City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, JUNE 17, 2014 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, Doug Skrzyniarz, 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 Moved by Koski, seconded by Romano, to approve the Agenda as presented. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reminded everyone the Sterling Heights Public Library started their summer reading program today and the theme is Science. He thanked the Friends of the Sterling Heights Public Library who are providing all materials for use during summer reading, all summer reading prizes and funding for a great slate of summer programs. Mr. Vanderpool reported the grand reopening for the newly improved Beaver Creek Park was held at 6 pm this evening. Not only does the park have a new entrance sign, but a number of critical improvements were made to the park last fall and earlier this spring. Significant improvements include the addition of a preschool aged play structure, reconstruction of the baseball field, reconstruction Regular City Council Meeting Tuesday, June 17, 2014 Page 2 of the magic square and installation of a tennis court, as well as many site improvements, including new concrete and the installation of site amenities. He stated the City has also started planning a second phase of improvements, which will include a walk/bike trail around the perimeter of the park. Mr. Vanderpool reported the City has implemented a voluntary outdoor water use restriction through Labor Day. Residents are asked to voluntarily limit outdoor water use to odd/even days, based on the last number in their address. Homeowners with addresses ending in odd numbers should water lawns, fill swimming pools or wash cars on odd numbered calendar dates. Likewise for residents with even number addresses. In addition, all residents should limit outdoor water use between 5-9 am and 6-9 pm when water consumption is at its peak. Mr. Vanderpool updated the residents on the construction at Metropolitan Parkway and Mound. He pointed out the large black structures coming out of the ground are for new signalizations that will be installed, in addition to illuminated street signs. He stated that same design concept will be used along Van Dyke, at Metropolitan Parkway, 17 Mile and 18 Mile Road. PRESENTATION Councilman Skrzyniarz and Councilwoman Schmidt read the following resolution into the record: A resolution of the Sterling Heights City Council recognizing and congratulating St. Malachy Roman Catholic Church on the occasion of its 50th Anniversary. By correspondence dated June 17, 1964, Archbishop John F. Dearden assigned Diocese of Detroit priest Fr. Ghelfi to serve as Pastor to the newly formed parish of St. Malachy, Archbishop Dearden wrote: Regular City Council Meeting Tuesday, June 17, 2014 Page 3 In order to provide for the Pastoral care of souls, the new parish of St. Malachy, under the patronage of St. Malachy, Bishop, is being erected in the vicinity of Schoenherr and Fourteen Mile Road in Sterling Township. With this assignment, a seed was planted for the formation and growth of St. Malachy Roman Catholic Church. It first germinated in the humble setting of Robert Frost Elementary School in Warren, Michigan, where the first mass was celebrated on June 28, 1964. Despite steel folding chairs for pews and bare floors to kneel on, parishioners had hope for their new Parish. Fr. Ghelfi wrote: I well realize the difficulty that we must now endure. It is not easy to be out from a comfortable mother parish and begin as a fledgling, trying our own wings and foraging for ourselves. I am sure that there will be many hard days ahead of us. But with God's grace and the unselfish efforts of every man, woman, and child in St. Malachy Parish will succeed. This is your parish, I am your shepherd, and I have no hands but yours. As Fr. Ghelfi predicted, hard work paid off in tremendous growth for the Parish. Within months, mass services were moved into a temporary church. Integral to this early growth were the formation of the Women of St. Malachy and Men of St. Malachy. These organizations served as forerunners to the Parish Council, the first of its kind in the area. In a few short years, the number of families registered at St. Malachy reached 2,000. This created a need for more worship space. Once again, the people of St. Malachy stepped up by raising over $365,000 through a building fund drive. Bolstered by this commitment, Fr. Ghelfi secured Archdiocese of Detroit approval to construct a permanent church. After a fifteen month construction Regular City Council Meeting Tuesday, June 17, 2014 Page 4 period, the new St. Malachy Roman Catholic Church was dedicated on June 18, 1978. In the intervening years, St. Malachy Roman Catholic Church has succeeded in fulfilling its faith mission to its parishioners. This sustained growth and dedication would not have been possible without the leadership of the pastors serving the St. Malachy Roman Catholic Church over the past fifty years. Together with the pastoral staff and parish volunteers, the St. Malachy Roman Catholic Church has established a strong legacy that will serve it well for the next fifty years. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, and State of Michigan, does hereby recognize and congratulate St. Malachy Roman Catholic Church on the occasion of its 50th Anniversary. Rev. Joseph Gembala humbly received the resolution on behalf of St. Malachy Roman Catholic Church. Rev. Gembala doesn't believe anyone should be denied employment or fired from employment because of religion, race or orientation and urged the City Council to approve the amendment to prohibit discrimination (Item 2 on tonight's agenda). Moved by Skrzyniarz, seconded by Notte, RESOLVED, to adopt a resolution recognizing and congratulating St. Malachy Roman Catholic Church on the occasion of its 50th Anniversary. Yes: All. The motion carried. ORDINANCE INTRODUCTION 1. Mr. Brian Baker, Finance & Budget Director, made a brief presentation on the final amendment to the Appropriations Ordinance for the 2013/14 fiscal year. Regular City Council Meeting Tuesday, June 17, 2014 Page 5 Mr. Jeffrey Norgrove thanked Mr. Baker and his staff and reminded residents of Sterling Heights everything they went through in the past before the millage increase. He stated the City is getting back on the right track and he thanks everyone involved in the process. Moved by Romano, seconded by Ziarko, RESOLVED, to introduce the final amendment to the Appropriations Ordinance for the 2013/14 fiscal year. Yes: All. The motion carried. ORDINANCE ADOPTION 2. Mayor Notte reminded the audience they would have only one opportunity to speak on the issue. There would be one speaker for and one speaker against, the meeting will end at 12:00 and he asked everyone to have common courtesy. He also explained the time limit with the use of the light at the podium. The following persons spoke: Mr. Joel Thomas spoke against the ordinance and asked the City Council to either postpone the ordinance or make a motion to reconsider the investigation process. He believes the ordinance was pushed through too quickly. Mr. Jeff Duncan, Sterling Heights Fire Department Lieutenant, spoke in favor of firefighters Tracy and Lisa. He stated government cannot endorse, promote or show favoritism toward religion in general, or support one religion over another or support religion over no religion at all. He stated this is about equal treatment, not special treatment. Ms. Jasmine Early believes the ordinance the Council is trying to amend forces Christians to put aside their beliefs and compromise their principles Regular City Council Meeting Tuesday, June 17, 2014 Page 6 and goes against the Bible. She appealed to Council not to approve this ordinance. Ms. Julie Bondy, Co-chair of 1 Sterling Heights, stated her religion has nothing to do with this. She believes it is a civil rights issue. They are not asking for special rights. Fr. John Simoneau from St. Cyril & Methodius Catholic Church does not believe there is a need for this ordinance. He stated progress is a random movement and people need to know where they are going. Fr. Simoneau believes the ordinance would create confusion. Mr. Mitchell Hensig stated this ordinance will promote the gay people's right to be able to work. We are all members of the human race, with one love and one life to live. He urged the City Council to make sure there is no discrimination in this City. Mr. John Sansiterra operates a contracting business, which is all word of mouth and customer referrals. He believes this ordinance will limit his ability to choose who and how he wants to be represented. Master Kenneth Baumann, an 11 year-old boy, talked about the discrimination he has faced because he actively participates in singing, dancing, gymnastics and plays ball. He believes people should be allowed to be who they are. Mr. Jack Flurgo stated in order to appeal to everyone today, he is asking for a clearer definition of the ordinance, stating it lacks a lot of clarity. Mr. Hank Kennedy believes this City is founded on core American values of justice, equality and fairness and that is why this ordinance should be adopted to prohibit discrimination. Regular City Council Meeting Tuesday, June 17, 2014 Page 7 Ms. Beverly Owens stated we have adults acting like children and they are crying about being discriminated against. People need to look around and see what is happening in the world. We don't need more laws or ordinances. Mr. Mike Lombardini reminded people there are exemptions in the legislation for religious reasons and specific prohibitions against the ordinance being used for shared bathrooms and showers or using the ordinance for purposes that are sex specific. He stated people need to read the ordinance first before they comment on it. Mr. Don Lapsinger, representing a group called Vanguard of Christ the King, stated this is not about the gay condition, it is about gay behavior. The proposed ordinance is in violation of the principal of equality because it singles out special treatment and special protection under the law, which gives homosexuals more equality than non-homosexuals. He stated all supporters of this ordinance are also in support of same sex marriage in the name of equality and this ordinance is just a stepping stone to recognizing same sex marriage. Ms. Briella Lombardini stated because of what she does in the privacy of her own home, she might be prevented from getting a job that she might love. She stated under the equal protection clause of the 14th Amendment, she, as a woman, an Italian American and a citizen of the United States, needs to be protected equally. She hopes the Council can see the value in this ordinance. Mr. Douglas Curd, a new resident of Sterling Heights, opposes the ordinance. He drew attention to a statement in the ordinance that states no Regular City Council Meeting Tuesday, June 17, 2014 Page 8 person shall be discriminated against because of their actual or perceived race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation, or gender identity. He asked that Council please note that one of those protected categories is religion and if this ordinance passes, the City will actively discriminate against Christians. He believes this ordinance violates its own intent. Mr. Adam Bernard pointed out 32 cities in Michigan have some sort of protection for the LGBT individuals and none of those cities have experienced the problems that people are discussing. He stated this ordinance is about being fired for being gay. It is not about being protected for doing illegal things. He asked that he not be forced to live by someone else's religious beliefs. Ms. Senna Elias believes we cannot legislate every protection for every particular incident. The City is not discriminating against these people. She discussed equality in pay and jobs. Ms. Elias stated the ordinance will provide an opportunity for children in schools to be taught LGBT lifestyles and parents might not have that information available to them to protect their children. She stated if Council moves forward with this ordinance, they will be persecuting the Church and the people of faith. Ms. Tracy Davis, Co-chair of 1 Sterling Heights and a member of the Sterling Heights Fire Department, urges the City Council to support the important bipartisan civil rights non-discriminatory ordinance. She stated people are divided by fear of discrimination, fear of public laws and fear of hatred. Ms. Davis feels the goal of this ordinance is inclusion and Regular City Council Meeting Tuesday, June 17, 2014 Page 9 equality. It does not give any special privileges; it just lets people be who they are. Mr. Todd Sanders questioned the premise that LGBT's are born that way. He referenced the American Journal of Psychology study headed by Harvard University regarding twins and any genetic predisposition. He stated there is no Christian influence or Christian-biased organizations conducting the study. Mr. Nate Shannon, Co-chair of 1 Sterling Heights, stated the Council has an opportunity to show the rest of the state that Sterling Heights is willing to make tough decisions in the face of opposition. He stated we can no longer ignore the gaping hole in the Elliot-Larsen Civil Rights Act that does not cover people's civil rights in the LGBT community. Mr. Roger Lonsaway is opposed to the proposed ordinance. He stated the granting of special rights to one group of citizens diminishes the rights of other citizens. He is concerned that unethical members of the LGBT community might use the proposed legal shield as a club to punish Sterling Heights' residents that they might have a grudge against. Colleen is a member of 1 Sterling Heights coalition and a partner to one of the firefighters in the City. She stated the Fire Department hires people that come from all different backgrounds and they know and understand what religious freedom is. She believes religion cannot govern the law, just as the government cannot control the Church tradition. Colleen urged the City Council to pass this ordinance, not to set an example of what the opposition calls a failing society, but one who continues to stay true to what this country champions - liberty and justice for all. Regular City Council Meeting Tuesday, June 17, 2014 Page 10 Mr. Roy Colt is opposed to the ordinance. He stated he read it and has some issues with the exemptions because they do not protect Christian rights. Under Section 25-11(A), it does not protect religious organizations that lease property to provide temporary housing for homeless people, unless the people housed are all members of that denomination. He went on to state Section 25-11(B) talks about the owner of an owner-occupied, one-family or two-family dwelling and says they would have to own the facility in order to provide those services and qualify under that exemption. He believes the exemptions need to be studied more closely. Mr. Colt stated in regard to Section 25.12(D), there is no time limit for the City Manager or his designated official to complete their investigation. Ms. Sona Avelian supports the ordinance. She is a U.S. Marine that served six combat tours in Iraq and Afghanistan. Ms. Avelian struggles to find work because of the prejudices. She asked the City Council to support freedom and equality so she can work. Mr. Darren O'Brien wanted to alert the Council to his family's strong opposition to the non-discriminatory ordinance that is before the Council to be voted on. He stated people from the LGBT community face challenges related to their own personal discovery of who they are and acceptance of themselves. He pointed out according to the 2010 Census, same sex individuals have generally a higher than average household income than both married opposite sex and non-married opposite sex households. They do not differ significantly from any of the other groups in terms of education, employment, home ownership or residential stability. Regular City Council Meeting Tuesday, June 17, 2014 Page 11 Ms. Joanna Hill spoke in favor of the ordinance and stated there is a lot of discrimination. She believes people need to accept the gender that is on a person's birth certificate and on their driver's license. Mr. Adam Giroux is opposed to this ordinance. He stated it is because he believes the laws are already in place to protect people. This ordinance will not protect or change anything; it is only random movement. He stated there is no such thing as absolute equality. All people have the right to be different. Ms. Michelle Fox Phillips stated we are here to talk about human rights and civil rights. She has been discriminated against and it doesn't feel good. She believes discrimination comes into play because a person cannot change their gender marker. Ms. Phillips stated this ordinance does not discriminate against religion and everyone has a right to freedom of speech. She urged the Council to pass this ordinance. Ms. Sharon Gill stated the Elliot-Larsen Civil Rights Act was looked at and it was decided that there was a loophole in it. She believes loopholes are in place to provide an opportunity for imperfect laws to have an easy escape from the many situations that are not so easily legislated. Ms. Gill stated the strongest point of the Elliot-Larsen Civil Rights Act is the loophole the Council is so determined to close. She believes this is a dangerous piece of legislation, which encroaches on civil liberties. Rev. Deb Dysert, Pastor of Metropolitan Community Church of Detroit, located in Ferndale, believes that some people just want to have the same rights as other people. She stated it's time to bring it back to the basics. Regular City Council Meeting Tuesday, June 17, 2014 Page 12 People need to stop hiding behind a God or religious argument because that is not what the fear is. This issue is only about human rights. Ms. Traci Lee, representing the Alliance Defending Freedom, stated this extremely harmful ordinance, if passed, forces businesses and citizens of faith in all backgrounds to choose between their conscious and sincerely held religious beliefs or face fines or be sued. The proposed amendment does not provide for or consider the safety of women and children in restrooms. The ordinance violates the first amendment of the Constitution by being vague and over broad. Mayor Notte called a five (5) minute recess at 10:35 p.m. Mayor Notte reconvened the meeting at 10:43 p.m. The following persons spoke: Ms. Marie Murphy spoke in favor of the ordinance, stating the time has come. She stated no one will hurt anyone by helping this community. These people just want to live their lives like everyone else. Mr. Patrick Visger stated the City wants to insure that there are no barriers for people to obtain work or a place to live. He believes a better balance might be arrived at when it comes to the consideration from the many faith-filled organizations and churches who call Sterling Heights their home. The ordinance as proposed puts a burden on the Churches to succeed in fulfilling its faith mission. It limits exclusions to restrictions of employment opportunities for Churches to the officials of the corporations, to religious institutions and clergy only. He asked the City Council to research the Traverse City ordinance, as it makes exceptions for Churches. Regular City Council Meeting Tuesday, June 17, 2014 Page 13 Mr. Geoff Gariepy spoke in favor of the ordinance. He believes in the premise that government exists to protect the freedoms of all of us and it is time that the LGBT community gets the same protection that we all enjoy. Mr. Gariepy stated this is the right thing for us to do. He stated we would be hard-pressed to find examples in American history where giving freedom or granting civil right or helping out any oppressed group didn't work out. This is because we are Americans and freedom is in our collective DNA. Mr. Dominic Bologna expressed his fear for his grandchildren and the fact that we are sending the wrong message to our children and grandchildren. He talked about integrity of the vow when a person gets married. He urged the City Council to reconsider this ordinance and think about the children and what we are doing to them. Mr. Conway Recht spoke in favor of the ordinance. He believes it includes all sexual orientations. He stated 40% of homeless youth are LGBT. Mr. Recht stated people have a right to be open with who they are. He urged the City Council to pass the ordinance. Mr. Keith Farris appreciates the firefighter and what she does every day. He only cares about the fact that she does the best job she can for the City. Mr. Farris believes there is an undue burden that could be put on all the schools with respect to employment and he cautions the City Council to think about the schools also. Mr. Yanis spoke in support of the ordinance and asked the City Council to support it. He stated Michigan is a welcoming state and Sterling Heights is a welcoming City. He pointed out Sterling Heights is home to a great Regular City Council Meeting Tuesday, June 17, 2014 Page 14 mix of people from all races, religious beliefs, ethnicities and national origins and this great mix of people live here because Sterling Heights offers some of the best amenities. Mr. Yanis believes the LGBT community deserves the same rights as we do to live the American dream. Ms. Sandy Detz pointed out the fight is really about moral or immoral behavior and not about hate. The separation of Church and state has been bad vs. good. The state needs the Churches and we need to do a better job as a Church in recognizing all people. This ordinance says it is ok to live the way you want, but the Church is not saying it. Mr. Don Cavanaugh pointed out people do not just choose to be gay. He made reference to something he read about an Oklahoma GOP Tea Party candidate and quotes regarding gays. Mr. Cavanaugh discussed the anti- gay quotes in the Bible. He asks the Council to support this truth, justice and American way. Mr. Steve Duncan urged the Council to vote against this ordinance. He stated this is his home and when something comes into his home that is not attractive, it is important to talk about it. He believes they are two ways of family life - to produce children or not produce children. He pointed out the Constitution is based on the ten Commandments of God and open to everyone. Moved by Taylor, seconded by Skrzyniarz, RESOLVED, to adopt the ordinance amending Chapter 25 of the City Code by adding Article I to prohibit discrimination in housing, employment and public accommodations. Councilman Taylor understands a religious person's arguments against this ordinance, but he believes they are missing the true meaning. He addressed some Regular City Council Meeting Tuesday, June 17, 2014 Page 15 of the comments that were made and stated this is an ordinance that will apply equally to all people. This is not about special rights; this is treating everyone equally based on sexual orientation and this ordinance will apply to everyone equally. He stated he heard appeals to religious person's conscience, but this ordinance is nothing new. Councilman Taylor appealed to his colleagues on the City Council to approve this ordinance because it is a step in the right direction. It is not an infringement on their religious freedom. He stated there was an individual, Patrick Visger, who discussed some language he wanted to see in Section 25-11, subsection (A) and he would be comfortable adding that language, which is from the Traverse City ordinance. Councilman Skrzyniarz pointed out from the opposition side, he heard that people are afraid and there is nothing to be afraid of. He stated you cannot let truth get in the way of reality. Councilman Skrzyniarz stated it is important that people read the ordinance. He pointed out the ordinance says that bathrooms are exempted and we all want safe bathrooms. On the topic of religious freedom, this does not allow anyone to discriminate against anyone else. He supports this ordinance because of his religion and not in spite of it. He pointed out we cannot deny a person's basic civil liberties because of a person's personal beliefs. He stated we are one community, one Sterling Heights and this is a giant step for our City. Mayor Notte stated it is almost 12:00 and we have to vote on this issue, have communications from citizens, consider the labor agreements and the consent agenda. He asked that a motion be made to extend the meeting. Moved by Ziarko, seconded by Schmidt, RESOLVED, to extend the meeting for 45 minutes to allow time to finish this issue and the remainder of the agenda. Yes: All. The motion carried. Regular City Council Meeting Tuesday, June 17, 2014 Page 16 Councilwoman Ziarko stated her first thought on this issue was that it didn't belong at the City Council table and that it should be at the state level. She believes that it is common sense for all people to be treated equally. Councilwoman Ziarko discussed the fact that people expressed fear about this ordinance and she is not going to let fear stop her tonight. She pointed out the City combined the best of all the ordinances to make up this ordinance. She will support the ordinance on the floor. Councilwoman Ziarko stated we need to start putting pressure on the state to do something at the state level. Councilwoman Schmidt also believes this belongs at the state or federal level. She pointed out the process on this was pretty quick and she really struggled with her decision. Councilman Schmidt decided to err on the side of protection, as opposed to exclusion. She doesn't believe that this ordinance will make this City any less safe or less private as people have mentioned. This City has prided itself on cultural diversity. She stated if this passes tonight, every resident in the City will still have the right to their religious beliefs and religious freedoms. Councilwoman Schmidt pointed out the schools have had discussions about gender identity problems and how their experience could be made as comfortable as everyone else. She asked Councilman Taylor to include the language from the Traverse City ordinance and stated House of God should be able to have employees in their home that are of the same beliefs they are. Councilwoman Koski also believes this should be handled at the state level. She pointed out she worked in the service industry for over fifty years and has never discriminated against anyone. Councilwoman Koski has a problem with some of the wording in the ordinance and asked Councilman Taylor to do his job and get Section 25-11 (A) and (B) straightened out if he wants her support. She asked Regular City Council Meeting Tuesday, June 17, 2014 Page 17 Mr. Bahorski to address a comment made about a woman not being able to bring her male child into a shelter for women. Also, in regard to the time limit for a complaint filed with the City Manager. Mr. Bahorski responded in terms of discrimination, there were a couple of examples brought up saying that religious organizations would not be able to offer their full range of services. Under the ordinance as drafted, it requires discrimination to generate a complaint. Offering to help someone would not constitute discrimination. He pointed out the ordinance does provide there would be administrative guidelines promulgated by the City Manager. The time limit for the investigation can be taken into consideration through those administrative rules. Mr. DeNault added that it was intentionally left up to the administrative guidelines for each individual investigation because every incident is different. The City Manager could incorporate the flexibility to the process. Councilman Romano apologized to the people that he didn't respond to who sent him emails. He wanted everyone to know he grew up under the old rules and he is who he is and people know what he stands for. Councilman Romano responded to the people who said that he voted no on the ordinance introduction, he voted no because he wanted more information. He has received more information and now he is ready to vote on the issue. Councilman Romano believes this ordinance comes down to "What would Jesus do?" If Pope Francis were sitting here, what would He say? Mayor Notte pointed out there are no laws to protect discrimination based on sexual orientation or gender identity. There is no federal or state law that does that. He stated there are over 30 communities that have similar ordinances and Regular City Council Meeting Tuesday, June 17, 2014 Page 18 we studied all of them and took the best of them. Mayor Notte pointed out 10% of the City's population is of the LGBT community and that is quite a bit. This ordinance will not affect 90% of the people and no change will be made for them. He pointed out we are all human beings and it is government's responsibility to protect all people's rights. He stated this is the right thing to do for this City and it will push the state and federal governments to do something. Councilman Taylor wanted an assurance that if he makes this amendment tonight it will amend the motion on the floor and then Council can adopt the ordinance as amended. Mr. Bahorski clarified if the motion is made, seconded and passed then the motion on the floor, the main motion, will stand as amended. Moved by Taylor, seconded by Skrzyniarz, RESOLVED, to amend Section 25- 11(A), to include the following language: It is also permissible for a religious organization to restrict employment opportunities, educational facilities, housing facilities and homeless shelters or dormitories that are operated as a direct part of its religious activities to persons who are members or who conform to the moral tenants of that religious organization. Councilman Taylor believes this amendment would address Councilwoman Koski's concerns and the concerns that some of the clergy and other members of the religious have voiced. Roll call vote on the amendment: Yes: Taylor, Skrzyniarz, Koski, Notte, Romano, Schmidt, Ziarko. The motion carried. Roll call vote on motion to adopt the ordinance as amended: Yes: Taylor, Skrzyniarz, Notte, Romano, Schmidt, Ziarko, Koski. Regular City Council Meeting Tuesday, June 17, 2014 Page 19 The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Sergio Vargo - Agenda meeting rules and people's right to speak. Mr. Charles Jefferson - Against changing the time limit for citizen communications; Urge residents to attend City Council meetings. 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 June 3, 2014, as presented. B. To approve the bills as presented: General Fund - $747,443.92, Water & Sewer Fund - $2,109,856.81, Other Funds - $846,484.09, Total Checks - $3,703,784.82. C. RESOLVED, to award the bid for rental of tents, tables, chairs and accessories for city events to American Rentals, Inc., 4901 W. Grand River Ave., Lansing, MI 48906, at unit prices bid for one year and authorize the City Manager to exercise the option to extend the bid term one year on the same terms and conditions. D. RESOLVED, to purchase library books through the Suburban Library Cooperative, 44750 Delco Blvd., Sterling Heights, MI 48313, for fiscal year 2014/2015 in the amount of $90,000. E. RESOLVED, to award the bid for tree branch/brush chipping services to Wonsey Tree Service, Inc., PO Box 1142, Alma, MI 48801 through December 31, 2014 based on unit prices bid and authorize a budget amendment in the amount of $14,997 from Local Road Fund reserves. Regular City Council Meeting Tuesday, June 17, 2014 Page 20 F. RESOLVED, to approve the Legal Services Agreement between the City of Sterling Heights and Keller Thoma, P.C. for special legal counsel services - labor law and authorize the Mayor and City Clerk to sign it on behalf of the City. G. RESOLVED, to approve the Administrative Services Contract with Blue Cross Blue Shield of Michigan for the period July 1, 2014 through June 30, 2015, with monthly fees of $51.57 per employee/retiree contract for claim administration and $34.43 per employee/retiree contract for specific stop loss insurance at a $250,000 self-insured retention for the self-insured health care benefits plan, and authorize the Mayor and City Clerk to sign all documents required in conjunction with this approval, upon review and approval by the City Attorney. H. RESOLVED, to purchase life, accidental death and dismemberment, and long-term disability insurance from Reliance Standard Life Insurance Company for the policy period of July1, 2014 through June 30, 2016 at the following monthly rates: Employee and Retiree Life Insurance - $0.12 per $1,000 of coverage Employee Accidental Death & Dismemberment Insurance - $0.02 per $1,000 of coverage Employee Long-Term Disability Insurance - $0.23 per $100 of covered payroll I. RESOLVED, to approve the Master Agreement for Municipal Street Lighting between DTE Energy and the City of Sterling Heights to convert 206 lighting fixtures to LED technology at a total cost of $60,742, authorize the City Manager to execute the Agreement on behalf of the Regular City Council Meeting Tuesday, June 17, 2014 Page 21 City, and authorize a budget amendment from Capital Projects Reserve Fund in the amount of $12,742. Yes: All. The motion carried. CONSIDERATION Mr. Vanderpool made a presentation explaining the terms of the collective bargaining agreements between the City of Sterling Heights and Teamsters Local 214 representing the Department of Public Works Field Employees and the collective bargaining agreement between the City of Sterling Heights and AFSCME Local 1917 Department of Public Works Supervisory Employees for the period of July 1, 2014 to June 30, 2017. He explained the membership will receive wage increases in accordance with the following schedule: Fiscal Year 2014/15, a lump sum bonus of 1% of salary; Fiscal Year 2015/16, a 1.5% wage increase, Fiscal Year 2016/17, a 1.0% wage increase. He further explained that 4 unpaid holidays and 4 unpaid furlough days would be restored. New full-time employees would no longer be granted or credited with separate banks of time for vacation and sick/personal days. Instead, new employees will be allotted Paid Time Off (PTO) on their anniversary date. New full-time employees will be paid 10% (versus 15% under the expiring CBA) less than the current wage rates. In addition, these new hires will earn equivalent wages to existing employees through step increases occurring over a five-year period. Pension benefits, medical coverages, retiree medical coverages and longevity payments all remain at the levels provided under the expiring CBA. Defined Benefit Pension Benefits for new members of the AFSCME Local 1917 DPW Supervisory Employees who already participate in the defined benefit pension plan, will have their multiplier reduced from 2.15% to 2.0% for service earned going forward. Regular City Council Meeting Tuesday, June 17, 2014 Page 22 4. Moved by Ziarko, seconded by Schmidt, RESOLVED, to approve the collective bargaining agreement and memorandum of understanding between the City of Sterling Heights and Teamsters Local 214 Department of Public Works Field Unit Employees for the period of July 1, 2014 through June 30, 2017 and authorize the Mayor and City Clerk to sign all documents in conjunction with this approval. Yes: All. The motion carried. 5. Moved by Schmidt, seconded by Romano, RESOLVED, to approve the collective bargaining agreement and memorandum of understanding between the City of Sterling Heights and AFSCME Local 1917 DPW Supervisory Employees for the period of July 1, 2014 through June 30, 2017 and authorize the Mayor and City Clerk to sign all documents in conjunction with this approval. Councilman Romano thanked all the employees for their cooperation and Mr. Vanderpool and his committee for the job they did. Mr. Vanderpool highlighted the good work of the City Attorney and Human Resources Director Walt Blessed, as well as the cooperation and support from the union leadership. Yes: All. The motion carried. 6. Moved by Ziarko, seconded by Romano, RESOLVED, to postpone appointments to City of Sterling Heights boards and commission to the next regular scheduled City Council meeting. Yes: All. The motion carried. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There were no reports at this time. ADJOURN Moved by Ziarko, seconded by Schmidt, to adjourn the meeting. Regular City Council Meeting Tuesday, June 17, 2014 Page 23 Yes: All. The motion carried. The meeting was adjourned at 12:30 a.m. MARK CARUFEL, City Clerk