City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, OCTOBER 19, 2021 IN CITY HALL 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 Mayor Taylor stated he would like to move Consent Agenda Item 7-I and make it Consideration Item 8-B. Moved by Yanez, seconded by Taylor, to move Consent Agenda Item 7-I to Consideration Item 8-B. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the agenda as amended. Yes: All. The motion carried. 5. REPORT FROM CITY MANAGER Mr. Vanderpool reminded that Sterling Frights Halloween will be celebrated this Saturday, October 23, from 10 a.m. to 1 p.m. at Dodge Park. He added that kids will especially like this celebration which includes live music, a straw maze, hayride, cider and donuts, goodie bags, candy, inflatable activities and more, and the first four hundred participants receive a free pumpkin. Regular City Council Meeting Tuesday, October 19, 2021 Page 2 Mr. Vanderpool provided an update on road projects, beginning with the local roads. A Power Point presentation was shown, depicting some before and after pictures of the local roads, and Mr. Vanderpool indicated these improvements took place in approximately thirty locations throughout the community. He stressed how these projects vastly improve the neighborhoods, because residents often take advantage of replacing their drive approaches, or by making other improvements to their properties once the road projects take place, thereby increasing property values. He provided updates on the 19 Mile Road project, from Dequindre to Ryan, which is a couple of weeks ahead of schedule. All of the City’s road projects are on schedule or ahead of schedule. Innovate Mound project just started and that construction will go on for at least two years, anticipated to be finished in Spring/Summer 2024; however, when this project is done, it will be one of the most state-of-the art roadways not only Macomb County and Michigan, but in the entire Midwest. Mr. Vanderpool provided updates on the County road projects, including the Schoenherr Road project, which he agreed has been frustrating because of the inconvenience, but he noted it is nearing the end. The final paving will start on Thursday, and should be completed approximately one week later, depending on the weather. The final approaches then have to be poured on the southbound bridge, south of Plumbrook. Once those concrete approaches are poured after the asphalt is completed, it takes a week for those approaches to cure, so that is anticipated to take place the first week of November. During that time, all of the Regular City Council Meeting Tuesday, October 19, 2021 Page 3 lane striping will be done and the guardrails will be put back up. He assured it will be completed this year, and he added that, in the County’s defense, the contractor, Pro-Line, does very good work, but the major challenge with the County’s Schoenherr project has been the four major bridge reconstructions along that section of roadway, along with a wet construction season and labor shortages, pushing the project about a month-and-a-half behind. He informed that the total amount spent on roads, not including Mound Road this season, is about $16 million, with another big year anticipated next year. He highlighted a section of sidewalk that has begun on Van Dyke, from 18 Mile Road to 18-1/2 Mile Road, in front of the Ford Motor Company property, which is the last major sidewalk gap being filled in, other than a small gap along North Van Dyke that will be completed next spring. He pointed out with the completion of these two sidewalk gaps, pedestrians will be able to traverse Van Dyke all the way from M-59 to 14 Mile Road without any sidewalk gaps. He added they are pleased that Ford Motor Company was cooperative and voluntarily agreed to install the sidewalk since they were doing some parking lot improvements. Mr. Vanderpool requested that City Council convene a Closed Session pursuant to Section 8(H) of the Open Meetings Act for Council to consult with the City Attorney regarding a confidential written legal opinion. Mr. Vanderpool invited Clerk Melanie Ryska to provide an election update regarding their hours at the Election Center and also some changes the County will be making that will likely delay the results of the election on Tuesday night. Regular City Council Meeting Tuesday, October 19, 2021 Page 4 Clerk Melanie Ryska stated the election is two weeks away on November 2, 2021. She indicated there is still time to register to vote, and there is time to get an absentee ballot by visiting the City’s Election Center, located within the Community Center at 40250 Dodge Park Road, from 9 a.m. to 5 p.m. on Monday through Friday, and on Saturday, October 30, from 9 a.m. to 5 p.m. She added that anyone wishing to register to vote in this election must do so in person at this time at the Election Center. She informed that residents can apply for an absentee ballot online at www.mi.gov/vote through Friday, October 29, to have the ballot mailed; otherwise, residents have the option of visiting the Election Center, applying for a ballot in person and picking it up the same day. Approximately 14,500 absentee ballots have already been issued, with about fifty percent of them received back, and absentee ballots can be dropped off in any one of the City’s seven ballot dropboxes. She explained there is one in the circle drive by the Police Station, as well as at Fire Stations 2, 3, 4, and 5, inside City Hall and inside the Election Center, and the ballot dropboxes are emptied daily and received into the system daily by sworn election assistants. Voters can return their ballots by mail, but if they choose to do so, they are encouraged to put them in the mail a minimum of seven days prior to the election to ensure they are received in time to be counted. Ms. Ryska explained the Macomb County Clerk has made the decision not to modem results directly from the precincts as they have in the past. She stressed the decision was not made lightly but is in accordance with the recommendations Regular City Council Meeting Tuesday, October 19, 2021 Page 5 of the Michigan Election Security Advisory Commission, in a report published in October 2020, as well as the Federal Election Assistance Commission and Voluntary Voting System Guidelines Report, published in February 2021. Both reports do not recommend the use of cellular modems, so instead of modeming the results directly from the precinct, the results will be hand-delivered to the Macomb County Elections Division to be read into a stand-alone system that does not have any wireless or internet capabilities or connectivity. She is aware that will delay election results, so they have worked in her department to use their local election software to read the results into their local system, which is also a stand- alone system not connected via cellular or internet. They will have a preliminary unofficial results page they will be able to provide to all candidates and interested residents, to be shared on the City’s website and cable stations. She added she has worked with Community Relations to make sure that is available, although she clarified she does not have an exact time because it is a new process. She anticipated the results will not be available until around 11:30 p.m., but they will all come in at the same time. They will send the result drives to the County, who will then upload them onto their website as “unofficial results” after they have received them in their system, adding they will become “official results” after the County Board of Canvassers goes through their process. She offered to answer questions, providing their email at vote@sterling-heights.net or their office phone number at (586) 446-2420. Mr. Vanderpool stated that concludes his report. Regular City Council Meeting Tuesday, October 19, 2021 Page 6 The council members had no questions. Mayor Taylor suggested that if audience members have questions they can raise those during the Communications from Citizens portion of the meeting. 6. PRESENTATION A. Mayor Taylor stated this item is to recognize and congratulate the graduates of the Sterling Heights Fire Department’s 2021 Civilian Fire Academy. He invited Fire Chief Kevin Edmond to give a presentation. Fire Chief Kevin Edmond introduced Training Chief Steve Kohut to speak about the Academy. He also invited Assistant Fire Chief Miller to congratulate the participants. Training Chief Steve Kohut thanked the Mayor and Council for the opportunity to publicly recognize the graduates of the 2021 Citizens Fire Academy, and he stressed this is one of the programs the Fire Department looks forward to putting on every year. It provides the residents an opportunity to experience a “behind the scenes” look at how the Fire Department operates, but it also gives the Fire Department an opportunity to develop a relationship with members of the community. He acknowledged the support of the Council and City Administration for this program, and certificates were presented to Laurie Ackerman, Richard Bell, Mark Brewer, Laura Mannino-Gabriel, Shobi Mathew, DeAnn Miller, James Miller, Dale Techel, and Oliver Williams. He also acknowledged those not present, including Mary Furlow, Joe Kozlowski, and Theodore Vulinovic. Moved by Yanez, seconded by Radtke, RESOLVED, to recognize and congratulate the graduates of the Sterling Heights Fire Department’s 2021 Civilian Fire Academy. Regular City Council Meeting Tuesday, October 19, 2021 Page 7 Councilman Yanez hoped the students got a lot out of this great program, and that it can continue in the future. Mayor Pro-Tem Sierawski stated she completed this course three years ago and it was one of her favorite things in which she participated. She congratulated all of the graduates and was confident they will not forget this experience. Mayor Taylor thanked everyone who participated and encouraged anyone interested in next year’s program to contact the Fire Department or City Hall. Yes: All. The motion carried. 7. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. He opened the floor for public comments, but no one spoke. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as amended: A. To approve the minutes of the Regular Meeting of October 5, 2021. B. To approve payment of the bills as presented: General Fund - $772,289.95 Water & Sewer Fund - $3,549,333.34, Other Funds - $4,988.052.39, Total Checks - $9,309,675.68. C. RESOLVED, to accept the proposal by Mando Construction, Inc., 75 Lafayette St., Suite 100, Mt. Clemens, MI 48043, for interior renovations to meeting rooms at the Sterling Heights Senior Center at a cost of $19,700. D. RESOLVED, to: 1) Waive the competitive bidding process in accordance with City Code Section 2-217(A)(9)(a) and accept the proposal by Warren Contractors & Development, Inc., 14979 Technology Drive, Shelby Township, MI 48315, for labor and materials needed to effectuate repairs to the Plumbrook Nature Trail at a cost of $17,398.50; and 2) Approve an amendment to the fiscal year 2021/2022 budget in the amount of $17,398.50 using Capital Project Fund reserves. E. RESOLVED, to: 1) Purchase five (5) 2022 Ford Escapes, two (2) 2021 Ford Transit Vans, and one (1) 2022 Ford Explorer from Signature Ford – Lincoln, 1960 E. Main St., Owosso, MI 48867, at pricing available through Macomb County Regular City Council Meeting Tuesday, October 19, 2021 Page 8 cooperative purchasing contracts, #71-15 and #21-18, at a cumulative cost of $209,737; and 2) Authorize a budget amendment in the amount of $23,485 using State Forfeiture Fund Reserves. F. RESOLVED, to approve the Services Agreement between the City of Sterling Heights and CLS Enterprise of Lockport, Inc. for professional pre- employment background services and authorize the City Manager to sign all documents required in conjunction with this approval on behalf of the City.. G. RESOLVED, to approve the Independent Contractor Services Agreement between the City of Sterling Heights and Alpha Psychological Services P.C. for police officer and firefighter/paramedic pre-employment psychological evaluations and authorize the City Manager to sign the Agreement on behalf of the City. H. RESOLVED, to award the bid for holiday lighting installation services to Techseven Company, P.O.Box 182247, Shelby Township, MI 48318, at unit pricing bid for a two-year period and authorize the City Manager to extend the bid award two additional one-year terms upon mutual consent, at unit pricing bid. I. This item was moved to Consideration Item 8-B. J. RESOLVED, to approve the Business Customer Agreement between the City of Sterling Heights and WOW! Inc. for internet services at Fire Station #4, 12850 Fifteen Mile Road, for a one-year period, and authorize the City Manager to sign documents required in conjunction with this approval on behalf of the City.. K. RESOLVED, to rescind Resolution 2021-023, as adopted August 4th, 2021, transferring the birth certificate portion of vital records administration and control to the Macomb County Clerk. L. RESOLVED, to receive the lawsuit, Jason Douglas Martell v Sterling Heights Police Department, 41A District Court Case No. S-21-2778-GZ. Yes: All. The motion carried. 8. CONSIDERATION A. Mayor Taylor stated this is to consider an appointment to the City of Sterling Heights Sustainability Commission. He opened the floor for public comment, but no one spoke. Sustainability Commission Regular City Council Meeting Tuesday, October 19, 2021 Page 9 Moved by Schmidt, seconded by Radtke, RESOLVED, to postpone the appointment to the Sustainability Commission to the November 3, 2021 regular City Council meeting. Yes: All. The motion carried. B. Mayor Taylor this was formerly Consent Agenda Item 7-I, which is to adopt a Resolution designating October 2021 as Filipino American History month in the City of Sterling Heights. He opened the floor for comments from the audience, but no one spoke. Moved by Sierawski, seconded by Taylor, RESOLVED, to designate October 2021 as Filipino American History Month in the City of Sterling Heights in recognition of and appreciation for the rich history and significant contributions made by the Filipino American community. Mayor Taylor presented the Resolution to Willie DeChavez, a major proponent of the Filipino-American community, not only in this city but in the entire United States. He commended Mr. DeChavez for being a promoter of their City’s rich culture, ethnicity, and diversity. He thanked the Filipino-American community in Sterling Heights that adds to their rich diversity. Yes: All. The motion carried. 9. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for comments from the audience. • Nathan Inks – enjoyed the City’s Oktoberfest and hoped they will consider making it an annual event in addition to Sterlingfest, although he understands it involves money and time. • Mike Moreau – addressed use of American Rescue Plan Act (ARPA) Funds; felt it should benefit all residents of Sterling Heights; suggested using the funds on a water reservoir similar to that in Shelby Township, so the City can store the water at night when rates are cheaper, and benefit the taxpayers during the day who can save money by using that water when Regular City Council Meeting Tuesday, October 19, 2021 Page 10 rates are higher; felt it would be an excellent selling point for residents and businesses. • James Misko – voiced concern about his water bill and stated he has five issues that need to be addressed; questioned information provided; requested a short meeting with Mr. Vanderpool to discuss the matter. Mayor Taylor stated he holds office hours on Thursday mornings from 8:30 a.m. to noon, so he suggested Mr. Misko come in on Thursday morning and they, along with Mr. Vanderpool, can get Mr. Misko’s questions answered. He requested Mr. Misko provide Ms. Ryska with his telephone number so they can arrange a time. Mr. Misko stated that would be fine, and he thanked Mayor Taylor. • Brandy Wright – provided details about a residential composting program offered by a private company, Mid-Town Composting; thanked Community Relations Director Melanie Davis for including their information on the City’s website; they are currently serving zip codes 48313 and 48312 but will serve the entire city if there is enough interest. 10. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated he has nothing further to report this evening. Mayor Pro-Tem Sierawski encouraged all residents to exercise their right and privilege to vote in the upcoming election. Councilman Yanez stated prior to tonight’s meeting, there was a ribbon-cutting at the new DPW building, and they were able to tour the new facility and looked at what they are doing at the old building. He was impressed that so much of the employees’ input went into the design of the building, which demonstrates to him the City cares about the health, safety, and welfare of its employees, and what they have to say. He compared it to being a family, and stressed the citizens are part of Regular City Council Meeting Tuesday, October 19, 2021 Page 11 that family. They can build a better city with input from the citizens, and they are all in it together. Councilman Radtke echoed Councilman Yanez’ sentiments, and he cited a comment from DPW Director Michael Moore, who said “we’re what makes the City run normal.” Councilman Radtke pointed out DPW does the important job of keeping the City’s streets clean, keeping their sewers running, and keeping their streets plowed in the winter months, and he felt they deserve a top-notch building. He was glad Mr. Moreau came forward tonight with how he would like to see the ARPA funds spent. He recalled there were two sessions held over the last week to hear from residents, and he recalled fourteen people attended. He stressed they want residents to bring their ideas forward because it is for the future of Sterling Heights. Councilwoman Koski agreed with Councilman Radtke’s comments. She mentioned the suggested brought forward this evening by a resident for a water reservoir, and asked Mr. Vanderpool to do some research and provide City Council with a cost analysis for such a project. She also inquired as to how people can submit their suggestions to the City, and whether that is an option available on the website. Community Relations Director Melanie Davis explained that if the link on the website is not up yet, it will be up within the next 24 hours. She added they plan to promote that link on social media as well as in their City news that goes out to Regular City Council Meeting Tuesday, October 19, 2021 Page 12 residents this week. It will be an online digital option for people to submit their suggestions on how the City can spend their ARPA funds. Councilwoman Schmidt thanked all of the City employees, volunteers, and residents throughout the City who made Oktoberfest a successful event. She spoke with many people over those couple of days, and many have requested that it be made a permanent event. She stated that, while she is not sure that will happen, she was proud to be part of the event and appreciated everyone who participated to make it happen. She addressed the potential projects brought up at the recent town hall meetings regarding how to spend their ARPA funds, and she clarified that the projects being presented are not set in stone but are up for discussion at this time. She thanked Mr. Moreau for coming to the meeting tonight and making his suggestion. She agreed with his comment that the expenditure of the funds should affect as many residents as possible, and she emphasized they want to hear from residents about their ideas, but reminded they are all up for discussion at this point. Councilwoman Ziarko stated even if residents are not at the council meetings, the Mayor and Council members are always hearing from people and are at their service 24/7. She urged residents to leave a message if they know they have reached the right phone number, and she assured they will call the resident back, but without a message being left, they will not know if it was a robocall or a legitimate call. She agreed with Councilwoman Schmidt that the suggestions brought forward for ARPA funds are only ideas at this point. She compared these Regular City Council Meeting Tuesday, October 19, 2021 Page 13 funds to “winning the lottery” and felt that whatever they are spent on must be something that is a one-time expenditure, adding that the money will not be continuing to come in to refurbish or pay for ongoing costs associated with it. She urged everyone to vote in the upcoming election. Mayor Taylor commented that the residents had an enjoyable time at Oktoberfest, and he commended the bands, who were very kind and generous with their time as well as very complimentary about the City and its staff. He agreed they are blessed to have such a great staff, and he gave a shout-out to all of the staff and residents, particularly Broadcast Programming Specialist Bob Sergott, who work hard to make the city events great. He stated he would like to see Oktoberfest come back in some form next year, and he reminded that Sterling Frights, a great event for the entire family, will be held this Saturday at Dodge Park from 10 a.m. to 1 p.m. He thanked Mr. Moreau for his suggestions on spending the ARPA funds, and he encouraged residents to sign up on the City’s website for eNews to keep updated. He addressed the concern expressed by Mr. Misko, and he stressed he and his colleagues, like City staff, are public servants who are very accessible and spend a lot of time responding to constituent concerns, listening to every issue, and working hard to make sure they are addressed and questions are answered. He wished good luck to all running for office in the upcoming election, and he encouraged everyone to get out and vote, adding that it is a humbling experience. 10. UNFINISHED BUSINESS There was no unfinished business. 11. NEW BUSINESS Regular City Council Meeting Tuesday, October 19, 2021 Page 14 There was no new business. 12. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated there is one item for closed session this evening. 13. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting and go into Closed Session. Roll Call: Yes: Koski, Radtke, Schmidt, Sierawski, Taylor, Yanez, Ziarko. No: None. The motion carried and the meeting was adjourned at 7:54 p.m. MELANIE D. RYSKA, City Clerk