City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MARCH 17, 2020 [HELD BY TELECONFERENCE DUE TO THE COVID-19 STATE OF EMERGENCY] 1. Mayor Taylor called the meeting to order at 7:00 p.m. Mayor Taylor asked, without objection, that the rules be suspended to provide this Council meeting be held via teleconference, in accordance with Governor Whitmer’s Executive Order 2020-2, and that participation of no less than four (4) Councilmembers on this conference call constitutes a quorum for purposes of conducting this meeting pursuant to the Open Meetings Act. Mayor Taylor additionally requested, due to the current state of emergency, and without objection, to suspend the rules to allow public comment to be provided via email only at cityhall@sterling-heights.net for all agenda items, and to incorporate all emails that are received and germane to any agenda item or City business be included in the minutes of the meeting. Mayor Taylor asked if there is any objection to proceeding in the manner he outlined. There were no objections from City Council members. 2. Mayor Taylor recited the Pledge of Allegiance to the Flag and Melanie D. Ryska, City Clerk, gave the Invocation. 3. Council Members participating at roll call: Deanna Koski, Michael V. Radtke, Jr., Maria G. Schmidt, Liz Sierawski, Michael C. Taylor, Henry Yanez, Barbara A. Ziarko. Regular City Council Meeting Tuesday, March 17, 2020 Page 2 Also Participating: Mark Vanderpool, City Manager; Marc D. Kaszubski, City Attorney; Melanie D. Ryska, City Clerk; Carol Sobosky, Recording Secretary. 4. APPROVAL OF AGENDA Moved by Koski, seconded by Ziarko, RESOLVED, to approve the agenda as presented. Yes: Yanez, Ziarko, Koski, Radtke, Schmidt, Sierawski, Taylor. No: None. Absent: None. The motion carried. 5. REPORT FROM CITY MANAGER Mr. Vanderpool provided an overview of the measures taken by the City over the couple of weeks to address the Covid-19 crisis. He stated on Thursday, March 12, 2020, the City closed the Senior Center, noting the approximately 500 seniors who meet there regularly are considered an at-risk group by the Center for Disease Control (CDC). In addition, the Community Center was closed due to the fact that, at any given time, 1,000 or more individuals could be in the center. On March 13, 2020, with the number of reported Covid-19 cases growing in the state, the City declared a local emergency consistent with action at the federal, state and county levels. Pursuant to their Emergency Operation Management ordinance, once an emergency is declared by the Mayor, it sets in motion action that can be implemented by the City’s municipal security team and the emergency services operations group, with the goal of protecting the safety of residents and employees. Mr. Vanderpool outlined the further actions that were executed as a result of this emergency declaration. All public facilities were closed effective March 16, Regular City Council Meeting Tuesday, March 17, 2020 Page 3 2020, including City Hall, the Library, Fire Station #5 Administration, Police (with the exception of the front desk and police officers), all Parks and Recreation facilities (with the exception of outdoor parks), and 41A District Court. He advised that the facilities will remain closed until March 31, 2020; however, they expect the closures will be extended into April. He explained that even though the facilities are closed, most employees are telecommuting, which allows many functions to continue remotely. He stated that allows the City to continue to accept bids that are already in process; permits can still be processed online by residents and businesses; many site plans still under review can be transmitted electronically back and forth between the applicants, Engineering and Building; bill payments can be processed online; registration for future programming at the Library and Parks and Recreation can be completed online; e-books, audio books, digital magazines and online tutoring is available from the Library’s vast digital online collection; police accident reports can be processed online, along with many other police services; and he noted this is a sampling of many of their online services. He informed that critical inspections are continuing, and there is no delay in curbside refuse and recycling services; however, he advised the drop-off centers will remain closed. He noted the Dial-A-Ride SMART Transportation service is still available to individuals, but only for medical appointments. He explained the City is coordinating a volunteer service for seniors who need assistance with grocery shopping, and there will be more information Regular City Council Meeting Tuesday, March 17, 2020 Page 4 forthcoming on that service. He stated that the 41A District Court is operating out of the former Shelby Court building, located at 51660 Van Dyke, while the Sterling Heights location remains under construction. He indicated the court is under limited operations and all small claims hearing and civil motions will be rescheduled to May; civil infraction conferences, informal hearings and formal hearings will be adjourned sixty (60) days; ten-day periods for all traffic citations have been extended as the court is unable to schedule informal hearings on traffic matters at this time; felony cases will remain as scheduled; criminal bench trials, pre-trials and sentencing hearings will be adjourned unless the defendant is in custody, and defaults or bench warrants will not be issued for individuals failing to appear during the period of emergency; and all those on probation will report by phone, mail or email until further notice. Mr. Vanderpool emphasized there is no change in schedule for first responders, including police officers and firefighters. He assured they are doing all they can to make sure they are protected in responding to calls. He stated first responders are focused on responding to day-to-day 911 calls and making sure the Governor’s executive orders and directives requiring closure of restaurants is enforced, with exception of carry-out and drive-up only service. He expressed appreciation for the strong compliance they have seen with the order. Mr. Vanderpool stated other businesses that have closed per the Governor’s order include bars, exercise facilities, coffee houses and movie theaters, along Regular City Council Meeting Tuesday, March 17, 2020 Page 5 with a few others. He recommended that anyone who would like more information about the limited city operations can send an email to cityhall@sterling-heights.net and there is information available on the city’s website, including a comprehensive Question and Answer section. If residents have any questions regarding their health related to Covid-19, they should contact their physician, or they can contact one of two important hotline numbers: Michigan Department of Health and Human Services at 888-535- 6136 from 8 a.m. to 5 p.m. seven days a week; or Beaumont Health at 248-551- 7000 from 10 a.m. to 6 p.m. Mondays through Fridays. He advised the CDC’s website is also informative (www.coronavirus.gov). Mr. Vanderpool stated that both Warren Consolidated Schools and Utica Community Schools are providing free to-go meals to all children and teens under the age of 18, and he recommended those interested can get more information on the school districts’ websites. Mr. Vanderpool stated the City’s Economic Development team is doing all that is possible to support the need for small and large businesses impacted by the crisis, making sure small businesses know about the Small Business Administration loans that are being made available due to the severe impact of the business interruptions. He advised that tomorrow, beginning at 6 p.m., there will be a Community Leader Forum consisting of the City Mayor, representatives from the Macomb County Health Department, Beaumont Health System, Henry Ford Hospital and school superintendents to discuss the Regular City Council Meeting Tuesday, March 17, 2020 Page 6 Covid-19 emergency and its impact on Sterling Heights. He indicated the general public is not able to attend the forum, it will be broadcast live on Facebook and will be aired on the Sterling Heights Cable Channel at various times over the next week. Mr. Vanderpool announced that the last item on tonight’s Consent Agenda is a Resolution to Extend the State of Emergency Declared by Mayor Taylor. He explained that, pursuant to City Charter, a Declaration of Emergency can cover a period of seven days, unless extended by City Council. It is anticipated this emergency will extend well beyond seven days. The Resolution on the agenda this evening authorizes an extension until midnight of April 13, 2020. Mr. Vanderpool concluded his report by thanking the Mayor and City Council for their steadfast leadership during this emergency, their constant availability and for countless conference call briefings. He stressed that their input, advice and support has been invaluable. He also thanked the City’s leadership team for their professionalism and guidance during this difficult period, and he also thanked the City employees for their understanding, cooperation and willingness to carry on with their jobs remotely. He believed that, even if the next few weeks become even more difficult, the City is well-positioned for the challenge. 6. ORDINANCE ADOPTIONS A. Mayor Taylor stated this is to adopt an ordinance amending Chapter 2 of the Code of Ordinances to create a Sustainability Commission. Regular City Council Meeting Tuesday, March 17, 2020 Page 7 Moved by Schmidt, seconded by Sierawski, RESOLVED, to adopt the ordinance amending Chapter 2 of the Code of Ordinances to create a Sustainability Commission. Councilwoman Schmidt believed this was discussed at length at the last meeting and she is satisfied with everything that is in place. Mayor Pro-Tem Sierawski commented that this is something that shows their innovation and their willingness to support their community and environment, so she is in favor of it. She is satisfied with the way everything has been explained. Councilman Radtke stated he missed the last meeting when this was introduced because of a working engagement, but he fully supports this Ordinance, adding it is innovative and puts Sterling Heights into the direction of looking toward the future, adding it is well-written. Mayor Taylor commended the City Attorney and Administration for this Ordinance. He felt it is a progressive move for the City of Sterling Heights, and he is looking forward to input from this Commission and the community, particularly with the challenges they are facing now. Yes: Ziarko, Koski, Radtke, Schmidt, Sierawski, Taylor, Yanez. No: None. Absent: None. The motion carried. Mayor Taylor stated that the ordinance is adopted. 7. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. Regular City Council Meeting Tuesday, March 17, 2020 Page 8 Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of March 3, 2020. B. To approve payment of the bills as presented: General Fund - $761,705.03, Water & Sewer Fund - $3,021,205.20, Other Funds - $3,723,654.01, Total Checks - $7,506,564,24. C. RESOLVED, to purchase office, meeting room, and common area furniture manufactured by Haworth, Safco, and National Office Furniture from Interior Systems Contract Group, LLC, 612 North Main, Royal Oak, MI 48067, at pricing available through OMNIA Partners cooperative purchasing contracts #R142211, #2020000606, and #P15- 150 and the State of Michigan cooperative purchasing contracts #071B7700023 and #071B7700074, at a cumulative cost of $1,649,790.91. D. RESOLVED, to purchase advanced life support and first aid medical supplies from Bound Tree Medical, 5000 Tuttle Crossing Boulevard, Dublin, OH 43016, at unit prices available through the Southeast Michigan Emergency Medical Supplies (SMEMS) Cooperative Purchasing Contract, #RFP-FH-19-20-2164, for a three-year period and authorize the City Manager to extend the terms and conditions three (3) additional one-year periods. E. RESOLVED, to approve final payment to Galui Construction, Inc., 33805 Harper Avenue, Clinton Township, MI 48035, in the amount of $24,632.83, plus interest on retainage, for the 2018 Concrete Sectional Replacement Program, City Project #18-306, and Fairway Drive and Barnum Drive Reconstruction, City Project #17-302. F. RESOLVED, to approve the reduction in the retainage for the 2019 Concrete Sectional Replacement Program, City Project #19-341, Kennedy Drive Reconstruction, City Project #19-338, and Fire Station No. 1 Drive Approach, City Project #19-346, to $38,800. G. RESOLVED, to: a) Purchase a 2020 Freightliner M2 106 single-axle medium duty truck chassis from Wolverine Freightliner – Eastside, Inc., 107 S. Groesbeck, Mt. Clemens, MI 48043, at pricing available through a Michigan Intergovernmental Trade Network (MITN) Master Purchasing Agreement in the amount of $78,668; and; b) Purchase a Henderson Mark IV flatbed dump body, with accessories, from Knapheide Truck Equipment - Flint, 1200 S. Averill Avenue, Flint, MI 48503, at pricing available through a Sourcewell / National Joint Powers Alliance cooperative Regular City Council Meeting Tuesday, March 17, 2020 Page 9 purchasing contract, NJPA #080818-HPI, in the amount of $29,182.60. H. RESOLVED, to accept proposals by Mando Construction, Inc., 75 Lafayette St., Suite 100, Mt. Clemens, MI 48043; Brencal Contractors, Inc., 26079 Schoenherr Rd., Warren, MI 48089; and Allied Building Service Company of Detroit, Inc., 1801 Howard Street, Detroit, MI 48216, for general construction services for a two-year period and authorize the City Manager to exercise the option of extending the terms and conditions of the proposals for one (1) additional one-year period. I. RESOLVED, to award the bid for turf fertilization and weed control of major road medians, guardrails, and retention ponds to Green World, Inc., 1401 Souter Blvd., Troy, MI 48083, at unit prices bid for the period April, 2020 through November, 2020 and authorize the City Manager to extend the bid term one (1) additional season under the same terms and conditions. J. RESOLVED, to award the bids for lighting controls, information technology, low voltage, and loading dock equipment per the recommendation of Construction Manager Roncelli, Inc. at a cumulative cost of $1,194,530. K. RESOLVED, to waive the competitive bidding requirement in accordance with City Code §2-217(A)(9)(b) and approve a contract between the City of Sterling Heights and DiLisio Contracting, Inc., 23525 Lakepointe, Clinton Township, MI 48036, for the 2020 Local Road Concrete Reconstruction Program, City Project #20-362, and Pondview Drive Improvements, City Project #20-365, in the amount of $4,138,727.94 and authorize the Mayor and City Clerk to sign all documentation required on conjunction with this approval. L. RESOLVED, to waive the competitive bidding requirement in accordance with City Code §2-217(A)(9)(b) and approve a contract between the City of Sterling Heights and Galui Construction Co., 33805 Harper Avenue, Clinton Township, MI 48035, for the 2020 Concrete Sectional Replacement Program, City Project #20-363, Hamilton East Drive Reconstruction, City Project #20-360, and Fire Station #3 Parking Lot Reconstruction, City Project #20-368, at a cumulative cost of $1,555,233 and authorize the Mayor and City Clerk to sign all documentation required in conjunction with this approval. M. RESOLVED, to adopt the Notice of Intent Resolution for Capital Improvement Bonds for Water and Sewer Projects. N. RESOLVED, to receive the lawsuit, Bashar Shakir v Sterling Heights Police Department, 41A District Court Case No. S-19-5517-GZ. O. RESOLVED, to receive the lawsuit, John Toyee v Sterling Heights Police Department, United States District Court for the Eastern District of Michigan Case No. 2:20-cv-10542. Regular City Council Meeting Tuesday, March 17, 2020 Page 10 P. RESOLVED, to receive the lawsuit, John Maddox v Sterling Heights Police Department, 41A District Court Case No. S-20-381-GZ. Q. RESOLVED, that the request from Schwarzkoff Volunteer Group, doing business as The SVG Parent Group, 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 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. R. RESOLVED, to extend the State of Emergency declaration executed by Mayor Michael C. Taylor on March 13, 2020, until Midnight, April 13, 2020, unless earlier cancelled by the City Manager after consultation with the Macomb County Emergency Management Coordinator. Yes: Koski, Radtke, Schmidt, Sierawski, Taylor, Yanez, Ziarko. No: None. Absent: None. The motion carried. 8. COMMUNICATIONS FROM CITIZENS Mayor Taylor stated that, as noted, communications from citizens will be received via email at Cityhall@sterling-heights.net, and he stated the emails will be included in the meeting minutes. There were no communications from citizens. 11. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated he has nothing further this evening. Councilman Radtke commended City Administration and City Council for they work they have done over the last week. He stated they have been meeting by conference call multiple times, and he stated it has been an honor for him to work with each and every one of the administrators and council members. Mayor Taylor thanked Mr. Vanderpool for his leadership during this time. He had indicated in his report that a lot of people have put a lot of work in these last days, which have been unprecedented times they are facing. He thanked Regular City Council Meeting Tuesday, March 17, 2020 Page 11 the Police Chief, Fire Chief, DPW Director, City Clerk and entire team in this organization. He specifically thanked the residents who are watching and listening to this meeting at home for their efforts in keeping the spread of this virus from being any larger than it has to be. He stressed none of them have dealt with this in their lifetime, and they cannot treat this without the cooperation of everyone. He thanked them again and added that they will get through it. 13. UNFINISHED BUSINESS There was no unfinished business. 14. NEW BUSINESS There was no new business. 15. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated he has nothing tonight. 16. ADJOURN Moved by Ziarko, seconded by Radtke, RESOLVED, to adjourn the meeting. Yes: Radtke, Schmidt, Sierawski, Taylor, Yanez, Ziarko, Koski. No: None. Absent – None. The motion carried. The meeting adjourned at 7:22 p.m. MELANIE D. RYSKA, City Clerk