CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MARCH 17, 2015 IN CITY HALL

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1 CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MARCH 17, 2015 IN CITY HALL Mayor Michael C. Taylor called the meeting to order at 7:30 p.m. Mayor Taylor led the Pledge of Allegiance to the Flag and Mark Carufel, City Clerk, gave the Invocation. Council Members present at roll call: Deanna Koski, Joseph V. Romano, Maria G. Schmidt, Nate Shannon, Doug Skrzyniarz, Barbara A. Ziarko. Also Present: Mark D. Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Mark Carufel, City Clerk; Lisa Oleskie, Recording Secretary. APPROVAL OF AGENDA Moved by Koski, seconded by Romano, to approve the Agenda, moving Consent Agenda Item #1-J to Consideration Item #3 and Consent Agenda Item #1-A to Consideration Item #4. REPORT FROM CITY MANAGER Mr. Vanderpool reported that the City of Sterling Heights Housing Commission has consistently received high marks in years past and that this year it has received a score of 98 out of 100. Mr. Vanderpool explained that HUD also annually evaluates the performance of public housing agencies as they administer the housing choice voucher program using the Section Eight Management Assessment (SEMAP) system. He showed before and after images of the

2 Page 2 renovations done to the Schoenherr Towers facility. He thanked the Sterling Heights Housing Commission members, President Marvin Miller, Vice President Michael Venetis, Secretary Wanda Walker, and the management company, The Fourmidable Group, Inc. He also acknowledged City Development Director, Denice Gerstenberg, for all of her leadership in overseeing this vital asset to our community. Mr. Vanderpool reported on separate collection of yard waste. He stated that on Monday, April 6, 2015, the City of Sterling Heights will begin its 24 th year of offering separate curbside collection of yard waste. He stated that homeowners are asked to use either garbage containers labeled with city yard waste stickers or paper yard waste bags and that the clear plastic bags for yard waste will no longer be used. He stated that for any questions about yard waste, residents can call the Department of Public Works at Mr. Vanderpool reported about the election on May 5 th for the road funding ballot item, State Proposal He stated that the Michigan Municipal League will be hosting a public event at the Velocity Collaboration Center in Sterling Heights from 6:30-8:30 p.m. on March31 st. He stated that there will be a panel of experts there breaking down the details of the effects that this proposal will have on the Sterling Heights community and Macomb County. Mr. Vanderpool reported that about two weeks ago the Fiat Chrysler Automotive presented a $12,000 check for the Velocity, Jr. Program. He showed a short video highlighting the Velocity, Jr. Program and how the funds are being utilized. Mr. Vanderpool and the City Attorney are requesting that the City Council convene in closed session at the conclusion of the regular agenda to discuss a lawsuit and labor negotiations.

3 Page 3 PRESENTATION Fire Chief Christopher Martin stated that he was honored to introduce and swear in six new firefighters to the City of Sterling Heights; Stephen Cloos, David Cirka, Justin Emerson, Bryan Lynn, Thomas Nowicki, and Jason Seitz. After the introductions by Chief Martin, each firefighter spoke briefly to City Council and expressed their dedication to serving the community and appreciation for this new opportunity. Mayor Taylor stated that our city has one of the best reputations for having one of the best departments in the state and in the country. He stated that he looks forward to these six new firefighters carrying on that reputation. He stated that he appreciates the comments made about the city and that the City of Sterling Heights and City Council give their support. Mayor Taylor called a recess at 7:56 p.m. Mayor Taylor reconvened the meeting at 8:01 p.m. CONSENT AGENDA 1. Mr. Smith discussed the cost of items that are approved as part of the consent agenda. Mr. Smith also addressed Item H and Item C on the consent agenda. He spoke about the cost for Item H and stated the city has gone a long time without the back-up power supply, and it can go without. Mr. Smith addressed the cost to repair the existing fire vehicle and the cost to purchase the new fire vehicle. He is opposed both purchases. Mayor Taylor asked Mr. Vanderpool to respond to questions concerning the consent agenda and purchase of the back-up power supply equipment. Mr. Vanderpool stated that it is important that the residents understand that the Consent Agenda backup material is no different. He explained that it is not the dollar figure that

4 Page 4 determines what goes onto the Consent Agenda. He stated that the power supply purchases are absolutely critical to the everyday functioning of any local government. He stated that this equipment needs to be replaced and public safety is important. Mr. Vanderpool explained that this new fire vehicle will be replacing a fire public safety vehicle that has exhausted its useful life. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. Moved to Consideration Item #4. B. To approve payment of the bills as presented: General Fund - $962,969.63, Water & Sewer Fund - $4,250,869.08, Other Funds - $1,382,613.36, Total Checks - $6,596, C. RESOLVED, to purchase a heavy-duty rescue vehicle and accessories from Pierce Manufacturing, Inc., 2600 American Drive, P.O. Box 2017, Appleton, WI 54912, at pricing available through a Houston-Galveston Area Council cooperative bid in the amount of $490,000, and authorize the City Manager to sign all documents required in conjunction with this purchase. D. RESOLVED, to award the bid for tree branch / brush chipping services to Wonsey Tree Service, Inc., Post Office Box 1142, Alma, MI 48801, for a one-year period at unit prices bid and authorize the City Manager to extend the bid term one additional year upon mutual consent under the same terms and conditions. E. RESOLVED, to award the bid for janitorial services and supplies for City park restrooms to Du All Cleaning, Inc., West Star Drive, Shelby Twp., MI 48315, for a two-year period based on unit prices bid.

5 Page 5 F. RESOLVED, to award the bid for maintenance of irrigation and park restroom water systems to Techseven Company, Mile Road, Shelby Township, MI 48317, for a three-year period at unit prices bid. G. RESOLVED, to purchase office supplies from Office Depot, Haggerty Road, Northville, MI 48168, at pricing available through The Cooperative Purchasing Network contract, R141703, for the period March 1, 2015 through February 28, 2018, with an optional two-year extension renewable in one (1) year increments. H. RESOLVED, to receive the report of the Purchasing Manager pursuant to City Code 2-221(B) regarding the emergency purchase of two uninterruptable power supply (UPS) units from LaBelle Electrical Contractors, Twenty-One Mile Road, Macomb, MI at a total cost of $104,981 and authorize a budget amendment from General Fund reserves in the amount of the emergency purchase. I. RESOLVED, to approve final payment to Pro-Line Asphalt Paving Corp., Mile Road, Washington, MI 48095, in the amount of $72,996.39, plus interest on retainage, for the 2013 Asphalt Resurfacing Program, City Project # J. Moved to Consideration Item #3. CONSIDERATION 2. Linda Mayer, attorney representing the applicant F & B Hospitality, LLC spoke concerning the request for the transfer of the Class B liquor license. She introduced Mr. Paul Skalzey, an employee representing the applicant hotel. Ms. Mayer stated that her client purchased this

6 Page 6 property back in November of 2014 for $3.7 million dollars. She stated her client is pursuing a national flag and is in discussion with several different brands. Moved by Romano, seconded by Schmidt, RESOLVED, that the request to transfer ownership of 2014 Class B-Hotel liquor licensed business, with Sunday sales permit (AM), Sunday sales permit (PM), dance/entertainment permit, outdoor service (1 area), specific purpose (food and registration of guests), 7 bars, and 246 rooms, located at Van Dyke, Sterling Heights, MI 48312, from BW Sterling Heights, LLC to F & B Hospitality, LLC, be considered for approval. Councilman Romano stated that this property used to be the Best Western Sterling Inn and this item is simply a transfer of the liquor license to the new ownership. He added that it is a mainstay in the City, it is a meeting place and it is clean and this property keeps great personnel and is a nice location. Councilwoman Ziarko stated that she is in support of the transfer. Councilman Skrzyniarz requested that the applicant inform the City of any future plans for the facility, he agreed with Mr. Romano s comments and added that the facility it is a great asset to the community. 3. Item #2-J from the Consent Agenda. Paul Smith Sterling Heights cost of street repairs, described location of street repairs throughout the City via use of a map of the City. Moved by Romano, seconded by Taylor, RESOLVED, to waive the competitive bidding requirement in accordance with City Code 2-217(A)(9)(b) and approve a contract for the 2015

7 Page 7 Local Road Concrete Reconstruction Program, City Project #15-266, between the City of Sterling Heights and Galui Construction, Inc., Harper Avenue, Clinton Township, MI 48035, in the amount of $1,810,345 and authorize the Mayor and City Clerk to sign all documentation required in conjunction with this approval. Councilman Romano stated that the season for repair and replacement is approaching and asked Mr. Vanderpool to further explain the proposed repairs. Mr. Vanderpool stated that this is just one component of the Safe Streets Proposal and related millage. He listed the eleven roadways scheduled for complete reconstruction and stated the other components of the program are asphalt resurfacing and concrete sectional replacement. He stated the City will be spending just over $4 million this year, far exceeding the $3.3 million allocated through the Safe Streets millage annually for six years. He said the roads he identified did not include the mega projects that are scheduled including Van Dyke, Dodge Park, Dequindre from 19 Mile to M-59, resurfacing of 15 Mile from east of Ryan to Dequindre in both directions. He started that if the May 5 th ballot proposal passes the City will have an additional almost $6 million to allocate to road improvements in Sterling Heights and another $10 million throughout the county every year. He added that Sterling Heights has major road improvements planned over the next five years and that the total will exceed $50 million over the next few years in road improvements in Sterling Heights. Councilman Romano asked Mr. Vanderpool to address the roads that the City is not responsible to maintain. Mr. Vanderpool stated the Safe Streets proposal was for neighborhood road improvements and major road improvements are funded by the state and there is insufficient funding at the state level

8 Page 8 for major road improvements. He explained that major roads such as Mound, Schoenherr, Metro Parkway, Dequindre, 14 Mile and 18 Mile are County roads and not under the City s jurisdiction. He stated that improvements in the future are to be made, but neighborhood roads are the current focus of the City through the Safe Streets millage. Councilman Skrzyniarz addressed phone calls he received from residents regarding potholes. He explained that the City must prioritize for repair the roads that arte in the worst shape. He stated that all the roads can t be fixed all at once. 4. Item #1-A from the Consent Agenda. Moved by Shannon, seconded by Ziarko, RESOLVED, to postpone approval of the March 3, 2015 regular meeting minutes to April 7, 2015 in order to consider the amendment being suggested to the City Clerk. COMMUNICATIONS FROM CITIZENS Ms. Jazmine Early- Sterling Heights - thanked the cultural commission, congratulated the new firefighters, sales tax increase proposal on the May 5th ballot. Mayor Taylor asked speakers not to urge residents to vote for or against a ballot proposal. Mr. Joe Judnick - Sterling Heights -city maintained roads, clarification on Fett vs. Sterling Heights, Planet Fitness and gender identification. Mr. Joel Thomas Sterling Heights - police officers and the racial discrimination issues across the country; police brutality.

9 Page 9 Ms. Jackie Ryan Sterling Heights - smart meters and criminal charges against a resident concerning smart meter installation. Mayor Taylor stated no comment would be made on the pending criminal. Mr. Daniel Walsh - medicinal marijuana and dispensaries. Mr. Joe Mazolla Sterling Heights - smart meters and how to read a smart meter. Mr. Paul Smith Sterling Heights - non-city maintained streets, proposed sales tax increase. Mrs. Pauline Holeten - Shelby Township - Smart meters Ms. Verna Babula Sterling Heights - smart meters; response regarding the letter sent to the Attorney General about smart meters. Mr. John Holeten - Shelby Township - smart meters Mr. Dennis White Sterling Heights - concern about newspapers thrown on the street/sidewalk Mr. Mike Lombardini Sterling Heights - smart meters, compliments Sterling Heights police department concerning an open carry incident. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool responded to comments from citizens. He stated 19 ½ Mile will be constructed from Merrill to Utica and work will begin this construction season. He said that letters have gone out to the newspaper carriers and advertisers and we are seeking their voluntary compliance from throwing the papers on the ground and to place them on stoops or in newspaper boxes. He stated Mr. White and other residents will be included on a do not deliver list. Mr. Bahorski stated the City Manager and he are requesting closed session tonight and it will require a roll call vote.

10 Page 10 Councilman Skrzyniarz addressed the smart meter issue. He stated that residents don t want us detaining DTE workers or to pass an ordinance that is a violation of the law and subject the City to an instant lawsuit by DTE that will be in the millions. He stated the vast majority of residents want us to look at this deliberately and that is what they are doing by contacting the Attorney General and to make sure we are following the proper course of action. He recommended that speakers opposed to the installation of smart meters should consider spending their time lobbying the legislature and the Governor s Office. He thanked Mr. White for his comments on the newspaper issue along with Mr. Vanderpool and his comments. Councilman Romano thanked Community Relations Director Bridget Doyle and the entire Community Relations department and the Ethnic Committee for the Cultural Exchange last Friday at the Senior Center. He said it was a nice affair with a tremendous turnout at the Senior Center. Mayor Taylor acknowledged the work of the Ethnic Community Committee in hosting the Cultural Exchange at the Senior Center and pointed out that it is just one of a number of City sponsored festivals and activities offered to residents. UNFINISHED BUSINESS There was no Unfinished Business discussed. NEW BUSINESS There was no New Business. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Moved by Ziarko, seconded by Romano, RESOLVED, to recess to closed session. Roll call vote: Yes: Ziarko, Romano, Skrzyniarz, Taylor, Koski, Schmidt, Shannon.

11 Page 11 The motion carried. The meeting was recessed at 9:32 p.m. ADJOURN Moved by Romano, seconded by Ziarko, to adjourn the meeting. The meeting was adjourned at 10:55 p.m. MARK CARUFEL, City Clerk