City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, NOVEMBER 20, 2012 IN CITY HALL Mayor Richard J. Notte called the meeting to order at 7:30 p.m. Mayor Notte led the Pledge of Allegiance to the Flag and Walter C. Blessed, City Clerk, gave the Invocation. Council Members present at roll call: Deanna Koski, Richard J. Notte, Joseph V. Romano, Maria G. Schmidt, Paul Smith, Michael C. Taylor, Barbara A. Ziarko. Also Present: Mark D. Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Walter C. Blessed, City Clerk; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Moved by Koski, seconded by Romano, to approve the Agenda as presented. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported the City was recently recognized for environmental leadership at the Michigan Green Communities Conference held in Lansing. Sterling Heights achieved member status for exemplary action in a variety of categories, including collaborating with other cities and the County to promote and enhance water resources in southeast Michigan. The City is also part of an inter-local agreement that encourages communities to offer energy-efficient opportunities to residents. Mr. Vanderpool reminded residents of the City’s snow emergency policy and the ordinance changes that enable improved enforcement. Mr. Vanderpool informed residents the 15 Mile Road grouting project would be completed by December 21 and the lane closures on 15 Mile Road would be removed. Mr. Vanderpool reported on a new e-mail distribution/design tool to modernize, enhance and improve its five e-mail subscription newsletters. The new program allows the City to deliver enhanced messages to subscribers more efficiently. Regular City Council Meeting Tuesday, November 20, 2012 Page 2 Mr. Vanderpool announced the new library programs: Crafter’s Cooperative on Wednesday, November 28, 2012 at 7 pm and the Children’s Book Swap on Saturday, December 1 from 2:30 – 4:00 pm in the Programming Center. Mr. Vanderpool reported due to the Thanksgiving holiday, City offices would be closed for business on Thursday, November 22 and Friday, November 23 would be an employee unpaid holiday. In addition, the City’s refuse collection would be delayed one day this week. Mr. Vanderpool reminded residents separate collection for yard waste for the 2012 calendar year ends Friday, November 30, 2012. Mr. Vanderpool reported on upcoming Christmas holiday events: the DPW’s Annual Ken Stempowski Memorial Food and Clothing Drive would take place on Saturday, December 1 from 9 am to 2 pm at the Public Works Building on 18 Mile Road. The 36th annual “A Sterling Christmas” will be held on Saturday, December 1, 2012 from 5:45 pm to 8:30 pm in Dodge Park. Mr. Vanderpool announced the hiring of a new City Assessor, Mr. Dwayne McLachlan and acknowledged Roxanne Reeder for filling in during the interim period. PRESENTATION Councilman Taylor presented the Nice Neighbor award to Bethany Church of God for their volunteerism and generosity in support of the City of Sterling Heights Initiative for Neighborhood Excellence (SHINE). Pastor James Matt accepted the award and announced his Church would be open on Thanksgiving Day for anyone needing a meal. PUBLIC HEARING 1. Mayor Notte opened the public hearing to consider an application to establish an Industrial Development District at 33500 Mound Road. Ms. Kasey Green, Economic Development Manager, made a presentation. She introduced representatives of the companies, Mr. Roy Zomo from M-Tech Associates LLC and Mr. Randy Kell from Aperam Stainless Services & Solutions USA, LLC. Mayor Notte opened the public hearing to the audience. There was no audience participation. Regular City Council Meeting Tuesday, November 20, 2012 Page 3 Mayor Notte closed the public hearing. Moved by Romano, seconded by Schmidt, RESOLVED, that the application by M-Tech Associates LLC to establish an Industrial Development District at 33500 Mound Road 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. Yes: Romano, Schmidt, Taylor, Ziarko, Koski, Notte. No: Smith. The motion carried. ORDINANCE INTRODUCTION 2. Lt. Dale Dwojakowski of the Sterling Heights Police Department made a presentation as it relates to an ordinance amendment to Chapter 49 of the City Code to adopt by reference the High Blood Alcohol Content drunk driving violation and provide for enhanced penalties. Moved by Ziarko, seconded by Romano, RESOLVED, to introduce an ordinance amending Chapter 49 of the City Code to adopt by reference the High Blood Alcohol Content drunk driving violation and provide for enhanced penalties. Councilwoman Ziarko questioned how often this occurs in the City and whether this has any bearing on revocation of their license. Councilman Romano stated anything he can do to increase the penalties for drunk driving he is in favor of. Yes: All. The motion carried. CONSENT AGENDA 3. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of November 7, 2012, as presented. B. To approve payment of the bills as presented: General Fund - $887,795.67, Water & Sewer Fund - $1,204,291.35, Other Funds - $821,071.08, Total Checks - $2,913,158.10. C. RESOLVED, to approve the Municipal Primary Street Maintenance Agreement between the City of Sterling Heights and the Macomb County Department of Roads Regular City Council Meeting Tuesday, November 20, 2012 Page 4 for the period October 1, 2012 to September 30, 2013, and authorize the City Manager and City Clerk to sign the Agreement on behalf of the City. D. RESOLVED, to award the bid for transmit mix to McCoig Materials, LLC, 40500 Ann Arbor Road, Suite 200, Plymouth, MI 48170, based on unit prices bid for a one- year period. E. RESOLVED, to receive the lawsuit, Stieg vs. City of Sterling Heights; Macomb County Circuit Court Case No. 12-4530-NO. F. RESOLVED, to receive the lawsuit, Ametra Sulton v. Sterling Heights Police Department, 41A District Court Case No. S-12-5332-GZ. Yes: All. The motion carried. CONSIDERATION 4. Police Chief Michael Reese and Interim Fire Chief Chris Martin made a presentation as it relates to an Intergovernmental Agreement for Regional Emergency Dispatch Services between the City of Sterling Heights and the County of Macomb. Chief Reese introduced County Sheriff Tony Wickersham, Macomb County Emergency Management Coordinator Vicky Wolber, Brian Baker, Finance & Budget Director, Human Resources Manager Kelton Winnega and Police Captain Thomas Fett. Sheriff Wickersham discussed the County’s involvement and Ms. Wolber presented a PowerPoint on the new Macomb County Operations Center. Mayor Notte opened the discussion to the audience and the following persons spoke: Mr. Nate Shannon questioned the survey sent out to residents and inquired whether this issue relates to that survey. He expressed concern for the safety of the residents and questioned the financial agreement with the County. Mr. Harry Marchlones expressed concern with the consolidation of departments and loss of services. He discussed the different types of calls received by the dispatchers and was relieved with the possibility dispatchers could be relocated to the County. Mr. Adam Vanderleun, President of the Sterling Heights Dispatchers Union, discussed personnel services, residents’ safety, response time, necessity for the consolidation, handling of non-emergency calls, amber alerts, City’s ability to Regular City Council Meeting Tuesday, November 20, 2012 Page 5 control costs and the residents’ right to vote on this issue. He stated they are working on a new proposal and asked the City Council to be absolutely sure this is the only option they have. Mr. Frank Klik, representing the Emergency Dispatchers, stated during these three years the City would no longer have these dedicated employees. He urged the Council to consider the comments made by Mr. Vanderleun before they vote on this issue. Mr. Joseph Rimarcik questioned whether the Sergeant position associated with this consolidation would be dismissed or rolled into the Police Department. He believes the dispatchers have a legitimate gripe and questioned the difference between the $140,000 vs. $85,000 cost for the County dispatchers, whether it is in the wages or benefits. He believes if the people can see the difference, it might help to formulate a decision. He also questioned how non-emergency calls would be handled and believes the City is giving up a lot of control. He believes there should be cost projections every year instead of three years. He would like to see this item deferred to another meeting. Mr. Jeffrey Norgrove questioned the job guarantee and would agree to a deferment if there were a way to compare these costs and come up with a savings. He would rather keep the dispatchers in our City. He stated we really need a police and fire millage or at least give the people a chance to voice their opinion. He would like the City Council to see what the union has on paper before they make a decision on this issue. Ms. Linda Godfrey believes the City dispatchers should be applauded for their number of years of dedication to the City and being on the front line for our police and fire employees. This issue is not about the money, but human lives and what is in the best interest of the residents and employees we have on the payroll. Ms. Godfrey believes this issue has not been addressed to her satisfaction. She stated there is no guarantee that County taxes would not go up. To shift one tax burden to another taxing entity is not the answer. She requested a postponement until Regular City Council Meeting Tuesday, November 20, 2012 Page 6 after the holidays. Ms. Godfrey questioned why this issue is on the agenda when the City Council does not even have to sign off on it. Police Sergeant Colleen Hopper stated there is no valid proof that our services to the citizens would be improved. She expressed concern for the citizen and officer’s safety, stating split seconds count. Sergeant Hopper believes the citizens need a chance to decide whether they want this consolidation and stated this agreement only benefits the Macomb County Sheriff’s Department. She stated the City currently has the computer technology that we would be selling to the County. Sgt. Hopper is not comfortable with this agreement. Police officer Remie Verougstraete stated he is not comfortable with this agreement and that the dispatchers are very important to him. They perform a lot of functions for this City. He questioned why other municipalities are not considering this consolidation but we are. Officer Verougstraete wants the personal touch he has with the dispatchers. He questions how this agreement benefits the City and urges the Council to think hard about it, because once it is gone, it’s a lot harder to get back. Mrs. Philis DeSaele pointed out whether the City does this or not we have a $12 million building that is being paid for by us through the County. She would like to recommend that the City Council postpone this item and consider setting up a committee of citizens and Council to work together for the benefit of this community. Ms. Marlene Sadako, a resident of the City, has a daughter that is a 911 dispatcher in Oregon. She knows what a great job our City does and how much training the dispatchers have to go through. She has had to use 911 services on a couple of occasions. Ms. Sadako believes the dispatchers deserve the City’s attention and answers and that the residents should have a choice. She believes the Council should wait before making a decision on this issue. Mrs. Kathy Gardner, a dispatcher with the City, discussed the state-of-the-art radio system and computer system the City has. She stated the dispatchers are good and they monitor not only their guys but other municipalities as well. Regular City Council Meeting Tuesday, November 20, 2012 Page 7 Mrs. Faith Sawyers, mother of slain officer Mark Sawyers, thanks and supports the dispatchers for their personal attention and the candlelight vigils they hold. Officer Jeff Valken stated the City of Sterling Heights had always been the best and everyone wanted to live and raise their families here. He wants to continue living here because of the services we offer. He is willing to pay whatever it takes to keep what we have. He stated if we lose this, we would never get it back. Officer Valken believes the City Council needs to get input from the residents and taxpayers and he doesn’t want to see good people lose their jobs. Ms. Judy Barton is a retired police dispatcher for a local police department that still dispatches for their City. She believes it doesn’t make sense to send our dispatchers out of the City and that response time will be slower. She stated as far as the survey, she doesn’t know anything about it and she lives in the City. There are many people without computers and she doesn’t understand why this has not been spread in the news. She stated the dispatchers in the City know the streets and the subdivisions and we should keep things the way they are. Ms. Barton doesn’t believe the City Council should make a decision tonight because there is more information needed, which should be presented to the residents. She agrees with a citizen committee. Officer Richard Heins stated men and women in his union strongly oppose this consolidation. He doesn’t believe we will see the same services if we go with the County dispatchers. They are not a family. He hopes the City is not willing to give this away. Mayor Notte called a recess at 9:31 p.m. Mayor Notte reconvened the meeting at 9:40 p.m. Mr. Brian Baker, Finance & Budget Director, addressed the question relating to the guarantee of no future cost increases from the County and stated there is a provision in place that gives the City the ability to review any future rates that would be charged to the City. The City has the ability to look at all individual rates because we are being charged per dispatcher. It is tied to the union contract. Regular City Council Meeting Tuesday, November 20, 2012 Page 8 In regard to the union’s willingness to share and save the City money, he stated this union gave up concessions for only one year and they have not given up any concessions for the last two years; in fact they received a raise last year. The City continues to negotiate with them for concessions. The $5.2 million savings over three years did not include any of the equipment the County would be purchasing from the City. That has yet to be determined. Regarding the Sergeant position, he is a cost to the dispatch center and that position will no longer be needed within the dispatch center. He stated if we kept the dispatch center here, the cost to staff four additional full-time dispatchers would be roughly $450,000. That would be a cost we would avoid. Also, there would be capital costs that were not included. Regarding the shifting of taxes to the County, the City would be paying the County the full rate. There is no tax shift and no reason for the County to justify any tax increase because of this. Someone questioned why other communities are not doing this and the other communities mentioned have a higher tax rate than we do. We have a way to save taxpayers money and partner with the County. Sheriff Wickersham stated in regard to the comment that the County needs the City of Sterling Heights to move forward with this is not true. He is moving forward with this project whether Sterling Heights comes on board or not. It would be the City of Sterling Heights’ decision if they want to come on board. There is room in the center. As far as the New World System, if this dispatch consolidation were to occur, we need to get on the same record information system. The Sheriff is willing to put the County’s money into the New World System. He would be working on his own deal with New World. As far as dispatching, it would be identical to what the City dispatchers are doing. In regard to the qualifications for being hired, the qualifications for entry-level dispatchers is a standard test and he doesn’t see any problems with any of the City’s dispatchers passing the test. Regular City Council Meeting Tuesday, November 20, 2012 Page 9 Police Chief Reese discussed the MACRO group and stated after the studies were compiled, only three cities decided to come on board, Sterling Heights, Macomb County Sheriff’s Department and Clinton Township. That was due to them all being on the same New World system. The Chief pointed out this consolidation has nothing to do with the quality of work these dispatchers do; they are above the norm. Interim Fire Chief Martin discussed the mapping system and stated we have real time mapping within our cities, but it stops at our borders. If we go to the County, all mapping systems will be Countywide. We send apparatus out of our City, but if needed we can call apparatus into our City. He also pointed out it is not a quality issue. The Chief stated this is a hard decision for them to make but it is the right thing to do. Moved by Taylor, seconded by Notte, RESOLVED, to approve the Intergovernmental Agreement for Regional Emergency Dispatch Services between the City of Sterling Heights and the County of Macomb and authorize the City Manager and City Clerk to sign all documents required in conjunction with this approval. Councilman Taylor questioned the handling of calls at the front desk and inquired how this would be different at the County. Chief Reese responded there would be difference at all. Councilman Taylor questioned the sharing of services and inquired whether that would be a detriment to the residents of Sterling Heights. Fire Chief Martin responded if all the departments are on the same mapping system, a fire apparatus from another community could just handle the run. He believes this would be a benefit because we would get a quicker response. Councilman Taylor questioned dispatch communication as it relates to contacting DPW for snow emergencies, calls about lost animals, after-hour calls, etc. The Dispatchers Union believes there would be a detrimental effect on services to our residents. He inquired how dispatchers at the County level would handle this. Sheriff Wickersham responded those calls would be handled by our dispatchers in the call center and they would follow the City’s protocol for those calls. Councilman Taylor questioned amber alerts. Regular City Council Meeting Tuesday, November 20, 2012 Page 10 Sheriff Wickersham responded that is part of the dispatcher’s job. They work the call and put out messages. The County has all those services and would be providing that service to the City. Councilman Taylor questioned Mr. Vanderluen as to why he believes the County would not be able to respond to a situation like the one that occurred recently resulting in the apprehension of two individuals for breaking into a pharmacy. Mr. Vanderluen responded the point he was trying to make is that the City dispatchers are sitting in a circle and when a call comes in everyone can hear what is going on and they can dispatch a patrol car immediately. He believes the difference at the County would be the time delay. The City has a system in place now that is not broke and works very well. Councilman Taylor discussed the City dispatcher’s familiarity within Sterling Heights and stated if there is a problem at the County, they could use our dispatcher’s knowledge. He asked Sheriff Wickersham to discuss response time. Councilman Taylor is comfortable with the fact that the City would be saving money for the residents without any reduction in services. He is also comfortable with the fact that the County has given their word that they would hire 16 of our dispatchers. Mayor Notte feels this is in the best interest of the City. There was a lot of good discussion this evening, both pro and con. In regard to the personal touch as stated by one of the residents, dispatching is not a personal touch; it is a public service. He stated it would not be detrimental to go with the County because this consolidation is an enhancement of services. Mayor Notte stated we have been discussing this for 1-1/2 years and it is something that has to be done. He believes it would be a disservice to the community if we didn’t sign up for this program. The County is investing $12 to $14 million in new technology and we can’t do that in the City. Councilwoman Koski questioned the backup dispatch center as discussed by Sheriff Wickersham. Sheriff Wickersham responded if the County’s center goes down, they would be able to transfer their dispatchers to a different location at a different site and continue dispatching. Councilwoman Koski questioned the location of the backup dispatch center. Regular City Council Meeting Tuesday, November 20, 2012 Page 11 Sheriff Wickersham responded they do not have one at this time. Councilwoman Koski questioned charges for the center’s operation, how the charges are broken down, what is billed on a resident’s County tax bill and what is billed directly to Sterling Heights. Sheriff Wickersham responded the operating costs for the center would be divided up between the four agencies. The residents would continue to pay their current taxes to the County; there would be no increase as far as the center is concerned. Councilwoman Koski questioned the County’s bargaining agreement. Sheriff Wickersham responded negotiations are handled by the Human Resources Director and representatives from the Sheriff’s Department. Currently they are in arbitration and expecting an arbitration award with the next five to ten days. Councilman Smith pointed out we are a long way from making this happen, as the timetable is set for June 30, 2014. Right now our City has twelve bargaining unions and this will reduce it to eleven. He believes it would be beneficial to the City. Councilman Smith stated this is the best business decision the Council can make. He pointed out the fact that Sheriff Wickersham is directly responsible to the taxpayers and he advised the dispatchers to accept the County’s job offer. Councilwoman Schmidt stated we have the best of the best in Sterling Heights and if this consolidation occurs, the County would have the best. She disagrees with the dispatchers having to go through the same testing they did to get hired in Sterling Heights and wants them to be exempt from any of the testing at the County. She believes this is only a shift, as they would continue the same service they provide here. Councilwoman Schmidt discussed the pay scale and inquired whether they would have to come in at the bottom. Sheriff Wickersham responded there is a provision in the contract for a step increase based on their experience. Councilwoman Schmidt questioned whether the Sergeant position would be absorbed back into the Police Department. She also inquired whether the second call center would be in place before this center opens. Sheriff Wickersham stated probably not. Regular City Council Meeting Tuesday, November 20, 2012 Page 12 Councilwoman Ziarko stated the decisions they make at this table affect people’s lives. In order for her to give up something the City has control over and hand it off is not easy. She looks at this as an opportunity in these trying times to do something that hopefully will provide a better service at a lower cost to our residents. She stated there is an opportunity for our dispatchers to have a job if they want the job and she hopes they take advantage of it. Our dispatch center as it currently stands is not sustainable. This is a decision that has to be made and we need to look at this as a cooperative endeavor. Councilwoman Ziarko stated she had an opportunity to visit the site and the layout is going to be a state-of-the-art place to work. She inquired when construction would begin and whether our dispatchers could go in and see the center. Sheriff Wickersham responded RFP’s are going out in December and they hope to begin construction in March and yes it is open to any dispatcher of our City. Councilman Romano stated his personal opinion is that this is about money from what he is hearing. The City is back to the 1977 level of employees. We have close to 200 years of experience with our current dispatchers and we would be losing the human factor. The rank and file police officers are very confident with our dispatch center. This is the kind of confidence they have with each other and you will not find this at the County. Councilman Romano stated sometimes you have to draw a line in the sand and say enough is enough. Our economy is improving. We are talking about something that is going to occur in 2014. Why do we have to address it now? Councilman Romano stated to his colleagues to vote their conscience. He would not support the motion at this time. Roll call vote on motion to approve the Intergovernmental Agreement: Yes: Taylor, Notte, Schmidt, Smith, Ziarko. No: Romano, Koski. The motion carried. COMMUNICATIONS FROM CITIZENS Dr. Steve Naumovski, Ethnic Committee member – CPR training for residents; Sister City 30th anniversary. Mr. Joseph Rimarcik – Speed limit on 16 Mile Road, Board of Appeals agenda/nuisance abatements. Regular City Council Meeting Tuesday, November 20, 2012 Page 13 Ms. Colleen Hopper – Status of job interview for person making financial decisions for the City. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Bahorski. Mr. Vanderpool responded to comments from residents as it relates to the code enforcement issue and property maintenance. UNFINISHED BUSINESS There was no Unfinished Business discussed at this time. NEW BUSINESS 1. Councilman Taylor discussed the need for an agenda item addressing the sign ordinance. Mayor Notte stated in regard to the sign ordinance, Mr. Vanderpool has been researching some information on that ordinance. He asked Mr. Vanderpool to provide information for a meeting in January or February. Mayor Notte stated if Council members had any concerns, they could contact Mr. Vanderpool. ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 11:10 p.m. WALTER C. BLESSED, City Clerk