City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, APRIL 7, 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 germane to any agenda item or city business to be provided via Zoom telephone conference during communications from citizens at (929) 205-6099, and when prompted, residents should enter Meeting #441199775 and press #, noting a passcode is not required. 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 on behalf of City Council, 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, April 7, 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 Sierawski, RESOLVED, to approve the agenda as presented. Yes: Schmidt, Sierawski, Taylor, Yanez, Ziarko, Koski, Radtke. No: None. Absent: None. The motion carried. 5. REPORT FROM CITY MANAGER Mr. Vanderpool provided an update to the City’s ongoing emergency response to the Covid-19 crisis. He explained city personnel continue to operate remotely to ensure local government services continue. He advised that if any individuals have questions regarding city services including, but not limited to, events and programming cancellations, permit issuance, social gatherings and its enforcement, they can email the city at cityhall@sterling-heights.net. There are personnel monitoring that address, and he assured the City will respond to the writer as soon as possible. He indicated they have had strong support from the business community and essential service operations to ensure they are deploying social distancing guidelines. He stated there have been a couple of exceptions that they have addressed, and their enforcement personnel are continuing to monitor businesses as necessary. He informed that police officers, as well as park personnel, are monitoring parks and dispersing crowds as necessary. He reminded that all park amenities remain closed and cones have been placed in the parking lots of the major parks, allowing parking in every other space. He stated it is impossible to close all of the parks, but the Regular City Council Meeting Tuesday, April 7, 2020 Page 3 measures they are taking are helping. He stressed they continue to request that residents voluntarily comply with distancing guidelines. Mr. Vanderpool stated that Sterling Heights Police Department has the authority to issue a $1,000 fine for any non-compliance, although they are hoping they do not have to do this, but the Governor has given local policing jurisdictions that authority. He assured that police and first responders continue to respond to 911 calls as required, and personnel levels are sufficient to handle the call volume. Mr. Vanderpool reviewed three important items on tonight’s Consent Agenda, with the first being a Resolution amending the schedule and adoption of the Fiscal Year 2021 Budget. He explained that under the revised schedule, the budget process would be delayed by approximately thirty days to enable administration to continue focusing on the Covid-19 emergency response. He advised that, upon passing the Resolution this evening, the budget will be submitted to Council on Friday, May 1, 2020. The budget and related Appropriations Ordinance will be presented by the Budget and Finance Director at the June 2, 2020 City Council meeting. A budget public hearing will be held at the June 16, 2020 City Council meeting, followed by adoption of the budget, with the new fiscal year beginning on July 1, 2020. Mr. Vanderpool explained the second Resolution on tonight’s Consent Agenda extends the Emergency Declaration, executed by the Mayor on March 13, 2020, Regular City Council Meeting Tuesday, April 7, 2020 Page 4 until midnight on May 13, 2020. He indicated the City Manager can cancel the Emergency sooner if warranted, but they believe it is highly unlikely. Mr. Vanderpool explained the third Resolution on tonight’s Consent Agenda, which is the action required to designate the Macomb Daily Newspaper as the alternate official city newspaper for publication of legal notices and advertising. The Century has suspended hard-copy delivery of their newspaper during this crisis, although they still provide online publications. The Macomb Daily is still providing delivery services, so this action is required. Mr. Vanderpool provided an update on a countywide program to treat the gypsy moth infestation that will be taking place in early- to mid-May. An aerial application of BTK will be used to reduce the high populations of gypsy moth caterpillars in areas that have heavy infestation affecting the long-term health of the impacted trees. He assured the spray substance is not harmful to humans, pets, vegetation or other wildlife, and the area to be treated in Sterling Heights is in and around the Franklin Park area, located south of 18 Mile, north of 17 Mile, between Ryan and Dequindre. He indicated notices will be provided by direct mail to individuals in the spray area, through the Michigan State University Extension Office, which is coordinating the applications countywide. Mr. Vanderpool stated that concludes his report this evening. 6. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. Regular City Council Meeting Tuesday, April 7, 2020 Page 5 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 17, 2020. B. To approve payment of the bills as presented: General Fund - $716,665.56, Water & Sewer Fund - $2,831,419.11, Other Funds - $2,795,249.66, Total Checks - $6,343,334.33. C. RESOLVED, to award the bid for utility structure and concrete repairs to K.D. Cement, LLC, 100 N. Pond, Suite A, Walled Lake, MI 48390, at unit prices bid through November 30, 2020, and authorize the City Manager to extend the bid award one (1) additional year under the same terms and conditions and at unit prices bid. D. RESOLVED, to award the bid for roadway enhanced landscape services, inclusive of miscellaneous labor and aeration services, to Unique Clips, LLC, 23075 27 Mile Road, Ray, MI 48096, for the period April 2020 through November, 2020 at unit prices bid, with an option for the City Manager to extend the bid award for the 2021 ad 2022 seasons, under the same terms and conditions upon mutual consent. E. RESOLVED, to award the bid for the purchase of long guns for the Sterling Heights Police Department Patrol Rifle Purchase Program to Vance Outdoors, Inc., 3723 Cleveland Avenue, Columbus, OH 43224, at the unit price bid. F. RESOLVED, to purchase two (2) DS450 high speed ballot tabulators from Election Systems & Software, LLC, 11208 John Galt Boulevard, Omaha, NE 68137, at pricing available through the State of Michigan’s MiDeal, cooperative purchasing program, Contract No. 071B7700120, in the cumulative amount of $72,832. G. RESOLVED, to purchase eBooks and eAudiobooks through the Midwest Collaborative for Library Services OverDrive Group, One OverDrive Way, Cleveland, OH 44125, in the amount of $20,000. H. RESOLVED, to approve the vehicle lease agreement between the Suburban Mobility Authority for Regional Transportation (SMART) and the City of Sterling Heights for an Eldorado Aero Elite 270 bus for use in the Parks and Recreation transportation program and authorize the City Manager to execute the agreement on behalf of the City. I. RESOLVED, to adopt the resolution amending the schedule for distribution, introduction and adoption of the Fiscal Year 2020/2021 Budget. J. RESOLVED, to extend the State of Emergency declaration executed by Mayor Michael C. Taylor on March 13, 2020, until Midnight, May 13, 2020, unless earlier cancelled by the City Manager after consultation with the Macomb County Emergency Management Coordinator. Regular City Council Meeting Tuesday, April 7, 2020 Page 6 K. RESOLVED, to designate the Macomb Daily as the alternate official city newspaper for publication of legal notices and advertisements for the remainder of the one-year bid award made on August 6, 2019. Yes: Sierawski, Taylor, Yanez, Ziarko, Koski, Radtke, Schmidt. No: None. Absent: None. The motion carried. 7. COMMUNICATIONS FROM CITIZENS Mayor Taylor stated that the communications from citizens will be entirely via telephone conference. He explained how the comments will be taken from those on the phone who wish to participate, indicating they will be recognized in turn and that person will be asked if they want to participate. He stated there was one person on the line, but when prompted, there were no comments from that individual. 8. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated he has nothing further this evening. Mayor Taylor stated that Police Chief Dale Dwojakowski and Fire Chief Chris Martin are also on the teleconference this evening and are available to answer any questions from council. Mayor Pro-Tem Sierawski encouraged citizens to continue to shelter in place. She urged them to wear a mask when they go out in public, and added that as a medical professional, she appreciates that many people are making masks and wearing the cloth mask or scarf because that allows the medical personnel to obtain the needed PPE (personal protective equipment). She stated she finally has enough N-95 masks for her twenty-five nurses, so she thanked everyone for doing their part. She requested that people dispose property of their masks and gloves after wearing them, noting that many people are Regular City Council Meeting Tuesday, April 7, 2020 Page 7 disposing of them on the floors in the store or in the parking lot, which will ultimately spread the disease. She reminded everyone to take care of themselves and the environment. Councilwoman Schmidt acknowledged and thanked all first responders, noting they have put themselves in the line of fire. She appreciated what they are doing and expressed her heartfelt thanks to everyone who is considered an “essential worker” and their families because they are sacrificing as well. She wished everyone well and urged everyone to stay safe and healthy. Councilman Radtke commended everyone for staying in their homes and obeying the executive orders. He felt that Sterling Heights residents has done a good job in complying, which is one of the reasons why they have avoided being one of the hotspots in the county. He thanked the first responders who are working very hard to keep everyone safe. He requested that Mr. Vanderpool address the regulations and ordinances pertaining to lawn care at this time. Mr. Vanderpool replied there is some confusion about the Governor’s executive order, which is actually quite clear. He explained a landscaper is not considered an essential service under the Governor’s order, and this is in the spirit of trying to reduce the spread of the virus. He advised if a resident has their own lawnmower, they can go ahead and mow and take care of their own residential property, especially as the grass starts growing over the next couple of weeks. He advised that anyone who contracts with a landscape company, as Regular City Council Meeting Tuesday, April 7, 2020 Page 8 it stands now, they will not be able to get a landscaper out to mow their lawn without being in violation of the Governor’s executive order. He added that he and the City Attorney feel this will change over time, and that the Governor will be pressured to allow some of that activity assuming that social distancing can be honored, but it is currently not a permitted activity. He explained that for safety reasons, the City is able to mow the parks within reason and they are allowed to maintain visibility obstructions along major roadways on medians and rights-of-way, but they will not be able to mow all of them. Councilman Radtke understood that the City will not be fining residents for not cutting their lawns at this time because of the emergency. Mr. Vanderpool replied that is correct, noting that the City will not be enforcing the six-inch rule at this time; however, he encouraged those residents with their own equipment to continue to cut their own lawns. They will not be issuing violations until they get through the crisis. Councilman Radtke stated he would like the City to investigate the cost of postage-paid absentee voter envelopes for the entire city. He would like to make sure, through the entire crisis, that everyone has the right to vote in August, and he would like a report on the cost for providing postage-paid envelopes. Mr. Vanderpool replied he will provide that information. Councilwoman Ziarko appreciated all of the hard work that Administration is doing during this crisis and the directors who are working from home and Regular City Council Meeting Tuesday, April 7, 2020 Page 9 keeping their staff together. She also appreciated the residents who are following the “Stay Home, Stay Safe” requirements. She urged people to reach out and help their neighbors through a phone call, possibly offering to pick up something at the store for them. She addressed Councilman Radtke’s question about the cost of postage-paid return envelopes for the absentee ballots, and indicated she would like some additional numbers, such as how many absentee ballots go out, how many are returned, and whether there are any complaints thus far from residents about whether the reason they do not return them is because of the cost of postage. She pointed out there are other ways to turn in the absentee ballots where they do not have to be mailed, and although she agreed everyone has the right to vote, she does not believe that the cost of postage to return the ballot is the reason why they are not voting or returning their ballots. She would like more research on that issue. She explained that, having been on Council during the 2008 financial crisis, she felt they need to look at what they are spending money on and what they should be spending money on. She cautioned that they do not know in the next budget year how much they are going to be paying for this emergency, and she felt that will be her focus as to what they have to do and what they have to change in the next budget year. She urged everyone to stay home and stay healthy and keep up the good work they are doing. Mayor Taylor assured that City Council, the City Administration, first responders, Police Chief and Fire Chief and directors of every department have Regular City Council Meeting Tuesday, April 7, 2020 Page 10 been working around the clock to make sure as many of their city services as possible can continue without interruption but in the safest possible way. They have sent employees home, but they get reports nearly daily about the work going on. He stated he is happy to report that a lot of the work continues to go on, and a lot of services continue to be provided for their residents, despite this incredibly difficult period of time. He assured they are mindful of their employees’ safety and that of the community, so he encouraged everyone to stay in their homes as much as possible, based on what the doctors and experts in infectious disease are urging. He acknowledged that the landscaping is a concern and he has heard from many residents about it, but he urged residents to reach out to their neighbors and help them, possibly cutting their grass if they have the ability to do so. He stressed he is incredibly proud of this community, including businesses, residents, first responders, health care workers, hospitals, doctors, nurses, and all others coming together during this crisis. He stated they are hoping to see light at the end of the tunnel, noting that they have come a long way in the last three to four weeks, and have a long way to go, but he felt if they continue to work hard, they will get out of this. He thanked Council for participating, and he thanked the IT Department who put in a lot of work to make these meetings run as smoothly as possible. He hoped the viewing audience at home has also been able to participate and watch this meeting just like any other meeting. 9. UNFINISHED BUSINESS There was no unfinished business. Regular City Council Meeting Tuesday, April 7, 2020 Page 11 10. NEW BUSINESS There was no new business. 11. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated he has nothing tonight. 12. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: Taylor, Yanez, Ziarko, Koski, Radtke, Schmidt, Sierawski. No: None. Absent – None. The motion carried. The meeting adjourned at 7:25 p.m. MELANIE D. RYSKA, City Clerk