City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, NOVEMBER 17, 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, Maria G. Schmidt, Nate Shannon, Doug Skrzyniarz, Michael C. Taylor, Barbara A. Ziarko. Council Member absent: Joseph V. Romano (arrived at 7:40 p.m.) 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 Taylor, to approve the Agenda as presented. Yes: Koski, Taylor, Ziarko, Schmidt, Shannon, Skrzyniarz. Absent: Romano. The motion carried. Mayor Taylor announced that Councilman Shannon welcomed a new daughter on Thursday, November 12th. REPORT FROM CITY MANAGER Mr. Vanderpool reported Ford has announced it will be investing $9 billion in their manufacturing facilities across the country, creating a total of 8,500 new jobs. This includes a $400 million investment in Sterling Heights Axle, to make new axles for the Regular City Council Meeting Tuesday, November 17, 2015 Page 2 Ford Explorer, Expedition and Lincoln Navigator while continuing to make current axles. In addition, the Van Dyke Transmission Facility will realize $650 million to add three new transmissions. The total investment will exceed $1 billion in Sterling Heights. He pointed out this along with FCA's billion dollar-plus investment in Sterling Heights Assembly Plant is "fueling" massive synergy along the Van Dyke corridor and beyond. This is tangible evidence that manufacturing investments result in significant economic impact to the entire region and Sterling Heights is leading the way. Mr. Vanderpool reported with the new Fiat Chrysler Automotive agreement, new investment is expected at SHAP in the near future. Mr. Vanderpool reminded everyone that City offices would be closed for business on Thursday, November 26 and Friday, November 27 for the Thanksgiving Day holiday. The City's refuse collection will be delayed one day the week of Thanksgiving. Mr. Vanderpool reminded everyone they only have a little over one week to finish cleaning up their yards and disposing of leaves. The separate collection of yard waste for the 2015 calendar year ends on Friday, December 4th. Mr. Vanderpool reminded everyone that the employees of the Sterling Heights Department of Public Works are gearing up for another season of collecting non- perishable food with the Ken Stempowski Memorial Food Drive. Donations to benefit the Macomb Food Program are now being accepted at the Sterling Heights Public Works facility between the hours of 8 a.m. and 4 p.m., Monday through Friday and at the Community Relations Department. Collections will be accepted through Friday, December 11th. Regular City Council Meeting Tuesday, November 17, 2015 Page 3 Mr. Vanderpool reported the Sterling Heights F.O.P., in cooperation with the Sterling Heights Police Department and Target, is hosting another Cops and Kids Holiday program at 8:30 a.m. on Saturday, December 12th. Each child will spend approximately $100 on toys and gifts. Residents are invited to recommend a needy family or make a monetary donation. Mr. Vanderpool reported the 37th annual A Sterling Christmas will be held on Saturday, December 5th at 5:45 p.m. - 8:30 p.m. in Dodge Park. The official ceremony will begin at 6:00 p.m. with entertainment, the lighting of holiday decorations and the arrival of Santa Claus. The event activities will include pony rides, a petting farm, wagon rides, carousel and caroling around a campfire. Mr. Vanderpool reported the Fall SHINE clean up day was held this past Saturday. The 70 volunteers were able to clean up 28 homes throughout the City. He thanked all the volunteers and First Baptist Church of Sterling Heights for hosting the event. CONSENT AGENDA 1. Moved by Koski, seconded by Taylor, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of November 4, 2015, as presented. B. To approve payment of the bills as presented: General Fund - $648,022.77, Water & Sewer Fund - $2,963,626.43, Other Funds - $2,098,351.91, Total Checks - $5,710,001.11. Regular City Council Meeting Tuesday, November 17, 2015 Page 4 C. RESOLVED, to purchase two Argus thermal imaging cameras, Model MI-320-3 Storm, from First Due Fire Supply Company, 207 E. Kipp Road, Suite A, Mason, MI 48854, at a total expenditure of $13,300.00 D. RESOLVED, to approve the application for and use of Edward Byrne Memorial Justice Assistance Grant (JAG) Program funding to purchase miscellaneous equipment/supplies for the Sterling Heights Police Department's Special Response Team in the cumulative amount of $16,216.56 and authorize a budget amendment to recognize the grant proceeds for the amount of the purchase. E. RESOLVED, to split the award of the bid for truck transport and tank wagon deliveries of unleaded gasoline and diesel fuel to the following vendors based on bid factors included in their respective bids for a two-year period, with the option to extend the terms and conditions an additional two years upon mutual consent: Truck Transport deliveries: 1. RKA Petroleum Companies, 28340 Wick Rd., Romulus, MI 48174, and 2. Ports Petroleum Co., Inc., 1337 Blacheyville Road, Wooster OH 44691. Tank Wagon deliveries: 1. RKA Petroleum Companies, 28340 Wick Rd., Romulus, MI 48174, and 2. Atlas Oil Company, 24501 Ecorse Rd., Taylor, MI 48180. Regular City Council Meeting Tuesday, November 17, 2015 Page 5 F. RESOLVED, to adopt the resolution approving the Agreement to Assign Water Service Contract between the City of Sterling Heights, City of Detroit and Great Lakes Water Authority: Agreement to Assign Water Service Contract This Agreement to Assign Water Service Contract ("Agreement") is entered into by and between the City of Sterling Heights, a Michigan municipal corporation ("Customer"), City of Detroit, by its Water and Sewerage Department, a Michigan municipal corporation ("Detroit"), and the Great Lakes Water Authority, a Michigan municipal authority and public body corporate created pursuant to Act 233 of 1955 ("GLWA"), (collectively, the "Parties"), and states as follows: ~ Recitals ~ A. Detroit and Customer entered into a water service contract dated July 22, 2008, as subsequently amended ("Contract"), which is fully incorporated by reference; and B. On June 12, 2015, Detroit and the GLWA entered into a lease agreement whereby the GLWA was conveyed, amongst other items, a leasehold interest in all Detroit water facilities ("Water Lease Agreement"); and C. Pursuant to Sections 4.1(a)(i), 4.1(d) and 4.4 of the Water Lease Agreement, Detroit has assigned and the GLWA has assumed all of Detroit's rights, duties, liabilities, responsibilities and obligations (collectively, "Rights and Obligations") under the Contract without any impairment to the Contract; and D. Article III of the Water Lease Agreement provides that the effective date of the Water Lease Agreement is dependent upon the satisfaction of certain conditions precedent, including obtaining the consent of Customer to the assignment of its Contract to the GLWA as provided in Section 3.2(j); and E. The Parties intend to achieve a novation of the Contract by the substitution of the GLWA for Detroit with respect to all rights and Obligations under the Contract; and Accordingly, in consideration for Detroit's agreement to assign its Rights and Obligations under the Contract, and the GLWA's agreement to assume those Regular City Council Meeting Tuesday, November 17, 2015 Page 6 Rights and Obligations, and the Customer's agreement to accept this substitution, the Parties agree as follows: 1. The GLWA shall be assigned Detroit's Rights and Obligations under the Contract as of the date upon which the conditions precedent to the Water Lease Agreement have been met, which date shall be the effective date of the novation and of this Agreement ("Effective Date"). All terms and conditions of this Agreement shall take effect only upon the Effective Date. In the event that the conditions precedent necessary to effectuate the Water Lease Agreement are not met, then this Agreement shall become null and void and shall have no legal effect. 2. The Rights and Obligations of Detroit under the Contract shall be extinguished and Detroit waives any claims and rights against the Customer that it now has or may have in the future in connection with the Contract and shall not be permitted to bring any such claims against Customer. Any claim brought in violation of this Agreement shall be controlled by the terms of the Water Lease Agreement. 3. The GLWA shall be bound by and perform the Contract in accordance with the terms and conditions of the Contract. The GLWA assumes all Rights and Obligations of, and all claims against, Detroit under the Contract as if the GLWA were the original party to the Contract. The GLWA ratifies all previous actions taken by Detroit with respect to the Contract, with the same force and effect as if the action had been taken by the GLWA. 4. The Customer recognizes the GLWA as Detroit's successor in interest in and to the Contract and that the GLWA is entitled to all rights, titles and interests of Detroit in and to the Contract as if the GLWA were the original party to the Contract. 5. All terms, conditions, and covenants of the Contract shall remain in full force and effect, and the GLWA shall fulfill all such terms, conditions and covenants. 6. This Agreement and all actions arising under it shall be governed by the law of the State of Michigan. 7. This Agreement may be executed and delivered in counterparts, including by facsimile transmission, each of which will be deemed an original. Regular City Council Meeting Tuesday, November 17, 2015 Page 7 In Witness Whereof, the Parties, by their duly authorized officers and representatives, indicate their concurrence with the terms and conditions of this Agreement: City of Detroit, Water and Sewerage Department: By:_____________________________________ Sue F. McCormick Its: Director Great Lakes Water Authority: APPROVED BY GLWA BOARD OF DIRECTORS ON: By:_____________________________________ ____________________________ Sue F. McCormick Date Its: Interim Chief Executive Officer City of Sterling Heights: By:_____________________________________ Michael C. Taylor Its: Mayor By:_____________________________________ Mark Carufel Its: City Clerk APPROVED BY STERLING HEIGHTS CITY COUNCIL ON: November 17, 2015 Date Yes: Koski, Taylor, Ziarko, Schmidt, Shannon, Skrzyniarz. Absent: Romano. The motion carried. Regular City Council Meeting Tuesday, November 17, 2015 Page 8 CONSIDERATION 2. Mr. Vanderpool explained the Memorandum of Understanding between the City of Sterling Heights and the Sterling Heights Executive Group. He stated under the existing labor agreements between the City and the Sterling Heights Executive Group, key directors in City Administration are scheduled to separate from employment in an orderly fashion as part of an overall succession plan. The City Clerk/Risk Manager and Human Resources Director are stated to separate from employment in June, 2017 followed by the Finance and Budget Director in June, 2018. In order to facilitate an orderly transition during the succession plan, the City intends to recruit, hire and train successors for the positions of City Clerk, Finance and Budget Director and Human Resources Director while the current members are still employed. It is anticipated that the deputies would work under the supervision of and be trained by the incumbent City Clerk, Finance and Budget Director and Human Resources Director until the separation date set forth in the MOU. Because the existing labor agreements do not recognize the job classification of "deputy", the City and the Sterling Heights Executive Group have negotiated this Memorandum of Understanding (MOU) that allows the City to recruit, hire and train successors for the various positions while the current members are still employed. Recommendation is being made to approve the MOU as presented. It is in the City's best interest to have successors in place who are trained and have real time experience in these critical positions. The MOU decreases the likelihood of having City operations negatively impacted during the succession plan. Regular City Council Meeting Tuesday, November 17, 2015 Page 9 Mr. Vanderpool acknowledged the willingness of this bargaining unit to work collaboratively through this important labor issue. (Councilman Romano arrived - 7:40 p.m.) Mr. Jeffrey Norgrove requested that the Finance and Budget Director's replacement be as good or better than Mr. Baker. He suggested Mr. Baker write a book detailing his duties for future finance directors. Moved by Ziarko, seconded by Schmidt, RESOLVED, to approve the Memorandum of Understanding between the City of Sterling Heights and the Sterling Heights Executive Group and authorize the Mayor and City Manager to sign it on behalf of the City. Councilwoman Schmidt questioned the signers of the agreement and inquired why it didn't list the City Clerk and City Manager as other MOU's in the past. Mr. Bahorski responded Mr. Carufel would have a conflict because he is part of the Executive Group. Councilwoman Schmidt pointed out this agreement is a no brainer and a way of forward thinking. She is in total support of it. Yes: All. The motion carried. 3. Mr. Vanderpool made a presentation on his recommendation for the appointment of Michael Moore as the City's Public Works Director effective November 21, 2015. He pointed out in accordance with both the City Charter and the collective bargaining agreement (CBA) between the City and the Sterling Heights Executive Group (SHEG), City Council confirmation of this appointment is required. Regular City Council Meeting Tuesday, November 17, 2015 Page 10 Mr. Vanderpool provided background on Mr. Moore and explained the Memorandum of Understanding that provides the option to return to a job classification provided for in the AFSCME Local 1917 Department of Public Works Supervisory Employees bargaining unit if required at any point in the future. Mr. Vanderpool recommended the appointment of Michael Moore as the Public Works Director for the City of Sterling Heights, pointing out he has demonstrated his ability to handle the duties of the position while serving as the Interim Director of Public Works when Mr. Conigliaro retired. Moved by Romano, seconded by Ziarko, RESOLVED, to: A. Confirm the City Manager's appointment of Michael Moore as the Public Works Director effective November 21, 2015 in accordance with the Charter of the City of Sterling Heights; and, B. Approve the Memorandum of Understanding between the City of Sterling Heights and the Sterling Heights Executive Group and authorize the Mayor and City Manager to sign it on behalf of the City. Councilman Romano expressed his confidence in Mr. Moore's ability to handle the job. Mayor Taylor stated on behalf of the rest of the City Council, he is very gratified that Mr. Moore will become the Public Works Director. He pointed out the important role the DPW plays in every aspect of the City. Yes: All. The motion carried. Regular City Council Meeting Tuesday, November 17, 2015 Page 11 4. Mr. Scott Edwards, attorney representing Central Florida Restaurants, explained the request and pointed out no new construction or remodeling will be undertaken and the restaurant will continue to be operated as a TGI Friday's. Moved by Schmidt, seconded by Ziarko, RESOLVED, that the request to transfer ownership of a 2015 Class C liquor licensed business with Sunday sales (AM and PM) permit and specific purpose permit located at 33703 Van Dyke, Sterling Heights, MI 48312, from TGI Friday's, Inc. to Central Florida Restaurants Inc. (a California Corporation) be considered for approval. Councilwoman Schmidt pointed out this is a common occurrence when corporations shuffle papers. She has no problem with this recommended transfer. Yes: All. The motion carried. 5. Moved by Skrzyniarz, seconded by Schmidt, RESOLVED, to appoint Kathryn L. Thudium to the Solid Waste Management Commission 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. Moved by Ziarko, seconded by Romano, RESOLVED, to postpone the remaining appointment to the Solid Waste Management Commission to the Regular City Council meeting of December 1, 2015. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Regular City Council Meeting Tuesday, November 17, 2015 Page 12 Mr. Jeffrey Norgrove - Successful Veteran's Day ceremony; Upton House events; Suggest reopening of Dispatch issue. Mr. Joel Thomas - Refuse contract. Mrs. Jazmine Early - Election; Refuse contract; Board and Commission appointment. Mrs. Dolores Hatton - Refuse contract; Assistance for seniors; Wanda Park road repairs. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There were no reports from Mr. Vanderpool or Mr. Bahorski at this time. Councilman Romano pointed out all Council members receive contributions toward their campaigns, so he disagrees with the speaker who singled out Councilman Shannon. He also stated it is not true that Waste Management is pushing for the larger garbage cans and agrees with both speakers about the size of the containers. Councilman Romano stated the City Council gives the citizens more than ample time to speak and when that section of the agenda is closed, it should remain closed. Councilman Shannon addressed some of the comments made by Mr. Thomas as it relates to his motion on the refuse contract. He pointed out his reason for making that motion is that he wants to save money for the residents of Sterling Heights. The City Council will review the bids when they come in and make a decision at that time. Councilman Shannon addressed some of the comments made by Mrs. Hatton and stated she made a number of premature assumptions about the refuse contract. Councilman Skrzyniarz thanked Bridget Doyle, Mr. Vanderpool and his team for the Veteran's Day events that took place this past week, stating it was a great event. Regular City Council Meeting Tuesday, November 17, 2015 Page 13 Councilman Skrzyniarz clarified a number of statements made regarding the refuse issue. He stated he wants to receive feedback from the residents on the three options: 1 - To keep what we have now. 2- To look at universal recycling, which means everyone would have a large recycle bin and recycle from their home at no extra cost. 3- To look at a standard garbage can, not for recycling, but for regular garbage in 3 different sizes: 96 gallon, 64 gallon and 32 gallon. Councilman Skrzyniarz stated the reason for the third option is because of technology with the garbage industry, which will permit the hauler to use a truck with an electronic arm to dump the large garbage cans into the truck. It would eliminate the two-man trucks and save the company money. The City Council is seeking prices to address the City's waste in the next 5-6 years. He encouraged residents to provide feedback while the bid process is underway. Councilwoman Ziarko addressed all the positive events that occurred in the City last week and the appearance of Congressman Sander Levin at the three events. Councilwoman Koski requested Mr. Vanderpool provide the City Council with an update on the dispatch issue. She inquired whether there is any other city or township coming on board and if Clinton Township is satisfied with the service. Mayor Taylor stated the residents have ninety days to provide feedback on the refuse issue and he encouraged them to submit their questions or concerns to the City Council at a public meeting or individually to Council members. Regular City Council Meeting Tuesday, November 17, 2015 Page 14 Mayor Taylor agreed that it has been a very busy week in Sterling Heights with all the good things going on. He stated he would not be here for the next City Council meeting and wanted to express his gratitude to the Police Chief Michael Reese for his 37 years with the City of Sterling Heights. He stated he has done a phenomenal job in keeping the City safe. ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 8:28 p.m. MARK CARUFEL, City Clerk