City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL WEDNESDAY, NOVEMBER 7, 2012 IN CITY HALL Mayor Pro Tem Michael C. Taylor called the meeting to order at 7:30 p.m. Mayor Pro Tem Taylor 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, Joseph V. Romano, Maria G. Schmidt, Paul Smith, Michael C. Taylor, Barbara A. Ziarko. Absent: Richard J. Notte. Also Present: Mark D. Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Walter C. Blessed, City Clerk; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Councilman Smith requested Consent Agenda Item C be moved to Consideration Item 8. Moved by Koski, seconded by Romano, to approve the Agenda with the substitution of an amended Addendum and inclusion of an Implementation Schedule under Consideration Item #5 and as amended. Yes: Koski, Romano, Schmidt, Smith, Taylor, Ziarko. Absent: Notte. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported the City of Sterling Heights was recently recognized by the University of Michigan for its work fostering entrepreneurial growth and economic development. A short video was shown at this time and Mr. Vanderpool thanked Kasey Green for working so hard to get this award. He thanked the City Council also for their support. Mr. Vanderpool reported Sterling Heights vacancy rate is 6.4%, nearly half of Metro Detroit’s rate of 12.4%. By way of contrast, Southeast Oakland County’s rate is 10.6% and Ann Arbor’s is at 9.5% for the 3rd Quarter of 2012. He stated these vacancy rate figures, in combination with an almost 36% drop in our foreclosure rate and an unemployment rate of 7.5% has consistently tracked below the regional average. Regular City Council Meeting Tuesday, November 7, 2012 Page 2 Mr. Vanderpool reported in observance of Veteran’s Day, City offices would be closed for business on Monday, November 12. The closure would not affect the City’s refuse schedule. Mr. Vanderpool announced the Annual Veterans Day Ceremony would be held at 11 am on Sunday, November 11 at the Sterling Heights Recreation Center. Mr. Vanderpool thanked the City Clerk and his entire staff who worked tirelessly over the past few weeks getting prepared for the election. He stated there were 320 employees, including all the precinct workers. PUBLIC HEARING 1. Mayor Pro Tem Taylor opened the public hearing to consider an application to establish an Industrial Development District at 6450 Dobry Drive. Economic Development Manager Kasey Green made a presentation and introduced representatives of M & N Plastics, Inc.: Chris Nagle, Chief Financial Officer and Marty Nagle, Director of Operations. Also present Roxanne Reeder, Interim City Assessor. There was no audience participation at this time. Mayor Pro Tem Taylor closed the public hearing. Moved by Romano, seconded by Schmidt, RESOLVED, that the application by NBRF, LLC to establish an Industrial Development District at 6450 Dobry Drive is hereby approved in accordance with the guidelines established by City Council and the Mayor and City Clerk are hereby authorized to sign, as applicable, all documents required in conjunction with this approval. Councilman Romano stated the investment of $1.6 million is appreciated and he wishes this company the very best. Councilwoman Schmidt thanks this company for sticking with Sterling Heights and stated she appreciates them being here. She is in favor of the creation of the District, stating this is the first step. Councilman Smith spoke in opposition to the tax break and stated this is just the first step toward it and he opposes every step. He pointed out this company has been here for 22 years and they are well established and profitable so he doesn’t believe they would pick up and leave the City. Regular City Council Meeting Tuesday, November 7, 2012 Page 3 Councilwoman Ziarko pointed out the company has another facility in El Paso, Texas. She inquired whether they do the same type of work and whether the company could have expanded in El Paso. Mr. Nagle responded Sterling Heights is our home and the headquarters of our company. Councilwoman Koski appreciates the company’s decision to stay in Sterling Heights and make this their headquarters. She pointed out this is just the first step and she looks forward to them coming back for the second step. Mayor Pro Tem Taylor agrees with his colleagues and stated he is happy to have this company in Sterling Heights. Vote on motion to establish the Industrial Development District: Yes: Romano, Schmidt, Taylor, Ziarko, Koski. No: Smith. Absent: Notte. The motion carried. ORDINANCE INTRODUCTION 2. Mr. Donald Mende, Interim City Planner, made a presentation on the request to consider introduction of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property on the west side of Ryan Road between Fifteen Mile Road & Rhoten Drive in Section 31 from R-60 to C-1, Case No. Z-1123. He pointed out the petitioner has offered to restrict the uses of this property to a restaurant. No other uses typically permitted in the C-1 zone would be allowed. He stated they would complete their site plan review process in 12 months, obtain building permits within 18 months and complete construction within 30 months. Two deviations to the zoning ordinance are being requested: A 15’ side yard setback variance for building addition on south property line and waiving the major and moderate screening requirements for the south and north property lines respectively. The Planning Commission met on October 11 and made a recommendation that City Council approve the request. Mr. Geoff Gariepy is opposed to the request for several reasons, including the deviation request for waiver of major and moderate screening. He believes the existing landscaping is not adequate. As far as the necessity for the change in zoning, Mr. Gariepy stated he is not really clear on the petitioner’s reasoning. Mr. Regular City Council Meeting Tuesday, November 7, 2012 Page 4 Gariepy takes issue with the idea that this would be a family restaurant because of the hours of operation and the stage and stated this would be intrusive to the people on Rhoten Drive. This restaurant would only be 258’ away from the closest house. Furthermore, the value of the property owned by the Church would be destroyed. The completion period for this facility is being dragged out for 30 months. Mr. Gariepy stated there is no need for another restaurant in this immediate vicinity and he hopes the City Council would reconsider granting these variances. Mr. Jeffrey Norgrove is against the hours of operation and would like to see the restaurant close by 11 pm or 12 am at the latest. Moved by Romano to introduce a map amendment to conditionally rezone property on the west side of Ryan Road between Fifteen Mile Road & Rhoten Drive in Section 31 from R-60 (One Family Residential) to C-1 (Local Convenience Business District); Case No. Z-1123, and direct the Petitioner to proceed to finalize a proposed agreement so that the City Council can further evaluate the offer of conditional rezoning of the property at the November 20, 2012 meeting. His motion lost for lack of support. ORDINANCE ADOPTION 3. Mr. Jeffrey Norgrove spoke in support of the ordinance regarding emergency services and hopes we never have to use any of it. Moved by Koski, seconded by Ziarko, RESOLVED, to adopt an ordinance amending Chapter 15 of the City Code to reflect the City’s participation in the Macomb County Emergency Management Program. CITY OF STERLING HEIGHTS MACOMB COUNTY, MICHIGAN ORDINANCE NO. 421 AN ORDINANCE TO AMEND CHAPTER 15 OF THE CITY CODE TO REFLECT THE CITY’S PARTICIPATION IN THE MACOMB COUNTY EMERGENCY MANAGEMENT PROGRAM THE CITY OF STERLING HEIGHTS ORDAINS: SECTION 1. Chapter 15 of the City Code shall be replaced to read as follows: Regular City Council Meeting Tuesday, November 7, 2012 Page 5 CHAPTER 15: EMERGENCY MANAGEMENT 15-1. PURPOSE. The purpose of this chapter is to provide for the planning, mitigation, response, and recovery from natural and human-made disasters with the City. Michigan law authorizes a municipality with a population of 25,000 or more to appoint the emergency management coordinator of the county as its own emergency management coordinator. The City intends to avail itself of that option and to incorporate into the Emergency Operations Plan of Macomb County. Drafter Note: This section has been completely revised to reflect the City’s intention to become part of the County’s Emergency Operations Plan, as permitted by MCL 30.401 et seq. 15-2. SHORT TITLE. This chapter may be referred to as the “Emergency Management Ordinance.” Drafter Note: This is a shortened version of the former Section 15-2. 15-3. DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACT. The Michigan Emergency Management Act, Public Act 390 of 1976, being M.C.L. §§ 30.401 et seq., as amended. ALERT STATUS. An increased state of preparedness, authorized by the City Manager and implemented through administrative policies and procedures, for purposes of responding to a potential or real threat or event. ASSISTANT LIAISONS. The City employees assigned to assist during declared events and one person from each of the following departments appointed by that department's director: (i) the Community Relations Department, (ii) the Public Works Department, (iii) the Fire Department and (iv) the Police Department. ASSISTANT LIAISONS will serve their department in routine emergency management matters and report to the Emergency Management Liaison during events. CONSEQUENCE MANAGEMENT. The responsibilities assigned to the Emergency Management Coordinator through federal, state and local laws and ordinances during events to alleviate the damage, loss, hardship, or suffering caused by such events. CONSEQUENCE MANAGEMENT includes measures to protect public health and safety, maintain and restore essential government services and provide emergency relief to affected governments, industries, businesses and individuals. Local mission-essential functions are carried out through the City departments with coordination from the office. COUNCIL. The City Council for the City of Sterling Heights, Michigan. COUNTY. The County of Macomb, Michigan. CRISIS MANAGEMENT. The measures taken to identify, acquire, and plan the use of resources needed to anticipate, prevent, or resolve a terrorist threat or incident. DAMAGE ASSESSMENT TEAM. Those employees in the Building Department specially trained in property damage assessment. Regular City Council Meeting Tuesday, November 7, 2012 Page 6 DISASTER. An occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from a natural or human-made cause, including, but not limited to, fire, flood, snowstorm, ice storm, tornado, windstorm, wave action, oil spill, water contamination, utility failure, hazardous peacetime radiological incident, major transportation accident, hazardous materials incident, epidemic, air contamination, blight, drought, infestation, explosion, or hostile military action or paramilitary action, or similar occurrences resulting from terrorist activities, riots, or civil disorders, that requires resources beyond the capability of the public and private sectors of the City. DISASTER RELIEF FORCE. All agencies of the State, County, and City, private and volunteer personnel, public officers and employees, and all other persons or groups of persons having duties or responsibilities identified in the City of Sterling Heights Support Emergency Operations Plan, or those called into duty or working at the direction of a party identified in the Plan to perform a specific disaster or emergency related task during a state of emergency or disaster pursuant to the Act or this chapter. DISTRICT COORDINATOR. The Michigan Department of State Police Emergency Management Division's representative for the City. The DISTRICT COORDINATOR is the liaison for the Emergency Management Coordinator to the State of Michigan in matters of emergency management. EMERGENCY. An event less than a disaster which, in the determination of the Mayor after consultation with the City Manager, requires assistance outside of the resources of the public and private sectors of the City to supplement local efforts and capabilities to save lives, protect property and the public health and safety, or to lessen or avert the threat of a catastrophe in the City. EMERGENCY MANAGEMENT COORDINATOR. The Emergency Management Coordinator for the County of Macomb. EMERGENCY MANAGEMENT LIAISON. The individual appointed by the City Manager to assist the Emergency Management Coordinator in all matters pertaining to disaster prevention, mitigation, response, and relief and recovery operations within the City. EMERGENCY MANAGEMENT PROGRAM. The Macomb County Emergency Management Program, established to coordinate mitigation, preparedness, response, and recovery activities for all emergency or disaster situations within the County and one or more of its political subdivisions. The City has elected to be part of this Program. EMERGENCY OPERATIONS CENTER. The location to which key staff members shall respond, as coordinated by the Emergency Management Liaison and the Support Emergency Operations Plan. EMERGENCY OPERATIONS PLAN. The County plan developed and maintained by the County and the political subdivisions included in the Emergency Management Program according to standards established by the Michigan Administrative Code for the purpose of responding to all emergency or disaster situations by identifying and organizing the Disaster Relief Force. EMERGENCY SERVICES OPERATIONS GROUP (ESOG). The City's primary emergency planning body, which shall also execute response functions during events, emergencies, and disasters. The ESOG is comprised of the operations supervisors and other staff of Police, Fire, and Public Works Departments assigned by their respective department directors. The ESOG advises the Municipal Security Team regarding emergency services. EVENT. Any situation or occurrence of an alert status, local state of emergency, or disaster which involves the office. GOVERNOR. The Governor of the State of Michigan. Regular City Council Meeting Tuesday, November 7, 2012 Page 7 INCIDENT COMMANDER. The individual responsible for on-scene management of the response to an event, emergency, or disaster. INCIDENT COMMAND SYSTEM. The National Fire Academy-approved system forming a combination of facilities, equipment, personnel, procedures and communications operating within a common organizational structure, with responsibility for the management of assigned resources to effectively accomplish stated objectives pertaining to an event. City Departments will operate within the incident command system during any event. MAYOR. The chief elected official of the City of Sterling Heights, as defined and described in the City Charter. MUNICIPAL SECURITY TEAM. The City Manager as team leader, Assistant City Managers, City Attorney, Community Relations Director, Public Works Director, Fire Chief, Police Chief, Finance and Budget Director, Emergency Management Liaison, and Emergency Management Coordinator. The MUNICIPAL SECURITY TEAM is convened in response to an event or threat of an event to mitigate the consequences of an event or threat of an event when necessary and to strategically plan when multiple departments and agencies are needed in response to actions that can affect the City. The MUNICIPAL SECURITY TEAM oversees the Emergency Services Operations Group NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS). Developed by the Secretary of Homeland Security, the NIMS was developed to provide a system that would help emergency managers and responders from different jurisdictions and disciplines work together more effectively to handle emergencies and disasters. The NIMS provides a set of standardized organizational structures such as the incident command system and standardized processes, procedures, and systems. These processes and procedures are designed to improve interoperability among jurisdictions and disciplines in various areas – command and management, resource management, training, communications. STATE OF EMERGENCY. A declaration or proclamation by the Mayor pursuant to the Act and this chapter which activates the emergency response and recovery aspects of the City of Sterling Heights Support Emergency Operations Plan, authorizes the deployment and use of any municipal forces and resources to which the Plan applies, and authorizes additional actions described in this chapter. Such declaration or proclamation may be made if an emergency is beyond the control of the City's public and private resources. The Mayor may request the County Executive to declare a state of disaster or state of emergency as defined by, and utilizing the procedures set forth in, the Act. SUPPORT DEPARTMENTS, OFFICES, COMMISSIONS, AND VOLUNTEER GROUPS. Any City department, office, or commission, or any volunteer group, empowered through the City to be available for any event at the request of the Emergency Management Coordinator or Liaison. The support departments, offices, commissions, and volunteer groups support the lead department and the Emergency Management Coordinator or Liaison in bringing the City back to pre-event conditions. SUPPORT EMERGENCY OPERATIONS PLAN. The plan developed by the County with the City which will become part of and shall be compatible with the County Emergency Operations Plan. UNIFIED COMMAND SYSTEM. A structure that brings together the incident commanders of all major departments and organizations involved in responding to an event, emergency, or disaster. The UNIFIED COMMAND SYSTEM is designed to coordinate an effective response while at the same time allowing individual departments and organizations to carry out their own responsibilities. VITAL RECORDS. Those records that contain information needed for the continuity of government functions. All departments and offices of the City will develop and implement a vital records protection system through their department and office directors. Regular City Council Meeting Tuesday, November 7, 2012 Page 8 15-4. EMERGENCY MANAGEMENT COORDINATOR. A. Upon approval by resolution of the City Council, Macomb County’s Emergency Management Coordinator shall be appointed as the Emergency Management Coordinator for the City of Sterling Heights, as permitted by the Act and pursuant to a written emergency management agreement between the County and the City. B. The Emergency Management Coordinator shall comply with the standards and requirements established by the Department of State Police Emergency Management Division, under the authority of the Act, in accomplishing the following: (1) Direct and coordinate the development of the Macomb County Emergency Operations Plan, in accordance with the policies and plans established by the appropriate federal and state agencies; (2) Coordinate all emergency management functions pertaining to disaster prevention, mitigation, relief, and recovery operations within the City, including maintaining the County Emergency Operations Centers; (3) Coordinate County emergency management activities with those of other municipalities included in the County’s Emergency Management Program, as well as with other municipalities, the state, and adjacent counties; (4) File the necessary paperwork required for funding, filing of flash reports, and developing assistance requests for the City with the Michigan State Police, Emergency Management/Homeland Security Division; (5) Work with the Emergency Management Liaison when involved in emergency management activities that involve the City; (6) Assist the Emergency Management Liaison with the development of the City’s Support Emergency Operations Plan to assure that it meets specified requirements and is compatible with the Macomb County Emergency Operations Plan; and (7) Review the Support Emergency Operations Plan with the City and the County Office of Emergency Management at least once every two years and, upon deeming it adequate, certify the Plan to be current and adequate for the ensuing two years. Administrative reference: Requirements for local emergency management program, see MI ADC R. 30.51(e)(ii) Drafter Note: This section enacts the City’s election to be part of the Macomb County Emergency Management Program by appointing the County’s Emergency Management Coordinator as the City’s as well (subject to a resolution and agreement). Because the Coordinator will no longer be a City employee, the requirements imposed here are limited to those found in the agreement with the County and those found in state law. 15-5. SUPPORT EMERGENCY OPERATIONS PLAN. The Support Emergency Operations Plan shall describe the relationship between the Emergency Management Program and the City; shall identify the City’s response procedures in relation to the County response procedures; shall be maintained in accordance with the standards of currentness of the County’s Emergency Operations Plan; shall be consistent with the County’s Emergency Operations Plan; and shall contain the signatures of the City Manager, the Mayor, the Emergency Management Liaison, and the Emergency Management Coordinator and be forwarded to the County. The City Manager shall review the Support Emergency Operations Plan with the Emergency Management Coordinator at least once every two years. Administrative reference: Requirements for support emergency operations plan, see MI ADC R. 30.51(e)(iii) Drafter Note: This section enacts the requirements for a Support Emergency Operations Plan, as identified in the Michigan Administrative Code (also known as Administrative Rules, which have the force and effect of law). Regular City Council Meeting Tuesday, November 7, 2012 Page 9 15-6. EMERGENCY MANAGEMENT LIAISON. A. The Emergency Management Liaison shall be appointed by the City Manager to assist the Emergency Management Coordinator in all matters pertaining to disaster prevention, mitigation, response, and relief and recovery operations within the City. The City Manager shall also appoint two (2) successors to the position of Emergency Management Liaison who shall, in the order of succession chosen by the City Manager, assume the role and duties of the Emergency Management Liaison in the event that the position becomes vacant or the individual serving in the position becomes unavailable by reason of incapacitation or inaccessibility. B. The Emergency Management Liaison shall: (1) Coordinate City emergency management activities with those of the County and adjacent jurisdictions; (2) Assist the Emergency Management Coordinator with the development of the Support Emergency Operations Plan and the incorporation of City resources into the plan; (3) Identify City departments and agencies to be included in the Support Emergency Operations Plan as part of the Disaster Relief Force; (4) Identify City resources and forward information to the Emergency Management Liaison for inclusion in the City Resource Manual; (5) Coordinate the recruitment, appointment, and utilization of volunteer resources; (6) Assist the Emergency Management Coordinator with administering training programs; (7) Coordinate City participation in exercises conducted by the County; (8) Assist in the development of mutual aid agreements; (9) Assist in educating the population as to actions necessary for the protection of life and property in an emergency or disaster; (10) Encourage departments/agencies within the City to identify and implement procedures to mitigate the effects of potential disasters; (11) Assist in the assessment of the nature and scope of an emergency or disaster and collect damage assessment information and forward it to the County; (12) Coordinate the vital records protection program; (13) Develop municipal standard operating procedures for disaster response which are consistent with the Support Emergency Operations Plan. B. Whenever this Chapter assigns a duty or responsibility to the Emergency Management Coordinator, the Municipal Emergency Management Liaison shall act in the place of the Emergency Management Coordinator during emergency or disaster events that require immediate action if the Emergency Management Coordinator is unavailable, inaccessible, or delegates responsibility due to the scope of the emergency or disaster event. Drafter Note: The agreement with the County requires the City to appoint an Emergency Management Liaison. Subsection B clarifies that the Liaison shall essentially act as the Coordinator during an event if immediate action is required and the Coordinator is unavailable. 15-7. ASSESSMENT OF AN EMERGENCY OR DISASTER IN THE CITY; FINDINGS AND RECOMMENDATIONS; NOTICE; TEMPORARY ASSISTANCE. A. When an event occurs that has not been declared to be a state of emergency by the Governor, and the event is considered by the Mayor to be beyond the control of the City's and private sector's resources, the Emergency Management Liaison shall immediately contact the Regular City Council Meeting Tuesday, November 7, 2012 Page 10 Emergency Management Coordinator. The Emergency Management Coordinator will contact the County Executive and the District Coordinator as required by the Act. The District Coordinator, in conjunction with the Emergency Management Coordinator and Emergency Management Liaison, may assess the nature and scope of the disaster or emergency, and shall recommend the personnel, services, and equipment that will be required for its prevention, mitigation, or relief. The Emergency Management Liaison shall remain the local coordinating officer throughout the event unless the Emergency Management Coordinator assumes control. B. Upon completing the assessment, the District Coordinator will notify the Director of State Police, who will notify the Governor, and the Emergency Management Coordinator shall notify the County Executive, Mayor, and the City Manager of the findings and recommendations and update all with the nature and scope of the event. C. If the Governor determines that immediate action is essential to the preservation of life and property, the Director of the State Police may initiate temporary assistance to the affected area as necessary and compatible with the policies and procedures of the Act. Statutory reference: District coordinator responsibilities, see M.C.L. § 30.414 Drafter Note: This section is carried over from the prior version of Chapter 15 (formerly Section 15-19) with minor procedural and terminology changes to account for the City’s participation in the County program. 15-8. STATE POLICE ADMINISTRATIVE RULES; PURPOSE, IMPLEMENTED, CITY RESPONSIBILITY. State Police Administrative Rules provide the means through which the City may apply and receive disaster aid. To be eligible for disaster aid: (1) The Emergency Management Liaison shall implement the Support Emergency Operations Plan in a timely manner for an alert status and request the Mayor to declare a local state of emergency when information indicates this action is necessary; (2) The Mayor shall declare a local state of emergency in a timely manner and forward an authorization request through the Emergency Management Liaison to the Emergency Management Coordinator when information received on the nature and scope of the event is beyond the City's ability to cope; (3) When resources from the public and private sector in the City are exhausted, the Mayor shall request that the County Executive declare a County state of emergency and if necessary seek assistance from the Governor for the City; (4) The Emergency Management Coordinator or Emergency Management Liaison will direct the Damage Assessment Team to conduct a damage assessment immediately after the emergency and provide this information to the County who will in turn provide this information to the State of Michigan for consideration of reimbursements for expenditures during the emergency. The Emergency Management Coordinator or Emergency Management Liaison may direct the Finance and Budget Director to assist the Damage Assessment Team leader and Assessor in the preparation of information to be provided to the County. Drafter Note: This section is carried over from the prior version of Chapter 15 (formerly Section 15-20) with minor procedural and terminology changes to account for the City’s participation in the County program. 15-9. ASSISTANT LIAISONS; APPOINTMENT, QUALIFICATIONS, RESPONSIBILITIES, POWERS. The Assistant Liaisons will be appointed by their Department or Office Director. Each department director shall also appoint two people to serve as successors in the event that the Assistant Liaison is not available or requires assistance. The Assistant Liaisons provide assistance to the Emergency Management Liaison when available. The Assistant Liaisons may Regular City Council Meeting Tuesday, November 7, 2012 Page 11 be directed by the City Manager, with input from the Emergency Management Coordinator Liaison, to do one or more of the following: (1) Report to the Emergency Management Liaison at the onset of all events; (2) Identify and provide for the protection of vital records; (3) Attend training relevant to emergency management efforts and ensure staff is trained so as to be able to implement assigned emergency functions; (4) Provide the Emergency Management Liaison with a list of personnel and resources available within the Department and provide a list of those that may be needed during times of emergency; (5) Participate in periodic exercises to enhance the adequacy of the respective agency's or department's response capability; (6) Implement the directives of the Emergency Management Coordinator or Liaison, City Manager, and/or Mayor (or their designees) during a local state of emergency. Drafter Note: This section is carried over from the prior version of Chapter 15 (formerly Section 15-21), but with minor revisions to account for the City’s participation in the County program. 15-10. CONTINUITY OF GOVERNMENT AND GOVERNMENT SERVICES; MUNICIPAL SECURITY; ESOG RESPONSIBILITIES. The Support Emergency Operations Plan will provide continuity of government at the legislative and administrative levels that includes, but is not limited to, guaranteed successors at the executive, administrative, and operational levels of the City government. The ESOG shall be responsible for strategic planning for municipal security, and for critical infrastructures that include communications, power, electric, gas, oil, industry, business, water, banking, finance, emergency services, government, transportation, foreign-represented governments, recreational venues, resident population, and special classifications, as assigned to the ESOG. The ESOG shall also be responsible for developing and maintaining a City resource manual for use in emergency or disaster response activities. Drafter Note: This section is carried over from the prior version of Chapter 15 (formerly Section 15-7), but revised to account for the fact that the City will no longer have an emergency management office. 15-11. COUNCIL. The Council will provide legislative responsibilities in matters of emergency management for the City and will assist in providing continuity of legislative functions throughout an event. The Council will also perform the following activities: (1) Approve and authorize the emergency management budget; (2) When a local state of emergency is authorized by the Mayor, such declaration or proclamation shall not be continued or renewed for a period in excess of seven days except with the consent of the Council. The City Manager will provide information to the Council prior to its decision; (3) Oversee the continuity of government and government services; (4) Support the Emergency Management Coordinator and Liaison in response to events to a point when the City is brought back to pre-event condition; (5) Support the immediate coordination and utilization of all public and private resources in the City during an event; (6) Provide a means through which the City may exercise the authority conferred by this chapter; Regular City Council Meeting Tuesday, November 7, 2012 Page 12 (7) Adopt a resolution, as required by the Michigan Department of State Police Emergency Management's Administrative Rules, to assist with the application for state and federal funding. Drafter Note: This section is carried over from the prior version of Chapter 15 (formerly Section 15-8), but revised to account for the fact that the City will no longer have an emergency management office. 15-12. MAYOR. The Mayor reports to the Council on matters of emergency management. The Mayor Pro Tem will act as the Mayor's successor when the Mayor is not available. A member of the Council, as determined by a vote of the Council, shall act as the Mayor's successor when both the Mayor and Mayor Pro Tem are not available. The Mayor may do one or more of the following: (1) Authorize a local state of emergency based upon information received through the Emergency Management Coordinator or Liaison on the nature and scope of the emergency; (2) Attend event meetings and briefings for the purpose of government continuity; (3) Implement quarantine procedures, through the City Manager, under the direction of the Macomb County Health Department, Michigan Department of Public Health, or the Center for Disease Control in the protection of public health from a known or believed biological threat; (4) Authorize a curfew through the City Manager to be enforced by the Police Department for the protection of public health, safety, and welfare with power to enact and maintain a curfew for events that are or may affect the City; (5) Activate mutual aid agreements or compacts with other municipal entities in order to secure assistance in the form of personnel, equipment, or other resources that the Mayor deems necessary to assist with emergency or disaster relief efforts. The Emergency Management Coordinator or Liaison shall carry out such agreements or compacts, as required by the Act. Statutory reference: Declaring a local state of emergency, see M.C.L. § 30.410(1)(b) Mutual aid agreements, see M.C.L. § 30.410(3) Drafter Note: This section is carried over from the prior version of Chapter 15 (formerly Section 15-9) with only minor terminology changes. 15-13. CITY MANAGER. The City Manager is executive head of the City government and is the overall administrative authority during all events within the City. The City Manager will appoint a minimum of two administrative persons to act as successors when the City Manager is not available. After an alert status is authorized with escalation to a declaration of disaster or emergency by the Governor and/or the President of the United States, the City Manager will provide direction for media releases coordinating the Community Relations Director's emergency functions and may take emergency actions to ensure the City returns to pre-event conditions. The City Manager may do one or more of the following: (1) Appropriate and expend funds, make contracts, and obtain and distribute equipment, materials, and supplies for pre-event and event purposes; (2) Provide for the health, safety, and welfare of persons and property, including emergency assistance to the victims during an event; (3) Plan and initiate local multiple departmental response to an event within the City through the Municipal Security Team; Regular City Council Meeting Tuesday, November 7, 2012 Page 13 (4) Appoint, employ, remove, or provide, with or without compensation, rescue teams, auxiliary fire and police personnel, engineering, emergency management, a hazardous materials team, and other disaster workers; (5) Send emergency personnel to an event outside of the City as directed by the Governor or Director of the Michigan Department of State Police under a state or federally declared event, or when deemed appropriate by the City Manager; (6) Convene the Municipal Security Team and chair the process during declared events at a location conducive to strategic planning capabilities; (7) Inform Council on the assessment information provided by the Emergency Management Coordinator or Liaison regarding the nature and scope of the emergency or disaster; (8) After authorizing an alert status, the City Manager may order a safe evacuation process of the public under the direction of the Incident Commander at the scene of the event in the City; (9) Request investigation into the cause of any declared emergency or disaster occurring within the City through the Emergency Management Liaison; (10) Relieve City employees of normal duties and temporarily reassign them to other duties during an event or state of emergency or disaster; (11) Direct the overall disaster or emergency relief effort, including the Disaster Relief Force, in accordance with the Support Emergency Operations Plan. Drafter Note: This section is carried over from the prior version of Chapter 15 (formerly Section 15-10) with only minor terminology changes. 15-14. REVIEW. (A) On an annual basis, after soliciting observations and opinions from the Police Chief and Fire Chief, the City Manager shall review the performance of the Emergency Management Coordinator and Liaison and make recommendations to the City Council. (B) With input from the Police Chief and Fire Chief, the City Manager shall review the effectiveness of the Support Emergency Operations Plan as the plan relates to the City once every two (2) years. With the assistance of the Emergency Management Liaison, the City Manager shall make recommendations to the Emergency Management Coordinator of any changes which may be needed. After this review and the incorporation of necessary changes, the City Manager shall certify the plan to be current and adequate for the City for the ensuing two (2) years and the Mayor shall sign the plan as required by the Administrative Code. Drafter Note: This section is new and intended to provide for reviews of the Emergency Management Coordinator every year and reviews of the Support Emergency Operations Plan every 2 years. 15-15. COMMUNITY RELATIONS DIRECTOR; REPORTING STRUCTURE, AUTHORITY, AND RESPONSIBILITIES. The Community Relations Director is responsible for emergency public information and the coordination of all media activities during events and reports to the City Manager. The Community Relations Director will appoint two persons to act in his or her absence. The Community Relations Director has authority for releasing emergency public information regarding the event. The Community Relations Director may do one or more of the following: (1) Ensure all information released to the media has been approved by the City Manager and released in a timely manner. All information of questionable accuracy will be withheld pending verification, unless to do so would unnecessarily endanger life and property; Regular City Council Meeting Tuesday, November 7, 2012 Page 14 (2) Develop and maintain appropriate contingency guides for carrying out the emergency public information essential functions; (3) Contact local media and determine who to contact at the media, procedures to be utilized by the media, and the willingness of the media to air/publish news releases; (4) Maintain a list of media to be used during an event making; (5) Ensure that air traffic control authorities are asked to restrict air space over and near the event; (6) Coordinate with departments of government and emergency services to familiarize them with the public information system and their role in it; (7) Employ the Fire Department Safety House when the situation requires sheltering for staff at the site; (8) Establish staff to operate the emergency public information system during an event; (9) Keep Council informed of the most immediate actions and plans of the City in response to an event. Drafter Note: This section is carried over from the prior version of Chapter 15 (formerly Section 15-11) with no changes. 15-16. THE PUBLIC WORKS (PW) DIRECTOR; REPORTING STRUCTURE, AUTHORITY, AND RESPONSIBILITIES. The PW Director is responsible for all public works related activities in the City and reports to the City Manager and will appoint one person of the Department of Public Works to act in his or her absence as the Public Works Director. The PW Director has authority for handling the following: (1) Severe storm damage and debris removal; (2) Flood fighting efforts; (3) Ecological emergencies; (4) Winter storm response and snow emergencies; (5) Energy emergencies. The Department of Public Works is responsible for but not limited to the following: (1) Maintaining transportation routes; (2) Coordinating activities designed to control the flow of flood water, including sandbagging, emergency diking, and pumping operations; (3) Implementing travel restrictions and road closures within the City, as requested by the Incident Commander; (4) Identifying evacuation routes and posting obvious signing; (5) Providing emergency generators and extraordinary lighting; (6) Assisting with traffic when and where possible; (7) Assisting with access control points; Regular City Council Meeting Tuesday, November 7, 2012 Page 15 (8) Assisting private and public utilities with shut-down of gas, electric, and water when directed to do so; (9) Assisting with transportation of essential goods; (10) Reporting damage information to the Emergency Management Coordinator and Emergency Operations Center during events; (11) As necessary, establishing staging areas for public works resources; (12) Assisting with damage surveys for the Federal Public Assistance Grant Program; (13) Providing appropriate personnel and staff for the Emergency Operations Center when activated. Drafter Note: This section is carried over from the prior version of Chapter 15 (formerly Section 15-12) with no changes. 15-17. FIRE CHIEF; REPORTING STRUCTURE, AUTHORITY AND RESPONSIBILITIES. The Fire Chief reports to the City Manager and will appoint one person to act as the Fire Chief in his or her absence. The Fire Chief has authority for handling the following: (1) Fires; (2) Hazardous material events; (3) Evacuations; (4) Multiple casualties; (5) Searches and rescues; (6) Wild fires; (7) Chemical, biological, radiological, nuclear, and explosive (CBRNE) response; (8) Medical authority for the City. The Fire Department is responsible for, but not limited to, the following: (1) Responding to events and providing an Incident Commander; (2) Providing personnel to staff the Emergency Operations Center; (3) Mobilizing and coordinating fire response units from the City and other jurisdictions; (4) Reporting to the City Manager on the nature and scope of the Fire Department's role in the event; (5) Providing documentation on costs incurred by the Fire Department during an event for reimbursement purposes. Drafter Note: This section is carried over from the prior version of Chapter 15 (formerly Section 15-13) with no changes. 15-18. POLICE CHIEF, REPORTING STRUCTURE, AUTHORITY AND RESPONSIBILITIES. The Police Chief reports to the City Manager and will appoint one person to act as the Police Chief in his or her absence. The Police Chief has authority for handling the following: Regular City Council Meeting Tuesday, November 7, 2012 Page 16 (1) All law enforcement essential functions and crime scene response; (2) Public demonstrations and civil disturbances; (3) Cyber security or cybercrime events; (4) CBRNE investigations; (5) Bomb threats; (6) Strikes and demonstration activity; (7) Emergency public warning; (8) Emergency communications; (9) Transportation accidents. The Police Department is responsible for the following: (1) Responding to events and providing an Incident Commander; (2) Providing personnel from the Police Department to staff the Emergency Operations Center; (3) Reporting to the City Manager on the nature and scope of an event; (4) Providing direction and control of traffic; (5) Implementing and controlling an event scene perimeter; (6) Providing protection of valuables in multi-casualty events and protection of property during evacuations; (7) Providing protection of key persons and facilities involved with the event; (8) Implementing crisis management at the onset of an event and, in conjunction with federal and state agencies, throughout an escalating event. Drafter Note: This section is carried over from the prior version of Chapter 15 (formerly Section 15-14) with no changes. 15-19. RESPONSIBILITIES OF THE FIRE MARSHAL; DUTIES WITHIN THE MICHIGAN EMERGENCY MANAGEMENT STANDARDS. The Fire Marshal will: (1) Coordinate emergency temporary shelter for victims through volunteer agencies for up to 48 hours from the onset of the event; (2) Provide for the orderly hosting of evacuees from other jurisdictions that have been or are threatened because of an event in that jurisdiction; (3) Direct the Police Department to safeguard the evacuated persons and property which is located within the City limits. Drafter Note: This section is carried over from the prior version of Chapter 15 (formerly Section 15-15) with no changes. 15-20. POWERS, RESPONSIBILITIES OF THE EMERGENCY MANAGEMENT COORDINATOR & LIAISON DURING DECLARED EVENTS; EXTREME EMERGENCY MEASURES. Regular City Council Meeting Tuesday, November 7, 2012 Page 17 During an event, the Emergency Management Coordinator and/or Liaison is: (1) Vested with full authority of Council to provide consequence management and mission-essential functions; (2) Authorized and expected to advise the Mayor and City Manager on all matters pertaining to the event; (3) Authorized to deploy Assistant Liaisons; (4) Authorized to engage the Finance and Budget Director and the Damage Assessment Team to initiate the cost recovery process; (5) Authorized to engage other volunteer or professional individuals or groups considered to be beneficial to mitigate an event; (6) Authorized to coordinate, with the City Manager, the location from which staff will respond. The Municipal Security Team and individuals/entities from volunteer, private sector, and government agencies may be notified to respond. The EOC may be activated for the duration of time necessary to bring the City back to pre-event conditions. Upon consultation with the City Manager, the EOC may thereafter be deactivated. The Emergency Management Liaison throughout an event will work directly with the County Coordinator. To preserve life and property during an event, the Emergency Management Coordinator or Emergency Management Liaison may take the following emergency measures: (1) Commandeer any or all City buildings, personnel, equipment, and other resources of the City in the mitigation of the threat or action; (2) Request the Mayor to implement quarantine procedures when, in the opinion of experts from the County or State Health Departments or the Center for Disease Control, a threat to the public health of the City exists due to a biological or CBRNE event; (3) Request that the City Manager provide for an evacuation order of person(s) known or believed to be in danger because of a condition affecting the City; (4) Provide for the hosting of persons from another jurisdiction that may be in danger from a situation existing in another jurisdiction; (5) In cooperation with the Police Department, provide for the protection of key individuals and property through those means necessary that will provide for the continuity of government and government services from hazards that threaten the City; (6) Request the City Manager to provide additional funds in handling an event to bring the City back to pre-event conditions; (7) Request assistance from the American Red Cross, Salvation Army, or other nonprofit volunteer agencies and/or organizations to augment City personnel and/or relief and recovery programs in the implementation of emergency activities. Volunteer individuals shall be part of the disaster relief force and shall be subject to the rules and regulations and supervision set forth by their respective nonprofit agency and/or organization. Drafter Note: This section is carried over from the prior version of Chapter 15 (formerly Section 15-17). The only changes involve the new relationship between the Emergency Management Liaison and the County’s Emergency Management Coordinator. 15-21. CITY REQUEST FOR DECLARATION OF STATE OF DISASTER OR EMERGENCY; NECESSARY RULES AND ORDINANCES. A. When an event occurs in the City and is beyond the control of local public and private agencies to handle by utilizing the procedures set forth in §15-7, the Mayor shall advise the Emergency Management Coordinator, who shall then contact the state police emergency management division district coordinator and request that the Governor declare that a state of disaster or state of emergency exists in the City. The Mayor may also request assistance from Regular City Council Meeting Tuesday, November 7, 2012 Page 18 the County Executive and if applicable, ask the County Executive to declare a County state of emergency. If the event becomes beyond the control of county resources, both public and private, the County Executive may contact the Governor to declare that a state of emergency exists within the County and the City. The Mayor and City Manager shall comply with any orders issued by the County Executive, and the director of the Department of State Police thereafter, and shall cooperate with the County and/or director in matters of emergency management. B. The City, County, or an agency appointed by the Governor may make, amend, and rescind ordinances or rules necessary for emergency management purposes and supplementary to a rule, order, or directive issued by the Governor or agency exercising a power delegated to it by the Governor. The ordinance or rule shall be temporary and shall no longer be in effect upon the Governor's declaration that a state of emergency is terminated. Emergency ordinances may be adopted upon convening a quorum of the Council and may be adopted after a single reading, without notice, and shall take immediate effect. In the event that a quorum of the Council cannot be convened due to the emergency or disaster, the City Manager may issue administrative orders that shall have the immediate and interim force and effect of an emergency ordinance adopted pursuant to this section. Statutory reference: Emergency procedure, see M.C.L. § 30.412 Drafter Note: This section is carried over from the prior version of Chapter 15 (formerly Section 15-18), but with procedural changes to address the County’s involvement in the new emergency management plan. 15-22. EMERGENCY OPERATORS AND PUBLIC WARNING; RESPONSIBILITIES FOR THE WARNING AND DUTIES TO PERFORM. The 9-1-1 Center's Emergency Operators are responsible for warning the public and key officials during Emergencies and disasters. Severe weather events planning, emergency management policy, and procedure setting are the responsibility of the Office. Implementation of policy procedures and training is the obligation of 9-1-1 Center supervision. Emergency Operators shall provide for response to emergency management policy and procedures and carry them out as directed through the Emergency Management Liaison. They shall do the following: (1) Assume responsibility for the primary activation of the emergency sirens under public warning; (2) Contribute to the emergency exercise and training programs offered through the Office; and (3) Assume responsibility for notification of EOC staff to report to the EOC when directed by a member of the Municipal Security Team. Statutory reference: District coordinator responsibilities, see M.C.L. § 30.414 Drafter Note: This section is carried over from the prior version of Chapter 15 with no procedural changes. 15-23. OBSTRUCTING EMERGENCY FIELD FORCES WHILE ENGAGED IN A DECLARED EMERGENCY OR DISASTER EXERCISE. It shall be unlawful for a person(s) to interfere with, hinder, impede, obstruct, or disrupt in any manner emergency or Disaster Relief Forces engaged in relief activities during an event, emergency, disaster, or emergency exercise within the City. It shall likewise be unlawful for any person to wear, carry, or display any emblem, insignia, or other means of identification as a member of the Disaster Relief Forces of the City, or to otherwise represent oneself to another as a member of the Disaster Relief Forces, unless authority to do so has been granted to that person Regular City Council Meeting Tuesday, November 7, 2012 Page 19 by City, State, or Federal officials. Violations of this section shall be punishable as prescribed in Chapter 1, Section 9 of the City Code. Penalty, see § 1-9 Drafter Note: This section is carried over from the prior version of Chapter 15 with no changes. 15-24. LIABILITY. A. As provided in the Act, personnel of emergency or disaster relief forces while on duty, if they are employees of a county, municipality, or other governmental agency, have the powers, duties, privileges, and immunities of and receive the compensation incidental to their regular employment. If they are not employees of a county, municipality, or other governmental agency, they shall nevertheless have the same rights and immunities as provided for by law for employees of the state. The City and its agents or representatives shall not be liable for personal injury or property damage sustained by, or caused by, any member of the Disaster Relief Force, nor is the City liable for the death of or injury to a person or persons, or for damage to property, as a result of engaging in disaster relief activity. The employees, agents, or representatives of the state or a political subdivision of the state and nongovernmental disaster relief force workers or private or volunteer personnel engaged in disaster relief activity are immune from tort liability to the extent provided in M.C.L. § 691.1407. As used in this section, the phrase "disaster relief activity" includes training for or responding to an actual, impending, mock, or practice disaster or emergency. The right of a person to receive benefits or compensation to which he or she may otherwise be entitled under the workers compensation law, any pension law, or any act of Congress, will not be affected as a result of said activity. All personnel of disaster relief forces shall, while on duty, be subject to the operational control of the authority in charge of disaster relief activities in the area in which they are serving. B. As provided in the Act, any person owning or controlling real estate or other premises who voluntarily and without compensation grants the City the right to inspect, designate, and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons or for any other event function during a declared local state of emergency, declaration of disaster, or an authorized practice emergency exercise, shall not be civilly liable for the death of or injury to any person on or about such real estate or premises under such license, privilege, or other permission or for loss of or damage to the property of such person. However, the person owning or controlling the real estate or other premises is legally obligated to make known any hidden dangers or safety hazards that are known to the owner or occupant of the real estate or premises that might possibly result in the death or injury or loss of property to a person using the real estate or premises. Statutory reference: Powers, duties, and liabilities of relief forces, see M.C.L. § 30.411. Drafter Note: This section is carried over from the prior version of Chapter 15 with no changes. SECTION 2. All other provisions of the Code of Ordinances not specifically amended shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately upon publication of a notice of adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 16th day of October, 2012, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 7th day of November, 2012. WALTER C. BLESSED, City Clerk INTRODUCED: 10/16/2012 ADOPTED: 11/07/2012 Regular City Council Meeting Tuesday, November 7, 2012 Page 20 PUBLISHED: 11/11/2012 EFFECTIVE: 11/11/2012 CONSENT AGENDA 4. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda, as amended: A. To approve the minutes of the Regular Meeting of October 16, 2012, as presented. B. To approve payment of the bills as presented: General Fund - $531,297.90, Water & Sewer Fund - $1,051,456.37, Other Funds - $1,133,938.87, Total Checks - $2,716,693.14. C. RESOLVED, to schedule a special meeting of the City Council for a strategic planning session on Tuesday, February 12, 2013 at 7:00 p.m. and direct the City Clerk to post the appropriate notices in accordance with Michigan’s Open Meetings Act. D. Moved to Consideration Item 8. E. RESOLVED, to approve TCO #5-28 to require Alma Drive traffic to yield at the intersection with Vanderbilt Drive. F. RESOLVED, to approve TCO #7-78 to prohibit U-Turns and Through Traffic on Farm Lane Court between 2:00 p.m. and 3:00 p.m., Monday through Friday. G. RESOLVED, to award the bid for the purchase of computers to Dell Marketing L.P., One Dell Way, RR8-06, Round Rock, TX 78682, at a cost of $72,502.50 based on the unit prices bid through the Midwestern Higher Education Compact contract. H. RESOLVED, to: A. Award the bid for police equipment to Michigan Police Equipment Company, 6521 Lansing Road, Charlotte, MI 48813, based on unit prices bid, in the cumulative amount of $15,498.30. B. Approve a budget amendment to use fiscal year 2012 Edward Byrne Memorial Justice Grant (JAG) Program Local Solicitation (GID# 201212- 001) grant revenue (account #43501040-529000 – Federal Grant), and increase grant expenditure account #43730315-982001 (Police Operations – Machinery & Equipment – Grant) in the cumulative amount of the bid award. Regular City Council Meeting Tuesday, November 7, 2012 Page 21 I. RESOLVED, to accept the proposal by Business Information Systems, Inc., 1350 NE 56th Street, Suite 300, Ft. Lauderdale, FL 33334, for the purchase of a digital court recording system at a total cost of $30,517. J. RESOLVED, to waive the competitive bidding requirements in accordance with City Code §2-223(A) and approve the Agreement for Animal Licensing Services between the City of Sterling Heights and Pet Data, Inc. and authorize the City Manager to sign the agreement on behalf of the City. K. RESOLVED, to receive the lawsuit, Reusch vs. City of Sterling Heights, et al; Macomb County Circuit Court Case No. 12-4500-NF. Yes: Koski, Romano, Schmidt, Smith, Taylor, Ziarko. Absent: Notte. The motion carried. CONSIDERATION 5. Mr. Sal Conigliaro, Public Works Director, made a presentation on the voluntary, subscription-based curbside recycling program in the City. He pointed out current subscribers are about 4300, but Waste Management is committed to moving the program forward. Mr. Conigliaro introduced Mr. Pat Greve of Waste Management of Michigan. Mr. Greve stated they are moving this program from sign up to implementation and bringing curbside recycling to the City of Sterling Heights. He stated they are committed to doing this and will continue to promote the program through water bill marketing and getting the product out on the street. Mr. Greve would continue to evaluate the program. He pointed out the only change to the residents is a designated date for curbside pick up every other week on Friday. Mr. Harry Marchlones stated he takes his own recycling to the recycling center and it doesn’t cost him anything. He discussed the size of the containers to be provided and the fact that plastic bags would not fit in them. He feels it would be more aggravation to the residents having to wash out the containers. Mr. Geoff Gariepy discussed the addition of a second garbage day; the fact that most residents won’t wash out the containers and believes this is a bad idea. Moved by Schmidt, seconded by Ziarko, RESOLVED, to approve the addendum amending the proposal by Waste Management of Michigan, Inc., 22650 Stevenson, Regular City Council Meeting Tuesday, November 7, 2012 Page 22 Clinton Township, MI 48035, for a voluntary, subscription-based curbside recycling program for the period of May 1, 2012 to April 30, 2018, and direct the City Manager and City Clerk to sign the addendum on behalf of the City. Councilwoman Schmidt questioned the pick up schedule and Mr. Greve stated it would be every other week. Councilwoman Schmidt questioned the timetable for the first truck to go down the streets. Mr. Greve responded on their rollout schedule it states Friday, March 1st. Councilwoman Schmidt stated the people that signed up for the program are very anxious for it to get started. She can appreciate the comments made by the residents who spoke here this evening and stated the residents were given a choice. They were aware of the size of the containers and what was involved. Councilwoman Ziarko agrees the residents that signed up are very excited and inquiring when it was going to start, so she is glad we have a date. She stated the people that recycle clean up their recyclables and almost gift wrap them, so she doesn’t believe there would be any problem with the odor like from garbage. She is comfortable with the addendum. Councilwoman Ziarko expressed her dissatisfaction with the promotion of this program and stated there were many opportunities for Waste Management to appear at City events and promote this recycling program and cited Sterlingfest as one of those events. She hopes going forward City Management would appear at some of the upcoming City events and promote this program. Councilman Smith stated he originally signed up for this program and believed the 5,000 subscribers would be a bare minimum. The intent was 5,000 by July 1 and we didn’t meet the goal, which was a low hurdle to begin with. He discussed the cost involved and stated it is a better deal for Waste Management, but not necessarily on the customer’s end. He is not against the plan but skeptical about the fallout. Councilman Romano agreed with Councilwoman Ziarko that recyclers are a different breed. He believes once the program is underway, more people will sign up. He stated the containers are more than adequate to handle the amount of recycled materials. Regular City Council Meeting Tuesday, November 7, 2012 Page 23 Councilman Romano stated it is commendable on the part of Waste Management to move forward with this. Councilwoman Koski questioned whether they would still implement the program on March 1, 2013 if they don’t reach the 5,000. Mr. Greve responded they would continue with the program; they are not canceling it. Councilwoman Koski questioned advertising costs and whether Waste Management had any other method of reaching the people. She suggested putting an advertisement in the City’s quarterly magazine. She questioned who controls the advertising. Mr. Greve responded they have a sales and marketing team. Their plan at this time is to use the water bill method and see what happens when the containers are out on the streets. Mayor Pro Tem Taylor stated when people originally signed up for this program they were under the impression that it would be along with their trash pickup every other week. He inquired about the notification Waste Management would provide to the residents. Mr. Greve responded if this passes tonight, they would send out an implementation schedule to the subscribers in December. He pointed out 99% of the subscribers gave their email address also. Mayor Pro Tem Taylor wanted the residents to know it is a subscriber-based plan and they don’t have to do it. He is comfortable with this addendum. Vote on motion to consider the addendum to the proposal: Yes: Schmidt, Ziarko, Koski, Romano, Smith, Taylor. Absent: Notte. The motion carried. 6. Mr. Roger Silvi, appearing on behalf of the Ko family, explained the request to transfer ownership of 2012 Class C liquor license. Moved by Romano, seconded by Ziarko, RESOLVED, that the request with the Michigan Liquor Control Commission to transfer ownership of 2012 Class C liquor license, located in escrow at 21620 Gratiot, Eastpointe, MI 48021, from BDN Fundamentals, Inc. to Han Kook Kwan, Inc., d/b/a Korea Palace, and transfer location to 34744 Dequindre, Sterling Heights, MI 48310 is recommended for approval. Regular City Council Meeting Tuesday, November 7, 2012 Page 24 Councilman Romano questioned whether the additional work was completed on the building and Charlie (son of the applicant) indicated it was. Councilman Romano questioned whether any of the employees have completed the TIPS training. Mr. Silvi responded they would have that in place per the requirements of the Liquor Control Commission. Councilman Romano questioned whether the taxes have been paid on the property and Charlie indicted they were. Councilman Romano stated this business has been operating in the City for 8 years and if this would help them, he sees no reason not to grant approval. Councilwoman Ziarko agrees with Councilman Romano and stated if this would enhance their business then she is in favor of it. Councilwoman Ziarko pointed out the liquor license transfers do not have to come before the City Council anymore and they can transfer the license with Council’s approval. Mr. Bahorski responded the Michigan Liquor Control Commission has revised their requirements and in the case of transfers, the change is from a resolution of approval to a resolution of opinion. The City is only rendering an opinion and the Michigan Liquor Control Commission doesn’t have to wait for Council’s approval. The City still requires all applicants come before the City Council, even on transfers. It is important for the community to be able to voice their opinion. Vote on motion to recommend approval of transfer: Yes: Romano, Ziarko, Koski, Schmidt, Smith, Taylor. Absent: Notte. The motion carried. 7. Ms. Kasey Green, Economic Development Manager, explained the request by Hi-Tech Tool Industries, Inc. to extend the duration of the Tool and Die Renaissance Recovery Zone designated for property commonly known as 6701 Center Drive for a period of five years. She stated the owner and CFO of the company are present this evening, as well as Jim Ahee from the Economic Development Department and Roxanne Reeder from the Assessing Office. She stated Mr. Arnold Rabin, President of HTI Cybernetics would like to make a few comments. Regular City Council Meeting Tuesday, November 7, 2012 Page 25 Mr. Rabin stated by allowing them to participate in this program, they have been able to retain their employees and maintain their operations at a level which has allowed them to successfully participate in the resurgence of American manufacturing and more particularly in the comeback of their automotive industry. By extending this for another five years, the City would be contributing to their success in the future. Moved by Ziarko, seconded by Koski, RESOLVED, to adopt the resolution requesting that the Michigan Strategic Fund Board extend the duration of the Tool and Die Renaissance Recovery Zone designated for the parcel of property leased by Hi-Tech Tool Industries, Inc., commonly known as 6701 Center Drive, Sterling Heights, Michigan, parcel identification no. 10-28-100-043-000, for a period of five years for a total of ten years. Councilwoman Ziarko stated there are 39 other companies that meet the requirements, but only HTI is eligible. She asked Ms. Green to explain this for the City Council. Ms. Green stated it is a two-way street and the companies have to want to be part of it and they have to want that company as a part of that collaboration. It is not easy for companies to qualify. Councilwoman Ziarko discussed the financial impact and abatement value. She questioned the number of people employed and Mr. Rabin responded 43, but they also use quite a few contractors. Councilwoman Koski questioned the company’s intent after the next five years and whether they might be able to invest in Sterling Heights. Mr. Rabin responded they have some intentions to expand their facility, but they don’t own the property. They currently lease property in Macomb Township. This is temporary for a two-year period. They are growing and investing in the company. Councilwoman Koski clarified that their intent is to stay in Sterling Heights and develop in Sterling Heights. Councilman Smith pointed out the company has already received five years and he feels that should be enough of an incentive to get them going on an even keel. Right now he sees a tax loss to the City. Councilman Smith stated the term “renaissance recovery Regular City Council Meeting Tuesday, November 7, 2012 Page 26 zone” means coming out of the dark ages and he doesn’t believe Sterling Heights should be in this program. Councilman Romano inquired whether this business needs this extension to survive. He stated part of this is that this Council is open to helping business in the City continue to survive. Anything he can do to assist business in Sterling Heights, he will continue to do. Mr. Ahee pointed out the City is not in a Renaissance Recovery Zone; it is for this property only. They have done renaissance zones in every community. Mayor Pro Tem Taylor stated there is more than the City tax aspect; it is for all taxes that are abated in any given year. He asked where the $125,000 comes in. Mr. Ahee responded it is based on the information he has from 2008 and it includes personal property taxes as well as real property taxes. Mayor Pro Tem Taylor pointed out there is a significant amount of state income taxes being abated. He stated this is a profitable company and there is a difference between being business friendly and giving a hand out to businesses. He doesn’t see any meaningful reason to give this business a complete abatement for two years and feels it is unfair to other businesses. Mr. Ahee responded this program is designed as a reinvestment for the company. They are in a very competitive situation with other companies in China. This program is designed to help these companies remain competitive. Roll call vote on motion to extend the duration of the Tool and Die Renaissance Recovery Zone: Yes: Ziarko, Koski, Romano, Schmidt. No: Smith, Taylor. Absent: Notte. The motion carried. ~ Resolution ~ Sterling Heights City Council A resolution of the Sterling Heights City Council requesting that the Michigan Strategic Fund Board extend the duration of the Tool and Die Renaissance Recovery Zone designated for Hi-Tech Tool Industries, Inc. Whereas, on September 2, 2008, the City Council of the City of Sterling Heights (City) adopted a resolution requesting that the Michigan Strategic Fund Board designate a parcel of property leased by Hi-Tech Tool Industries, Inc. (HTI), commonly known as 6701 Center Drive, as a Tool and Die Renaissance Recovery Zone pursuant to and in accordance with §8d of the Michigan Renaissance Zone Act (Act), P.A. 376 of 1996, as amended, for an initial term of five years; and, Regular City Council Meeting Tuesday, November 7, 2012 Page 27 Whereas, HTI’s application for a Tool and Die Renaissance Recovery Zone received approval by the Michigan Strategic Fund Board for the requested initial term of five years; and, Whereas, the Act authorizes the Michigan Strategic Fund to extend the duration of HTI’s Tool and Die Renaissance Recovery Zone with the consent of the City provided the total term does not exceed fifteen years; and, Whereas, HTI is appearing before the City Council seeking a resolution requesting that the Michigan Strategic Fund Board extend the duration of the Tool and Die Renaissance Recovery Zone; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, and State of Michigan, hereby requests that the Michigan Strategic Fund Board extend the duration of the Tool and Die Renaissance Recovery Zone designated for the parcel of property leased by Hi-Tech Tool Industries, Inc., commonly known as 6701 Center Drive, Sterling Heights, Michigan, parcel identification no. 10-28-100-043-000, for a period of five years, for a total of ten years. IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Sterling Heights to be affixed hereto on this 7th day of November, 2012. WALTER C. BLESSED, City Clerk 8. Item D from the Consent Agenda: Moved by Ziarko, seconded by Schmidt, RESOLVED, to set a public hearing date of November 20, 2012 at 7:30 p.m. regarding the application by M-Tech Associates LLC to establish an Industrial Development district at 33500 Mound Road. Yes: Ziarko, Schmidt, Koski, Romano, Taylor. No: Smith. Absent: Notte. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Harry Marchlones – Police and Fire Retirement Programs. Mr. Geoff Gariepy – Support for businesses in competition with China. Mr. Jeffrey Norgrove – Commend Mr. Blessed and his staff on the election; December 3, 2012 CDBG meeting. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Bahorski at this time. Mr. Vanderpool responded to the comment from the resident as it relates to the Police and Fire pension inquiries and stated the reason we have lost revenues is a result of the huge housing market collapse that occurred in 2007, state shared revenue cuts and reductions in personal property tax and now potential elimination of the personal property Regular City Council Meeting Tuesday, November 7, 2012 Page 28 tax. He pointed out the City lost over $60 million in revenue since 2007. Pensions are a byproduct of the problem and the City has been aggressively addressing pension reform. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS 1. Councilwoman Koski reminded residents the Sterling Heights Police Department is holding a Law Enforcement Explorer recruitment night on Monday, November 12, 2012 from 6 – 8 p.m. at the Police Department for students ages 14 to 21. 2. Councilman Smith responded to Mr. Marchlones he is on the right track about pensions. He believes there is a problem. As far as the tool and die shops as related to by Mr. Gariepy, the companies don’t always get the job. They are not all healthy at any given time. 3. Councilman Smith stated Sunday, November 11, 2012 is Veterans Day and the ceremony begins at 11:00 a.m. at the Recreation Center. ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: Ziarko, Romano, Schmidt, Smith, Taylor, Koski. Absent: Notte. The motion carried. The meeting was adjourned at 9:30 p.m. WALTER C. BLESSED, City Clerk