City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, OCTOBER 7, 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 as presented. Mayor Pro-Tem Taylor explained there was some discussion regarding Consideration Item 1 on tonight's agenda and there are two suggested actions under that item. He stated any council member could make a motion at this time to split Consideration Item 1 into two items. No motion was made at this time. Yes: Koski, Romano, Schmidt, Skrzyniarz, Taylor, Ziarko. Absent: Notte. The motion carried. REPORT FROM CITY MANAGER Regular City Council Meeting Tuesday, October 7, 2014 Page 2 Mr. Vanderpool reported on the disposal of leaves and reminded residents that it is against the City Ordinance to rake leaves into the street. Rather, leaves should be disposed of through mulching, composting or bagging them in paper yard waste bags and placing them at the curb for separate yard waste pickup on a regular refuse collection day. Mr. Vanderpool reported next Monday, October 13, 2014 is Columbus Day and all City Offices and the 41-A District Court Building will be closed. Additionally, Friday, October 10, 2014, ONLY the 41-A District Court will be closed for a furlough day. There will be no interruption in the refuse collection on either of these days. Mr. Vanderpool reported southeast Michigan has been declared a federal disaster area from the August 11th flood event and FEMA will begin processing claims for disaster assistance. FEMA representatives will be at the recreation center the entire week from 10 am to 6 pm through October 11th. Anyone that has incurred flood damage or knows of someone who has incurred flood damage, should schedule a visit with the FEMA representative or go online to register their claim at disasterassistance.gov to process their claim. Also, businesses affected by the flood may be eligible for both physical and economic injury disaster loans from the US SBA (Small Business Administration). Businesses may borrow up to $2 million to repair, replace disaster damaged or destroyed real estate, machinery, equipment, inventory and other business assets. Mr. Vanderpool showcased a defense matter event that occurred at the Velocity Collaboration Center over a week ago. A video was shown at this time. Mr. Vanderpool introduced Mr. Sal Conigliaro, DPW Director, to highlight road improvements throughout the City, made possible by the approved Safe Streets Proposal. Regular City Council Meeting Tuesday, October 7, 2014 Page 3 Mr. Conigliaro, with the use of a PowerPoint presentation, showed before and after pictures of the various neighborhood roads that were repaired under the Local Road Concrete Reconstruction Program, the Neighborhood Asphalt Resurfacing Program and the Concrete Patch Program. He also discussed the Concrete Patch & Joint Sealing Program and showed the areas that were improved. Mr. Conigliaro also highlighted the DPW in-house pavement maintenance repairs that were completed throughout the City. Mr. Vanderpool pointed out the presentation from Mr. Conigliaro focused on neighborhood roads, but it's important to pressure the state to allocate money for major roads. He stated the City is working with the Michigan Municipal League to continue to impress our state legislators to come up with a long term solution. PRESENTATION Mr. Aaron Wawrzyniak, Chairperson of the Sterling Heights Beautification Commission, introduced members of the commission in attendance: Henrietta Baczewski, Ruth Ann Schinzing, Gary Isom and Sharon Mason. Mr. Wawrzyniak invited Mayor Pro-Tem Taylor and the City Council members to join him in presenting the 2014 Beautification awards in the categories of commercial properties, multiple-family properties, single-family properties and churches. Also a "Best of the Best" recipient will also be honored in each of these categories. Mr. Wawrzyniak gave a special thank you to Mr. Jim Eckhart from Eckhart's Greenhouse for providing gift certificates to each of the recipients. The following business properties received awards: Clinton Valley Shopping Center at 44955 Schoenherr Road Regular City Council Meeting Tuesday, October 7, 2014 Page 4 Fire and Ice Mechanical, Inc. at 40642 Mound Road The following multi-family complexes received awards: Arden Courts at 11095 14 Mile Road Seville Terrace at 11800 Seaton Shoal Creek Apartments at 34250 Ryan Road Vineyards Sub Association at 43619 Fallen An award was presented to St. Malachy Catholic Church at 14115 14 Mile Road. The following residences received awards: The Allam residence at 42112 Mac Rae The Andre residence at 35364 Monza Court The Bailey residence at 34715 Fontana Drive The Beauchamp residence at 41814 Betley The Beebe residence at 34494 Fontana The Biegas residence at 39914 Wilmette The Billiau residence at 5244 Temple The Bronson residence at 36239 Melbourne The Carpenter residence at 42645 Prince The Carroll residence at 11336 Village The Cebula residence at 2708 Farmdale The Cocchetto residence at 13635 Kingsville The Dao residence at 34316 Orsini Drive The DeGeorge residence at 38235 Sleigh Regular City Council Meeting Tuesday, October 7, 2014 Page 5 The Derosa residence at 37637 Alper The Diethelm residence at 41729 Marold The Dietz residence at 43786 Trillium The Eason residence at 14937 Liri The Fowler residence at 13499 Brougham The Francis residence at 12224 Grindley The Gariepy residence at 33209 Stoner The Gonzales residence at 35303 Davison The Gorski residence at 36458 Jeffrey The Howard residence at 34401 Amsterdam The Jamalieh residence at 35345 Davison The Kijewski residence at 14400 Edshire The Klinger residence at 14125 Valusek The Kozich residence at 34666 San Paulo The Kramer residence at 43931 Tipton The Kucharek residence at 14593 Sundew The Mazur residence at 14906 Liri The McMillan residence at 11744 Wheaton The McSwain residence at 34443 Giannetti The Milczynski at 3521 Leason The Milenkovic residence at 4466 18 1/2 Mile Road The Muth residence at 42633 Prince Regular City Council Meeting Tuesday, October 7, 2014 Page 6 The Nahas residence at 13815 Southgate The Osak residence at 38978 Marlborough The Privette residence at 15060 Harvest Meadows The Rozzisi residence at 34302 Orsini The Saleh residence at 14909 Liri The Sancimino-Polakowski residence at 35615 Rainbow Drive The Schoeb residence at 33148 Monticello The Slowik residence at 15201 Peggy Court The Straughen residence at 14267 Lakeshore Drive The Szymberski residence at 37516 Fieldcrest The Tarczynski residence at 4831 Homestead The Valletta residence at 37463 Castleton The Webb residence at 39320 Bella Vista The White residence at 12335 Canterbury The Winters & Helkowski residence at 38362 Plainview The Best of the Best awards were presented to: Credit Union One at 9000 15 Mile Road Villa Fontana Homeowners Association at 34667 Giannetti St. Jane Frances de Chantal at 38750 Ryan Road The Ulfig residence at 39412 Chantilly Moved by Schmidt, seconded by Ziarko, RESOLVED, to individually and collectively recognize the 2014 Beautification Award winners and thank them for the dedication and Regular City Council Meeting Tuesday, October 7, 2014 Page 7 effort in making their properties, neighborhoods and the City of Sterling Heights a more beautiful place to live, work and play. Yes: Schmidt, Ziarko, Koski, Romano, Schmidt, Skrzyniarz. Absent: Notte. The motion carried. Mayor Pro-Tem Taylor called a five (5) minute recess at 8:11 p.m. Mayor Pro-Tem Taylor reconvened the meeting at 8:19 p.m. ORDINANCE ADOPTION 1. The following persons addressed the City Council on the ordinance repealing by reference the City of Sterling Heights Non-Discrimination Ordinance, Ordinance No. 435: Mr. Geoff Gariepy, Sterling Heights resident, discussed an incident of discrimination in the City of Sterling Heights involving a member of the Sterling Heights Ethnic Community Committee, Julie Bondy. Mr. Gariepy reported that she was forced into resigning by the president of that board because of her views. Mr. Gariepy wanted to see this issue put to a vote of the people and hoped the City Council would take up a new ordinance that protects the people working for this City because it is the right thing to do. Dr. Steve Naumovski, a long-time committee member, corrected the statements made by Mr. Gariepy and stated he didn't want the City Council members to be misled by the inaccurate statements. Ms. Jasmine Early discussed the definition of discrimination. She stated there is no need for any more laws in Sterling Heights since people are already protected Regular City Council Meeting Tuesday, October 7, 2014 Page 8 under the state law. Mrs. Early believes her first amendment rights are being taken away by this ordinance. She urged the Council to repeal the ordinance. Mr. George O'Brien questioned the comments made by Councilman Skrzyniarz at the previous City Council meeting and asked him if there was any reason why he mentioned only certain countries. He discussed the actions of Councilman Skrzyniarz at the Library and stated he is supposed to be representing all the people of Sterling Heights. He urged the City Council to repeal the ordinance. Ms. Juanita Parker from Fraser questioned the point of this ordinance when all people have equal rights under the Constitution. She stated this ordinance has divided the City. Mrs. Parker stated she knows people in Sterling Heights and they do not want a resolution sent to Lansing and they do not want this ordinance. Mrs. Elaine Andreski came to give testimony urging the City Council not to support the resolution to the State of Michigan because the City does not support the LGBT agenda and she is asking for the complete repeal of the non- discrimination referendum ordinance. She believes both items need to be voted on separately. Ms. Julie Bondy, Sterling Heights resident, stated she was fighting to be a voice of the voiceless. She asked that the City Council pass something that covers City employees just like the County did. She questioned the timing of this ordinance in light of National Coming Out week and the fact that 30 states have allowed same sex marriage. Ms. Bondy thanked all council members for their best effort in trying to do what is right. Regular City Council Meeting Tuesday, October 7, 2014 Page 9 Ms. Beverly Marocco, Sterling Heights resident, addressed the comments made by Mr. Gariepy and stated this is not bigotry and people have their own right to their own beliefs. This ordinance is not signaling out people based on their age, race, religion, etc. Ms. Marocco believes the letter to Lansing is dishonest and the City Council is making assumptions based on their own convictions, not on the vote of the people. She believes the ordinance should be repealed permanently so everyone has equal rights under the law. Ms. Sanaa Elias from Sterling Heights takes issue with some of the comments made by Julie Bondy. She believes the voice of the voiceless would refer to orphans, the children who are being aborted and the elderly. She would not think of it as the homosexual agenda. Ms. Elias stated all people contribute to society regardless of their sexuality and everyone's contribution is welcomed. She sees no need for this LGBT ordinance in Sterling Heights and asks that the City Council repeal it. Ms. Joanna Hill of Hazel Park is very grateful to the City of Sterling Heights and the City Council for giving her an opportunity to speak. She stated they all have the right to exist. Ms. Androna Canara from Clinton Township does a great deal of business in Sterling Heights and other surrounding communities and expressed concern with using restrooms in Sterling Heights. She believes this ordinance would be a great help for their community. Regular City Council Meeting Tuesday, October 7, 2014 Page 10 Mr. Paul Smith of Sterling Heights said the City Council could either repeal the ordinance this evening or not repeal it and allow it to remain suspended until such time that it is placed on the ballot for a vote to overturn the referendum. He said the people have overwhelming said they don’t want this ordinance. Mr. Smith stated this business of a proclamation to Lansing is totally out of line because it should be a standalone item of New Business. Ms. Grace Bacon of Clinton Township is asking the City Council to vote for nondiscrimination against the transgender community and the gay community in general. Ms. Deborah Lansing Holbrook is a volunteer with Affirmations of Ferndale, Michigan. She stated they network with other community based churches and businesses to provide support with positive change and insight and how to change within the Christian school. She stated this ordinance will bring safety in housing to all people and protects the youth and their whole staff of personnel. Mr. Michael Radke is against bigotry and stated everyone should have a right not to be discriminated against in Sterling Heights. He was proud of what the Council did and believes the ordinance should not be repealed. He pointed out this is not a religious issue, it is about people living their lives in peace. Mr. Radke thanked the City Council for their efforts. Mr. Tony Rand believes this issue should go to a vote of the people. Ms. Parvaneh Orow of Sterling Heights is confused with this item because the people spoke. She believes government is not supposed to go against the Regular City Council Meeting Tuesday, October 7, 2014 Page 11 petitioners who have the First Amendment right to be collecting signatures on petitions. Ms. Orow stated they would all be discriminated against because of the LGBT community and this ordinance. She took exception to many of the comments made by Mr. Gariepy. Ms. Orow stated equal rights are protected under the law. She stated the ordinance needs to be repealed because the City Council does not want to put it on the ballot. Mr. Dominic Bologna of Sterling Heights voiced his objection and recommended the City Council repeal the Anti-Discrimination Ordinance No. 435. He stated approximately 8,000 residents of Sterling Heights by their signatures do not agree with the actions and resolution passed by this Council and he believes they would not support a draft being sent to the State Senate or Representatives with regard to Bills 1053 and 5804 to amend the Elliot-Larson Civil Rights Act to extend anti- discrimination protection to LGBT persons or to bring this matter up at the election. Ms. Jennifer Abed of Sterling Heights just found out about this letter that is going to be attached and sent to the state and inquired whether there is any way the people could read it. She would like to see this issue put on the ballot for the people to decide. Mayor Pro-Tem Taylor stated to Ms. Abed the resolution was provided in the e- packet. Mr. Jeffrey Norgrove of Sterling Heights stands behind the ordinance, but stated what's done is done by the signatures. He asked the procedure for what is going Regular City Council Meeting Tuesday, October 7, 2014 Page 12 to take place this evening. Mr. Norgrove inquired what would happen if the state passes this after the November election and then the City would have to abide by that. Ms. Billie Wood of Sterling Heights applauded Councilwoman Koski for being the deciding factor and applauded her courage. She agrees with Mr. Gariepy's representation of the issue and hopes the City Council would not repeal the ordinance. She stated it is time for the City Council to take a stand. Mr. Mike Lombardini has genuine concerns about the future of our City. He stated this ordinance was passed because everyone of the City Council members were doing their duty. He supports the City Council no matter what they decide on this issue. Ms. Jackie Ryan of Sterling Heights questioned why Mr. Taylor and Mr. Skrzyniarz brought this issue to the City Council. She stated they received close to 8,000 signatures and there are more people who said they would sign the petitions. People asked for this to be placed on the ballot, but the City Council chose to repeal the ordinance. She urged the City Council members to please research this ordinance and not send the resolution to Lansing. Mrs. Mary Marcinak of Sterling Heights questioned whether Councilman Romano and Councilwoman Koski, both being real estate agents, would agree that they could not discriminate with housing because of the federal law. She suggested the City Council postpone this issue and put it to the vote of the people. Regular City Council Meeting Tuesday, October 7, 2014 Page 13 She wanted it known that she is not anti-gay and questions the need for this ordinance. Mr. Gino Vitale of Clinton Township stated the City Council needs to work this out and do their homework because there will be so many lawsuits. The proposed amendment does not consider the safety of women and children in restrooms, it violates the First Amendment of the Constitution by being vague and overbroad and constitutionally infringes upon a citizen's exercise of religious conscience. Mr. Darren O'Brien stated everything is being rushed through and the residents are not being heard. He believes the City Council repealed the ordinance because they knew what would happen if it went to a vote of the people. Mr. O'Brien stated the arguments about discrimination are not very genuine. In regard to the issue of intimidation, he knows for a fact that his mother went out to petition and felt unsafe because people were making her feel intimated. He believes the City Council is not representing the City of Sterling Heights with this ordinance or with the resolution they want to send to Lansing. Dr. Meosa from Sterling Heights believes there is a huge lack of transparency and the citizens have not been fully educated about this issue. She asked that the City Council repeal this ordinance and if they want to future study it, they should establish a committee to research the downstream implications that this ordinance has for the safety of children and women. Regular City Council Meeting Tuesday, October 7, 2014 Page 14 Mr. John Dagusu supports the City Council and believes they are doing the right thing. He stated this ordinance doesn't hurt anyone and should be about love and education. Mr. Sergio Vargo of Sterling Heights expressed concern with how this ordinance would play out legally with businesses in their hiring practices. He stated the City Council is trying to send a letter to Lansing, speaking for the residents, and it's not fair because the residents have spoke against this. Mr. Joe Judnick of Sterling Heights asked for the Council to repeal this ordinance and stated they did their best on damage control. He had hoped that Councilwoman Ziarko, Councilwoman Schmidt and Councilman Romano would have stuck to their guns and voted against the ordinance. Mr. Steven Lance of Sterling Heights appreciates a government of the people, by the people and for the people. He believes this should be put to a vote so the people of Sterling Heights can have a choice to air their opinion. Moved by Skrzyniarz, seconded by Taylor, RESOLVED, to adopt the ordinance repealing by reference the Sterling Heights Non-Discrimination Ordinance, Ordinance No. 435. Councilman Skrzyniarz explained the process from the beginning to where the item is today. He stated they listened to the people and adopted an amendment to the ordinance to make sure there was an exception for churches and schools. He explained the problem with getting the question on the ballot for this November and stated that the legislature decided to bring this issue up during a lame duck session in December, so there would be Regular City Council Meeting Tuesday, October 7, 2014 Page 15 nothing the City could do at that point. Councilman Skrzyniarz stated this is just the right thing to do, the American thing to do, to protect minorities. In reply to Mr. O'Brien, he stated he did not mention other non-Christian countries because they don't protect the LGBT community in those countries. In reply to a woman who spoke about the psycho- social impacts and what would happen with the LGBT community in the future, he felt that she was struggling with the issue and didn't want to admit that she really is discriminating against the LGBT community. Councilman Skrzyniarz hopes that all the residents are watching the meeting this evening and stated that those speaking in opposition indicted themselves and showed how radical they were as opposed to the rest of the community. He stated the Council has witnessed from the opposition a display of pure political extremism. Councilman Romano believed that Councilman Skrzyniarz was making a personal attack against the persons that spoke against the ordinance. Mayor Pro-Tem Taylor questioned who Councilman Skrzyniarz was attacking. Councilman Romano responded everyone that was speaking against the LGBT's that were expressing their own personal views. Mayor Pro-Tem Taylor stated we should move on. Councilman Skrzyniarz stated he will vote to repeal the ordinance, even though it is a tough decision for him to make. He really believes in what they were trying to accomplish. Councilwoman Schmidt stated it's no secret that she believes this issue belongs at the state level and she was one of the ones that wanted this item postponed. She still believes Regular City Council Meeting Tuesday, October 7, 2014 Page 16 something has to be done to close the loophole. She is hoping that this issue could be resolved, but would have no problem putting this on the ballot. She agrees with repealing the ordinance and waiting to see if the state will take action. Councilwoman Ziarko stated she is against putting this on the ballot because changes might have to be made and those changes would have to go to a vote. She pointed out people might have signed the petitions, but that doesn't mean they were against the ordinance. They didn't say they were against closing the loophole, they were only in favor of putting it on the ballot. She believes if this went on the ballot, it would pass. Councilwoman Ziarko questioned Mr. Carufel as to the number of signatures that were valid to place this issue on the ballot. Mr. Carufel responded 6,380 valid signatures. Councilwoman Ziarko expressed concern with all the students that were in the audience when this issue started and wondered how many of them were struggling or would be in the future. She believes the City Council should probably rescind this because she is not comfortable putting it on the ballot. Councilwoman Ziarko inquired of Mr. Bahorski how many times the City Council has put an ordinance by referendum on the ballot. Mr. Bahorski does not know of any in the City's 45 year history. Councilwoman Koski inquired of Mr. Bahorski as to whether there were any discrimination issues in the City and if it was because we don't have an ordinance in regard to this. Regular City Council Meeting Tuesday, October 7, 2014 Page 17 Mr. Bahorski responded the absence of case law indicates that people don't have the legal remedy to go to court. There is no protection based on sexual preference or gender identification. Councilwoman Koski stated that is the reason why we are not aware of any discrimination in Sterling Heights. She also believes this ordinance belongs in Lansing and the legislature is working toward putting something together. She is in favor of waiting to see what Lansing does and if they don't do anything, the City Council needs to study this issue further and see if it would be good for Sterling Heights. She is in favor of repealing the ordinance at this time. Councilman Romano stated Councilwoman Koski was the swing vote because of the order in which the vote was called. He discussed the changes in the Church from when he attended parochial school. He read an article from Pope Frances in regard to the problems with some priests and tolerance. The article stated the Pope has decided to take a more compassionate stance toward sexual orientation and when asked about gay- Catholic priests, the Pope responded, "Who am I to judge?" Councilman Romano stands by his original vote to approve. Mayor Pro-Tem Taylor pointed out he has been consistent in his desire to see free and open debate without interruption. His intention was never to limit or cut off debate. He stated he will always defend the City Council's right to expect respect. Mayor Pro-Tem Taylor stated he has not heard any person say they are against discrimination and he believes all people want equal rights, but they get caught up on what will occur in the restrooms and possible lawsuits. He believes people can come together. Mayor Pro-Tem Regular City Council Meeting Tuesday, October 7, 2014 Page 18 Taylor stated he is willing to meet anyone at any time to insure that the people of Sterling Heights are treated equally and fairly. Vote on motion to adopt the ordinance repealing by reference the Sterling Heights Non- Discrimination Ordinance, Ordinance No. 435: Yes: Skrzyniarz, Taylor, Ziarko, Koski, Schmidt. No: Romano. Absent: Notte. The motion carried. Moved by Skrzyniarz, seconded by Taylor, RESOLVED, to adopt the resolution supporting Senate Bill No. 1053 and House Bill No. 5804 that proposes amendments to Michigan's Elliot Larsen Civil Rights Act to prohibit discriminatory practices, policies and customs based on sexual orientation and gender identity. Councilman Skrzyniarz stated there is bipartisan interest in getting this resolved in Lansing. Roll call vote: Yes: Skrzyniarz, Taylor, Schmidt, Ziarko, Koski, Romano. Absent: Notte. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Joe Judnick - Thanked the DPW for their work on 19-1/2 Mile Road and questioned the Riverland Plaza development. Mr. Mike Lombardini - Reminded everyone October is National Breast Cancer Awareness Month. Mr. Paul Smith - Believes there was a City Council Code of Ethics violation by Mayor Pro-Tem Taylor. Regular City Council Meeting Tuesday, October 7, 2014 Page 19 Dr. Steve Naumovski - Discussed the appointment of Julie Bondy on the Ethnic Community Committee and his remarks to her. Mrs. Mary Marcinak - Questioned the timing for the placement of items on the City Council agenda. Mr. Jeffrey Norgrove - Thanked the DPW and Sal Conigliaro for the road repairs throughout the City, questioned salt reserves and the effect of water and sewer rates on the City with the new Detroit Authority. Ms. Jasmine Early - Discussed the Council Code of Ethics and civil disobedience. Mr. Geoff Gariepy - Discussed American's right to express their opinions. Ms. Jackie Ryan - Discussed Smart Meters and the need for a resolution to the Energy and Technology Committee (Attention: Eric Nesbitt) to allow residents to opt out at no cost. Moved by Ziarko, seconded by Romano, RESOLVED, to extend the meeting until 12:30 a.m. Yes: Ziarko, Romano, Schmidt, Skrzyniarz, Taylor, Koski. Absent: Notte. The motion carried. Ms. Verna Babula - Discussed Smart meters and spoke in favor of a resolution to Mr. Nesbitt giving residents a chance to opt out. Mr. Dennis White - Questioned the rebroadcast of City Council meetings. CONSENT AGENDA 2. Dr. Steve Naumovski discussed Item G and need for CPR training and oxygen tanks to deal with Ebola and other biological agents we may come in contact with. Regular City Council Meeting Tuesday, October 7, 2014 Page 20 Mr. Joe Judnick discussed Items C, D, E, F and H. He is against tax abatements and asked that the City Council scrap items C, D and E. In regard to Item F, he questioned the need to replace 11 vehicles and in regard to Item H, he is opposed to the purchase of the sewer vac, stating the City already has one. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of September 16, 2014, as presented. B. To approve payment of the bills as presented: General Fund - $1,179,986.96, Water & Sewer Fund - $2,998,422.14, Other Funds - $2,868,121.70, Total Checks - $7,046,530.80. C. RESOLVED, to set a public hearing on October 21, 2014 at 7:30 pm. regarding the application by Paramount Precision Products, Inc. for an Industrial Facilities Tax Exemption Certificate at 5545 Bridgewood Drive. D. RESOLVED, to set a public hearing on October 21, 2014 at 7:30 pm. regarding the application by Experi-Metal, Inc. for an Industrial Facilities Tax Exemption Certificate at 6385 Wall Street E. RESOLVED, set a public hearing on October 21, 2014 at 7:30 pm. regarding the application by Curtis Metal Finishing Company for an Industrial Facilities Tax Exemption Certificate at 6645 Sims Drive. F. RESOLVED, to purchase nine 2014 Chevrolet Caprice PPVs and two 2015 Chevrolet Tahoe SUVs from Berger Chevrolet, Inc. 2525 28th Street S.E., Grand Regular City Council Meeting Tuesday, October 7, 2014 Page 21 Rapids, MI 49512, through the Oakland County cooperative bid in the cumulative amount of $293,624.50. G. RESOLVED, to purchase thirteen (13) LIFEPAK-1000 automatic external defibrillators from Physio-Control, Inc., 11811 Willows Road NE, PO Box 97023, Redmond, WA 98073-9723 in the cumulative amount of $23,923 and authorize a $1,123 amendment to the fiscal year 2014/2015 budget using General Fund reserves. H. RESOLVED, to purchase the 2015 GAPVAX combination jet/vacuum sewer truck and a 2015 Dyna-Jet high-pressure sewer cleaning truck from The Safety Company, LLC, d/b/a M Tech Company, 7401 First Place, Cleveland, OH 44146, through the Oakland County cooperative bid at a cumulative cost of $634,711. I. RESOLVED, to split the award of the bid for public safety mobile modems and antennas as follows: (a) To NEWCOM Wireless, 575 Washington Street Pembroke, MA 02359, for seventy-four (74) Airlink GX440 LTE/EVDO modems, inclusive of power cable and 5-year warranty, at a cumulative cost of $45,140.00; (b) To TESSCO Incorporated, 11126 McCormick Road, Hunt Valley, MD 21031, for seventy-four (74) AP Tri-Mode (Cell/LTE/GPS) antennas at a cumulative cost of $5,783.84; Regular City Council Meeting Tuesday, October 7, 2014 Page 22 (c) To Brite Computers, 7647 Main Street Fishers, Victor, NY 14564, for seventy-four (74) AP (Cell/LTE) antennas at a cumulative cost of $5,494.50. J. RESOLVED, to approve agreements between the City of Sterling Heights and AT&T for telecommunication services for a three-year program at pricing available through the State of Michigan MIDeal cooperative purchasing program and authorize the City Manager to sign the agreements on behalf of the City. K. RESOLVED, to approve Change Order No. 1 for the 2014 Local Road Concrete Reconstruction Program, City Project #14-250, in the cumulative amount of $74,450 and authorize a budget amendment to use $86,360 of Local Road Fund balance reserves to fund the catch basin repairs. L. RESOLVED, to approve Traffic Control Order #5-30 to require east and west bound traffic on Merci Avenue to yield at the intersection with Early Drive. M. RESOLVED, to receive the lawsuit, David F. Kot as Attorney-in-Fact for Daniel K. Kot v. Sterling Heights Police Department, 41A District Court Case No. S-14- 3074-GZ. Yes: Koski, Romano, Schmidt, Skrzyniarz, Taylor, Ziarko. Absent: Notte. The motion carried. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool responded to questions from residents as it relates to Riverland Plaza and the significant redevelopment at that corner. He stated the new owner is refurbishing the former Kroger site and putting in a Laser Tag Zone. This business is moving from the Regular City Council Meeting Tuesday, October 7, 2014 Page 23 City of Utica. The gas station is expanding on the corner and they will have all the latest landscaping designs approved by Council a few years ago. The Glow Golf is just as it sounds, a unique feature where individuals can drive and have some putting matches during nighttime hours. Mr. Vanderpool reported with respect to salt, prices have doubled for many communities, but Sterling Heights was able to lock in pricing at $50.00 a ton before the price increase and we do have an adequate supply. In regard to the Advance Meters, Mr. Vanderpool stated DTE is in full compliance with the resolution passed by the City Council a few years ago and there is an opt out clause. The Administration would have to review House Bill 1345 to see if there is something that might be worth consideration in terms of supporting that. He will provide a report to City Council on that Bill. There was no report from Mr. Bahorski at this time. Councilman Romano stated he was under the impression that the residents had an option to opt out at no cost. He is not willing to pay $67.00 a month to opt out. Councilman Romano inquired the number of dispatchers left and the amount spent year to date on overtime. Mr. Vanderpool stated on the Advance Meters, the resolution passed by the City Council did not reference a charge. He can send a letter to the Michigan Public Service Commission; however, they completely regulate rates and determine the charges on these. He will provide a follow-up report to City Council. Regular City Council Meeting Tuesday, October 7, 2014 Page 24 Mr. Vanderpool responded on the dispatchers, we do have adequate staffing in the Police Department, but they do have to make provisions for retirements and hiring back part- time personnel because we are in a transition period with the dispatchers . He will provide a report on additional costs. ADJOURN 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 12:14 a.m. MARK CARUFEL, City Clerk