City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL WEDNESDAY July 5, 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, Maria G. Schmidt, Liz Sierawski, Michael C. Taylor, Henry Yanez, Barbara A. Ziarko. Absent: Michael V. Radtke, Jr. Also Present: Mark Vanderpool, City Manager; Marc D. Kaszubski, City Attorney; Melanie D. Ryska, City Clerk; Andrea L. Bara, Recording Secretary. 4. APPROVAL OF AGENDA Moved by Koski, seconded by Schmidt, RESOLVED, to approve the agenda as presented. Yes: All. The motion carried (6/0). 5. REPORT FROM CITY MANAGER Mr. Vanderpool reminded everyone that the City will be hosting the second rain barrel event on Saturday July 8, 2023. The city will be distributing 450 rain barrels to residents that have reserved the barrels. Recipients have received an email with their pick-up time. There will be one more rain barrel event taking place in mid- August, information is available on the city website www.sterling-heights.net. Once this program is complete, the City will have distributed over 1,000 free rain barrels to its residents, which is very impressive. This program is aligned with Sterling Heights sustainability plan. Mr. Vanderpool stated that he hopes to have additional grant money to allocate to the rain barrel program, which has been so successful. He appreciates the interest from the community. Mr. Vanderpool informed everyone that Sterling Heights has embarked on a journey to create a Vision 2040 plan. He said the plan is a bold audacious vision for the future of Sterling Heights. Administration would like input from everyone regarding the City’s future. He invited everyone to an open community forum on Visioning 2040 on July 17 from 6:30 PM - 8:00 PM in the Sterling Heights Regular City Council Meeting Wednesday July 5, 2023 Page 2 Community Center. For those who cannot attend the Visioning 2040 Community Forum, the City will have further opportunity for engagement. 6. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. He opened the floor for public comments, but no one spoke. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of June 20, 2023. B. To approve payment of the bills as presented: General Fund - $937,340.13, Water & Sewer Fund - $190,861.85, Other Funds - $1,247,798.02, Total Checks - $2,376,000.00. C. RESOLVED, to award the bid for asphalt and road maintenance materials to Ajax Paving Industries, Inc., 1957 Crooks Road, Suite A, Troy MI 48084, based upon the following unit pricing: Section A – UPM Cold Patch – DPW to pick up $125.00 per ton Section A – UPM Cold Patch – Delivered $135.00 per ton Section B - 1100 Leveling (20AA) – DPW to pick up $80.50 per ton Section B - 1100 Topping/Wearing (20AA) – DPW to pick up $81.50 per ton and authorize the City Manager to extend the bid term three additional six-month periods on the same terms and conditions, upon mutual consent. D. RESOLVED, to award the bid for Camel Drive Rear Yard Drainage Improvements to JSS Macomb, LLC, 11858 Forest Gless Lane, Shelby Twp, MI 48315, at a total project cost of $99,513.61. E. RESOLVED, to award the bid for pavement striping to P.K. Contracting, Inc., 1965 Barrett Dr., Troy, MI 48084, for a three-year period, at unit prices bid. F. RESOLVED, to approve the service contract between the city of Sterling Heights and Election Systems & Software, LLC, 11208 John Galt Boulevard, Omaha, NE 68137, for the maintenance and software licensing of precinct tabulators, AV high speed tabulators, and ADA voting terminals at pricing available through state of Michigan MiDeal cooperative purchasing contract #071B7700120 for the period May 1, 2023 through April 30, 2028. G. RESOLVED, to approve the Legal Services Agreement between the city of Sterling Heights and Keller Thoma, P.C. for the period of July 1, 2023 through June 30, 2025, with an option for the City Manager to extend the term one additional year upon mutual consent, and authorize the Mayor and City Clerk to sign the Agreement on behalf of the City. H. RESOLVED, to approve the First Amendment to Professional Services Contract between the city of Sterling Heights and Michelle Lundquist PLC for managed assigned counsel coordinator (MACC) services for the 41-A District Court and authorize the City Manager to sign it on behalf of the City. I. RESOLVED, to approve the licensing agreement between the city of Sterling Heights and ArbiterSports, LLC, 9815 S. Monroe Street, Suite 204, Sandy, UT 84070, through December 31, 2024 and authorize the City Manager to sign all required documentation on behalf of the City. J. RESOLVED, to approve the vehicle lease agreement between the city of Sterling Heights and Michigan Tournament Fleet, Inc., 1947 Haggerty Rd., Commerce Charter Township, MI 48390, for the golf cart rentals during the 2023 Sterlingfest Art & Music Fair and authorize the City Manager to sign the Agreement on behalf of the City. Regular City Council Meeting Wednesday July 5, 2023 Page 3 K. RESOLVED, to purchase digital imaging services from Graphic Services, Inc., 1551 East Lincoln Avenue, Madison Heights, MI 48073, at unit pricing available through the State of Michigan's MiDeal cooperative purchasing contract, #180000000749, through May 30, 2025. L. RESOLVED, to approve payment of video arraignment services performed by the Macomb County Sheriff's Office at a fee of $10 per defendant for the period July 1, 2022 through June 30, 2025. M. RESOLVED, to 1. Receive the report of the Purchasing Manager pursuant to City Code Section 2-221(B) regarding the emergency purchase of contracted services in connection with the waterproofing of the City Hall elevator shaft by Ram Construction Services, 13800 Eckles Rd., Livonia, MI 48150 in the amount of $13,721: and, 2. Authorize a budget amendment from Capital Fund reserves in the amount of $13,721. N. RESOLVED, to: 1. Accept the proposal by Josh's Rain Barrel Company, LLC, d/b/a MiRainBarrel, 25911 Northline Commerce Drive, Suite 303, Taylor, MI 48180, for the administration of a second phase of a rain barrel program for residents and authorize the City Manager to sign the proposal on behalf of the City; and, 2. Authorize a budget amendment in the amount of $100,000 from American Rescue Plan Act Fund reserves. O. RESOLVED, to accept the proposals by Warren Contractors & Development, Inc., 14979 Technology Dr, Shelby Township, MI 48315, for general construction services in connection with installation of a concrete cricket pitch at Joseph J. Delia, Jr. Major Park and drainage improvements along the public sidewalk adjacent to the Community Center at a cumulative cost of $49,311.66 and authorize the City Manager to sign all required documentation on behalf of the City. P. RESOLVED, to: 1.Purchase twelve SportsCluster LED pole-mounted lighting fixtures, controls, and accessories from Musco Sports Lighting, LLC, 2107 Stewart Road, Muscatine, Iowa, 52761, at discounted pricing available through Sourcewell Cooperative purchasing contract #071619-MSL, at a cost of $22,700; and, 2.Purchase electrical installation services from LaBelle Electrical Contractors, LLC, 241 Church Street, Mount Clemens, MI 48043, at a cost of $5,950. Q. RESOLVED, to purchase the 2023 Elgin Whirlwind vacuum street sweeper from Bell Equipment Company, 78 Northpointe Drive, Lake Orion, MI 48359, at pricing available through Sourcewell cooperative purchasing contract number 093021-ELG at a net cost of $346,906.40. R. RESOLVED, to adopt the resolution designating the month of July annually as “Parks and Recreation Month” in the city of Sterling Heights. S. RESOLVED, to adopt the resolution authorizing Official Statement and Continuing Disclosure Undertakings by the Finance and Budget Director for the issuance Oakland-Macomb Interceptor Drain Drainage District Limited Tax General Obligation Bonds, Series 2020B. T. RESOLVED, to set a public hearing on Tuesday, August 1, 2023 at 7:00 p.m. regarding the application by Bassam Murad for a multiple- family residential Planned Unit Development on 1.53 acres of land situated on east side of Mound Road, south of Burroughs Avenue; PPUD23-0002. Regular City Council Meeting Wednesday July 5, 2023 Page 4 U. RESOLVED, to acknowledge and accept donations of $10,000 each by AT&T and Stellantis and $15,000 from Christian Financial Credit Union for the 2023 Sterlingfest Art and Music Fair. Yes: All. The motion carried (6/0). 7. CONSIDERATION A. Mayor Taylor stated this is to consider a request by Lucianas Legacy for recognition as a local nonprofit organization for the purpose of obtaining a State of Michigan charitable gaming license. Mayor Taylor opened the floor for public comments. • Mr. Corey Purtill – explained that he is the President of Lucianas Legacy, a nonprofit which was created after his granddaughter passed away. They assist families with special needs and recently donated an Aquatic Chair to the Splash Pad. The organization would like to hold a raffle at Rambler Golf Course to raise money to benefit more children. Moved by Sierawski, Seconded by Schmidt, RESOLVED, that the request from Lucianas Legacy of Sterling Heights, County of Macomb, asking that they be recognized as a local nonprofit organization for the purpose of obtaining a State of Michigan charitable gaming license be considered for approval; provided, however, that this action is not an endorsement of the organization and the city of Sterling Heights should not be listed on any promotional materials associated with their charitable gaming activities. Mayor Pro Tem Sierawski commented on how much the City appreciates the donated Aquatic Bike. Great use for needy children. She also expressed her condolences for losing a child. Yes: All. The motion carried (6/0). B. Mayor Taylor stated this was to consider approval of a memorandum of understanding between the city of Sterling Heights and the Michigan Association of Public Employees Supervisory Employees Union. He invited Mr. Vanderpool to give a presentation. Mr. Vanderpool stated that periodic changes need to be made in employment agreements. He discussed the City Planner/City Development Manager duties, Assistant City Planner position, Facilities Maintenance Manager, and the new DEI Officer position. Mr. Vanderpool also discussed the new wage step to address pay equity issues for the Building Official, Human Resources Manager and Purchasing Regular City Council Meeting Wednesday July 5, 2023 Page 5 Manager. He respectfully requested the Mayor and City Council approve the MOU’s. Mayor Taylor opened the floor for public comment, but no one spoke. Moved by Ziarko, Seconded by Sierawski, RESOLVED, to approve the memorandum of understanding between the city of Sterling Heights and MAPE Supervisory Employees Union and authorize the Mayor and City Clerk to sign the memorandum on behalf of the City. Councilwoman Ziarko stated that Mr. Vanderpool explained everything very well and these items were discussed at the Budget meeting. Sterling Heights needs to make changes to retain talent. She is in agreement that the new DEI Officer is a step in the right direction for the city and appreciates everyone’s hard work on the MOU’s. Council woman Koski agreed with everything proposed except for the DEI Officer. She would like more attention directed to the Social Worker and those type of positions. She cannot support the DEI position as written at this time. Councilman Yanez stated that the MOU was good during the Budget hearings, but the DEI Officer should not be under Supervisory, instead under HR. There has been a lot of money spent training the staff for diversity, equity and inclusion, which he supports. Councilman Yanez thinks the Social Worker should be an Executive position, considering the amount of work that is required. He will not support the current MOU as presented. Councilwoman Schmidt commented regarding the DEI Officer position in the Supervisory group versus the Executive group, and agreed that every city needs a DEI position. She is also onboard with the MOU’s that have been presented. Mayor Pro-Tem Sierawski does not want the DEI Officer to be a Director position, but agrees that the City needs to move forward with the MOU’s especially in light of things going on in the country. Sterling Heights needs someone to start sooner than later, and address issues quickly as they arise, and she is happy to vote yes on the MOU’s presented. Regular City Council Meeting Wednesday July 5, 2023 Page 6 Councilwoman Ziarko discussed DEI at the MML Conference and which area of the organization this position should be in. She confirmed that there will be a second full time Social Worker that was approved in the fy 23/24 budget. Councilman Yanez discussed having a DEI position. He questioned measuring success, and what the city is expecting to accomplish with this new position, what Sterling Heights is paying money for. He also stated he did not think the DEI Officer should be a Director position. Mayor Taylor commented that this is not a Director’s position. Council is voting on what is in front of them, not what could happen years and years in the future. He explained that there are several positions in the City that have managerial roles, but are not Directors. Mayor Taylor stated there are a lot of functions that a City provides and discussed the value that the public gets from the Library, Sterlingfest, Patio’s & Pints, Farmer’s Market. Sterling Heights is one of the most diverse cities in the State of Michigan, and needs to fill this very important position. Mayor Taylor wants the DEI Officer to help the City run a better organization while providing services for the public and employees. He will be voting in favor of the position. Roll Call Vote: Yes: Schmidt, Sierawski, Taylor, Ziarko No: Koski, Yanez Absent: Radtke The motion carried (4/2). C. Mayor Taylor stated this was to consider approval of a collective bargaining agreement and memorandum of understanding between the city of Sterling Heights and the Michigan Association of Public Employees (MAPE) Professional and Technical Employees Union for the period of July 1, 2023 to June 30, 2026. He invited Mr. Vanderpool to give a presentation. Mr. Vanderpool discussed the CBA for the Michigan Association of Pubic Employees - Professional and Technical Employees Union for the period of July 1, 2023 to June 30, 2026, highlighting several new positions (IT Coordinator, Purchasing Coordinator and GIS Specialist). Updates that have been consistent Regular City Council Meeting Wednesday July 5, 2023 Page 7 with other CBA’s include an increased annual defined contribution pension rate to seven percent of base wages and a flexible 9/75 – 9/80 schedule. He respectfully requested the Mayor and City Council approve the CBA. Mayor Taylor opened the floor for public comment, but no one spoke. Moved by Schmidt, Seconded by Ziarko, RESOLVED, to approve the collective bargaining agreement and memorandum of understanding between the City of Sterling Heights and Michigan Association of Pubic Employees - Professional and Technical Employees Union for the period of July 1, 2023 to June 30, 2026 and authorize the Mayor and City Clerk to sign all documents required in conjunction with this approval. Councilwoman Schmidt stated that she is very comfortable with this CBA as presented. Yes: All. The motion carried (6/0). D. Mayor Taylor stated this was to consider appointments to the City of Sterling Heights Boards and Commissions. Appointment to Planning Commission Mayor Taylor requested that Council make the appointment of Nicole McGill. Moved by Yanez, Seconded by Ziarko, RESOLVED, to appoint Nicole McGill to the Planning Commission to a term ending June 30, 2026, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Mayor Taylor stated that he spoke with Ms. McGill and she is excited to serve on the Planning Commission, and she will be a great fit. Yes: All. The motion carried (6/0). Appointments to Elected Officials’ Compensation Commission Mayor Taylor stated this is a mayoral appointment, and he requested that someone make a motion to appoint Paul Slifco to the Elected Officials’ Compensation Commission. Moved by Sierawski, Seconded by Schmidt, RESOLVED, to appoint Paul Slifco to the Elected Officials’ Compensation Commission to a term ending June 30, 2029, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Mayor Pro-Tem stated that Paul will be a great fit for the Commission. Yes: All. The motion carried (6/0). Regular City Council Meeting Wednesday July 5, 2023 Page 8 Mayor Taylor stated this is a mayoral appointment, and he requested that someone make a motion to appoint Saif Yousif to the Elected Officials’ Compensation Commission. Moved by Sierawski, Seconded by Taylor, RESOLVED, to appoint Saif Yousif to the Elected Officials’ Compensation Commission to a term ending June 30, 2028, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried (6/0). Mayor Taylor advised there are two open seats and requested it be adjourned until the second meeting in August. Moved by Sierawski, Seconded by Taylor, RESOLVED, to postpone the 2027 and 2025 appointments to the Elected Officials’ Compensation Commission to the August 15, 2023 regular City Council meeting. Yes: All. The motion carried (6/0). 8. COMMUNICATIONS FROM CITIZENS • Dr. Sienna Giwech spoke about Genocide Remembrance Day on July 11th. The Bosnia Center in Sterling Heights. • Man spoke of his gratitude for Sterling Heights support of the Bosnian Community. • James Fantozzi spoke about a letter from the City regarding fence replacement in his backyard on Carpathia. 9. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated he will provide an update to the resident and Council regarding the fence replacement. Councilwoman Schmidt discussed issues with people and animals being upset with fireworks, and the large amount of emails and calls she has received. She asked if there was anything the City Council can do to further regulate fireworks in the City. Mr. Kaszubski replied that the State of Michigan provides the guidelines which the City must follow in regards to days and times that fireworks can be lit. The City currently has a ban on commercial grade fireworks on any other days not approved by the State. Councilwoman Schmidt suggested that residents who have incurred damage due to fireworks contact State legislatures, including Mr. Shannon, Ms. Mentzer, Ms. Chang, Mr. Bueno, Governor Whitmer, Mr. Webber, Mr. Coon and supply them with pictures. Councilwoman Schmidt will be sending her own pictures. Regular City Council Meeting Wednesday July 5, 2023 Page 9 Mayor Taylor offered to pass any pictures on to the representatives on behalf of residents. He informed everyone until the State law changes and they give local government more control over the situation, this issue will not change. Councilwoman Ziarko discussed her concern for Veterans with PTSD and stated that the City needs more local control over the regulation and enforcement of fireworks. Every City and Township is affected differently, and should be able to do what is best for their residents and community. Mayor Taylor discussed commercial grade fireworks being sold and shot off by amateurs all hours of the night. Councilwoman Koski supports the idea of residents contacting the representatives. Councilman Yanez informed everyone that he voted against the fireworks change when he was serving in the State Legislature. He has been meeting with representatives to discuss the fireworks issues. Councilman Yanez requested that administration provide Council with overtime reports from Police and Fire, to see what the cost is to the City. Mayor Taylor appreciates the fireworks and celebrating Independence Day. He commented on the time frame, with the fireworks going off until well past midnight. 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. Yes: All. The motion carried, and the meeting adjourned at 8:08 p.m. MELANIE D. RYSKA, City Clerk