FIREWORKS. Large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR 172, and APA standard 87-1, 4.1. FIRE MARSHAL. The Fire Marshal of the City of Sterling Heights or his or her designee. FIREWORKS. Any composition or device, except for a starting pistol, a flare gun, or a flare, designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. Fireworks consist of consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks, and special effects. LOW-IMPACT FIREWORKS. Ground and handheld sparkling devices as that phrase is defined in APA standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5. Low impact fireworks are often commonly known as, but not limited to, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, flitter sparklers, certain toy smoke devices, certain wire sparklers/dipped sticks, and certain multiple tube fireworks devices. NATIONAL HOLIDAY. As used in this Article, a national holiday is any of the following: New Years Day (January 1); Birthday of Martin Luther King Jr. (third Monday in January); Washington’s Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Columbus Day (second Monday in October); Veterans Day (November 11); Thanksgiving Day (fourth Thursday in November); and Christmas Day (December 25). NFPA. The National Fire Protection Association headquartered at 1 Batterymarch Park, Quincy, Massachusetts. NOVELTIES. The term “novelties” shall have the same meaning as set forth in APA Standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5, often commonly known as, but not limited to, party poppers, snappers, toy smoke devices containing not more than 5g of pyrotechnic composition, snakes, glow worms, wire sparklers/dip sticks containing not more than 100g of pyrotechnic composition, and all of the following: (i) Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cap. (ii) Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in subparagraph (i) are used, that are constructed so that the hand cannot come in contact with the cap when in place for the explosion, and that are not designed to break apart or be separated so as to form a missile by the explosion. (iii) Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter. (iv) Toy snakes not containing mercury, if packed in cardboard boxes with not more than 12 pieces per box for retail sale and if the manufacturer’s name and the quantity contained in each box are printed on the box; and toy smoke devices. PERMANENT BUILDING or PERMANENT STRUCTURE. Any building or structure that is affixed to a foundation on a site that has fixed utility connections and that is intended to remain on the site for more than 180 consecutive calendar days, including stores and Consumer Fireworks Retail Sales Area (CFRSA) facilities, as defined by NFPA 1124 (2006 edition). PERSON. An individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representative, partnership, unincorporated organization, or any other legal or commercial entity. RETAILER. A person who sells consumer fireworks or low-impact fireworks for resale to an individual for ultimate use. Regular City Council Meeting Tuesday, June 19, 2012 Page 8 RETAIL LOCATION. A facility listed under NFPA 1124, 7.1.2. SPECIAL EFFECTS. A combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production or live entertainment. TEMPORARY FACILITIES. A building or structure not meeting the definition of Permanent Building or Structure, at which consumer and low-impact fireworks are sold, including the following: consumer fireworks retail stands, tents, canopies, and membrane structures. WAREHOUSE. A permanent building or structure used primarily for the storage of consumer fireworks or low-impact fireworks. WHOLESALER. Any person who sells consumer fireworks or low-impact fireworks to a retailer or any other person for resale. Wholesaler does not include a person who sells only display fireworks or special effects. SUBDIVISION A. SALE OF FIREWORKS 20-101. CONSUMER FIREWORKS CERTIFICATE; APPLICABLE CODES AND STANDARDS. (A) No person, business, corporation, or other entity shall sell, offer for sale, or permit to be sold any consumer fireworks without first having obtained an annual consumer fireworks certificate from the Department, as required by the Michigan Fireworks Safety Act. Violations of this subsection shall be prosecuted as state law misdemeanors punishable as provided in the Act. (B) The issuance of a consumer fireworks certificate does not itself authorize the sale of fireworks at the certified retail location. Consumer fireworks shall not be sold at a retail location until the Bureau verifies compliance with Section 5 of the Act, NFPA 1124, and all applicable administrative rules promulgated by the Department. Verification can be accomplished by either a site inspection of the retail location by the Bureau, or by submission of a notarized affidavit signed by the person filing the certificate application stating that the certified retail location will be in compliance with Section 5 of the Act, NFPA 1124, and the applicable administrative rules, and that plans have been submitted in accordance with the administrative rules, including submission of a copy of the plans to the fire department for use in pre-incident review and planning, prior to selling consumer and low-impact fireworks. (C) The holder of a consumer fireworks certificate shall prominently display the original or copy of the certificate in the retail location. Each day the consumer fireworks certificate is not displayed is a separate violation. A person who violates this subsection is responsible for a civil fine of $100, to be cited and prosecuted as a state civil infraction. (D) Consumer fireworks shall only be sold from a retail location if all of the following applicable conditions are met: (i) Except as provided in subsection (ii), a retail location satisfies the applicable requirements of NFPA 101 and NFPA 1124 not in conflict with the Act. (ii) Beginning January 1, 2013, a permanent building or structure shall be equipped with a fire suppression system in compliance with NFPA 1124. (iii) The retailer at that retail location is licensed under the General Sales Tax Act. Regular City Council Meeting Tuesday, June 19, 2012 Page 9 (iv) The retailer has a valid federal taxpayer identification number issued by the federal department of the treasury, internal revenue service. However, this requirement does not apply to a retailer that is a sole proprietorship. (E) A person that knows, or should know, that he or she is required to comply with subsection (D) and who fails or neglects to do so is responsible for a municipal civil infraction punishable by a fine of $2,500 for each violation. Each day that a person is in noncompliance constitutes a separate violation. (F) During periods when consumer fireworks are sold, each retail location selling consumer fireworks either shall be added as an additional insured, or public liability and product liability insurance coverage shall be obtained and maintained, in an amount not less than $10,000,000 per occurrence. A person that knows, or should know, that he or she is required to comply with this subsection and who fails or neglects to do so is liable for a municipal civil infraction punishable by a fine of not more than $5,000.00. Proof of the insurance required by this subsection shall be in writing, be current, and available for inspection upon request. (G) Beginning February 1, 2012, a person shall not sell low-impact fireworks unless he or she registers with the low impact fireworks retail registry not less than 10 days before selling the fireworks in each calendar year. A person who sells low-impact fireworks at retail and who fails to register shall cease the sale of low-impact fireworks until the person complies with this subsection. (H) Retailers, wholesalers, and manufacturers are subject to the following codes and standards that are adopted by reference in the applicable administrative rules adopted by the Department, except as specifically amended therein: NFPA 1 (2006 edition); NFPA 101 (2009 edition); NFPA 1123 (2010 edition); NFPA 1124 (2006 edition); NFPA 1126 (2011 edition); and APA Standard 87.1 (2001 edition). (I) Nothing within these requirements shall limit the Fire Marshal or Police Department from exercising sound judgment and strict enforcement of measures necessary for the safety and welfare of the city and its populace. (J) Nothing within these requirements shall exempt retailers who have obtained a certificate of compliance and/or registered online for the sale of low-impact fireworks from ensuring that the proposed site is in compliance with all property maintenance regulations and other applicable City ordinances, or from submitting to the City all applications and supporting documentation required by any other provisions of the City Code and/or the City’s Zoning Ordinance pertaining generally, without specific reference to fireworks, to retail sales, permanent or temporary structures, temporary sales, and land use regulations. State law reference: MCL 28.451 et seq. Administrative rules: See Emergency Rules 1 through 21, effective March 12, 2012 20-102. AGE OF MAJORITY REQUIRED FOR PURCHASE; SUPERVISION. (A) Consumer fireworks shall not be sold to persons under the age of 18. Violation is a state civil infraction punishable by a civil fine of not more than $500.00. 20-103. SAFETY REVIEW. The Fire Marshal may, at any time, undertake a review of any fireworks sales or storage area for which a consumer fireworks certificate has been issued or is required, or any discharge of fireworks, to determine whether any violations of state law or local ordinance are occurring which might endanger the public health, safety, and welfare, or which might warrant revocation of the certificate or permit. Regular City Council Meeting Tuesday, June 19, 2012 Page 10 20-104-20-110. RESERVED. SUBDIVISION B. MANUFACTURE OF FIREWORKS 20-111. PROHIBITION. No person shall manufacture any fireworks within the city. 20-112-20-114. RESERVED. SUBDIVISION C. FIREWORKS AND PYROTECHNIC DISPLAYS 20-115. IGNITION, DISCHARGE, AND USE OF CONSUMER FIREWORKS. (A) A person shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or the property of another person without that organization’s or person’s express permission to use those fireworks on those premises. “Property of another person” includes hotel and motel property, apartment property, and condominium property, where an owner, management company, or association has or retains authority and control over the use of the property or common areas. A person who violates this subsection is responsible for a state civil infraction as provided by law. A person who receives a state civil infraction citation for violating this subsection and who commits another violation of this subsection within 72 hours of the first violation shall be guilty of a misdemeanor, punishable as provided in Chapter 1 of the City Code. (B) An individual who uses, ignites, or discharges consumer fireworks or low-impact fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance is guilty of a misdemeanor, punishable by up to 30 days in jail and/or a fine up to $500.00, or if the violation caused damage to the property of another person, by up to 90 days in jail and/or a fine up to $500.00. (C) An individual who violates the smoking prohibition under NFPA 1124, 7.3.11.1 (smoking within 50 feet of a consumer fireworks retail sales area) is guilty of a state law misdemeanor punishable as provided in the Act. (D) Consumer fireworks shall not be used in the city, except on the day preceding, the day of, and the day after a national holiday. When using any fireworks within the city, a person shall not use them in a manner inconsistent with or contrary to the manufacturer’s directions for use, or in a manner which could reasonably be foreseen to cause, or which actually causes, harm to another or to property, or within or upon public roads, walks, or rights-of-way, or within or upon private roads or private property of another without express written permission, or which causes, creates, or perpetuates a violation of any provision of the City Code, including but not limited to: (i) Disturbing the public peace; (ii) Violating the city’s noise ordinances; (iii) Violating the city’s nuisance ordinances; or (iv) Creating or depositing litter in violation of the city’s littering ordinances. All other City ordinances not adopted pursuant to the Act and not directly or specifically targeted at the use of consumer fireworks shall continue to apply and may be enforced at any time of the year, even on the day before, during, or the day after a national holiday. (E) No person shall ignite fireworks or novelties other than in a manner prescribed by the manufacturer’s directions for use, or in the absence of directions, by the use of any ignition device other than a match, punk, or lighter. A “punk” is defined as a long, thin piece of wood covered in a substance that burns very slowly, producing only heat, with no flame. Blowtorches, open flames, bonfires, grills, and other sources of heat and fire and ignition with flames larger or stronger than those of a match or lighter are prohibited as sources of ignition for fireworks and novelties. No person under the age of 18 shall ignite consumer fireworks. Regular City Council Meeting Tuesday, June 19, 2012 Page 11 (F) No person shall discharge fireworks or novelties other than in a manner prescribed by the manufacturer’s directions for use, and no person shall discharge consumer fireworks while within a building or enclosed space; within 50 feet of a flame or flammable surface; within 20 feet of a property line; within any public roadway or public right-of-way; within, upon, or from a motor vehicle; at any person, vehicle, or conveyance; within 500 feet of a gasoline service station; during weather conditions involving wind speeds in excess of 10 miles per hour; from any location not at ground level; from any surface that is not flat and level; without keeping a bucket of water or garden hose ready to address accidents; within 25 feet of a building; from within any type of container or other object that could reasonably be foreseen to impede the aerial progress of the firework, or to cause a fire or explosion, after its ignition; or between the hours of 11:00 p.m. and 7:00 a.m. in any location zoned for residential use. (G) Any individual who violates the restrictions in (D), (E), or (F), or who aids, abets, perpetuates, participates in, or otherwise promotes the actions of the individual that violate said restrictions, may be cited and prosecuted for the applicable ordinance violation(s) and/or shall be responsible for a municipal civil infraction, punishable as provided in Chapter 1 of the City Code. If the unlawful activity does not cease or resumes within 72 hours after issuance of a municipal civil infraction citation, the owner, occupant, or other person with control of the real property where the violations are occurring and/or the person who has or shares control of the fireworks shall be guilty of a misdemeanor, punishable as provided in Chapter 1 of the City Code. (H) Any city officer or official who identifies a firework that is in violation of the Act or this Article shall secure the firework and take steps to ensure that the Department is immediately notified of the alleged violation. (I) A law enforcement officer and/or fire official may confiscate and impound all fireworks and fireworks paraphernalia involved in causing a violation of this article or which are found to be within the access and control of the violator(s). If the impounded items are lawful to possess, they may be retained as evidence until any court proceedings or citations have been adjudicated and any probationary periods have been completed. If the impounded items are unlawful to possess, the police department or fire department shall dispose of or destroy the items in accordance with evidence protocols that will still allow for effective prosecution of the charged offenses without actual retention of the items. If any fireworks are retained by the city, they shall be stored in compliance with the Act and rules promulgated under the Act. The person from whom fireworks are seized under the Act or this Article shall pay the actual costs of storage and/or disposal of the seized fireworks. The police department may dispose of the seized fireworks by providing them to a disposal organization approved by the chief of police or designee, or by allowing them to be used by city police, fire, and code enforcement agencies for training purposes. (J) Unless otherwise specified herein, novelties are not subject to any of the regulations in this Article, except that they may not be utilized in such a manner as to cause, create, or perpetuate a violation of any other section of the City Code of Ordinances. State law reference: MCL 28.451 et seq. 20-116. DISPLAY FIREWORKS; PERMIT REQUIRED. No person shall discharge any Display Fireworks without a permit issued by the City Council. Pyrotechnic special effects shall not be discharged or displayed without a permit issued by the Fire Marshal. Permit applicants shall follow the procedures set forth in §§ 20-121 through 20-125 of this article. Permits are not transferable and shall not be issued to a minor. State law reference: MCL 28.466 20-117. RESPONSIBILITY. Regular City Council Meeting Tuesday, June 19, 2012 Page 12 (A) An owner, occupant, or other person with control of real property shall not allow, permit, or otherwise assent to the possession or display of Display Fireworks on the property or an adjacent public way if such possession or display is in violation of this subdivision. (B) An owner, occupant, or other person with control of real property shall be presumed to have assented to the possession or display of Display Fireworks on the property or adjacent public way in violation of this subdivision if law enforcement or fire officials observe and document the existence of unlawful fireworks on the premises or the adjoining public way, or the existence of the remnants of unlawful fireworks on the premises or adjoining public way indicative of the use or display of such fireworks. (C) In addition to the penalty provided in Chapter 1, a person who pleads to or is found responsible for a violation of subsection (A) shall clean up any fireworks remnants on or adjoining the person’s property, or pay the city’s costs for such clean up, and reimburse the city’s actual costs for destruction of any unlawful fireworks and materials impounded by law enforcement or fire officials during investigation of the unlawful activity under subsection (A). (D) A violation of subsections (A) or (C) is a municipal civil infraction, punishable as provided in Chapter 1 of the City Code. If the unlawful activity does not cease after issuance of a municipal civil infraction citation, the owner, occupant, or other person with control of the real property shall be guilty of a misdemeanor, punishable as provided in Chapter 1 of the City Code. 20-118-20-120. RESERVED. SUBDIVISION D. PROCEDURES 20-121. APPLICATION; RENEWAL. (A) Every applicant for a permit to use or discharge Display Fireworks and/or pyrotechnic special effects shall submit to the Fire Department, with a nonrefundable application fee, a current and fully completed application on a form provided by the Department. (B) The fees shall be set by the city's annual appropriations ordinance in an amount to cover the cost of investigation, review, and inspection by the city of the premises which will be used for the use or discharge of Display Fireworks and/or pyrotechnic special effects. (C) A permit shall not be issued to a nonresident person, firm, or corporation for ignition of articles pyrotechnic or Display Fireworks until the person, firm, or corporation has appointed in writing a resident member of the bar of this state or a resident agent to be the legal representative upon whom all process in an action or proceeding against the person, firm, or corporation may be served. (D) All applications shall contain the following information: (1) The name, residence address, and telephone number of a resident agent who is a natural person (no post office boxes will be accepted as legal addresses); (2) The name, residence address, and telephone number of the applicant: (a) If the applicant is a corporation, the name, residence address, and telephone number of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation if that individual is or will be involved in the management and/or operation of the business. The applicant shall also provide the name, residence address, and telephone number of each individual who will be involved in the management and/or operation of the business, as well as documentation that the corporation is in good standing in the state of incorporation; (b) If the applicant is a partnership, the name of the partnership and the name, residence address, and telephone number of each of the partners having at least a 10% ownership Regular City Council Meeting Tuesday, June 19, 2012 Page 13 interest, as well as any individual who is or will be involved in the management and/or operation of the business; (c) If the applicant owns stock or has a financial interest in any other business which sells or manufactures fireworks, the name, address, and telephone number of the corporation and the name, address, and telephone number of each such business; (3) The address and legal description of the property where the fireworks will be displayed, or where pyrotechnic special effects will be displayed; (4) Authorization for the city, its agents and employees to seek information and conduct a safety inspection of the premises where fireworks will be displayed, or where pyrotechnic special effects will be displayed. The applicant shall give such additional information and identification necessary to discover the truth of the matters required to be set forth in the application; and (5) The application shall be signed and sworn to by the applicant. (E) Permits. In addition to the other conditions set forth in this section, permit applications shall be subject to background investigations to determine whether the applicant has ever been involved in criminal or fraudulent activities, or has ever had a license or permit suspended or revoked for cause. (1) If, as a result of the investigation, the Fire Marshal or Chief of Police has reasonable cause to believe that the applicant may cause or present a danger to public safety if granted a fireworks display permit, the City Council may deny the application. (2) If, as a result of the investigation, the Fire Marshal or Chief of Police has reasonable cause to believe that the applicant may cause or present a danger to public safety if granted a pyrotechnic special effects display permit, the Fire Marshal may deny the application. (F) Applicants for a permit to use, discharge, or display fireworks or pyrotechnic special effects must demonstrate financial responsibility in the form of a bond or insurance policy in an amount, character, and form deemed necessary by the City Council for the protection of the public. (G) Before granting a permit to use, discharge, or display fireworks, the City Council shall rule on the competency and qualifications of the operator of the display as required under NFPA 1123, and the time, place, and safety aspects of the display. (H) Cost of policing. Fireworks displays vary in size and scope, and displays of large magnitude cause the city to incur significant additional expenses for police, fire, and emergency services. Therefore, in addition to the nonrefundable application fee, an applicant for a permit to use, discharge, or display fireworks shall deposit with the city, as a condition of enjoying the privileges inherent in receipt of a permit, an amount reasonably calculated to reimburse the city for the cost of additional police and emergency services. The city shall hold such amount, to be determined by the City Council at the time the permit application is considered, in escrow until after the fireworks display. In determining the amount, the City Council may utilize its past experiences and the experiences of other communities. The city shall itemize its additional police and emergency services expenses incurred as a result of the fireworks display and may draw from the escrowed funds to achieve full reimbursement. Remaining funds shall be returned to the permit applicant. In the event that the escrowed funds are insufficient to cover the city's actual costs under this division (H), the city shall serve an invoice upon the permit applicant with a demand for payment. Failure of a permit applicant to comply with any of the provisions of this division (H) shall be a misdemeanor, punishable as provided in Chapter 1 of this code. (I) Term. Regular City Council Meeting Tuesday, June 19, 2012 Page 14 (1) Permits for the use or discharge of Display Fireworks or pyrotechnic special effects are valid only for the date(s) and time(s) stated on the permit itself. Each subsequent use or discharge of Display Fireworks or pyrotechnic special effects shall require a new permit, and the applicant shall follow the application process set forth in this article. (J) Display permit conditions. The issuance of a permit for the use or discharge of Display Fireworks or pyrotechnic special effects shall be conditioned upon compliance with all of the terms and conditions of this article, as well as the provisions of Chapter 33 of the International Fire Code. In addition, the issuance of such a permit shall be conditioned upon the following: (1) The applicant and property owner must execute a written agreement, in a form approved by the City Attorney, to allow police, fire, and emergency personnel designated by the city to be present on the premises before, during, and after the fireworks or pyrotechnic special effects display for purposes of supervising and inspecting the display and surrounding conditions for public safety hazards and violations of city codes and ordinances; and (2) The applicant and property owner must execute an indemnification agreement, in a form approved by the City Attorney, to indemnify the city for any and all liability or damages incurred by any person or entity as a result of the fireworks or pyrotechnic special effects display. State law reference: MCL 28.451 et seq. 20-122. INVESTIGATION. (A) Upon receipt of the fully completed application, fees, and such other information as may be required or requested by the Fire Department, the Fire Marshal shall schedule a safety inspection to examine the premises where fireworks will be displayed, or where pyrotechnic special effects will be displayed. (B) If the Fire Marshal finds reasonable cause to believe that other code violations exist which are not fire safety related, the Fire Marshal may refer the application to the Building Official, or his or her designated representative, who shall cause a thorough inspection of the premises to be made to ensure that the premises are in compliance with all pertinent provisions of state law and local ordinances. The results of such inspections shall be returned to the Fire Marshal within 30 days of the date the application was referred. (C) For fireworks display permits, the Fire Marshal shall forward his or her recommendation to the City Council for consideration of the permit application within 120 days of receipt of the properly completed application. For pyrotechnic special effects display permits, the Fire Marshal shall issue a decision to grant or deny the permit within 60 days of receipt of the properly completed application. 20-123. CERTIFICATE OR PERMIT; REFUSAL, SUSPENSION, REVOCATION, OR NONRENEWAL. A permit issued under this article may be refused by the Fire Marshal or suspended, revoked, or not renewed by the City Council for cause. The term CAUSE as used in this Article, shall include the doing or omitting of any act or permitting any condition to exist on the premises for which a permit is issued, which act, omission, or condition is contrary to the health, safety, and welfare of the public, is unlawful, irregular, or fraudulent in nature, is unauthorized or beyond the scope of the permit issued, or is forbidden by this Article or any applicable law. Cause shall include but not be limited to: (A) Fraud or material misrepresentation in the application; (B) Fraud or material misrepresentation in the operation of the business or during a safety inspection; Regular City Council Meeting Tuesday, June 19, 2012 Page 15 (C) Any material violation of this article or of the regulations authorized herein; (D) Any violation of federal or state law or local ordinance which creates a risk to the health, safety, or welfare of the community; (E) Conducting the business in an unlawful manner or in such a manner as to constitute a maintenance of a nuisance upon or in connection with the premises for which a permit is issued. For purposes of this Article, NUISANCE shall be given its normal and customary meaning and shall include the nuisances found within Chapter 33 of this code as well as, but not be limited to, the following: (1) Existing violations of building, electrical, mechanical, plumbing, zoning, health, fire, or other applicable regulatory codes; (2) A pattern or practice of patron conduct which is in violation of the law and/or interferes with the health, safety, and welfare of the properties in the area. (F) Failure by the owner or operator to permit inspection of the premises by the city's agents or employees in connection with the enforcement of this Article; (G) Failure to pay personal property taxes, other city obligations and real property taxes by February 14 of each year. 20-124. PROCEDURE FOR NONRENEWAL, REVOCATION, OR SUSPENSION. (A) Before any action is taken concerning revocation or suspension of a permit, the city shall serve the holder of the permit by personal service or first class mail, served or mailed at least ten days prior to a hearing, with notice of hearing before the City Council or a hearing panel designated by the City Council to conduct a hearing and forward a recommendation to the City Council, which notice shall contain the following: (1) Date, time, and place of the hearing; (2) Notice of the proposed action; (3) Reasons for the proposed action; (4) Names of witnesses known at the time who will testify; (5) A statement that the holder of the permit may be represented by legal counsel, present evidence and testimony, and confront and cross-examine adverse witnesses; (6) A statement requiring the holder of the permit to notify the City Attorney's office at least three days prior to the hearing date if he, she, or it intends to contest the proposed action and to provide the names of witnesses known at that time who will testify on his, her, or its behalf. (B) Upon completion of the hearing, and after a decision by the City Council, the city shall submit to the holder of a permit a written statement of the findings and determination of the City Council within 30 days. 20-125. DENIAL; HEARING. (A) Any person whose initial request for a pyrotechnic special effects display permit, is denied by the Fire Marshal shall have a right to a hearing before the City Council, provided a written request for such a hearing is filed with the City Manager within ten days following such denial. The City Council shall have the right to affirm and sustain any refusal to issue a permit or the City Council may grant any such permit. Regular City Council Meeting Tuesday, June 19, 2012 Page 16 (B) In addition to the information required in this article, an applicant whose permit under this article was denied by the Fire Marshal should be prepared to submit and discuss any additional information required by the City Council for the appeal hearing. 20-126 – 20-130. RESERVED. SUBDIVISION E. PENALTIES 20-131. VIOLATIONS AND PENALTIES. (A) Unless otherwise provided in this Article, if a person knowingly, intentionally, or recklessly violates this Article, the person is guilty of a crime as follows: (1) Except as otherwise provided in this section, a misdemeanor punishable by imprisonment for not more than 30 days or a fine of not more than $500.00, or both. (2) If the violation causes damage to the property of another person, a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both. (3) If the violation causes serious impairment of a body function of another person, or death to another person, the violations shall be prosecuted as felonies pursuant to the Act. (B) In addition to any other penalty imposed for the violation of the Act or this Article, a person who tenders a plea of guilty, no contest, or responsible to a violation of this Article shall be required to reimburse the city for the costs of storing and disposing of seized fireworks that the city confiscated for a violation of the Act or this Article. SECTION 2. Subsection (C) of Section 1-9 of the City Code is amended to reflect the deletions and insertions set forth here, with the remainder of the chart in Section 1-9(C) to be unchanged: (C) Municipal civil infraction. It is unlawful and constitutes a municipal civil infraction for any person to violate or fail to comply with the following provisions of this Code: Chapter Title Section 20 Fire Prevention and All sections of the 2009 International Fire Code, except Protection for the following: 104.11.2, 104.11.3, 104.11.4, 110, 111.4, 401.4, 2703.3 20 Fire Prevention and 20-115(D), 20-115(E), 20-115(F), 20-115(G), 20- Protection 117(A) (first offense only), 20-117(C) (first offense only) SECTION 3. Subsection (B) of Section 1-26 of the City Code is amended to reflect the insertions set forth here, with the remainder of the chart in Section 1-26(B) to be unchanged: (B) The following specific schedule of civil fines payable to the Bureau for admissions of responsibility by persons served with municipal ordinance violation notices shall apply to the civil infractions listed below. Chapter Title Code Section Fine Fire Prevention and 2009 International Fire Code $100 first violation; subsequent Regular City Council Meeting Tuesday, June 19, 2012 Page 17 Protection Section 111.4 (local amendment) violations are misdemeanors Fire Prevention and 20-101(D), 20-101(F) 20-101(D): $2,500 Protection 20-101(F): Up to $5,000 SECTION 4. All other provisions of the Code of Ordinances not specifically amended shall remain in full force and effect. SECTION 5. 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 5th day of June, 2012, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 19th day of June, 2012. WALTER C. BLESSED, City Clerk INTRODUCED: 06/05/12 ADOPTED: 06/19/12 PUBLISHED: 06/24/12 EFFECTIVE: 06/24/12 Councilman Taylor stated residents are fed up with fireworks going off at all hours of the night. He encouraged residents to call the police if they see or hear fireworks in their neighborhood on days other than the allowed holidays and they can issue citations. Councilman Romano hoped to see an amendment to the times fireworks can be discharged in residential areas and suggested they not be allowed before 9:00 a.m. and no later than 10:30 p.m. Mayor Notte stated the times coincide with the noise ordinance and it is to keep them consistent. Councilman Romano questioned what the noise ordinance has to do with the fireworks ordinance and still hoped for an amendment to the motion to change the hours. Councilwoman Ziarko expressed concern with enforcement of the ordinance. Councilwoman Schmidt questioned whether any citations were issued in the last thirty days for firework violations. Councilman Smith stated since we are so close to the Fourth of July and we know so little about this new law, he believes we are premature trying to put the ordinance together at this time. He inquired the possibility of postponing action on this ordinance amendment until September or October for further review. Regular City Council Meeting Tuesday, June 19, 2012 Page 18 Councilman Smith made a motion to postpone the ordinance amendment to the first meeting in October. His motion lost for lack of support. Councilwoman Koski questioned the use of fireworks on property owned by another person, as for apartments and condominiums and how they would allow it. Councilwoman Koski questioned the purchase of fireworks at a location that sells fireworks and shooting them off in another businesses’ parking lot and inquired how that would be enforced. Councilwoman Ziarko questioned response time by the Police Department. Vote on motion to adopt the ordinance amendment: Yes: Taylor, Ziarko, Koski, Notte, Schmidt. No: Romano, Smith. The motion carried. CONSENT AGENDA 4. Mrs. Mary Marcinak discussed Item F and expressed her dissatisfaction with this item being placed on the Consent Agenda. She inquired the actual cost of services for the City Attorney, without the 41A District Court costs. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda, as amended: A. To approve the minutes of the Regular Meeting of June 5, 2012. B. To approve payment of the bills as presented: General Fund - $2,040,038.32, Water & Sewer Fund - $829,622.70, Other Funds - $882,601.71, Total Checks - $3,752,262.73. C. RESOLVED, to award the bid for motor oils, solvents and anti-freeze to Central Oil, 30759 Edison, Roseville, MI 48066, based on unit prices bid for a one-year period. D. RESOLVED, to award the bid for water service installations and repairs to S & W Excavating Co., Inc., 37220 Mound Road, Sterling Heights, MI 48310 for the period July 1, 2012 through June 30, 2014, at unit prices bid. E. Moved to Consideration Item 6. F. RESOLVED, to approve a Legal Services Agreement between the City of Sterling Heights and Jeffrey A. Bahorski on behalf of O’Reilly, Rancilio, P.C. for the period Regular City Council Meeting Tuesday, June 19, 2012 Page 19 July 1, 2012 through June 30, 2014 and authorize the Mayor and City Clerk to sign the Agreement on behalf of the City. G. RESOLVED, to approve the Settlement Agreement and Release in resolution of Estate of Matthew Moroni vs. City of Sterling Heights, et al; United States District Court Case Number 2:10-cv-14897 GCS and authorize the City Manager to sign all documents required in conjunction with this approval. Yes: All. The motion carried. CONSIDERATION 5. Mr. Vanderpool discussed the concessions he has offered in his employment agreement with the City of Sterling Heights. Mr. Jeff Norgrove thanked Mr. Vanderpool for everything he has done for the City and stated he deserves more for all the development he has brought into the City. He urges the City Council to approve the agreement. Mr. Harry Marchlones echoes the sentiments of Mr. Norgrove and stated Mr. Vanderpool is doing a terrific job. He doesn’t agree with performance pay and stated a good wage is all that is required. Mrs. Mary Marcinak hoped there would have been more cities included in the comparison chart. She discussed the “perks” included in addition to the salary and the actual costs of them. Mrs. Marcinak questioned the necessity of participation in all the different civic groups that we pay dues and fees for, the use of the City vehicle for personal use and performance pay. Moved by Romano, seconded by Schmidt, RESOLVED, to approve the Employment Agreement between Mark D. Vanderpool and the City of Sterling Heights and authorize the Mayor and City Clerk to sign the Agreement on behalf of the City. Councilman Romano pointed out Mr. Vanderpool’s salary was compared to the average of five largest Michigan cities that have City Managers. He stressed the fact that Farmington Hills, Grand Rapids and Troy City Managers have fixed pensions and retiree health care and Mr. Vanderpool does not. Councilman Romano believes the City is getting a big bang for our buck with what we are paying Mr. Vanderpool. Regular City Council Meeting Tuesday, June 19, 2012 Page 20 Councilwoman Schmidt questioned whether Mr. Vanderpool reimburses the City or keeps track of gas in the City vehicle for personal use. She echoed the sentiments of Councilman Romano and stated Mr. Vanderpool keeps the City moving forward and she is in favor of renewing his contract. Councilwoman Ziarko appreciates having Mr. Vanderpool here and feels his contract is fair. She agrees with Mr. Norgrove that he probably deserves more money, but we cannot afford it at this time. Councilwoman Ziarko asked Mr. Vanderpool to tell the Council and residents how many miles he has on his City vehicle that he has been driving since 2004. She pointed out he is not driving around in a new vehicle every year and she appreciates him for being as frugal as he is. Councilman Taylor stated he reviewed contracts from other cities and other city manager’s contracts are all pretty much the same as far as base pay. He wishes contracts would actually show what a person is making. With regard to the City vehicle, it is probably cheaper to keep him in the car we have now than to give him a car allowance. In terms of performance pay, it is not easy being a boss. He stated Mr. Vanderpool does a fine job managing the City and he is proud to have him as our City Manager. Councilwoman Koski is very pleased with Mr. Vanderpool’s contract and what he does for the City. She questioned the actual dollar amount of his contact, stating all information presented has been in percentages. Councilman Smith questioned whether Mr. Vanderpool negotiated his own agreement or whether he had assistance from Mr. Bahorski or Mr. Baker. He stated he has looked over this contract and finds it unacceptable in every aspect. He stated Mr. Vanderpool is on duty 365 days a year twenty-four hours a day as the chief executive officer of the City. He also feels there is no justification to him having a City vehicle or receiving performance pay. Councilman Smith feels the so-called perks are a lot more than that and we are probably looking at double his base salary. Mayor Notte is satisfied with Mr. Vanderpool’s performance and stated he does the job of a City Manager as it should be done. He stays out of politics and treats all members of Council equal. As far as the use of a City vehicle, that car is on call and he uses it for City business daily. Mayor Notte believes the City Manager’s pay is very good. Regular City Council Meeting Tuesday, June 19, 2012 Page 21 Vote on motion to approve the City Manager’s Employment Agreement: Yes: Romano, Schmidt, Ziarko, Koski, Notte, Taylor. No: Smith. The motion carried. 6. Item E from the Consent Agenda: Moved by Romano, seconded by Koski, RESOLVED, to approve the Legal Services Agreement between the City of Sterling Heights and Keller Thoma, P.C. for special legal counsel services – labor law and authorize the Mayor and City Clerk to sign it on behalf of the City. Councilman Romano stated he made the motion to approve the agreement, but will vote no on it if it stands as is. He stated Mr. Thoma has done a good job for the City and he has no problem allowing him to continue, but only for the remainder of 2012 for Act 312 only. He believes our City Attorney and legal department can review future contracts to save the City a great deal of money. Councilwoman Koski agrees with Councilman Romano and inquired whether there is any way we could implement the suggestion of Councilman Romano. Mr. Bahorski pointed out as far as workflow and work assignments, he feels fairly competent that we have a decent working relationship with Mr. DuBay and they could make sure that the appropriate assignments go out. If the City Council desires, they can make the suggestions of Councilman Romano happen. Councilwoman Koski inquired whether it would be possible to handle negotiations in house. Her main concern is the amount of money we are spending. She inquired whether we could only use Keller-Thoma with Act 312, since they have the expertise in that field. Mr. Vanderpool stated they could fulfill the request of both Councilman Romano and Councilwoman Koski and would report to City Council on a monthly basis. He stated they would only use Keller Thoma with Act 312 eligible groups because that is a very specialized area of law which Keller Thoma has a great deal of expertise with. They can negotiate simultaneously with the internal team and minimize Keller Thoma’s expenses to an as-needed basis. Regular City Council Meeting Tuesday, June 19, 2012 Page 22 Councilman Taylor asked for clarification on Councilman Romano’s comments and Mr. Vanderpool’s response as it relates to Act 312 eligible groups and whether they would bring in Keller Thoma for negotiations with those groups. Mr. Vanderpool explained the special legal process that ensues with Act 312 negotiations. Councilman Taylor stated if we take a labor attorney that knows Act 312 inside and out and take him out of the process of negotiation, we lose that expertise while we are crafting the agreement. Councilman Taylor stated he would support the motion the way it is without any amendments. Councilwoman Ziarko agrees with Councilman Taylor. She stated the Council knew the next round of contracts with the employees were going to be very difficult and that is why we went with a specialist to assist us. We have not overused Mr. DuBay and if we were able to do any of the work in-house we have done that. Councilwoman Ziarko believes we have to look at the long run and see what we are saving. She is in favor of the contract and wording as it stands. Councilwoman Schmidt is comfortable with the agreement and stated Mr. DuBay is the best of the best and sometimes you have to pay a little to get a little. Councilman Smith stated part of the cost of doing business is to pay what you have to pay to have the City represented by the most powerful negotiator we can find. He is in support of this proposal. Mayor Notte stated Keller Thoma and Mr. DuBay have served the City well and saved us a great amount of money and grief. The City deals with twelve unions and five pertain to public safety and the public safety groups are the most resistant to giving up any concessions. We need professionals to help us compromise and get to where we can afford these agreements. He is satisfied with the way Keller Thoma and Mr. DuBay are handling the job. Councilman Romano withdrew his motion and Councilwoman Koski withdrew her support. Moved by Schmidt, seconded by Ziarko, RESOLVED, to approve the Legal Services Regular City Council Meeting Tuesday, June 19, 2012 Page 23 Agreement between the City of Sterling Heights and Keller Thoma, P.C. for special legal counsel services – labor law and authorize the Mayor and City Clerk to sign it on behalf of the City. Yes: Schmidt, Ziarko, Notte, Smith, Taylor. No: Koski, Romano. The motion carried. COMMUNICATIONS FROM CITIZENS Mrs. Mary Marcinak – Fleet Maintenance/pool of City vehicles; Council’s right to present additional information. Mr. Harry Marchlones – Property taxes. Mr. Mike Lombardi – Council’s right to present additional information. Mr. Charles Jefferson – Mr. Gerald Sieja’s attendance at meetings; Fireworks; Number of “Subway” establishments. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There were no other reports from Mr. Bahorski or Mr. Vanderpool at this time. Councilman Smith discussed conduct at meetings. He stated for the Consent Agenda or when an outsider comes in and gives a presentation, the floor is never opened for Council discussion and he disagrees with this. He hopes in the future the Council would have an opportunity to respond. Councilman Taylor discussed Boards of Review for property taxes and stated he had the same problem as Mr. Marchlones with his taxes. He wanted Mr. Schmidt, the City Assessor, to respond to the way the City assesses the property the following year after an adjustment is made by the Board of Review. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Moved by Ziarko, seconded by Schmidt, RESOLVED, to recess to closed session to discuss pending litigation – Police Officers Association of Michigan vs. Sterling Heights and strategy in connection with the negotiation of collective bargaining agreements as an open discussion could have a detrimental financial effect on the City. Council may be returning to the table. Roll call vote: Yes: Ziarko, Schmidt, Taylor, Koski, Notte, Romano, Smith. Regular City Council Meeting Tuesday, June 19, 2012 Page 24 The motion carried. The meeting was recessed at 10:15 p.m. Mayor Notte reconvened the meeting at 11:03 p.m. Moved by Taylor, seconded by Notte, RESOLVED, to authorize the City Administration to initiate legal and/or administrative proceedings regarding personnel reductions in the Sterling Heights Fire Department. Yes: Taylor, Notte, Romano, Schmidt, Smith, Ziarko. No: Koski. The motion carried. ADJOURN Moved by Ziarko, seconded by Schmidt, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 11:05 p.m. KELTON WINNEGA, Acting City Clerk