City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, SEPTEMBER 15, 2020 IN COMMUNITY CENTER 1. Mayor Taylor called the meeting to order at 7:00 p.m. 2. Mayor Taylor led the Pledge of Allegiance to the Flag and Melanie D. Ryska, City Clerk, gave the Invocation. 3. Council Members present at roll call: Deanna Koski, Michael V. Radtke Jr., Maria G. Schmidt, Liz Sierawski, Michael C. Taylor, Henry Yanez, Barbara A. Ziarko. Also Present: 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 and, at the request of Councilman Radtke, move Consent Agenda Items 7-C and 7-G to Consideration Items 8-A and 8-B, respectively. The motion carried. 5. REPORT FROM CITY MANAGER Mr. Vanderpool stated he is pleased to start his report with a special recognition, announcing that County Commissioner Joe Romano will be presenting on behalf of the Macomb County Board of Commissioners. He introduced Police Chief Dale Dwojakowski to provide some information on the recognition this evening. Police Chief Dwojakowski explained that Officer Cameron Maciejewski heroically saved the life of an infant baby girl. Chief Dwojakowski relayed the details of the incident that occurred at approximately 10:45 p.m. on July 9, when they received a call that a baby was not breathing. Officer Maciejewski Regular City Council Meeting Tuesday, September 15, 2020 Page 2 was around the corner, arrived on scene quickly, calmed the family, assessed the baby was choking, and through a series of back blows, he dislodged curdled milk from the baby’s airway. The Sterling Heights Fire Department took over secondary care and the baby’s life was saved. The family was unbelievably thankful and appreciative, and a photo was shown of a few of weeks later when the baby’s mom and dad brought their baby daughter into the station and Officer Maciejewski was able to meet them. He invited County Commissioner Joe Romano to speak. County Commissioner Joe Romano read a Proclamation for Officer Cameron Maciejewski on behalf of the Macomb County Board of Commissioners and presented it to him. Officer Maciejewski expressed his appreciation of this recognition, and he believed that any other police officer in Sterling Heights would have responded to this call the exact same way. He was glad it resulted in a happy ending. Mr. Vanderpool stated it is with mixed emotions that he presents the next topic, which is the upcoming retirement of Fire Chief Martin, whose last day will be September 30. He stated Chief Martin has been with the Sterling Heights Fire Department for thirty-one years, rising through the ranks in the department to become Chief. He noted that the City’s Fire Department has been recognized throughout the State as one of the premier fire departments, and this distinction of excellence is further validated by residents and Regular City Council Meeting Tuesday, September 15, 2020 Page 3 businesses that have consistently ranked Sterling Heights Fire Department in the ninetieth percentile in terms of satisfaction levels. He credited these high marks through strong leadership, and that includes Chief Martin. He credited the Chief for advancing the department in a number of ways and invited the Mayor and City Council an opportunity to express their gratitude as well. Mayor Taylor read the Mayoral Proclamation, not just on behalf of himself but also on behalf of his colleagues on City Council and everyone in Sterling Heights who has benefited immensely from Chief Martin’s leadership. He turned the floor over to his colleagues who may want to say something to Chief Martin. Councilwoman Ziarko stated this is a bittersweet moment because Chief Martin has been a faithful servant to the residents of this community but also a partner in what Council and Administration have done. She emphasized his professionalism, dedication, commitment, and love for his city will be missed. She wished the best of luck to the Chief and his wife. Councilwoman Koski thanked Chief Martin for his excellent leadership and dedication to the Fire Department, noting the department’s many achievements under his leadership and direction. She commended him for the implementation of the Advanced Life Support (ALS) transport service and for making the Sterling Heights Fire Department a premier fire department in the State of Michigan. She thanked him for his service and wished him success in his next endeavor. Regular City Council Meeting Tuesday, September 15, 2020 Page 4 Councilwoman Schmidt recalled having breakfast with Chief Martin and saying she was not sure he was the right one for the position of Chief; however, she emphasized he proved her wrong, and she is glad. She stated integrity, energy, hard-working, forward-thinking, and never afraid to think outside the box are all words that come to mind when she thinks of Chief Martin. She commended him for always looking out for residents and business owners, and the safety of all in the City and in his department. She stated his love for the City shows, and she felt that is what made part of his job so successful. She thanked him and wished him well in his retirement. Mayor Pro-Tem Sierawski echoed the sentiments expressed by her colleagues. She stressed he has shown concern for the residents and fellow firefighters, he has demonstrated true compassion and grace under duress, and above all, he shows professionalism, which speaks of his character and integrity. She stated he will be missed very much in this position and is a true leader that she does not believe can be topped. She thanked him for all he has done. Councilman Radtke congratulated the Chief on his retirement and emphasized he will be missed. He stated public service is a thankless job, and he thanked Chief Martin for serving the residents and Council for thirty-one years, making the City a premier place to live in the State of Michigan. He congratulated Chief Martin on being able to leave and know he “left the City better than he found it”. He stressed the Chief will be missed, but he congratulated him and wished him well in his retirement. Regular City Council Meeting Tuesday, September 15, 2020 Page 5 Councilman Yanez felt the proclamation says it all. Chief Martin started in the Detroit Fire Department. He thanked Chief Martin for all he has done, adding it is greatly appreciated, but added there is nothing like retirement, so he urged the Chief to enjoy it. Mayor Taylor commended Chief Martin for always doing what he thought was right for the residents of this city, and he has always been invested in the City of Sterling Heights. He commented that it is hard to imagine the City of Sterling Heights Fire Department without him. He recalled when he was first on City Council, he met Chief Martin at a meeting where they were talking about raising a millage to support services in the City, and Chief Martin attended as a resident of Sterling Heights. He stated the Fire Department is there to protect property and lives, and he does not know of a city in this state or in any of the states across the country that does a better job of providing that core service than Sterling Heights, adding he does not feel it is a coincidence that Chief Martin has been leading that department. He stressed he will be sorely missed, and he congratulated him on everything he has done, adding that he can leave with his head held high, knowing he has improved the lives of countless people. He stated that through the Survivor Coin Program, they saw the results of the work Chief Martin, along with the men and women of the Fire Department, accomplished. He congratulated Chief Martin and his wife, thanked him for his services, and presented him with the Mayoral Proclamation. Regular City Council Meeting Tuesday, September 15, 2020 Page 6 Fire Chief Chris Martin thanked everyone for their kind words and added the first twenty-three years were awesome. He learned a lot from the people with whom he worked and taught some as he was going through the ranks. He stated eight years ago the City Council trusted him to become their Fire Chief, and he was able to become leader of one of the best organizations he has ever seen. It was a proud moment for him, he has been proud ever since, and he stressed it will be very hard to leave in two weeks. He thanked City Council, City Administration, and all of the friends he has made in the City, and he thanked his wife, Kelly, for being with him through his entire career and is his biggest supporter. He thanked his son, Max, and his family for always being there for him. He thanked everyone and looks forward to seeing everyone again after he retires. Mr. Vanderpool stated that concludes his report for this evening. 6. PRESENTATIONS A. Mayor Taylor stated this item is a presentation of the 2020 Diversity Distinction Awards. He explained they would normally host a dinner to honor these recipients, but unfortunately that could not be done this year due to the pandemic. He added that this is a proud night, so tonight they will be having a scaled-down version. He invited Community Relations Director Melanie Davis to come up to the podium. Community Relations Director Melanie Davis stated it gives her great honor and privilege to bring several individuals and organizations in this community who are doing exceptional work in promoting understanding of different Regular City Council Meeting Tuesday, September 15, 2020 Page 7 cultures, ethnic or religious backgrounds, demonstrating not only acceptance but appreciation for all cultures in their everyday lives. They are incorporating workplace diversity, and these individuals have shown an unwavering commitment to diversity and understanding in the community. She credited the commitment of the members of their Ethic Community Committee, who go above and beyond to promote, secure, and vet the nominations for their annual Diversity Distinction Awards each year. She introduced Ethnic Community Committee Chairperson Willie Dechavez. Chairperson Willie Dechavez stated he takes great pleasure in presenting the 2020 Diversity Distinction Awards. He explained the mission of the Ethnic Community Committee is to promote the City’s rich diversity and build a bridge of understanding of all residents. Those receiving the awards have made an impact on the overall quality of life in this City. He explained the nomination process. He thanked all of committee members and recognized them by name. He commended Ms. Sue Kattula for putting this event together this evening, and he introduced Ms. Sharron Allen to present the first award. Ms. Sharron Allen introduced Mr. Ted Amsden, Senior Consultant with The Leadership Group LLC, and a member of the Baha’I faith. She spoke of his background and achievements and presented him with a Diversity Distinction Award. Ms. Allen invited Ms. Stacy Williams to present the next award. Regular City Council Meeting Tuesday, September 15, 2020 Page 8 Ms. Stacy Williams stated the next award is for Mr. Malcom Charles, a freshman student at Michigan State University and a 2020 graduate of Sterling Heights High School. She spoke of his background and achievements, including being the founder of “Stop Racism”, a student-led group with approximately 100 members in the Warren Consolidated School District. He has been involved in the Sterling Heights Drug-Free Coalition, specifically the SMART Moves program. She added that, unfortunately, Mr. Charles is unable to be here tonight because he is at MSU and their school is currently quarantined for Covid-19. She assured they will be making arrangements to get his award to him. Ms. Williams invited Ms. Kozeta Elzhenni to present the next award. Ms. Kozeta Elzhenni stated the next award is to Mr. Steven Slancik, Principal of Schuchard Elementary in the Utica Community School District, as well as all of the staff at that elementary school. She reviewed some of the awards presented to the school, and noted that Mr. Slancik and his staff have spent several years focusing on cultural proficiency and what it means to truly celebrate and respect other cultures, working hard to raise awareness of equality, diversity and inclusion throughout the school and the City. She presented the award to Mr. Slancik and his staff at Schuchard Elementary. Mr. Steven Slancik thanked everyone, especially the Ethnic Community Committee, for this award. He introduced some members of their staff, including Ms. Alina Senawe, fifth grade teacher; Ms. Soo Mee Lee, Art teacher; Ms. Allison Bigelow, their math consultant; Ms. Amy Elzhenni, third grade Regular City Council Meeting Tuesday, September 15, 2020 Page 9 teacher, as well as Interim Superintendent Bob Monroe from the UCS Board office. He stressed they appreciate the award and thanked everyone once again. Ms. Elzhenni invited Mr. Willie Dechavez to present the next award. Mr. Dechavez presented awards to James (JM) and Michaella (MJ) Oh. He stated James is eleven years old and Michaella is eight years old, and they both are active in community service at a very young age. They enjoy using their spare time, talents, and skills to promote cultural diversity by participating in various events. They have performed at the Detroit Institute of Arts and have made a video to promote Census 2020, and he mentioned numerous other activities and organizations in which they participate and are members. James and Michaella thanked everyone for the awards. Mr. Dechavez stated that concludes the 2020 Diversity Distinction Award presentation. Mayor Taylor thanked Mr. Dechavez for his service to the City of Sterling Heights and highlighting these exceptional efforts by these individuals and school, who are making Sterling Heights a better place for all. Moved by Sierawski, seconded by Radtke, RESOLVED, to individually and collectively recognize and congratulate the 2020 Sterling Heights Diversity Distinction Award winners and thank them for their commitment to and efforts in championing diversity within the city of Sterling Heights. Mayor Pro-Tem Sierawski extended congratulations to all and added that, hopefully, next year they can have their normal celebration for these awards. Regular City Council Meeting Tuesday, September 15, 2020 Page 10 Councilman Radtke congratulated and thanked everyone who participates with the Ethnic Community Committee. He felt this shows the great volunteers they have in Sterling Heights. The motion carried. 7. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda, with the exception of Items 7-C and 7-G. He opened the floor for public comments, but no one from the audience commented. Mayor Taylor noted that Item 7-I is to approve payment of legal fees incurred in preparation of the Regional Managed Assigned Counsel Coordinator Office (RMACCO) Report, which is a 100 percent grant funded item. The City of Sterling Heights is receiving funds from the State of Michigan as Trustee to pay them out to law firms that are performing work on behalf of the State of Michigan. He explained his law firm, Kirk, Huth, Lange, and Badalamenti, is one of the two firms receiving approximately $15,000; however, he clarified this law firm was chosen by the State of Michigan and not by the City of Sterling Heights, and these funds are not coming from the City of Sterling Heights, nor will these funds benefit him in any way. He would like to abstain on Item 7-I, so he will be voting on the Consent Agenda but abstaining from voting on that item. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as amended: A. To approve the minutes of the Regular Meeting of September 1, 2020. Regular City Council Meeting Tuesday, September 15, 2020 Page 11 B. To approve payment of the bills as presented: General Fund - $146,080.56, Water & Sewer Fund - $3,195,103.93, Other Funds - $5,231,211.58, Total Checks - $8,572,396.07. D. RESOLVED, to approve the purchase of 21 Maxair controlled air- purifying respirators, accessories and supplies from Bio-Medical Devices International, 17171 Daimler Street, Irvine, CA 92614 at a cost of $32,983.91 and authorize a budget amendment in this amount from General Fund Reserves. E. RESOLVED, to accept the proposal by Mando Construction, Inc., 75 Lafayette St., Suite 100, Mt. Clemens, MI 48043, for interior renovations to the Sterling Heights Senior Center at a cost of $19,040. F. RESOLVED, to award the bid for printing of the City of Sterling Heights Magazine to Grand Blanc Printing Company, Inc., 9449 Holly Road, Grand Blanc, MI 48439, for one-year at unit pricing bid and authorize the City Manager to extend the bid term one additional year on the same terms and conditions. H. RESOLVED, to purchase digital imaging services from Graphic Services, Inc., 1551 East Lincoln Avenue, Madison Heights, MI 48073, at unit pricing available through the State of Michigan’s MiDeal cooperative purchasing contract, #171 180000000749, through May 30, 2023. I. RESOLVED, to approve payment of professional fees due Kirk, Huth, Lange & Badalamenti, PLC in the amount of $15,013.52 and Grillo Law, PLLC in the amount of $15,184.50 for services rendered in completion of the feasibility study for implementation of the Regional Managed Assigned Counsel Coordinator Office for the 41A Judicial District. J. RESOLVED, to: A. Approve Change Order No. 1 under the 2020 Local Road Concrete Reconstruction Program, City Project #20-362, to reconstruct Colgate Court at a cumulative cost of $131,330; and B. Authorize a budget amendment to use $152,343 of Local Road Fund balance to fund completion of City Project #20-362, as amended. K. RESOLVED, to approve the resolution adopting the Macomb County Hazard Mitigation Plan for the period of 2020 – 2025. L. RESOLVED, to receive the lawsuit, James Grant v City of Sterling Heights, 41A District Court Case No. S-20-335-GZ. The motion carried. [Mayor Taylor abstained from Item 7-I]. 8. CONSIDERATION A. Mayor Taylor stated this Item 7-C from the Consent Agenda to purchase WatchGuard in-car and body video camera systems and a Dell server expansion for the Sterling Heights Police Department at a total cost of $237,703, less Regular City Council Meeting Tuesday, September 15, 2020 Page 12 $58,500 of anticipated grant funding. He invited Police Chief Dale Dwojakowski to give a presentation. Police Chief Dale Dwojakowski stated they have been talking about body cameras for quite a while. In 2016, they took a survey about the feasibility of body cameras and they opted to take a “wait and see” approach, noting that no agency in 2016 had body cameras. He explained they are relatively new but the technology is now here, prices are correct for what they are getting, and he felt it is time to move forward with that purchase. He outlined the pros, cons, and how the project will move forward. He noted the pros include the ability for transparency, increased civility that occurs when law enforcement officers and the general public are aware that they are on camera, quicker resolution to complaints, enhanced evidence collection for prosecution, and more training opportunities, where they can use the video of something not done correctly to train officers. Chief Dwojakowski explained the reasons why they did not move forward in 2016: there were no legislative mandates, hence no federal funding to help pay for the equipment; technology is much better now than it was in 2016; only a minority of departments had the cameras in 2016; the unions were not in favor of body cameras but that has now changed; and there was no great pressure from the public in 2016 to have body cameras. Studies have shown that officers are more productive in agencies with body cameras in terms of more arrests and fewer complaints lodged against them. When people look at the Regular City Council Meeting Tuesday, September 15, 2020 Page 13 video, approximately ninety percent of the complaints end up being resolved in the officer’s favor. In the study, officers with cameras were more cautious about their actions and their sense of possibly scrutiny of video footage, and the officers who wore cameras had higher numbers of self-initiated contacts with community residents than officers who did not wear cameras. Chief Dwojakowski explained the details of the many parts of the cameras and how they work. A system with a microphone monitor but no camera costs approximately $5,100, whereas the camera and microphone together cost approximately $5,900. He explained that all sixty of their cars are currently out of warranty and all need to be replaced, so this is the right time for this purchase. He noted that it is only an additional $800 per unit to get the body camera attached. He explained the cost of video storage is very expensive and will take a considerable upgrade, for which they have budgeted $120,000 to add 424 terabytes of storage for the additional video. He explained the process for FOIA (Freedom of Information) requests are very time-consuming, considering that information has to be redacted. The Police Department recently switched to Kronos electronic timekeeping, making that process much easier, so that will free up a clerical person as a second staff member to handle FOIA requests for body camera footage. Chief Dwojakowski showed a photo of the body camera they have selected through WatchGuard in Texas. He stated the City has been doing business with WatchGuard, a very technologically-advanced company, since 2014, so they Regular City Council Meeting Tuesday, September 15, 2020 Page 14 anticipate adding their body camera systems to their in-car setups will be seamless. He explained the equipment they will be receiving, and the timeline for this purchase, noting they need sixty to seventy units. He would like to equip nineteen cars now. They are going to get ten new cars for the July 1 budget, and they will all be installed with the new WatchGuard video system with body cameras. They will also be buying those ten cars plus nine additional cars will be upgraded. They are buying five additional body cameras so in two- man cars, the driver and passenger will both have body cameras on, and there will be a spare. They will be applying for their federal Body Worn Camera Grant which comes out each year in March, and that would allow another approximately $2,000 per unit, so an additional fifty units will cost $100,000. He estimated that it will take three to four months minimum to get the nineteen cars outfitted with the body camera equipment. He is hoping to wait until next year to take care of the remaining fifty cameras. He offered to answer questions. Mayor Taylor opened the floor for public comments, but no one spoke. He thanked Chief Dwojakowski for his presentation this evening. Moved by Radtke, seconded by Sierawski, RESOLVED, to: A. Purchase ten (10) Watchguard 4RE in-car video systems, fourteen (14) Watchguard Vista HD wearable body cameras, software licenses, and software and hardware maintenance and warranty services, from WatchGuard Inc., 415 E. Exchange Parkway, Allen, TX 75002, at pricing available through the State of Michigan MiDeal cooperative purchasing contract, #171-180000001059, at a cumulative cost of $117,166.37; B. Purchase Dell servers, storage drives, Microsoft software and licenses, and professional installation services from Access Interactive, LLC., 46665 Magellan Drive, Novi, MI 48377, at pricing available through the Regular City Council Meeting Tuesday, September 15, 2020 Page 15 Midwestern Higher Education Commission cooperative purchasing contract, #MHEC-07012015, at a cumulative cost of $120,536.50; and C. Authorize a budget amendment in the amount of $120,536.50 from General Fund reserves. Councilman Radtke thanked the Chief for his presentation, and added that he, along with many officers and many members of the community, are fully in support of the body cameras. He questioned the policy as to when the cameras are turned on. Chief Dwojakowski replied their current system includes cameras on inside the windshield, and the current policy is that any contact with the citizen requires them to activate their belt, microfilm and now the body-worn camera. When there is a personal conversation from officer to officer, that is not to be recorded because it has noting to do with the police work. When the light bar is activated, the body camera automatically turns on, and that will be dictated in their policy and procedure for the cameras. Councilman Radtke inquired as to whether the cameras will be mounted to the officer’s chest or shoulder. Chief Dwojakowski replied they have great magnetic mounts that go under their shirts, so they can be clipped to the chest or shoulders. He added that if they are mounted high, they tilt back and the camera lens rotates down so they get their view at eye level instead of pointing up to the ceiling. Councilman Radtke questioned how long the data from the camera is saved. Chief Dwojakowski replied they have a feature called “record after the fact” so if they recall seeing something a couple of days before, they can go back for to Regular City Council Meeting Tuesday, September 15, 2020 Page 16 the hard drive for about a week and record an incident that occurred in that timeframe. The actual camera is fairly small so it will retain the video for one or two shifts. He cautioned that the camera overrides the former data after about ten hours. Councilman Radtke questioned the policy on saving the video. Chief Dwojakowski replied ninety days is what the Michigan Records Keeping Act mandates. If it is something involving an arrest or is a high-profile incident, the video is locked and remains forever on their server. Councilman Radtke questioned whether these cameras can be used to randomly observe how officers are doing. Chief Dwojakowski replied affirmatively but clarified it would be random audits with random officers, and they are not trying to “catch anyone”. Mayor Pro-Tem Sierawski agreed with Councilman Radtke that it is time to incorporate the camera system, and she added the placement is what is most important. She felt this will be the fairest, transparent, and equitable form of video taping they can provide with the technology available. She felt it is fair to both the officers and whatever situation is occurring. She emphasized she is in favor of this and can provide indisputable evidence, which is a great tool. Mayor Taylor thanked Chief Dwojakowski for his presentation. He stressed they have a great police department and he appreciated the Chief’s leadership. He is aware these are challenging times for their community and for police officers, and he expressed full confidence in the Chief and his department. He hoped Regular City Council Meeting Tuesday, September 15, 2020 Page 17 the cameras will add a layer of transparency that is helpful, not only to the community but also to the police officers. The motion carried. B. Mayor Taylor stated this is Item 7-G from the Consent Agenda to award a bid for snow removal services at municipal sites through May 1, 2021 (Expenditure of $376,953, based on estimated number of snow events). He opened the floor for comments from the audience, but no one spoke. Moved by Sierawski, seconded by Ziarko, RESOLVED, to award the bid for snow removal services at municipal sites to Casar Management, LLC, PO Box 661, St. Clair Shores, MI 48080, through May 1, 2021 based on unit prices bid and authorize the City Manager to extend the bid term two (2) additional one-year periods under the same terms and conditions. Mayor Pro-Tem Sierawski understood they have had this single bid for this service, but she stated she has a bit of a concern that they are extending the bid term to two (2) additional one-year periods under the same terms and conditions. She felt it might be better if they could look at having someone else bid on it next year. Councilman Radtke requested this be pulled off of the Consent Agenda because he has concerns about the contract, and he noted he had concerns about it last year as well. He pointed out this is the second time where Casar Management was the only bidder on this contract, although he recalled there was a second bidder last year who only bid on a portion of the bids. He noted they took this responsibility from the city employees and bid it out, and he thought the intent of obtaining competitive bids is to drive the price down and Regular City Council Meeting Tuesday, September 15, 2020 Page 18 save the city money. Over the last two years, these have not been competitive bids, so he questioned how this is saving the city money. Purchasing Manager Mark Carufel explained the Department of Public Works has a $30 million building, multiple trucks that cost between $150,000 and $300,000, as well as personnel costs. He pointed out that they are essentially hiring a “mini DPW” to come in and do the work for them. He understands that Public Works does not have the personnel because they focus on other areas, so their option is to contract out, which is done in many different areas. Mr. Carufel pointed out this contractor most likely has about $2 million of equipment available on an as-needed basis. Snow removal is different because they have no idea how much they will have, whereas with grass-mowing in the summer months, they know exactly how much they have to mow. The contractor for snow removal has to be able to handle the large snowfalls and get it done quickly. He replied to inquiry that it is difficult to tell if they are saving money, but he reiterated they are hiring a “mini DPW” on an as-needed basis. Councilman Radtke questioned whether this quote has been compared to those in other cities that also contract out for similar snow removal services. Mr. Carufel replied they have not compared because Sterling Heights is different because parking lots are different. He stated last year there were two vendors, with one only bidding on part of the bid and was 2.5 times higher than this particular contract. He agreed they would like to have more bidders Regular City Council Meeting Tuesday, September 15, 2020 Page 19 but the size of the contract and the work the have is very difficult. There are not many bidders that can do this work and do it successfully. The current contractor has done it successfully for three years and they are offering to do it for a potentially three more years, so they feel the best option is to award the bid to this contractor. He explained more than 200 vendors were aware of this bid, 28 of them downloaded it, and of those, about 20 were valid bidders in this business. He indicated part of the problem is that it is only a one-year contract, because if they have to invest this kind of money in an operation, they need some security. He pointed out they may need to look at longer-term contracts in the future to attract bidders. Mr. Carufel replied the amount is based on snow events, so if it is a light winter, the amount could be less than $100,000, but if it is a heavy winter, it could be in the range of $370,000. Councilman Radtke questioned whether the City’s DPW has sold all of their plow trucks they used for this purpose. Mr. Vanderpool explained the City decided to contract this out but not only for the purpose of saving money, although they are saving money when looking at the cost of an individual to drive a truck in this contract compared to the cost of the City’s employees and equipment. The City’s hourly rate is much higher, including benefits, and the City’s equipment is in much better condition, so it is more expensive for the City’s DPW to perform this. He reminded this is for parking lots only, and the City realized that their priority should be the roads, stressing they need every available resource they have to be devoted to roads. Regular City Council Meeting Tuesday, September 15, 2020 Page 20 He emphasized roads are the highest priority for this community, and their residents and businesses expect they will get the best service for their roads. Since they have contracted out their parking lots, they have been able to devote more highly-trained employees and very good equipment to the roads, and get through their snow events much quicker because they do not have those employees working in parking lots. He understood the concern of the two renewable one-year option years, but he assured that does not mean that they are going to extend. He indicated they will rebid this next year, but it provides flexibility if the bidding climate has not improved. They either need a contractor to do the work, or they will have to reallocate personnel from DPW to parking lots, which are a lower priority than roads, and the roads will not be done in the expeditious manner in which they are currently done. He noted the increase in this contract is five percent over last year, and considering the climate, they do not feel that is unreasonable. The final cost is totally based on the number of snow incidents. Moved by Radtke, to amend the contract to extend the bid term one (1) additional year under the same terms and conditions. There was no second to the motion, and the motion failed. Mayor Taylor questioned the impact of canceling this bid and going out to bid for a multi-year term, and whether Mr. Carufel felt they would be able to get a number of bidders now. Regular City Council Meeting Tuesday, September 15, 2020 Page 21 Mr. Carufel replied it is difficult to predict, but it is a large contract which requires a lot of equipment, and anyone looking at this would have to prepare two to three months in advance. This contractor has seven or eight double- axle tandem trucks, about twenty 4-by-4’s with plows, and six loaders for parking lots to move snow around. He stressed that is a substantial amount of equipment, and he does not know that there are a lot of bidders who have this capacity. It generally takes a number of months to prepare and get equipment lined up. Mr. Carufel commented that they can rebid this and it may take six weeks, but it may not be the same number, it could be lower or higher, and they may have only one bidder. Councilwoman Koski recalled Mr. Carufel’s comment that prices are based on the term of the contract, and she questioned whether they should bid out next year for a three-year contract. She further questioned whether he felt they would get a better price. Mr. Carufel replied they have the ability to lock in one, two or three years tonight, with a minimum of one year. He added the City has the option of renewing years two and three, but they can decide next year to look at the market and decide whether they want to bid it out again and use those numbers to hopefully entice more bidders. He felt they can look at the vendors and see what would make them interested in bidding, possibly by making it a three-year contract. Regular City Council Meeting Tuesday, September 15, 2020 Page 22 Councilwoman Koski questioned whether they can go with this bid for this year, and then bid it out next year for a three-year contract. Mr. Carufel replied affirmatively. Mayor Taylor admitted he does not like the cost, but he understands the rationale behind it. He felt they are getting close to the time when they will need this service, and he is comfortable with this, noting it is in line with what they saw last year. He would like to see them getting creative in the future with their request for proposals to see if that entices companies to bid, but for this year, he is in support of the motion on the floor. Councilwoman Ziarko agreed with Mayor Taylor and pointed out right now it is a need. She would not want to go out for bid now, but felt the suggestions brought up to bid this out next year for multiple years to see if it attracts new companies. She stated in listening to the numbers of companies who actually looked at this compared to how many companies submitted bids, she questioned why other companies were interested. Yes: Taylor Yanez, Ziarko, Koski, Schmidt, Sierawski. No: Radtke. The motion carried. 12. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for comments from citizens. • Mr. Charles Jefferson – commented on alleged comments made by a City Council member. • Ms. Jazmine Early – commended the Police Department for the outstanding job they did on the anniversary of September 11; congratulated recipients who received the 2020 Diversity Distinction Awards; referred to comments on social media. Regular City Council Meeting Tuesday, September 15, 2020 Page 23 • Ms. Tamra Watt – lifelong resident of Sterling Heights; voiced support for body cameras; need more police training, particularly on de- escalation techniques and handling mental illness; less lethal weapons and deferred funding for trained mental health professionals. 13. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated he had nothing further to add. Councilman Radtke began to address the comments made by citizens regarding social media. Mayor Taylor stated this is not the place to discuss personal opinions taking place on social media. Councilwoman Ziarko questioned whether the City Clerk has any updates on the upcoming election, absentee ballots, and drop boxes. Clerk Ryska stated they are working on some campaigning to recruit election inspectors and to encourage voters to use their seven ballot drop boxes they have throughout the City. There will be videos coming out with that information. They have a record number of registered voters in Sterling Heights, at about 92,600. They have already issued 30,000 absentee ballots in the system, although they have not yet received them. They will be doing their first mailing of absentee ballots on September 24. Councilwoman Ziarko is aware Michigan is one of the states trying to obtain the ability to count absentee ballots before Election Day, and she inquired as to whether that has been successful, or whether there is anything Council can do to help them move that along in legislature. Regular City Council Meeting Tuesday, September 15, 2020 Page 24 Clerk Ryska stated Senate Bill 757 was just approved by the Senate and now it needs to go to the House. Clerks would still not be able to tabulate ballots, but it would allow them to do some preliminary work, including opening envelopes and securing the ballots in a separate container so that on Election Day, they would not have the task of opening envelopes and doing the verification. She stated she sits on the Michigan Association of Municipal Clerks and they are working with legislators to push that forward, and they feel confident it will move forward. Councilwoman Ziarko questioned whether Clerk Ryska could provide Council on information about whether the “early voting” that has been done in other states is beneficial. She stated that her brother-in-law lives in Florida and they have a month in which they can cast their ballot, and he is able to do this at the machine set up at their local fire station. She questioned whether this is something they can consider, and if she would prepare a report on the pros and cons. Clerk Ryska stated she will report back to Council. 14. UNFINISHED BUSINESS There was no unfinished business. 15. NEW BUSINESS There was no new business. 16. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated he has nothing tonight. 17. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. The motion carried. Regular City Council Meeting Tuesday, September 15, 2020 Page 25 The meeting adjourned at 8:53 p.m. MELANIE D. RYSKA, City Clerk