City Council

Delivered June,15 2017 Agenda Item 4-A Meeting: June 20, 2017 CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, JUNE 6, 2017 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, Gary Lusk, Maria G. Schmidt, Nate Shannon, Liz Sierawski, Michael C. Taylor, Barbara A. Ziarko. Also Present: Mark Vanderpool, City Manager; Marc D. Kaszubski, City Attorney; Mark Carufel, City Clerk; Carol Sobosky, Recording Secretary. APPROVAL OF AGENDA, Moved by Koski, seconded by Ziarko, to approve the Agenda as presented. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported that DTE is reconstructing a substation on the west side of Schoenherr Road, between Canal and M-59, directly across the street from Christian Financial Credit Union. He stated there will be about 20 temporary poles erected on the site until all the permanent equipment is installed, and they anticipate construction will be completed by the end of the year. The Circuit transfers will be completed next year, after which all the temporary facilities will be removed. The project value is approximately $7 million, and it will improve Regular City Council Meeting Tuesday, June 6, 2017 Page 2 service reliability as well as the substation site itself being improved aesthetically with new and additional landscaping, including 25 newly-planted trees. Aside from equipment entering the site, there will be no disruption of traffic on Schoenherr. Mr. Vanderpool provided an update on the activity in the City’s major and neighborhood parks as a result of the ReCreating Recreation millage that was approved in November 2016. He outlined the improvements at the multiple parks. With City Council’s approval this evening, the transformation of the park system continues, and Mr. Vanderpool encouraged residents to visit the parks and take advantage of the new amenities. Mr. Vanderpool outlined a unique cost-saving program involving an agreement between the City and the Michigan Municipal Risk Management Authority (MMRMA) Energy Choice Program, which allows members to take advantage of deregulated electric rates by purchasing electricity through a non-DTE carrier, which, in the City’s case, is Schneider Electric. At that time, the City could enroll 5 of their 62 electrical accounts in the program, but participation was at that time, and remains, ‘capped’ by the State of Michigan. He showed an annual summary depicting the savings over the years, with savings in the 2016 calendar year amounting to nearly $30,000, and a total combined savings over the years more than $200,000. They will continue to use it and he hoped in time the State will ease the cap. He thanked Mr. Jim Buhlinger, Purchasing Manager, for coordinating the City’s participation. Regular City Council Meeting Tuesday, June 6, 2017 Page 3 Mr. Vanderpool informed the Christian Financial Credit Union will be constructing its new headquarters at the northwest corner of 15 Mile and Van Dyke in Sterling Heights. He discussed some of the features of the site and showed renderings of the proposed development, noting the parking lot is in the back of the building. He highlighted this project because it is one of many going on in the Van Dyke corridor. East of this project, adjacent to Holiday Inn Express, plans for another hotel are being submitted, with another commercial development to the north. He stated this is one more example of how important economic development is to the local economy. The City’s low tax rate, comparatively low water and sewer rates and pro-business practices fuel major investments long the Van Dyke corridor. They expect to announce another major manufacturing investment in the corridor within a few months. Mr. Vanderpool concluded his report by requesting that City Council convene a Closed Session under Section 8(h) of the Open Meetings Act to consult with the City’s legal counsel regarding trail or settlement strategy in connection with pending litigation. PRESENTATION Mayor Taylor stated this is a swearing-in ceremony for the new Sterling Heights Police Officers, presented by Interim Police Chief Dale Dwojakowski. Interim Chief Dwojakowski thanked the Mayor, City Council and administration for allowing their department to go through with their promotions and hiring. He stated this is the 40th police officer hired in just over two years. They had nine Regular City Council Meeting Tuesday, June 6, 2017 Page 4 promotions last week so they are going through a lot of change in the Police Department. Interim Chief Dwojakowski introduced the three new police officers who started employment on May 22nd, 2017: Officer Wendell Potts, who graduated from Ferris State University with a bachelor’s degree in Criminal Justice and is in the Army National Guard; Officer Eni Suvaria, born in Albania and comes from the City of Southfield after graduating from the Macomb Police Academy with an associate’s degree in Criminal Justice; and Officer Jessica Wilhelm, a graduate of Ferris State University with a bachelor’s degree in Criminal Justice. He swore in the three new officers. Officer Potts thanked everyone for this opportunity and is looking forward to being with the Sterling Heights Police Department for many years. Officer Suvaria thanked the City administration and City Council for the opportunity to work here, and he thanked Interim Chief Dwojakowski and the rest of the Police Department for hiring him. He thanked his family for helping him get to this point. Officer Wilhelm thanked the City administration and the City Council for this opportunity, and she looks forward to spending her career in Sterling Heights. Interim Chief Dwojakowski stated the City is fortunate to have 85 people on their hiring list, and he attributed the high numbers to the combination of a well-run city, a great resident base, low crime rate, and good pay and benefits. He stated he is proud of the City, and welcomed the new officers to the Department. Regular City Council Meeting Tuesday, June 6, 2017 Page 5 The City Council members congratulated the new officers, and pictures were taken. Mayor Taylor welcomed the three new officers on behalf of City Council. He stated the hiring of 40 new officers in a little over two years shows the commitment the City has to its Police Department, and it shows the commitment the residents have to public safety. He noted the City has the highest rated fire department in the State of Michigan, and very likely the most respected police department in the State of Michigan. They have earned the distinction of being the “Safest Big City in Michigan” and one of the safest big cities in the country. He stated they are extremely proud to have these three new officers on board. PUBLIC HEARING 1. Mayor Taylor explained this is a public hearing to consider the request by Kemp & Peyerk, LLC to establish an Industrial Development District (IDD) at 6555, 6575 and 6605 East 14 Mile Road. He invited Mr. Luke Bonner to give the presentation. Mr. Luke Bonner, Senior Economic Development Advisor, stated there are two public hearings this evening for Industrial Development Districts, and he provided an update on the current industrial market in southeast Michigan, citing statistics compiled by a global real estate firm. He stated there was 2.5 million square feet of industrial space leased in the first quarter of 2017, and there is currently 3.8 million square feet of industrial space under construction. He informed that out of all regions in southeast Michigan, Macomb County has the lowest vacancy rate Regular City Council Meeting Tuesday, June 6, 2017 Page 6 of 1.7%, and the highest net lease rate at $6.63 per square foot, showing that the demand is outpacing the supply, and industrial developers are starting to build spec buildings on industrial real estate. Mr. Bonner presented the application by Kemp and Peyerk, LLC, for three parcels on 14 Mile Road, addressed as 6555, 6575 and 6605 East 14 Mile Road. It is a 14-acre site, and Mr. Tom Kemp is present this evening, representing Kemp Building, and his partner is Mr. Chris Peyerk, president of Dan’s Excavating. They will soon be submitting plans for a 130,000-square-foot speculative building, and are confident that space will be leased quickly. He stated he and Mr. Kemp are available to answer questions. Mayor Taylor opened the public hearing. There were no questions or comments from the audience. Mayor Taylor closed the public hearing. Moved by Ziarko, seconded by Sierawski, RESOLVED, to adopt the resolution approving the application by Kemp & Peyerk, LLC to establish an Industrial Development District (IDD) at 6555, 6575 and 6605 East 14 Mile Road. Mayor Taylor has had meetings and talked with industrial property owners, and the demand for industrial space is high, so he was pleased to see the industrial, commercial and residential markets coming back so strong. Yes: All. The motion carried. ~ Resolution ~ A resolution of the Sterling Heights City Council establishing an Industrial Development District. Regular City Council Meeting Tuesday, June 6, 2017 Page 7 Minutes of the regular meeting of the City Council of Sterling Heights, Michigan, held on the 6th day of June, 2017, at the City Hall, 40555 Utica Road, in Sterling Heights, Michigan, at 7:30 p.m.: PRESENT: Deanna Koski, Gary Lusk, Maria G. Schmidt, Nate Shannon, Liz Sierawski, Michael C. Taylor, Barbara A. Ziarko. ABSENT: None The following preamble and resolution were offered by: Barbara A. Ziarko and supported by: Liz Sierawski. Resolution Establishing an Industrial Development District for Kemp and Peyerk, LLC (Applicant). WHEREAS, pursuant to PA 198 of 1974, as amended, this City Council has the authority to establish “Industrial Development Districts” within Sterling Heights; and WHEREAS, Applicant has petitioned this City Council to establish an Industrial Development District on its property located in Sterling Heights hereinafter described; and WHEREAS, construction, acquisition, alteration, or installation of a proposed facility has not commenced at the time of filing the request to establish this district; and WHEREAS, written notice has been given by mail to all owners of real property located within the district, and to the public by newspaper advertisement in the Sterling Heights Sentry newspaper and/or public posting of the hearing on the establishment of the proposed district; and WHEREAS, on June 6, 2017 a public hearing was held at which all owners of real property within the proposed Industrial Development District and all residents and taxpayers of Sterling Heights were afforded an opportunity to be heard thereon; and WHEREAS, the City Council deems it to be in the public interest of Sterling Heights to establish the Industrial Development District as proposed; and NOW, THEREFORE, Regular City Council Meeting Tuesday, June 6, 2017 Page 8 BE IT RESOLVED by the City Council of Sterling Heights that the following described parcels of land situated in Sterling Heights, Macomb County, and State of Michigan, to wit: 6555, 6575 and 6605 East 14 Mile Road 10-33-376-008-000 M 747B1 $T2N,R12E SEC 33 PART OF SE 1/4 OF SW 1/4 LYING W OF MCRR R/W DESC AS FOLL; COMM AT SW COR SEC 33; TH S89*30'E 2073.57 FT ALG S LINE SEC 33 TO PT OF BEG; TH N02*30'30"E 937.81 FT; TH N89*24'E 385.48 FT; TH S01*27'45"W 416.78 FT ALG W R/W LINE OF MCRR; TH N89*30'W 330 FT; TH S01*27'45"W 528 FT TO S LINE SEC 33; TH N89*30'W 72.29 FT TO PT OF BEG. 4.501 A 10-33-376-009-000 M 748 $T2N,R12E SEC 33 BEG AT INTER OF W LINE OF M.C.R.R. R/W & S LINE SEC 33; TH N32 RODS; TH W 20 RODS; TH S 32 RODS; TH E 20 RODS TO PT OF BEG 4 A. 10-33-376-007-000 M 747B2A1 $T2N,R12E SEC 33 BEG AT A PT WHICH IS S89*30'E 1998.57 FT FROM SW COR OF SEC 33; TH N02*30'30"E 170 FT; TH N89*30'W 141.11 FT; TH N02*30'30"E 763.65 FT; TH N89*24'E 216.30 FT; TH S02*30'W 937.81 FT TO S LINE SEC 33; TH N89*30'W ALG S LINE SEC 33 75.0 FT TO PT OF BEG. 4.089 A. is established as an Industrial Development District pursuant to the provisions of PA 198 of 1974, as amended. AYES: 7 NAYS: 0 RESOLUTION DECLARED ADOPTED. I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Council of Sterling Heights, County of Macomb, Michigan, at a regular meeting held the 6th day of June, 2017. __________________ Mark Carufel, City Clerk Regular City Council Meeting Tuesday, June 6, 2017 Page 9 2. Mayor Taylor explained this is a public hearing to consider the request by SDE Mancini Holdings, LLC, to establish an Industrial Development District (IDD) for real property fronting 18-1/2 Mile Road, between Van Dyke Avenue and Mound Road, commonly known as PIN 10-09-200-051-000. He invited Mr. Luke Bonner to give the presentation. Mr. Luke Bonner explained this is for vacant property that does not yet have an address assigned. It is a former 10-acre MDOT parcel that was the former 18-1/2 Mile right-of-way that was acquired by SDE Mancini Holdings, LLC, represented tonight by Mr. Eddie Mancini. He informed that Mr. Mancini has been negotiating with a future tenant for an 80,000- to 100,000-square-foot building on this site. He stated the Mancini family, over decades, has developed the 19 Mile Road industrial corridor that has brought a tremendous tax base to the City. He explained that creating an IDD at this location will allow part of the negotiation Mr. Mancini is having with his potential tenant, and they could come back at a future date and apply for an Industrial Facilities Exemption Certificate. He stated he and Mr. Mancini are available for questions. Mayor Taylor opened the public hearing. There were no questions or comments from the audience. Mayor Taylor closed the public hearing. Moved by Shannon, seconded by Schmidt, RESOLVED, to adopt the resolution approving the application by SDE Mancini Holdings, LLC to establish an Industrial Development District (IDD) on real property fronting on 18-1/2 Mile Regular City Council Meeting Tuesday, June 6, 2017 Page 10 Road, between Van Dyke and Mount Road, and commonly known as PIN 10-09- 200-051-000. Yes: All. The motion carried. ~ Resolution ~ A resolution of the Sterling Heights City Council establishing an Industrial Development District. Minutes of the regular meeting of the City Council of Sterling Heights, Michigan, held on the 6th day of June, 2017, at the City Hall, 40555 Utica Road, in Sterling Heights, Michigan, at 7:30 p.m.: PRESENT: Deanna Koski, Gary Lusk, Maria G. Schmidt, Nate Shannon, Liz Sierawski, Michael C. Taylor, Barbara A. Ziarko. ABSENT: None The following preamble and resolution were offered by: Nate Shannon and supported by: Maria G. Schmidt. Resolution Establishing an Industrial Development District for SDE Mancini Holdings, LLC (Applicant). WHEREAS, pursuant to PA 198 of 1974, as amended, this City Council has the authority to establish “Industrial Development Districts” within Sterling Heights; and WHEREAS, Applicant has petitioned this City Council to establish an Industrial Development District on its property located in Sterling Heights hereinafter described; and WHEREAS, construction, acquisition, alteration, or installation of a proposed facility has not commenced at the time of filing the request to establish this district; and WHEREAS, written notice has been given by mail to all owners of real property located within the district, and to the public by newspaper advertisement in the Sterling Heights Sentry newspaper and/or public posting of the hearing on the establishment of the proposed district; and Regular City Council Meeting Tuesday, June 6, 2017 Page 11 WHEREAS, on June 6th, 2017 a public hearing was held at which all owners of real property within the proposed Industrial Development District and all residents and taxpayers of Sterling Heights were afforded an opportunity to be heard thereon; and WHEREAS, the City Council deems it to be in the public interest of Sterling Heights to establish the Industrial Development District as proposed; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Sterling Heights that the following described parcel of land situated in Sterling Heights, Macomb County, and State of Michigan, to wit: Property Identification No. 10-09-200-051-000 T2N, R12E, SEC 9; COMM AT CEN POST SEC 9; TH N89*50’00”E 25.00 FT TO POB; TH N01*44’23”W 647.74 FT; TH N86*11’22”E 106.69 FT; TH S87*06’49”E 243.03 FT; TH S83*05’24”E 229.62 FT; TH S78*47’17”E 243.03 FT; TH S74*17’20”E 118.06 FT; TH S02*08’03”E 533.11 FT; TH S89*50’00”W 929.36 FT TO POB, EXC THAT PART TAKEN FOR 18 1/2 MILE ROW 10.24 AC is established as an Industrial Development District pursuant to the provisions of PA 198 of 1974, as amended. AYES: 7 NAYS: 0 RESOLUTION DECLARED ADOPTED. I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Council of Sterling Heights, County of Macomb, Michigan, at a regular meeting held the 6h day of June, 2017. ________________________ Mark Carufel, City Clerk ORDINANCE INTRODUCTION 3. Mayor Taylor stated this is to consider introduction of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property on the north side of 18-1/2 Mile Road, east of Ryan, from R-100 One-Family Residential District to Regular City Council Meeting Tuesday, June 6, 2017 Page 12 R-80 One-Family Residential District, Case No. PZ17-0001. He invited Mr. Christopher McLeod to give the presentation. Mr. Chris McLeod, City Planner, explained this is a conditional rezoning request from R-100 One-Family Residential District to R-80 One-Family Residential District for the purpose of developing a 17-unit detached single-family site condominium development. He noted the property is on the north side of 18-1/2 Mile Road, east of Ryan. He showed an aerial photo of the irregular-shaped property, noting the location of the Plumbrook Drain and its associated floodplain on the property. The proposed development will provide its roadway out to Tessmer because the cost to cross the drain and floodplain would be from $750,000 to $1,000,000, making the property undevelopable if that was the only access. He reviewed the current zonings and developments on the surrounding properties, and he noted the floodplain of the Plumbrook Drain significantly impacts the southern portion of the site, so there will be some cut-and-fill, if approved. Mr. McLeod outlined the three variances requested for the plan, which include the minimum lot depth for residential lots, minimal lot area, and a slight extension of the length of the road cul-de-sac. The houses will be a minimum of 2,800 square feet, constructed largely of brick with side-entrance garages, and those on the south side will have walk-out basements, with prices ranging from $350,000 to $500,000 based on current market conditions. He stated the applicants have committed to the housing types and materials compliant with the images shown, which depict some of the homes to the north, constructed by the Regular City Council Meeting Tuesday, June 6, 2017 Page 13 same builder. He stated that 13 of the 17 units will not have the minimum required lot depth of 125 feet, and the proposed lot depth is 115 feet, being 10 feet less than required, although he added this variance would be needed for any residential development. The applicant intends to meet the front yard and rear yard setback requirements. The proposed lot sizes range from 9,200 square feet to 16,000 square feet, so a variance would be needed for those under 10,000 square feet. He added all lots would provide for an ample first floor footprint of 3,200 square feet. The applicant is proposing a cul-de-sac of approximately 990 feet, and the maximum permitted is 800 feet; however, the road serves 17 units and the property is cut off with no other way to access this property. Mr. McLeod stated the Master Plan density for this area would support R-100 or R-80 designation as proposed. The adjacent property to the east is already zoned R-80. The proposed property sizes for this development are very similar to what is already developed to the north, and would also be consistent with the property to the east. He explained at the Planning Commission meeting, there was a lot of discussion regarding the access point to Tessmer. There was discussion about the amount and speed of traffic, and he pointed out the speed can be controlled by police patrol. The amount of traffic, serving 12 acres providing 17 units, is relatively low density and should not generate a lot of excess traffic. He stated the Planning Commission recommended approval was on a 7-1 vote, and he would be glad to answer questions. Regular City Council Meeting Tuesday, June 6, 2017 Page 14 Mayor Taylor invited comments from the audience, but there were no questions or comments from the audience. Moved by Ziarko, seconded by Sierawski, RESOLVED, to introduce a map amendment to conditionally rezone property on the north side of 18-1/2 Mile Road, east of Ryan Road, in Section 8, from R-100 (One-Family Residential District) to R-80 (One-Family Residential District), Case No. PZ17-0001, and direct Petitioner to proceed to finalize a proposed agreement so that the City Council can further evaluate the offer of conditional rezoning of the property at the June 20th, 2017 regular meeting. Mayor Pro-Tem Ziarko stated Mr. McLeod thoroughly explained the proposal, and there is no one here tonight from any of the surrounding neighborhoods. She noted if they have questions, they can direct them to the Planning Department before the next meeting. Mr. McLeod stated a slightly amended package was forwarded to the Council members this afternoon with a slight change to the number of units. There was an error in the Notice of Adoption and that has been corrected to show 17 units. Yes: All. The motion carried. 4. Mayor Taylor stated this is to consider introduction of an ordinance amending the City Code to facilitate recovery of costs for Advanced Life Support transportation services, vehicular extrications, and management of unsafe scenes, and to update requirements for electronic Fire Code inspection reporting. He invited Fire Chief Chris Martin to give a presentation. Regular City Council Meeting Tuesday, June 6, 2017 Page 15 Fire Chief Chris Martin stated he is introducing some suggested ordinance revisions to Chapters 20 and 49 of the City Ordinances. He explained that on December 20st, 2016, the Council voted to approve ALS transport in the City. He broke the proposed revisions into five groups and briefly summarized each one. Chief Martin explained the first proposed revision is to have an ordinance that allows the City to collect ambulance fees. He stated they have contracted with AccuMed to handle their billing, and will provide them with a fee structure, which was compiled by looking at eleven comparable communities, looking at their fees based on type of incident and using the average. He added that each year this fee schedule will become part of the Appropriations Budget so the costs can be tweaked each year. He stated that the City will also instruct AccuMed how to handle the situations where there is no payment. Chief Martin stated the second proposed revision is regarding the three levels of emergency response, and the industry standard is to charge auto insurance companies for extrication. He cited numerous communities in the area that already do what he is requesting tonight. If they use the Jaws of Life and other extricating equipment, there is a $500 fee charged to the insurance only of the auto insurance company. He clarified it is not a direct bill to any resident or person. They currently conduct about forty a year, which would bring in $20,000 annually, which he claimed is minimal when considering cost of equipment and replacement costs. Regular City Council Meeting Tuesday, June 6, 2017 Page 16 Chief Martin explained in the Level 2 response, considered a hazmat situation, they want to be able to get the area cleaned up quickly and have the ability to get cost recovery for all expenses if they can determine how that situation occurred. Chief Martin explained in the Level 3 response, which includes situations where many departments and/or agencies must respond, it has always been the City’s responsibility to pay the bill if they call for the help. The proposed revision to the Ordinance will allow the City to recover those costs not normally associated with their day-to-day operations, and those costs will be charged to the owners of the companies who own the vehicles or the insurance companies covering those vehicles. He stated another Level 3 involves a situation with wires down. If a hazardous condition exists as a result, the fire truck remains at that location until DTE can send someone out. DTE’s response time ranges from a half hour to two hours, so during that time, the fire truck is out of service while staying on the scene where the wire is down. This ordinance will give the City the ability to negotiate with DTE a policy where, if DTE cannot get someone out within a half hour, the City can start charging them to recoup their costs of keeping the fire truck on the scene. He emphasized this ordinance gives the City the ability to charge these fees, but they can always be waived. He cited the recent wind storm where there were multiple power outages and lines down, and that would be a situation where they can deploy teams and work with the Police Department to stay with the downed wires, and they can waive the billing because they know it is an emergency. Chief Martin clarified that for the Level 1’s, the billing will be Regular City Council Meeting Tuesday, June 6, 2017 Page 17 handled by AccuMed, whereas the Level 2 and 3 billing will be handled by the City through the Budget and Finance Director to determine the actual cost recovery that was used on those incidents and direct bill from the City itself. Chief Martin stated the last item is the suggested change to Chapter 20. It has been required since 2013 that any service provider that does inspections on life safety equipment in buildings report electronically on line. The businesses are registered, so there is an alert if something is not tested. With over 40 service providers who do the work, they are not getting 100% compliance, so the proposed change requires every service provider who wants to work in the City of Sterling Heights to register with the Fire Marshall by January every year, with no fee for that registration. This will provide an opportunity for the City to get all the information they need and who to call if they are in violation of the ordinance. If they do not comply, they will be removed from the City’s list and will not be able to do any service in the City. He explained they will have many warnings and civil infractions before they are removed from the list, and he is confident they will have full compliance. Mayor Taylor invited comments from the audience. Mr. George Parker – concerned residents are “double-paying” for these services and about increased medical and auto insurance; determination of cost and documentation of time and equipment used. Mr. Michael Radtke – questioned Section 49-104-(A), where person will be billed directly if insurance company is not known. Regular City Council Meeting Tuesday, June 6, 2017 Page 18 Ms. Joyce Fitch – opposed to taxes being used for this. Ms. Linda Godfrey – concerned about auto and medical insurance rates going up; opposed. Ms. Sanaa Elias – opposed to ALS transport; legacy costs involved; questioned whether they will accept what insurance pays, or is individual responsible for balance. Ms. Jazmine Early – should not be considered now; no established amount of revenue yet for ALS transport. Ms. Mary Marcinak – City will have to bill Medicare; questioned cost if ALS transport examines an individual but does not transport. Moved by Shannon, seconded by Koski, RESOLVED to introduce the ordinance amending the City Code to create new protocols for invoicing the costs of ambulance transport services, vehicular extrications, and management of unsafe scenes, and to update the City’s requirements for electronic Fire Code inspection reporting. Councilman Shannon requested clarification from Chief as to whether there will be new charges that do not currently exist, and he requested the Chief address some of the questions raised tonight. Chief Martin responded there will be no new fees to any residents. Insurance companies and Medicare/Medicaid will be billed for advanced life support services, and sometimes there is a difference between what the insurance will pay and the amount owed. He explained that bill is waived for residents of Sterling Regular City Council Meeting Tuesday, June 6, 2017 Page 19 Heights, but it is not waived for non-residents. He pointed out that a private entity such as Universal Ambulance cannot waive that fee, but the City is able to do so. He stated for extrications, residents will not pay anything, and the insurance company will be billed; however, the City can charge a non-resident if their insurance does not pay for it. Chief Martin noted that Levels 2 and 3 are where the exact costs should be recovered by the City, noting those are the emergencies that do not occur every day but when they do, they incur a lot of extra work on behalf of departments such as DPW, Police, etc., where they must call off-duty personnel in to handle it. He stated these levels of cost recovery are specific for that incident, and hourly pay, amount of fuel used, etc., is put together by the Budget & Finance Director. He added that they already have cost recovery in these modules but this ordinance defines it more. Chief Martin stated the cost effectiveness of ALS transport has been shown in documents, and he has tried to explain that the money being brought in will offset the money it is costing. It will be a huge increase in Fire Department capability and a huge increase in service to the residents at what projections show as no cost. He stated having more firefighter paramedics in the City is a huge increase in their capabilities, but no one is “paying for it twice”. He clarified there are no late fees for medical billing or extrications, and the only time late fees are assessed are for Levels 2 and 3, where the cost recovery occurs for the very large accidents. He indicated deductibles and co-pays will differ, depending upon insurance coverage, and it will be no different than when Universal Ambulance transports Regular City Council Meeting Tuesday, June 6, 2017 Page 20 someone to the hospital. The difference is that the City can waive it for a City resident. Chief Martin stated he is open for questions if residents want to talk to him, and reiterated this is not “double-paying” but will be a huge benefit to the residents. Councilman Shannon does not like the fact that this Ordinance is connected with the ALS Transport. He is concerned with Level 1, although he is in total agreement with Levels 2 and 3. He questioned clarification as to whether someone will be charged by the City of Sterling Heights if they must be extricated from their vehicle and they are a non-resident. Chief Martin replied they will bill the insurance company. If they do not have insurance, it is up to the City to decide whether they want to send the bill directly to the person who is a non-resident. Councilman Shannon inquired as to whether this is a huge expense on a yearly basis where the City needs to recover the cost, or whether it is a way to add more revenue to the City. Chief Martin stated the City recently spend just under $180,000 on extrication equipment, and with the changes in the types of metals used by auto companies, this equipment could be obsolete in five years. If they perform the average of forty extrications a year and bring in $20,000, that is a “drop in the bucket” in keeping these pieces of equipment up. He explained that extrications are extremely difficult and often equipment breaks in the process, and repair is costly. Regular City Council Meeting Tuesday, June 6, 2017 Page 21 Councilman Shannon inquired as to what happens if a non-resident needs to be extricated and they do not have insurance. Chief Martin replied that is up to the City, and they tell AccuMed exactly how to handle the bill. He stated the industry standard for all fire departments that transport, as well as EMS companies that transport, is to send the non-resident a bill, send them a second bill, and then send them to collections if they do not pay. Councilman Shannon understood the City needs an ordinance that will allow them to collect fees for ALS Transport, but he does not like it the way it is at this point. He understands this is an introduction, but he has a problem with charging non- residents for extrication. He stated he is willing to vote in favor of introducing this but added he could see where it could be “tweaked”. Councilwoman Koski inquired as to whether there is a charge if the Fire Department responds to an accident, the victim has some cuts and bruises but does not want to go to the hospital, and there is no transport. Chief Martin replied there is no charge if the person is not transported to the hospital. Councilwoman Koski inquired as to whether the City’s fee is any different than Universal’s fees if the individual would have to be transported to the hospital. Chief Martin stated he does not have the two costs side-by-side, but stated they are very close. They took the average of the eleven communities they looked at, and it is close to Universal’s charges. Their fees are for the first ten months Regular City Council Meeting Tuesday, June 6, 2017 Page 22 because they plan on starting in September, but he added that it can be tweaked anytime. Ms. Koski inquired as to what happens when the insurance company will only cover $400 of a $600 bill, and the person is a resident of the City. Chief Martin stated his idea is that the person would get a bill, then a second bill, but if remains unpaid, he/she would not go to collections. He replied to further inquiry that the Fire Department gives AccuMed through their instructions to waive that fee. Councilwoman Koski inquired as to how Levels 2 and 3 are handled now, and whether the City currently receives reimbursement. Chief Martin replied there is a cost recovery ordinance currently in effect that allows them to recover the costs, and he cited a recent accident on Mound Road, where the road was closed for six hours. He stated the problem is the ordinance did not outline it enough to recover the costs that resulted from bring in the DPW and the Police Department. While this ordinance was being put together, Mr. Denault recommended streamlining it because of the incidents they have had in the past several years. He stated they have received cost recovery on three significant car accidents, all semis leaking fuel or hazardous materials into a ditch, but he added these events generally occur once a year, at most. Councilwoman Koski could not see where there is any double-billing. Chief Martin agreed there is no double-billing. Regular City Council Meeting Tuesday, June 6, 2017 Page 23 Councilwoman Sierawski inquired as to whether the City has been able to recover any costs from extrication prior to this ordinance. Chief Martin replied they have not been able to recover extrication costs. He replied to further inquiry that it is proposed to be billed to the insurance companies, as is currently done in Warren, Shelby Township, Washington Township, Roseville, Dearborn, West Bloomfield, Southfield and Lansing. Councilwoman Sierawski stated she knows from firsthand experience that Auburn Hills also does it, and she noted they received a bill with their insurance for treatment. She explained she is a nurse, and people and insurance companies are billed for their services. The insurance bill does not come to the residents, and many times they take what the insurance company pays. She assured that, as a resident of Sterling Heights, they will not receive a bill, and that is what this ordinance is going to do. She inquired as to the appeal process for people who have no insurance. Chief Martin replied it will be like what Assessing has for taxes, and they will use the same hardship policy, although the Assessing Department uses a Board of Review. They will use the same form and tweak it so that the individual can prove a hardship. He assured it will be an impartial process. Councilwoman Schmidt inquired as to whether that appeals process is for non- residents. Chief Martin replied it would apply to either residents or non-residents who have a hardship. He clarified that if someone has no insurance on an auto extrication, Regular City Council Meeting Tuesday, June 6, 2017 Page 24 they will not get a bill, and if the insurance company does not pay it, there will be no bill. If there is no medical insurance for transport, they will receive a bill. If they have a hardship, they can appeal through the hardship process. He replied to further inquiry that AccuMed will handle all medical billing and extrications, but Levels 2 and 3 will continue to be handled as they are today, with the Budget & Finance Director collects all the resources that were used from the different departments and formulates the bill and sends it out. Councilwoman Schmidt inquired as to whether the City has insurance to cover the cost of any damage to the extrication equipment. Mr. Vanderpool replied there could be a warranty in place, but if it is beyond that, the City is self-insured and would have to pay for it through that program. Councilwoman Schmidt stated she agrees with Councilman Shannon and is a little uncomfortable with the extrication being part of this. She suggested the motion- maker consider amending the motion to remove that one section of the motion so they can consider it. She understands the need to recover costs from utility companies and indicated it will give them an incentive to get to the site quicker so that the Fire Department can get their vehicles back on the road quicker. Mayor Pro-Tem Ziarko stated that ALS Transport has already been approved and will be in effect this fall. She questioned whether there is a possibility of working out reciprocal agreements with other communities regarding waiving extrication fees. She also questioned how long AccuMed continues to bill before it is turned over to a collection agency. Regular City Council Meeting Tuesday, June 6, 2017 Page 25 Chief Martin replied non-residents will get two bills and will be sent to collections, and residents will be sent two bills and then the billing will stop. Mayor Pro-Tem Ziarko inquired why the fees were not included in the ordinance. Mr. Vanderpool replied the fees for transport are included in the Appropriation Ordinance and can be summarized this evening, as well as the $500 extrication cost. He stated the costs could vary depending upon the type and extent of the accident, and those situations will have to be assessed as they occur. Mayor Pro-Tem Ziarko inquired as to why the invoicing of costs and the fire code inspection reporting were not separated into two separate motions. Mr. Kaszubski replied they were put into the same ordinance for convenience, and they wanted to get both taken care of in an appropriate time frame. Councilman Lusk inquired as to how AccuMed was selected to do the billing. Chief Martin replied they were selected by bid process, and they are the industry leader in Michigan. Councilman Lusk stated he would like to see a list of referrals. He inquired as to whether the training is the same for those involved in ALS transport in the Fire Department as it is for the paramedics at Universal Ambulance. Chief Martin replied that the training is the same to become a licensed paramedic, but he cannot speak to the training that Universal does with their crews. He assured the Sterling Heights Fire Department trains every day and stays up to date with everything they do, including Advanced Life Support and paramedic work. Regular City Council Meeting Tuesday, June 6, 2017 Page 26 Councilman Lusk stated it appeared as though Universal Ambulance would handle the transportation to the hospital, but the Fire Department did everything else up to that point. Chief Martin stated that is the way it has been for the last 25 years by design. Councilman Lusk did not see any “double cost” for this service with the new ordinance. Mayor Taylor did not see where the ordinance specified that the residents would not be charged for extrication. He questioned whether this is going to be a policy. Chief Martin replied that every year, the City will adopt the fees and policies without having to change the ordinance; otherwise, every change would require a cumbersome process. He replied to further inquiry that he has the fee schedule in front of him and the costs are specified for “resident” and “non-resident”. Mayor Taylor stated that is common and they do it for Parks & Recreation, as well as a few other activities and services, where residents get one rate and non- residents are charged a higher rate. He observed that the ordinance does not refer to “resident” or “non-resident” but states “individual”, although he understands that will be superseded by the Appropriations Ordinance. He inquired as to whether there are other cost recoveries covered by the Appropriations Ordinance or, outside of extrication and transport, is everything else on a case-by-case basis. Chief Martin replied the rest is on a case-by-case basis. Regular City Council Meeting Tuesday, June 6, 2017 Page 27 Mayor Taylor inquired as to what the standards will be for those incidents. He noted something like a major oil spill is much different than stationing someone at a downed wire. Chief Martin used the example of downed wires, and stated the County Fire Chiefs have a county-wide approved fee structure for what an engine would cost for an hour, what an ambulance would cost for an hour, and what a ladder truck would cost for an hour. They could use that or could sit down with the City Manager and DTE and work out an agreement. He stated they need the ordinance in place first to give them the ability to charge. He reiterated it would be on a case-by-case basis. Mayor Taylor stated in his previous example of a truck spilling something, if they can pin it back to negligent action or a responsible party causing that, the City can go after them. If it is a true accident, and there is no one source responsible, they may not be able to assess a cost to any one party. Chief Martin confirmed that is correct and the City has often had to absorb these costs. Mayor Taylor is hearing concern from residents because the Fire Department is paid from city taxes, and this is their job, so residents should not get billed. He pointed out that, based on the proposal, residents will not be billed. The other concern residents are expressing is that their insurance companies are being billed, and that could raise their rates. He did not agree that will cause insurance rates to rise because every other city running transport is already doing this. He Regular City Council Meeting Tuesday, June 6, 2017 Page 28 understands his colleagues’ concerns, but suggested they can get more information on it over the next couple of weeks and can remove it in two weeks if that is the decision of Council. Mayor Taylor commended Universal Ambulance for the excellent service they have provided, but he stated if the City can improve on that by providing ALS transport in a way that does not cost the residents more money, he could not see why they would not do it. He stated he does not see this as a sales deterrent for anyone looking to move into the City, and added that, as a parent of three young children, he considers it an asset to have full-time professional firefighters training daily who can respond in minutes to treat and transport residents to provide the care they need. Yes: Shannon, Koski, Ziarko, Lusk, Schmidt, Sierawski, Taylor. No: None. The motion carried. 5. CONSENT AGENDA Mayor Taylor opened the floor to comments from the audience regarding the Consent Agenda, but there were no comments made. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of May 16, 2017, as presented. Regular City Council Meeting Tuesday, June 6, 2017 Page 29 B. To approve payment of the bills as presented: General Fund - $680,976.98, Water & Sewer Fund - $1,341,227.90, Other Funds - $2,086,326.91, Total Checks - $4,108,531.79. C. RESOLVED, to: (A) Award the bid for Neighborhood Parks Improvements – Phase I to Warren Contractors & Development, Inc., 14979 Technology Drive, Shelby Township, MI 48315, in the amount of $1,720,678.40; and (B) Authorize a $1,720,678.40 budget amendment from Parks and Recreation Fund reserves; and (C) Authorize the Mayor and City Clerk to sign all required documents on behalf of the City. D. RESOLVED, to award the bid for utility structure and concrete repairs to Galui Construction, Inc., 33805 Harper Avenue, Clinton Township, MI 48035, at unit prices bid through November 30, 2017, with an option for the City to extend the bid term one additional year at the same terms and conditions. E. RESOLVED, to purchase 5,500 tons of ‘seasonal delivery’ road salt at pricing available through the City of Farmington Hills’ cooperative bid for the 2017/2018 winter season. F. RESOLVED, to purchase park amenities for installation at Washington Square Park, Thomas Chappelle Park, Benjamin Hadley Park, Leroy Imus Regular City Council Meeting Tuesday, June 6, 2017 Page 30 Park, Hampton Park, and Delia Park Tennis Courts from Game Time, 150 Playcore Drive SE, Fort Payne, Alabama 35967 at unit pricing available through a U.S. Communities Government Purchasing Alliance cooperative RFP, Contract #110179. G. RESOLVED, to purchase library books through the Suburban Library Cooperative, 44750 Delco Blvd., Sterling Heights, MI 48313, for fiscal year 2017/2018 in the amount of $100,000. H. RESOLVED, to purchase four Federal Modulator II Omni Directional Array sirens (model MOD 8032B), four transformer rectifiers (model UV 24 Volt UVTR), and four 60’ Class I wood poles from West Shore Services, Inc., 6620 Lake Michigan Drive, P.O. Box 188, Allendale, MI 49401, at a total cost of $123,756.00. I. RESOLVED, to: (A) Purchase one Throw Phone System from Enforcement Technology Group, Inc., 400 N. Broadway, Suite 400, Milwaukee, WI 53202, at a total cost of $21,499.95; and (B) Authorize a budget amendment to recognize grant proceeds from the Michigan State Police Emergency Management and Homeland Security Division Grant, through the Department of Homeland Security’s Urban Areas Security Initiative (UASI) and offsetting expenditures of $21,499.95. Regular City Council Meeting Tuesday, June 6, 2017 Page 31 J. RESOLVED, to purchase four (4) indoor-outdoor athletic surface sport courts, accessories, and installation services from Superior Sports, LLC, 1250 N. Opdyke Road, Auburn Hills, MI 48326, at unit prices available through a National Joint Powers Alliance (NJPA) cooperative RFP, Contract #082114 in the cumulative amount of $355,450. K. RESOLVED, to purchase upgrades to the MegaNet network from Mueller Systems, 10210 Statesville Blvd., Cleveland, NC 27013 in the amount of $40,000. L. RESOLVED, to approve the cooperative agreement between the City of Sterling Heights and the Michigan Recreation and Park Association to implement an archery program in Sterling Heights. M. RESOLVED, to: (A) Accept the proposal by Hoyden Creative Group, 247 S. Main Street, Suite B, Post Office Box 814, Adrian, Michigan 49221, for economic development marketing consultation services at a total cost of $28,500; and (B) Accept the proposal by Economic Modeling, LLC, 409 south Jackson Street, Moscow, Idaho 83843, for economic and demographic profiling and economic impact analyzes at a total cost of $15,000; and (C) Authorize a $43,500 budget amendment from General Fund reserves; and Regular City Council Meeting Tuesday, June 6, 2017 Page 32 (D) Authorize the City Manager to sign all documentation required in conjunction with this approval on behalf of the City. N. RESOLVED, to reject the sole proposal received for upgrades to the Dobry Drive pressure booster station, SH17-002, and authorize the Purchasing Manager to proceed with an amended request for proposals. O. RESOLVED, to set a public hearing on Wednesday, July 5, 2017 at 7:30 p.m. regarding the application by Mor-Tech Manufacturing, Inc. for an Industrial Facilities Tax Exemption Certificate at 37641 Mound Road. P. RESOLVED, to set a public hearing on Wednesday, July 5, 2017 at 7:30 p.m. regarding the application by Mancini Enterprises, LLC for an Industrial Facilities Tax Exemption Certificate at 42605 Van Dyke. Q. RESOLVED, to set a public hearing on Wednesday, July 5, 2017 at 7:30 p.m. regarding the application by Cadillac Ferndale Corporation to establish a Plant Rehabilitation District (PRD) at 7000 15 Mile Road. R. RESOLVED, to approve final payment to Oscar W. Larson Company, 10100 Dixie Highway, Clarkston, MI 48348, in the amount of $48,694.19 plus interest on retainage, for the DPW Fuel Storage Replacement, City Project #15-275. Yes: All. The motion carried. CONSIDERATION 6. Mayor Taylor stated this is to consider a request to transfer ownership of an escrowed 2016 Class B Hotel liquor license from Sunnybrook Land & Golf, Inc., Regular City Council Meeting Tuesday, June 6, 2017 Page 33 to Sterling Ponds Plaza, LLC, d/b/a Leo’s Coney Island #61, with Sunday Sales (AM & PM) permit, transfer location from 7101-7191 17 Mile Road, Sterling Heights, MI 48313 to 33577 Van Dyke Avenue, Sterling Heights, MI 48312, and convert from B-Hotel License to Class C License. Attorney Peter Zingas, representing the applicant, stated the operating manager is present this evening to answer questions. He stated this was formerly “Papa Vino’s”, but his client is operating as Leo’s Coney Island, although their official name is “Sterling Ponds Plaza LLC”. He explained it is not meant to be a bar, but they want to be able to serve drinks with their food while still maintaining the family atmosphere. He assured they are not applying for an entertainment permit or to have any type of lottery. They are doing well and proud to be in Sterling Heights. They are conscientious in keeping their restaurant clean and well-operated, and look forward to being able to sell alcohol to their customers. Mayor Taylor opened the floor to comments from the audience. Mr. Charles Jefferson – questioned if the church located near will affect the ability to obtain the liquor license; questioned if there will be outdoor sales. Moved by Schmidt, seconded by Sierawski, RESOLVED, that the request to transfer ownership of an escrowed 2016 Class B-Hotel liquor license from Sunnybrook Land & Golf, Inc. to Sterling Ponds Plaza LLC, d/b/a Leo’s Coney Island #61, with Sunday Sales (AM & PM) permit, transfer location from 7101 – Regular City Council Meeting Tuesday, June 6, 2017 Page 34 7191 17 Mile Road, Sterling Heights, MI 48313 to 33577 Van Dyke Avenue, Sterling Heights, MI 48312, and convert from B-Hotel License to Class C License be considered for approval. Councilwoman Schmidt commented that this is a very robust business and very clean. She appreciated the business being in this community, and she wanted to make sure the employees will be trained through TIPS and TAM. Mr. Zingas replied he believes that has already occurred. Councilwoman Schmidt wished the applicant well. Mayor Pro-Tem Ziarko inquired as to whether they intend to construct a bar area in their restaurant. Mr. Zingas replied they have a small section that has a counter with bar stools; however, he assured it is not a bar but is set up for food service as well. Councilman Lusk inquired as to whether Leo’s Coney Island is part of a chain of restaurants. Mr. Zingas replied it is a franchise and the owner has several other locations. He replied to further inquiry that several of the other locations already have liquor licenses. Councilwoman Koski inquired as to whether the resident’s comment about a church in the vicinity is the church that is in the plaza. She recalled when that church located there, they signed an agreement upon moving in that they would not object to any liquor licenses in the area. Mr. Kaszubski replied he believes that has occurred. Regular City Council Meeting Tuesday, June 6, 2017 Page 35 Mayor Taylor wished them well, and added this is needed for them to remain competitive with the other restaurants in the area. Yes: All. The motion carried. 7. Mayor Taylor stated this is to consider a request by Leadership Macomb for recognition as a local non-profit organization for obtaining a State of Michigan charitable license. Ms. Karen Smith, Executive Director, Leadership Macomb, Inc., stated their organization has been non-profit for twenty years but have been in this City for a little over a year. They are having their annual fundraiser tomorrow night, and when they applied for their raffle license, they were advised they must obtain their recognition by the City as a non-profit organization. Moved by Sierawski, seconded by Schmidt, RESOLVED, that the request from Leadership Macomb, Inc. of Sterling Heights, County of Macomb, asking that they be recognized as a local nonprofit organization for the purpose of obtaining a State of Michigan charitable gaming license to 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 Sierawski inquired as to what type of event they are holding. Ms. Smith responded this is their twentieth anniversary so the theme is “Twenty Years, Twenty Stories” and will be held at Mac & Ray Harbor. They will showcase twenty stories of how Leadership Macomb has impacted Macomb Regular City Council Meeting Tuesday, June 6, 2017 Page 36 County over the last twenty years, and recognizing Dr. Jim Sawyer, the soon-to- be president of Macomb Community College. They have a graduation of their twentieth Leadership Macomb class and will hold raffles, including cooking classes, boat rides on Clinton River, and the money raised will go to scholarship fund and their junior program. Mayor Pro-Tem Ziarko questioned whether they were recognized as a non-profit in another community. Ms. Smith replied they have never been asked for this. They received their license from the State yesterday, but it was recommended to get the Resolution from the City. Yes: All. The motion carried. 8. Mayor Taylor stated this is to consider approval of a memorandum of understanding between the City of Sterling Heights and MAPE Professional and Technical Employees Union. Mr. Vanderpool stated that last November, the voters of Sterling Heights approved a dedicated Parks & Recreation millage to fund ReCreating Recreation, and he outlined the new facilities included, which will place more demand on maintenance and repair. To ensure these new facilities are supervised, and due to available manpower and some organizational restructuring within Facilities Maintenance, the Parks and Recreation Director is recommending that a Recreation Superintendent position be created within the MAPE Professional and Technical Employees Union. Mr. Vanderpool reviewed the functions for that Regular City Council Meeting Tuesday, June 6, 2017 Page 37 position, but emphasized that there will be no increase in the number of full-time employees as they would like to fill the role internally, without backfilling. He stated this created position involved the need to obtain a Memorandum of Understanding from the MAPE Professional and Technical Employees Union, which has been approved by the bargaining unit. He concluded this position will be filled in July of this year if approved by Council. Moved by Ziarko, seconded by Sierawski, RESOLVED, to approve the memorandum of understanding between the City of Sterling Heights and MAPE Professional and Technical Employees Union creating the Recreation Superintendent classification and authorize the Mayor and City Clerk to sign it on behalf of the City. Yes: All. The motion carried. 9. Mayor Taylor stated this is to confirm the City Manager’s appointments of Melanie Ryska as City Clerk and Jeffrey Bahorski as Assistant City Manager / Human Resource Director. Mr. Vanderpool stated he is proud to recommend the appointment of these two highly-respected individuals and, in accordance with City Charter, City Council confirmation is required. He provided background on each of these individuals. Moved by Ziarko, seconded by Schmidt, RESOLVED, to confirm the City Manager’s appointment of Melanie D. Ryska as City Clerk effective July 1, 2017 in accordance with the Charter of the City of Sterling Heights. Regular City Council Meeting Tuesday, June 6, 2017 Page 38 Mayor Pro-Tem Ziarko agreed with Mr. Vanderpool’s recommendation to appoint Ms. Ryska as Clerk and added that it will be a seamless transition. Councilwoman Schmidt stated she is comfortable with the appointment, and she commended Mr. Carufel, and Mr. Blessed before him, for the excellent job they did for the City. Mayor Taylor stated Ms. Ryska has been here for 18 months and has done a fantastic job. He recognized the City Manager for coming up with this plan about two years ago to appoint deputies, giving them time to learn the job and study under the current directors because they were going to be losing a lot of institutionalized knowledge. He stated Mr. Carufel and Mr. Blessed have been doing a great job serving the City, and both have well-deserved retirements approaching. He was confident the residents will not see any drop-off in the level of service. He noted the Police Chief had commented earlier that Sterling Heights is a destination city for residents, but also for employees who are treated well and want to do a great job for the City. Moved by Ziarko, seconded by Sierawski, RESOLVED, to confirm the City Manager’s appointment of Jeffrey A. Bahorski as Assistant City Manager / Human Resources Director effective July 1, 2017 in accordance with the Charter of the City of Sterling Heights. Mayor Pro-Tem Ziarko stated Mr. Bahorski was serving the residents of the community for about 17 or 18 years when he was the Assistant City Attorney and Regular City Council Meeting Tuesday, June 6, 2017 Page 39 then became the City Attorney. She was happy with this appointment and looks forward to working with him. Councilwoman Sierawski stated she has known Mr. Bahorski for many years because their children went to school together. She is happy with this appointment, he has a vast knowledge, and is a calming force when needed. Councilman Lusk stated he would like to echo Councilwoman Sierawski’s comments, and he looks forward to working with him. Mayor Taylor stated the City is fortunate to have him continue in this role. One of the City’s concerns a few years ago was the amount of institutionalized knowledge they would be losing through retirements over the next few years, and Mr. Bahorski is one of the great people who has been trained and is now being appointed to one of those positions. He highly complimented the City’s staff on their knowledge, dedication and professionalism, making it easy for City Council to do their job. Yes: All. The motion carried. 10. Mayor Taylor stated this is to consider appointments to City of Sterling Heights Boards and Commissions. He invited comments from the audience. Mr. Jeffrey Norgrove – thanked the Council, previous Commissions and the residents for letting him serve on Boards and Commission for twenty years. Regular City Council Meeting Tuesday, June 6, 2017 Page 40 Mr. Charles Jefferson – thanked Mr. Norgrove for his years of volunteering; opposed to two nominees and wanted more information on a third nominee; concerned about lawsuits. Moved by Shannon, seconded by Taylor, RESOLVED, to appoint Lori Doughty, Leonard Reinowski and Edward Kopp to the Planning Commission, each to a term ending June 30, 2020, subject to the appointees meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Mayor Taylor stated Ms. Doughty currently serves on two commissions but as a Planning Commissioner, she can only serve on that commission, so she will be resigning from the other commissions. He stated she has been involved in the community for a long time, her mother was the secretary to the Police Chief, and she works for AT&T in a government relations capacity, so he added she will be a good fit for this appointment. Yes: All. The motion carried. Moved by Schmidt, seconded by Sierawski, RESOLVED, to appoint Dale Deming to the Zoning Board of Appeals to a term ending June 30, 2020, 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 John Pitrone to the Board of Ordinance Appeals I to a term ending June 30, 2020, subject to the Regular City Council Meeting Tuesday, June 6, 2017 Page 41 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 Sierawski, seconded by Ziarko, RESOLVED, to appoint Brad Lukas to the Board of Ordinance Appeals II to a term ending June 30, 2020, 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 Lusk to appoint Stephan Bilan to the Board of Review to a term ending June 30, 2020, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Motion failed for lack of support. Moved by Shannon, seconded by Ziarko, RESOLVED, to appoint Raymond Nadolski to the Board of Review to a term ending June 30, 2020, 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. Mayor Taylor stated the appointment to the Economic Development Corporation is a mayoral appointment with City Council confirmation. He spoke with Administration on this and, based on state statute, there are nine members on this Board, with three of those permitted to be employees. This Board has a hard time Regular City Council Meeting Tuesday, June 6, 2017 Page 42 reaching a quorum and one city employee targeted is Jason Castor, whom he felt would make a great addition to this board. Moved by Sierawski, seconded by Schmidt, RESOLVED, to appoint Jason Castor to the Economic Development Corporation / Brownfield Redevelopment Authority to a term ending June 30, 2020, 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 Anita Blanco to the Beautification Commission to a term ending June 30, 2019, 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 Ms. Mary Marcinak – congratulated City Clerk Carufel on his upcoming retirement; “safe city” improvements on crosswalks and left turn signals; repair fire hydrants; trees along Van Dyke in turn-arounds create vision impairment. Mr. Charles Jefferson – bicycle safety; encourage residents to move back to Sterling Heights; offer affordable housing; “Pride Week”. Ms. Jazmine Early – recent CORE meeting with residents and CORE officers; Freedom Hill remediation plan. Regular City Council Meeting Tuesday, June 6, 2017 Page 43 Mr. Paul Smith – opposed to ALS transport. Mr. Dennis White – new audio/visual equipment in Council Chambers. Ms. Joyce Fitch – Council members’ new nameplates; clock on the wall difficult to see. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool responded to an earlier comment regarding the City’s fire hydrants and an alleged 10% failure rate, which is complete inaccurate. He informed that there are approximately 7,000 hydrants, and at any given time there may be some out of service but not a 10% rate. He added that the Insurance Services Organization, which rates all fire departments across the country, recently came to Sterling Heights and gave a comprehensive review of the City’s fire services, looking at all facets, including size of water mains, water pressure, fire hydrants, apparatus, personnel, and more. Sterling Heights was given an ISO 2 rating, and Kalamazoo is only one other fire department in the entire State of Michigan that has an ISO 2 rating, so Sterling Heights is one of two fire departments with the best fire rating in the State of Michigan. Mr. Vanderpool addressed a comment from another resident who was concerned about individuals coming back to Sterling Heights to live. He emphasized that Sterling Heights’ population continues to increase, validated by the Census Bureau’s annual survey and every ten-year population count. He stated they are still averaging about 100 new single-family homes a year being construction in Regular City Council Meeting Tuesday, June 6, 2017 Page 44 the City, and most of those homes are being occupied by younger families. He attributed much of this to the strong job climate in the City. Mr. Vanderpool addressed the question about the Freedom Hill landfill and the material being deposited there. He assured that site continues to be highly monitored weekly by a reputable engineering firm, and on a regular basis by the Department of Environment Quality (DEQ). He assured all the monitoring reports are satisfactory so there are no problems at this point with any material at Freedom Hill. Mr. Vanderpool addressed another concern from a resident that the City has added 15 individuals to the Fire Department in response to transport services. He stated he would be happy to make the transport financial model available to anyone who would like that information, and review it in detail. He reported that, even with the addition of 15 firefighters, Sterling Heights still ranks way below average when looking at full-service fire departments in the State of Michigan and across the country in terms of number of firefighters per capita. He stated that information is available in their budget booklet and on line, but he would be happy to share that with anyone who is interested. Mr. Kaszubski stated there is one item for tonight in Closed Session. UNFINISHED BUSINESS / NEW BUSINESS Councilman Shannon stated that, without any objection from Council, he would like to ask Administration to draft a Resolution representing State Representative Henry Yanez’ proposed bill that would honor Sterling Heights Firefighter Eric C. Regular City Council Meeting Tuesday, June 6, 2017 Page 45 Post by naming the M-53 Highway, from the intersection at 14 Mile Road to the intersection of M-59, the Eric C. Post Memorial Highway. He provided some background on Eric C. Post, who served as a Firefighter for the City and passed away on June 10th, 2014 from complications following treatment for leukemia. He requested, with support of his colleagues, that this be placed on the agenda for June 20, 2017. Mayor Taylor heard no objections and requested Clerk Carufel to prepare a Resolution for consideration at the June 20, 2017 meeting. Councilman Lusk attended Motown Museum, and stated the City worked out a short-term relation with them from June 4 through June 7, 2017. He urged residents to visit that museum. Mayor Pro-Tem Ziarko provided more information on the event to which Ms. Early referred in her comments this evening. She informed that on Thursday, June 15, 2017, the CORE Officers have invited residents to meet them from 4 p.m. to 7 p.m. at the Dairy Queen on 14 Mile Road, and the City has coupons available for $1 off the purchase of an item at the Dairy Queen that evening. ADJOURN INTO CLOSED SESSION Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn into Closed Session. Yes: Ziarko, Schmidt, Taylor, Koski, Lusk, Shannon, Sierawski. No: None. The motion carried. The meeting adjourned into closed session at 10:25pm. Regular City Council Meeting Tuesday, June 6, 2017 Page 46 The meeting reconvened at 11:40 p.m. Moved by Ziarko, seconded by Taylor, RESOLVED, to retain the legal services of the law firm of Honigman Miller Schwartz and Cohn LLP in connection with the lawsuit entitled In Re City of Sterling Heights, Case Number 17-000052-AS. Yes: All. The motion carried. ADJOURN Moved by Ziarko, seconded by Schmidt, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 11:41 p.m. MARK CARUFEL, City Clerk