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City Council

Regular Meeting

Sterling Heights, MI · May 5, 2020

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Minutes

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MAY 5, 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 video teleconference, in accordance with Governor Whitmer’s Executive Order 2020-48, 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 Michigan 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 teleconference during communications from citizens toward the end of the meeting 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. Regular City Council Meeting Tuesday, May 5, 2020 Page 2 3. Council Members participating at roll call: Michael C. Taylor, Liz Sierawski, Deanna Koski, Michael V. Radtke, Jr., Maria G. Schmidt, Henry Yanez, Barbara A. Ziarko. 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: Schmidt, Sierawski, Taylor, Yanez, Ziarko, Koski, Radtke. No: None. Absent: None. The motion carried. 5. REPORT FROM CITY MANAGER Mr. Vanderpool provided an update on the Covid-19 emergency, specifically as it relates to Sterling Heights. He reported that, although they have had a few of their first responders test positive to Covid-19 and adhered to the required quarantine period, all police officers and firefighters are now back to full strength. He attributed the low number of cases to the significant precautionary measures put in place early, including establishing an open line of communication with their leadership team, consisting of the Mayor, City Council, directors and managers, and they have collaborated daily throughout the last two months. He noted that the City has become one of Zoom’s best customers, and he stressed that good communication allowed them to take decisive action by declaring a local emergency on March 13 and beginning to close facilities on March 16, becoming the first community in the County to do so. Their emergency purchasing authority allowed them to stock up on Regular City Council Meeting Tuesday, May 5, 2020 Page 3 personal protection equipment (PPE) early for first responders, and they were able to purchase necessary sanitizing equipment to disinfect ambulances and police cars multiple times daily, as well as their facilities. They authorized paid on call for police officers to protect them from Covid-19 exposure by only calling them in when run volume necessitated, while still keeping the community safe. Code Enforcement has patrolled grocery store parking lots and, in cases where owners were not able to keep up with lot sweeping, the City’s contractor took action to sweep the lots for them, noting that PPE supplies disposed of in the parking lots and on sidewalks posed a public hazard. Fire Prevention and the attorney’s office worked closely to ensure only essential service businesses remained open, pursuant to the Governor’s executive orders. He stated they made sure that those businesses that did remain open had a plan for PPE, social-distancing, sneeze guards and other precautionary measures. He stressed they developed a very proactive public outreach campaign stressing the importance of the “Stay Home” order, including televised public service announcements, a dedicated webpage with numerous resources, and regular messaging through email and texting with thousands of residents. They promoted all of the City’s services available to businesses and residents online. He added that their eGovernment options allow businesses and residents to complete most of their needs remotely and from online sources. They established a citizen hotline and volunteers to address the needs of seniors, including grocery shopping, pharmacy, and Regular City Council Meeting Tuesday, May 5, 2020 Page 4 medical trips, and even to pick up such items as pet food and cat litter. They established an alternative site for future City Council meetings to better protect the community from contracting Covid-19, and for the next six months, the City Council meetings will be held in the Community Center, beginning with the May 19 meeting, providing that the Governor does not extend the “Stay Home, Stay Safe” order that expires on May 15. The larger space will provide more social distancing protection than what is available at City Hall. Mr. Vanderpool felt that all of these measures taken are working, and he provided graphs depicting the latest information through yesterday. He noted the cases of Covid-19 positive tests in Sterling Heights, there is a subtle trend downward from the data collected on April 3, which is good news and indication that the data is moving in the right direction. He added that, unfortunately, there have been Covid-related deaths in Sterling Heights, adding that their hearts and thoughts are with those families affected, but he emphasized the good news that they are seeing those numbers going down as well. Mr. Vanderpool showed charts that compare the data with other communities countywide, and pointed out the raw data indicates that the City of Sterling Heights has the second highest number of cases, which makes sense because they are the second-largest community in the County; however, when they look at the cases on a per-capita basis, Sterling Heights is further down on the list, so the impact to the City is less severe than some of the other cities noted. He noted the same holds true for the number of deaths on a per-capita Regular City Council Meeting Tuesday, May 5, 2020 Page 5 basis. He thanked the community, all businesses and the leadership team that have worked extremely hard over the last couple of months to take precautionary steps. Mr. Vanderpool explained the next process involves a reopening plan, with the current Stay-At-Home order expiring on May 15. If that does not change, the City will be begin a reopening plan on Monday, May 18. It is a very comprehensive plan with a lot of details, and they will be announcing it next week. It is centered on protecting visitors and employees utilizing city facilities, and once all facilities are open over an approximate two-week period, they feel they will be able to lift the local emergency sometime in early June. He thanked everyone for their cooperation and understanding during these unprecedented times. Mr. Vanderpool provided good news related to the Census 2020, noting that they have had a very aggressive census campaign underway for a number of months, and that effort is paying off, with the census response rate for complete online and some mail-in hard copies totaling 78.9%. They anticipate in the next week it will be over 80%, which he felt is remarkable compared to other communities. He noted that they are way above the U.S. average, and Michigan is tracking at about 63.5% received, with Southeast Michigan at 67%. He added that Macomb County has a census return rate of 74.8%, and he reviewed the response percentage in some of the other comparable communities. He is confident that they will exceed their percentage from the Regular City Council Meeting Tuesday, May 5, 2020 Page 6 2010 census, which was 83% and not reached until October 2010, and they are well on their way to hit their goal of just over 90%. He commended the community for taking time to get engaged with the census, and he urged those who have not done so to complete the hard-copy forms when they receive them. Mr. Vanderpool concluded his report by wishing Mayor Taylor a happy birthday on behalf of all of the Mayor’s colleagues, the directors, and all city employees, including himself. Mayor Taylor thanked Mr. Vanderpool for the wishes. 6. ORDINANCE INTRODUCTIONS A. Mayor Taylor stated this is to consider introduction of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the east side of Dequindre Road, north of 14 Mile Road, in Section 31, from O-2 (Planned Office District) to R-60 (One-Family Residential District); Case PZ20-0001 – Sikh Society of Michigan, Inc. He invited City Planner Chris McLeod to give a presentation. City Planner Chris McLeod explained this is a Conditional Rezoning application from O-2 to the potential R-60 designation to allow for the building of an approximately 2,000-square-foot single-family residence on Sikh Temple property that will be utilized solely for the upper echelon of the Temple and will not be for sale or rentals. The Sikh Society has purchased this property within the last five years and added it to their initial temple property, which is why the zoning does not match that of the remainder of the site. It is Regular City Council Meeting Tuesday, May 5, 2020 Page 7 approximately 0.857 acre and, when added to the original 1.37 acres, it totals just over two acres in size. Mr. McLeod explained the O-2 District does not permit either a place of worship or a single-family home, which is why they have submitted this petition. He indicated the remainder of the Sikh property was rezoned for the temple in 2007, which was a similar rezoning from the office designation to R-60. Because this is a proposed single-family residence construction, the Planning Department did not have many comments in terms of the site plan review. He pointed out the site does not have frontage on Dequindre, so the site will be accessed from a driveway leading from the parking lot. He reviewed the zoning of the surrounding properties, adding that the Master Plan calls for this area to be planned for office, but the R-60 may be appropriate to provide for an extension of the place of worship because it is a non-residential use and is consistent with the office designation. An aerial view of the site was depicted, and he pointed out that the house will be located to the north of the site. The property has already been acquired, but it is a split zoning of the current property configuration. It is a 1,950-square-foot, all-brick facade ranch-style home, with the driveway off of the parking lot. The house will abut offices to the west side of the property, so there will be no impact of the house being too close to additional residences. There is a subdivision to the north, but substantial distance exists between them. Mr. McLeod stated there is no realistic chance that this property would be utilized as office unless it was used by the Sikh Temple as office, but the use of the overall site is as a Regular City Council Meeting Tuesday, May 5, 2020 Page 8 place of worship. The majority of the property is already zoned R-60, and this rezoning would remove and clean up the split zoning that exists. He reminded that they will restrict this use solely for the usage of the temple, and the house will not be sold or rented out. Mr. McLeod indicated the Office of Planning recommended approval of the application, and the Planning Commission made a recommendation for approval of the rezoning. He offered to answer any questions. Mayor Taylor stated that the petitioner, Mr. Kahlon, is participating in this teleconference, so he asked him if he would like to make a presentation. Mr. Surinderjit Kahlon, a congregation member of the Sikh Society of Michigan, thanked Mr. McLeod for making the presentation. He indicated he does not have anything to add but offered to answer questions. Moved by Schmidt, seconded by Sierawski, RESOLVED, to introduce the map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the east side of Dequindre Road, north of 14 Mile Road, in Section 31, from O-2 (Planned Office District) to R-60 (One Family Residential District); Case PZ20-0001, and to direct Applicant 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 May 19, 2020 regular meeting. Councilwoman Schmidt felt this equates to the same as having a rectory on a Catholic Church property, and she stated she has no issue at all with this rezoning. Regular City Council Meeting Tuesday, May 5, 2020 Page 9 Mayor Pro-Tem Sierawski questioned who owns the property on Dequindre, immediately north of the Sikh Temple driveway. Mr. McLeod clarified that the aerials need to be updated, but there is actually a nice medical office now at that location, developed by Mike Torres. Mayor Pro-Tem Sierawski felt it is often important to have the pastor, priest, or leader of the church to be in close proximity to where they serve, so she is in favor of the requested rezoning. Yes: Sierawski, Taylor, Yanez, Ziarko, Koski, Radtke, Schmidt. No: None. Absent: None. The motion carried. 7. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of April 21, 2020. B. To approve payment of the bills as presented: General Fund - $509,263.64, Water & Sewer Fund - $92,991.69, Other Funds - $8,380,343.27, Total Checks - $8,982,598.60. C. RESOLVED, to award the bid for transit mix to Protocon Ready Mix, 6227 Metropolitan Parkway, Sterling Heights, MI 48312, as primary, and Paragon Ready Mix, 48000 Hixson Avenue, Utica, MI 48317, as secondary, based on the respective unit prices bid for a one-year period. D. RESOLVED, to award the bid for landscaping and snow removal services in connection with nuisance abatement activities to Xpert Lawn and Snow, Inc., 21083 Mound Road, Warren, MI 48091, through April 30, 2021 at unit prices bid, with an option for the City Manager to extend the bid award two additional one-year periods, under the same terms and conditions. E. RESOLVED, to purchase wireless access point equipment and installation services from Access Interactive, LLC, 46635 Magellan Drive, Novi, MI 48377, at pricing available through Oakland County G2G Marketplace cooperative purchasing contract #4561 at a total cost of $19,787.50. F. RESOLVED, to: Regular City Council Meeting Tuesday, May 5, 2020 Page 10 (A) Purchase two (2) Segway i2 SE Police Patroller Personal Transporters from Segway Inc., 14 Technology Drive, Bedford, NH03110, at a total cost of $14,598; and (B) Purchase two (2) StreetSmart Patroller upfit packages, with dual trailer hitch and lift, accessories, preventative maintenance, delivery, and training from Great Lakes Segway, 239 E. Walled Lake Dr., Walled Lake, MI 48390, at a total cost of $9,620; and (C) Authorize a budget amendment in the amount of $18,396 from Capital Fund reserves to apply grant proceeds from the U.S. Department of Justice, awarded under the FY19 Edward Byrne Memorial Justice Assistance Grant (JAG) program, and authorize a budget amendment from State Forfeiture Fund reserves to fund the remaining balance of $5,822. G. RESOLVED, to approve the Offer to Purchase Real Estate for real property commonly known as 11580 Clinton River Road, authorize the City Manager or his designee to sign, as applicable, all documents required in conjunction with this approval, and approve a budget amendment to appropriate Land and Water Fund reserves for the amount of the purchase. H. RESOLVED, to purchase 8,000 tons of ‘late fill’ road salt at pricing available through the City of Farmington Hills’ cooperative bid for the 2020/21 winter season. I. RESOLVED, to: (A) Accept the proposal by GovHR USA, 630 Dundee Road, Suite 130, Northbrook, Illinois, 60062, for professional recruitment services – fire chief and authorize the City Manager to sign all required documents on behalf of the City; and (B) Approve a budget amendment in the amount of $32,500 from General Fund reserves. J. RESOLVED, to terminate the bid award to First Due Fire Supply Company, 207 E. Kipp Road, Suite A, Mason, MI 48854 for Cairns Reaction protective clothing and award the bid to Apollo Fire Equipment Company, 12584 Lakeshore Dr., Romeo, MI 48065, at the original unit prices bid through August 21, 2022. K. RESOLVED, to reject the bids received, waive the competitive bidding requirement in accordance with City Code Section 2-217(A)(9)(b), and purchase water main hardware from South Coast Industrial Metals, 841 E. Wilmington Ave., Salt Lake City, UT 84106 for a one-year period. L. RESOLVED, to approve final payment to DiLisio Contracting Inc., 23525 Lakepointe Drive, Clinton Township, MI 48036, in the amount of $253,345.14, plus interest on retainage, for the 2019 Local Road Concrete Reconstruction Program, City Project #19-339, subject to a retainage from the final payment in the amount of $10,000 as surety for satisfactory completion of punch list items. Regular City Council Meeting Tuesday, May 5, 2020 Page 11 M. RESOLVED, to extend the State of Emergency declaration executed by Mayor Michael C. Taylor on March 13, 2020, until Midnight, June 3, 2020, unless earlier cancelled by the City Manager after consultation with the Macomb County Emergency Management Coordinator. Yes: Taylor, Yanez, Ziarko, Koski, Radtke, Schmidt, Sierawski. No: None. Absent: None. The motion carried. 8. CONSIDERATION ITEM A. Mayor Taylor stated this item is to consider approval of Memorandums of Understanding between the City of Sterling Heights and the Sterling Heights Police Command Officers Association. He invited Mr. Vanderpool to give a presentation. Mr. Vanderpool explained that the two Memorandums of Understanding are very perfunctory and involve the Command Officers in the Police Department. He noted their current contract does not expire until June 30, 2022, and recently two labor issues have arisen which necessitated discussions between the City and the bargaining group. He explained the first Memorandum of Understanding pertains to the postponement of a promotional test for the rank of Lieutenant that was scheduled in May 2020; however, with the Covid-19 situation, they will not be able to have that test this month, so this Memorandum of Understanding pushes that to a date after July 1. Mr. Vanderpool explained the second Memorandum of Understanding, also involving the same group, will allow carry-forward of excess sick and personal time banks for command officers entering the Early Retirement Option Plan (EROP). He advised there is currently no option to carry forward any excess sick or personal time into the five-year EROP period, so in order to provide a level of Regular City Council Meeting Tuesday, May 5, 2020 Page 12 flexibility, the Command Officers Association approached the City about amending the collective bargaining agreement to allow command officers to carry forward accrued sick and personal time in excess of the 50 hours being bought back for average final compensation purposes. He assured this does not get rolled into their calculations in any way, but it provides them some flexibility to carry forward time they have earned and they can take off. He added it is a “use it or lose it” type of rule. The City felt it was a very reasonable request, and the level of flexibility is good for both parties, but there is no material impact to the City associated with either Memorandum of Understanding, so City Administration is recommending approval of both of these this evening. He offered to answer questions. Moved by Sierawski, seconded by Ziarko, RESOLVED, to approve the Memorandums of Understanding between the City of Sterling Heights and the Sterling Heights Police Command Officers Association and authorize the Mayor and City Clerk to sign the Memorandums on behalf of the City. Mayor Pro-Tem Sierawski stated she is in full support of this and has no questions or concerns. Councilwoman Ziarko felt it was explained well, and she is grateful they were able to reach an agreement that made everyone happy. Yes: Yanez, Ziarko, Koski, Radtke, Schmidt, Sierawski, Taylor. No: None. Absent: None. The motion carried. 9. COMMUNICATIONS FROM CITIZENS Regular City Council Meeting Tuesday, May 5, 2020 Page 13 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 and they will have four minutes in which to speak. Mayor Taylor indicated there is one person online who would like to speak. • Ms. Jazmine Early – thanked all who are working hard to keep everyone safe; felt businesses need to open safely but expressed concern for the financial stability of small businesses; urged City to let them open. 10. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool responded to the resident who inquired as to when businesses will be allowed to open. He explained the City of Sterling Heights does not get to make that decision and that is made solely by the Governor through her Executive Orders. He noted she has lifted some of the restrictions, and construction can resume this Thursday, so they will have their Building personnel available on Thursday to respond to inspections to assure they can get that work going pursuant to the Governor’s order. He added that other restrictions will begin to be relaxed, allowing more businesses to open, but he reiterated the City is not involved in that other than enforcing the Governor’s Executive Orders. He pointed out that City contractors who are doing roadwork are already working, and contractors doing work in City facilities will begin work this Thursday. He assured they are doing their part but they are more of a regulatory agency at this point. Regular City Council Meeting Tuesday, May 5, 2020 Page 14 Councilman Yanez stated with the anticipation of the budget hearings coming up, he requested a report from the Police Chief for all data regarding traffic issues going back at least five years, with an emphasis on speeding infractions, traffic control, and the cost and use of any automated auxiliary devices to control traffic. He would like to request that report be presented to the City Council members prior to the next meeting. He asked Mr. Vanderpool what the City is doing to help small businesses. Mayor Taylor questioned whether Mr. Vanderpool is clear on the direction of the request. Mr. Vanderpool questioned the information requested involving traffic incidents, and he inquired as to whether he is looking for information on traffic speeding incidents over the past five years. Councilman Yanez replied he would like to see a minimum of five years of data on all traffic, including accidents but with an emphasis on speeding. He would also like information on how many patrols they have out, the number of men and women who work in the patrol division, and any revenue they receive from the traffic tickets. Mr. Vanderpool expressed concern with timing, noting that gathering five years of data under the current conditions could take much longer than a few weeks. He questioned whether they could have some latitude on the timing, adding that it is “all hands on deck” in the Police Department now to get through the crisis at hand. He suggested they could put a more thorough Regular City Council Meeting Tuesday, May 5, 2020 Page 15 report together but would need at least 30 days, preferably 60 days. He explained they also have a Police Manpower Study and a Fire Manpower Study underway which is being worked on by both departments, and some of the data being requested may be found in those studies. He did not anticipate that data will be available for sixty days, so if they could coordinate the information being requested by Mr. Yanez with the manpower studies, that would work well. Councilman Yanez noted that their budget hearing is scheduled for June 2, and he would like some statistics, even if it is for a year or two. He felt the court would have records on the revenue from those tickets. Mr. Vanderpool assured they can provide some level of data, although it may not be over the last five years, and they will provide whatever they can related to the topic for the June 2 budget hearing. He added that if more detailed information is needed, they can provide that as well. Councilman Yanez stated anything they can provide prior to the budget hearing will help. He questioned whether Sterling Heights is doing anything to help small businesses. Mr. Vanderpool assured they have coordinated with the Chamber of Commerce for a number of Covid-casts for businesses, which consisted of about six podcasts ranging from five to twenty minutes each, featuring expert financial individuals, and they have pushed these out to businesses. These provide good information on how businesses can access some of the loans Regular City Council Meeting Tuesday, May 5, 2020 Page 16 available to the Small Business Association, and he noted some of these loans turn into grants if they keep their employees employed during the crisis. He noted they have helped small businesses get with their banks, and they have worked with Macomb County and their application process, because counties were allocated a certain amount of federal funding to provide grants ranging from $5,000 to $10,000 for small businesses. He stated they worked hard to make sure businesses in Sterling Heights were aware of that opportunity, and he added that numerous businesses applied and were awarded funding as a result. Mr. Vanderpool explained they are working on a microloan program that will be administered at the city level for businesses with five employees or less. That program will be on the City Council agenda for their meeting on May 19, 2020, and it will be run through the Community Development Block Grant (CDBG) program due to supplemental funding in the amount of $200,000 that was received through the federal funding made available during this crisis. He advised that businesses can go to the City’s website and get connected with all of the financial resources they need to apply for these various loans. Councilman Radtke commended the Community Relations Department for their work with volunteers to make sure the senior community has whatever they need. He noted an 89-year-old resident received cat litter and was so thankful and indicated she loves living in Sterling Heights because they go above and beyond for their residents. Regular City Council Meeting Tuesday, May 5, 2020 Page 17 Councilman Radtke expressed concern about the elections in August and November and felt anything the City can do to make voting easier this year should be considered, possibly sending everyone an application to vote by mail or adding postage to assure that absentee ballots get returned. He would like to be proactive to make sure residents can cast their votes without worrying about getting sick during a pandemic. He suggested they could possibly have local drop boxes throughout the community to make it easier for people to vote. He expressed concern for the volunteers who run the election because many of them fall into the high-risk category, but he wants to make sure Sterling Heights residents can exercise their constitutional rights. He would like Administration to consider the election when they bring the budget forward. Mayor Pro-Tem Sierawski commended Councilman Radtke for his concern about the upcoming elections and she agreed they should make sure they have the right to vote protected to the best of their ability. She stated she is open to finding ways that they can help residents vote, and if postage on the absentee ballots helps, she was confident they could find a way to make that cost-neutral by cutting a few things that are not as necessary. She stated she is a nurse who takes care of patients, and she thanked the residents for doing such a good job of staying home and following the Governor’s guidelines. She acknowledged the restrictions are hard and stressed that they are not punitive but put in place to protect everyone. She expressed sadness for those missing Regular City Council Meeting Tuesday, May 5, 2020 Page 18 milestone events such as graduation and for those who have lost loved ones, but she is hopeful that people have found joy and gratitude for everything they have. She thanked all of the first responders, including police, fire and DPS, health care workers, as well as those working in grocery stores, pharmacies, delivering mail, and others. She stated the Covid admissions in hospitals are down, as well as the number of deaths from Covid-19. Councilwoman Ziarko agreed she wants everyone to have the opportunity to vote in the upcoming elections this year, but she reminded that this is not a one-time expense, and if they incorporate an additional expense now, they will be moving it forward. She stated she listened to a Michigan Municipal League podcast yesterday, and one of the speakers cautioned that no one knows how much the Coronavirus is going to cost each community, and even though they may be told they will get money does not mean it will happen. She noted the only thing they have control over is what they are going to spend, so she would like to concentrate on that. She suggested possibly the Secretary of State should look into the possibility of paying for return postage on absentee ballots throughout the state so it is not just in one community. She cautioned they will have a reduced amount of revenue-sharing so the City cannot continue to absorb more costs. She stated she is in “2008 mode”, which was not a good time financially, and they need to be careful of what they are spending. She would like everyone to vote, and possibly having multiple drop boxes throughout the City may be an option, but she claimed she has talked Regular City Council Meeting Tuesday, May 5, 2020 Page 19 with people who do not trust the post office to get their absentee ballot to City Hall and prefer to drop it off themselves. She felt the elections taking place in a number of counties throughout the state will give them an idea of what to expect moving forward and how they handled those elections, and they can learn from that experience. Councilwoman Koski questioned whether Sterling Heights has a permanent list of absentee ballot requests, or whether people have to request them for each election. Ms. Ryska replied that the City of Sterling Heights maintains a permanent absent voter list, so people on that list automatically receive an absentee ballot application every election cycle. Councilwoman Koski questioned how someone can get on that list, and whether it is automatic when a resident turns a certain age. Councilman Radtke replied that voters can request it by going online and filling out the online form, they can contact the Clerk’s office and do it over the phone, or they can send an email to the Clerk’s office to request to be on that list. Councilwoman Koski agreed with Councilwoman Ziarko that they need to look at their expenses and the cost of elections. She suggested they should consider a ballot question in asking for four-year terms for Council members. She indicated there has been conversation as to how to get on the ballot as far as whether a certain number of signatures should still be required, or whether Regular City Council Meeting Tuesday, May 5, 2020 Page 20 a fee could be paid. She mentioned that possibly they could require 1,000 signatures on a petition, or a $1,000 fee in lieu of the signatures, and the choice would be up to the candidate. She pointed out that the fees would help to defray the cost of the elections because they will still have to have their election workers available to count absentee ballots. Councilwoman Schmidt suggested that instead of paying for postage, there could be some consideration given to installing permanent drop boxes at each of the five fire stations. These would be city-owned locations that are constantly manned with personnel from the city. Instead of the recurring expense of return postage for every election, the drop boxes would provide an opportunity for voters to drop off their absentee ballots in their own neighborhoods. Someone from the Clerk’s office could empty those boxes a few times a week or whatever is deemed necessary. She would prefer to see that rather than more money spent when revenue sharing amounts are down and they do not know where their money will come from in the future. Mayor Taylor noted there seems to be concern expressed online that mail-in voting is more susceptible to fraud than voting in person. He inquired as to whether Clerk Ryska feels there is more opportunity for fraud with mail-in voting. Ms. Ryska replied that, in accordance with state laws and guidelines provided in the accreditation manual, the Clerk’s office follows very strict protocols when people return their ballots. The check signatures, make sure envelopes are Regular City Council Meeting Tuesday, May 5, 2020 Page 21 sealed, returned on time, and regarding the processing of their absent voter (AV) ballots, she assured their process is very secure. She explained that Secretary of State Jocelyn Benson visited their Absent Voter Counting Board location at the March 10 election and she was extremely impressed with their process. Ms. Ryska assured they do everything they need to do to ensure the integrity and accuracy of the election. She stressed that the Clerk’s Department and her entire team work very diligently to ensure that fraud does not occur in Sterling Heights. Mayor Taylor questioned how they be certain that if a person receives an absentee ballot in the mail prior to the election, that they do not vote both absentee and at the polls. Ms. Ryska replied that electronic poll books are used at the precincts, which are downloaded from their statewide qualified voter file the night before the election. The electronic poll book indicates who has received an absent voter (AV) ballot and who has returned an AV ballot. If a voter comes in and wants to vote at a precinct, all of the election inspectors have to contact the Clerk’s office if the electronic poll book shows either that they received or returned the AV ballot. The Clerk’s office goes into the qualified voter file system to make sure they mark their absentee ballot sent earlier as “rejected,” which allows that voter to vote at the polling location. If that voter then later tries to return his/her AV ballot, it will be stopped because it will be “rejected.” Ms. Ryska stated that is standard procedure in all of their precincts. If someone had Regular City Council Meeting Tuesday, May 5, 2020 Page 22 already returned their AV ballot and tried to go to a poll location, it would be indicated on the electronic poll book, but all election inspectors would still call the Clerk’s office to verify. Mayor Taylor questioned whether the process of running the AV ballots through the tabulators is an open process where poll watchers can participate to ensure all of the ballots are going through. He questioned the process for the public to participate and how someone would be able to participate. Ms. Ryska replied that they can have poll watchers and challengers on their Absent Voter Counting Board; however, she cautioned that the AV Board is sequestered, so once they enter that Board, they cannot leave until 8 p.m. to preserve the integrity of the election since there are open ballots in view of people. Mayor Taylor raised the issue of safety and questioned what they will do if they cannot get the poll workers to come due to concerns over Covid-19. He questioned how they can make sure it is done safely, pointing out that they have 45 or 46 precincts, although some of them are double precincts. He further questioned whether there is a specific requirement as to how many polling locations they would have to maintain, and whether they could reduce the number of polling locations further to limit the amount of poll workers, although that would expand the number of voters at a precinct. Ms. Ryska explained the maximum number of voters at one polling location is 2,999. Some of their precincts are smaller, so they could take some of their Regular City Council Meeting Tuesday, May 5, 2020 Page 23 precincts and consolidate them into one precinct, but the challenge with that is location, because they like to keep their precincts within their neighborhoods. She explained when they go through redistricting, they plan on revisiting all 45 precincts to determine whether they need to redraw their precincts, but that is a long-range plan. Short-term plans for the August and November 2020 elections, state law does not allow them to consolidate precincts for state and federal elections like it does for local elections, adding that they are able to consolidate to 32 precincts for their local elections. Ms. Ryska stated she sits on the Michigan Association of Municipal Clerks Board of Directors, and they are talking with their legislators and lobbyists to see if they can get legislation approved to allow them to consolidate those precincts if they increase their absent voter numbers. She assured they are already actively looking for inspectors and have a plan to provide personal protection equipment, including masks, gloves, hand sanitizers, alcohol wipes and possibly face shields so they, along with their voters, feel safe and protected. Mayor Taylor appreciated the information and felt they will be seeing what other communities are doing as well. Councilwoman Schmidt recalled hearing that anyone holding an election today sent voter sent absentee voter applications to all registered voters, and they only had one precinct open within the entire city. She questioned if that was true. Regular City Council Meeting Tuesday, May 5, 2020 Page 24 Ms. Ryska replied that is correct, noting the Governor had the Authority under the Emergency Act to authorize the mailing of those applications to every registered voter within the district that was voting in the election. The Clerk’s sent out the AV ballots to anyone who applied, and each community had to have at least one in-person polling location open. She stated that, moving forward, the Governor does not have the authority to make those changes for the August election. She indicated that the Bureau of Elections, the Secretary of State, and the Governor’s office are waiting to see how the election today turns out and may determine what direction they will go in August. She added that Clerks in all communities are eagerly awaiting some report of how the election goes today. Councilman Radtke questioned whether they would rally their legislative representatives to change this so everyone can be sent an AV application to reduce exposure at polls. Ms. Ryska stated they have talked about this for years, and there was a group in 2016 trying to get a proposal on the ballot to be an “all-mail” state, but they did not obtain the appropriate number of signatures to get on the ballot. She felt it will be a matter of how comfortable people feel with that concept and how the legislature feels with approving legislation to that effect. Councilwoman Schmidt heard the Governor of New York is footing the bill for return postage for the AV ballots. She suggested other states may be able to look at doing that as well. Regular City Council Meeting Tuesday, May 5, 2020 Page 25 Councilman Radtke questioned whether the City pays the cost to mail out an AV application. Ms. Ryska replied affirmatively. Councilman Radtke questioned how many voters are anticipated to vote by absentee ballot for the August and November elections. Ms. Ryska predicted there will be between 20,000 and 25,000 AV ballots received for the August election. Councilman Radtke questioned whether the City Council could receive a report on the cost to mail every voter in the City an application to vote by mail. Ms. Ryska clarified that Clerks are not legally allowed to send out unsolicited AV applications, voters must request an application. She cited a court case against the City of Detroit 2007 or 2008 regarding this matter. Councilman Radtke commented that was a case where they were mailed out to senior citizens only. He claimed they can be mailed to everyone, according to the lawyers he has talked to. He further claimed if the applications are mailed to only one group, such as senior citizens, that is now allowed, because everyone has to have an equal chance to vote, but he maintained they can be mailed to everyone. Ms. Ryska emphasized that the Bureau of Elections does not permit it and she would be interested in hearing an alternate side to that. Mayor Taylor questioned whether Mr. Vanderpool can determine that cost for postage. He felt it would be quite an expense to mail an application to every Regular City Council Meeting Tuesday, May 5, 2020 Page 26 registered voter. He felt it is never too early to plan for the next election and they had a good discussion tonight. Mayor Taylor reminded that there is still time for residents to fill out their census form, although some are waiting until they receive the paper forms to arrive in the mail. He advised that if anyone is watching and has not yet filled out their census, they can go on the City’s website and there is a telephone number listed where they can call to get help if they need it. He stressed the completion of the census form is a great way in which residents can help out, because it brings money into the community based on population. Mayor Taylor noted that the City Council will possibly be holding their next meeting in the Community Center because the Governor’s Executive Order expires on May 15, 2020, which allows them to hold their meetings via teleconference on Zoom. If that order is not extended, they will be in the Community Center for the May 19 meeting, and they will have it set up so it will be broadcast on television like a normal meeting. Mr. Vanderpool confirmed if the Governor’s order is not extended, they will be in the large room where the Cultural Exchange festivities took place. He added that social distancing will not be a problem in that room, and they will be broadcast live and will be better than the Zoom meetings. 11. UNFINISHED BUSINESS There was no unfinished business. 12. NEW BUSINESS There was no new business. Regular City Council Meeting Tuesday, May 5, 2020 Page 27 13. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated he has nothing tonight. 14. ADJOURN Moved by Ziarko, seconded by Taylor, RESOLVED, to adjourn the meeting. Yes: Ziarko, Koski, Radtke, Schmidt, Sierawski, Taylor, Yanez. No: None. Absent – None. The motion carried. The meeting adjourned at 8:19 p.m. MELANIE D. RYSKA, City Clerk

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