City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, JANUARY 20, 2015 IN CITY HALL Mayor Michael C. Taylor called the meeting to order at 7:30 p.m. Mayor 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. Also Present: Mark Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Mark Carufel, City Clerk; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Moved by Koski, seconded by Romano, to approve the Agenda as presented. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported on the Unemployment Rate and pointed out the City of Sterling Heights has maintained its position in sixth place, which is still very favorable compared with other municipalities. In regard to the Foreclosure Rate, it has declined almost 80% since 2010 from 874 to the present 174. Mr. Vanderpool reported the Sterling Heights Beautification Commission is once again encouraging families to get out and enjoy Mother Nature's winter gift by participating in and welcoming entries in the 2015 Snowman/Snow Sculpture Contest. Regular City Council Meeting Tuesday, January 20, 2015 Page 2 Mr. Vanderpool reported the Sterling Heights Public Library is partnering with a Project called S.N.A.P. to bring The World is in Our Hands, a community event that will capture the voices of Sterling Heights residents though their individual artwork. The final result will be the creation of a giant mosaic mural, a single "big picture", made from the artworks and messages that members of our community create. Refreshments will also be provided on Saturday, January 31 from 10:30 a.m. to 4:30 p.m., Tuesday, February 10 from 2:30 to 4:00 p.m. and Friday, February 20 from 1:30 p.m. to 4:30 p.m. He encouraged all residents to take notice of this event and participate. Mr. Vanderpool updated the City Council and resident on the Advance Metering infrastructure technology, better known as smart meters. He pointed out the smart meter technology, including rates and equipment, is solely regulated by the Michigan Public Service Commission and the State of Michigan. Mr. Vanderpool stated there is some pending legislation that would allow concerned customers across the state to opt out and continue to use their existing analog meters. He stated anyone interested in keeping their analog meters should encourage their state legislators to pass that legislation. Mr. Vanderpool stated there is a meeting scheduled for February 2nd at 10:30 in the City's Library Programming Center. It will be hosted by Representative Henry Yanez and hopefully officials from the State of Michigan will attend to address the residents' concerns. PRESENTATION Chief Judge Michael Maceroni administered the Oath of Office to the newly appointed City Council member, Nate Shannon. Regular City Council Meeting Tuesday, January 20, 2015 Page 3 Councilman Shannon was honored to represent the City and stated it is with great pride that he sits at this table. He is grateful for the trust placed upon him by the City Council members. Councilman Shannon assured the residents that he would take this job very seriously. He stated he will help Sterling Heights to continue to be the premier City it is today. Councilman Shannon thanked his wife, Lori, his children Madeline and Brody, his Mother-in-Law Linda, his parents and all his other family, friends and supporters. CONSENT AGENDA 1. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of January 6, 2015, as presented. B. To approve payment of the bills as presented: General Fund - $705,554.50, Water & Sewer Fund - $2,302,696.91, Other Funds - $505,004.94, Total Checks - $3,513,256.35. C. RESOLVED, to award the bid for water service parts to HD Supply Waterworks, Limited Partnership, d/b/a HD Supply Waterworks, 6575 23 Mile Road, Shelby Township, MI 48316-4407 for a one-year period at unit prices bid. D. RESOLVED, to reject the bids received for storm and sanitary sewer repairs and authorize the Purchasing Manager to proceed with the issuance of a Request for Qualifications from qualified underground contractors. E. RESOLVED, to adopt the resolution in support of the City of Sterling Heights' application for a Blanket Maintenance Permit issued by the Macomb County Department of Roads for work in county right-of-ways. Yes: All. The motion carried. Regular City Council Meeting Tuesday, January 20, 2015 Page 4 CONSIDERATION 2. Mayor Taylor asked for a postponement of the Mayoral Appointment to the Elected Officials Compensation Commission to the first meeting in February. Moved by Ziarko, seconded by Taylor, RESOLVED, to postpone the appointment to the Elected Officials Compensation Commission to the February 3, 2015 regular City Council meeting. Yes: All. The motion carried. Moved by Romano, seconded by Schmidt, RESOLVED, to appoint Mary Calabro to the Beautification Commission to a term ending June 30, 2017, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Councilman Romano stated by way of background, Ms. Calabro has been in the City well over forty years. This was one of her first choices and he believes she will do a great job and is a good choice. Yes: All. The motion carried. Moved by Romano, seconded by Schmidt, RESOLVED, to appoint Thomas Szatkowski to the Housing Commission to a term ending December 31, 2019, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Councilman Romano pointed out Mr. Szatkowski is a retired engineer and forty-four year resident. This was one of his first choices also and he believes he will make a good appointee. Regular City Council Meeting Tuesday, January 20, 2015 Page 5 Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mayor Taylor explained due to the large number of people that would be speaking and in an effort to facilitate the meeting, he would be exercising a Council rule and limiting speakers to three minutes. He asked that Sterling Heights residents speak first and then non-residents would have an opportunity to be heard. Mr. Mike Lombardini - Request for speakers to identify their City of residence. Ms. Jasmine Early - Appointment of Nate Shannon. Mr. Mike Morrow - Opposed to Smart Meters. Mr. Jeff Norgrove - Appointment of Nate Shannon; Fire merger. Mr. Charles Jefferson - 18 Mile and Van Dyke plaza; Neighborhood Watch coordinator for his subdivision; Appointment of Julie Bondy; Appointment of Nate Shannon. Ms. Linda Godfrey - Nominating petitions; Smart Meters/feeder homes; Consolidation of Fire Department study. Mr. Joe Mazzola - Smart Meters and effects on health. Ms. Susan Kohandricks - Smart meters opt out option and need for information. Mr. George Renshaw - Letter from DTE regarding Smart Meters, health risks, illegal surveillance. Ms. Linda Worsbeck - Opposed to Smart Meters and charges to opt out, DTE threats to shut off power. Mr. Paul Smith - December 2001 Ban on Smart Meters, DTE promise not to install Smart Meters until 2016. Regular City Council Meeting Tuesday, January 20, 2015 Page 6 Mr. Richard Hotchmaker - Smart Meters, people being controlled against their will. Ms. Susan Marsh - Smart Meters health risks, Harassment by DTE. Mr. Paul Wilke, Allen Park resident - Smart Meter activist asking for Council to pass an ordinance. Mr. Joel Thomas - Process for appointment of Council member; Van Dyke project and need for road improvements in other areas. Ms. Jennifer Abed - Smart Meter health risks. Ms. Carol Wiegand - Smart Meters, tracking of information, health risks. Ms. Lorraine Drozdowski - Smart Meters opt out, intimidation by DTE, Need for Council assistance. Ms. Sanaa Elias - Smart Meters, Council protection for the residents. Mrs. Moira Smith - Against 3 minute time limit. Mr. Paul Quire - Smart Meter health risks, need for Council's assistance. Mr. Richard Ostrom - Smart Meters, Council's need to fight for the residents. Ms. Verna Babula - Smart Meters, Council protection for the residents. Ms. Matilda Donagelski - Opposed to Smart Meters, health hazard and violation of privacy, Need for a hotline. Ms. Jackie Ryan - Smart Meters, protection for residents, Notification of February 2nd meeting. Ms. Sara Parent - Smart Meters, Council protection for the residents. Mr. Tom Mitchell - Smart Meters, Need for City Council to pass an ordinance ASAP. Ms. Linda Lutona - Smart Meter health risks, Council's ability to solve the problem. Regular City Council Meeting Tuesday, January 20, 2015 Page 7 Mr. Don Fleming from Novi - Smart Meter health concerns, DTE's refusal to remove the meter. Mr. Steve Lindsey from Shelby Township - Smart Meters, Thanked people of Sterling Heights for renewing his faith in mankind. Ms. Leonella Weir from Clinton Township - Smart Meters, DTE's treatment of customers, spying and effects of radiation. Mr. Richard Meltzer from Southfield - Smart Meters, encourage City Council to protect their residents, RF measurements, lack of information from DTE, Opt out program. Mr. William Ackman from Roseville - Smart Meters, DTE's actions against the residents, Deceptive opt out program, health risks, Spying, need for City Council assistance. Mr. Chris Snyder from Warren - Smart Meters, threats and intimidation by DTE. Mr. Kenneth Roads from Macomb Township - Smart Meter dangers. Mr. John Hunt, Sterling Heights resident - Smart Meters, opt out and cost for multiple meters. Mr. David Lonier from Auburn Hills - Smart Meters, amount of radiation from meters, cumulative effects of radiation, Council's legal right to pass an ordinance. Mr. Troy Simonson from Washington, MI - Smart Meter and immediate health issues, fire dangers. Ms. Deanna Hilbert - Smart Meter opt out program. Ms. Linda Cusamano, licensed Michigan builder - Smart Meters, support for residents, health, safety and privacy issues with smart meters, health risks to children, need for City Council to pass an ordinance to protect the residents. Regular City Council Meeting Tuesday, January 20, 2015 Page 8 Mr. Frank Augusta from Warren - Smart Meter health issues. Mr. Dominic Cusamano - Smart Meter health risks, deceptive opt out program, Council's need to pass an ordinance. Mr. John Holton from Shelby Township - Smart Meters, effects of radiation, need for representation. Ms. Karen Springer from Warren - Smart Meters, constitutional rights, need for information. Mr. Mark Forten from Chesterfield Township - Smart Meters, people's right to privacy. Mr. Joseph Hunt from Warren - Smart Meters, threats from DTE. Mr. Chuck Snyder from Clinton Township - Smart Meter education, deceptive opt out program. Ms. Sue Andiver from Shelby Township - Urges residents to check out the website - smartmetereducation.com. Mr. John Tatter from Farmington Hills - Smart Meters, Council's right to represent the residents, threats by DTE. Ms. Silve Beckner, Sterling Heights resident - Opposed to smart meters. Ms. Joanne Duett from Clinton Township - Smart Meters, safety and health effects, modification of meters with a filter to make them safe, urge Council to take the lead and ban smart meters. Mr. Ron Sass from Westland - Smart Meters, republic in action, Council's right to protect the citizens of Sterling Heights. Ms. Kim Wallace from Rochester Hills - Smart Meters, biological hazards, DTE threats. Regular City Council Meeting Tuesday, January 20, 2015 Page 9 Mr. Walter Michael from Troy - Smart Meters, withholding of information from customers, lack of certification on smart meters. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool responded to residents that there is only one opt out fee for multiple meters, per DTE. Councilman Skrzyniarz spoke concerning smart meters stating he represents the citizens and not DTE. He thanked everyone for coming out this evening and speaking on the issue. He discussed emissions from various electronic devices and inquired whether those signals would be the same as what is coming out of the smart meters. He asked Mr. Bahorski what would be the legal ability to unilaterally vote an ordinance to ban smart meters in Sterling Heights. Councilman Skrzyniarz stated that State Representative Yanez is also very concerned about this and he will be hosting a meeting at the library on February 2nd, and he encouraged everyone to attend and to speak with other legislators on this issue. Councilman Skrzyniarz stated there is an issue coming up in May and everyone will be voting on a new sales tax increase. He has received a lot of questions on the issue and asked that City Administration plan for a meeting in early March at the Velocity Center to hold a public forum to inform the residents and allow them to ask questions and that state legislators would attend that forum. Councilman Romano stated everyone on City Council has heard the residents and understands the problem. He stated there is strength in numbers and he asked the residents that attended from other cities and townships to contact their own municipalities Regular City Council Meeting Tuesday, January 20, 2015 Page 10 and encourage them to contact Sterling Heights so that we could band together and get something done on this issue as there are strength in numbers, and then as a group we could go to our legislators and ask them to do something. He stated he did not want it on his house, Council is behind them 100%, but they need some tools to work with. Mayor Taylor stated there is not a City Council member that would vote against an ordinance that says any resident can opt out and keep their analog meter for free, but we can only do what we have the authority to do. He stated we could pass an opt-out ordinance regarding smart meters and try and enforce it, but it would be overturned by the circuit court and we would be sued by DTE. Mayor Taylor commented that we heard from 55 speakers but he did not hear from any speaker that another community passed an ordinance on smart meters that was upheld by the courts. If it has happened, he asked for anyone to email him a copy of the ordinance that was upheld by the courts. Mayor Taylor stated we want to help, but that there is only so much authority this City Council has and that we want to help, but the only avenue we have is to pressure our state legislators to act on your behalf. Mayor Taylor stated that the courts will uphold the rule of law and the state of the law in Michigan is that public utilities are regulated by the Michigan Public Service Commission and not by local elected officials. Mayor Taylor asked the speakers to bring him some authority that shows us we can do this. He stated we need to focus our collective energy to influence the state and change the state of law here in Michigan. Mayor Taylor thanked the speakers for coming tonight and respecting the three minute Regular City Council Meeting Tuesday, January 20, 2015 Page 11 limitation. Mayor Taylor congratulated and welcomed Mr. Shannon to City Council and looks forward to working with him. ADJOURN Moved by Ziarko, seconded by Taylor, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 10:08 p.m. MARK CARUFEL, City Clerk