City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, SEPTEMBER 1, 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, 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 upcoming Labor Day holiday and reminded residents that all City offices would be closed for the entire Labor Day weekend including Friday, September 4, for a furlough day. The 41-A District Court will be closed on Monday, September 7th only. He stated there would be no refuse collection on Monday, but that the collection will resume on Tuesday and will be delayed one day through the end of the week. Regular City Council Meeting Tuesday, September 1, 2015 Page 2 Mr. Vanderpool reported the Sterling Heights Public Library is celebrating National Library Card Month this September. Thanks to the Friends of the Library, residents are eligible for free giveaways. All new library card signups will earn a small prize and be entered into a larger weekly drawing. Current card holders can win prizes as well. Giveaways will be announced at random days and times throughout September. He pointed out the library will open its doors on Sundays beginning September 13th. The library will be open from 1:00 p.m. to 5:00 p.m. on the 13th and almost every Sunday thereafter (excluding Sundays following national holidays) until next Memorial Day. To celebrate, the library is hosting a ribbon-cutting event at 12:45 p.m. followed by a special music concert. Mr. Vanderpool gave special thanks to the Mayor and Council for approving the funding to restore Sunday library hours. Mr. Vanderpool reported every year the physical, financial and management performance of all public housing authorities nationwide is evaluated by the U.S. Department of Housing & Urban Development (HUD) using the Public Housing Assessment System (PHAS). Public housing was established to provide decent and safe rental housing for eligible low-income families, the elderly and persons with disabilities. There are approximately 1.2 million households living in public housing units across the country. To ensure that this housing is decent, safe, sanitary and in good repair, HUD conducts approximately 20,000 physical inspections on properties each year. Mr. Vanderpool pointed out the City of Sterling Heights Housing Commission consistently has received high marks in Regular City Council Meeting Tuesday, September 1, 2015 Page 3 years past and this year is no exception, as this year the Housing Commission received a score of 98 of out 100. The members of the Sterling Heights Housing Commission - President Marvin Miller, Michael Venetis, Tom Szatkowski and Wanda Walker - are appointed by the City of Sterling Heights City Council. Mr. Vanderpool reported they are working with the director of MDOT to begin thinking about a strategic plan for the M-59 corridor. He pointed out in the next couple of years, MDOT will be spending approximately $30 million for the reconstruction of M-59. In preparing for this work, which is expected to begin in late 2016 and throughout 2017, the City will be working with other communities. At the conclusion of tonight's meeting, Mr. Vanderpool and the City Attorney are requesting that the City Council convene in closed session to discuss strategy in connection with the negotiation of a collective bargaining agreement; and to consider the purchase of real property. Mr. Vanderpool reported there is currently pending legislation to change Michigan's No Fault Insurance Law, which will affect everyone who buys auto insurance. He stated Representative Henry Yanez is holding a town hall meeting on September 14 at Sterling Heights High School Performing Arts Center from 6:00 to 8:00 p.m. He introduced Representative Yanez at this time. Representative Yanez reiterated that he would be holding a town hall meeting to discuss auto insurance changes. He pointed out there would be representatives from the Department of Insurance and Financial Services, representatives from Regular City Council Meeting Tuesday, September 1, 2015 Page 4 the auto industry, groups who support reform and members of the Michigan Hospital Association. A question and answer period will follow the presentations. PRESENTATION Fire Chief Chris Martin introduced and performed the swearing-in of the following individuals who have recently been hired as firefighters in the Sterling Heights Fire Department: Adam Gainer, Joseph Helmick, Sean Milliken, Kori Sinauskus and Stephen Zawicki. Mayor Taylor called a short recess at 7:50 p.m. to allow the new firefighters and their families to leave and take pictures. Mayor Taylor reconvened the meeting at 7:52 p.m. Dr. Robert Livernois, Superintendent of Schools, was present along with Sterling Heights High School Principal Craig Miller, Susan Kattula, Board of Education and Joseph Konal, Chief Academic Officer. A banner commemorating the recognition of Sterling Heights High School as one of the best high schools in America was presented for display in City hall. Mrs. Susan Kattula stated she is a board member who has had 3 children graduate from Sterling Heights High School and 2 are attending there now. She is very proud of the district and everything they have to offer. Moved by Schmidt, seconded by Romano, RESOLVED, to adopt the resolution congratulating Sterling Heights High School for being recognized as one of the Best High Schools in America by U.S. News and World Report for 2015: Regular City Council Meeting Tuesday, September 1, 2015 Page 5 ~ Resolution ~ A resolution of the Sterling Heights City Council congratulating Sterling Heights High School for being recognized as one of the best high schools in America by U.S. News and World Report for 2015. Sterling Heights High School has been recognized by U.S. News and World Report as one of the best high schools in America for 2015. Based on a comprehensive review and ranking process for more than 21,000 high schools in the United States, Sterling Heights High School was ranked 1,976th in the country and 63rd in state of Michigan. Sterling Heights High School’s ranking earned a Silver Medal, which only 10% of all the high schools reviewed were able to achieve. Only 68 high schools in Michigan earned a Silver Medal. Sterling Heights High School’s ranking is the highest received in Macomb County. The Best High Schools ranking is a joint effort by U.S. News and World Report and North Carolina-based RTI International, a global non-profit social science research firm. The rankings methodology employed is based on the following key principles: that a great high school must serve all of its students well, not just those who are college bound, and that it must be able to produce measurable academic outcomes to show it is successfully educating its student body across a range of performance indicators. This outstanding ranking is the direct product of strong leadership by Superintendent of Schools Dr. Robert D. Livernois and Principal Craig Miller, the quality educational programs available, and dedicated efforts by administrators, teachers, parents and students. All these ingredients have combined to create a positive educational environment at Sterling Heights High School where high academic achievement is a reality. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, and State of Michigan, congratulates Sterling Heights High School and its administration, faculty, staff, parents, and students for being recognized as one of the best high schools in America by U.S. News and World Report for 2015. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sterling Heights to be affixed this 1st day of September 2015. Regular City Council Meeting Tuesday, September 1, 2015 Page 6 Mark Carufel, City Clerk City of Sterling Heights Councilwoman Schmidt read the resolution that the City Council would be adopting. She stated as a parent, she appreciates their effort and the recognition is well deserved. Councilman Shannon is very proud of Sterling Heights High School and stated he did his student teaching there. Mayor Taylor expressed his congratulations and stated it's great to know we have award-winning high schools in Sterling Heights. Yes: All. The motion carried. CONSENT AGENDA 1. Mr. Joe Judnick discussed Item C and questioned whether this refers to real property or personal property; also the amount of the abatement. Mr. Paul Smith spoke against the tax abatement (Item C) and stated we should not be giving tax abatements to established businesses. Mr. Smith discussed Item D and felt the money could be better spent on roads. Mr. Smith pointed out the purchase of another new truck (Item E). Mr. Jeffrey Norgrove spoke in support of Item D and stated that is the City dinner for all the volunteer board and commission members. It's a small token of appreciation for all the people that make sacrifices of their own time for the City. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: Regular City Council Meeting Tuesday, September 1, 2015 Page 7 A. To approve the minutes of the Regular Meeting of August 18, 2015, as presented. B. To approve payment of the bills as presented: General Fund - $475,622.60, Water & Sewer Fund - $729,699.81, Other Funds - $726,644.88, Total Checks - $1,931,967.29. C. RESOLVED, to set a public hearing date on Tuesday, September 15, 2015 at 7:30 p.m. regarding the application by AGM Automotive, LLC for an Industrial Facilities Exemption Certificate at 5980 Progress Drive. D. RESOLVED, to waive the competitive bidding requirements in accordance with City Code §2-217(A)(9)(b) and purchase banquet services from Penna's of Sterling, Inc., 38400 Van Dyke, Sterling Heights, MI 48312, for the 2015 Volunteer Appreciation Banquet at the per plate fee of $25, inclusive of hall rental and gratuities. E. RESOLVED, to purchase a 2016 Ford F-250 4x4 extended cab pick-up truck equipped with snowplow package from Gorno Ford ELC, LLC, 22025 Allen Road, Woodhaven, MI 48183, through the State of Michigan cooperative bid, MIDeal contract #071B1300005, in the cumulative amount of $31,812 and authorize an amendment to the Capital Project Fund budget in the amount of $812 from General Fund reserves. F. RESOLVED, to award the bid for the official city newspaper for the publishing of legal notices and advertisements to C&G Newspapers,  Regular City Council Meeting Tuesday, September 1, 2015 Page 8 13650 11 Mile Road, Warren, MI 48089 for a one-year period based on the following unit prices: • One full page at $350.00 • Column inch at $7.00 • Classified help wanted per line at $2.00 G. RESOLVED, to adopt the resolution designating September 17th - 23rd, 2015 as Constitution Week in the City of Sterling Heights: ~ Resolution ~ Sterling Heights City Council A resolution of the Sterling Heights City Council designating September 17th through September 23rd, 2015 as Constitution Week in the City of Sterling Heights Whereas, the Constitution of the United States of America sets forth this Nation’s fundamental laws, providing the framework for its governance and the principles under which it must operate; and, Whereas, signed on September 17, 1787 by 55 delegates to the Constitutional Convention in Philadelphia’s Independence Hall, the Constitution and its amendments were written to define and protect the rights and liberties of all American citizens, and were intended to endure for ages to come; and, Whereas, through the years, the Constitution has been amended to meet the changing needs of the American people, but continues to protect our rights as citizens by exercising the principle “to rule by law, not by men;” and, Whereas, it is of great importance that all citizens fully understand the provisions and principles of the Constitution in order to support, preserve, and defend it against all encroachments; and, Whereas, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17th through 23rd as Constitution Week. Whereas, to commemorate the 228th anniversary of the Constitution of the United States of America and to encourage patriotism and reaffirmation of the ideals set forth by our Founding Fathers, the General Josiah Harmar Chapter of the Daughters of the American Revolution, Sterling Heights, MI, encourages all citizens to observe Constitution Week.  Regular City Council Meeting Tuesday, September 1, 2015 Page 9 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, and State of Michigan, hereby designates September 17th through September 23rd, 2015 as Constitution Week in the City of Sterling Heights and encourages residents to proudly fly the flag of the United States, celebrate the freedoms guaranteed by the Constitution, and reaffirm their commitment as citizens of this great nation to uphold the duties and responsibilities that good citizenship requires. IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Sterling Heights to be affixed hereto on September 1, 2015. ________________________________ Mark Carufel, City Clerk Yes: All. The motion carried. CONSIDERATION 2. Mrs. Nancy Mezza and Mr. Joe Mezza were present to explain their request for a new small wine maker license at 44443 Phoenix Drive. Moved by Skrzyniarz, seconded by Ziarko, RESOLVED, that the application from Lone Mountain Enterprises, Inc., d/b/a Buon Amici Winery, for a small wine maker license located at 44443 Phoenix Drive, Suite A, Sterling Heights, MI 48314, be considered for approval by the Michigan Liquor Control Commission. Councilman Skrzyniarz expressed his appreciation to the petitioners for starting up this business in Sterling Heights. He pointed out the reasons for the recommendation, which included the applicant's general business management experience, financial status and ability to build and operate the proposed facility, the favorable recommendation from the police and fire departments and the uniqueness of the proposed business. Regular City Council Meeting Tuesday, September 1, 2015 Page 10 Councilwoman Ziarko asked for an explanation of the process and whether the petitioners would be producing the wine themselves and if the residents could come to their establishment and make the wine themselves and have it bottled there. Mrs. Mezza responded her husband makes the wine and yes residents can have their wine bottled there. Mayor Taylor invited the petitioners to make a short public service announcement about their wine making business. Mrs. Mezza explained their wine making business and thanked Don Mende and Mark Carufel for helping them through this process. Yes: All. The motion carried. 3. Mr. Vanderpool made a presentation on the memorandums of understanding between the City of Sterling Heights and the UAW Unit 40 of Local 412 - Professional and Technical Employees and Michigan Association of Public Employees (MAPE) Technical/Office Union. He explained that prior to 2009, the library was open on Sundays, but due to funding constraints, Sunday hours were eliminated. Funding for the Sunday hours of operation at the Sterling Heights Public Library is included in the fiscal year 2015/2016 budget. Restoration of Sunday hours impacts two classifications of part-time employees who will be providing library services during the added weekend hours: Regular City Council Meeting Tuesday, September 1, 2015 Page 11 Part-time librarians hired after July 1, 2008 (represented by UAW Unit 40 of Local 412 - Professional and Technical Employees); Part-time library clerks hired after July 1, 2012 (represented by Michigan Association of Public Employees (MAPE) Technical/Office Union). He went on to state because part-time librarians hired before July1, 2008 already receive Sunday pay under the existing CBA, there was a pay equity issue with the part-time librarians hired after July 1, 2008 who are not currently eligible for Sunday pay under the existing CBA. Similarly, part-time library clerks that have been added to library staffing since 2012 do not receive Sunday pay. City Administration is recommending approval of the two MOUs. The provision of Sunday pay for these two classifications of part-time employees addresses an equity issue and allows for continued use of part-time employees at a fair pay scale. Moved by Ziarko, seconded by Schmidt, RESOLVED, to approve the memorandums of understanding between the City of Sterling Heights and the UAW Unit 40 of Local 412 - Professional and Technical Employees and Michigan Association of Public Employees (MAPE) Technical/Office Union and authorize the Mayor and City Clerk to sign all documents required in conjunction with this approval on behalf of the City. Yes: All. The motion carried. Regular City Council Meeting Tuesday, September 1, 2015 Page 12 4. Mr. Vanderpool made a presentation on the collective bargaining agreement and memorandums of understanding between the City of Sterling Heights and the Sterling Heights Police Command Officers Association. Mr. Vanderpool highlighted the new CBA: The term is three years, from July 1, 2015 to June 30, 2018. The Union membership will receive wage increases in accordance with the following schedule: Fiscal Year 2015/2016 - a lump sum bonus of 1.0% of salary and a 1.5% wage increase determined by the Police Officers Association CBA. Fiscal Year 2016/2017 - a 2.0% wage increase determined by Police Officers Association CBA. Fiscal Year 2017/2018 - To be determined by new Police Officers Association CBA. Uniform Clothing and Cleaning Allowance - The new CBA restores the clothing allowance to $1,500 per year, an increase of $750 from the expiring CBA. Shift Allowance - The shift allowance paid to a command officer working the afternoon shift is converted from $1.40 per hour to 4% of base hourly pay. Similarly, the shift allowance for working the midnight shift is converted from $1.75 per hour to 5% of base hourly pay. The new shift allowance is commensurate with the Police Officers Association methodology. Longevity - The one-third reduction negotiated in the expiring CBA is made permanent. Regular City Council Meeting Tuesday, September 1, 2015 Page 13 Deferred Compensation - The deferred compensation benefit is eliminated from the CBA. Status Quo - Starting wages, pension and health care benefits, roll call time, court time, and holiday pay all remain at the reduced levels provided under the expiring CBA. Mr. Vanderpool thanked the union board members and negotiating team consisting of the City Attorney and Human Resources Director for their work. Moved by Romano, seconded by Ziarko, RESOLVED, to approve the collective bargaining agreement and memorandums of understanding between the City of Sterling Heights and the Sterling Heights Police Command Officers Association for the period of July 1, 2015 to June 30, 2018 and authorize the Mayor and City Clerk to sign all documents required in conjunction with this approval on behalf of the City. Yes: All. The motion carried. 5. Moved by Ziarko, seconded by Romano, RESOLVED, to appoint Michael Stickney to the Board of Ordinance Appeals Panel II to a term ending June 30, 2018, 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. Moved by Ziarko, seconded by Romano, to postpone the appointment to the Board of Code Appeals to the Regular Meeting of September 15, 2015. Yes: All. The motion carried. Regular City Council Meeting Tuesday, September 1, 2015 Page 14 Moved by Schmidt, seconded by Ziarko, RESOLVED, to appoint Stephanie Guran to the Beautification Commission to a term ending June 30, 2018, 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. Moved by Schmidt, seconded by Ziarko, RESOLVED, to appoint Joyce Tye 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. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Hussan Sobh - Educational issues on the subject of the Mosque. Mr. Kenyon Cleghorn - Removal of residents' names and addresses from Planning and Council meeting minutes; Against proposed location. Mr. Mohammed Abdullah - Equality for all people. Female speaker spoke against this huge structure in her neighborhood. 13-year old American Muslim supports the building of the mosque. Ms. Rochida Taleeb, Campaign to Take on Hate; Urged everyone to meet together and discuss the issue. Mrs. Sanaa Elias - Need to debate the issue, not the people. Mr. Zachary Bliss - In favor of the building of the Mosque. Regular City Council Meeting Tuesday, September 1, 2015 Page 15 Mrs. Mary Marcinak - Public safety, need for traffic study and analysis in the area of 15 Mile and Ryan. Mrs. Wafa Cutcher - Proposed special land use doesn't fit in this area. Mr. Abraham Alizindi, American-Islamic Community Center board member - House of Worship, people working together. Ms. Debbie Rossi - Leader of protest on 15 Mile Road, against proposed special land use. Mr. Joe Judnick - Road repairs, priorities. Dr. Ichabod Aleric, member of American Islamic Community Center - In support of this community structure. Melinda - Fear of the unknown; Misconception about Muslims. Mr. Ollie Ajaz - Islamic Community Service Center, value of diversity. Rev. Michail Curro, Executive Director of the Interfaith Center for Racial Justice - Building bridges of understanding, importance of discussion and dialog. Male speaker- Apologized to the mosque people about the meeting of August 18th and stated at the end of the day we are all one family. Ms. Abdullah, student at Wayne State University - Respect for all people. Mr. Paul Smith of Sterling Heights - Definition of political signs on residential and non-residential property. Mr. Charles Jefferson - Time limits for Communications From Citizens, Location of mega churches in Sterling Heights. Regular City Council Meeting Tuesday, September 1, 2015 Page 16 Mr. Matt Weir - Public safety, Governing body responsible for registrations and inspections of businesses; Signs on businesses. Meghan - Hatred and bigotry clouds the issue, which is not about religion. Mr. Robert Lulgjuraj - Thanked Council for his appointment to the Ethnic Community Committee; Against discrimination, Resident's voices need to be heard. Mrs. Jazmine Early - Comments made against other residents, urged Planning Commission to listen to the residents. Koseka - Member of Islamic Community Center - Building of mosque for people to worship close to home. Female speaker- Constitutional rights, lowering of home values. Mr. Dennis White - Placing this house of worship on this property would be detrimental to the neighborhood. Mr. Harry Marchlones of Sterling Heights - Whether the mosque is properly suited for this location, tragic events that have taken place. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Vanderpool or Mr. Bahorski at this time, other than the request for closed session at the conclusion of the meeting. Councilman Skrzyniarz discussed the rule of law and stated he heard a different tone this evening. He thanked everyone for their comments and talk about reconciliation. He likes the idea of a formal dialog between parties. Regular City Council Meeting Tuesday, September 1, 2015 Page 17 Councilman Shannon invited all interested seniors to attend a seminar at the Senior Center on September 24 at 9:00 a.m. A financial planner, Mr. Wakefield, will be providing some very valuable information. Councilwoman Schmidt stated the issue of the proposed mosque goes before the Planning Commission on September 10th. The traffic and safety concerns have been raised and she inquired whether a traffic study has ever been done in this area. She also inquired whether there was input from the police and fire departments. She asked Mr. Vanderpool to provide a report for City Council. Councilman Romano discussed the large amount of road repairs that are occurring in the City of Sterling Heights and asked Mr. Vanderpool to elaborate on them. Mr. Vanderpool agreed there is a great deal of construction going on in the City, with the spending of about $6 million this year in residential areas. Councilman Romano asked the speaker who addressed the deteriorating roads to provide the City Clerk with the streets so he can have the DPW review them. Councilwoman Koski discussed the LED lights on Ryan Road between 14 and 15 Mile Roads. In regard to a traffic study in the area of 15 Mile and Ryan, Councilwoman Koski believes that MDOT studied that area recently. She requested Mr. Vanderpool have a conversation with them and suggest a reduction in the speed limit. Mayor Taylor thanked all the speakers for their comments and stated it is a step in the right direction. Regular City Council Meeting Tuesday, September 1, 2015 Page 18 In regard to the roads, Mayor Taylor asked residents to write down the names of the streets that need pothole repair or email the City Council members and the repairs will be done. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Moved by Ziarko, seconded by Schmidt, to recess to closed session to discuss strategy in connection with the negotiation of a collective bargaining agreement; and to consider the purchase of real property. Roll call vote: Yes: Ziarko, Schmidt, Skrzyniarz, Taylor, Koski, Romano, Shannon. The motion carried. The meeting was recessed at 10:01 p.m. ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 10:34 p.m. MARK CARUFEL, City Clerk