City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, JANUARY 15, 2013 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 Mark Carufel, Interim 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: Walter C. Blessed, Acting City Manager; Jeffrey Bahorski, City Attorney; Mark Carufel, Interim City Clerk; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Councilman Smith requested that Consent Agenda Item F be made Consideration Item 3. Councilwoman Schmidt requested that Consent Agenda Item C be made Consideration Item 4. Moved by Koski, seconded by Romano, to approve the Agenda as amended. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Blessed reported the City of Sterling Heights has recently been awarded three Assistance to Firefighter Grants (AFG) through FEMA. These grants will allow the Fire Department to replace all of its Lifepack monitors on the ALS Engines (most of the bottles the Firefighters use in their self-contained breathing apparatus when fighting fires) and train more than 30 Fire Department personnel in fire officer training courses. The award in this round of grants to the Sterling Heights Fire Department totals $232,500. He commended Fire Chief Chris Martin and Training Chief Rob Duke for their efforts in securing these funds. Mr. Blessed reported on upcoming City events: Martin Luther King Jr. Day – January 21, 2013, City offices would be closed for business. The municipal offices include City Hall, Public Library, Parks & Recreation Center, Senior Active Life Center, 41-A District Regular City Council Meeting Tuesday, January 15, 2013 Page 2 Court and the Nature Center. Normal business would resume on Tuesday, January 22. He pointed out the closure would NOT affect the City’s refuse schedule. 2013 Cultural Exchange, sponsored by the Sterling Heights Ethnic Community Committee, is scheduled for Friday, February 1, 2013 from 6-10 pm in the Senior Activity Center. This event will feature a wide array of ethnic music and dance, cuisine from city restaurateurs and educational cultural displays from area groups and retailers. He stated this is a great opportunity for members of various ethnic groups to celebrate their cultural traditions. Mr. Blessed, along with the City Attorney, requested City Council convene in closed session at the conclusion of the regular business portion of tonight’s agenda for the purpose of discussing strategy in connection with the negotiation of a labor agreement and pending litigation in the matter of the City of Sterling Heights vs. the State Tax Commission. PRESENTATION Mayor Notte presented the Nice Neighbor award to Utica Van Dyke Service LLC, owned by Dino Juncevic and located at 43500 Utica Road in Sterling Heights. ORDINANCE INTRODUCTION 1. Mr. Sal Conigliaro, Public Works Director, made a presentation relating to the prevention and destruction of noxious weeds. Moved by Romano, seconded by Ziarko, RESOLVED, to introduce an ordinance amending Chapters 11, 33 and 51 of the City Code to revise and consolidate provisions relating to the prevention and destruction of noxious weeds. Yes: All. The motion carried. CONSENT AGENDA 2. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda, as amended: A. To approve the minutes of the Regular Meeting of January 2, 2013, as presented. B. To approve payment of the bills as presented: General Fund - $306,558.26, Water & Sewer Fund - $1,723,345.09, Other Funds - $953,893.25, Total Checks - $2,983,796.60. Regular City Council Meeting Tuesday, January 15, 2013 Page 3 C. Moved to Consideration Item 4. D. RESOLVED, to approve the agreements to conduct the elections of Macomb Community College, Macomb Intermediate School District, Warren Consolidated Schools and Utica Community Schools in the City of Sterling Heights for a four-year period, subject to reimbursement of election expenses as provided for under Michigan election law, and authorize the City Clerk to sign the agreements on behalf of the City. E. RESOLVED, to cancel the bid award to CMP Distributors, 16753 Industrial Parkway, Lansing, MI 48906, for Federal brand ammunitions and award the bid for the purchase of Federal brand ammunitions to Kiesler Police Supply, Inc., 2802 Sable Mill Lane, Jeffersonville, IN 47130 at unit prices bid for a one-year period. F. Moved to Consideration Item 3. Yes: All. The motion carried. CONSIDERATION 3. Item F from the Consent Agenda: Mr. Mark Carufel, Interim City Clerk, made a presentation as it relates to the request to waive the competitive bidding requirements based upon the immediate need for replacement of a dump truck for the DPW as a result of a recent fire that destroyed one of the DPW’s dump trucks. He asked Mr. Conigliaro to further explain the need for the replacement vehicle. Mr. Conigliaro discussed the DPW’s fleet of vehicles and the need to replace the totaled dump truck. Mr. Jeffrey Norgrove questioned the City’s insurance policy and preventative maintenance schedule. Mr. Geoff Gariepy responded to an email he received from Councilman Smith regarding this issue. Councilman Smith believes this item is being pushed through without due diligence. Mr. Gariepy feels the fire-destroyed dump truck should be replaced. As far as the City Manager exercising his discretion, he believes Mr. Vanderpool and Mr. Blessed are responsible men and they show good judgment. He feels they should be trusted to advise on the need for a Regular City Council Meeting Tuesday, January 15, 2013 Page 4 snowplow. Mr. Gariepy stated the biggest question raised by Councilman Smith is whether or not the City should be in the business of plowing snow and Mr. Gariepy stated the City should be accountable for the money they spend. There are certain circumstances in which the additional cost (in house vs. outsourcing) is warranted. He urges the City Council to vote in favor of the purchase. Moved by Ziarko, seconded by Schmidt, RESOLVED, to waive the competitive bidding requirements in accordance with Code §2-217(A)(9)(a) and purchase a 2013 Freightliner single axle dump truck with dump box, plows, spreader, and accessories from Wolverine Freightliner Eastside, Inc., 107 South Groesbeck Highway, Mt. Clemens, MI 48043, at a total cost of $198,769.00, and to authorize a budget amendment to use Capitol Project Fund reserves and increase expenditure account number 43790901-984.444 (Capitol Projects – Motor Vehicles & Equipment – DPW Street Services) in the amount of $153,769. Councilwoman Ziarko stated this is very unusual and necessary. She is in favor of the purchase. Councilwoman Schmidt requested Mr. Carufel answer the citizen’s question regarding the City’s insurance. She stated she is comfortable with this purchase, as it is a necessity and not a want. Councilman Romano stated he is comfortable with this purchase as well. Councilman Smith does not necessarily oppose the purchase of the dump truck, but opposes having an item of this size placed on the Consent Agenda without discussion. He stated this is an off-budget unfunded item and it is debatable whether it is a legitimate purchase. He pointed out the City lost one of 19 vehicles, so he doesn’t believe it is an emergency enough to do away with the competitive bidding process. Councilwoman Koski questioned whether the dump trucks are used for any other purpose other than plowing snow and if the employees have other duties throughout the year. She stated the City would get their moneys worth from this new truck. Councilman Taylor discussed the need to replace snowplows and whether a request would have been coming before the City Council in the next year or two. He stated he is Regular City Council Meeting Tuesday, January 15, 2013 Page 5 comfortable with the price and need. This is something we need now and this is not the time to worry about the fact that we are waiving the competitive bidding process. Mayor Notte asked Mr. Conigliaro to address the City’s preventative maintenance program. Vote on motion to waive the competitive bidding requirements and purchase the dump truck: Yes: All. The motion carried. 4. Item C from the Consent Agenda: Mayor Notte pointed out a conflict with one of the scheduled City Council workshops and stated the majority of the City Council had no problem with changing that meeting to another date. Moved by Schmidt, seconded by Romano, RESOLVED, to adopt the resolution establishing an amended schedule of City Council Workshops for the purpose of reviewing and acting upon the 2013/14 proposed budget and to direct the City Clerk to provide the appropriate notice as required by Michigan’s Open Meetings Act. - RESOLUTION - To establish a schedule of City Council Workshops for the purpose of reviewing and acting upon the recommended 2013/14 fiscal year budget UPON MOTION BY MEMBER SCHMIDT and SUPPORT BY MEMBER ROMANO, THE FOLLOWING PREAMBLE AND RESOLUTION WAS OFFERED AND ADOPTED ON JANUARY 15, 2013. AYES: SCHMIDT, ROMANO, KOSKI, NOTTE, SMITH, TAYLOR, ZIARKO. NAYS: NONE. WHEREAS, pursuant to City Charter, the City Manager forwards the recommended budget to the City Council together with such supporting information and schedules as required by April 1; and WHEREAS, the City Charter requires that the City Council adopt a final budget no later than May 10th of each year; NOW, THEREFORE, BE IT RESOLVED THAT: The City Council will conduct televised workshops in the City Council Chambers. 2013/14 Budget Workshop Schedule Thursday, March 28  Budget Submitted and Distributed to City Council (Thursday packets) Tuesday, April 9 6:30 p.m. BUDGET WORKSHOP -9:00 p.m.  Presentation of Budget Annual Budget Message Vanderpool Executive Summary Vanderpool/Baker Trends & Summaries Regular City Council Meeting Tuesday, January 15, 2013 Page 6  Capital Project & Other City Funds Capital Equipment & Vehicles Vanderpool/Baker Major Road Fund Local Road Fund Economic Development Corp. Fund Brownfield Redevelopment Fund Comm. Development Block Grant Fund Land & Water Conservation Fund Public Safety Forfeiture Fund Local Development Finance Authority Fund Debt Service Funds Capital Projects Road Bond Construction Fund  City Administration Department City Management Vanderpool/Baker/Blessed Economic Development Green Administrative Services Division - City Clerk Carufel Act 78 Civil Service Commission - Information Technology Deon Tuesday, April 9 (continued) Finance and Budget Division - Assessing McLachlan - Financial Services Reinhart - Purchasing - Treasury Varney - General Employees Retirement System Baker - General Expenditures  Police Department Police Administration Reese Police Investigations Police Operations Police Support Services Monday, April 15 6:30 p.m. BUDGET WORKSHOP -9:00 p.m. Community Services Department Public Library Turgeon Historical Commission Parks & Recreation Langlois  Fire Department Fire Administration & Training Martin Fire Extinguishment Fire Prevention  Community Relations Community Relations Guitar Beautification Commission Cultural Commission  Public Works Department Building & Facilities Maintenance Viazanko Engineering Bashaw Fleet Maintenance Conigliaro Neighborhood Services Gerstenberg Parks & Grounds Maintenance Conigliaro Planning Mende Planning Commission Zoning Board of Appeals Public Works Center Conigliaro Refuse Collection Street Services Regular City Council Meeting Tuesday, January 15, 2013 Page 7  Water & Sewer Fund Water & Sewer Administration Conigliaro Water Distribution Sewage Collection  Legal Vanderpool/Bahorski Tuesday, April 16 7:30 p.m. REGULAR CITY COUNCIL MEETING Budget Workshop continued after regular meeting (if necessary) Tuesday, May 7 7:30 p.m. REGULAR CITY COUNCIL MEETING Charter Budget Hearing Budget Adoption Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Jeffrey Norgrove – Michigan Income Tax changes; Need for Police and Fire Millage. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There were no reports from City Administration or City Council at this time. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Moved by Ziarko, seconded by Romano, to recess to closed session to discuss strategy in connection with the negotiation of a labor agreement and pending litigation in the matter of the City of Sterling Heights vs. the State Tax Commission. Roll Call vote: Yes: Ziarko, Romano, Schmidt, Smith, Taylor, Koski, Notte. The motion carried. The meeting was recessed at 8:22 p.m. ADJOURN Moved by Schmidt, seconded by Taylor, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 8:54 p.m. MARK CARUFEL, Interim City Clerk