City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, OCTOBER 1, 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, 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 Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Mark Carufel, City Clerk; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Mrs. Joyce Fitch requested permission to speak under Approval of Agenda. Councilman Smith removed Consent Agenda Item H and made it Consideration Item 3. Moved by Koski, seconded by Romano, RESOLVED, to approve the Agenda, as amended. Mrs. Fitch asked for a ruling from Mr. Bahorski. Mr. Bahorski asked if the Mayor wanted him to respond. He explained if the speaker wanted to speak about an item in the Consent Agenda, she would be given an opportunity to speak at that time. Mrs. Fitch expressed her dissatisfaction with the time limit for citizen communication and requested the City Council allow more time for the citizens to speak at this meeting Regular City Council Meeting Tuesday, October 1, 2013 Page 2 and the next meeting. She also voiced her concern with the amount of money being spent to promote the ballot question and questioned the cost of the signs. Councilman Taylor called a point of order. Mayor Notte advised Mrs. Fitch that the time limit would not be extended past 7 minutes. He stated the 7-minute rule has been working up until she came to the podium; everyone else abides by it. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool encouraged residents to make their properties “SHINE” in preparation for the winter months by participating in the City’s Pride and SHINE Day on Saturday, October 19, 2013. The Citywide cleanup is part of the SHINE (Sterling Heights Initiative for Neighborhood Excellence) program, which is aimed at protecting property values by urging all residents to maintain the exterior of their homes. The SHINE initiative works with civic and church groups to provide volunteers for those residents who need help with property maintenance because of age, physical disabilities or financial hardship. Mr. Vanderpool reminded residents it is unlawful to dispose of leaves by raking them into the streets; anyone caught doing so may receive a violation. Rather, leaves should be disposed of through mulching, composting or bagging them in paper yard waste bags and placing them at the curb for separate yard waste pick-up on a regular refuse collection day. Regular City Council Meeting Tuesday, October 1, 2013 Page 3 Mr. Vanderpool reported Columbus Day will be on Monday, October 14, 2013 and all City offices and the 41-A District Court Building will be closed. Additionally, Friday, October 11, 2013, ONLY the 41-A District Court will be closed for a contractual unpaid furlough day. There will be no interruption in the refuse collection on either of these days. Mr. Vanderpool reported the Sterling Heights Fire Department would be hosting an Open House at 11 am on Sunday, October 6, 2013 at Fire Station #4 located at 12850 15 Mile Road. This free event will include an Awards Ceremony at 1 pm and is open to the general public. A variety of fun activities, including demonstrations, educational items and presentation of citations are planned. Mr. Vanderpool reported DTE officials recently informed the City administration they will be moving forward with the SMART meters. DTE has provided an opt-out provision for residents that do not want the SMART meters. He pointed out SMART meters are being installed as part of the SMART meter grid build out nationally and internationally. He stated over 1.2 million SMART meters have already been installed throughout southeastern Michigan and DTE plans to install them in Macomb County, including Sterling Heights, throughout 2014. More information will be provided as it becomes available. Mr. Vanderpool welcomed the new Economic Development Manager, Barry Hicks. He stated Mr. Hicks is a certified planner through the American Planning Association’s Professional Institute and most recently served as Planning Director and Economic Development Project Manager for the City of Jackson, Michigan. Some of Mr. Hicks’ Regular City Council Meeting Tuesday, October 1, 2013 Page 4 duties include working closely with the City’s businesses, creating an environment conducive to business retention and improvement; overseeing the Velocity center, assisting with future development of the Defense Corridor, collaborating with the Macomb OUIncubator and collaborating activities with the City’s Local Development Finance Authority. Mr. Vanderpool reported on the Michigan Defense Center in the business spotlight this evening and introduced Mr. Sean Carlson, Executive Director, to make a presentation. Mr. Carlson discussed this great asset to the State of Michigan and this community. A video was shown at this time. He explained their two offices, one in the Velocity Center and the other at the DC3S building and stated they work out of Lansing as well. Mr. Carlson pointed out the Arsenal of Innovation newsletter, which is published every two months, for them to communicate with their 83 counties and communities across the State of Michigan and all the stakeholders. He introduced Vicky Selva, Macomb County resident and staff member for their team. PRESENTATION Mr. Steve Guitar, Community Relations Director, explained the efforts by the Sterling Heights Beautification Commission to encourage all city residents and property owners to accept basic responsibilities in preserving and enhancing the beauty of public and private properties. He introduced Chairperson Aaron Wawrzyniak. Mr. Wawrzyniak explained the role of the Beautification Commission in the selection of award winners and explained the different categories. He introduced Commission members in attendance: Sharon Mason, Ruth Ann Schinzing, Gary Isom, Darlene Regular City Council Meeting Tuesday, October 1, 2013 Page 5 MacLeod, Henrietta Baczewski, Steve Duncan and Janice Early. Mr. Wawrzyniak asked the Mayor and City Council members to join him in making the award presentations. Community Improvement Award presented to the City of Sterling Heights for the North Van Dyke River District public improvement. Mr. Wawrzyniak presented the award to Mayor Notte. Awards in the Business category were presented to: Baldor Electronics, Eckerts Greenhouse, Serenity Animal Hospital, Sterling Car Care and Subway. Awards in the Multi-Family Complex category were presented to: Aberdeen Gardens Condos, Arden Courts Memory Care Community, Evangelical Home, Laurel Valley Apartments, Seville Terrace, Shoal Creek Apartments, Villa Fontana Homeowners Association and Waltonwood. Award in the Church/School category was presented to: St. Jane Frances deChantal. Awards in the Residence category were presented to: the Allard residence, the Bronson residence, the Carroll residence, the Chapaton residence, the Cocchelto residence, the Colombini residence, the Dao residence, the DeGeorge residence, the Denau residence, the Derosa residence, the DiLaura residence, the Dombek residence, the Dzialo residence, the Eason residence, the Freeland residence, the Friedinger residence, the Gariepy residence, the Kada residence, the Klinger residence, the Kucharek residence, the Ma residence, the Mazur residence, the Meerschaert residence, the Milczynski residence, the Moraccini residence, the Muench residence, the Nida residence, the Oldani residence, the Osak residence, the Paruskiewicz residence, the Sack residence, the Saleh residence, the Sancimino-Polakowski residence, the Sydor residence, the Szymberski Regular City Council Meeting Tuesday, October 1, 2013 Page 6 residence, the Tarczynski residence, the Taylor residence, the Tedrow residence, the Wild residence, the Wioskowski residence, the Yoskovich residence and the Zarkis residence. Best of the Best awards were presented to: Villa Penna (commercial); Sterling Lake Apartments (Multi-Family Complex); St. Paul Lutheran School (Church/School) and the Straughen residence. Moved by Romano, seconded by Schmidt, RESOLVED, to individually and collectively recognize the 2013 Beautification Award winners and thank them for the dedication and effort in making their properties, neighborhoods and the City of Sterling Heights a more beautiful place to live, work and play. Yes: All. The motion carried. Mayor Notte called a five-minute recess at 8:16 p.m. Mayor Notte reconvened the meeting at 8:22 p.m. Fire Chief Chris Martin gave a detailed account of the life-saving efforts by Matthew Hobson, a cement truck driver for Mini-Mix of Clinton Township. Mr. Hobson was delivering concrete to a Sterling Heights location that was having a driveway poured. While performing his duties, he witnessed 29-year-old Anthony Coletti come in contact with the overhead electrical wires carrying 13,200 volts of electricity. Mr. Coletti was electrocuted and fell to the ground in full cardiac arrest. While a family member called 911, Mr. Hobson jumped into action and began CPR on Mr. Coletti, who had stopped breathing and had no pulse. He continued performing CPR until the Sterling Heights Fire Department arrived and took over patient care. The Firefighters from Station #1 were able to successfully resuscitate Mr. Coletti with defibrillation and medication. On the Regular City Council Meeting Tuesday, October 1, 2013 Page 7 way to the emergency room, Mr. Coletti experienced another medical emergency and Engine 4 was called to assist. Once again, Mr. Coletti was stabilized. Because of the “chain of survival”, Mr. Coletti made a full recovery. Chief Martin presented Mr. Hobson with the Sterling Heights Fire Department’s Exceptional Civilian Service Award. Chief Martin also recognized Fire Department Paramedics Lt. Bob Haase from Engine 1, Firefighter Vinnie Schwartz, Rescue 1 Lt. Kevin Wardrop, FEO Glen Garwood and Battalion Chief Rich Boughton. Chief Martin announced that these officers would be receiving Meritorious Unit Citations at the Fire Department Open House October 6th. ORDINANCE ADOPTION 1. Moved by Taylor, seconded by Ziarko, RESOLVED, to adopt, as amended, the ordinance amending Chapter 8 of the City Code to require veterinarians located within the City to report rabies vaccinations administered to residents’ dogs and provide dog licensing options to residents for durations of 1, 2 or 3 years. Councilman Taylor had one issue with the first reading and it was related to limiting this to only dogs that reside in the City of Sterling Heights and that change was made. He has not heard any objections from any veterinarians. He believes it will do a lot to bring unlicensed dogs to the surface and make sure all dogs are licensed. He pointed out Administration will ask that veterinarians outside the City limits voluntary comply. He looks forward to seeing how this extended period of time for dog licensing will work. Regular City Council Meeting Tuesday, October 1, 2013 Page 8 Councilman Smith stated he had the same objections he had at the last meeting. He said he objected to the reporting requirement placed on the private businesses and the increase in licensing fees. CITY OF STERLING HEIGHTS MACOMB COUNTY, MICHIGAN ORDINANCE NO. 431 AN ORDINANCE TO ADD SECTION 36 TO CHAPTER 8 OF THE CITY CODE BY IMPLEMENTING VETERINARY REPORTING REQUIREMENTS FOR SUBMITTING RABIES VACCINATION INFORMATION TO THE CITY AND TO AMEND SECTION 41(E) OF CHAPTER 8 TO OFFER DOG LICENSING PERIODS OF 1, 2, OR 3 YEARS THE CITY OF STERLING HEIGHTS ORDAINS: SECTION 1. Section 8-36 of Division 1 of Article II of Chapter 8 of the Code of Ordinances shall be added and shall read as follows: 8-36. ELECTRONIC VACCINATION REPORTING. (A) Beginning January 1, 2014, every veterinarian shall transmit to the City’s designee the certificate of vaccination for every dog that resides or is kept within the City and that is vaccinated by the veterinarian. Certificates may be transmitted no later than the fifteenth (15th) day of the month following the month in which the rabies vaccination was administered by the veterinarian. The certificate shall be in a form or format required by the City Clerk and shall include all information required by the City Clerk for licensing purposes and by Animal Control for public safety purposes, including but not limited to all of the information included on the standard rabies vaccination certificates used by the veterinarian in the ordinary course of business. (B) The City Clerk may waive the vaccination reporting requirement set forth in this section for one-year intervals if the veterinarian or owner produces a written statement from the veterinarian each year indicating that the dog should not be vaccinated because vaccination will have an adverse health impact on the dog. In such instances, the owner Regular City Council Meeting Tuesday, October 1, 2013 Page 9 must include with the dog license application a signed affidavit affirming “As the owner of an unvaccinated dog, I am aware of and assume all of the potential liability and risk and I recognize the potential for court-ordered euthanasia and/or quarantine of the dog should it bite a person or animal or otherwise expose a human to rabies. Under penalty of forfeiture of the dog without court proceedings, I agree to keep the unvaccinated dog muzzled and properly under control while it is on a public sidewalk or in any place open to the public.” (C) For purposes of this section, the term “veterinarian” shall include, but not be limited to, any veterinarian, veterinary doctor, individual acting under the direction or supervision of a veterinarian or veterinary doctor, animal hospital, veterinary clinic, veterinary facility, or any individual who administers a dog’s rabies vaccination within the City. (D) A failure to comply with the requirements of this section shall be deemed a municipal civil infraction, punishable as provided in chapter 1 of the City Code. SECTION 2. Section 8-41(E) of Division 2 of Article II of Chapter 8 of the Code of Ordinances shall be amended to read as follows: 8-41. LICENSE REQUIRED. (E) The licensing period shall begin April first. Licensing periods of 1, 2, and 3 years shall be available as options to applicants, except that no license shall be issued for a duration longer than the time during which the dog’s rabies vaccination certificate is valid plus 90 days. All licenses shall expire at the end of March 31 during whichever licensing period was issued to the applicant. SECTION 3. The references in Section 1-9(C) of Chapter 1 of the Code of Ordinances to Chapter 8, Animals and Fowl, shall be amended to read as follows: Chapter Title Section Animals and 8-10(A), 8-10(F), 8-11(B), 8-13, 8-20, 8-26(B), 8-28(D), 8-32(B), 8- 8 Fowl 36(A), 8-41(A), 8-41(D), 8-41(H), 8-44(B) Regular City Council Meeting Tuesday, October 1, 2013 Page 10 SECTION 4. All other provisions of the Code of Ordinances not specifically amended shall remain in full force and effect. SECTION 5. This ordinance shall become effective immediately upon publication of a notice of adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 17th day of September, 2013, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 1st day of October, 2013. _______________________________ RICHARD J. NOTTE, Mayor _______________________________ MARK CARUFEL, City Clerk INTRODUCED: 09-17-13 ADOPTED: 10-01-13 PUBLISHED: 10-06-13 EFFECTIVE: 10-06-13 Yes: Taylor, Ziarko, Koski, Notte, Romano, Schmidt. No: Smith. The motion carried. CONSENT AGENDA 2. Ms. Linda Godfrey addressed the September 17, 2013 City Council meeting and pointed out several possible violations of the Open Meetings Act, Sterling Heights Rules of Procedure and Robert’s Rules of Order. She stated she presented a letter to Mr. Bahorski through email, addressing all of her concerns. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda, as amended: A. To approve the minutes of the Regular Meeting of September 17, 2013, as presented. Regular City Council Meeting Tuesday, October 1, 2013 Page 11 B. To approve payment of the bills as presented: General Fund - $900,600.12, Water & Sewer Fund - $253,137.24, Other Funds - $671,097.37, Total Checks - $1,824,834.73. C. RESOLVED, to reject all bids received for computer equipment, ITB-SH13-021, and authorize the Purchasing Manager to proceed with a re-bid. D. RESOLVED, to award the bid for cardiac monitors and ancillary equipment to Physio-Control, 11811 Willows Road NE, P.O. Box 97023, Redmond, WA 98073- 9723 at unit prices bid. E. RESOLVED, to award the bid for hand held-data collectors, including equipment, set-up, training and maintenance, to SLC Meter Services, Inc., 3059 Dixie Highway, Waterford, MI 48328, based on unit prices bid. F. RESOLVED, to split the award of the bid for water service parts as follows: A. Curb Boxes – to HD Supply Waterworks, 6575 23 Mile Road, Shelby Township, MI 48316-4407, for a one-year period at the unit price bid; and, B. 1” type K-Copper – to Liberty Plumbing Supply Company, 29101 Michigan Avenue, Inkster, MI 48141, for a one-year period at the unit price bid. G. RESOLVED, to acknowledge and accept the donation by Two Seven Oh Inc. in the amount of $500.00 and authorize a budget amendment appropriating the funds to general fund, support services miscellaneous account, account number 11730326- 962000. H. Moved to Consideration Item 3. Yes: All. The motion carried. Regular City Council Meeting Tuesday, October 1, 2013 Page 12 CONSIDERATION 3. Item H from the Consent Agenda: Mr. Jeffrey Norgrove inquired why the meeting is being scheduled to the following Tuesday, instead of Wednesday after the election. Mayor Notte pointed out there is a regular scheduled meeting the day after the election and the following week will be the swearing in ceremony. Mr. Bahorski added there was change in the state law where previously canvassing was done locally; it has now been transferred by state law to the county. The county clerk has assured us they will have the results by Tuesday. Moved by Romano, seconded by Ziarko, RESOLVED, to schedule a special City Council meeting for Tuesday, November 12, 2013 at 6:30 p.m. and direct the City Clerk to provide public notice in conformity with Michigan’s Open Meetings Act. Councilman Smith suggested both meetings, the first regular meeting of the month and the special meeting, be rescheduled to the following Tuesday, November 12, 2013, with the certification of results and administering of the oath of office at 6:30 p.m., followed by the regular meeting at 7:30 p.m. Yes: Romano, Schmidt, Taylor, Koski, Notte, Romano. No: Smith. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Mike Lombardini – Breast Cancer Awareness Month. Ms. Linda Godfrey – Breast Cancer Awareness; Absentee ballots, millage increase, truth in taxation. Regular City Council Meeting Tuesday, October 1, 2013 Page 13 Mr. Sergio Vargo – Transparency in City government. Mr. Joe Rimarcik – Questioned the Homestead Exemption at 32700 Ryan Road/follow- up process; Code enforcement fee structure. Mr. George O’Brien – Millage issue/lack of information. Mr. Jeffrey Norgrove – Misinformation regarding payment of the senior center and gym; Millage question; future of the City. Mr. Gerald Sieja – Adoption of roads; Library computers; Community Relations propaganda; Against millage. Ms. Parvaneh Orow – Need for cutbacks in the police and fire departments; Protest against abortion and harassment by police officers. Mr. Joe Judnick – Fire department response time, grant money; water bills; millage increases. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Bahorski at this time. There was no report from Mr. Vanderpool at this time. Councilman Taylor questioned Mr. Judnick’s calculation of the numbers and pointed out Warren’s city tax levy of almost 28 mills compared to the City of Sterling Heights tax levy of around 13 mills. Councilman Taylor stated to Mr. O’Brien, when he came on the City Council he opposed tax increases as a general policy. While he still opposes tax increases as a general policy, he pointed out the steps the City has taken and stated this millage is because we can’t afford the police and fire departments that we have been accustomed to having. With Act Regular City Council Meeting Tuesday, October 1, 2013 Page 14 312, there is no longer the ability to cut costs in the police and fire departments and we have to live with the wages and benefits we have right now. We cannot afford to keep paying those salaries with the amount of revenue coming in and keeping up with all the things the City needs to do to maintain the infrastructure, the roads and technology. It is now up to the residents to decide. Mayor Notte stated residents have a right to their opinion, but not to their facts and figures because they don’t always add up to what the City policy is. Councilwoman Koski asked Mr. Bahorski to address the question from the resident as it relates to the homestead exemption. Mr. Bahorski responded there are consequences for not properly filing or fraudulently filing homestead exemptions. Mr. Vanderpool added they do monitor improper homestead exemption filings and they take action on them when they become aware of them. He will make sure there is follow- up on this particular one. Councilwoman Ziarko asked Mr. Vanderpool to address some of the questions from the residents. Councilman Romano suggested Administration review the possibility of compensation or a fine for recurring property violations. Councilman Smith stated the 2014 date for SMART meters is a variance from where we were two years ago when we were promised there would not be any before 2016. Councilman Smith stated to the residents that want to review union contracts, they can log into the website and go through all the old meetings and look for them. Regular City Council Meeting Tuesday, October 1, 2013 Page 15 Councilman Smith stated to Mr. Norgrove, the City Council is in the habit of taking credit for everything that happens in the City. Councilman Smith addressed the number of fire stations in the City and stated we can easily, permanently close two of them and have more than adequate fire protection. He doesn’t believe we need five fire stations. Councilman Smith stated to the woman about the abortion protesting, she has a right to be on the sidewalk and she is well within her rights. Councilman Smith addressed the number of union employees and stated the City is down 197 employees or 31% of our head count. This is a result of progress, automation and outsourcing. He pointed out the City’s revenue is up 27% for the last eleven years, fire spending is up 40%, police spending is up 47%, non-police and fire spending is up 2% and city streets are down 18%. He believes road improvements should be a separate millage. Councilwoman Schmidt believes what was just said by Councilman Smith is deceptive to the residents. She stated to compare this City to thirty plus years ago is deceptive. She pointed out our population has increased and our roads are much busier than they were thirty plus years ago when maybe three fire stations and a lot less police were necessary. We are a big, busy community and she believes to compare us to thirty plus years ago is irresponsible and deceptive. She stated the residents need to decide what kind of community they want to live in. Mr. Vanderpool responded to Mr. Rimarcik, the issue of code enforcement is going to be discussed more in the next month or so to see if there has been any improvement over the Regular City Council Meeting Tuesday, October 1, 2013 Page 16 last couple of years. He believes the code enforcement program is working, but there are some challenging cases that require some attention. Mr. Vanderpool stated with respect to the resident that expressed concern about the abortion protest, she is correct she has a right to protest but she must be on the sidewalk. With regard to the Collective Bargaining Agreements, he has no problem putting them on line. If a resident wants to look at the CBA’s, they can go to the Library or Clerk’s Office also. Mr. Vanderpool addressed the misinformation presented in regard to financing and showed graphs of the declining operating tax revenue, with the lowest level in 10 years. He addressed the declining City road expenditures due to the decrease in revenues, the decrease in property tax revenues since 2008 and stated Proposal A capped any future increases to the rate of inflation. The City has lost $67.2 million in property tax revenues, but the good news to the residents is that property taxes have gone down by almost $450.00 for the average homeowner. He discussed the steps the City has taken to address the problem. Mr. Vanderpool stated Administration is happy to meet with the residents if they have any questions or concerns. ADJOURN Moved by Romano, seconded by Ziarko, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 10:02 p.m. MARK CARUFEL, City Clerk Regular City Council Meeting Tuesday, October 1, 2013 Page 17