City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, AUGUST 19, 2014 IN CITY HALL Mayor Pro Tem Michael C. Taylor called the meeting to order at 7:30 p.m. Mayor Pro Tem Taylor led the Pledge of Allegiance to the Flag and Mark Carufel, City Clerk, gave the Invocation. Council Members present at roll call: Deanna Koski, Joseph V. Romano, Maria G. Schmidt, Doug Skrzyniarz, Michael C. Taylor, Barbara A. Ziarko. Council Member absent: Richard J. Notte. 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 with the addition of a blue sheet Memorandum of Understanding for Consideration Item 3. Yes: Koski, Romano, Schmidt, Skrzyniarz, Taylor, Ziarko. Absent: Notte. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported on the flooding problems that occurred in the City of Sterling Heights last Monday and Tuesday and the steps taken in response to the flooding issues. He thanked everyone that participated in the rescue and restoration efforts and pointed out FEMA is beginning to process claims. He advised the residents and businesses to Regular City Council Meeting Tuesday, August 19, 2014 Page 2 keep accurate receipts on clean up and restoration and to fill out the online form for damage claims. Mr. Vanderpool pointed out there were no failures in the City storm system due to the proactive emergency response and well designed storm sewer system. Mr. Vanderpool reported this Thursday at 1:00 pm an important dedication will be taking place at the banks of the Clinton River to dedicate Sterling Height's brand new paddle landing site. He stated they are working with the Clinton River Watershed Council, Macomb County Public Works and Sterling Heights Public Works Department to unclog a few more of the obstructions in the Clinton River. Mayor Pro Tem Taylor recognized the first responders, police, fire and DPW workers who assisted the residents during the recent flooding and encouraged residents to thank them if they see them in their neighborhoods or on the streets. ORDINANCE ADOPTION 1. Mr. Jeff Norgrove expressed concern with safeguards for residents that have weapons in their homes and young children. Mr. Paul Smith spoke against the adoption of this ordinance governing marijuana and drug paraphernalia and expressed concern with the legalization of marijuana and the ease of obtaining it. Mayor Pro Tem Taylor pointed out this ordinance is not legalizing marijuana; it is an ordinance to make people who grow marijuana register with the City. Moved by Skrzyniarz, seconded by Romano, RESOLVED, to adopt the ordinance amending Chapter 35 of the City Code to conform with state laws and regulations Regular City Council Meeting Tuesday, August 19, 2014 Page 3 governing marijuana and drug paraphernalia and to implement local regulations governing medical marijuana. Councilman Skrzyniarz pointed out the whole issue of medical marijuana was decided in the ballot process by the residents of Sterling Heights. The residents voted to support accessibility to medical marijuana. This ordinance only strengthens the current law that exists statewide as a result of that referendum. Councilman Romano asked Mr. DeNault to address the resident's concern regarding weapons in a home that is licensed to grow medical marijuana and how the City would enforce that. He also inquired about the legal ramifications if a person is caught selling marijuana to persons other than those they are allowed to provide medical marijuana to. Mr. DeNault responded there are no regulations on firearms in the medical marijuana law that was passed by the voters. If a person is a qualified caregiver or grower, there are no restrictions on weapons. The medical marijuana act provides that the marijuana be kept in a closed locked facility. The only enforcement they have is when a complaint is made and that is with or without this ordinance. CITY OF STERLING HEIGHTS MACOMB COUNTY, MICHIGAN ORDINANCE NO. 436 AN ORDINANCE TO AMEND ARTICLE III AND ARTICLE IV OF CHAPTER 35 OF THE CITY CODE TO CONFORM WITH STATE LAWS Regular City Council Meeting Tuesday, August 19, 2014 Page 4 AND REGULATIONS GOVERNING MARIJUANA AND DRUG PARAPHERNALIA THE CITY OF STERLING HEIGHTS ORDAINS: SECTION 1. Article III of Chapter 35 of the City Code shall be amended to read as follows: ARTICLE III. DRUG PARAPHERNALIA 35-50. PURPOSE. To promote the public health, safety, and general welfare of the City of Sterling Heights by regulating the possession and sale of certain paraphernalia designed to facilitate the unlawful use or administration of controlled substances. 35-51. DEFINITION OF DRUG PARAPHERNALIA. (A) Drug paraphernalia means all equipment, products, and materials of any kind which are or have been used, intended for use, or designed for use, in planting; propagating; cultivating; growing; harvesting; manufacturing; compounding; converting; producing; processing; preparing; testing; analyzing; packaging; repackaging; storing; containing; concealing; injecting, ingesting, inhaling, or otherwise introducing into the human body, a controlled substance; including, but not limited to, all of the following: (1) An isomerization device specifically designed for use in increasing the potency of any species of plant which plant is a controlled substance. (2) Testing equipment specifically designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance. (3) A weight scale or balance specifically designed for use in weighing or measuring a controlled substance. (4) A diluent or adulterant, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose, and lactose, specifically designed for use with a controlled substance. (5) A separation gin or sifter specifically designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana. Regular City Council Meeting Tuesday, August 19, 2014 Page 5 (6) An object specifically designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body. (7) A kit specifically designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived. (8) A kit specifically designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances. (9) A device, commonly known as a cocaine kit, that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body, and which consists of at least a razor blade and a mirror. (10) A device, commonly known as a bullet, that is specifically designed to deliver a measured amount of controlled substances to the user. (11) A device, commonly known as a snorter, that is specifically designed to carry a small amount of controlled substances to the user's nose. (12) A device, commonly known as an automotive safe, that is specifically designed to carry and conceal a controlled substance in an automobile, including, but not limited to, a can used for brake fluid, oil, or carburetor cleaner which contains a compartment for carrying and concealing controlled substances. (13) A spoon, with or without a chain attached, that has a small diameter bowl and that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body. (B) In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use; (2) The proximity of the object, in time and space, to a direct violation of laws and ordinances relating to controlled substances; (3) The proximity of the object to controlled substances; (4) The existence of any residue of controlled substances on the object; (5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object to deliver it to persons whom he or she knows intend to use the object to facilitate a Regular City Council Meeting Tuesday, August 19, 2014 Page 6 violation of this section; the innocence of an owner or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia; (6) Instructions, oral or written provided with the object concerning its use; (7) Descriptive materials accompanying the object which explain or depict its use; (8) National and local advertising concerning its use; (9) The manner in which the object is displayed for sale; (10) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise; (11) The existence and scope of legitimate uses for the object in the community; (12) Expert testimony concerning its use; (13) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (14) Prior violations by an owner, or by anyone in control of the object, of any law or ordinance relating to controlled substances; and (15) Positive tests revealing the current or former presence of controlled substances in the body of the owner or person with possession or control of the object. Statutory reference: Similar definition of drug paraphernalia, see MCL 333.7451 35-52. UNLAWFUL POSSESSION AND SALE OF PARAPHERNALIA; EXCEPTIONS. (A) It is unlawful for any person to possess drug paraphernalia. (B) A person shall not sell or offer for sale drug paraphernalia, knowing that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. This subsection does not apply to any of the following: Regular City Council Meeting Tuesday, August 19, 2014 Page 7 (1) An object sold or offered for sale to a person licensed under article 15 of the Public Health Code or under the occupational code, 1980 PA 299, MCL 339.101 to 339.2721, or any intern, trainee, apprentice, or assistant in a profession licensed under article 15 of the Public Health Code or under the occupational code, 1980 PA 299, MCL 339.101 to 339.2721, for use in that profession. (2) An object sold or offered for sale to any hospital, sanitarium, clinical laboratory, or other health care institution including a penal, correctional, or juvenile detention facility for use in that institution. (3) An object sold or offered for sale to a dealer in medical, dental, surgical, or pharmaceutical supplies. (4) A blender, bowl, container, spoon, or mixing device not specifically designed for a use described in subsection (c). (5) A hypodermic syringe or needle sold or offered for sale for the purpose of injecting or otherwise treating livestock or other animals. (6) An object sold, offered for sale, or given away by a state or local governmental agency or by a person specifically authorized by a state or local governmental agency to prevent the transmission of infectious agents. (7) To the extent of the permitted conduct only, this section does not apply to any person or entity who is licensed or otherwise permitted by law to manufacture, use, possess, prescribe, dispense, distribute, conduct research with respect to, or administer a controlled substance in the normal course of their respective businesses or professions, if such actions are taken in the normal course; nor to common carriers or warehousers or their employees engaged in the lawful transportation of the paraphernalia, nor to public officers or employees while engaged in the performance of their official duties, nor to persons suffering from asthma, diabetes, or other medical conditions requiring introduction of a controlled substance into the human body by self-injection. (C) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both. Any drug paraphernalia used, sold, possessed with intent to use or sell, or manufactured with intent to sell in violation of this section shall be seized and forfeited. Statutory references: Paraphernalia sales, see MCL 333.7453 Exceptions, see MCL 333.7457 Regular City Council Meeting Tuesday, August 19, 2014 Page 8 35-53-35-63. RESERVED. SECTION 2. Article IV of Chapter 35 of the City Code shall be amended to read as follows: ARTICLE IV. MARIJUANA 35-64. DEFINED. As used in this article, MARIJUANA means all parts of the plant Cannabis sativa L., growing or not growing, the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination. Statutory reference: Definition, see MCL 333.7106 35-65. POSSESSION AND USE OF MARIJUANA AND CONTROLLED SUBSTANCES; PROHIBITIONS; PENALTIES. (A) A person shall not possess marijuana except as authorized by law. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. (B) A person shall not use marijuana except as authorized by law. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both. Statutory references: Possession, see MCL 333.7403 Use, see MCL 333.7404 35-66. PROBATION WITHOUT JUDGMENT OF GUILT; DISCHARGE AND DISMISSAL; INSTRUCTION OR PROGRAM ON DRUG MISUSE. Regular City Council Meeting Tuesday, August 19, 2014 Page 9 (A) When an individual who has not previously been convicted of an offense under Article III or this article, or under any statute of the United States or of any state relating to narcotic drugs, coca leaves, marijuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession or use of a controlled substance under this article, the court, without entering a judgment of guilt with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions that shall include, but are not limited to, payment of a probation supervision fee as prescribed in section 3c of chapter XI of the state code of criminal procedure, 1927 PA 175, MCL 771.3c. The terms and conditions of probation may include participation in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1084. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and, except as otherwise provided by law, is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. There may be only 1 discharge and dismissal under this section as to an individual. (B) All court proceedings under this section shall be open to the public. Except as provided in subsection (e), if the record of proceedings as to the defendant is deferred under this section, the record of proceedings during the period of deferral shall be closed to public inspection. (C) Unless the court enters a judgment of guilt under this section, the department of state police shall retain a nonpublic record of the arrest, court proceedings, and disposition of the criminal charge under this section. However, the nonpublic record shall be open to the following individuals and entities for the purposes noted: (1) The courts of this state, law enforcement personnel, the department of corrections, and prosecuting attorneys for use only in the performance of their duties or to determine whether an employee of the court, law enforcement agency, department of corrections, or prosecutor's office has violated his or her conditions of employment or whether an applicant meets criteria for employment with the court, law enforcement agency, department of corrections, or prosecutor's office. (2) The courts of this state, law enforcement personnel, and prosecuting attorneys for the purpose of showing either of the following: (a) That a defendant has already once availed himself or herself of this section or the corresponding state law. (b) Determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(5) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076. Regular City Council Meeting Tuesday, August 19, 2014 Page 10 (3) The department of human services for enforcing child protection laws and vulnerable adult protection laws or ascertaining the preemployment criminal history of any individual who will be engaged in the enforcement of child protection laws or vulnerable adult protection laws. (D) If an individual is convicted of a violation of Article III or this article, the court as part of the sentence, during the period of confinement or the period of probation, or both, may require the individual to attend a course of instruction or rehabilitation program approved by the state on the medical, psychological, and social effects of the misuse of drugs. The court may order the individual to pay a fee for the instruction or program. Failure to complete the instruction or program shall be considered a violation of the terms of probation. Statutory reference: Deferral of proceedings, see MCL 333.7411 35-67. MEDICAL MARIJUANA. (A) Individuals who are “qualifying patients” or “primary caregivers” as those terms are used in the Michigan Medical Marihuana Act shall comply with the requirements set forth in the Act and the requirements set forth herein. (B) The term “enclosed, locked facility” means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marijuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the state registration process as the primary caregiver for the registered qualifying patient or patients for whom the marijuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle if both of the following conditions are met: (1) The vehicle is being used temporarily to transport living marijuana plants from 1 location to another with the intent to permanently retain those plants at the second location. Regular City Council Meeting Tuesday, August 19, 2014 Page 11 (2) An individual is not inside the vehicle unless he or she is either the registered qualifying patient to whom the living marijuana plants belong or the individual designated through the departmental registration process as the primary caregiver for the registered qualifying patient. (C) A person who has been issued and possesses a lawful registry identification card as a qualifying patient as set forth in the Act shall comply with the following requirements: (1) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty for the medical use of marijuana in accordance with state law, provided that the qualifying patient possesses an amount of marijuana that does not exceed 2.5 ounces of usable marijuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marijuana for the qualifying patient, 12 marijuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed and shall not be included in this amount. The privilege from arrest under this subsection applies only if the qualifying patient presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the qualifying patient. (2) A qualifying patient may grow and process medical marijuana in compliance with the Act in one enclosed, locked facility within or upon an owner- occupied, detached single-family residential dwelling/premises where the qualifying patient lives and which is the qualifying patient’s residence pursuant to Michigan law, or in another location specifically permitted by law or ordinance, so that growing and processing does not occur in multiple locations. (3) Storage of medical marijuana by a qualifying patient shall only occur within one enclosed, locked facility at the primary residence of the qualifying patient or in another location specifically permitted by law or ordinance so that storage does not occur in multiple locations. (4) No person other than the qualifying patient shall be engaged or involved in the growing, processing, or handling of medical marijuana, except as permitted by law or ordinance for primary caregivers. (5) Use of the qualifying patient’s residential dwelling for medical marijuana related purposes shall be clearly incidental and subordinate to its use for single-family residential purposes. Not more than 25% of the gross finished floor area of the dwelling or 200 square feet of floor area of the dwelling, whichever is less, shall be used for the growing, processing, and handling of medical marijuana. Any modifications to the dwelling made for the purpose of cultivating medical marijuana shall comply with all applicable building, electrical, mechanical, and fire safety code requirements, including Regular City Council Meeting Tuesday, August 19, 2014 Page 12 all requisite permit applications and related inspections. No part of an accessory building, detached garage, pole barn, or similar building or structure shall be used for the growing, processing, or distribution of medical marijuana unless such building or structure has been inspected and approved for the building, electrical, mechanical, and fire safety requirements of such use and fits the definition of an enclosed, locked facility. (6) A qualifying patient may possess on his or her person and under the qualifying patient’s exclusive control an amount of medical marijuana deemed medically necessary to alleviate the condition that gave rise to the qualifying patient’s registration with the state. (7) Should a qualifying patient wish to dispose of any usable marijuana as defined in the Act, the usable marijuana shall be removed by a commercial drug disposal carrier registered with the United States Drug Enforcement Administration and/or the state for proper disposal in a manner prescribed by law and regulation. Under no circumstance shall a qualifying patient dispose of any usable marijuana through a regular garbage receptacle, public waste retrieval service, public sewer system, or by burning. Unusable material and paraphernalia relating to medical marijuana may be discarded with other household waste for pickup by the public waste retrieval service, but shall be securely within a proper garbage bag or other receptacle and shall not be visible or exposed at any time prior to retrieval by the service. (8) There shall be no visible change to the outside appearance of the qualifying patient’s residential property or other visible evidence of the conduct of the medical marijuana operation occurring on the property. (9) No marijuana, marijuana plants, marijuana paraphernalia, or plant growing apparatus shall be visible from the exterior of the dwelling. (10) No sign in the form of a device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying a particular dwelling or property as being associated with the use or cultivation of medical marijuana or marijuana in general shall be visible from any location outside of the residential dwelling. (11) No equipment or process shall be used in growing, processing, or handling medical marijuana which creates noise, vibration, glare, light, fumes, odors, or electrical interference detectable to the normal senses at or beyond the property line of the qualifying patient’s residential property. In case of electrical interference, no equipment or process shall be used which creates visual or audible interference with any radio, television, or similar receiver off the premises or causes fluctuation of line voltage off the premises. Regular City Council Meeting Tuesday, August 19, 2014 Page 13 (12) The growing, processing, distribution, sale, and handling of medical marijuana shall comply at all times with the Act and any applicable regulations or requirements by the Michigan Department of Community Health or any other Michigan agency. (D) A person who has been issued and possesses a lawful registry identification card as a primary caregiver as set forth in the Act shall comply with the following requirements: (1) A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty for assisting a qualifying patient to whom he or she is connected through the state's registration process with the medical use of marijuana in accordance with state law. The privilege from arrest under this subsection applies only if the primary caregiver presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the primary caregiver. This subsection applies only if the primary caregiver possesses an amount of marijuana that does not exceed: (a) 2.5 ounces of usable marijuana for each qualifying patient to whom he or she is connected through the state's registration process; and (b) for each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marijuana for the qualifying patient, 12 marijuana plants kept in an enclosed, locked facility; and (c) any incidental amount of seeds, stalks, and unusable roots. (2) A primary caregiver may grow and process medical marijuana in compliance with the Act in one enclosed, locked facility within or upon an owner- occupied, detached single-family residential dwelling/premises where the primary caregiver lives and which is the primary caregiver’s residence pursuant to Michigan law, or in another location specifically permitted by law or ordinance, so that growing and processing does not occur in multiple locations. (3) No person other than the primary caregiver shall be engaged or involved in the growing, processing, dispensing, delivery, or handling of marijuana, except to the extent that the primary caregiver lawfully transfers medical marijuana to a qualifying patient to whom the primary caregiver is linked through the state registration system. (4) Use of the primary caregiver’s residential dwelling for medical marijuana related purposes shall be clearly incidental and subordinate to its use for single-family residential purposes. Not more than 25% of the gross finished floor area of the dwelling or 200 square feet of floor area of the dwelling, whichever is less, shall be used for the Regular City Council Meeting Tuesday, August 19, 2014 Page 14 growing, processing, and handling of medical marijuana. Any modifications to the dwelling made for the purpose of cultivating medical marijuana shall comply with all applicable building, electrical, mechanical, and fire safety code requirements, including all requisite permit applications and related inspections. No part of an accessory building, detached garage, pole barn, or similar building or structure shall be used for the growing, processing, or distribution of medical marijuana unless such building or structure has been inspected and approved for the building, electrical, mechanical, and fire safety requirements of such use and fits the definition of an enclosed, locked facility. (5) No qualifying patient shall visit, come to, or be present at the primary caregiver’s residence to purchase, smoke, consume, obtain, or receive possession of any marijuana. Rather, the primary caregiver must personally deliver the marijuana to his/her qualifying patient. No person may deliver medical marijuana to a qualifying patient other than the primary caregiver linked through the state registry system to that qualifying patient. (6) There shall be no visible change to the outside appearance of the primary caregiver’s residential property or other visible evidence of the conduct of the medical marijuana operation occurring on the property. (7) No marijuana, marijuana plants, marijuana paraphernalia, or plant growing apparatus shall be visible from the exterior of the dwelling. (8) No equipment or process shall be used in growing, processing, or handling medical marijuana which creates noise, vibration, glare, light, fumes, odors, or electrical interference detectable to the normal senses at or beyond the property line of the primary caregiver’s residential property. In case of electrical interference, no equipment or process shall be used which creates visual or audible interference with any radio, television, or similar receiver off the premises or causes fluctuation of line voltage off the premises. (9) The growing, processing, distribution, sale, and handling of medical marijuana shall comply at all times with the Act and any applicable regulations or requirements by the Michigan Department of Community Health or any other Michigan agency. (10) All medical marijuana shall be contained within the primary caregiver’s enclosed, locked facility, except when being lawfully delivered by the primary caregiver to a qualifying patient off site or being used by the primary caregiver as a qualifying patient. Manufacturing and storage of medical marijuana shall only be allowed inside one enclosed, locked facility at any given time so that manufacturing and storage does not occur in multiple locations. Regular City Council Meeting Tuesday, August 19, 2014 Page 15 (11) No on-site consumption or smoking of marijuana is allowed on a primary caregiver’s residential property except for any medical marijuana consumption in compliance with the Act by qualifying patients who reside at that location. (12) No sign in the form of a device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying a particular dwelling or property as being associated with the use or cultivation of medical marijuana or marijuana in general shall be visible from any location outside of the residential dwelling. (13) Under no circumstances shall any third parties have access to the enclosed, locked facility where medical marijuana is being manufactured and/or stored. (14) The residential premises upon which a primary caregiver cultivates medical marijuana shall not be a location at which any other commodity, product, or service is also sold, distributed, or otherwise available. It shall be a violation of this section for any person to participate as a primary caregiver in a jointly operated facility where primary caregivers jointly share building space which is used in common to dispense medical marijuana to qualifying patients or assist qualifying patients with the medical use of marijuana. Use “in common,” as that phrase is used in this subdivision, shall include a shared or common reception area or shared or common customer service area. (15) Medical marijuana dispensaries and cooperatives are prohibited. (16) Should a primary caregiver wish to dispose of any usable marijuana as defined in the Act, the usable marijuana shall be removed by a commercial drug disposal carrier registered with the United States Drug Enforcement Administration and/or the state for proper disposal in a manner prescribed by law and regulation. Under no circumstance shall a primary caregiver dispose of any usable marijuana through a regular garbage receptacle, public waste retrieval service, public sewer system, or by burning. Unusable material and paraphernalia relating to medical marijuana may be discarded with other household waste for pickup by the public waste retrieval service, but shall be securely within a proper garbage bag or other receptacle and shall not be visible or exposed at any time prior to retrieval by the service. (E) This section shall not permit any person to do any of the following: (1) Undertake any task under the influence of marijuana, when doing so would constitute negligence or professional malpractice. (2) Possess marijuana, or otherwise engage in the medical use of marijuana: Regular City Council Meeting Tuesday, August 19, 2014 Page 16 (a) in a school bus; (b) on the grounds of any preschool or primary or secondary school; or (c) in any correctional facility. (3) Smoke marijuana: (a) on any form of public transportation; or (b) in any public place. (4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana. (5) Use marijuana if that person does not have a serious or debilitating medical condition. (F) There shall be a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marijuana in accordance with the Act and this section if the qualifying patient or primary caregiver: (1) is in possession of a registry identification card; and (2) is in possession of an amount of marijuana that does not exceed the amount allowed under the Act or this section. The presumption may be rebutted by evidence that conduct related to marijuana was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this section. (G) Fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution shall be a misdemeanor punishable by a fine of $500.00, which shall be in addition to any other penalties that may apply for making a false statement or for the use of marijuana other than use undertaken pursuant to this section or state law. (H) No person shall transport or possess usable marijuana as defined in the Act in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless the useable marijuana is either: (1) Enclosed in a case that is carried in the trunk of the vehicle; or (2) Enclosed in a case that is not readily accessible from the interior of the vehicle in vehicles which do not have a trunk. Regular City Council Meeting Tuesday, August 19, 2014 Page 17 (I) A person who violates subsection (H) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. Statutory References: Medical Marihuana Act, see MCL 333.26421 et seq. Transportation of medical marijuana, see MCL 750.474. 35-68. LOCATION REGISTRATION. (A) Findings. (1) Under the Act, law enforcement officers and City officials are prevented from securing the information necessary to determine whether the cultivation, distribution, and use of marijuana are being conducted lawfully and whether all codes and regulations associated with such activities are being followed. Accordingly, the registration of a particular location as the site of cultivation, which need not undermine the privacy and confidentiality of the patient-caregiver relationship, could be critical to law enforcement and City officials in order to identify and distinguish sites of lawful activity from sites of unlawful and potentially hazardous activity. (2) The experience in the State of California, a state that approved the medical use of marijuana in 1996, is that concentrations of marijuana distribution activity lead to serious secondary effects, including: resales of medical marijuana, sharing of “just- purchased” marijuana, street dealers lurking in neighborhoods to offer a lower price for marijuana to arriving patients, marijuana smoking in public and in front of children in the vicinity of medical marijuana locations, acquiring marihuana and/or money by means of robbery of patients going to or leaving a caregiver’s location, and loitering and an increase in burglaries at or near such locations. (3) Unauthorized installations of plumbing and electrical equipment relating to the cultivation of marijuana plants may create mold conditions and/or a fire risk, or may interfere with neighboring properties and create nuisance conditions in a residential neighborhood. (B) For these reasons, no growing, cultivation, or harvesting of medical marijuana shall be lawful at a location within the City until the location has been registered under this Chapter. (1) Exception: Registration is not required for the principal residence or homestead of a qualifying patient where marijuana is cultivated for such patient’s personal use. Regular City Council Meeting Tuesday, August 19, 2014 Page 18 (C) A registration form shall be submitted to the City Clerk for any location where medical marijuana will be grown, cultivated, harvested, and stored. The registration form shall be in a form approved by the City Clerk and shall require the emergency and non-emergency contact information for the owner of the property and a proxy in the event of the owner’s lack of availability during an emergency. The completed registration form must be accompanied by the following: (1) A photocopy of the current and valid caregiver registry card issued by the State to the person who is permitted to grow, cultivate, harvest, and store medical marijuana and who will be doing so at the registered location. Upon expiration of the card, the registration form shall be updated and a new copy of the renewed card shall be provided to the City Clerk. (2) A floor plan, with dimensions, illustrating the enclosed and locked location in the building where marijuana will be grown, cultivated, harvested, and stored, and detailing the security measures related to that location and the building. (3) Specification of the number of qualifying patients for whom marijuana will or may be grown, cultivated, harvested, and stored. (4) Details regarding electrical, mechanical, plumbing, and any other code- related improvements and installations or facilities that will be used for growing, cultivating, harvesting, and storing the marijuana. (5) Any additional information that the Police Chief, Fire Chief, Building Official, or their designees deems necessary for evaluating code compliance and public safety associated with the proposed growing, cultivating, harvesting, and storing of marijuana at the registered location in the manner proposed in the registration materials. (6) Payment of the registration fee established by the City’s annual appropriations ordinance. (D) All information provided to the City pursuant to this section shall be deemed confidential due to the confidentiality requirements of the Act and shall not be subject to public disclosure unless required by law or court order. (E) Upon submission of all required documents, information, and payment, the individual submitting the form shall be provided with a copy of the requirements of this section relating to medical marijuana. (F) Upon receipt of all required documents, information, and payment, the City Clerk shall circulate the documents and information to the Police Chief, Fire Chief, and Building Official, or their designees, for review. If, after review, the Police Chief, Fire Chief, and/or Regular City Council Meeting Tuesday, August 19, 2014 Page 19 Building Official or their designees require any additional information relating to security measures, fire safety, code compliance, or compliance with this chapter, the property owner shall be advised in writing of the additional information required and the owner shall provide such information before any growing, cultivation, harvesting, or storage of marijuana may occur at the proposed location. (G) When the Police Chief, Fire Chief, and Building Official or their designees have sufficient information about the marijuana operations proposed for the registered property, the police department, fire department, and building department shall each schedule an inspection of the proposed operations unless they advise the City Clerk in writing that no inspection is required. Upon successful completion of all inspections and the issuance of all required permits, the City Clerk shall issue a registration certificate for the property, which shall be prominently and conspicuously displayed on or within the enclosed, locked facility approved during the review process and where medical marijuana will be grown, cultivated, harvested, and/or stored. (H) All marijuana-related uses of the registered property subsequent to issuance of the registration certificate shall be in accordance with the information upon which the reviews and inspections were based, and any material changes to the operations, facilities, or information shall first be reviewed and, if necessary, inspected by the appropriate City official within 14 days of advising the City Clerk of the proposed change. Annual inspections may be scheduled by the City to ensure ongoing code and ordinance compliance. (I) Properties within the City that are being utilized for growing, cultivating, harvesting, and/or storing of medical marijuana on the effective date of this section must file the completed registration form, required information, and payment with the City Clerk within 30 days. (J) Appeals of any code-related compliance deemed necessary by any City official as part of the registration process shall be made to the Board of Code Appeals. However, appeals of any law enforcement security requirements imposed as part of the registration process shall be to a court of competent jurisdiction. (K) A property owner shall not be deemed to have any vested rights or nonconforming use rights that would serve as a basis for failing to comply with the requirements of this chapter. (L) The owner of the property, as identified by the City’s property tax rolls, shall be presumed to be the party responsible for compliance with the registration and regulatory requirements of this chapter. 35-69. NO IMMUNITY. Regular City Council Meeting Tuesday, August 19, 2014 Page 20 (A) The Act authorizes a narrow exception to the prosecution under state laws that otherwise criminalize the cultivation, distribution, possession and use of marijuana. Outside the purview of the Act, the possession and use of marijuana in the State of Michigan remains a misdemeanor offense, and possession with intent to deliver, and delivery and manufacture of marijuana, remain felonies. Marijuana is also classified federally as a Schedule I Drug under the Controlled Substances Act and is illegal to possess, manufacture, distribute, or dispense under federal law. (B) Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for the cultivation, sale, consumption, use, distribution, or possession of marijuana not in strict compliance with the Act. Also, because federal law is not affected by that Act, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law. The Act does not protect users, caregivers, or the owners of properties on which the medical use of marijuana is occurring from federal prosecution, or from having their property seized by federal authorities under the Federal Controlled Substances Act. (C) Nothing in this chapter shall be construed as authorizing persons to engage in conduct that endangers others or causes a public nuisance, or to allow any cultivation, distribution, or use of marijuana contrary to the express authorizations of the Act and this chapter. 35-70--35-80. RESERVED. SECTION 3. Subsection (C) of Section 1-9 of the City Code is amended to revise the insertion set forth here, with the remainder of the chart in Section 1-9(C) to be unchanged: 35 Offenses and Miscellaneous Provisions 35-6, 35-39, 35-67(C)(5),(7),(8),(9), 35-67(C)(11) (first offense only), 35-67(D)(4),(6),(7), (12),35-67(D)(8) (first offense only), 35-67(D)(14) (first offense only), 35-68, 35-81 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. Regular City Council Meeting Tuesday, August 19, 2014 Page 21 This ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 6th day of August, 2014, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 19th day of August, 2014. _______________________________ MICHAEL C. TAYLOR, Mayor Pro-tem _______________________________ MARK CARUFEL, City Clerk INTRODUCED: 08-06-14 ADOPTED: 08-19-14 PUBLISHED: 08-24-14 EFFECTIVE: 08-24-14 Vote on the motion to adopt the ordinance: Yes: Skrzyniarz, Romano, Schmidt, Taylor, Ziarko, Koski. Absent: Notte. The motion carried. CONSENT AGENDA 2. Mr. Paul Smith discussed the items on the consent agenda and stated they total $1.2 million. He questioned the purpose of the consent agenda since there is no discussion on the items. Mrs. Marcia Hershey, on behalf of the Michigan Ovarian Cancer Alliance, urged the City Council to adopt a resolution to declare September as National Ovarian Cancer Awareness Month. She asked the City Council to become involved in a program called, "Turn the Towns Teal" and stated they would be tying teal ribbons throughout Sterling Heights and passing out symptom cards to educate women about ovarian cancer. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of August 6, 2014, as presented. Regular City Council Meeting Tuesday, August 19, 2014 Page 22 B. To approve payment of the bills as presented: General Fund- $469,844.39, Water & Sewer Fund - $1,275,082.82, Other Funds - $2,428,453.44; Total Checks - $4,173,380.65. C. RESOLVED, to award the bid for firefighter protective clothing to First Due Fire Supply Company, 207 E. Kipp Road, Suite A, Mason, MI 48854, for a four-year period at unit prices bid. D. RESOLVED, to: a) Award the bid for a Hurst Jaws of Life electro-hydraulic cutter, ram, ram extension kit ac/dc converter packs, inclusive of spare battery and battery charger, and delivery charges to Apollo Fire Equipment Company, 12584 Lakeshore Drive, Romeo, MI 48065 at unit prices bid and reject the bids for an electro-hydraulic spreader. b) Purchase a Hurst Jaws of Life electro-hydraulic spreader, Model No. SP310E2, from Apollo Fire Equipment Company, 12584 Lakeshore Drive, Romeo, MI 48065 at a cost of $11,400, inclusive of a spare battery and battery charger. E. RESOLVED, to: a) Approve the purchase of seven 2015 Ford F-250 4 x 4 pick-up trucks and one 2015 Ford F-350 4 x 4 pick-up truck, equipped with snowplow packages, from Gorno Ford ELC, LLC, 22025 Allen Road, Woodhaven, MI 48183, through the State of Michigan MiDEAL Cooperative Bid in the cumulative amount of $246,790; and Regular City Council Meeting Tuesday, August 19, 2014 Page 23 b) Authorize an amendment to the Capital Project Fund budget in the amount of $184,790 from General Fund reserves. F. RESOLVED, to receive the report of the Purchasing Manager pursuant to City Code §2-221(B) regarding the emergency repair of the public sanitary sewer line situated on the east side of Dodge Park Road, just south of 16 ½ Mile Road, by M & K Trucking, 2106 Virginia, Troy, MI 48083, in the amount of $28,520. G. RESOLVED, to: a) Approve the Cost Sharing Agreement for 18 Mile Road Pavement Rehabilitation from Mound Road to Plumbrook Drain, subject to approval by the Macomb County Department of Roads, and direct the Mayor to execute the Agreement on behalf of the City of Sterling Heights; and, b) Authorize a budget amendment to use $147,600 of Major Road Fund Balance Reserves to complete the project. H. RESOLVED, to award the bid for the 2014 Joint Sealing Program, City Project #14-262, to Michigan Joint Sealing, 28830 W. 8 Mile Road, Suite 103, Farmington Hills, MI 48336 for Section 1 - Joint Sealing - Local Roads in the amount of $84,000,00 and Section II - Joint Sealing - Major Roads in the amount of $25,200.00 and authorize the Mayor and City Clerk to sign all documents required on behalf of the City. I. RESOLVED, to: a) Approve Change Order No. 1 for the 2014 Concrete Sectional Replacement Program, City Project #14-248, to complete concrete repairs to Regular City Council Meeting Tuesday, August 19, 2014 Page 24 Ryan Road, between 14 Mile Road to 15 Mile Road at a cumulative cost of $489,000; and, b) Authorize a budget amendment to use $567,240 of Major Road Fund Balance Reserves to complete the project. J. RESOLVED, to award the bid for Beaver Creek Park Asphalt Park, City Project #14-263, to Pro-Line Asphalt Paving Corp., 11797 29 Mile Road, Washington, MI 48095, in the amount of $147,604.50, and authorize the Mayor and City Clerk to sign the contract on behalf of the City. K. RESOLVED, to adopt the resolution designating September, 2014 as Ovarian Cancer Awareness Month in the City of Sterling Heights. ~ Mayoral Proclamation ~ A proclamation Declaring September “National Ovarian Cancer Awareness Month” in the city of Sterling Heights, Michigan, USA.  WHEREAS, Turn The Towns Teal is a national campaign to promote awareness of ovarian cancer and it’s symptoms. Volunteers tie ribbons throughout the neighborhoods and hand out symptom cards during the month of September, which is National Ovarian Cancer Awareness Month.  WHEREAS, Turn The Towns Teal was founded in 2007 by Gail MacNeil, who was diagnosed with Stage IIIC ovarian cancer; and soon learned that there are no early detection tests for ovarian cancer.  WHEREAS, by 2012, 36 states were participants in this ovarian cancer awareness initiative, Turn The Towns Teal was granted 501(c)(3) status and is being carried forward by the MacNeil family and a large group of dedicated volunteers. Regular City Council Meeting Tuesday, August 19, 2014 Page 25  WHEREAS, the campaign to increase ovarian cancer awareness in Sterling Heights is being spearheaded by resident Marcia Gurche. Ms. Gurche, an ovarian cancer survivor, is dedicated to promoting awareness and helping to protect Sterling Heights area females from late-stage ovarian cancer diagnoses.  WHEREAS, Turn The Towns Teal and its volunteer groups across the country will host National Ovarian Cancer Awareness Month, for the purpose of promoting awareness of ovarian cancer and its symptoms; NOW, THEREFORE, BE IT RESOLVED, that the City of Sterling Heights City Council does hereby officially proclaim September as “National Ovarian Cancer Awareness Month” in the city of Sterling Heights, Michigan. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sterling Heights to be affixed this 19th day of August 2014. __ Michael C. Taylor, Mayor Pro Tem of Sterling Heights Councilwoman Ziarko asked Mr. Bahorski to explain the purpose of a Consent Agenda for parliamentary procedure and to advise the City Council if they are in violation of any of the guidelines the City has set forth for the Consent Agenda this evening. Mr. Bahorski responded the purpose of a Consent Agenda is to address routine items and there are guidelines for it. He pointed out from a legal governing body rule, a Consent Agenda works very well. He stated Council members can and have contacted the Administration before a meeting if they have questions on any of the items on the Consent Agenda. He also pointed out any Council member can pull an item off the Consent Agenda for discussion. Councilwoman Ziarko asked Mr. Bahorski to verify that the City Council has not violated anything and that they are following procedures. Regular City Council Meeting Tuesday, August 19, 2014 Page 26 Mr. Bahorski added a long established procedure. Mayor Pro Tem Taylor stated the Consent Agenda is for the convenience of the people at the meeting and the people watching the meeting. They are routine items that do not have a lot of discussion. He also clarified that any Council member could pull items off the Consent Agenda and any audience member is permitted to speak on any item. Mr. Vanderpool added that the full backup is provided for the Consent Agenda in the e- packet. Yes: Koski, Romano, Schmidt, Skrzyniarz, Taylor, Ziarko. Absent: Notte. The motion carried. CONSIDERATION 3. Mr. Vanderpool explained the Memorandum of Understanding between the City and Police Officers Labor Council (POLC)/Emergency Dispatch Unit. He explained the current CBA provides that the City buys back banked sick time at fifty percent (50%). When emergency dispatchers elect to take a sick day, it also causes overtime to fill the vacancy. In order to avoid overtime and provide for adequate manpower, City Administration is recommending that banked sick time be bought back at one hundred percent. Mr. Vanderpool added that the current CBA provides for substantial separation benefits for all members of the Union, including an Early Retirement Incentive Program (ERIP) for the most senior members. Under the terms of the ERIP, a member meeting age and service requirements as of the date emergency dispatch is transitioned to COMTEC are Regular City Council Meeting Tuesday, August 19, 2014 Page 27 eligible for full retirement and retiree medical. A dispatcher who was anticipated as a candidate for the ERIP in July, 2013 may not meet the age and service threshold by the date of transition to COMTEC. The MOU recognizes this fact and provides the dispatcher with an alternative separation benefit of severance ($1,000 for each full year of service to a maximum of $15,000) if eligibility for the ERIP is not attained. Mr. Vanderpool added the available manpower to fully staff the City's emergency dispatch center is, at times, limited, and requires the deployment of overtime. To ease the overtime burden and offset the retirement of a dispatcher in September, 2014, the City and the Union have negotiated an MOU that grants the ability to re-hire a retired emergency dispatcher on a part time basis until the City ceases emergency dispatcher operations. Mr. Vanderpool pointed out the dispatcher union has approved the recommended MOU and he is requesting Council approval of the request. He thanked the union for their cooperation during this transition period. Moved by Ziarko, seconded by Schmidt, RESOLVED, to approve the Memorandum of Understanding between the City of Sterling Heights and the Police Officers Labor Council/Emergency Dispatch Unit regarding the buy back of sick time, separation benefits, and part-time employment of an emergency dispatcher and authorize the Mayor and City Clerk to sign all documents required in conjunction with this approval. Councilwoman Schmidt questioned the anticipated date that our employees will be shifted over to the Emergency Dispatch Center. Regular City Council Meeting Tuesday, August 19, 2014 Page 28 Mr. Vanderpool responded the end of the year, as the County has just moved their dispatch services into the Center. Councilman Romano pointed out he voted against the 911 dispatchers being moved to Macomb County to COMTEC., but this particular Memorandum of Understanding is due to their contract and he will support it. Yes: Ziarko, Schmidt, Skrzyniarz, Taylor, Koski, Romano. Absent: Notte. The motion carried. 4. Mr. Vanderpool explained the collective bargaining agreement between the City of Sterling Heights and the Sterling Heights Police Officers Association/Michigan Association of Police for the period of July 1, 2013 to June 30, 2017. He explained the current collective bargaining agreement expired on June 30, 2013 and was the product of a P.A. 312 arbitration. In lieu of another impending arbitration date in August, 2014, the City and the Union have reached a tentative agreement on a new 4-year CBA. Under the tentative agreement, the following savings realized under the previous September 17, 2012 arbitration award are continued: New full-time police officers will be paid 10% less until they reach the top step of the wage scale after five years of service. This is critical as the City will be hiring a significant number of new police officers in the next three years. Members of the bargaining unit participating in the defined benefit (DB) pension system will continue to contribute 8% to the police and fire retirement system. Current employees will have their vacation, personal and sick time banks that are bought out Regular City Council Meeting Tuesday, August 19, 2014 Page 29 reduced by 80% for purposes of computing their final average compensation, which results in approximately a 10% decrease in pension. The arbitration award eliminated the 15 minute roll call time which was paid as compensatory time at the rate of 1.5 times the hourly rate. The base medical coverage for police officers will continue to be the BCBS Community Blue PPO 4 modified plan, with increased deductibles and co-pays, and $15/$30/$50 prescription drug plan. Longevity pay is reduced by 33-1/3% from the former benefit level. Those that work on a holiday receive 1.5 times their hourly rate rather than the former double time rate. Overtime on holidays is paid at the rate of 2.25 times the hourly rate rather than the former 3 times the hourly rate. The DROP is no longer available. Mr. Vanderpool reported the provisions of the new CBA include the following: A wage freeze (no retroactivity) applies to year one (July 1, 2013 to June 30, 2014). A lump sum bonus of 1.5% is payable in September 2014. There will be a 1.5% increase effective July 1, 2015 and a 2.0% wage increase effective July 1, 2016. The City's contribution (previously $800) to the deferred compensation accounts of police officers which was suspended as part of the previous arbitration award is now permanently eliminated. The P.A. 312 arbitration award provided that if employees were deemed non-essential, then they would not work on a holiday that fell during their normal work week. They would not be paid for that day; however, they do receive a lump sum holiday paycheck in Regular City Council Meeting Tuesday, August 19, 2014 Page 30 November of each year. This CBA removes that provision and simply states if they are normally scheduled to work a day of the week that falls on the holiday, then they will work on that day or be on approved vacation or personal leave. The minimum court and call in time has been reduced from 3 hours to 2 hours. Officers hired after July 1, 2013 shall not receive retiree health insurance coverage. This now closes the retiree health insurance to all new City employees. Formerly, new officers were entitled to 50% retiree health care coverage. An annual amount of $1,500 will be paid into a retiree health savings account for the new employees to purchase health care coverage in retirement. Those presently employed officers that will qualify for 50% city paid retiree health care will receive a $3,000 contribution to the retiree health savings account. The Defined Benefits pension multiplier for new hires is 2.0% rather than the 2.8% for existing employees. The Early Retirement Option Plan (EROP) is similar to the DROP in that officers retire after 25 years of service and for a period of up to five years have their pension benefit paid into an account within the pension system while continuing to work. Like the DROP, the EROP saves the City on medical and hospitalization benefits due a new officer since EROP participants keep working. In addition, there are two substantial cost saving features of the EROP as compared to the DROP. First, when EROP participants terminate employment with the City, they forfeit 15% of the EROP account balance to the police and fire pension system. In addition, officers participating the EROP that are eligible for retiree health care upon retirement will be required to pay 5% of base pay into the City's retiree health care fund. Both of these provisions will further reduce pension Regular City Council Meeting Tuesday, August 19, 2014 Page 31 and retiree health care legacy costs. The cost neutrality of the EROP has been verified by the City's independent actuary. Mr. Vanderpool thanked the Police Officers Association for negotiating this agreement and thanked the entire police department for their continued good work in helping to make Sterling Heights one of the safety cities in the State of Michigan. Moved by Romano, seconded by Ziarko, RESOLVED, to approve the collective bargaining agreement between the City of Sterling Heights and the Sterling Heights Police Officer's Association/Michigan Association of Police for the period of July 1, 2013 through June 30, 2017, and authorize the Mayor and City Clerk to sign all documents required in conjunction with this approval. Councilman Romano appreciates what the police officers union did and thanks the rank and file members who had to vote on it. Mayor Pro Tem Taylor echoes the comments made by Councilman Romano. He thanked the police officers for this long difficult process. Yes: Romano, Ziarko, Koski, Schmidt, Skrzyniarz, Taylor. Absent: Notte. The motion carried. 5. Moved by Romano, seconded by Schmidt, RESOLVED, to appoint Shawn Taylor to the Cultural Commission to a term ending June 30, 2016, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: Romano, Schmidt, Skrzyniarz, Taylor, Ziarko, Koski. Absent: Notte. The motion carried. Regular City Council Meeting Tuesday, August 19, 2014 Page 32 COMMUNICATIONS FROM CITIZENS Mr. Mike Lombardini - Iraqi American neighbors protest on Ryan Road; Remedy for election of persons with a dangerous mental illness. Mr. Harry Marchlones - City's excellent coverage of the recent storm problems; Violation procedure. Mr. Jeff Norgrove - Get well to Mayor Notte; Commendations to everyone during the 200 year storm. Mr. Charles Jefferson - Nondiscrimination ordinance/ timing of emotional reactions. Mrs. Moira Smith - Peaceful protest by Iraqi American neighbors; Actions by Councilman Skrzyniarz at the library; Petitions regarding nondiscrimination ordinance. Mrs. Verna Babula - LGBT nondiscriminatory ordinance; Councilman Skrzyniarz' actions at library; Petitions regarding nondiscrimination ordinance. Mr. Paul Smith - Iraqi American demonstration; Rain storm victims; Clinton River log jam cleanup; anti-discriminatory ordinance/referendum; authenticity of signatures on referendum. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL/ UNFINISHED BUSINESS/NEW BUSINESS There were no reports from Mr. Vanderpool or Mr. Bahorski at this time. Councilman Romano stated he visited with Mayor Notte and he is getting stronger every day. The Mayor wanted to take this opportunity to thank not only the City employees, but residents themselves. He stated he didn't know he had that many friends and appreciates all the phone calls, cards and letters. Regular City Council Meeting Tuesday, August 19, 2014 Page 33 Councilman Skrzyniarz responded to questions from residents. He stated that the people he talked to thought it was common sense that persons should be judged on how they perform their job and it should not matter if someone is gay or straight and persons should be judged on the content of their character. He stated the ordinance provides basic protections, just like religion and race, and that businesses do not have the right to discriminate based on their religious beliefs. He stated that there is a minority of persons that feel that their religious beliefs allow them the opportunity to discriminate. He stated we have religious freedom in this country to have our own religious beliefs, but when in the public sphere, such a as a business owner or when selling a house, we don’t have the right to discriminate, everyone should be treated with fairness, and that is why they passed the non-discrimination ordinance. Councilwoman Schmidt reminded everyone that the children would be going back to school in about two weeks and she cautioned everyone to practice safety. Councilwoman Koski announced that Texas Roadhouse would be donating 10% of their proceeds on Wednesday, August 20th from 4 pm to 10 pm to the Sterling Heights Friends of the Library. She urged residents to stop in and contribute to their library. Councilwoman Ziarko stated to Mr. Jefferson that she would talk to him after the meeting. Mayor Pro Tem Taylor agreed with Mr. Jefferson that no one should be fired from their job because of their sexual orientation. He discussed his interaction with a petition- gatherer and the misinformation she was presenting. ADJOURN Regular City Council Meeting Tuesday, August 19, 2014 Page 34 Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: Ziarko, Romano, Schmidt, Skrzyniarz, Taylor, Koski. Absent: Notte. The motion carried. The meeting was adjourned at 9:10 p.m. MARK CARUFEL, City Clerk