City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MAY 17, 2016 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, Michael C. Taylor, and Barbara A. Ziarko. Council Member absent: Doug Skrzyniarz. Also Present: Mark D. Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Mark Carufel, City Clerk; Carol Sobosky, Recording Secretary. APPROVAL OF AGENDA Moved by Koski, seconded by Romano, to approve the Agenda as presented. Yes: Koski, Romano, Schmidt, Shannon, Taylor, Ziarko. Absent: Skrzyniarz. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported on a couple of important dates coming up, including Sterling Heights Police Law Day Ceremony taking place on Thursday, May 19th, 2016 at 10 a.m. at the north entrance to City Hall, or in the Council chambers in the event of inclement weather. This ceremony proudly honors the fallen officers who have served the City of Sterling Heights, including Officer Leroy Imus, Capt. Regular City Council Meeting Tuesday, May 17, 2016 Page 2 Norman Stolzenfeld and Officer Mark Sawyers. He announced the Sterling Heights Memorial Day activities starting on Monday, May 30th at 9am in the courtyard between the City Hall and the Police Department, with a ceremony to honor military personnel who served our country, and the parade immediately following the ceremony. He advised that there is more information on the City’s website. Mr. Vanderpool announced that the City offices, including 41A District Court, will be closed the entire holiday weekend, including Friday, May 27th for in- service training day. Refuse collection will not be picked up on Monday. It will start on Tuesday and will be delayed one day throughout the week, ending on Saturday. Mr. Vanderpool reviewed the regulations on fireworks, noting that the State law allows the use of consumer-grade fireworks on the day before, the day of and the day after a national holiday, which includes New Year’s Day, Martin Luther King Jr.’s birthday, George Washington’s birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day. On these designated days, he advised that fireworks can only be discharged between 7 a.m. and midnight, with spectators required to remain a minimum distance of 25 feet away, and 50 feet away if they are minors. He advised that the City enforces this ordinance to the best of its ability, so anyone in violation risks the chance of getting issued a citation from the City if fireworks are discharged outside of those days and hours. There is more information available on the Regular City Council Meeting Tuesday, May 17, 2016 Page 3 City’s website, and he added that anyone who hears fireworks in their neighborhoods on a day or time they are not allowed is welcome to contact the Police Department. Mr. Vanderpool informed the Farmer’s Market will begin on June 2nd, and will run from 3 p.m. to 8 p.m. every Thursday through the end of September, with the exception of the Sterling Fest week. More information is available on the website and regular updates can be provided by going through the “Notify Me” link. Mr. Vanderpool announced that June 3rd, 2016 will be Sterling Heights Day at the new Jimmy John’s Field located north of M-59 near Dobry, with the Eastside Diamond Hoppers versing the Utica Unicorns. Tickets for this event are available to Sterling Heights residents for $14.50 each, which includes a grandstand ticket to the game, a hot dog and a soft drink, and the tickets can be purchased by going to www.uspbl.com/events/2016-05 and choosing the June 3rd game, using the promo code “Sterling 2016” and the special rate will be available. Mr. Vanderpool provided an update on Sterling Pride and Shine. He reminded that every Saturday during the month of May, items not generally picked up during regular curbside pickup can be dropped off at the DPW facility. These items can include paint, tires, chemicals, propane tanks to name a few. The first Saturday in May, 245 vehicles came through DPW to dispose of various goods, and the staff filled three 40-yard dumpsters with yard waste and various other items, 8 pallets of chemicals and over 1,000 cans of paint. This past Saturday, 233 cars dropped off the same items and again filled three 40-yard dumpsters. He Regular City Council Meeting Tuesday, May 17, 2016 Page 4 noted there are two Saturdays remaining for this service and he urged residents to take advantage of it. Mr. Vanderpool reported on the very active Code Enforcement Division. So far this year they have cleaned up 41 properties, with 19 cases scheduled during May to be adjudicated by the Ordinance Board of Appeals. Pride and Shine Clean-Up Day, held on May 7th, was attended by approximately 75 volunteers who cleaned up 26 homes. He stated the City, along with the homeowners who received the services, were very grateful for the work done, and there will be another opportunity to volunteer in the fall. He commented that the City’s contractor responsible for mowing properties that are in violation of the City’s 6-inch rule tagged 191 properties and mowed 60 properties in the first week alone. This program will continue throughout the summer, and is a rather unique program to Sterling Heights that works very well. Anyone who observes a violation in their neighborhood is urged to contact the City and they will make sure it is mowed within a couple of days. The City contractor’s and DPW personnel will continue to mow the rights-of-way and medians weekly throughout the growing season. Mr. Vanderpool closed his announcements by showing a slide of a “Welcome to Sterling Heights” sign, informing that approximately 40 of these signs are being put up along the City’s borders. He added that the old faded, and sometimes rusted, signs are being replaced. Regular City Council Meeting Tuesday, May 17, 2016 Page 5 PRESENTATION Police Chief Berg introduced the newest member of the Sterling Heights Police Department, Mr. Donovan Leonard. He is from the City of Wyandotte, attended Oakland Community College and Wayne State University, graduating with a degree in Criminal Justice, and a few weeks ago, graduated from the Wayne County Regional Police Academy. The Swearing-In Ceremony took place for Mr. Leonard. Mr. Leonard thanked the City of Sterling Heights for giving him the opportunity to work for them. He stated he is recently out of the academy and this is his first choice of where he would like to be employed, so he is happy to be here. Mayor Taylor congratulated Mr. Leonard and added they are looking forward to having him as part of the City’s Police Department, noting that this Department is one of the best in the State of Michigan. Ms. Bridget Doyle, Community Relations Director, was proud and honored to present Sterling Heights with a flag and certificate announcing that their city has been named a commemorative partner with the United States of America Vietnam War 50th Commemoration. She advised that, as part of the program, Sterling Heights will host two events per year from 2016 to 2018 to honor Vietnam Veterans and she reviewed some of the upcoming plans. She thanked Councilman Shannon for bringing this important program to their attention and supporting their process moving forward, and she called attention to the new banners along Utica Road, “Honoring Our Heroes”. Ms. Doyle assured that in Regular City Council Meeting Tuesday, May 17, 2016 Page 6 2017 and 2018, they will be working with the local VFW and American Legion, as well as other city departments, to make sure they are adequately supporting their duties as a commemorative partner. She thanked the City Manager and City Council for continued support of their efforts Moved by Shannon, seconded by Ziarko, RESOLVED, to receive the commemorative flag and certificate from the United States Department of Defense in honor of Sterling Heights becoming a "Vietnam War Commemorative Partner." Councilman Shannon stated he was made aware of this commemoration about eight months ago and he felt the City should be part of this program. He contacted Ms. Doyle, she went through the process of getting the application approved, and he thanked her for her leadership. He felt it is important to recognize and honor the sacrifices of the Vietnam veterans and that the City has not forgotten their service to the Country. He looked forward to participating in the commemorative events in the future, and he urged veterans to contact either himself or the City if they have any ideas for events that would be appropriate for the 50 Year Commemoration. Councilman Shannon informed that he did some research to find out if there were any names from Sterling Heights on the Vietnam Veterans Memorial Wall in Washington, D.C., and there is one name, Sgt. Gary Keith Moore, from Sterling Heights, Michigan. He recognized him specifically, and requested of Ms. Doyle that, possibly for future commemorative activities, they could include Sgt. Moore’s name into those commemorations. He suggested Regular City Council Meeting Tuesday, May 17, 2016 Page 7 that Mr. Lombardini, a member of the Historical Commission, could possibly assist by doing some research Sgt. Moore and gather more information about him. Yes: Shannon, Ziarko, Koski, Romano, Schmidt, Taylor. Absent: Skrzyniarz. The motion carried. CONSENT AGENDA 1. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Special Meeting of April 26, 2016, the Special Meeting of May 4, 2016 and the Regular Meeting of May 4, 2016, as presented. B. To approve payment of the bills as presented: General Fund - $713,578.47, Water & Sewer Fund - $1,490,000.54, Other Funds - $953,127.81, Total Checks - $3,156,706.82. C. RESOLVED, to set a public hearing on Tuesday, June 7, 2016 at 7:30 p.m. regarding the application by J. G. Kern Enterprises, Inc. for an Industrial Facilities Tax Exemption Certificate at 44044 Merrill Road. D. RESOLVED, to set a public hearing on Tuesday, June 7, 2016 at 7:30 p.m. regarding the application by Beta Steel Corporation for an Industrial Facilities Tax Exemption Certificate at 6300 Hughes Drive. E. RESOLVED, to award the bid for red infield conditioner to Phoenix Stone Co., 74 Floral Avenue, Mt. Clemens, Michigan 48043, for the period May 18, 2016 through January 1, 2017 at unit prices bid. Regular City Council Meeting Tuesday, May 17, 2016 Page 8 F. RESOLVED, to purchase Goodyear automobile and miscellaneous replacement tires at pricing available through the State of Michigan MiDeal contract, #071B6600043, through March 31, 2017. G. RESOLVED, to : (A) Accept the proposal by North Star Mechanical, Inc., 50650 Corporate Drive, Suite A, Shelby Township, Michigan 48315, as the primary contractor for heating and cooling maintenance and repair services for a two-year period, with an option for the City Manager to extend pricing, terms and conditions of the proposal an additional one-year period upon vendor’s consent; and (B) Designate Arctic Air, Inc., 4918 Fernlee Avenue, Royal Oak, Michigan 48073, as the secondary contractor providing competitive estimates for repair or replacement of heating and cooling equipment in excess of $1,000. H. RESOLVED, to approve final payment to Michigan Joint Sealing, Inc., 28830 W. Eight Mile, Suite 103, Farmington Hills, Michigan 48336, in the amount of $31,476.52, plus interest on retainage for the 2015 Joint Sealing Program, City Project #15-272. I. RESOLVED, to approve the Cost Sharing Agreement for 14 Mile Road Resurfacing from Ryan Road to Mound Road, subject to approval by the Macomb County Department of Roads, and direct the Mayor and City Clerk to execute the Agreement on behalf of the City of Sterling Heights. Regular City Council Meeting Tuesday, May 17, 2016 Page 9 J. RESOLVED, to approve the Bypass Lane and Shoulder Easement and Storm Sewer, Catch Basin, and Manhole Easement for the installation of public improvements for the Hannebauer Estates Site Condominiums, PSP14-0028, and authorize the Mayor and City Clerk to execute all documents required in conjunction with this approval. K. RESOLVED, to: (A) Waive the competitive bidding requirement in accordance with City Code §2-217(A)(9)(b) and approve a contract for the 2016 Local Road Concrete Reconstruction Program, City Project #16-283 and City Center Court Parking Lots Reconstruction, City Project #16-287, between the City of Sterling Heights and Galui Construction, Inc., 33805 Harper Avenue, Clinton Township, Michigan 48035, in the cumulative amount of $2,669,000 and authorize the Mayor and City Clerk to sign all documentation required in conjunction with this approval; and (B) Authorize a budget amendment in the amount of $496,000 from General Fund Reserves. L. RESOLVED, to approve the Administrative Services Contract with Blue Cross Blue Shield of Michigan for the period July 1, 2016 through June 30, 2017, with monthly fees of $56.04 per employee/retiree contract for administration, $1.61 per employee/retiree contract for Total Care Management, and $49.70 per employee/retiree contract for specific stop loss insurance at a $250,000 self-insured retention, and authorize the Mayor and Regular City Council Meeting Tuesday, May 17, 2016 Page 10 City Clerk to sign all documents required in conjunction with this approval, upon review and approval by the City Attorney. M. RESOLVED, to accept a proposal by Reliance Standard Life Insurance Company for life, accidental death and dismemberment, and long-term disability insurance for the period July 1, 2016 to July 1, 2018 at the following monthly rates: Employee and Retiree Life Insurance $0.12 per $1,000 of coverage Employee Accidental Death & Dismemberment Insurance $0.02 per $1,000 of coverage Employee Long-Term Disability Insurance $0.23 per $100 of covered payroll N. RESOLVED, to approve the agreement with Cornerstone Municipal Advisory Group, LLC, 50 W. Big Beaver, Suite 220, Troy, Michigan 48084, for healthcare and benefits consulting services at a cost of $75,000 annually, for the period July 1, 2016 through June 30, 2019, and authority the City Manager to sign all documents required in conjunction with this approval. Yes: Koski, Romano, Schmidt, Shannon, Taylor, Ziarko. Absent: Skrzyniarz. The motion carried. CONSIDERATION 2. Ms. Jazmine Early questioned the qualifications needed to be appointed to the Planning Commission. She indicated there is a long list of applicants interested in that appointment. Regular City Council Meeting Tuesday, May 17, 2016 Page 11 Mr. Charles Jefferson commented that the Planning Commission has an important function in Sterling Heights, and he questioned the nomination process. He was concerned because people do not know this is a volunteer position, and not much information is provided about the candidate prior to the appointment. He felt the public should have a chance to vet the candidate. Mr. Joel Thomas commented that the gentleman being considered for the appointment is well-qualified for the job, but he suggested there needs to be more transparency in the appointment process because Planning Commissioners have an important job. Mayor Taylor explained this is a mayoral nomination, and he will be nominating Mr. Geoff Gariepy as an appointee to the Planning Commission. Moved by Romano, seconded by Schmidt, RESOLVED, to nominate Mr. Geoffrey Gariepy for consideration as an appointee to the Planning Commission at the June 7, 2016 regular City Council meeting. Councilman Romano reminded that all Commissioners serve at the pleasure of the Council. Mr. Gariepy is a nominee at this point and hopefully will be appointed at the next meeting after they have an opportunity to “check him out”. Councilman Romano stated that Mr. Gariepy has been a political activist in Sterling Heights for a number of years, he has voted in every type of election and has been very involved in the political process. He felt Mr. Gariepy is a good candidate. He addressed the question raised about how these candidates are Regular City Council Meeting Tuesday, May 17, 2016 Page 12 selected, and he pointed out that they are constantly advertising for volunteers to serve on these committees, and will even ask people to serve in this capacity if they feel that individual would be a good candidate, although he acknowledged many do not want to accept the commitment. He agreed with Mayor Taylor in his recommendation. Mayor Taylor addressed Mr. Jefferson’s concern about the public not having a chance to vet a candidate, and he noted that is why he changed the process several years ago. The nomination takes place, with a two-week interim period where the candidate can be vetted publically, and then appointed at the next meeting following plenty of time for public comments. He stated this is not done for every committee but only for what they consider to be the six most important committees for appointments. Mayor Taylor explained he had requested Mr. Gariepy submit an application because he felt he would be one of the most, if not the most, qualified candidates in the City for this position, adding he is very deliberate, very well spoken and an excellent communicator. He felt Mr. Gariepy will be an excellent addition to that Commission, adding that he is a devoted family man, very interested in seeing the City flourish, and he takes particular interest in planning issues. He assured that this nomination is not knocking any of the other applicants on the list, and he acknowledged that many of them are highly qualified and would also do a great job. Yes: Romano, Schmidt, Koski, Shannon, Taylor, Ziarko. Absent: Skrzyniarz. The motion carried. Regular City Council Meeting Tuesday, May 17, 2016 Page 13 COMMUNICATIONS FROM CITIZENS Mr. Michael Lombardini – spoke very highly of Mayor Taylor’s candidate for the Planning Commission. Mr. Charles Jefferson – concerned about bicyclists and pedestrians being safe and aware of traffic around them. Suggested a net be put up at the ball diamonds on 18-1/2 Mile between Van Dyke and Mound to keep baseballs from being hit onto the roadway. Requested clarification on instructions for SeeClickFix app for the cell phone. Mr. Geoff Gariepy – humbled by his nomination for Planning Commission and looking forward to being successfully appointed. Clarified he will still be able to continue with his blog site, and expressed concern over dangerous traffic situation on 15 Mile Road near Ryan. Mr. Dennis White – concerned about the sound of lawnmowers from morning until night. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool responded to the question about hours that lawnmowers can operate, stating he believes it is similar to construction activity, which can begin at 7 a.m. until 9 p.m. He appreciated Mr. White’s concern but felt it will ease up after the next few weeks. He offered to look into what other cities might be doing to address that concern. Mr. Vanderpool provided an update on the succession plan to address the significant turnover that they have seen throughout the entire labor force, Regular City Council Meeting Tuesday, May 17, 2016 Page 14 including at the manager and director level. City Council recently approved two transition positions, one being Deputy Clerk and the other being Deputy HR position. He informed the Deputy Clerk position has been filled and they are working on the Deputy HR position. He commented that the succession plan is working very well, and allows about a one-year overlap so the person can work side-by-side and make sure there is no disruption in service through the turnover. He was pleased to announce that the City Attorney, Mr. Jeff Bahorski, has been hired by the City of Sterling Heights as Assistant City Manager starting June 1st, 2016, and will assume the duties of Human Resource Director in June 2017. He has been employed by the Sterling Heights law firm of O’Reilly Rancillio for the past 16 years, and during the last 12 years, he has continuously represented the City as City Attorney. He reviewed his activities and involvement with the City in many facets, and added that many of his contributions were recognized in 2014 when he was named “Administrator of the Year”. Mr. Vanderpool stated Mr. Bahorski has excellent legal skills, but is also creative, has an entrepreneurial spirit and is very passionate about the continued success of the City. He felt this appointment fits perfectly with the City’s succession planning model and he was pleased to have Mr. Bahorski join the City’s outstanding leadership team. The City Council will consider the appointment of a new city attorney from the O’Reilly Rancillio firm next month. Mr. Bahorski thanked Mr. Vanderpool and the City Council, and stated he has been evolving into this role almost daily for the last five years. He loves this city Regular City Council Meeting Tuesday, May 17, 2016 Page 15 and has raised his family here, being a resident in this city since 1988. He stated he is very excited to join this team. Mayor Pro-Tem Romano was excited to have Mr. Bahorski join the City but felt he has always been a part of the City. He is confident that the new legal representation from O’Reilly Rancillio will continue to do a good job for them as well. Councilwoman Schmidt echoed Mayor Pro-Tem Romano’s sentiments, and thanked Mr. Bahorski for all he has done for the City, counseling them in the best interest of the City. She felt he has always been someone she can trust, and the new position seems like a perfect fit for him because he has been so involved in the union negotiations over the years, and is well-liked and trusted. She was confident that whoever comes on board from O’Reilly Rancillio as Mr. Bahorski’s replacement will stand up to the challenge, and she looks forward to that as well. Councilwoman Koski stated the City is fortunate to have Mr. Bahorski as part of the Sterling Heights family. She stated she has enjoyed working with him and will miss him. She hoped he will select a good replacement from O’Reilly Rancillio to serve as their legal counsel. Councilman Shannon congratulated Mr. Bahorski on this new venture. He agreed with Councilwoman Schmidt’s use of the word “trust” to describe Mr. Bahorski’s character. He was happy with the larger role Mr. Bahorski has accepted and wished him luck. Regular City Council Meeting Tuesday, May 17, 2016 Page 16 Councilwoman Ziarko knew the Bahorski family prior to meeting Jeff. She commended him on being honest and trustworthy, and she was impressed with his vision for and love of the City. She felt he is the perfect fit for this department, and was confident they will once again have another very capable attorney from the O’Reilly Rancillio firm. Mayor Taylor clarified that Mr. Bahorski will be leaving the O’Reilly Rancillio firm so he will not be working for O’Reilly and the City of Sterling Heights. O’Reilly Rancillio will continue to be the legal firm representing the City of Sterling Heights, and he believed there will be a contract brought up at the next City Council meeting extending their services. He stated that, as an attorney himself, he understands the close relationship between an attorney and a client, and how the attorney does everything possible to help the client. Mr. Bahorski has been very intimately involved in the labor negotiations and disputes over the last few years, and that type of relationship creates a feeling for the attorney of being an extension of the client and being part of that company, or in this case, part of the City. He was confident this is a good fit for Mr. Bahorski, and he is excited for him to be brought on to the team. He felt Mr. Bahorski serving in this capacity will be great for the residents and employees alike. Mayor Taylor is also confident that the new attorney will be committed to the city, and he will have the ability to learn from Mr. Bahorski. He thanked Mr. Vanderpool for helping to make this happen, which he attributed to being a very creative way to work Regular City Council Meeting Tuesday, May 17, 2016 Page 17 through this succession plan that is going very smoothly. He congratulated Mr. Bahorski on his long career as the City attorney. UNFINISHED BUSINESS There was no Unfinished Business discussed. NEW BUSINESS There was no New Business discussed. ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: Ziarko, Romano, Koski, Schmidt, Shannon, Taylor. Absent: Skrzyniarz. The motion carried. The meeting was adjourned at 8:34 p.m. MARK CARUFEL, City Clerk