City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MARCH 7, 2023 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 Moved by Koski, seconded by Ziarko, RESOLVED, to approve the agenda as amended. Councilman Radtke requested that Item 7-N be taken off the Consent Agenda. Mayor Taylor indicated that Consent Agenda Item 7-N will be Consideration Item 8-B. Yes: All. The motion carried. 5. REPORT FROM CITY MANAGER Mr. Vanderpool reminded everyone that the Sterling Heights Area Community Foundation and its ten scholarship sponsoring partners will award nineteen scholarships this year, totaling $32,000 to area college-bound high school seniors and current college students living in Sterling Heights and the surrounding area. He informed that the deadline for applications must be received or postmarked by March 10, so he urged those interested to go to the City’s website under the “Foundation” tab to obtain the application. Mr. Vanderpool highlighted an interesting program he attended last week, which was coordinated by the City’s CommUNITY Alliance and the Community Relations Department in an effort to build an understanding and kindness in the community. He explained their first ever Disability Immersion Experience was held at the Community Center on March 1, and he invited Community Relations Regular City Council Meeting Tuesday, March 7, 2023 Page 2 Director Melanie Davis to highlight the program. He stressed it is unique, and he is very proud of it. Community Relations Director shared some details about this event hosted by the CommUNITY Alliance. She explained part of their mission is to make sure that all residents feel welcome and accepted, and a big part of doing that is to build compassion, understanding, and empathy in their community, starting with education. She acknowledged Ms. Cindy Bjornson, a member of their CommUNITY Alliance who came up with this idea. She was able to connect them with the Rochester Community Schools, who loans out the modules for this experience. She added this event was also sponsored by Professional Contract Services, Inc., and they are in the business of helping find employment for those individuals in the community with disabilities. It was a great event and everyone had a great time learning through the exercises offered at each station, including focusing on learning disabilities and cognitive disabilities by completing a connect-the-dots puzzle by looking in the mirror to do the task. They had prosthetic devices on display to learn about individuals who have to use those to get around, as well as wheel chairs and crutches for the participants to try. They had items such as blindfolds and goggles that mimicked the feeling of being visually impaired, and participants could try items that the visually impaired would use. They had “wiggle pens” so people could see what it would be like for those with neurological impairments to write their name. They had the machines that people with hearing impairments would use while talking on the phone, and some t-bars for people to sit on to see what it is like for people who have balance issues. There were experiences with fine motor skills, where participants had to put on gloves and figure out how to button and snap things. They also had some grabbers that people in wheelchairs may use to reach something on a high shelf. Ms. Davis explained they had about fifty people of all ages who attended, and a brief video recap of the event was shown. She concluded that everyone learned a Regular City Council Meeting Tuesday, March 7, 2023 Page 3 lot and enjoyed the event, including those who put it on as well as the residents, and it is something the CommUNITY Alliance hopes to do again next year. Mr. Vanderpool concluded his report by thanking Ms. Davis and her team, as well as Ms. Bjornson and the entire CommUNITY Alliance. He also thanked the Mayor and City Council for creating the CommUNITY Alliance, adding it is paying big dividends. 6. ORDINANCE INTRODUCTIONS A. Mayor Taylor stated this is to consider introduction of an ordinance amending Chapter 49 of the City Code of Ordinances to provide for cost recovery associated with non-emergency medical responses. He invited Fire Chief Kevin Edmond and Assistant City Attorney Donald DeNault to give presentations. Fire Chief Kevin Edmond stated this is a proposed cost recovery ordinance based on a presentation he gave during Strategic Planning. He reviewed the issues they are facing, noting that during the past several years, 911 calls from specialized residential facilities have been constantly increasing dramatically for non- emergency assistance from Fire Department personnel. The common misuse of 911 has been for “lift assist” calls from these specialized residential facilities to secure assistance from the Fire Department to lift up or move a patient off of the floor who cannot get up due to physical ailments or extreme size, when these facilities have the capability to respond to these residents. He showed some of the devices the facilities can use to assist them, adding that the Fire Department can help to educate them if necessary. He noted that the aging population is increasing, and these non-emergent and lift assist calls from specialized residential facilities is occurring across the country, drawing valuable resources away from responding to actual emergencies. He stressed that the costs alone are significant, but it involves more than personnel and equipment, pointing out the City takes on the associated risk of personnel injuries, subsequent worker’s comp, and overtime replacement for the injured first responder while off duty. He invited Assistant City Attorney Donald DeNault to complete the presentation. Regular City Council Meeting Tuesday, March 7, 2023 Page 4 Assistant City Attorney Donald DeNault stated the City of Sterling Heights is not the first community to come up with this type of ordinance to address what is a fairly recent phenomenon that started in approximately 2019. He explained some of the history of the ordinances that have recently been developed across the country to discourage the non-emergency responses. He indicated that some of these residents may need more care than the facilities are providing for them. The fees are intended to be a disincentive for the practice of using publicly-funded emergency services to provide non-emergent assistance to a care facility. Mr. DeNault explained that one community tried for many years to hold monthly meetings with various facilities within their jurisdiction to educate and help facility managers understand that 911 should only be called if one of their residents has an acute, serious life-threatening medical condition or complaint, or is an immediate health risk; however, this educational campaign did not work, and they finally adopted an ordinance to try to dis-incentivize these types of facilities from misusing 911 and misusing emergency response. Mr. DeNault stated the only municipality they know of in Michigan that has an ordinance like this is Bloomfield Township. He cited Batavia, Illinois, which serves as a model for other communities in Illinois, and that ordinance was looked at when considering an ordinance for Sterling Heights. He cited a community in Alabama which recently adopted a similar ordinance to what is being proposed this evening. Mr. DeNault briefly reviewed the proposed ordinance, which requires that a fee will be charged by the City for non-emergency lift-assistant and non-emergency medical responses or transports at commercial living facilities, and the terms are defined very specifically in the ordinance. He added that the proposed fees, which will be part of the Appropriations Ordinance, are $800 for the lift assist responses and $500 for non-emergency medical responses or transports. He noted these fees would be charged directly to the facilities because these are the facilities that are representing to their residents and the community at large that they provide Regular City Council Meeting Tuesday, March 7, 2023 Page 5 staff and assistance and everything needed to live independently. He indicated these fees only recover part of the cost for the improper use of ALS services, and there may be times when the City would get reimbursed in some other way, possibly for transport. This is not intended to recover all of the costs but is designed to recover enough to make the City almost whole for the use of these services, although he noted this can be reviewed and adjusted as they see how the program is working. Mr. DeNault reviewed the estimates they have calculated, and with an average of 240 or more lift assists per year at a fee of $800 each, that would equate to $192,000 in cost recovery annually if all invoices were paid. He noted that even if the dis-incentivizing works and that number is reduced by thirty percent, it would be 168 calls at $800 each for a total of $134,400 annually. Similarly, he explained they now average 400 non-emergent medical responses or transports, and an assessed fee of $500 would equate to $200,000 annually. If they are successful in dis-incentivizing or reducing this by thirty percent, they may still be looking at $140,000 in revenue annually. Mr. DeNault offered to answer questions. Mayor Taylor invited comments from the audience, but no one spoke. Moved by Sierawski, seconded by Schmidt, RESOLVED, to introduce the ordinance amending Chapter 49 of the City Code of Ordinances to provide for cost recovery associated with non-emergency medical responses. Mayor Pro-Tem Sierawski stated she is the director of nursing for a Jesuit Priest retirement center in Springfield Township. She emphasized that they have never called emergency services for a lift assist or a non-emergency medical transport because they have trained staff and the equipment to do so. She noted they are a private entity and not state-funded, so they do not worry about someone suing them if they touch their family member incorrectly. She cited the example of a 395-pound man trip and fall in their facility, and four females were able to lift this gentleman with a Hoyer Lift safely back into his wheelchair. They assessed him and determined he did not need to be transported, although they have the means to do so in a non-emergency vehicle. If he had needed emergency care, they Regular City Council Meeting Tuesday, March 7, 2023 Page 6 would have called 911. She stressed there is no reason for these facilities that charge $3,000 or more per month for their care to not be able to staff appropriately and have the equipment on hand to take care of their patients. She asked Chief Edmond about his comment that they are willing to train these facilities on the cadence of triage on what are considered emergent and non-emergent falls. Chief Edmond replied that is correct, and he added that they are willing to go to local schools to have this presented as a brief education to anyone going to school to become a certified nurse or registered nurse. Mayor Pro-Tem Sierawski stated that is wonderful even though that should already be part of their training. She is pleased that will be a back-up to the important training they get. She is in favor of this cost-recovery program. She indicated she used to work at one of these facilities prior to her current position, and she was very upset to see how they used the City’s services for these non- emergencies. She inquired as to the full cost for these services. Chief Edmond replied the full cost is approximately $1,200 for a call to send the City’s services out. Mayor Pro-Tem Sierawski understood they are not getting the full cost recovery, but they are getting some, and since these specialized residential facilities are for- profit entities, the only way to get their attention is to assess them fees. She hoped this will reduce the number of non-emergent and lift-assist calls they receive. Councilwoman Schmidt agreed with Mayor Pro-Tem Sierawski. She explained she trains students who want to go into a health care field, and they teach them at the high school level how to use a Hoyer lift and how to lift patients. She stressed that people working in those facilities should be trained on how to lift patients, so it is inexcusable for them to abuse the City’s services. She expressed concern that some of these facilities may rather continue to pay the fees rather than hiring more staff. She questioned whether they are considering an increase of the fees for frequent abusers. Regular City Council Meeting Tuesday, March 7, 2023 Page 7 Chief Edmond replied as they move forward and monitor this, they will be looking at it. He added that the fees are in the Appropriations Ordinance so they can easily be adjusted. Councilwoman Schmidt stated she is glad to hear they will be monitoring this for frequent abusers. She has heard that some of these facilities, upon discharge of patients, has advised families to “just call 911 if they fall”. She did not feel that is right for them to be encouraging that, and she is fully on board with this ordinance. Councilwoman Ziarko questioned what type of notification about this proposed ordinance will be sent to these facilities, and she further questioned when this ordinance will go into effect if adopted. She questioned whether it will be part of the budget process. Chief Edmond explained that if this is approved at the second Council meeting in March, letters will subsequently go out to the facilities. During the month of April, they will be very judicious in how they look at these calls, and only the very egregious calls will be billed during that month, so it is a “soft roll-out”. He assured they will be providing education to inform everyone this is coming, so they are fully aware of it and can upstaff. They do not know what this impact will have as far as budgeting, and whether it will serve as a deterrent and/or provide additional revenues, but they will see what happens after this is adopted. Councilman Yanez questioned whether there have been pushbacks or lawsuits in other communities across the country as a result of this type of ordinance. Mr. DeNault replied they specifically looked for that and have found no pushback or lawsuit, although he is not aware if there was anything done at a local level to push for leniency or change. Councilman Yanez questioned whether they have a breakdown of how many of these facilities, and the types of facilities. Chief Edmond replied there are twenty-six elderly facilities in the City, and five of those are skilled nursing. He estimated about fifteen of those facilities are assisted Regular City Council Meeting Tuesday, March 7, 2023 Page 8 living. He added there are some, such as Schoenherr Towers, that are elderly facilities but they do not have skilled nursing care. He explained as they defined this ordinance, they defined assisted living facilities and skilled nursing facilities, and those are the facilities that should have the staff on hand to handle these lift- assist and non-emergent transports. He clarified they are not seeking to impose a fee on their elderly residents who are not in one of these facilities, noting they will help and assist them in any needs they have because they do not have medical staff on site to take care of them. He addressed the question of pushback, noting if there is any, they have an appeals process which is similar to the False Alarm ordinance. An internal committee, consisting of some registered nurses who are also paramedics, to review these calls to make sure they are appropriate. Councilman Yanez questioned whether the Chief has found in his history with this that some residents need to be in a more appropriate facility. Chief Edmond explained he has worked in three different states, and there are different rules at the state level. He spent most of his career in Ohio, and his father- in-law, who was in an assisted living facility, had a stroke. When he met a specific level of care, he had to be transferred out into a skilled nursing facility, and that was a state code in Ohio. They are looking at how they may be able to do this locally as a long-term goal, since Michigan does not have that regulation. In the meantime, they are looking for ways to deter these calls where they should be using their own staff. He reiterated they will train them and lead them through this process. Councilman Yanez inquired as to whether all of these facilities are licensed by the State of Michigan. Chief Edmond replied that the skilled nursing facilities receive a license, but the assisted living facilities do not have any such licensing in the State of Michigan. Councilman Yanez felt this ordinance is a long time coming, and he suggested that fees of $800 and $500 may be too low, although he hopes it will serve as a deterrent. He was surprised that the numbers of these calls have only been Regular City Council Meeting Tuesday, March 7, 2023 Page 9 reduced by about twenty percent after fines were imposed, but he is hopeful they will be reduced. He questioned whether Chief Edmond has talked to anyone at the state level about this. Chief Edmond replied he talked to the ombudsman as well as other people to see what they can do going forward to help all of Michigan. Councilman Yanez stated it sounds like something they should be working on with their State legislators to try to push a law that is working in other states. He agreed that there are patients in some of these facilities that need to be in a facility that offers skilled nursing care. He fully supports this ordinance. Councilman Radtke concurred with his colleagues and noted there have been facilities that have abused the system far too long. He concurred with Councilman Yanez that the fees are too low, and they should consider raising them to be more of a deterrent and not a funding source. He questioned whether a task force or panel who met with the skilled nursing facilities was facilitated for the creation of this ordinance for the purpose of discussing changes they could implement. Chief Edmond replied that prior to his coming to Sterling Heights, the EMS Coordinator Capt. Burgan constantly met with these facilities to advise them as to when and when not to call, and providing them with education for lift assist. He added this has been ongoing. Councilman Radtke questioned whether he went to these facilities before submitting this proposed ordinance to the City Council to advise them they will be charging fees. He questioned whether any of the facilities pushed back or made comments. Chief Edmond clarified they are in that process but wanted to vet this ordinance, and they will then have discussions with these facilities. He emphasized that is why it is important to do the soft rollout. Councilman Radtke stated he is in favor of this but felt they can do more in the way of education right away to explain why they are doing this and see if they Regular City Council Meeting Tuesday, March 7, 2023 Page 10 have any suggestions or pushback. He added that he will be voting in favor of the motion. Councilwoman Koski commented that this ordinance is excellent. She cited an example of someone who was in the hospital with a broken hip, released to a rehab facility, and had to be taken by ambulance. They were given a list of ambulances to choose from, and the trip from Henry Ford Hospital to a facility in Fraser was $105. When the patient had to go from there to a doctor appointment on 30 Mile Road, it was $210 for the round trip. It was not covered by insurance, so the patient had to pay the fees. She felt the independent ambulance companies could be doing some of these non-urgent medical transports, and possibly this information should be shared with the specialized residential facilities. She stressed she supports this ordinance because it is needed and there are certain situations where 911 calls and firefighters need to be present to determine whether the patient is in need of emergency medical services. She expressed concern that they are taking their firefighters out of service for the non- urgent situations. Mayor Taylor stated he is in favor and will be voting in favor of the ordinance. He thanked Chief Edmond and Mr. DeNault for working on this and providing the information on it. Yes: All. The motion carried. 7. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda, with the exception of Item 7-N. 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, with the omission of Item 7-N: A. To approve the minutes of the Regular Meeting of February 21, 2023. B. To approve payment of the bills as presented: General Fund - $595,722.17, Water & Sewer Fund - $2,307,256.10, Other Funds - $6,114,736.19, Total Checks - $9,017,714.46. C. RESOLVED, to: 1. Approve the cost sharing agreement between the City of Sterling Heights and the Macomb County Department of Roads for preliminary engineering services to complete a corridor study of Metropolitan Parkway Mound Road to Van Dyke, subject to approval by the Macomb Regular City Council Meeting Tuesday, March 7, 2023 Page 11 County Department of Roads, and authorize the Mayor and City Clerk to execute he agreement on behalf of the City; and; 2. Authorize a budget amendment to use $112,984 of Major Road Fund Balance Reserves to fund the City’s cost share. D. RESOLVED, to: 1. Accept the proposal by Michigan Saves, Inc. to develop, implement, and administer a program to reduce energy burdens for lower-income homeowners and promote energy efficiency in Sterling Heights at a cost of $25,000, and authorize the City Manager to sign the approved Professional Services Contract on behalf of the City, and; 2. Authorize a budget amendment from American Rescue Plan Act funds of $1,000,000 for the total cost of the program. E. RESOLVED, to authorize the Community Relations Department to proceed with contracts for the 2023 Sterlingfest Art & Music Fair headliner performances on Friday, July 28, 2023, and Saturday, July 29, 2023, and authorize the City Manager to sign all documents required in conjunction with this action, subject to review and approval by the City Attorney. F. RESOLVED, to accept the proposal by Davey Tree Expert Company, 1500 N. Mantua Street, Kent, Ohio 44240, for athletic field and park area maintenance for a two-year period and authorize the City Manager to exercise the option of extending the terms and conditions of the proposal for one (1) additional year. G. RESOLVED, to award the bid for the purchase and planting of street trees to Crimboli Nursery, Inc., 50145 Ford Road, Canton, MI 48187, through December 31, 2024, at unit prices bid. H. RESOLVED, to award the bid for roadway enhanced landscape services, inclusive of miscellaneous labor and aeration services, to Unique Clips, LLC, 23075 27 Mile Road, Ray, MI 48096, for a one-year period at unit prices bid, with an option for the City Manager to extend the bid award term for two additional one (1) year periods, under the same terms and conditions upon mutual consent. I. 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 a one-year period at unit pricing bid. J. RESOLVED, to award the bid for mowing, fertilization and maintenance of City parks to Green Meadows Lawnscape, 2359 Avon Industrial Drive, Rochester Hills, MI 48309, at unit prices bid for a three-year period and authorize the City Manager to extend the bid term two (2) additional one (1) year periods, upon the same terms, conditions, and unit pricing bid. K. RESOLVED, to: 1. Award the bid for the 2023 Sidewalk Gap Completion Program, City Project #21-381, to L. Anthony Construction, 11085 Lisa Lane, Shelby Township, MI 48316, in the amount of $472,832.85 and authorize the Mayor and City Clerk to sign the contract on behalf of the City, and; 2. Adopt the resolution as required by §48-6(E) of the City Code for the 2023 Sidewalk Gap Completion Program for those properties included in the project area. L. RESOLVED, to award the bid for medical assessments of Fire Department personnel to Bio-Care, Inc., 1778 Holloway Drive, Suite A, Holt, MI 48842, at unit pricing bid. M. RESOLVED, to: 1. Award the bid for Plumbrook Road Improvements, Van Dyke to Utica Road, City Project #22-393, to Cadillac Asphalt, LLC, 51777 W. Twelve Mile, Wixom, MI 48393, in the amount of $4,842,080.43, and authorize he Mayor and City Clerk to sign the contract on behalf of the City; and 2. Authorize budget amendments in the amounts of $340,000 from Major Road fund reserves and $160,000 from American Rescue Plan Act fund reserves. Regular City Council Meeting Tuesday, March 7, 2023 Page 12 N. Moved to Consideration Item 8-B. O. RESOLVED, to set the public hearing on the application by the City of Sterling Heights for a Michigan Natural Resources Trust Fund grant for land acquisition adjacent to Rotary Park located at 37328 Utica Road and 37356 Utica Road, Sterling Heights, MI 48312 on Tuesday, March 21, 2023, at 7:00 p.m. Yes: All. The motion carried. 8. CONSIDERATION A. Mayor Taylor stated this is to consider approval of memorandums of understanding between the City of Sterling Heights and the MAPE Supervisory Employees and Sterling Heights Executive Group. He invited Mr. Vanderpool to give a presentation. Mr. Vanderpool explained the labor market is creating unprecedented challenges for both the public and private sector employers looking to recruit and retain outstanding talent, so employers must be committed to implementing innovative compensation, benefits packages, and unconventional work arrangements and environments to remain competitive. He noted that the City no longer offers fixed pensions for employees, but for police and fire, so they are in direct competition with the private sector. The City researched the benefits of creating an alternative work schedule that affords employees an additional day off during the traditional two-week ten-day work period. He outlined the benefits, including recruitment and retainment of employees, noting that job seekers expect flexibility in their work schedules. Employers unwilling to meet this expectation will continue to struggle in this labor market. Mr. Vanderpool noted that nearly every applicant under the age of thirty has demanded this flexible schedule, and the senior employees being offered a four-day work week may be the difference between their staying with the City or joining the Great Resignation. He confirmed the Great Resignation is real, and employees who were planning to leave in three or four years are retiring now, so if they do not offer options such as this, they will lose these employees. Mr. Vanderpool pointed out that the Sterling Heights Police Officers have a four-day work schedule where they work ten hours a day, and the Regular City Council Meeting Tuesday, March 7, 2023 Page 13 Firefighters have a twenty-four workday schedule. He noted that alternative work schedules have proven to increase productivity. Mr. Vanderpool explained the 9/80 work schedule, and the City has engaged with multiple bargaining units for potential amendments to their agreements to implement this flexible schedule. There are agreements for two groups before City Council this evening, and they anticipate having all groups on this schedule as their collective bargaining agreements expire. Individuals will be working approximately one hour longer every day for their nine-day work schedule, thereby working the normal eighty hours over the two week pay period, and then they will be off every other Friday. He assured that not all members of the two bargaining units will have the same Friday off, so they will be rotated. He emphasized the City will not be reducing their hours of operation, so this will be seamless to the general public. He pointed out they have added hours because they had once closed from 1 to 2 each day for lunch, but they are now open during that period. Mr. Vanderpool explained the 9/80 schedule will be implemented on a trial basis to ensure the City and bargaining units are realizing benefits. The City or the bargaining units can serve notice of intent to end the 9/80 work schedule at any time prior to termination date of the respective memorandums of understanding, which is June 30, 2025 for these two collective bargaining agreements. He stated the City is confident that the 9/80 work schedule will be very popular with the entire organization as they continue to strive for a better work/life balance. Mr. Vanderpool respectfully requested that Mayor and City Council approve the two memorandums of understanding presented to them this evening, and he is looking forward to more coming in the upcoming year. He offered to answer questions. Mayor Taylor thanked Mr. Vanderpool for the thorough explanation and the work that he and Administration have been doing. He opened the floor to the audience, but no one spoke. Regular City Council Meeting Tuesday, March 7, 2023 Page 14 Moved by Ziarko, seconded by Schmidt, RESOLVED, to approve the Memorandums of Understanding between the City of Sterling Heights and MAPE Supervisory Employees and Sterling Heights Executive Group to implement the 9/80 work schedule and authorize the Mayor and City Clerk to sign the memorandums on behalf of the City. Councilwoman Ziarko stated she is in favor of this. She recalled a banner that used to hang in the lobby stating that the City of Sterling Heights was one of the top 100 places to work in the country. She would like to see that banner put up again, and she commented this is a move in the right direction. She added that this concept is not new, and there are some communities that close their city offices every Friday. She felt that with the elimination of the remote work days, this is an incentive to make people who work here happy. She recently worked this week with the DPW employees, and she commented how happy they are. She did not know if it is because of their new building, but some commented that Sterling Heights has been very good to them and they love working here. She felt this is a start to instill this feeling throughout the organization, noting that work life balance is important to all employees. Mayor Taylor agreed this is a step in the right direction, noting it is a tough market for employers to find employees, and they need to get creative. He commended Administration for coming up with something that will not result in any reduction of service level but will be attractive to employees. Yes: All. The motion carried. B. Mayor Taylor stated this was formerly Consent Agenda Item 7-N to approve a revocable license, with indemnification, for the purpose of locating cameras on poles situated in public right-of-way under the jurisdiction of the Macomb County Department of Roads. He opened the floor for comments from the audience, but no one spoke. Moved by Ziarko, seconded by Sierawski, RESOLVED, to approve the revocable license to use road right-of-way and authorize the Mayor to sign it on behalf of the City of Sterling Heights. Councilman Radtke stated he pulled this item off the Consent Agenda because it is a license to put Flock cameras on various poles throughout the City. He Regular City Council Meeting Tuesday, March 7, 2023 Page 15 explained he is strongly against the Flock camera system, and he commented that Canton Township recently rejected the Flock camera system after their residents realized how invasive it was to their privacy. He considers it an invasion of privacy and will never vote for these cameras. He hopes the City will follow the example of Canton Township and reject it. Mayor Pro-Tem Sierawski questioned whether the Flock cameras are only used to survey the roads. Mr. Vanderpool replied the Flock cameras are only used for law enforcement purposes, noting they can read license plates and the police department can use it for outstanding warrants or any type of criminal activity that has just occurred. They can look for a license plate or car that matches that description. He added it is widely used throughout the world, especially in the United States, and it is very common in Michigan. He pointed out that the State Police use it, as well as many counties and cities across Michigan and in this area, and there have been countless examples of where criminal activity has been quickly abated and resolved through the use of these camera systems. He assured there are very rigid requirements, and they cannot be used for any other purpose. He explained that it is much like the LEIN (Law Enforcement Information Network) system, where if a police officer misuses or abuses the system, they would face severe disciplinary action. Mayor Pro-Tem Sierawski stated that considering the positive nature and the fact it is a technology tool that can be used in real time to quickly apprehend a suspect who may or may not have committed a crime, she is in favor of this. She understood it can be interpreted by some as a possible invasion of their privacy, but it is also a tool that can be used to help in an emergent situation. Councilwoman Ziarko questioned whether Sterling Heights is the first city in Macomb County that is voting on this. She questioned how many other cities are considering this and may connect to this system. Mr. Vanderpool replied the City of Sterling Heights is not the first, noting they have been using Warren’s Flock system on numerous occasions. He added there Regular City Council Meeting Tuesday, March 7, 2023 Page 16 is a mutual aid agreement with the Flock systems. There are other communities throughout Macomb County that have the Flock system, and the County is now requiring these agreements because a lot of these cameras are popping up in their rights-of-way. He commented that the individuals who may contend this is an invasion of their privacy are individuals who are conducting criminal activity because it is not used for any other purpose. Councilwoman Ziarko questioned how many cameras the City will have. Mr. Vanderpool replied there will be multiple cameras, but he would prefer to provide that information in their follow-up material after he confirms the exact number. He added that they do not want to identify locations. Yes: Koski, Schmidt, Sierawski, Taylor, Yanez, Ziarko No: Radtke The motion carried. 9. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for public comments. • Brandy Wright – could not understand why the City would turn down marijuana dispensaries; she addressed the reasons they gave and refuted those reasons; she hopes the Council will rethink their reasons. 10. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated he has nothing further to add this evening. Councilman Yanez stated he looked up Canton Township and Flock cameras, and a related newspaper article listed the City of Sterling Heights as a city that has Flock cameras. He noted they do not have them yet, but he is sure they are coming soon. He commented how happy he was to see this agenda, reflective of the work that this Council has done coming to fruition. He referred to the tax dollars received through ARPA (American Rescue Plan Act of 2021) that are to be spent to the benefit of all citizens, and he referred to the Michigan Saves program will be a huge benefit to people who need to have energy-efficient upgrades in their houses to help them save money and keep up the value of their home and their neighborhood. He referenced the awarding of the contract for the Plumbrook Road Improvements, which has not been repaired for twenty years, was approved this evening. They have set a public hearing for the Michigan Natural Resources Regular City Council Meeting Tuesday, March 7, 2023 Page 17 Trust Fund grant for land acquisition, potentially turning a small pocket park into a major attraction. They also awarded the bid for the Sidewalk Gap Completion Program, and all of these approvals were through a lot of discussions at many City Council meetings. He also thanked the taxpayers, noting these are all taxpayer dollars, but he applauded City Council for seeing the work they have done come to fruition for the betterment of the City, and he added he is proud to be a part of this Council. Councilman Radtke agreed with Councilman Yanez that there are a lot of great things on the Consent Agenda. He referred to the Sidewalk Gap Completion Program which has been held off since 2020. He is especially pleased to see the completion of the gap from the new Amazon Center on 14 Mile to Maple Lane Golf Course. He inquired as to whether Maple Lane will be participating in their portion. Mr. Vanderpool replied that Maple Lane has submitted their full engineering plans and are going through comprehensive review. They have indicated they plan to start construction this year, and the development includes installation of bike/hike trails and sidewalk along Maple Lane. They will also have some micro resurfacing of Maple Lane this year. Councilman Radtke noted it has taken a long time for the development of The Verandas to start, which was approved prior to his election to City Council. He is looking forward to the Sidewalk Gap Completion Plan, specifically being able to walk down 14 Mile on sidewalks. He hopes they consider making the bike lanes on Plumbrook Road separated from the roadway so bicyclists can feel safer. Councilman Radtke noted that inflation is up, and many of their contracts are expiring. He would like the Purchasing Department to alert City Council to not only the amount bid, but also what that contract was in the past. He wants to make sure they get the “biggest bang for the buck”, and the improvements approved this evening will lead them into the future, but they need to make sure they are being smart with their money. He expressed frustration that they may Regular City Council Meeting Tuesday, March 7, 2023 Page 18 not be getting the former Fillmore Elementary from Warren Consolidated Schools. He urged residents who feel the City should acquire the Fillmore Elementary property to reach out to the Warren Consolidated School Board. Councilwoman Schmidt congratulated the Police Department, especially the undercover narcotics division, who recently made two significant drug arrests in the last couple of weeks, successfully removing 18,000 Fentanyl pills off the street. Prior to that, a Detroit firefighter was selling narcotics to an undercover officer in the Police Department, and he is now off the street as well. She wished them continued success. Councilman Yanez commented that he is very excited about Sterlingfest this year. Councilwoman Ziarko would like to provide City Clerk Melanie Ryska with an opportunity to talk about Passport Week. City Clerk Melanie Ryska stated this week is Passport Walk-In Week. They are two days into the week, and they have already accepted 180 passport applications, which is great when considering they generally accept six to ten applications a day. They are open for the rest of the week, and are open tomorrow from 9 a.m. to noon and 2 p.m. to 7 p.m., Thursday and Friday from 9 a.m. to noon, and 2 p.m. to 5 p.m. They are also open on Saturday from 10 a.m. to 3 p.m. They have received a tremendous amount of positive feedback, and although most people are from Sterling Heights, they have had people from all over the tri-county area. It is a great service they provide to residents and visitors of their community. Mayor Pro-Tem Sierawski had two residents come up to her this week to tell her how much they love Sterling Heights, and she stressed how nice it is to hear those comments. She applauded the CommUNITY Alliance for their recent Disability Emersion event, commenting it was such a nice opportunity for people, especially children, to get some ideas of what people experience with disabilities. She added that experience builds empathy, and empathy builds kindness. She hopes to have a bigger group and more promotion of the event for next year. She wished everyone a Happy St. Patrick’s Day. Regular City Council Meeting Tuesday, March 7, 2023 Page 19 Councilwoman Koski questioned when they conduct the road study, will they be considering installation of bike paths as well. Mr. Vanderpool replied the Non-motorized Transportation plan, which is already developed, outlines their network of where the trails are and where they would like to see bike lanes. He cited North Van Dyke as one example. He indicated that is a good idea and may be a nice supplement to their plan. If it involves some traffic calming or redesigning of roads, it should be considered in that study. 10. UNFINISHED BUSINESS There was no unfinished business. 11. NEW BUSINESS There was no new business. 12. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated there are no items for Closed Session this evening. 13. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. The motion carried and the meeting was adjourned at 8:17 p.m. MELANIE D. RYSKA, City Clerk