City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, DECEMBER 21, 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 Andrea Bara, Management Assistant, 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; Andrea Bara, Management Assistant; Carol Sobosky, Recording Secretary. 4. APPROVAL OF AGENDA Moved by Koski, seconded by Ziarko, RESOLVED, to approve the agenda as presented. Yes: All. The motion carried. 5. REPORT FROM CITY MANAGER Mr. Vanderpool reminded that, in observance of the Christmas holiday, City offices will be closed for business on Thursday, December 23 and Friday, December 24, and they will also be closed in observance of the New Year’s holiday on Thursday, December 30 and Friday, December 31. He advised there will be no disruption in the refuse collection services. He reminded that the City will be continuing its Christmas tree recycling, so trees can be set out Regular City Council Meeting Tuesday, December 21, 2021 Page 2 at the curb on normal refuse pick-up days to have them recycled. He suggested anyone with questions on the schedule can visit the City’s website. Mr. Vanderpool highlighted some of the charitable work undertaken by their employees and departments throughout the season. He noted that approximately fifty families in Sterling Heights and surrounding communities received assistance through the City’s Holiday Assistance Program, where ten local organizations, including five churches and numerous individuals, participate through sponsorship of local families. He commended the Community Relations department and their staff for their hard work coordinating the program. He mentioned the annual “Cops and Kids” event held December 12 at the Target Store at 16 Mile and Dequindre, supported by the Sterling Heights Fraternal Order of Police Lodge 118, the Sterling Heights Police Department, and Target. Officers volunteered their time to help thirty-seven children, each of whom spent $120 on toys, clothing, and gifts for their families. He highlighted the Department of Public Works, who held their annual Ken Stempowski Memorial Food Drive. Donations included non-perishable food items, $1,200 of monetary donations, twenty frozen turkeys and other items. He added the food will be delivered to the Macomb Food Program, where it is distributed to various food pantries throughout the county. He congratulated the City’s employees and their departments with these specific programs and for their charitable efforts. Regular City Council Meeting Tuesday, December 21, 2021 Page 3 Mr. Vanderpool stated that snow will be coming and they have to start thinking about snow emergencies. He introduced Community Relations Director, Melanie Davis and City Development Director, Jason Castor, who will talk about the outreach efforts that are being enhanced this year to make sure everyone knows where to get information on snow emergencies, as well as increased enforcement on street parking violation during the snow emergency. Community Relations Director Melanie Davis reviewed some of the measures they take every year with regard to notification of snow emergencies, and also the new steps they will be taking this year. She stressed they want to make sure they notify residents when there is a snow emergency so that the streets can be cleared, DPW plows can navigate unobstructed subdivision streets, and residents do not have to “dig out” their cars. This notification is done through press releases to local media, both print and broadcast radio and television stations, and also includes media linked to some of the local ethnic communities. They have a “crawl” on their Sterling Heights cable channels 5, 10, and 99, as well as a “ticker” on the City’s webpage, and email and text alerts are sent to those who subscribe through www.sterling- heights.net/notifyme. Notification is posted on social media, including Facebook and Twitter, and the SeeClickFix app. She added that information on snow-plowing procedures and maps reflecting the order of plowing can be found at www.sterling-heights.net/snow. She explained the new measures Regular City Council Meeting Tuesday, December 21, 2021 Page 4 being taken this year, noting that anyone who received a parking violation last year who was not able to remove their car from the road during a snow emergency and paid their fee online will now automatically be subscribed to the emergency alert system, and they will get an email for all snow emergencies. They have worked hard on public outreach to increase the number of residents who subscribe to those text or email alerts. They have added a new page on their website at www.sterling-heights.net/getconnected and residents can sign up for emergency notification and city news emails. Ms. Davis added that they have included this link information in the latest winter magazine on Page 4 and in their City News email that was sent out on November 18 and December 9. There is a homepage banner urging people to sign up for the emergency text alerts. They have worked with partner organizations in diverse communities, including the Chaldean Community Foundation and the Asian Pacific Islander Association, to get them information on how to sign up for these translated emergency alerts, as well as translated pre-information prior to snow emergencies so they know what to do. Ms. Davis addressed the questions they are often asked about what senior residents can do to comply with the snow emergency regulations when they have difficulty clearing their walks and driveways or getting their cars out of the roadway. She encouraged them to sign up for the Macomb Chore Program by calling (586) 469-6329 for an application, although she explained Regular City Council Meeting Tuesday, December 21, 2021 Page 5 the sign-up period is the end of February or beginning of March. She encouraged senior residents to contact local churches in the area or the United Way Emergency Hotline (211). Those needing help can call Community Relations at (586) 446-2471 or email cityhall@sterling- heights.net, and she explained they have begun to compile a list of a few volunteers who are able to help seniors shovel their snow in the winter. If they are not able to do that, they are aware of discounted services that might be an option for qualified residents. City Development Director Jason Castor highlighted some changes to the snow emergency parking enforcement program. He explained that vehicles are not allowed to park on the street during a declared snow emergency, adding that allows the Department of Public Works the ability to clear the streets from curb-to-curb without the difficulty of navigating around vehicles, and it keeps vehicles from getting plowed in. He stated that two hours after a snow emergency is declared, Code Enforcement and the Police Department start canvassing the streets based on the selected DPW plow map to make sure they are staying in front of the snowplows. He advised that issued tickets throughout the season will be entered into a database and monitored for repeat offenders, with violations remaining on this list for two years. The cost of the first violation ticket is $25, the second violation ticket is $100, and the third and repeat violations thereafter are $125. The amount Regular City Council Meeting Tuesday, December 21, 2021 Page 6 of the fine will be noted on each ticket, so when the resident either comes in or goes online to pay, the amount they are required to pay is specified. Mr. Vanderpool concluded his report by thanking all of the residents who comply with their street parking prohibition. He explained there are approximately 40,000 properties in the City, and with an average of two cars per property, which totals 80,000 vehicles. They generally issue about 1,000 tickets so that equates to 98 percent compliance, which is greatly appreciated, especially by Public Safety and the drivers of the DPW snowplows. 6. PRESENTATIONS A. Mayor Taylor stated this is a Nice Neighbor Award Presentation, and he invited Library Director Tammy Turgeon to give the presentation. Library Director Tammy Turgeon stated she is pleased to announce a donation that has been made to the Friends of the Sterling Heights Public Library, and to recognize the donor with a Nice Neighbor Award. She explained the purpose and mission of the library, adding that the Friends of the Library is their biggest supporter, and she introduced Kathy Mohnach, who is president of the Friends of the Library Board. Ms. Kathy Mohnach, president of the Friends of the Library Board, explained this group was organized in 1976 as a volunteer nonprofit group dedicated to enhancing and improving library services for their community. Friends’ contributions, fundraising activities, and volunteer efforts help maintain and improve library collections, provide new technologies and capital Regular City Council Meeting Tuesday, December 21, 2021 Page 7 improvements, and support library programming. She thanked Kelley Skillin for her thoughtful and generous contribution to the Friends of $1,481.43, and they are happy to nominate her for the Nice Neighbor Award for helping in this way. Ms. Turgeon read the award and presented it to Ms. Skillin. Moved by Sierawski, seconded by Taylor, RESOLVED, to present Kelley Skillin with a Nice Neighbor Award in recognition of her efforts to contribute in making Sterling Heights’ overall quality of life second to none. Mayor Pro-Tem Sierawski thanked Ms. Skillin and added that it is great to see this money going to a great place. Mayor Taylor thanked Ms. Skillin and wished her well. He thanked her for her continued support of Sterling Heights and her generous donation. Yes: All. The motion carried. B. Mayor Taylor stated this is to receive the Annual Comprehensive Financial Report for the fiscal year ended June 30, 2021. He invited City Controller Nick Makie and a representative from Plante & Moran, PLLC, to give the presentation. City Controller Nick Makie presented the results of the 2021 Financial Audit, which is a very time-consuming and detailed process and involves the cooperation of many employees throughout the organization, so he thanked everyone involved, especially the finance team. He provided an overview of the audit and summarized the financial results, adding that the full 153-page audit report has been supplied to City Council and is also available on the Regular City Council Meeting Tuesday, December 21, 2021 Page 8 City’s website. The net position of the City, which represents total assets minus total liabilities, has increased by $35.2 million from the prior year, with most of this increase in Governmental Activities and is due to the large investments the City has been making into infrastructure, including roads and facilities, as well as investment returns on their pension and OPEB plans. General Fund Revenues totaled $116 million, and General Fund Expenditures totaled $113.7 million, so they were able to add $2.3 million to the General Fund Reserves, which was greater than projected. He explained this brings their total General Fund balance to $32.2 million, or 28.4% of annual General Fund expenses. In 2022, the projection is to have small contribution to fund balance, bringing their total reserves up to $32.3 million, which is also 28.4% of expenditures. General Fund revenues were within 1% of budgeted targets and increased $6.3 million, or 5.8%, over the last year, with this increase primarily due to a 3.2% recent tax revenue related to Police and Fire Pension tax, $6.6 million in additional state and federal source revenue primarily due to Covid Relief funding and offset by a decrease in investment income of about $910,000, which was due to low interest rates. The total expenditures were 1.3% lower than budgeted, and every city department came in under budget. Expenditures increased by $7 million, or 6.6%, over the previous year, and this increase included $3.1 million increase in transfers to other funds for funding on capital projects, including roads and facilities, a $1.3 million increase in total pension and OPEB contributions, a Regular City Council Meeting Tuesday, December 21, 2021 Page 9 $1.8 million increase in personnel costs due primarily to contract wage adjustments and increases, and a $600,000 increase in health insurance costs. Mr. Makie reviewed activity in some of the other major funds, including the Major and Local Roads fund, with the revenue totaling over $20.3 million for 2021. Revenue from the State of Michigan, Act 51 Revenue, totaled $13.6 million, an increase of about $1.2 million over the prior year. The Safe Streets millage provided $3.6 million for neighborhood road improvements, which is up $84,000 from the prior year. The General Fund provided an additional $2 million toward the Major Road Fund this year. Investment in major roads decreased by $5.5 million year over year, with the actual expenditures, included bonded funds, totaling $9.4 million in 2021. In 2022, budgeted expenditures are $24.1 million, and a large portion of this increase is due to the reconstruction of Mound Road. This year’s Neighborhood Road projects totaled $4.8 million, with another $6.4 million in investment in 2022. Thanks to the renewal of the Safe Streets millage, over 250 additional neighborhood streets will see improvements over the next ten years. Mr. Makie explained that investment in Parks and Recreation continued in 2021 with another $1.8 million in capital outlay, which is a decrease of approximately $14 million year over year, being a result of their ReCreating Recreation bonded projects being completed. Revenues were relatively flat, and the slightly higher tax revenue offset by slightly lower investment income Regular City Council Meeting Tuesday, December 21, 2021 Page 10 primarily due to less bond proceeds on hand. Expenses outside of capital expenditures were also relatively flat compared to prior years. In the Capital Projects fund, expenditures totaled $15.1 million in 2021, with highlights including $7.8 million for the new DPW facility, $1.7 million in IT upgrades and improvements, and $1.5 million for vehicles. The 2022 budget will see continued investments in capital and facilities. Mr. Makie explained the Water & Sewer fund had operational income in the current fiscal year of $3.4 million, primarily due to an extremely dry summer in 2020, with usage being 9.6% higher than estimated, and 12.6% higher than the prior year. He added that they have worked to minimize losses in the water and sewer system over the past four years. The current year’s budget is expected to include an increase to reserves. He addressed the City’s retirement funds, noting they continue to prioritize funding for its three retirement plans. The equities market was still in a downturn as of June 30, 2020, but the investments have rebounded and the funding in all plans has significantly increased. The Retiree Medical Plan has increased its funding level 22.3% from last year to 78.2% funded, and the funding level for the General Employees Pension System has increased to 86.1% funded, with both of these plans closed to new hires. The funding for the Police and Fire Pension Plan increased to 72% funded and is the only plan still open to employees. Regular City Council Meeting Tuesday, December 21, 2021 Page 11 Mr. Makie announced that the City has once again been awarded the Government Finance Officers Association (GFOA) Certificate of Excellence in Financial Reporting, as well as a Distinguished Budget Award, adding that these have been awarded to the City for 32 and 33 years, respectively, and shows the City’s dedicated excellence to financial reporting. The City’s budget and long-term financial planning is on target, and they are continuing to add to General Fund Reserves. He pointed out that this is all accomplished while maintaining the lowest taxes paid per resident in comparison with the largest cities in Michigan by population, and the City continues to have one of the lowest millage rates in Macomb County. Mr. Joe Kowalski, partner from Plante and Moran, PLLC, thanked Ms. Varney, Mr. Makie, and the entire city staff, explaining that there is about 1,000 hours of audit effort that takes place a few weeks in the fall, and their cooperation and level of effort is amazing. He stated he is happy to report another clean, or unmodified, opinion on the financial statements, which is the highest level of assurance they can receive. They evaluate internal controls, and they found nothing in their audit to cause them to believe that the internal controls needed improving, which he stressed that is quite an accomplishment. He added that additional federal grants were also a difficult thing to navigate, and they are requested to test compliance with those grant terms and agreement. Even though there were new grants, there were no findings over compliance related to those grants, so their opinion is clean on Regular City Council Meeting Tuesday, December 21, 2021 Page 12 the operation of the grants as well. He commended the City for a great year and another year in receiving the GFOA Certificate. Moved by Ziarko, seconded by Sierawski, RESOLVED, to receive and file the Annual Comprehensive Financial Report for the fiscal year ended June 30, 2021. Mayor Taylor stated this is his twelfth or thirteenth audit report for the City, and on behalf of City Council and the residents of Sterling Heights, he thanked Plante and Moran for what they do, adding that Sterling Heights’ staff is the best and does an incredible job. He highly complimented Ms. Varney and her team for an outstanding job. Yes: All. The motion carried. 7. ORDINANCE INTRODUCTION A. Mayor Taylor stated this is to introduce the first amendment to the Appropriations Ordinance for the 2021/22 fiscal year. He invited Finance and Budget Director Jennifer L. Varney to give the presentation. Finance and Budget Director Jennifer Varney stated she is here to introduce the first amendment to the Appropriations Ordinance, adding that the budget is normally amended twice a year, once in December and once at the end of the fiscal year. The Amendment carries forward the unspent funding from projects that were approved in the prior years that will not be fully completed until this year, and it recognizes new grants and items that have come before Council since the budget was adopted. She added that revenue and expenditure estimates have also been revised due to some changes and expectations since the original budget was adopted. She showed slides Regular City Council Meeting Tuesday, December 21, 2021 Page 13 summarizing the proposed changes to the General Fund budget since adoption. The adopted budget included a Use of Fund Balance of just over $2.1 million; however, since that time, the State has updated their revenue- sharing projections, increasing the City’s annual revenue-sharing by just over $1.2 million due to a 15% year-over-year increase in sales tax revenues collected by the State. In addition, subsequent to budget adoption, they received a valuation report from their actuaries on their OPEB plan, which funds retiree medical expenditures, and due to the City’s commitment to funding this plan over the last decade, as well as very strong earnings this last fiscal year, the recommended contribution for this plan has decreased significantly. They were able to reduce their contribution this year by $1.2 million. She added that, due to the conclusion of various projects funded through ReCreating Recreation, they were able to reduce the General Fund transfer to Parks and Recreation this year by $425,000. Additional expenditures proposed in the first amendment include the addition of six critical positions that were proposed in the Manpower Study, at a cost of $488,000. She reminded that at Strategic Planning last year, a Manpower Study indicated the need for seventy additional positions over the next several years, but only the most critical positions have been proposed to be filled at this time. Ms. Varney explained that changes to the Police Officers contract added about $170,000 to the General Fund budget, and other miscellaneous Regular City Council Meeting Tuesday, December 21, 2021 Page 14 increases added about $56,000. These changes have eliminated the projected use of Fund Balance for the current fiscal year, and they are not proposing a contribution to Fund Balance of just over $17,000. Ms. Varney explained revenue-sharing has been increasing 2% to 4% consistently since 2017, and this year’s increase is the largest they have seen in a while, but the original estimates from the State anticipated a decrease this year. She cautioned that some of this year’s increase is a one-time jump in higher spending, it is reasonable to assume that about half of the increase is sustainable. The City’s commitment to funding OPEB has been very successful, increasing the funding level from under 9% to almost 80% in just 15 years, and in addition to ensuring that promised benefits are funded, higher funding levels will maximize their investment earnings, keeping contributions consistent and helps them decrease over time. Ms. Varney explained the amended budget proposes the addition of six critical positions that were identified as part of the Manpower Study, with those six positions being in Financial Services, Water Billing, Assessing, City Clerk, Information Technology, and Community Relations. She pointed out that even with the addition of these positions, Sterling Heights will still have the lowest employee-per-resident ratio of all comparable communities. Ms. Varney summarized that the net result of these changes is a contribution to General Fund Balance of just over $17,000. She reminded that this year’s budget included a one-time $500,000 investment to upgrade all city Regular City Council Meeting Tuesday, December 21, 2021 Page 15 streetlights with LED lights, and this investment is expected to result in an annual savings of nearly $125,000 in electricity costs, with a payback period of under four years. She summarized that for the year ending 2021, the City was able to add $2.3 million to fund balance, bringing year-end fund balance to about $32.2 million, or 28.4% of expenditures; therefore, the current year budget will keep reserves about the same, which is a very healthy level and well within accepted best practices. Ms. Varney concluded that the budget is being adjusted a total of $14.8 million, and of that amount, $5.6 million is to carry over unspent road project funds, $1.2 million in improved and carried-forward expenditures of the wrap- up of facility renovations, $900,000 in improved and carried-forward expenditures from the Local Development Finance Authority, and the carry- over, unspent capital projects total of $5.4 million, which includes the carried- forward funds for the construction of the new DPW facility, as well as other projects and equipment approved in the prior fiscal year. Ms. Varney stated this is the first reading of this Ordinance, which is scheduled for adoption at the January 4, 2022 meeting. Mayor Taylor opened the floor for public comments. • Jon Matthews – referred to Page 185 of e-packet; questioned whether the savings on the OPEB contribution is sufficient to possibly fund one of the other sixty-four positions that were considered essential; questioned timeline to do that if this is not enough; questioned what Regular City Council Meeting Tuesday, December 21, 2021 Page 16 they will do going forward, noting sixty-four positions is a lot to deal with. Moved by Ziarko, seconded by Schmidt, RESOLVED, to introduce the first amendment to the Appropriations Ordinance for the 2021/22 fiscal year. Councilwoman Ziarko commended a good job by all involved. She is comfortable because they have had a couple of weeks to look at this and is pleased they have not had to raise taxes to do what they are proposing. She questioned how the reduction in personal property tax will affect their budget next year. Ms. Varney replied the reduction they will see is considered “Tier 3 Personal Property Tax Reimbursement”. She explained there are three different tiers of reimbursement, and Tier 3 is easily estimable and she includes it in the budget as revenue to cover operating expenses. She cautioned that the Tier 3 reimbursement is not estimable and they do not know if they will get it or how much until they receive it in May, so that is generally used to invest in capital, roads, facilities, and one-time expenditures. She admitted it will be a loss because they have been using it for things that are important, but it does not affect the operating items. Councilwoman Ziarko indicated they may have to ask their legislators for replacement of this funding, hopefully seeing it through revenue-sharing.. Ms. Varney understands that they are holding the City harmless for one year, so the first budget it would affect would be the 2025-2026 budget. Regular City Council Meeting Tuesday, December 21, 2021 Page 17 Councilman Yanez questioned the six personnel being proposed for hire, and he assured he understands why each of these are necessary. He felt the City is woefully understaffed, although their employees do an amazing job with the staffing they have. At the last budget, he moved that they hire another Fire Inspector, pointing out they are extremely behind in their fire inspections. He pointed out they are known as one of the safest cities in Michigan, but they only look at police statistics. He questioned how far behind they are on the three-year rotation of building inspections, and he is only told they are “way behind.” He strongly recommended they consider hiring a Fire Inspector in the next budget year to assure their City and its citizens and people who work here remain safe. He commended Ms. Varney on doing an excellent job. Councilman Radtke felt Mr. Matthews’ question was a good one and questioned whether they could further cut the contribution to OPEB to gain more positions. Ms. Varney believed the cut to the OPEB contribution is sustainable for a two- year period. She added the actuaries also project into the future, which show the OPEB contribution will continue to decrease, partly because the City has done a great job and has overcontributed for many years, resulting in a large balance on which they earned a great return this last year. She explained that, like any other sustainable reduction in expenditures, it can be used as part of the whole operational budget to try to find other important priorities Regular City Council Meeting Tuesday, December 21, 2021 Page 18 discussed during the budget process. Ms. Varney replied to inquiry that by overcontributing to OPEB, they have had a lot of success, and this allowed them to fund the six positions they felt are of the highest priority and to get rid of the Use of Fund Balance. She would like to leave it this way for the current year and see how everything goes next year before committing to adding additional expenses. Councilman Radtke agreed with Councilman Yanez that they need another Fire Inspector, and he also felt they need a Deputy Police Chief, stressing that he wants to make sure they are keeping the City as safe as possible. He stated that, without objection, he would like a budget amendment for a Fire Inspector and Deputy Police Chief for the current budget. Mayor Taylor questioned if Council can vote to pass the ordinance if they bring up the amendment at the next meeting, or whether they will need two weeks. Mr. Kaszubski replied to inquiry that Ms. Varney will need time to determine those numbers. He recommended introducing the first amendment to the Ordinance as presented, and they can vote on an amendment to that at the next meeting, followed by a vote on the ordinance. Councilman Yanez questioned whether they would lose both positions if the amendment fails, and whether it would be better to have two separate amendments. Mayor Taylor felt both should be included in one amendment. Regular City Council Meeting Tuesday, December 21, 2021 Page 19 Councilwoman Ziarko did not feel these positions need to be added at this point in the budget year, but she would be happy to consider them for the 2022/2023 budget year. She felt enough preparation has gone into amending this budget to get to where they wanted to be. Councilwoman Schmidt agreed with Councilwoman Ziarko, stating her objection. She understood their priorities, but she pointed out they are discussing the next budget in May, so she felt there is no harm in waiting. Mayor Pro-Tem Sierawski questioned if they were to introduce and approve those two additional positions for this budget, how would they be funded. Ms. Varney replied it would either be a Use of Fund Balance or a reduction of another expenditure to offset it. Mayor Pro-Tem Sierawski agreed that this is probably not the best time to do this, and she added she would like to make sure they can appropriately budget and plan for those two positions, although she acknowledged those positions are definitely wanted and needed. She would prefer to wait for the next budget year discussions in May. Councilwoman Koski stated she does not know whether it is the right time to do this, but she would like to see the numbers Ms. Varney puts together. She indicated she would be in favor of looking at it. Mayor Taylor noted there are only three objections so they will proceed with the analysis and budget amendment at the January 4, 2022 meeting. Regular City Council Meeting Tuesday, December 21, 2021 Page 20 Mayor Pro-Tem Sierawski congratulated Ms. Varney and her entire team for putting together this amendment, and she added she is happy they can bring in those six positions without raising taxes. She felt if they can fund the other two positions, she would be in favor. Although she does not feel it is the best timing, she would be willing to hear how it would be done. Councilwoman Schmidt questioned when they are voting on the First Amendment, whether that includes Councilman Radtke’s request. Mr. Kaszubski replied no, and confirmed the vote is only on the introduction. Mayor Taylor stated they are voting on the motion that was presented earlier. He commended Ms. Varney and her team for putting this together, and he questioned whether it will be difficult to find employees at this time. Ms. Varney replied it is a challenging job market, with some of the positions filled and more are in the process. She added that it is difficult for some departments, citing Assessing as one, where there are not a lot of appraisers with the right credentials. Mayor Taylor stated he has spoken with their Police Chief and other police officers, and there is a strong need for a Deputy Police Chief position right now. He did not feel that need will change much in the next several months, and he does not know the financial position of the City will change much in that time, either. He emphasized that the Police Chief is requesting it and believes it is crucial to continue to have the Police Department run effectively. Mayor Taylor pointed out that the Police Chief has done so much good for Regular City Council Meeting Tuesday, December 21, 2021 Page 21 the Police Department and the City over the last several years, so he trusts his judgment. He felt the Police Department is the highest priority for City Council as well as for the residents. Yes: All. The motion carried. 8. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. He opened the floor for public comments. • Mr. Orjada – regarding Item 8-I; questioned how much the City is expecting to receive. Mayor Taylor responded it is $3.2 million paid out over eighteen years. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of December 7, 2021. B. To approve payment of the bills as presented: General Fund - $548,133.59, Water & Sewer Fund - $4,808,774.43, Other Funds - $1,335,577.07, Total Checks - $6,692,485.09. C. RESOLVED, to: 1) Purchase one (1) Cushman Shuttle 6 utility vehicle, model no. 657079, from Michigan Golf Cart, 31639 Mound Rd., Warren, MI 48092, at pricing available through the OMNIA Partners cooperative purchasing contract, #R210201, plus dealer installed options and accessories, in the amount of $13,771.50; and, 2) Authorize a budget amendment in the amount of $13,771.50 from Capital Project Fund reserves to apply D. RESOLVED, to purchase storage cabinetry and shelving from Black & Decker (US), Inc., d/b/a SWS Vidmar Lista, 11 Grammes Road, Allentown, PA 18103-4760, at pricing available through a General Services Administration governmental purchasing contract, #GS-03F- 062GA, at a total cost of $24,205.65. E. RESOLVED, to waive the competitive bidding requirement in accordance with City Code §2-217-(A)(9)(a) and purchase the PL Custom Medallion 170” Type III ALS transport ambulance and accessories from Halt Fire, Inc. at a cost of $199,797 and authorize a budget amendment for use of Capital Project fund reserves. F. RESOLVED, to award the bid for three (3) Sony FX6 digital cinema cameras, with 25-105 mm F/4 OSS lenses, and accessories, to B & H Regular City Council Meeting Tuesday, December 21, 2021 Page 22 Foto & Electronics Corp., 420 9th Ave., New York, NY 10001, at a total cost of $26,562. G. RESOLVED, to: 1) Purchase roofing materials from The Garland Company, Inc., 3800 East 91st Street, Cleveland, OH 44105, at pricing available through a OMNIA Partners cooperative purchasing contract, #PW1925, in the amount of $14,597.06; and 2) Waive the competitive bidding requirement in accordance with City Code Section 2-217(A)(9)(a) and purchase installation services for the replacement of the l ow-slope roofing system at the Sterling Heights Nature Center from Schena Roofing & Sheet Metal Co., 28299 Kehrig Dr., Chesterfield, MI 48047, at a cost of $91,726.00; and, 3) Approve a budget amendment for use of fiscal year 2021/22 Capital Fund Reserves #403.070.700.975.000. H. RESOLVED, to purchase contractor services from Oscar W. Larson Company, 10100 Dixie Hwy, Clarkston, MI 48348, in connection with the disconnection, re-connection, and testing of the fueling system at the Department of Public Works facility at 7200 18 Mile Road at a cost of $13,055.77. I. RESOLVED, to approve the Participation Agreements and Michigan State-Subdivision Agreement in settlement of the Janssen and Distributors opioid litigation and authorize the City Manager to execute the Agreements on behalf of the City of Sterling Heights. J. RESOLVED, to adopt the resolutions accepting Jayden Court and Linda Lane (extension) in the City Local Street System as a public street located within City right-of-way and operated for public street purposes. K. RESOLVED, to approve vinal payment to Pro-Line Asphalt Paving Corp., 11797 29 Mile Road, Washington, MI 48095, in the amount of $98,414.76, plus interest on retainage, for Saal Road Resurfacing, Clinton River Road to 19 Mile Road, City Project #20-364. L. RESOLVED, to receive the lawsuit, Larry Allen Meitzner vs. City of Sterling Heights, et al; United States District Court Case No. 2:21-cv- 12169-GAD-EAS. Yes: All. The motion carried. 9. CONSIDERATION A. Mayor Taylor stated this is to consider appointments to City of Sterling Heights Arts Commission. He noted there are two openings, with one term expiring June 30, 2024, and the other term expiring June 30, 2025. Regular City Council Meeting Tuesday, December 21, 2021 Page 23 There were no nominations, and Mayor Taylor requested that this be postponed to the first meeting in January 2022. Moved by Radtke, seconded by Taylor, RESOLVED, to postpone the appointments to the Arts Commission to the January 4, 2022, regular City Council meeting. Yes: All. The motion carried. 10. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for comments from the audience. • Bernard Martin – stated he is a citizen of Sterling Heights since 1979, currently serves as Vice-President of Fraternal Order of Police Associates Lodge 118, and currently national president of Fraternal Order of Police Associates nationwide; appalled that Council passed a motion to approve three (3) lightening bolts at a fallen officer’s memorial; complained the police had no say in the design of the memorial, and urged Council to take action to hold off until more dialog can occur regarding the design of the memorial. • Paul Manni – wished everyone a Merry Christmas and a Happy New Year; claimed even though he did not win the election, it was a great year and a great experience, meeting people; stated he is grateful to live in this City. 11. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool addressed the concern expressed by Mr. Martin with regard to the design of the artwork for the memorial. He thanked Mr. Martin for his good work with the FOP and his engagement with the City, adding he is a very fine man. He noted that public art is meant to cause some interpretation, and in this case, each sculpture is reflective of a life tree, not a lightening bolt. It shows changes in their lives and growth over time, symbolizing how life can change in an instant, speaking to the ultimate sacrifice made by the fallen officers and firefighters. He added each sculpture includes a sphere that represents the Sterling Heights community gathered around the officers and Regular City Council Meeting Tuesday, December 21, 2021 Page 24 the firefighter as family. He explained that each sculpture will include variations so they are not identical. He reminded it is public art and subject to some interpretation, but he felt when it is all done, Mr. Martin and others will be very proud of this public art in this City. He thanked the Arts Commission for their good work in going through all of the various designs. They worked hard, and he felt they made the right choice. Mayor Pro-Tem Sierawski wished everyone a Merry Christmas, Happy Holidays, and a safe and happy New Year. She talked about the shootings at Oxford High School, and she noted that a daughter of one of her employees attends that high school and was friends with one of the students who died in that tragedy, so she has witnessed firsthand the impact on those families and the Oxford community. She stated that multiple athletic directors have gotten together and approached EA Graphics, a Sterling Heights company, and they have agreed to print t-shirts, sweatshirts, and outer gear that display “Oxford Strong,” with 80% of sales to go to that community. The goal is for anyone who wants to support that community to be able to do so, and they are requesting that these be worn on February 4. She urged everyone to either buy one or to think of them during this time in an effort to stand together to combat that violence and make a difference. Councilwoman Ziarko wished everyone a Happy Holiday season. She urged everyone to consider getting vaccinated and their booster shots, as well as wearing masks in public, adding that they are going into their third calendar Regular City Council Meeting Tuesday, December 21, 2021 Page 25 year of Covid in another few weeks, and everyone is tired. She urged those who have concerns about it to talk to their doctors. Councilman Radtke wished everyone a Happy Holiday season. He questioned how the Arts Commission makes their decisions on public art. Mr. Vanderpool replied in many cases, Requests for Proposals are sent out with some design parameters and ideas in mind, then the Arts Commission looks at the proposals along with some input from Community Relations Department and other stakeholders. It is not a rigid criterion because art can be abstract. Councilman Radtke stated this is the first he is hearing of an objection, but they have a number of commissioners appointed that come from different walks of life and different backgrounds to make these decisions. He would like to hear if there are others who are not happy with it; however, he felt it has gone through the proper process and he has no problem with what is being proposed. He questioned why have an Arts Commission if the City is not going to follow their recommendation. Councilman Radtke requested, without objection, that City Administration bring a new tattoo ordinance to Council to allow microblading. He recalled a conversation several months ago about changing the hours so people can get this beauty procedure done in Sterling Heights. He could see no problem with what the City Administration recommended, and he requested it be brought forward as an ordinance within the next sixty (60) days. Regular City Council Meeting Tuesday, December 21, 2021 Page 26 Mayor Taylor heard no objection and requested to have something brought back to Council in sixty (60) days. Councilman Radtke stated he would like to talk about the recreation of the Human Rights Ordinance in Sterling Heights. He recalled it was in front of Council in 2013 and 2014, approved, and subsequently repealed. He explained he made a promise to the LGBTQ community in Sterling Heights that it would be brought back for passage to align the City with the County and other communities that have this ordinance to prevent discrimination against people of the LGBTQ community. He questioned whether he should request a new ordinance, or request that the old ordinance be brought back. Mayor Taylor questioned whether Mr. Kaszubski has looked into this recently as far as what other communities are doing. Mr. Kaszubski replied he has not looked into it, but he would like time to provide a report on what other communities have done. He advised that there is a current Supreme Court case pending that will be argued in early 2022, and that can potentially make it a state issue and resolve it. He added there are multiple briefs that have been filed. Mr. Vanderpool stated that, in light of Councilman Radtke’s request, Council may want to let Administration and the City Attorney come back with a full report on what was initially considered and approved by City Council and subsequently repealed, as well as a review of the pending court cases, and a summary of what the City has done as an organization. He felt they can Regular City Council Meeting Tuesday, December 21, 2021 Page 27 report back to City Council within sixty (60) days if Council would allow them that time, possibly a little sooner. Mayor Taylor expressed concern that if this comes forward during warmer weather, it is much easier for those in opposition to collect signature to get it off the ballot. He stated he does not need a report, adding he can do the work himself over the next two weeks. He would like to see it on the agenda for the first meeting in January. Councilman Radtke agreed with Mayor Taylor and stated he would like to see it on the next agenda. Mayor Taylor felt they can look at the same ordinance that was approved by Council back in 2014, and if Mr. Kaszubski feels it needs to be tweaked, he has a couple of weeks to do that. He questioned whether there are any objections. Mayor Pro-Tem Sierawski clarified that she is not objecting but stated she would like to see what other communities have done. Mayor Taylor stated he will put that together in the next couple of weeks. Councilwoman Ziarko felt all seven members sitting on Council would vote to put that ordinance in place tonight, but she is concerned about what happens afterward, especially the “ugliness” that occurred seven years ago. She felt the same people will have the same objections, and they will use the same petition to put this on a ballot. She felt they will get signatures regardless of Regular City Council Meeting Tuesday, December 21, 2021 Page 28 the temperatures outside. She would like to see them come up with something they can do to keep it in place. Mayor Taylor did not disagree with that, but he did not believe they will see a lot of major changes. Councilwoman Ziarko agreed this is something they could do expeditiously, but she questioned whether it is something they should do expeditiously. She felt it would be better to be patient and do it the right way. She would like to wait for the Supreme Court decision because they might make a difference in what the City is trying to do with the ordinance. She stressed she does not want a repeat of what occurred seven years ago. Councilwoman Schmidt felt they could probably pass this tonight, but out of fairness to City Administration and Mr. Kaszubski, she felt pushing it to the first meeting in January is too rushed, especially since it is the holiday, and they are already preparing an amendment to the Appropriations Ordinance. She believed this should be addressed at the federal or state level, and it is currently in the process of being addressed there, so she has no problem waiting for those decisions. She commented that what they went through seven years ago was horrible, and she stressed they need to do it right, adding that whatever the federal or state courts decide will supersede what action the City takes. She did not feel there is rush to place it on the agenda for the first meeting in January. Regular City Council Meeting Tuesday, December 21, 2021 Page 29 Councilwoman Koski questioned when a decision is anticipated by the Supreme Court. Mr. Kaszubski replied that arguments will likely begin in April or May, with a decision later this year. He explained it is about the interpretation of law and whether it includes gender identity. Councilwoman Koski questioned if the Supreme Court’s decision includes what the City is trying to achieve, would that solve their issues. Mr. Kaszubski replied affirmatively. Councilwoman Koski pointed out the ordinance would not be necessary. Mr. Kaszubski confirmed a decision of the Supreme Court would trump any ordinance the City passes. Councilwoman Koski would prefer to wait on this because she does not want a repeat of what occurred seven years ago. Councilman Yanez does not have an objection, but he questioned how the City’s practices line up with the previous ordinance regarding the rights referred to by Councilman Radtke. Mr. Vanderpool replied that, with respect to best practices in this area, all of their administrative procedures and policy orders have been revised years ago when the ordinance for the communitywide protection came about. They updated all internal policies and procedures to prohibit any type of discrimination, which was already in place, but to include sexual orientation Regular City Council Meeting Tuesday, December 21, 2021 Page 30 in the LGBTQ community. The County also did the same thing, so the City organization is in line with best practices. Councilman Yanez stated he supports whatever the Mayor chooses to do. Mayor Taylor noted that four people have not objected to proceed with an ordinance at the January 4 meeting. He felt Administration can present something very similar to what they previously voted on, and he assured over the next week or two, he will look at other communities to see if they have adopted anything and how it compares. Councilwoman Ziarko questioned which four Council members have no objection. Mayor Taylor replied that he, as well as Councilman Radtke, Councilman Yanez, and Mayor Pro-Tem Sierawski, have no objections to having this on the January 4 agenda. He is optimistic and felt a lot has changed in the last seven years, noting a lot of people have changed their minds on this issue. He noted they are now in a world where information is quickly spread, and most rumors and innuendos about bathroom assaults have been debunked. He commented that this may get through without the fanfare they experienced seven years ago. Councilman Radtke felt there will be some objections, but he anticipated they will be few and far between and are increasingly isolated in this society. He indicated he made promises to the LGBTQ community before the last election that he would bring this forward. Regular City Council Meeting Tuesday, December 21, 2021 Page 31 Councilwoman Koski stated in regard to the memorials, she recalled the backup material contained photos and information as to what was proposed. She questioned whether there is any way that could be put on the website because there are people who are concerned about it, and they could look at the pictures and read the information. She wished everyone a Merry Christmas, a Happy New Year, and to stay safe and healthy. Councilwoman Schmidt wished everyone a Merry Christmas, Happy Holidays, and a Happy New Year. Councilman Yanez appreciated the work this Administration has done with regard to the new policies on snow emergencies. He felt if they can stop the damage of property while making conditions safer for their snowplow drivers and making sure the streets are properly plowed and cleared, everyone wins. He addressed Mr. Martin’s concerns with the Police Officers and Fireman memorial, and he stated he is bothered that there may have been no input from those organizations. He stated he will be bringing up at Strategic Planning a proposal to invest in a memorial in the Veteran’s courtyard for those who served in Iraq and Afghanistan. He hoped if they move forward with that memorial, that veterans from Iraq and Afghanistan will have some input as to what that memorial would look like. He felt any memorial for any group or organization should have input from that group or organization. He wished everyone a Merry Christmas, Happy Holidays, and a Happy New Regular City Council Meeting Tuesday, December 21, 2021 Page 32 Year. He appreciated those he serves with on Council as well as all of the residents and taxpayers. Mayor Taylor thanked everyone for their comments. He wished everyone a Merry Christmas and a Happy New Year. 12. UNFINISHED BUSINESS There was no unfinished business. 13. NEW BUSINESS There was no new business. 14. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated there are no items for closed session this evening. 15. ADJOURN Moved by Ziarko, seconded by Sierawski, RESOLVED, to adjourn the meeting. Yes: All. The motion carried and the meeting was adjourned at 8:38 p.m. MELANIE D. RYSKA, City Clerk