City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, SEPTEMBER 16, 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, Maria G. Schmidt, Doug Skrzyniarz, Michael C. Taylor, Barbara A. Ziarko. Council Members absent: Richard J. Notte, Joseph V. Romano. Also Present: Walter C. Blessed, Assistant City Manager; Jeffrey Bahorski, City Attorney; Mark Carufel, City Clerk; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Moved by Koski, seconded by Schmidt, to approve the Agenda as presented. Yes: Koski, Schmidt, Skrzyniarz, Taylor, Ziarko. Absent: Notte, Romano. The motion carried. REPORT FROM CITY MANAGER Mr. Blessed discussed the Macomb-OU INCubator and introduced Ms. Julie Gustafson, Executive Director, to update the Council on how the INCubator is making an impact on our community. Ms. Gustafson gave examples of activities at the center and pointed out three events coming up: September 26, "Defense Matters in Michigan", hosted by Carol King, who does Michigan Matters on CBS on Sunday mornings, Macomb County's Regular City Council Meeting Tuesday, September 16, 2014 Page 2 largest prize pitch competition, which is $20,000.00 for a small early stage company that is three years or younger and a one day social media event on October 11, 2014. A video was shown at this time. Mr. Blessed introduced Ms. Denice Gerstenberg, City Development Director, to make a presentation on the Clinton River Cleanup and the new Canoe/Kayak Landing. Ms. Gerstenberg explained the successful cleanups that occurred at the Clinton River by the Department of Public Works, along with volunteers and the Clinton River Watershed Council. A video was shown at this time. Mr. Blessed reported the Sterling Heights Fire Department kicks off 2014 Fire Prevention Week with the return of its Open House from 11 am to 2 pm on Sunday, October 5th at Fire Station #4. Residents are encouraged to join the fire department for a festival of fun and fire safety. He stated the City's Firefighters Union, Local 1557, and local businesses are donating time, goods and services to continue this popular fire education program that attracted record crowds last year. Mr. Blessed pointed out the 30th Annual Daddy Daughter Dance is going to be held at the Century Banquet Center on Thursday, October 16th from 6 pm - 8:30 pm. Each ticket includes dinner, dancing, souvenir photo, corsage and door prizes. He pointed out no tickets will be sold at the door and this event is for Sterling Heights residents only, ages 3-12. Mr. Blessed reminded everyone the deadline to register to vote for the November 4th General Election is Monday, October 6th. Absentee ballots should be sent out by Friday, Regular City Council Meeting Tuesday, September 16, 2014 Page 3 October 10. Mr. Blessed announced the City is also seeking precinct workers. They are paid $135 for the day and $20 for training. PRESENTATION Ms. Tammy Turgeon, Community Services and Library Director, pointed out a donation by Mr. Ronald Himmler in the amount of $4,525 to the Sterling Heights Public Library for the purchase of NOVA and Nature DVDs for the non-fiction collection. Mr. Himmler stated he saw a need for additional materials and felt it was important for him to do this. Moved by Ziarko, seconded by Schmidt, RESOLVED, to acknowledge and accept the donation of $4,525 to the Sterling Heights Public Library by Mr. Ronald Himmler to acquire NOVA and Nature DVDs for the non-fiction collection. Yes: Ziarko, Schmidt, Skrzyniarz, Taylor, Koski. Absent: Notte, Romano. The motion carried. CONSENT AGENDA 1. Ms. Jennifer Abed questioned the $16,800 purchase and inquired the purpose. (Item G). Mayor Pro-Tem Taylor explained this money would be used for a volunteer appreciation banquet this fall. Mr. Dennis White discussed Item H and the need for more major road repairs in the City. Mr. Charles Jefferson stated in regard to Item G, this is nothing new and it has been a long standing program in the City for many years. Moved by Koski, seconded by Schmidt, RESOLVED, to approve the Consent Agenda: Regular City Council Meeting Tuesday, September 16, 2014 Page 4 A. To approve the minutes of the Regular Meeting of September 2, 2014, as presented. B. To approve payment of the bills as presented: General Fund - $388,247.19, Water & Sewer Fund - $3,109,303.65, Other Funds - $2,508,248.49, Total Checks - $6,005,799.33. C. RESOLVED, to award the bid for motor oils, solvents and anti-freeze to Central Oil Co., 30759 Edison, Roseville, MI 48066, based on unit prices bid for a one- year period. D. RESOLVED, to approve the purchase of one 2015 Chevrolet Tahoe 4WD Special Service vehicle from Berger Chevrolet, 2525 28th Street S.E., Grand Rapids, MI 49512, through the Oakland County Cooperative bid in the amount of $33,131. E. RESOLVED, to award the bid for the official city newspaper for the publishing of legal notices and advertisements to Advisor & Source Newspapers, 51180 Bedford Drive, New Baltimore, MI 48047 for a one-year period based on the following unit prices:  One full page at $912.00  Column inch at $7.60  Classified help wanted per line at $4.82 F. RESOLVED, to receive the report of the Purchasing Manager pursuant to City Code §2-221(B) regarding the emergency purchase of an air conditioning unit from Macomb Mechanical, Inc., 6250 19 Mile Road, Sterling Heights, MI 48314,  Regular City Council Meeting Tuesday, September 16, 2014 Page 5 to service the data center within the Office of Information Technology in the amount of $61,050. G. RESOLVED, to accept the proposal by Best Western Plus Sterling Inn, 34911 Van Dyke, Sterling Heights, MI 48312, for banquet hall services. H. RESOLVED, to approve State Trunkline Maintenance Contract #2014-0419 for the maintenance of Van Dyke (M-53) and Hall Road (M-59), designate Public Works Director Sal Conigliaro as Maintenance Superintendent, and authorize the City Manager and City Clerk to sign the contract on behalf of the City. Yes: Koski, Schmidt, Skrzyniarz, Taylor, Ziarko. Absent: Notte, Romano. The motion carried. CONSIDERATION 2. Mr. Mark Carufel, City Clerk, stated on June 17, City Council adopted the Non- Discrimination Ordinance, which took effect upon its publication on June 22, 2014. On August 6th, petitions protesting the Non-Discrimination Ordinance were filed with the City Clerk in compliance with City Charter. Additional petitions were filed with the City Clerk on September 3rd, also in compliance with City Charter. Upon examining all the signatures on the petitions, the City Clerk certified that the petitions contain more than 5,858 valid signatures of registered electors of the City and therefore a valid petition has been filed. Regular City Council Meeting Tuesday, September 16, 2014 Page 6 According to City Charter, the presentation of a valid petition suspends operation of the Non-Discrimination Ordinance and requires City Council to reconsider the Non- Discrimination Ordinance. The agenda statement this evening outlines available options under the City Charter when reconsidering the Non-Discrimination Ordinance. Mayor Pro-Tem Taylor asked for a show of hands on the number of people that wished to speak under this agenda item. He stated since there are about 20 speakers, he sees no reason to suspend the Council rules. Everyone will be allowed to speak for seven minutes, although he would like to see the comments kept to five or six minutes so everyone will have an opportunity to speak. Mr. Geoff Gariepy, Sterling Heights resident, expressed his disappointment with the turn of events, discussed the meaning of perversion and reminded everyone of the First Amendment right to petition government to address grievances. He read sections of the law and stated there is nothing new being granted to anyone. He stated the City Council has two options - to repeal the law or put it on the ballot. He believes the City Council should allow this matter to go to a vote of the people. Mrs. Jasmine Early, Sterling Heights resident, feels she is in the line of fire. She stated the purpose of the ordinance is no different in Sterling Heights than in any other city in the Country. She discussed her religious freedoms and believes this ordinance infringes on those rights. Regular City Council Meeting Tuesday, September 16, 2014 Page 7 Mr. Jeffrey Norgrove, Sterling Heights resident, spoke in support of the ordinance and stated it is a protection we should afford to all residents who have a right to vote. Mr. Ron Nichols, Sterling Heights resident, stated if the City Council really wants to do what the people want, they should put this ordinance on the ballot and let the people vote. Mr. Patrick Herbst, Sterling Heights resident, spoke against the ordinance and questioned its purpose. He stated the ordinance is full of caveats and exceptions; it is not clear cut and equally applied. He believes it should be repealed because it makes bad law and it's trying to solve a problem that doesn't exist. Mr. George O'Brien, stated that 95% of the residents in Sterling Heights were unaware that there was an ordinance. He questioned the purpose of the ordinance and whether it accomplished anything. He believes it was pushed through and that the resident's rights were disregarded. He urged the City Council to repeal the ordinance. Mr. Charles Jefferson, Sterling Heights resident, stated there are laws to protect people and he doesn't see any reason for this being brought up. He hopes to see this ordinance placed on the ballot. Mrs. Marcia Herbst, Sterling Heights resident, stated the City Council is here to represent the people of Sterling Heights and people from other cities were allowed to come and speak and make more of an impact than the residents. She questioned the law firms that will benefit from lawsuits against this ordinance, Regular City Council Meeting Tuesday, September 16, 2014 Page 8 whether the Council is anticipating lawsuits and the cost to fight the lawsuits in court. Mrs. Herbst stated there are too many loopholes in the ordinance. She asked the City Council to repeal the ordinance and listen to the residents of the City. Mr. Paul Smith, Sterling Heights resident, pointed out we have the largest referendum in Sterling Heights and in Macomb County and the residents have been subject to a total news blackout and the people that worked on the petitions have been subject to harassment. He wants to see this ordinance on the ballot for the people to vote on and stated there is plenty of time to get this on the ballot. Mayor Pro-Tem Taylor pointed out the deadline for submission on the ballot this year has already passed. Mr. Dominic Bologna, 42833 Hunt Club, questioned the percentage of LGBT residents as stated by Mayor Notte. He doesn't believe the City Manager should have the right to fine businesses or churches if they don’t abide by the ordinance. He stated the rights of all citizens should be protected and recommended the City Council repeal the ordinance. Mr. Leonard Johnson, Sterling Heights resident, believes this ordinance should be repealed or go to a vote of the people. The majority will make the decision. Mrs. Parvaneh Orow believes the City Council disregarded the rights of the residents. She stated this ordinance was passed through without thinking of all the people they represent. She asked the City Council to start representing the people the right way and repeal the ordinance. Regular City Council Meeting Tuesday, September 16, 2014 Page 9 Mr. Dennis White stated we are talking about freedom and the City Council is infringing on his freedom. Mrs. Jackie Ryan, Sterling Heights resident, stated she was one of the people getting signatures on the petitions and both councilmen that were at the library were biased on the ordinance. She stated she spoke to people on both sides of the issue and people were very disappointed in the actions of the two council members. People believe they need an attorney to interpret this ordinance. Mrs. Ryan doesn't believe we need this ordinance, since there is already an ordinance to address discrimination. She stated the ordinance is a mess and it should be repealed. Mr. Nate Shannon, Sterling Heights resident and co-chair of 1 SH , is very disappointed that the City Council will have to make this tough decision. He wanted to thank the City Council for their courageous vote back in June that supported the ordinance and stated many people in the community appreciate the Council's efforts. Mr. Shannon stated the opposition does not speak for the majority of the residents in our city. Mrs. Sanaa Elias, Sterling Heights resident, is disappointed because the City Council is supposed to represent all the residents, but the majority of the people did not know about this ordinance. She stated the City was not able to provide any grievances or lawsuits. Mrs. Senna said if this ordinance is not granting any group anything new, why do we need it. She believes this ordinance will silence the church and tell people how to live. She questioned whether the City Council Regular City Council Meeting Tuesday, September 16, 2014 Page 10 really wants to hear the voices of the people. Mrs. Elias stated the City Council needs to repeal this ordinance. Ms. Jennifer Abed, Sterling Heights resident, stated an elected official represents their constituents and she hopes this City Council is representing everyone in their decisions. She believes the people should decide and government should listen to the people. Ms. Abed stated to Councilman Skrzyniarz that she believes he is representing a special interest group. Mr. Joe Judnick, Sterling Heights resident, questioned how two councilmen were able to protest, but when Mr. Smith was on the City Council he was not allowed to do what he wanted to do. He took exception to the comment about the residents' being "religious extremists". He recommended the City Council repeal the ordinance. Mr. Todd Sanders, Sterling Heights resident, discussed the percentage of residents in the City that were part of the LGBT community. He stated the Center for Disease Control in Atlanta, GA took a survey two months ago and the survey showed 34,557 individuals were surveyed and 1.6% of them identified themselves as gay or lesbian. Out of that number, 0.6 of 1% identified themselves as bi- sexual. He stated those numbers add up to 2.3 % of the population. He stated even if you round up that number, it is still half of the 10% quoted by Mayor Notte. He pointed out these numbers are not coming from a biased religious organization, but from a nationwide poll conducted by the CDC. Mr. Sanders stated in considering this ordinance or any ordinance moving forward due Regular City Council Meeting Tuesday, September 16, 2014 Page 11 diligence needs to be done to consider the merits of the ordinance. It is important to get the numbers on the table and make sure all the facts are correct. Mr. Tom Vaken, Sterling Heights resident, stated people want the government to give them options and allow them to make their own decisions. Mr. Vaken believes this ordinance should be put on the ballot for the people to choose what they want. Mr. Arthur White, Sterling Heights resident, suggested, as opposed to addressing the religious aspect, the City Attorney write a synopsis of the state and federal law that this petition is supposed to address, tell the electorate what the holes are in the law and how this closes those holes. He asked Mr. Bahorski to include how many problems we have had to show this law is required and what the estimated cost to the budget would be. Mrs. Sharon Gill, Sterling Heights resident, was impressed with the knowledge people have about their constitutional rights. She resents the City Council using the LGBT community to further their political agenda. Mrs. Kathy Esposito, Sterling Heights resident, stated the people should decide and she urged the City Council to listen to the people and put it on the ballot. Mr. Joel Thomas, Sterling Heights resident, stated the ordinance is vague and should be repealed. He discussed the actions of Councilman Skrzyniarz at the library. His advice to all the City Council is to block all the insults and do the right thing, and defend liberty. Regular City Council Meeting Tuesday, September 16, 2014 Page 12 Moved by Skrzyniarz, seconded by Taylor, RESOLVED, to introduce the ordinance repealing by reference the Sterling Heights Non-Discrimination Ordinance, Ordinance No. 435. Councilman Skrzyniarz explained his position and reason for being at the library to educate the residents on the ordinance. He stated he did carry a sign that said, "Reject Bigotry, Decline to Sign". He stated the movement for collecting the signatures was organized by a subgroup of religious extremists. Councilman Skrzyniarz explained how this all started and the change in viewpoints that has occurred over the last forty years. He stated the City Council has an obligation to protect all people, including the LGBT community and he wants to make sure Sterling Heights is prepared for the future. Councilman Skrzyniarz listed all the communities in the United States that have this same ordinance and pointed out other countries and businesses that have expressed their support as well. He stated this ordinance is about equal rights and the City Council has to make a decision. He respects the rights of the petitioners who obtained the required amount of signatures so that the City Council has to make a decision. He made the motion because the issue could not come up for a vote until 2015 at the earliest because of the election schedule. He made this motion to repeal the ordinance because legislation has been introduced and we should give them the opportunity to bring this up for a vote in the legislature and if it passes at the state level, they could amend the Elliott-Larson Civil Rights Act. He believes it might be a good option to have this ordinance on a statewide vote. Councilman Skrzyniarz asked Mr. Bahorski to clarify what the research Regular City Council Meeting Tuesday, September 16, 2014 Page 13 has been in terms of whether there is an existing law that protects people from discrimination. Mayor Pro-Tem Taylor asked Mr. Bahorski to address whether an employer in the State of Michigan could legally fire someone for the reason that they are gay or presumed to be gay. Mr. Bahorski responded there is no protection under the Elliott-Larsen Civil Rights Act that would protect a gay person from being fired. There is no protection and they do not have any legal remedy to sue their employer. Councilwoman Schmidt stated as a point of clarification, when she and two of her colleagues voted no at the introduction, she didn't vote against the ordinance. She was in favor of postponing the ordinance and felt it was something that should be at the state level. She is very comfortable with the motion on the floor. She pointed out she received numerous complaints from residents stating that people are trying to get signatures in a very aggressive way and misleading the residents in what they were saying. She stated if the City Council votes to put this on the ballot right now, it is all or nothing; no changes could be made. Councilwoman Ziarko agrees with Councilwoman Schmidt and stated she made a motion to postpone this issue and two of her colleagues agreed with her, but the majority ruled. She wants everyone to be treated equally. When she made the motion to postpone the ordinance, it was not a vote against the ordinance. She wanted it postponed for more information. Councilwoman Ziarko stated this issue is dividing the City and if repealing Regular City Council Meeting Tuesday, September 16, 2014 Page 14 this ordinance brings everyone together and allows us to move forward, this is what the City Council has to do. She is in favor of repealing the ordinance tonight. Councilwoman Koski supports the motion on the floor and stated the City Council needs to repeal this ordinance tonight. This issue has to be dealt with in Lansing and is something that has to be decided as a statewide issue. Mayor Pro-Tem Taylor responded to some of the comments made by the residents. He stated he was at the library to observe what was going on and not harass anyone. He pointed out he did carry a sign telling people to decline to sign. He commended the petitioners for their effort in organizing the petition drive and stated the City Council will be voting on this issue per their wishes. Mayor Pro-Tem Taylor stated if people are against a non-discrimination ordinance because they don't believe there is any discrimination going on in the City, why is there such a huge effort to overturn the ordinance. He stated the purpose of the ordinance is to protect people, not only the ones that live in Sterling Heights, but the ones that work here. He stated he heard many comments about this ordinance being pushed through too quickly without citizen input, that it is vague and that it violates religious freedom. Mayor Pro-Tem Taylor stated he would be willing to sit down with anyone at any time anywhere to discuss this issue. He would like to see a good faith effort on the part of all the people to write something that we can all agree on. He stated if there is no effort to do this, then he will make a motion in two weeks from tonight to change his vote and ask that it be put on the ballot. Mayor Pro-Tem Taylor asked Mr. Bahorski if we put this on the ballot and then the state passes legislation, whether the City Council could later take this off the ballot Regular City Council Meeting Tuesday, September 16, 2014 Page 15 Mr. Bahorski responded up until the point that the deadline would be at the state level, the City Council could rescind their action to place on the ballot. Vote on motion on the floor to introduce the ordinance: Yes: Skrzyniarz, Taylor, Ziarko, Koski, Schmidt. Absent: Notte, Romano. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Jeffrey Norgrove - Constitution Day September 17th; We live in a Republic, not a Democracy. Mr. Charles Jefferson - City Council "Meet the Candidates", hold at night instead of morning. Mr. Arthur White - Thank you to all City Council members and administration for their due diligence in getting through the last few years, to the employees and first responders for their cooperation also; To give serious consideration during the budget process to departments and increasing their staffing, as well as cost of living increases. Mrs. Sanaa Elias - Appreciates professionalism of employees in the City Clerk's Office. Mr. George O'Brien - Thank you to the City Clerk and his staff. Mr. Geoff Gariepy - Missing Sterling Heights resident, Larry Kunz. Mrs. Marcia Herbst - Request for information on lawsuits related to discrimination; All lawsuits against the City. Mr. Dennis White - Use of air conditioning in the Council chambers. Mr. Joe Judnick - Possibility of "Meet the Candidates" night; Status of Polish Market on Mound Road and Poplar Properties on Mound Road. Regular City Council Meeting Tuesday, September 16, 2014 Page 16 Ms. Jennifer Abed - Loose stones causing damage to vehicles. Mr. Paul Smith - Installation of Smart Meters by DTE Energy; Candidates for City Council/availability of petition forms. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Blessed reported that he could provide Mr. Judnick with an email response on his questions. Mayor Pro-Tem Taylor asked Mr. Carufel to discuss the requirements in terms of providing forms to candidates for elected office. Mr. Carufel responded that historically candidates never ask for all the petition forms from them. He pointed out the petition forms have been changed because of a federal lawsuit from Congressman Conyers and they were waiting for them to come in and they came in yesterday, so there are enough forms for the candidates to obtain. The change removed the requirement of the circulator to be a resident elector of the City. Mr. Bahorski had no items for closed session this evening. Mr. Bahorski reported between the effective date of the Non-Discrimination ordinance and tonight, they have not received any discrimination complaints. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS 1. Councilman Skrzyniarz requested the City Administration draft a resolution for consideration at the next regular City Council meeting to encourage the State of Michigan to pass a comprehensive amendment to the Elliott-Larsen Civil Rights Regular City Council Meeting Tuesday, September 16, 2014 Page 17 Act to include sexual orientation and identification and that the resolution be drafted in the form of the one that was recently passed in Eastpointe. 2. Councilwoman Schmidt encouraged any fathers in the City to consider the Daddy-Daughter dance. 3. Councilwoman Koski reminded residents about the Healthy Living Expo this Thursday, September 18th at the Senior Center, 9 am to noon. 4. Mayor Pro-Tem Taylor responded to Mr. Smith that he thought the representatives from DTE said they would give the City a one year heads up in 2015 and not do anything until 2016. He pointed out there is an opt out program for any resident in the City who is opposed to having a smart meter. 5. Mayor Pro-Tem Taylor requested the Administration prepare a presentation for an upcoming City Council meeting and have someone from the County come and discuss the Detroit Water and Sewer Department and the changes that would be going into effect, how it would affect rates, the time frame and what the $50 million lease payment would mean to the residents of the City. ADJOURN Moved by Ziarko, seconded by Schmidt, to adjourn the meeting. Yes: Ziarko, Schmidt, Skrzyniarz, Taylor, Koski. Absent: Notte, Romano. The motion carried. The meeting was adjourned at 11:23 p.m. MARK CARUFEL, City Clerk