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City Council

Regular Meeting

Sterling Heights, MI · September 5, 2023

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Minutes

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, SEPTEMBER 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, Michael V. Radtke, Jr., Maria G. Schmidt, Michael C. Taylor, Henry Yanez, Barbara A. Ziarko Absent: Liz Sierawski 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 presented. Yes: All. The motion carried (6/0). Mayor Taylor stated Mayor Pro-Tem Sierawski is not present this evening and sent her regrets. He added that she will be watching the meeting and will be back for the next City Council meeting. 5. REPORT FROM CITY MANAGER Mr. Vanderpool reminded that refuse collection is delayed one day this week due to the Labor Day holiday, with Friday’s collection being picked up on Saturday. Mr. Vanderpool stated they have a very exciting presentation this evening to highlight a showcase model program in Sterling Heights that has been implemented with the help of a lot of influential individuals who are here this evening. He invited Police Chief Dale Dwojakowski to start the presentation. Police Chief Dale Dwojakowski stated he is proud to talk about a new program called “Redirect”, which started almost a year ago. He introduced the Executive Director of FAN, Judge Linda Davis; Macomb County Prosecutor Pete Lucido; and Sterling Heights Police Lieutenant Mario Bastianelli, who runs the new Redirect Program. He explained this is a diversion program because law enforcement started seeing problems where individuals would be arrested for possession of narcotics, drug paraphernalia, or possibly for Regular City Council Meeting Tuesday, September 5, 2023 Page 2 retail fraud such as shoplifting. They would be arrested, go to the County jail, and would often get released on personal bond or no bond, adding that there were times when the prisoner would be released before the police report was completed. They talked about whether this is the best use of resources, because if the person has a substance use disorder, that person needs treatment other than being sent to the County jail for a day. In Redirect cases, when the responding officer believes the individual has a substance use disorder issue, that person is then referred to the Redirect program by being given a card and told they have to call that number and make contact within one week. They have to work within the program guidelines, which require that they not reoffend, they must stay sober, they must attend the monthly meetings, and if they successfully do what they say they will do, it is a win for society, Sterling Heights, the Prosecutor’s Office, Families Against Narcotics (FAN), and the individual. They are no longer committing crimes, and the charge will be dismissed by the Prosecutor’s Office. It is a teamwork approach. Chief Dwojakowski provided an update on Redirect, which started in October 2022, and he informed that thirty-seven people entered the Redirect program since that time, with twenty-six of those people, or seventy percent, still in the program, with the goal to get them into recovery. He informed that since they started this program, the Macomb County Sheriff’s Department, Clinton Township, and Centerline are all working on their own Redirect programs. He explained the precursor to Redirect, the QRT (Quick Response Team) Program, started in February 2020, and that program involved making house calls a few days after an individual overdoses, where a police officer, a family recovery coach, and a peer recovery coach show up at that person’s house to get them help, treatment, and support. That program has been very successful, and he added that 1,200 homes have been visited in Sterling Heights since that program’s inception. The number of overdoses in Sterling Heights has decreased by thirty percent, and the program has been extended Regular City Council Meeting Tuesday, September 5, 2023 Page 3 to twenty-three other agencies throughout the State of Michigan. In the entire state, over 5,500 homes have been visited to get people the help, treatment, and support. Prosecutor Pete Lucido has found through his various work over the years that a lot of money is spent incarcerating people without results. He stated it is a blessing to have Judge Linda Davis, whom he referred to as the “Godmother of the Streets” to help everyone out. They would rather get someone the help they need rather than incarcerate them. Finding people who are peer coaches to provide support is much better than jailing a problem with drugs. He highly commended Police Chief Dwojakowski because not many want to step up and be the first, but this has been a success and he is proud that Judge Linda Davis and Chief Dwojakowski took the steps to get the grant funding and take the initiative to help those who may not be able to help themselves. Judge Linda Davis stressed how important it is to have trusted partners, and when they start a new program, they always know that Sterling Heights is progressive and wants to do the right thing. She thanked Chief Dwojakowski, Lieutenant Bastianelli, and Prosecutor Lucido for being so willing to try something new and step outside the box, adding it is partnerships like this that make the program work. She pointed out that police officers, prosecutors, and judges have been asked to be uneducated social workers, making decisions about people’s lives without understanding the disease they were dealing with. They have provided a system of care for individuals with substance abuse problems that are “one and done” programs that set them up for failure. She clarified it is not the individuals who fail, but it is the system of care that fails. It has been shown that if a continuum of care is provided, along with a gamut of services to address their special needs, which could include housing, food, and security, etc., and longer treatment, the chances of success are much greater. She noted Redirect is a program for eligible individuals for up to eighteen months, and they start seeing positive results. Regular City Council Meeting Tuesday, September 5, 2023 Page 4 It takes a lot to change the stigma of addiction, and she understands that firsthand when she was faced with a family member who suffered from addiction. She emphasized they need to make people realize these are good people with a very serious health problem, and only then can they deal with this problem at the heart of it, which is providing treatment rather than incarceration. She hoped this program can be expanded even further so they can continue to do great things in Sterling Heights. Chief Dwojakowski explained that all of their officers went through stigma training, noting years ago drug users were looked at as “hooked on drugs” and “junkies”, but now they are training young officers to understand these individuals have a disease, and they need to work to get them off of the drugs. He introduced Amber and Crystal, their first two success stories through Redirect. They both were given the chance to have criminal charges dismissed by getting help, treatment, and support for substance abuse disorder issues, and they have graduated, with their charges being successfully dismissed. He invited them to speak of their experiences. Amber provided information on her background, noting on November 3, 2022, she had an interaction with the Sterling Heights Police Department for possession of a controlled substance. She was referred to the Redirect program, and she was admitted to that program on November 22, 2022. At that time, she was squatting in an apartment in Inkster, with no heat or electricity. She was admitted and entered inpatient treatment for twenty-eight days, which she completed on March 6. She lived in transitional housing for two weeks, then moved in with her mother. She has been sober since January 24, 2023, and works full-time as a supervisor for an air duct cleaning business. She got her license reinstated, completed the Redirect Program on July 28, 2023, she attends meetings and does service work, adding that she has a sponsor. She works with her peer recovery coach from FAN, and she reconnected with her family, which was very important to her. She thanked Sterling Heights Police, FAN, and the Redirect Program. Regular City Council Meeting Tuesday, September 5, 2023 Page 5 Crystal was referred to the Redirect Program in November 2022 after an interaction with the Sterling Heights Police. She was able to get into Turning Point, and in January she got the opportunity to go to Live Right. She got a job at Metro By T-Mobile, was promoted to Assistant Store Manager, and completed her GED, her CPRC, and is a case manager for Motor City Mitten Mission. She has been able to reach goals she was unable to attain before because of homelessness and addiction. She is now able to spend time with her friends, family, and her son, and she will be getting her driver’s license back next month. She extended her thanks to FAN and the Sterling Heights Police Department. Chief Dwojakowski presented Amber and Crystal each with a token Sterling Heights police badge and challenge coin. He urged them to hang these in their homes and remember the good interaction they had. He wished them well. Prosecutor Lucido stated these are called challenge coins for a reason, and both Amber and Crystal have overcome their challenges. He stressed the community should look at them as leaders because their examples set for others is that they always have a chance. He presented them each with a challenge coin from the Prosecutor’s Office, noting that they do not have to prosecute them since they have taken these steps to turn their lives around, and they can have a life full of happiness and love. Following a group photo, Mayor Taylor opened the floor for comments or questions from the Council members. Councilwoman Ziarko stated that, in working with Judge Davis over the years with all of the programs she has initiated, she is glad Chief Dwojakowski is willing to try them. She emphasized that life is full of second chances, and that is what is being done through this program by someone reaching out a helping hand. She wished Amber and Crystal good luck in the future and is grateful they have achieved the successes for which they were striving. She understood that the thirty-seven individuals in the program are not all Sterling Regular City Council Meeting Tuesday, September 5, 2023 Page 6 Heights residents but are people who interacted with the Sterling Heights Police Department. She hopes other cities will continue to do the same thing and honor these people for the time they have put into this rehabilitation, knowing they appreciate this second chance. Councilman Radtke commended Amber and Crystal for the tremendous effort they have put into this, and he hopes they will continue it. He commended the innovative work the Sterling Heights Police Department is doing, noting this is an effort to help people instead of putting them in jail, and he thanked them for it, urging them to continue it. Councilwoman Schmidt commended Judge Davis for being the most tireless person she has ever met, noting she has been working on this cause for many years. She thanked Amber and Crystal for sharing their stories, acknowledging their great courage to take these steps forward. She felt Chief Dwojakowski needs to be commended because, regardless of where these individuals are from, it shows that Sterling Heights cares about them. Councilwoman Koski congratulated Chief Dwojakowski, Prosecutor Lucido and Judge Davis for doing a fantastic job on this program. She shows the young people like Amber and Crystal what a difference it has made in their lives, and she is confident the numbers will increase beyond the thirty-seven individuals they currently have because it has been less than a year since the program started. She thanked them for providing the answer they had been looking for and urged them to keep up the good work. Councilman Yanez thanked Judge Davis for all of the work she has done, acknowledging her working tirelessly with Families Against Narcotics (FAN). He congratulated Chief Dwojakowski and his team, as well as Prosecutor Lucido, for this program. He also thanked Amber and Crystal for stepping forward this evening to tell their stories. He appreciated Chief Dwojakowski using the words “substance abuse disorder” rather than “drug addiction” because it is a disease. He stressed it takes forward-thinking leaders to come up with a program like this that actually helps people. He thanked them for Regular City Council Meeting Tuesday, September 5, 2023 Page 7 their efforts, and he thanked the participants in the group for getting back to their families and making themselves role models for others. Mayor Taylor congratulated the two women who spoke this evening, acknowledging that it is a difficult thing to talk about their interaction with the police and their traumatic experience, but he stressed he is proud of them for coming here tonight to share that experience to help others going through the same struggle. Judge Davis acknowledged the mom of one of the women here tonight, adding it is very emotional for her as well. She noted they often forget the effects this has on the families, and she emphasized they have an array of opportunities for family members to get the help they need as well. She thanked the mom for being here tonight to support her daughter. Mayor Taylor noted they have police officers, a former judge, a prosecutor, all who would be expected to be tough on crime, with an arrest, a prosecution, and jail time; however, that does not always work. It is not expected that this group would create a program like this, but it speaks volumes about their character and willingness to try something different to help others. A lot of other cities sat back and waited to see how it would work in Sterling Heights, and he stressed Sterling Heights did the right thing and set the example. He also gave a lot of credit to Lieutenant Bastianelli for this program. He is proud of his colleagues on City Council and City Administration that they are willing to take risks and try things to improve the lives of the people they serve. Mr. Vanderpool stated this concludes his report. 6. ORDINANCE ADOPTIONS A. Mayor Taylor stated this to consider adoption of ordinances amending the City Code of Ordinances and Zoning Ordinance No. 278 to update standards for installation of driveways and establish standards for coverage of single-family residential front yards with impervious material, respectively. Mayor Taylor opened the floor for comments from the general public, but no one spoke. Regular City Council Meeting Tuesday, September 5, 2023 Page 8 Moved by Radtke, seconded by Yanez, RESOLVED, to adopt the ordinance amending Article V of Chapter 48 of the City Code of Ordinances to regulate the use of paving materials for driveways, extension strips, service walks, and approaches on single-family residential lots. Councilman Radtke stated this is a very good compromise. He would like to see the trees added back in, but he is comfortable moving forward with this today. Yes: All. The motion carried (6/0). Moved by Radtke, seconded by Yanez, RESOLVED, to adopt the ordinance amending Section 31.01 of Article 31 and Section 3.04 of Article 3 of Zoning Ordinance 278 to regulate single-family residential lot front-yard coverage with impervious materials. Yes: All. The motion carried (6/0). B. Mayor Taylor stated this is to consider adoption of a map amendment to Zoning Ordinance No. 278 to conventionally rezone property situated on the south side of 18-1/2 Mile Road, east of Mound Road, from M-1 (Light Industrial District) to M-2 (Heavy Industrial District); Case PZ23-0004, 23- 0005, 23-0006. Mayor Taylor opened the floor for comments from the general audience, but no one spoke. Moved by Ziarko, seconded by Schmidt, RESOLVED, to adopt the map amendment to Zoning Ordinance No. 278 to conventionally rezone the property situated on the south side of 18-1/2 Mile Road, east of Mound Road, from M-1 (Light Industrial District) to M-2 (Heavy Industrial District); Case PZ23-0004, 23-0005, 23-0006. Councilwoman Ziarko stated this was discussed at length at the last meeting and nothing has changed, so she would like to move forward on it. Yes: All. The motion carried (6/0). 7. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. He opened the floor for public comments, but no one spoke. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of August 15, 2023. B. To approve payment of the bills as presented: General Fund - $1,113,470.76, Water & Sewer Fund - $1,870,671.39, Other Funds - $2,228,805.20, Total Checks - $5,212,947.35. C. RESOLVED, to award the bid for the purchase of Trijicon RMR red- dot handgun sights to Vance Outdoors, Inc., 3723 Cleveland Ave., Regular City Council Meeting Tuesday, September 5, 2023 Page 9 Columbus, OH, 43224, at the unit price bid through December 31, 2023. D. RESOLVED, to award the bid for two (2) Point Blank Phalanx III ballistic shields to CMP Distributors, Inc., 16753 Industrial Parkway, Lansing, MI, 48875, at the unit price bid. E. RESOLVED, to award the bid for the Gen3 night vision goggle system, including a mount and four helmets, to Jonah’s Enterprises, Inc., 652 Lefferts Ave., Brooklyn, NY 11203, at a total cost of $11,801.54. F. RESOLVED, to: 1. Award the bid and purchase water service parts and soft copper tube from Etna Supply, 29949 Beck Road, Wixom, MI 48393 at prices bid for a six-month period with the option to extend an additional six months upon mutual consent; and 2. Reject the bid from Ferguson Waterworks, 24425 Schoenherr Rd, Warren, MI 48089 for the 16” LCP transition adapter. G. RESOLVED, to approve the Independent Contractor Services Agreement between the city of Sterling Heights and Alpha Psychological Services, P.C. and authorize the City Manager to sign the agreement on behalf of the City. H. RESOLVED, to approve the Grant Agreement, inclusive of Indemnification, between the city of Sterling Heights and Michigan Strategic Fund, 300 North Washington Square, Lansing, Michigan 48913, and authorize the City Manager to sign the Agreement on behalf of the City. I. RESOLVED, to approve the application by Admiral Metals, LLC for renewal of a junkyard license at 41200 Mound Road, Sterling Heights, MI 48314. J. RESOLVED, to: 1. Approve Change Order Nos. 1 and 2 to add English Drive and Cardoni Drive to the project scope of the 2023 Concrete Sectional Replacement Program, City Project #23-406, at a cumulative cost of $241,823; and 2. Authorize the City Manager to sign Change Order Nos. 1 and 2 on behalf of the City; and 3. Approve a budget amendment to use Local Road Fund balance in the amount of $280,515. K. RESOLVED, to approve the settlement agreement and release in resolution of Davis vs. City of Sterling Heights, et al; United States District Court for the Eastern District of Michigan; Case No. 2:20-cv- 11499; and authorize the City Manager to sign all documents required in conjunction with this approval. L. RESOLVED, to purchase Neptune water meters, registers, and meter interface units from Ferguson Enterprises, LLC, d/b/a Ferguson Waterworks, 24425 Schoenherr Road, Warren, MI 48089, at discounted unit pricing quoted through December 31, 2024. M. RESOLVED, to: 1. Purchase five (5) Signature Series Dual Adjustable Pulley machines, including accessories, freight, and installation, from All Pro Fitness Things, 35539 Schoolcraft Road, Livonia, MI 48150, at discounted pricing available through Sourcewell cooperative purchasing contract #081120 LFF at a cumulative cost of $39,570; and, 2. Approve a budget amendment to use Capital Projects Fund Balance in the amount of $39,570. N. RESOLVED, to suspend Governing Body Rule of Procedure No. 2 and hold the second regular meeting of the Sterling Heights City Council in October, 2023 on Monday, October 16, 2023 at 7:00 p.m. and direct the City Clerk to provide the appropriate notice as required by Michigan’s Open Meetings Act. Regular City Council Meeting Tuesday, September 5, 2023 Page 10 O. RESOLVED, to designate Mark D. Vanderpool as the voting delegate for the city of Sterling Heights at the Annual Convention of the Michigan Municipal League to be held October 18-20, 2023. Yes: All. The motion carried (6/0). 8. CONSIDERATION A. Mayor Taylor stated this is to consider a request to transfer ownership of a 2023 Class C liquor license, with Sunday Sales Permit (PM), 2 Bars, and new Sunday Sales Permit (AM) from C.T.S. Enterprises, Inc. to Sterling Restaurant Mgt., Inc. Mayor Taylor opened the floor for public comments. Omar Amore, applicant, stated he is here to answer questions. Moved by Ziarko, seconded by Yanez, RESOLVED, that the request to transfer ownership of the 2023 Class C liquor license, with Sunday Sales Permit (PM), 2 Bars, and new Sunday Sales Permit (AM) from C.T.S. Enterprises, Inc. to Sterling Restaurant Mgt, Inc. be considered for approval. Councilwoman Ziarko understands the applicant is buying the assets of Fuddruckers and transferring the license, but the business will remain exactly as is. She asked Mr. Amore if that was the case. Mr. Amore replied that is correct. He replied to further inquiry that his application has already been submitted to and approved by the State of Michigan. Yes: All. The motion carried (6/0). B. Mayor Taylor stated this is to consider appointments to the City of Sterling Heights Boards and Commissions. Youth Advisory Board Moved by Radtke, seconded by Taylor, RESOLVED, to appoint Yousif Adnan, Lauren Sanchez, Tanisha Munim, Jacob Thomas, Sunyla Jabeen, and Kayla Beauchamp to the Youth Advisory Board to terms ending June 30, 2024, subject to the appointees meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Councilman Radtke stated he is very impressed with the credentials of these individuals, and he is confident they will make a great contribution to the City. Mayor Taylor agreed. Yes: All. The motion carried (6/0). Sustainability Commission Regular City Council Meeting Tuesday, September 5, 2023 Page 11 Mayor Taylor explained two of the positions will be expiring on June 30, 2024, one on June 30, 2025, and one on June 30, 2026. Moved by Schmidt, seconded by Ziarko, RESOLVED, to appoint Naketa Jones and Victoria Carlino to the Sustainability Commission to terms ending June 30, 2024, subject to the appointees meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Councilwoman Schmidt stated these residents have been spoken to and are very excited about serving on this Commission, so she felt they will be a great addition. Yes: All. The motion carried (6/0). Moved by Schmidt, seconded by Ziarko, RESOLVED, to appoint Sheryl Burns to the Sustainability 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. Councilwoman Schmidt noted that she has spoken with Ms. Burns, and she has spoken to a few of the members on the Sustainability Commission. She is extremely proactive and excited about serving on this Board. She currently serves on the Beautification Commission, and Councilwoman Schmidt felt she will be a great asset on the Sustainability Commission. Councilman Radtke believed that Ms. Burns would be great on this Commission; however, he expressed concern that they have identified some other candidates who have experience in scientific backgrounds, which may be more appropriate for this Commission. Yes: All. The motion carried (6/0). Moved by Radtke, seconded by Ziarko, RESOLVED, to appoint Matthew S. Smith, to the Sustainability Commission to a term ending June 30, 2025, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Councilman Radtke clarified that although he originally made the motion for the appointment to a term ending June 30, 2026, he corrected it to appoint Matthew S. Smith to the Sustainability Commission to a term ending June 30, 2025. He explained that Mr. Smith is a chemist and will make a great addition to the Commission. Yes: All. The motion carried (6/0). Youth Advisory Board Regular City Council Meeting Tuesday, September 5, 2023 Page 12 Mayor Taylor noted there are still five openings on the Youth Advisory Board. He suggested postponing this until the second meeting in October, which will be held on Monday, October 16, 2023. Moved by Schmidt, seconded by Ziarko, RESOLVED, to postpone the appointments to the Sustainability Commission to the October 16, 2023 regular City Council meeting. Yes: All. The motion carried (6/0). C. Mayor Taylor stated this is to consider a nomination to the City of Sterling Heights Board of Ordinance Appeals II. There were no nominations made. Moved by Ziarko, seconded by Taylor, RESOLVED, to postpone consideration of the nomination to the Board of Ordinance Appeals II to the October 3, 2023 regular City Council meeting. Yes: 5/1 (Councilman Radtke casting the dissenting vote). The motion carried. Councilman Radtke explained the Board cannot meet until next year if they do not make the appointment until October. He noted it is an issue with having a quorum, in addition to the Board going dormant in October, starting up again in April. Moved by Ziarko, seconded by Taylor, to reconsider the prior motion. Yes: All. The motion carried (6/0). Moved by Radtke, seconded by Yanez, RESOLVED, to nominate Michael Bargowski for consideration as an appointee to the Board of Ordinance Appeals II at the September 19, 2023 regular City Council meeting. Councilman Radtke stated he spoke with City Administration, who informed him there is a quorum issue, with current cases pending. He added that the Board goes dormant in October. There will be some new candidates next year, and he pointed out this appointment makes it an all-male board, with no female representation. The former board member left, however, which leaves a vacant position on that Board, and they are unable to complete their work without filling the vacancy. Councilwoman Ziarko noted Mr. Bargowski currently serves as an Alternate, so this will move him to a full member of the Board of Ordinance Appeals II. Regular City Council Meeting Tuesday, September 5, 2023 Page 13 She added they will be looking for an alternate position, which she suggested could be done at the first meeting in October. Yes: All. The motion carried (6/0). 9. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for public comments. • Don Young – 91-year-old has been a resident of Sterling Heights since 1973; moved a couple of years ago from their two-story home to Plumbrook Independent Living, where there are no doctors on staff, and they pay for their own hospitalization, a monthly fee to cover their meals, laundry services and housekeeping; his wife recently fell; they called 911, the firefighter/paramedics arrived to help her up, and because she was not hurt, Sterling Heights recently adopted policy of charging for such calls in nursing homes and assisted living facilities cost them $800, which is very expensive for senior citizens; he questioned why their independent living apartment is considered differently than when they were living independently in their two-story home; concerned the average citizen cannot afford this cost and felt it could be lowered to a couple hundred dollars to make it more affordable. • Ray Nadolski – member of the Veterans of Foreign Wars in Sterling Heights; noted their post is located off of 18 Mile Road, behind the small party store past the Michigan Schools and Government Credit Union; questioned whether the City Council has any connections with contractors so they can get a flag pole put up, they would appreciate it since they received a quote today from Rocket Enterprise for $2,100 to put in a flag pole; noticed the POW-MIA flag on the pole at City Hall is tattered, and questioned whether the City can replace that flag; he added POW-MIA Day is coming up a week from Friday and they honor the 1,500 souls still missing from the Vietnam War, 8,000 from Korean War, 30,000 from WWII, and 6 from the global war on terrorism. Mayor Taylor assured they will see what they can do. 10. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool responded to Mr. Young’s concern about the $800 fee charged as part of the Lift Assist Ordinance. He provided background on the ordinance, noting the City’s five fire stations are very busy responding to about 16,000 emergency medical response runs annually with very expensive apparatus, and that number is growing. He stated ninety percent of their workload involves EMS runs, and a disproportionate share of the EMS runs occur at the twenty-seven assisted living/senior facilities and independent living facilities, where there are a significant number of seniors. Many of these runs are non-emergency runs to these facilities, thus diverting their paramedic services to advanced life support runs across the City. They had to try to get these facilities to use their own staff and other resources for Regular City Council Meeting Tuesday, September 5, 2023 Page 14 non-emergency events. Residents in these facilities are paying a lot of money and renting for the purpose of having these services. The $800 fee is for that reason, which is the cost for providing the service. They are hopeful that the centers will come up with other means, although he assured EMS will always respond to the runs. The City bills for these calls directly to the ownership of these twenty-seven centers, and the centers should not be passing along that $800 fee to residents. Good business practice would have them determining approximately how many of those runs they have to pay for and amortize those costs into their monthly charges for everyone, because it is a service for which they advertise. He advised there is an appeal process, although he does not know if it is applicable in Mr. Young’s case, but he stated he would be glad to look at it with Mr. Young. He strongly urged Mr. Young to meet with the property owners and management company at Plumbrook to encourage them to do the right thing. Mr. Vanderpool stated they are working with their partners at the fire union levels and others to look at a less costly option for the disproportionate runs to these facilities by deploying a basic life support unit instead of an advanced life support unit, with basic paramedics instead of sworn firefighters. Mr. Vanderpool assured Mr. Nadolski that the City will replace the POW-MIA flag in short order. He agreed it needed to be done. Councilman Yanez questioned when a presentation on the Strategic Plan will be scheduled for City Council. Mr. Vanderpool replied they have had a number of presentations to which City Council and others were invited. If City Council desires to have it presented publicly, they would be happy to check the consultant’s availability and schedule it within the next thirty days. Councilman Yanez would like to have the consultants present it, noting the Council may have questions on some of the items. He would like their feedback on those questions. Regular City Council Meeting Tuesday, September 5, 2023 Page 15 Mr. Vanderpool assured he is happy to coordinate the scheduling of that presentation. Mayor Taylor questioned if there were any objections, but no objections were voiced. Councilman Yanez stated he recently received a phone call from a business owner in Sterling Heights who has a business that is closed. He indicated a Code Enforcement Officer wanted to get inside of his business, and this business owner contacted him to ask why this Code Enforcement Officer would make this request. He found the Elevate Sterling Heights program was outlined on the City’s website, and it appears their Code Enforcement is reaching out to business owners to schedule walkthroughs. He questioned whether this is being done. Mr. Vanderpool replied they are looking at all of their major commercial centers, and although the focus is mainly exterior, they want to make sure there is a good plan in place for businesses to comply with landscaping, parking lots, painting needs, etc. They are working hand-in-hand with the property owners to make sure they are following all property maintenance codes. He indicated it was talked about at Strategic Planning and is something they have been able to implement this summer, adding it is in its very early stages. Councilman Yanez questioned when this program started. Mr. Vanderpool replied this program started approximately sixty days ago, although it has been discussed extensively at Strategic Planning last year, and they have been working with a marketing individual to get everything in order. He pointed out they have a very robust webpage that explains the program in great detail. He added that letters have been sent out, and when there are significant improvements needed, they understand it could take six months to a year to get it done. The main goal is to assure the City’s commercial corridors are in compliance with their property maintenance code. Regular City Council Meeting Tuesday, September 5, 2023 Page 16 Councilman Yanez explained the Code Enforcement Officer wanted access to the closed business, so it seems interior seems to be an issue as well as exterior. He noticed a Commercial Compliance Inspection Checklist on the website, which is for “exterior, interior, safety, electrical, plumbing, mechanical, and fire.” He questioned whether it is the Code Enforcement Officer who goes through this checklist, or whether it is the business owner’s responsibility. Mr. Vanderpool replied it is collaborative, so they go through it together with the property owner. The City works with the owners, and he added they have not had any problems so far. He noted most businesses are very accustomed to inspections, whether it is by a Code Enforcement Officer or a Fire Prevention Officer. The process has been streamlined. Councilman Yanez pointed out that a Code Enforcement Officer is not an inspector, so he questioned whether these officers are engaging with the City inspectors when they come across electrical, plumbing, or mechanical problems. He further questioned whether the Inspectors then go out to validate that the problem needs to be addressed or has already been addressed. Mr. Vanderpool replied affirmatively, and when the Code Enforcement Officers come across these issues, they have been well-trained in what to look for. The issues are duly noted, and those are passed along electronically to the respective inspectors. Those inspectors will then go back and conduct a more robust inspection. This is a way to improve and free up inspectors’ time so they can focus on more substantive issues. He cited the example of Fire Inspectors, who could then focus on some of their larger manufacturing areas that need extensive inspections rather than having to look at the minor inspections such as whether “Exit” signs are lit or that doors are not being blocked. Councilman Yanez questioned who conducted the training for these Code Enforcement Officers. Regular City Council Meeting Tuesday, September 5, 2023 Page 17 Mr. Vanderpool replied that the City Development Director oversees the entire department. They have the Fire Marshall, the City Attorney, Assistant City Manager, and numerous others were extensively involved in developing the program and checklist of items that they would be looking for. He reminded the primary focus is exterior, but they do go inside as well. He stressed there is a lot of time put into this program, and individuals from all of the respective disciplines were involved in the development of this program under the guidance of the City Development Director. Councilman Yanez questioned whether there are limitations since the Code Enforcement Officers are not licensed inspectors. He questioned whether the Code Enforcement Officers can go anywhere they want once inside a building. He questioned the property owner’s rights and who advises that owner of his/her rights. Mr. Kaszubski replied that this is a volunteer program, so if a Code Enforcement Officer walks into a building, and the owner is with them, the owner has the right to tell the Code Enforcement Officer he cannot go into the back. At that point, it is put on a list and the Fire Marshall will go out to conduct an inspection. Councilman Yanez questioned whether the property owners are aware they can refuse access to the Code Enforcement Officer. Mr. Kaszubski replied that the Code Enforcement Officers are advised that if they are told by the owner they cannot access certain areas, they thank the owner and leave. He confirmed this is part of their training. Councilwoman Schmidt reminded everyone that school is back in session, and she cautioned everyone to be cognizant of the signs and lights on the school buses. She inquired as to whether the City can put the link on their website home page or Facebook page to the public service video on school bus safety. Councilwoman Ziarko announced that there is a Food Truck Rally at Dodge Park this Friday from 4 p.m. to 9 p.m., with over twenty-five food trucks. She Regular City Council Meeting Tuesday, September 5, 2023 Page 18 added there will be a DJ there as well. She requested that Mr. Nadolski stay after the meeting to talk to them. She used Rocket Enterprises for her flagpole, but she questioned how tall of a pole they are proposing, noting the price he was quoted was quadruple what she paid for hers. 11. UNFINISHED BUSINESS There was no unfinished business. 12. NEW BUSINESS There was no new business. 13. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated there are no items for Closed Session this evening. 14. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: All. The motion carried (6/0). The meeting adjourned at 8:09 p.m. MELANIE D. RYSKA, City Clerk

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