City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MARCH 3, 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, Nate Shannon, Doug Skrzyniarz, Barbara A. Ziarko. Also Present: Mark D. Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Mark Carufel, City Clerk; Meghan Ahearn, 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 spoke about the Home Chore Program offered by the Macomb County Community Services Agency (MCCSA). He stated that MCCSA assists senior citizens with grass cutting, snow removal and minor repairs. He reported that the program is available to those persons who are age 60 and older and meet income eligibility guidelines. He stated that the program is funded by the Community Development Block Grant program. Mr. Vanderpool stated that the Sterling Heights Ethnic Community Committee will be sponsoring its annual Cultural Exchange on Friday, March 13, 2015 from 6 p.m. to 10 p.m. at Regular City Council Meeting Tuesday, March 3, 2015 Page 2 the Senior Center. He stated that the Cultural Exchange will feature a wide array of ethnic music and dance, educational cultural displays from area groups and retailers, and cuisine from city restaurateurs. PRESENTATION Police Chief Michael Reese introduced and swore in new Sterling Heights Police Officers Dru Dillon and James Kirklin. Chief Reese stated that Officer Dillon comes from the Marine City Police Department and has worked at the Almont and Dryden Police Departments. He stated that Officer Kirklin comes from the Detroit Police Department and that he is currently a Master Sergeant in the US Air Force where he has served for twelve years. Chief Reese invited the City Council to congratulate and welcome the new officers to the City. Mayor Taylor congratulated the new officers and stated he looks forward to the continued reputation of excellence that they will help maintain. ORDINANCE ADOPTION 1. Ms. Bridget Doyle, Community Relations Director, stated that Cultural Commission is interested in changing its name to the better represent the good work that it does and also to differentiate between the Ethnic Community Committee. Moved by Romano, seconded by Schmidt, BE IT ORDAINED, to adopt the ordinance amending Chapter 2, Article II, Division 6 of the City Code to change the name of the Sterling Heights Cultural Commission to the Sterling Heights Arts Commission. CITY OF STERLING HEIGHTS MACOMB COUNTY, MICHIGAN ORDINANCE NO. _____ Regular City Council Meeting Tuesday, March 3, 2015 Page 3 AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE II, DIVISION 6 OF THE CITY CODE TO CHANGE THE NAME OF THE STERLING HEIGHTS CULTURAL COMMISSION THE CITY OF STERLING HEIGHTS ORDAINS: SECTION 1. Division 6 to Article II of Chapter 2 of the Code of Ordinances is amended to read as follows: DIVISION 6. ARTS COMMISSION 2-138. ESTABLISHED; TO ACT IN ADVISORY CAPACITY. There is established a cultural commission of the city, which commission shall be known as the “Sterling Heights Arts Commission” and shall act solely in an advisory capacity, whose functions, duties and powers are as hereinafter set forth. (1978 Code, § 2-138; Ord. No. ___ § , _-_-15) 2-139. COMPOSITION; APPOINTMENT, TERMS AND QUALIFICATIONS OF MEMBERS; FILLING OF VACANCIES. The Commission shall consist of 12 members who shall be appointed by the city council. All appointments to the Commission shall be for a four year term, with the term of office for three members of the Commission expiring on June 30 of each year. Vacancies on the Commission occurring before the expiration of any term shall be filled by appointment as set forth above for the unexpired terms. Members of the Commission shall be registered electors of the city upon appointment and shall remain so during their term of office. (1978 Code, § 2-139; Ord. No. 154-A, § 1, 11-25-75; Ord. No. ___ § , _-_-15) 2-140. ELECTION OF OFFICERS; ADOPTION OF BYLAWS; MEETINGS. The Commission shall, immediately after appointment, meet and organize by the election of one of its members as Chairperson and by the election of such other officers as it deems necessary. The Commission will adopt bylaws for the orderly conduct of its meetings and for the proper process of its functions. Regular meetings of the Commission shall be held monthly or as often as may be deemed necessary by the Commission. (1978 Code, § 2-140; Ord. No. ___ § , _-_-15) 2-141. DUTIES. The Commission shall: (1) Act as an advisory commission to the city council; (2) Consider, study and recommend plans for the development of city-wide cultural programs; Regular City Council Meeting Tuesday, March 3, 2015 Page 4 (3) Promote, coordinate and develop the performing and creative arts by making recommendations for programs for cultural opportunities and experiences for the citizens of the city and further to facilitate communications with the State Council for Arts and Cultural Affairs. (1978 Code, § 2-141; Ord. No. ___ § , _-_-15) 2-142. EXPENDITURES. The Commission, or any of its members, shall not incur any expense or create any obligation or liability upon the city. In the event any expenditure of city funds may be required in connection with the functioning of the Commission, prior approval of the expenditures shall first be obtained from the city council. (1978 Code, § 2-142; Ord. No. ___ § , _-_-15) SECTION 2. All other provisions of the Code of Ordinances not specifically amended shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately upon publication of a notice of adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 17th day of February, 2015, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 3rd day of March, 2015. MICHAEL C. TAYLOR, Mayor MARK CARUFEL, City Clerk INTRODUCED: 02-17-15 ADOPTED: 03-03-15 PUBLISHED: 03-08-15 EFFECTIVE: 03-08-15 Yes: All. The motion carried. CONSENT AGENDA 2. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of February 17, 2015, as presented. Regular City Council Meeting Tuesday, March 3, 2015 Page 5 B. To approve payment of the bills as presented: General Fund - $614,847.41, Water & Sewer Fund - $1,330,237.53, Other Funds - $1,411,861.37, Total Checks - $3,356,946.31. C. RESOLVED, to extend the terms and conditions of a proposal by Landscape Services, Inc., 22932 Rasch, Clinton Twp., MI 48035 for noxious weed / grass cutting for a one- year period based on the following unit pricing: 2015 Improved and Select $55.13/ea. Unimproved Lot – Flat Fee Medium / Large $93.71/hr. Unimproved Lot – Hourly Rate Add the per Unimproved $9.37/ea. Lot Fee Miscellaneous Mowing $71.66/ea. D. RESOLVED, to award the bid for mowing and maintenance of municipal sites to Green Meadows Lawnscape, Inc., 2359 Avon Industrial Drive, Rochester Hills, MI 48309, at unit pricing bid for a two-year period and authorize the City Manager to extend the bid award one additional year upon mutual consent at the unit pricing bid. E. RESOLVED, to award the bid for mowing and maintenance of City parks to Green Meadows Lawnscape, 2359 Avon Industrial Drive, Rochester Hills, MI 48309, at unit pricing bid for a two-year period, and authorize the City Manager to extend the bid award an additional one-year period upon mutual consent at the unit pricing bid. F. RESOLVED, to award the bid for the roof replacement at the Clinton River Road storage building to JD Candler Roofing, 31111 Industrial Drive, Livonia, MI 48150, in the amount of $35,353 and approve a budget amendment from General Fund reserves in the amount of $9,353. Regular City Council Meeting Tuesday, March 3, 2015 Page 6 G. RESOLVED, to reject the bids received and authorize the Purchasing Manager to proceed with a re-bid for landscaping services in connection with nuisance abatement activities. Yes: All. The motion carried. CONSIDERATION 3. Moved by Romano, seconded by Ziarko, RESOLVED, to appoint Kathryn Jiles to the Board of Ordinance Appeals – Panel I 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: All. The motion carried. 4. Mr. Brad O’Donnell and Ms. Shell Jones, representing Play-Place for Autistic Children, presented their request for a Charitable Gaming License. Mr. O’Donnell stated that autism is a group of complex disorders of brain development characterized in varying degrees by difficulty socializing, communicating effectively, and responding appropriately to their environment. He stated that autism tends to be coupled with cognitive impairment. Ms. Jones stated that her son who is autistic was her inspiration for opening Play-Place for Autistic Children. She stated that Play-Place for Autistic Children has a play-theme environment that offers a wide array of therapy, socialization, education, life skills, work, and rehabilitation programs. She reported that they would like to hold a raffle to help raise funds for their building renovations, as well as for Art Van charity challenge. Mr. O’Donnell stated that they are located at 18 Mile and Mound in Sterling Heights. He also stated that Premier Environmental Services acts as corporate sponsor to Play-Place for Autistic Children, and therefore all of the administrative staff for Play-Place for Autistic Children is on the payroll for Regular City Council Meeting Tuesday, March 3, 2015 Page 7 Premier Environmental Services so all fundraising goes straight to Play-Place for Autistic Children. Moved by Ziarko, seconded by Schmidt, RESOLVED, that the request from Play-Place for Autistic Children, of Sterling Heights, County of Macomb, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license be considered for approval; provided, however, that this action is not an endorsement of the organization and the City of Sterling Heights should not be listed on any promotional materials associated with their charitable gaming activities. Councilwoman Ziarko questioned the difference in admission revenue between 2011/12 at $70,000 and in 2012/13 at $7,000. Mr. O’Donnell stated that it was a misprint. Ms. Jones stated that the numbers were a projection, not actual, solid revenues. Councilwoman Ziarko stated that it sounds like a great place and worthy of granting the opportunity for Ms. Jones and Mr. O’Donnell to do a raffle. Councilwoman Schmidt questioned the statement in the letter that explained how the petitioners sought to open the location in Shelby Township. Ms. Jones stated that the letter was written when she intended to open in Shelby Township because she lives in Shelby Township, but she decided she wanted to be centrally located between Wayne and Oakland Counties, so they found a suitable facility in Sterling Heights. Councilwoman Schmidt stated that she is familiar with the special programs through Warren Consolidated Schools and she wishes the petitioner luck. Councilman Romano questioned what was included in the General Administration category. Ms. Jones stated that the statement is from their audited financials and the auditor was taking Regular City Council Meeting Tuesday, March 3, 2015 Page 8 into account that D-2 Abatement pays the salaries for the three employees of Play-Place for Autistic Children. She also stated that they were not able to do much fundraising in 2013 as they were looking for a building. Councilman Romano stated that it was under that classification of expenses/fundraising. Ms. Jones stated that she believes the $39,000 was a donation from Premier with the salaries. Councilman Romano specified that the financeial statements claim that there were $60,000 coming out of the $166,000 in expenses plus another $39,000 going out for fundraising, leaving only $45,000 left at the end of the year. Ms. Jones stated that the financial statement was from the auditors and she isn’t sure why the numbers were listed the way they were on the statements. She stated that everything that came in was put toward the building and start-up costs, and they did not do a lot of fundraising that year. Councilman Romano asked who could answer the questions. Ms. Jones stated that the accountant would be able to answer. Councilman Romano stated that when he first looked at the application, he was in favor of it, however, now he will not vote in favor of the license until he gets his questions answered. He stated he would like to know where all the money is going. Councilman Skrzyniarz stated that the way he had interpreted the financial statements was that their staff is paid for by another entity, so when they do their accounting statements they have to account for that so it is considered both an in-kind contribution and then they have to have an expense for that so it didn’t come out of the money they had raised, and in fact it had been donated to them to cover the expenses for the staff. Ms. Jones stated that they do have an accountant on their board and that she would call her to interpret the misunderstanding. Councilman Romano asked Mr. Vanderpool if he could explain the matter of the financial statements for the petitioner. Mr. Vanderpool responded that it’s impossible to tell what’s in Regular City Council Meeting Tuesday, March 3, 2015 Page 9 supporting services other than what was stated, however, for a not for profit, just glancing at the statements, it doesn’t seem like there is anything out of line. He stated that City Council might want to consider making their approval contingent on a complete explanation of the expenses. Councilwoman Koski stated that she had the opportunity to speak with Mr. O’Donnell and she thinks they have a tremendous program with a large space that they are going to renovate. She asked Mr. O’Donnell explain what they have done so far, what they plan on doing, how many people they have attending the programs and to list the programs that are implemented at Play Place for Autistic Children. Mr. O’Donnell stated that they have had some family events and some fundraisers where they invite families affected by autism to participate. He stated that they have had a donation funded Halloween party with between 100-120 participants. He stated that at 18 Mile and Mound they have a warehouse that they have painted and they need to start construction, but they need to hold the raffle in order to raise more money. Ms. Jones stated that they are hoping to serve about 87,000 children with special needs within the tri- county area, specifically some 8,000 children who are affected by autism in Macomb County. She stated that their doors are not open yet and that she hopes they are open by spring. She stated that most of the build-out is being funded by donations. Councilwoman Koski asked for clarification that any of the expenses they have had so far are for paychecks for a three person staff. Ms. Jones stated that all of their expenses have been for paychecks for staff and that the time period was for 3 years. Councilwoman Koski asked if any expenses had been for materials. Ms. Jones stated that there were no expenses for materials, only for a phone bill that she has mostly paid out of pocket. She stated the only expense they have had outside of staff is Regular City Council Meeting Tuesday, March 3, 2015 Page 10 for fundraising to do a pancake pajama breakfast and four or five functions throughout the 2013 fiscal year. Mayor Taylor stated that there is a detailed reconciliation of all of the amounts later in the packet of information that Play-Place provided to us that does show a justification for the $38,000 amount. He stated that it looked like there were salaries and wages and personnel costs for the fundraising activities of $12,400, special events of $16,682, rent of $500, marketing of about $5,000, printing and copying of $1,200. He stated that these are not unreasonable as anyone who has held a fundraiser knows these are not unreasonable costs. He stated that the purpose for them being here tonight is for the City Council to determine whether they are a not for profit operating within the community. He asked the petitioners if they are profiting from Play-Place and they responded no they are not. He asked if they are operating within the community and they responded yes. Yes: All. The motion carried. 5. Mayor Taylor opened the item for resident discussion. Mr. Michael Ratdke questioned if the letter that was available had been sent to the Attorney General. Mayor Taylor stated that he had sent a letter to the Attorney General asking that DTE not shut off power for Sterling Heights residents and that he do all he could do to ensure people were not being harassed. He stated that was separate from the resolution that City Council was voting on tonight. Mr. Jodie Horan spoke in favor of what the Mayor and Council have been doing regarding smart meters. He doesn’t think the residents should have to pay for Regular City Council Meeting Tuesday, March 3, 2015 Page 11 something they don’t need. He stated that there is a cost to everything and nothing is free. He stated he disagrees with the companies shutting off power. Ms. Jazmine Early thanked the Mayor for sending the letter and that it is the first step in listening to what the residents have been asking for months. Ms. Jackie Ryan thanked the Mayor, but asked why he couldn’t directly call the Attorney General and ask. She also stated that Council has begun the process by sending the letter, however, she hasn’t seen Rep. Yanez step up and do anything about the smart meters. Ms. Verna Babula stated that an ordinance needs to be passed immediately. She stated that people are coming home and finding a smart meter that they do not want placed on their house. She stated that the smart meters can cause a total power outage. She stated that the smart meters leave us open to hackers and terrorists. She stated that the smart meters can interfere with heart devices. She stated that people should have a choice. Mr. Paul Smith stated that they are moving in slow motion to get permission to send a proclamation to the Attorney General to ban smart meters. He stated that there are more people that do not want smart meters than did not want the gay rights ordinance and Council quickly passed through a resolution to send to the State requesting a statewide law. Mr. Michael Lombardini stated that he is in favor of smart meters, but Council represents the whole of Sterling Heights, including those residents who do not want smart meters. He stated that he appreciates the process they have to keep the city out of legal trouble. Regular City Council Meeting Tuesday, March 3, 2015 Page 12 Moved by Romano, seconded by Taylor, RESOLVED, to adopt the resolution requesting assistance from State Representative Henry Yanez in procuring a legal opinion from the Michigan Attorney General on questions relating to the authority of a Michigan home rule city to regulate Advanced Metering Infrastructure. Councilman Romano stated that Council needs to send the community’s questions and complaints through the right channels in order to accomplish the ultimate goal. Councilman Shannon stated that with the letter Council is showing good faith and going through the proper channels and that our representatives are doing what they can for us. He stated Council is concerned about the residents’ concerns. He stated it would be helpful if Council could view the police reports or incidents that are happening all over the city regarding smart meters. He stated that he hopes that the sources of the evidence being presented are reliable sources. He stated that creating an ordinance could be illegal and Council doesn’t want to bring on legal problems. Councilwoman Ziarko asked Mr. Bahorski if his office put together the resolution for the Attorney General. Mr. Bahorski stated that was correct. Councilwoman Ziarko stated that there is a bill that no one is acting on. Mayor Taylor stated that there is an abundance of information stating that city government doesn’t have the authority to regulate utility companies. He stated that they want to do something to help, but if we don’t have the authority to do so and DTE would ignore them. He stated that it’s not much different from if we said we have residents who cannot afford to pay utility rates so we’re going to pass an ordinance that says if you qualify under a certain income level that you don’t have to pay for your electricity. He stated that everyone would intuitively Regular City Council Meeting Tuesday, March 3, 2015 Page 13 know that we don’t have the authority to do that. He stated that if we are able to regulate the type of meter you have on your house, then we need to see that in the State laws because Council cannot violate their oath to uphold the constitution of the United States and Michigan. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Michael Raffe spoke about the May election, State financial management, the city millage, taxes, Freedom Hill. Mr. Paul Smith spoke about taxes, petition forms, May 5th election, and the prime minister. Mayor Taylor asked Mr. Carufel to address the petition issue. Mr. Mark Carufel stated that the State legislature passed legislation at the end of December of 2014 that required the development of a new petition form. He stated that it has taken a couple of months for the new forms to be printed. He stated that candidates can continue to use previous petition forms, however, his recommendation is that they move to the new form once they begin new petition sheets. He stated his recommendation is based on the legislatures ruling that the new legislation would take immediate effect. He stated that they can use and that he would approve the old and new forms, however, if someone were to challenge use of the old form that there’s no guarantee that his approval would not be overturned. He stated the main difference in the new legislation is if a candidate uses an out-of-state circulator, which is unlikely due to our candidates all being local. Mr. Joel Thomas spoke about addressing Council, spending, road improvements, dog park, and the Sterling Heights community. Ms. Moira Smith spoke about the May 5th election, the city logo and slogan, and city taxes. Regular City Council Meeting Tuesday, March 3, 2015 Page 14 Mr. Charles Jefferson spoke about spring training, Joel Thomas, Council meeting rules, farmer’s market. Ms. Jackie Ryan spoke about the petition forms, spending, Council representing the residents. Mr. Dennis White spoke about newspaper distribution. Mr. Jodie Horan spoke about bringing businesses to the city. Ms. Jazmine Early congratulated the new police officers and thanked the DPW for their hard work cleaning the streets and invited residents to attend a series viewing at the Library. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool responded to questions from residents. He stated that the city ordinance does not specifically address newspapers. He stated that the city can send a letter to the newspapers listing residents who do not wish to receive newspapers and offered that the city should meet with newspaper companies to speak about common courtesy for where newspapers should be placed. He stated that the city of Sterling Heights has one of the lowest tax rates compared to neighboring cities. He stated that the valuation of homes is going up. He stated that one of the top requests through surveying is a dog park and farmers market. Councilwoman Schmidt stated that there was a lot of talk regarding the new petitions. She stated that Council received the same emails as the rest of the candidates. She stated that it isn’t Mr. Carufel who is changing the petitions, that it is the State who is changing the petitions. She asked Mr. Carufel to clarify if a voter signs seven petitions on different days that the last signature obtained does not count, however, if a voter signs seven petitions in the same day, none of them count. Mr. Carufel responded that there are six positions for City Council so voters are limited to nominating or signing only six candidate petitions. He stated that if a Regular City Council Meeting Tuesday, March 3, 2015 Page 15 voter signs seven petitions, the last one signed, based on the date, would be excluded. However, if all seven petitions were signed on the same date, then all seven signatures would be excluded because you wouldn’t be able to decide which six petitions were signed first. Councilwoman Schmidt asked for clarification that it is possible if someone signed seven petitions that they could all be excluded. Mr. Carufel responded that it’s rare, but it could potentially happen. He stated that a candidate should ask a voter how many petitions they have signed so they can avoid that happening. Councilwoman Schmidt thanked Mr. Carufel for communicating with the City Council candidates because they now have the choice of continuing with the old petition forms or moving to the new petition forms on his recommendation. Councilman Romano stated that he has gotten phone calls from upset residents complaining that the Source has just thrown the papers up on the apron of the driveway. He stated that if it’s a home delivery that it should be delivered to the home and not on the approach or in the street. He also addressed comments made by Ms. Ryan. He stated that City Council cares about the city, they are raising families in Sterling Heights so they care. Mayor Taylor stated that he thinks all residents should be able to speak about whatever they want so long as it is germane to city business. He stated that there was talk about the city not being involved in educating residents about the May ballot proposal and that, although it is a state issue, the outcome will still affect Sterling Heights. He stated that he doesn’t see anything wrong with the city of Sterling Heights hosting an educational forum about the vote on May 5th. He stated that he encourages the Governor to explain why they should be voting yes on the proposal. Regular City Council Meeting Tuesday, March 3, 2015 Page 16 UNFINISHED BUSINESS There was no Unfinished Business discussed. NEW BUSINESS There was no New Business. ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 10:04 p.m. MARK CARUFEL, City Clerk