City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MAY 7, 2024 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 presented. Yes: All. The motion carried (7/0). 5. REPORT FROM CITY MANAGER Mr. Vanderpool highlighted a couple of big events held in April and continuing into May. He mentioned the clean-up days at the DPW facility, including the hazardous waste drop-off, the electronics disposal, and Shred Day. He stressed they are always popular, and they appreciate the community taking time to participate in them. He stated the City kicked off one of the largest program enhancements in their history this past week, with the universal curbside recycling program. Every resident at the 40,000 addresses in the City has the opportunity to set out curbside recycling every week. They also have new carts and a new ordinance requiring all garbage must go inside the 95-gallon cart. They have had a few glitches in the first week, but they are working with Priority Waste to resolve those, so they appreciate everyone’s patience. He advised they will be issuing warnings for the month of May if there is garbage outside of the containers because there is a bit of a learning curve, but in June, they will be more proactive with enforcement. He commended the community for participating in this, noting it is working incredibly well. Regular City Council Meeting Tuesday, May 7, 2024 Page 2 Mr. Vanderpool talked about the City’s first-ever Green Earth Day event on April 27. It was a popular event, and the City’s Sustainability Commission was very involved, including Chairperson Nathan Inks. They were able to give away more rain barrels to community members through the use of grant funding and other funding. These are to be used for rain gardens and other outdoor water needs. This event had a lot of fun activities for children, and twenty trees were planted all over Dodge Park. He stated they appreciated the hundreds of people who came out for this first-time event, and they look forward to growing it bigger and better in future years. He highlighted the SHINE (Sterling Heights Initiative for Neighborhood Excellence) event held last Saturday. This event is held two times a year, once in the spring and once in the fall, and volunteers go out and help individuals who are unable to maintain their properties, including raking leaves, mowing grass, trimming shrubbery, painting sheds, etc. This program has been very popular and has been taking place for approximately fifteen years. This past Saturday, eighty individuals came to help clean up twenty homes throughout the community. There are also corporations that help throughout the year, and he thanked them as well. He extended thanks to Council members who participated this past weekend including Councilman Yanez. He stated he had the honor of serving on Councilman Yanez’s team, along with Sterling Heights Community Foundation Board of Directors member Ron Himmler, and although Councilman Yanez and his team did most of the heavy lifting, Mr. Vanderpool added he was able to help out where he could. He suggested that anyone interested in this program can find out more on the City’s website, where they can also sign up to help in the fall. Mr. Vanderpool highlighted a few upcoming events, including the Annual Plant Exchange taking place this Saturday, May 11, from 9:30 a.m. to 11:30 a.m. at the Nature Center. The Treasure Hunter’s Market is taking place the following Saturday, May 18, from 9 a.m. to 2 p.m. at Dodge Park. He announced that the Splash Pad opens on Saturday, May 25. Regular City Council Meeting Tuesday, May 7, 2024 Page 3 Mr. Vanderpool stated their annual Memorial Day Parade will be held on Monday, May 27, 2024, with the ceremony starting at 9 a.m. and the parade follows at 10 a.m. They will have a flyover from the Tuskegee Airmen, and possibly a flyover from Selfridge Air Base. There will be at least seventy-five groups participating in the parade, and thousands of people will attend to watch the parade. He added that 41A District Court Chief Judge Steve Sierawski will serve as the Grand Marshall. He explained they are honored to have Chief Judge Sierawski as Grand Marshall, adding that Judge Sierawski’s military service started in 1983 as a Navigator assigned to B-52’s for Strategic Air Command, with duties including nuclear war deterrents while stationed at Griffiths Air Force Base, and he eventually served for seven months overseas in Operation Desert Shield. He informed they have a number of other ambassadors involved in the parade every year, and he invited Veteran Ray Nadolski to talk about the parade. Veteran Ray Nadolski thanked everyone who shopped at the Kroger on 18 Mile this past weekend, and as a result, the VFW was able to raise $850 from donations. He stated it is always a big event for them, and it was very much appreciated. Mr. Nadolski showed photos of a couple of vehicles that will be featured in the Memorial Day Parade and provided details on them. He stated he will be marching along Dodge Park in the parade, and he invited any veteran who is interested to join them in that march. Mr. Vanderpool stated the summer season is being kicked off with Thursdays in Dodge Park, beginning in June, and a busy schedule ramping up to Sterlingfest. Mr. Vanderpool requested, at the conclusion of tonight's meeting, that City Council convene a closed session pursuant to Sections 8(c) and 8(h) of the Open Meetings Act in connection with the negotiation of collective bargaining agreements, and to discuss with the City Attorney three confidential legal opinions. He stated this concludes his report this evening. 6. PUBLIC HEARING Mayor Taylor stated this is the 2024/25 Budget Public Hearing and Adoption. He invited Finance & Budget Director Jennifer Varney to give a presentation. Regular City Council Meeting Tuesday, May 7, 2024 Page 4 Finance & Budget Director Jennifer Varney informed that the City Charter requires a formal public hearing be held before the budget adoption, so she provided a brief overview of everything discussed. The proposed budget was submitted to Council on March 28th, and since that time, it has been available for public inspection on the City’s website, as well as the Clerk’s Office and the Public Library. The Appropriations Ordinance was introduced at the April 9th City Council meeting. She reviewed that the proposed City Budget totals $252 million, broken down into the major fund types. The Total Fund Budget decreased about $34.5 million, or 12 percent, from the prior year, primarily in American Rescue Plan Act (ARPA) funding and Road Funds, due to timing, and the completion of Mound Road in the current year. There is increased spending on Refuse and Recycling due to the new contract, Water and Sewer due to rate increases, and the General Fund, primarily due to personnel costs. The General Fund Budget totals $125.7 million, which is an increase of $5.6 million, or 4.7 percent, primarily due to personnel, including wages, Police & Fire Pension, Contribution, and Health Insurance increases. Ms. Varney stated at the present time, there were no amendments made to the proposed budget as presented. The expected General Fund Revenues exceeded Expenditures by just under $89,000, resulting in an addition to Fund Balance. This brings their cumulative Fund Balance to about $37 million at the end of FY 2025, which is about 30 percent of expenditures. Ms. Varney explained the proposed City millage rate for the 2024 tax year is slightly higher at 16.5823 mills, which is higher than last year. This includes a small increase from what was presented, due to the receipt of final calculations from the County, which included a Headlee rollback. The rollback reduces the maximum allowable millage, which affects Safe Streets and ReCreating Recreation. The traditional budget had those at the same rates as 2023/2024, but this budget to be adopted tonight has a slight decrease in both of those millages due to the Headlee rollback. Regular City Council Meeting Tuesday, May 7, 2024 Page 5 Ms. Varney stated that, based on an average home with a taxable value of approximately $98,000, the annual City taxes will be about $1,630, or $136 per month. She added that the proposed budget preserves the City’s solid financial position, includes a small tax increase primarily due to refuse, preserves low water and sewer rates, includes funding for $22 million in major road improvements, and fully funds all long-term liabilities. The budget also funds a replacement ambulance, sixteen police vehicles and other public safety equipment, funds the mass text notification system, wi-fi access for Dodge Park, and the repair of the Nature Center Bridge. It also funds ongoing facilities and infrastructure maintenance, including parking lot repair, park trail replacement, and water and sewer main televising and repairs. She stated the Appropriations Ordinance is the legislative vehicle that allows for the expenditure of funds throughout the City. The Ordinance reflects the City Council’s plans for expenditures and revenues and sets the total property tax millage rate. The Appropriations Ordinance was introduced at the April 9th City Council meeting, and the ordinance before Council this evening reflects a small decrease in the City Tax Rate as presented due to a Headlee Rollback, but there are no other amendments. The Mayor and City Council are respectfully requested to approve the proposed budget. Mayor Taylor opened the public hearing, and invited comments from the audience. • Sanaa Elias – commented that the Assistant City Manager position is unnecessary and is a waste of employee’s time and tax dollars; she pointed out they now have a Deputy Police position and an Assistant Fire Chief position, so she could not see why they need an Assistant City Manager to support this group; expressed concern the main focus will be the diversity, equity, and inclusion (DEI) responsibilities outlined in earlier discussions; she felt Human Resources can handle the DEI program; suggested if this position is for the succession plan, many organizations already have people within the organization that may be interested, so possibly some money could be saved. • Unidentified man – agreed with Ms. Elias; concerned about adding positions that pay $200,000+ annually, when the elderly population in the City cannot afford the increases; did not feel this position is needed; commented there are people in his neighborhood at 15 Mile and Dodge Park who are struggling, and the City should not place this burden on them. Regular City Council Meeting Tuesday, May 7, 2024 Page 6 • Harry Marchlones – expressed concern about hiring “back-up” people; stated it bothers him to hire a special individual who will look into things that are not normally what this City would be involved with; commented the citizens elect a Mayor and Council because they feel they are capable of handling this, and if they cannot, possibly different people need to be in the elected positions; added that this City has never taken advantage of any race, religion, creed, color, or anything else, and he cannot understand why the Mayor and City Council cannot handle those tasks. Mayor Taylor closed the public hearing. Motion by Sierawski, seconded by Radtke, RESOLVED, to adopt the Annual Appropriations Ordinance for the 2024/2025 fiscal year, as amended, with the following property tax millage rates: 9.4940 mills for Operations, 1.3558 mills for Refuse Collection, 2.4435 mills for Police & Fire Pension, 2.3694 mills for Safe Streets, and 0.9196 mills for ReCreating Recreation for a total property tax levy of 16.5823 mills. Mayor Taylor noted that Mayor Pro-Tem Sierawski had indicated in her motion “2.394 mills for Safe Streets,” and he clarified that should have been “2.3694 mills.” Mayor Pro-Tem Sierawski confirmed that her motion should have reflected 2.3694 mills for Safe Streets. Mayor Pro-Tem Sierawski clarified that when they are adding positions in the City’s offices, those are not duties the City Council can do. They are a legislative body and cannot work for the City, so when they add positions, they need to make it clear they are hiring people to do these jobs because as Council members, they cannot do them. They want to make sure this City is a very fair city, and the Assistant City Manager position will be overseeing the DEI program, although it will not be the only function of that Assistant City Manager. She reiterated that function is not appropriate for City Council to do as elected officials. She thanked Ms. Varney and the rest of the department heads for putting this budget together. She emphasized a lot of hard work goes into this, they had two meetings in addition to their regular City Council meetings to discuss it, and those were well- publicized, so the general public had the opportunity to attend. She is in favor of this budget. Councilman Radtke requested that Ms. Varney explain why the numbers changed for the Headlee rollback. Regular City Council Meeting Tuesday, May 7, 2024 Page 7 Ms. Varney replied to inquiry that when they did the original taxable value estimate, they did not think it would be a rollback; however, it was a last-minute change by the State Tax Commission in how to account for the taxable value related to the Veteran’s Property Tax Exemption. Macomb County had to recalculate the Headlee rollback reduction for every community in the County, and they just received those numbers last week. She clarified when they present the budget, they are working with estimates of taxable value because she does not have final numbers, but this was unique because it was a last-minute change that affected every community in Macomb County and unfortunately resulted in a Headlee rollback. Because the City does not charge their full allowable millage rate in operating, the rollback did not affect the operating millage, but it affects Safe Streets and ReCreating Recreation up to the maximum allowable per the State law. Councilman Radtke questioned whether this will result in not as much money going into Fund Balance this year. Ms. Varney explained it is a very minor change, so she did not change the estimates of the tax revenue. She stated the ReCreating Recreation goes into the Parks & Recreation Fund, so that does not affect General Fund Balance. A portion of Safe Streets goes into local roads, but a portion also goes into General Fund, so they would collect slightly lower taxes. It was not enough of a difference to adjust the numbers for the budget. Councilman Radtke appreciated that. He agreed with Mayor Pro-Tem Sierawski about the Assistant City Manager position. He pointed out that the Police Department has about 200 employees, with 161 of those being officers, and they just hired a Deputy Chief. He stated that Mr. Vanderpool oversees about 800 employees, so he could not understand why anyone would expect that a larger organization should have fewer managers. The City is a large organization that requires a lot of detailed time. He spent a couple of hours last week talking with Assistant City Manager Jeff Bahorski, and he talked a lot about his concentration Regular City Council Meeting Tuesday, May 7, 2024 Page 8 on contract negotiations and Human Resources, noting he is also the HR Director. Councilman Radtke noted that Mr. Bahorski had indicated he welcomes the new position of another Assistant City Manager because he would like to assist the City Manager more but is unable to do so because he is working as hard as he can to negotiate the many major contracts. He pointed out the position of DEI Officer was already created, so this is merely transferring the role to a larger role to do more work. He suspected a lot of this boils down to fear of change, but he felt the City is doing everything it can to propel itself into the future. He stated he supports this budget, and even though he proposed some motions that failed, that occasionally happens, but it is a consensus budget, and he is happy to support it. Councilwoman Schmidt stated she has been hearing talk about their refuse millage, which has increased. She requested clarification that with this new contract with Priority Waste, they are saving $23 million over ten years. She has heard residents complain that the refuse costs have risen, yet she pointed out everything has gone up in price. She requested that Mr. Vanderpool explain why this bill has gone up, yet they are still saving money over the next lowest bidder. Mr. Vanderpool explained that, on average, property taxes for the refuse program went up approximately $30 per year for the average-priced home in Sterling Heights. That increase is largely related to inflationary pressures. He pointed out that the City was in a long-term contract with GFL, but that has expired. It was only natural that they would see an inflationary increase in their refuse cost. They were able to leverage, through a very competitive bidding process, a $23 million savings over a ten-year period from the next lowest bidder, and also add the significant enhancement of curbside recycling. He pointed out this is a large community in the State of Michigan, and their recycling rate was only about 25 percent, while best practice is 75 percent. Through this enhancement, they will get closer to 75 percent. The community will be cleaner and more aesthetically pleasing. There were often complaints about carts being knocked over or in the Regular City Council Meeting Tuesday, May 7, 2024 Page 9 street, and that was common with smaller carts. Wet garbage was also a problem and made it easier for rodents, squirrels, and other animals to access. The value- added service to the community is significant. Ms. Varney reminded them that the City had an eight-year, fixed contract with GFL, and it did not rise at all for eight years. Even if they had bid on the exact same services as they had with GFL, the cost was going to go up. They went out to bid, knowing the cost would go up, plus they were adding the additional services. She stated the bid they received from Priority Waste was far below what they anticipated, providing the City with $23 million savings in a ten-year period over the second lowest bid. She confirmed the increase will amount to between $30 and $35 for the average home. She also pointed out that for the nearly 10,000 homes that were paying $57 per year for curbside recycling, the net cost to almost all of those homes will have a net savings because their taxes will go up less than $57. She confirmed it is a more expensive contract because of inflation and all of the additional services they are receiving. Councilwoman Schmidt stated when she looks at her tax bill, the City portion of her tax bill is the lowest portion of the tax bill. The County, as well as the Warren Consolidated Schools, makes up a larger percentage of that bill. She added that the millage rate Warren Consolidated Schools is almost twice that of Utica Community Schools. She noted the MISD (Macomb Intermediate School District) is another large tax. She named many of the city services that residents receive, including police, fire, clean water, roads, and other services, and she stated they “get a big bang for their buck.” She noted that their tax bills are “county and school-heavy,” and she suggested everyone look at their tax bill to see that this City Council is diligent on how they spend taxpayer money, reminding everyone that it is also their money. She addressed the comments about the Assistant City Manager position, clarifying it is not the “DEI” position. She stressed the workload that Mr. Vanderpool and Mr. Bahorski have is unbelievable, and while she understands why people who are not familiar with that are questioning the need Regular City Council Meeting Tuesday, May 7, 2024 Page 10 for another Assistant City Manager, she fully understands the justification behind the need, and hopefully if this passes, everyone will realize the large amount of hard work the current City Manager and Assistant City Manager are doing now and how they need some relief on that workload. Councilwoman Ziarko agreed with the comments made by her colleagues, and she questioned what the proposed Assistant City Manager position will be paid. Ms. Varney replied this is a position that has not yet been filled, and they are starting to look to fill it. The numbers talked about at the last budget hearing were based on their current Assistant City Manager. She cannot assume that a new Assistant City Manager will make as much as their current experienced Assistant City Manager, but it is hard to be specific. She budgeted $180,000 for wages and benefits in this budget, but when they go out to fill it, she felt the $180,000 to $220,000 range for wages and benefits would be a reasonable estimation, depending on the qualifications and experience of the person they hire for the job. Councilwoman Ziarko thanked Ms. Varney and everyone who helped to put this budget together. She admitted the budget hearings are time-consuming, but they are informative. She agreed if they were looking at succession-planning in a corporation, they would most likely look at internal candidates who may be interested, and they could be groomed for the position. In this case, there may not be anyone interested or qualified, but they will not find that out until they go out to look for that position. For a city this size, she emphasized they are not top- heavy in management, noting there are cities much smaller than Sterling Heights that have more support staff at the top. She explained the topic of succession- planning in government has recently been talked about throughout the state because it is difficult to find anyone who wants these positions. She felt it is something they need, and it has been discussed at Strategic Planning. She is in favor of it, as well as the rest of the budget. She reminded it is a guide and a living document that can have changes made to it if emergencies come up. Regular City Council Meeting Tuesday, May 7, 2024 Page 11 Councilman Yanez stated that overall, this is a fair budget, and he will support it, but he disagreed with his colleagues on Council about the position of Assistant City Manager. He pointed out that the Police Chief requested help and a Deputy Chief position was approved, and likewise, the Fire Chief and Assistant Fire Chief were overwhelmed, and a second Assistant Fire Chief position was approved. He stated this budget is requesting a second Assistant City Manager position to oversee Police, Fire, and DPW, yet each of those departments already have management positions and support under them. He does not know what the Assistant City Manager will be doing other than the City will be paying $200,000 a year to oversee three people. He commented they could have had the DEI program two years ago, and someone could have been appointed to that position. He expressed concern that this is more about looks than it is about DEI. He stressed that if this person is going to be over the City’s three largest departments, they had better be very experienced. He has not seen anything from City Management regarding succession planning for the City Manager and Assistant City Manager and when they plan to separate from service. He stated he will be asking the City Manager to provide City Council with a document that indicates when they think they are going to separate from service, so they have an idea. He has looked up other communities, and he indicated they do not have a second Assistant City Manager. He had been told it is not necessarily based on the size of the city, but rather the style of the organization of that city, and he commented that he still cannot find a city with two Assistant City Managers. He pointed out that for an extra $100,000, they could have hired two more Fire Inspectors to inspect all of their buildings that do not get inspected. At the last meeting, they talked about the Fire Department conducting over 2,000 inspections and they were all annual, but he noted they were not all annual inspections. He stated he will be voting yes on this budget, but he hears those residents who express concern because they are on fixed incomes. He understands the City runs an Regular City Council Meeting Tuesday, May 7, 2024 Page 12 efficient organization, but they still need to have a level of empathy for the taxpayers who are struggling on a day-to-day basis. Councilwoman Koski asked Ms. Varney to clarify the refuse contract, noting their previous contract with GFL was a fixed contract for eight years, whereas the new contract reflects a three percent increase each and every year. Ms. Varney replied to inquiry that there is a three percent increase every year for the ten years. She clarified the $23 million is how much they are saving over the second lowest bidder over the ten-year period of the contract, and that three percent increase in Priority’s contract is reflected in the comparison of bids. They added up the total cost of all of the bids for the ten years as they bid, and the difference was $23 million between the lowest bid and the second lowest bid. Councilwoman Koski questioned whether the Assistant City Manager position will be open to internal candidates before they go outside. Mr. Vanderpool stated they will advertise the position, and any internal candidates will have the opportunity at the same time as external candidates to apply for it. If there are internal candidates interested, they are encouraged to apply. He explained their job at the end of the day is to get the best possible candidate to fill that position. Councilwoman Koski questioned whether it will be open to everyone and not internal candidates first. Mr. Vanderpool replied to inquiry that he will have to defer to Assistant City Manager/HR Director Jeff Bahorski, who will be here later, and she can ask him that question. He stated there may be a requirement stated in the Executive Group contract, but he will clarify it with him and report back to Councilwoman Koski. Councilwoman Koski questioned whether Council will receive something regarding the qualifications and the duties of this position. Mr. Vanderpool replied affirmatively. As they do with any director position, they share the recruitment with the Mayor and Council, including the job description and updates. He reminded that Council would have to confirm this position, so Regular City Council Meeting Tuesday, May 7, 2024 Page 13 they want it to be an inclusive process. He clarified the City of Sterling Heights does not have a traditional Assistant City Manager, unlike the City of Grand Rapids, which has a Deputy City Manager and an Assistant City Manager. Mr. Vanderpool pointed out this City is the second largest council/manager community in the State of Michigan. Councilwoman Koski stated they went many years with no Assistant Manager. They went through a number of assistants, and then no assistants. She is surprised because staffing levels are about the same as they have been over the years, but now they need two Assistant City Managers. She is having a hard time with that, and the aging population is increasing, of which she is a part, so she tends to watch her money closely. Mayor Taylor thanked Ms. Varney and the rest of the City staff for their diligent hard work in putting the budget together and contributing to this effort. He talked about the complexity of this organization, acknowledging that he does not have a lot of experience running major businesses, but he has run his own business, with himself being the only employee. There are close to six hundred full-time employees working for the City of Sterling Heights, operating on well over a $200 million budget, with hundreds of millions of dollars in pension and retirement funds. He pointed out that they have many diverse departments that make up this organization, including a police department, a fire department, the library, a finance department, engineering, a roads department, etc., with each of those departments doing completely different jobs, with different responsibilities and skills needed. Their services are all connected, relating to the City and its services, but all of the departments are different, other than the fact they are employed by the same organization. He cited the example of being a CEO of a company having six hundred employees doing tool and die work, where most of the employees are working on the same thing. He compared it to the City’s departments, where they are performing vastly different functions, and they have a weakness where they do not have enough leadership at the top to completely manage those Regular City Council Meeting Tuesday, May 7, 2024 Page 14 departments as effectively as possible. He stressed they have done a very good job “making do” without those positions, but that is not necessarily the way it should be. It is relatively minor to hire someone at this cost when talking about a budget of well over $200 million annually; on the other hand, he does not want to downplay the cost because it is a lot of money. He can see the need to have more support for the City Manager, pointing out the number of issues brought in by City Council, who are elected to represent the residents, business owners, and taxpayers, and they field a lot of resident’s issues. They are not all complaints, but many are questions on how to go about getting something done. Based on the Charter and the form of government, it is not appropriate for the Mayor or a City Council member to call one of the departments and direct the employees on what to do. He stated he is not allowed to do that and will not do it, so he goes through the City Manager. The City Manager then goes to the department head or the employee. He deals with the management of all of these employees, yet he has so many more responsibilities in addition to running a city. Every day there are thousands of touchpoints between the City employees and the general public, and the City Manager’s job is to manage all of that and so much more. Any organization with a budget of $250 million, a revenue of $250 million, between 500 and 1,000 employees, and all of the various functions being done, they would have a CEO, a President, a Chief Operating Officer, a Director of Operations, and each of those positions would be well-staffed. He commended Mr. Vanderpool for doing all of this and making it look easy, but just because he has made it look easy and has done a good job does not mean that the need is not there. Mayor Taylor clarified there was a full-time DEI position budgeted last year. They approved it and budgeted it, but it is being converted because they do not need someone spending all of their time on DEI, so this new position will include DEI as part of their function, but they will also oversee the Police, Fire, and DPW Departments. He referred to Councilman Yanez’s earlier comment that this person will “oversee Regular City Council Meeting Tuesday, May 7, 2024 Page 15 three people,” but he stressed that is not the truth, because nearly half of the organization works in these three departments. Mayor Taylor agreed that taxes are a major issue, and he felt everyone on City Council empathizes with people, adding that Sterling Heights is far from being the wealthiest community in Michigan. They are a solid middle-class community with hard-working people that do not flaunt a lot of wealth and spend money wisely. This Council is made up of people like that, and he assured he does not throw money away and does not want to see it wasted. He clarified that if Council eliminated this position, the reality is that money would not be spent but would stay in the Fund Balance. The $150,000 would not reduce the taxes, and even if it did, it would only reduce everyone’s taxes by approximately ten cents a year. Mayor Taylor stated he feels strongly that having an Assistant City Manager who can improve operations in their City and provide better service to the residents is worth their nickel or dime a year. He reiterated that the City of Sterling Heights remains as having one of the lowest tax rates in Macomb County, and around the fiftieth percentile in the State of Michigan, so they are not a highly taxed city. Mayor Taylor addressed Mr. Marchlones’ earlier comment about City Council members being able to handle this, and he reiterated the Mayor and City Council do not direct employees what to do because it would be confusing and very difficult for the employees. He stated he is comfortable with the budget overall, noting this one position makes up just a tiny fraction of the organization, but it will provide a benefit to their residents in terms of enhanced services and giving Mr. Vanderpool an opportunity to focus on bigger things. He pointed out that ReCreating Recreation was a result of hard work and time to think about it to find out what the community’s priorities are. When management is busy putting out fires every single day, they do not have time to think about those next big enhancements to service. He is in support of the entire City budget, and he once again thanked everyone who worked to put this together. He thanked his colleagues on City Council for the discussion they have had on this, noting that Regular City Council Meeting Tuesday, May 7, 2024 Page 16 although there were no amendments, he felt they have had one of the better years of discussion on this budget. Roll Call: Yes: Ziarko, Koski, Radtke, Schmidt, Sierawski, Taylor, Yanez. No: None. The motion carried (7/0). 7. ORDINANCE INTRODUCTION A. Mayor Taylor stated this is to consider introduction of ordinances amending the City Code of Ordinances and Zoning Ordinance No. 278 to permit and regulate hobby beekeeping within the City of Sterling Heights. He invited Dr. Jake Parcell, City Planner, to give a presentation. Dr. Jake Parcell, City Planner, explained the history of working on an ordinance for hobby beekeeping, starting with a report in February 2023 on the ability to permit this in Sterling Heights. They worked with the City Attorney’s office to craft a regulatory and zoning ordinance. It was then reviewed by the Planning Commission, the Sustainability Commission, and at their behest, by other experts in the field across the state and region to provide feedback to the City. This went to the Michigan State Department of Agriculture and Natural Resources, the Michigan State University Extension, the Southeastern Michigan Beekeepers Association, and Bees in the D. They have been receiving feedback from these organizations for the past five months. The Planning Commission recommended approval of this in December 2023 by a vote of 8-0. They have been fine-tuning the feedback from external stakeholders to bring this ordinance to City Council this evening. They followed the State of Michigan’s Generally Accepted Agricultural Management Practice (GAAMPs) for bee keeping guidelines, and he outlined some of the basic site design requirements, like flyaway barriers, which is a screening comprised of vegetation or small fences, which prevent bees from flying directly into people’s homes or adjacent yards. They also specify the location of hives on quiet or unused parts of the lot, the provision of a constant water supply nearby, and no grass clippings or exhaust are not to be directed toward hives. They looked at regulations in other communities with relevant ordinances, and they found Holland, Michigan had a strong ordinance they liked, Regular City Council Meeting Tuesday, May 7, 2024 Page 17 such as requiring a permit for bee keeping, having a maximum size for the hive, having minimum setbacks from neighboring dwellings, property lines, and public sidewalk, requiring a flyaway barrier of at least 6 feet in height, and requiring a water supply. They also found regulations that made it very difficult for hobby bee keeping in the State of Michigan, and he reviewed some of those restrictions. The City of Warren does not allow beekeeping within three hundred feet of any dwelling, store, alley, or public place, and this essentially zones them out of residential neighborhoods. They want to make it possible without being too strict and unenforceable. They gathered all of this data and took into consideration regulatory concerns. He showed what an actual beehive looks like. They have found that if the ordinances are not restrictive, the City will have a difficult time conducting inspections. The cost of administration will rise permit fees substantially in terms of covering cost, and they will end up bringing an ordinance that they hope is adopted but remains. The Regulatory Ordinance is first, which introduces new definitions to the ordinance, including but not limited to Hobby Beekeeping, Honeybees, GAAMPS, Flight Path Barriers, and Hobby Beekeeping. It also includes regulations for permitting, and location, and he added that they brought this for review through the Sterling Heights Police Department to ensure it is enforceable, and through the City Clerk’s Office to make sure they understand the permitting. There is a fee associated with this that is in line with an accessory structure fee, which is approximately $70 in order to manage the enforcement and the site check-out from Code Enforcement Officers. He outlined the setbacks, and explained it is allowed in office, commercial, industrial, and residential districts. In everything that is not zoned single-family residential, hives are allowed to be placed on the roof. They have recognized different stakeholders in the City who already have bees on their roof, and this would not prohibit their establishment of bees in any way. They set up best practices in place for protecting abutting property owners. They established a permitting process that requires people to take a beekeeping class, emphasizing they do not want people to start these and Regular City Council Meeting Tuesday, May 7, 2024 Page 18 not take care of them to the point where the bees die. They limit the number of hobby beehives to an individual lot based on size. Lots less than one-half acre are permitted two hives, and it goes up to no more than twenty hives on a lot based on size. They established criteria for violations and worked through the City processes for those who do not follow the regulations. He stated the Zoning Ordinance is much simpler, establishing “hobby beekeeping” as a permitted accessory use in all zoning districts as long as it is conducted in accordance with City Code. Dr. Parcell stated they believe this ordinance can be productive and helpful for allowing this use in the City in a safe manner. He thanked the City Attorney’s office and external stakeholders for the very vigorous review. He offered to answer questions. Mayor Taylor opened the floor for public comment. • Harry Marchlones – commended Dr. Parcell for doing a wonderful job; he suggested anyone wishing to be a beekeeper to move abutting the drain between 15 Mile and 16 Mile Roads; he expressed concern that controlling bees will be like controlling leaves in the fall; he explained he had twenty- three bags of leaves that landed on his property; he did not feel they will be able to control bees, and fences will not keep bees contained; expressed concern about putting a lot of bees in one small area. Councilman Radtke questioned whether they would prefer to have the motions separate or combined into one motion. Mr. Kaszubski replied to inquiry that it would be better to separate the motions. Moved by Radtke, seconded by Sierawski, RESOLVED, to introduce the ordinance amending Chapter 8 of the City Code of Ordinances to permit and regulate hobby beekeeping within the City of Sterling Heights. Councilman Radtke stated he is happy to see this ordinance. He understands the concerns expressed by Mr. Marchlones, but this is to legalize practices already occurring in the City. He stated he is aware of at least three or four hives on different parcels in the City, and he questioned whether they have received any complaints about the hives currently in existence. Dr. Parcell replied to inquiry he does not believe they have received any complaints. Regular City Council Meeting Tuesday, May 7, 2024 Page 19 Councilman Radtke felt it is a specialized task, and the ordinance is clear that a beekeeping class is required, they have to establish a barrier, buy the hive, and make the investment to purchase the equipment and import the bees. He does not feel like it is a cheap hobby, but for those who choose to do this, they want to make sure they are doing it in a way that does not negatively impact their neighbors and will be safe for all. He questioned why they set the minimum distance of twenty feet from a property line, noting in other cities that setback is ten feet or less. Dr. Parcell replied that was quite a topic of discussion internally with the Planning staff. It started out more restrictive, but they lessened it to twenty feet because they wanted it to be located in such a way as to not create a potential nuisance for abutting property owners. If they are near a pool or large water source, they did not want them going over, so keeping them centrally located on the lot made sense. He indicated that was the recommendation they pulled from reviewing adjacent community ordinances. Councilman Radtke can understand someone wanting to have a beehive, but when it is limited to the central area of the rear yard, that is where people tend to put other things that matter a great deal. He suggested lowering that distance to ten feet from the property line, which still keeps it a distance from the property line but gives the person more options as to where they want to place it in their rear yard. He stated he is ok with the twenty-foot setback but felt the ten-foot setback would be more accommodating. He referred to Section 854-J, which indicates that if someone has a beehive, the City can come onto their property whenever they choose to inspect the hive. He commented that he is not disputing that this is not legal, but it seems a little like “overkill” because they do not go on people’s property for other causes. He would be comfortable with the property being inspected every three years or upon a complaint. He does not like the idea of the City being able to access the property at any time for a beehive. Mayor Taylor requested that Dr. Parcell weigh in on that question. Regular City Council Meeting Tuesday, May 7, 2024 Page 20 Dr. Parcell explained that initially, the ordinance was going to require an inspection every three years or upon a complaint. They worked with Mr. DeNault to try to find language that was less requiring of the recurring inspections, under the assumption that if the person is trained as required, they do not need to stress their Code Enforcement Officers or Animal Control staff to complete these inspections every three years. If there was a blatant safety concern or hazard that was arising, they could address it, or upon notice of a complaint they feel is valid, although they are few and far between. Councilman Radtke understands, but it seems overly broad to him. He would like to see the language cleaned up to be made a little tighter, pointing out that police cannot enter a property just because someone has a dog, so he does not feel police should be able to enter a property just because someone has a beehive. He looked at the permitting requirements (11-B), stating he is fine with it but found it interesting that one of the requirements is the applicant cannot use a fictitious name. He questioned what that means. Mr. Kaszubski replied to inquiry that a fictitious name would be not using a person’s actual name. They want accurate information so if they have a problem or complaint, they know who they are contacting and can verify they have gone through the proper training. Councilman Radtke understands it but stated it sounded strange to him. He added he has a question about Section 12, where it states, “a fully executed maintenance agreement acceptable to the City Attorney, assuring the upkeep and maintenance of, and the prevention of nuisances created by operation of, the beekeeping practices or structures.” He questioned whether that is a promise to keep his property clean. Mr. Kaszubski stated he would expect them to present their site plan, showing the Flyways, the location of the beehive, the maintenance agreement to ensure they have their own water supply, and basically follow the ordinance. They would draft Regular City Council Meeting Tuesday, May 7, 2024 Page 21 it after this passes. It will be a form with bullet points to let them know what is expected of them based on the ordinance. Councilman Radtke questioned whether they will indicate where the beehive will be placed on the property when they apply for their permit. Dr. Parcell replied to inquiry that is their intention. Councilman Radtke questioned whether this would be redundant. Mr. Kaszubski stated they still want a maintenance agreement in place that says they understand and are abiding by the terms of the ordinance. Councilman Radtke stated he is happy to vote for this ordinance, and he hopes his colleagues may consider some of his suggestions. Mayor Pro-Tem Sierawski explained they had bees on the property where she works. She allayed some fears by noting that, while bees cannot be trained, they will stay where their queen is, as long as the queen is alive. They will not travel far from their queen, so the goal is to keep the queen alive and happy. They did the Bees in the D, and once their beekeeper was sent to Spain, Bees in the D took their bees. She indicated it is a very specialized hobby or job, so she does not anticipate having hives all over. She is happy to have this ordinance, and she will be voting in favor of it. Councilwoman Schmidt questioned how readily available the beekeeping classes are. Dr. Parcell replied this is something they had reviewed at Oakland University, and they also had it reviewed at the State. They made sure this was reasonable, although it was phrased differently on their first few drafts as to what the classes entailed. There are people willing to sign off if they visit. He added Bees in the D is a great resource, and there are a lot of great organizations around. They felt training is important. Councilwoman Schmidt questioned whether any of the other communities happened to mention a common issue they have with their beekeeping ordinances. Regular City Council Meeting Tuesday, May 7, 2024 Page 22 Dr. Parcell replied to inquiry that he heard nothing about any issues from other communities. The issue they found was communities were purposefully writing ordinances that removed beekeeping from being possible, or only allowed on rooftops of large industrial businesses. He felt the City walked the narrow line of making it possible while keeping it safe and in areas where it is convenient for residents. Councilwoman Ziarko explained that beekeeping is a labor of love, being very tedious and time-consuming, so she is confident that people who are interested in this will be taking care of their hives. She addressed Councilman Radtke’s suggestion to see the distance from the property line changed to ten feet from twenty feet, and she explained that she would like to see it kept at twenty feet at this time. If the time comes that people indicate they need that change, they would be open to a variance or possibly changing the ordinance in the future. She pointed out they may never have to change it from twenty feet. She suggested if the City could bring in beekeeping experts, possibly through a Parks and Recreation class, it would be helpful for the residents. She would like to see bee hives either by the Senior Center or the Nature Center, noting its educational value for everyone. Mayor Taylor questioned Section 8-54J, which indicates inspections will be performed periodically rather than on a three-year basis, and he is ok with that. He noted that if there is a complaint, an inspection can be made, and a search warrant is not required. He questioned if his neighbor has bees, and he calls to complain because it is too close to the property line, will Code Enforcement go through the gate to the backyard and inspect. He questioned how it will work in practice, because if they have a permit for beekeeping, this ordinance will allow the City to enter their property at any time for any reason and the owner of the house cannot interfere with them. He felt that sounds aggressive. Dr. Parcell understood Mayor Taylor’s concerns, and he understood that this allows for more rapid response in terms of getting to a site should there be delivery Regular City Council Meeting Tuesday, May 7, 2024 Page 23 of twenty hives, or for some other reason. If someone is on vacation for two weeks and they leave the hive unattended, they need to get someone on site quickly to take care of it. He understands the Code Enforcement personnel always announce they are present to the owners or the residents. He deferred this question to the City Attorney. Mr. Kaszubski stated these are great questions, but there are some inherent dangers with beehives that can cause immediate harm. Because it is in the rear yard, the Code Enforcement Officers would have to stop what they are doing, and get an administrative warrant, which is time-consuming. They do not want to overtax their already-overtaxed Police Department but would prefer to have the ability to go in and do an inspection. If their Code Officer sees something amiss, they would knock on the door, request to inspect the beehive, and make sure everything is ok. They do not want to have someone deny them, and at that point they would be forced to leave, obtain a warrant, and come back. It is a tool they would like to have available to them to give them quick access. Mayor Taylor questioned whether anything could be added that would protect the homeowner. He expressed concern that they may have some other activity going on in their rear yard, and they normally would not be able to enter a resident’s rear yard without a search warrant. He questioned if their Code Enforcement Officers are going into the rear yard or other area of the property without a warrant and without the homeowner’s permission, it should not be a way to conduct a warrantless inspection of someone’s property. If they need to inspect the beehive, that is ok, but it cannot be used to conduct a wide-scale inspection of everything going on in the rear yard. He questioned Mr. Kaszubski’s opinion on this. Mr. Kaszubski understands the point Mayor Taylor is making, but the problem is that they do a lot of inspections in the City, whether it is electrical, fire, etc., but if they see criminal activity taking place, they report it. If they limit this to not doing that, and there is a criminal activity that they become aware of as a result of Regular City Council Meeting Tuesday, May 7, 2024 Page 24 gaining access to the rear yard for the purpose of inspecting the beehive, and if they do not report it, there could be consequences if something bad were to happen. Councilman Radtke felt possibly the City should have to obtain an administrative warrant to conduct these inspections. He does not know how long it would take, but to protect the civil liberties of their constituents, a warrant may be the best option. He questioned how long it takes to obtain a search warrant. Mr. Kaszubski replied to inquiry that it could take two to three days, but if a weekend is involved, it could take even longer. Mayor Taylor stated they are not scheduled to give final approval on this for another couple of weeks, and he would like to give this some thought. He felt they need to be very explicit when people are filling out their application for the permit that a search without a warrant is a possibility. He is comfortable that this is a good thing for the City. He pointed out this is not reinventing the wheel, and there are lot of beekeepers who find ways to control the bees. He finds them very fascinating. Yes: All. The motion carried (7/0). Moved by Radtke, seconded by Sierawski, RESOLVED, to introduce the ordinance amending Zoning Ordinance N. 278 to permit hobby beekeeping in all zoning districts in accordance with City Code regulations as an accessory use. Councilman Radtke stated he would be more comfortable removing the warrantless requirement, but hopefully they will have some tighter wording in a couple of weeks. Mr. Kaszubski explained something they can do is to have the City Manager create an Administrative Procedures Order that will lay out when Code Enforcement Officers can go in and when they should not go in so they can build protections. Yes: All. The motion carried (7/0). Mayor Taylor thanked the Planning Commission for their hard work, and he appreciated the thoroughness of this ordinance. 8. CONSENT AGENDA Regular City Council Meeting Tuesday, May 7, 2024 Page 25 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 April 9, 2024 Special Meeting. B. To approve the minutes of the April 16, 2024 Regular Meeting. C. To approve payment of the bills as presented: General Fund - $965,575.81, Water & Sewer Fund - $251,376.22, Other Funds - $3,193,376.79, Total Checks - $4,410,328.82. D. RESOLVED, to accept the proposal by Firefly Drone Shows, LLC, 5105 Williams Lake Road, Waterford, MI 48329 for a drone show at the 2024 Sterlingfest Art and Music Fair at a total cost of $16,500 and authorize the City Manager to sign the service agreement on behalf of the City. E. RESOLVED, to accept the proposal from W.J. O’Neil Co., 35457 Industrial Road, Livonia, MI 48150, for heating and cooling systems maintenance and repair services for a two-year period and authorize the City Manager to extend the pricing, terms, and conditions of the proposal an additional two-year period upon mutual consent. F. RESOLVED, to approve the fiscal year 2024/2025 schedule of regular City Council meetings and direct the City Clerk to post notices in accordance with the Michigan Open Meetings Act. G. RESOLVED, to approve Traffic Control Order #6-85 to prohibit on-street parking, stopping, or standing of motor vehicles on the west side of Dodge Park Road, from Plumridge Boulevard extending north for 1,230 feet. H. RESOLVED, to approve Traffic Control Order #6-86 to prohibit on-street parking on one side of the street or along a cul-de-sac island on select local streets during the annual Sterlingfest Art and Music Fair. I. RESOLVED, to approve Traffic Control Order #6-87 to provide for an additional 90 handicapped parking spaces within the Senior Center parking lot for use during the annual Sterlingfest Art and Music Fair. J. RESOLVED, to: 1. Approve the revised cost sharing agreement for the asphalt resurfacing of Moravian Drive, from Schoenherr Road to Garfield Road, subject to approval by the Macomb County Department of Roads and the Charter Township of Clinton; and, 2. Authorize the Mayor and City Clerk to execute the revised agreement on behalf of the city of Sterling Heights. K. RESOLVED, to purchase 5,500 tons of ‘late fill’ road salt at pricing available through the city of Farmington Hills’ cooperative bid for the 2024/2025 winter season. L. RESOLVED, to purchase comprehensive veterinary and boarding services for animals in the custody of the Sterling Heights Police Department from the following vendors at their respective fee schedules for the period May 8, 2024, through May 7, 2025: 1. Rescue Veterinary Services, 40150 Van Dyke Avenue, Sterling Heights, MI 48313; 2. All About Animals Rescue, 23451 Pinewood Street, Warren, MI 48091; 3. Animal House Pet Services, 15075 E Eleven Mile Road, Roseville, MI 48066; and 4. APAWS Veterinary Hospital, 21300 Kelly Road, Eastpointe, MI 48021. M. RESOLVED, to waive competitive bidding pursuant to City Code Section 2- 217(A)(9)(b) and approve the purchase of dance costumes for the Parks and Recreation Department's annual dance recital from Revolution Dancewear, LLC, 6100 W Howard St., Niles, IL, 60714, Weissman Theatrical Supplies, Inc., 6750 Manchester Ave., Saint Louis, MO 63139, and Costume Gallery, 925 Regular City Council Meeting Tuesday, May 7, 2024 Page 26 Canal St., Building 3, Floor 7, Bristol, PA, 19007, for the period May 8, 2024 through May 8, 2027. N. RESOLVED, to waive the competitive bidding requirement in accordance with City Code Section 2 217(A)(9)(b) and purchase transportation and travel accommodation services associated with Parks and Recreation Department Senior Trips from Bianco Travel & Tours, Inc., 12555 Universal Dr., Taylor, MI 48180, and Carr’s Motorcoach, LLC, 9370 Livernois, Detroit, MI 48204, for the period May 8, 2024, through May 8, 2027. O. RESOLVED, to award the bid, inclusive of alternate bid #1, for Beaver Creek Park Parking Lot Improvements, City Project #24-431, to Best Asphalt Inc., 6334 Beverly Plaza, Romulus, MI 48174, in the amount of $259,631 and authorize the Mayor and City Clerk to sign the project contract on behalf of the City. P. RESOLVED, to: 1. Split the award of the bid for Scott self-contained breathing apparatus (SCBA) parts based upon the lowest unit price bid per part by West Shore Fire, Inc., 6620 Lake Michigan Drive, Allendale, MI 49401 and Argus Group Holdings LLC, d/b/a Premier Safety, 33596 Sterling Ponds Boulevard, Sterling Heights, MI 48312, for a one-year period; and, 2. Authorize the City Manager to extend the bid term for two (2) additional one (1) year periods at the percentage increase bid for years 2 and 3. Q. RESOLVED, to set the public hearing on Tuesday, June 4th, 2024, at 7:00 p.m. regarding the application by ARH Land Holdings, LLC, for a multi- family residential Planned Unit Development, known as Icon Park, on approximately 5.6 acres of land situated on west side of Mound Road, north of 14 Mile; PPUD24-0001. R. RESOLVED, to adopt the resolution designating the month of May 2024 as "National Cities, Towns, and Villages Month " in the city of Sterling Heights. S. RESOLVED, to adopt the resolution designating the month of May, annually, as "Asian American, Native Hawaiian, and Pacific Islander Heritage Month" in the city of Sterling Heights. T. RESOLVED, to adopt the resolution designating the month of May, annually as "Mental Health Awareness Month" in the city of Sterling Heights. Yes: All. The motion carried (7/0). 9. CONSIDERATION A. Mayor Taylor stated this is to consider the request by AJE, LLC, d/b/a Full Throttle Adrenaline Park, to transfer ownership interest in a Class C liquor licensed business located at 42705 Van Dyke from Anthony J. Eckrich to Full Throttle Adrenaline Parks, LLC. He invited the petitioner to speak if he wished to do so. The petitioner was present and stated he is available to answer questions. Moved by Radtke, seconded by Taylor, RESOLVED, that the request by AJE, LLC, d/b/a Full Throttle Adrenaline Park, to transfer ownership interest in a Class C liquor licensed business located at 42705 Van Dyke, from Anthony J. Eckrich to Full Throttle Adrenaline Parks, LLC, by and through a merger, be considered for approval. Councilman Radtke pointed out this is a matter of one corporation absorbing another corporation, and he does not believe there are any changes onsite. Regular City Council Meeting Tuesday, May 7, 2024 Page 27 Councilwoman Ziarko questioned whether the license has already been transferred. The petitioner explained that their Administrative Secretary is handling the affairs with the State of Michigan, and they were instructed they have to appear before City Council in order for it to be approved. He stated this is in the works, but they have been at this location for twenty-five years. Yes: All. The motion carried (7/0). 10. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for public comments. • Sanaa Elias – questioned whether the City intends to fly the LGBTQ flag on the City Campus; stated she and a great number of residents oppose it; commented the only flags flown should be U.S., State, City, and Armed Forces flags, because those are the flags that unite everyone; requested reconsideration on the ban of the 32-gallon garbage cans for the use of yard waste, since the Priority Waste workers already have to come out of their vehicles to pick up the yard waste bags; many residents already have 32-gallon containers and it is easier for them to manage. 11. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated he has nothing further to add this evening. Councilwoman Ziarko recalled discussing Community Development Block Grant (CDBG) fund approval, and Councilman Radtke had requested they receive the information sooner, if possible. She has no problem with getting the information earlier, but she felt it is important that Council does not micromanage the Commission’s decisions. Receiving the documentation earlier would give them time to explain what they are doing, but she reiterated she does not want to micromanage any of the Commissions. Councilwoman Ziarko stated they invite people to come to Dodge Park for Music in the Park, Patios and Pints, and Sterlingfest; however, there is a sewer in the area that gives off an odor all summer. She recalled talking one time about having it put underground, but they determined they could not afford to do so. She questioned whether they could do some research to see if that is a possibility, especially considering all of the park improvements they made and the money they invested. She clarified she is not requesting it at this time but is something she would like to give some thought to. She explained that EGLE had indicated Regular City Council Meeting Tuesday, May 7, 2024 Page 28 that they would offer a workshop on recycling to Sterling Heights residents. Priority Waste agreed to come in and help, and SOCRRA (Southeastern Oakland County Resource Recovery Authority), their recycling center, also said they would send a representative. She would like to see a workshop involving these three companies, and she felt it would be an advantage for all. Councilwoman Ziarko stated at the last African American Coalition Meeting, the group is getting larger, and they have a lot of ideas. One of their goals was to bring a program, either during Black History Month or around Juneteenth, called “A Thousand and One Inventions.” This is a play about what our lives would be like if African Americans had not invented certain inventions. She thought it would be interesting to bring together CommUNITY Alliance, African American Coalition, and Community Relations to see if this could be brought to fruition. She did not know whether they would have to buy a license and so they can find people to do the play, or whether they actually bring it to the community. She questioned whether next Monday is when residents can start putting out their old GFL recycling carts for disposal. Mr. Vanderpool replied that is correct. Councilman Radtke stated that yesterday, he, along with Councilwoman Ziarko, Councilman Yanez, and Mr. Inks and Mr. Graf from the Sustainability Commission, visited SOCRRA, and he found it to be a very positive experience. He has heard people claim that all recycling ends up in a landfill, and he assured that it does not. It goes to SOCRRA, and they said they process 60.5 tons per hour. There are about thirty-five employees, it is all mechanical, and they have magnets and conveyer belts, but it is mainly sorted by hand by their employees. He explained the City does not make a profit on recycling, but SOCRRA indicated they were profitable last year, turning a profit of $1.4 million, with brown cardboard, metal, white paper being the most profitable, and plastic bottles being the least profitable. It was a great learning experience, and it allays a lot of the fears of this material going to a landfill. They indicated that they have less than three percent contamination, and Regular City Council Meeting Tuesday, May 7, 2024 Page 29 although it happens very rarely, it is not frequent, and they are proud of their efficiency. He stated he enjoyed seeing how this was done so quickly. He is glad their recycling is going to that location. Councilman Radtke questioned whether the last recycling center has now been closed. Mr. Vanderpool replied affirmatively. Councilman Radtke stated he has heard the City Attorney is bringing forth an ordinance to require recycling at condominium associations and apartment buildings that do not currently subscribe to recycling. Mr. Kaszubski replied to inquiry that is correct. Councilman Radtke explained he receives a lot of complaints from people who say they are in a condominium association, and they cannot recycle. He assured it is coming, and he referred to Mr. Vanderpool’s earlier comment that they are trying to reach a goal of 75 percent participation in recycling, which is best practice. The City is years behind, but it is good for the environment, so he hopes people consider recycling. It stops landfill waste, and it makes for a more sustainable, environmentally friendly city. He questioned Mr. Vanderpool as to whether there are upcoming improvements to the odor control facility on Utica Road. Mr. Vanderpool replied to inquiry that is correct. The Macomb Public Works Office plans to install two new odor control filtration systems on 15 Mile Road once they complete their work in that area this fall. They will install the same on Dodge Park, including one on Sorrento that will look like a single-family home and encapsulate that device to control and filter the odor. There is also a plan for Utica Road and Dodge Park; however, he does not believe the filter will be buried at that location. He added that, even if they are updating it, it may be worth looking to see if there is an option to put it underground. Councilman Radtke appreciated that, and he agreed with Councilwoman Ziarko that the odor in that area can be distinctive. He felt if they are talking to the Macomb Public Works Office about facilities, he felt there is an unsightly control facility/metering station at 15 Mile and Dodge Park, surrounded by large yellow Regular City Council Meeting Tuesday, May 7, 2024 Page 30 bollards. He complained that is unsightly and hoped there is a way the Macomb Public Works Office could produce a way of decorating it better or burying it. Councilman Radtke commented that his father is upset to find out he cannot use his current yard waste cans, and Priority Waste is charging $120, which includes a credit card fee, for a yard waste container. He is on a fixed income and found it very frustrating to either buy yard waste bags that will get wet or purchase a $120 cart. Since yard waste is the one thing that is still going to be collected by a two- man crew, he cannot see why they cannot allow residents to use 32-gallon cans for their yard waste. He understands they sometimes blow around, and that is what they are trying to eliminate, but asking senior citizens to pay $120 for yard waste carts is frustrating. He hopes they can think about this. Councilman Radtke addressed the subject of flag rules, requesting clarification that if Council designates a flag to be flown, that is an expression of City Council, not the public- at-large. Mr. Kaszubski responded that if the City Council asks for a flag to be on the flagpole, it is public speech, so it is not an individual group flying their flag. They prohibit the flagpoles from being used by specific groups. Councilman Radtke expressed frustration when residents argue that City Council represents a small voice in the City, and there is some other “large” voice in the City that they are not hearing. He pointed out every four years they go before the voters, and it is the voters that determine who will be representing them on Council. The candidates are all at-large and independently elected, so the elected Mayor and Council members are the voice of the City. Councilman Radtke addressed the topic of the Community Development Block Grant (CDBG) program. He questioned whether it is true that the CDBG Commissioners cannot suggest projects for funding, but they are given a slate of projects by City Administration to vote on. Regular City Council Meeting Tuesday, May 7, 2024 Page 31 Mr. Kaszubski clarified that CDBG and the Commission can suggest projects to others to bring forward, just like anyone else, but if they bring a project forward on their own and submit an application, they cannot vote on it because they cannot have an interest in that project. Councilman Radtke questioned whether they can suggest that they would like to see more sidewalks in an area, and as long as they are not the contractor for that item, they could still vote on it. Mr. Kaszubski clarified that they do not give up their rights to speak as a citizen in the City when they are serving on that board; however, they have to weigh the projects brought forward using very specific criteria to determine whether it passes the requirements for CDBG. If that is the case, they can recommend approval, but whether that project ultimately comes forward for review will be determined by Administration and staff. Councilman Radtke summarized the CDBG Commission can only approve or deny what is offered by Administration. He questioned whether they have any control over their agenda. Mr. Kaszubski replied to inquiry that when it comes to reviewing CDBG proposals brought to them, they do not, because they are looking at the CDBG guidelines and whether those projects meet those guidelines. It is their job to review the projects that come forward from Administration and staff and make the determination as to whether they meet the criteria of CDBG funding, then make their recommendation to City Council. Councilman Radtke stated his overall objection to the CDBG process is that it is administration-driven, and the Commission only has the ability to vote yes or no on what Administration submits to them. He explained that since City Council oversees Administration, he would like City Council to take a firmer view of the CDBG process. He felt he can decide whether or not something follows CDBG guidelines. He stated that is why he would like the recommendation forwarded to them thirty days prior, so if Council wants to make changes to the Regular City Council Meeting Tuesday, May 7, 2024 Page 32 recommended allocation, they have the opportunity to do so. He has talked with the Commissioners and commented that they would like different projects but are not being provided with those projects, so he would like to make sure City Council is taking a firmer view of the program. Councilman Yanez talked about their tour of SOCRRA. He indicated he was asked a couple of days ago whether recycling material actually gets recycled or whether it ends up in the landfill. He explained the material goes to SOCRRA, and he found out if they are closed, there are two backup facilities, so he assured their recycling all gets recycled. He asked whether the taxpayers fund it, or whether it is funded through the products they sell, and they informed him the only thing they have to pay to get rid of is glass; however, they turn a profit, so they make more money than what they spend. Without objection, he would like City Management to organize and host a town hall meeting on recycling. Mayor Taylor questioned whether there were any objections to Councilman Yanez’s request, but no one voiced any objections. Councilman Yanez commented that they do not get in the way of the job duties of City employees, but the jobs of boards and commissions is to advise City Council. He recently mentioned the request at a City Council meeting to make their City Charter gender-neutral but it was not approved. He was going to go to CommUNITY Alliance and pitch his idea to them and ask them to advise City Council on their thoughts about having a gender-neutral Charter if they agreed with his idea. He commented he was uninvited to their meeting until the City liaison informed her boss that the Alliance had invited a City Council member. He could not understand why he could not show up to any board or commission meeting and take part as a citizen, and he expressed his frustration. Councilman Yanez noted in the bills that the City paid $4,000 to store rain barrels, and he questioned this expenditure. Mr. Vanderpool replied to inquiry that he would have to look into the bill but there was a time when the company was storing rain barrels for residents who had Regular City Council Meeting Tuesday, May 7, 2024 Page 33 reserved them but did not pick them up, so there was a charge; however, they worked through that with the company, but he offered to provide Councilman Yanez with more information. Councilman Yanez could not understand why the City should have to pay $4,000 to store rain barrels that were not picked up. He felt that is a lot of money. He noted there was a line item in the bills for “Mr. Scott Kalinowski” in the amount of $25,000 for professional services at Velocity. He questioned what type of professional services were provided for $25,000. Mr. Vanderpool stated there are a number of service providers at Velocity, and they contract with them because they are not full-time employees. Mr. Kalinowski is one of a handful of contractors who they work with on the Small Business Grant Program and other business incubation and acceleration services. Councilman Yanez recalled at the last meeting, Councilman Radtke requested a rundown on surrounding communities that charged fire inspection fees. He questioned whether City Administration is working on a report to provide to Council. Mr. Vanderpool replied affirmatively. He replied to further inquiry that they will have that information soon. Councilman Yanez referred to the budget that was approved this evening and the talk about succession planning in approving the position of an Assistant City Manager. He would like to have communication from Mr. Vanderpool on a timeline as to when he anticipates he and Mr. Bahorski will separate from service. Mayor Taylor stated he objects to that request and felt it is inappropriate. He emphasized this is not the place to deal with this, and it is not an appropriate question, adding that Mr. Vanderpool should not be required to answer it. He commented it is well within Councilman Yanez’s rights to have a private conversation with Mr. Vanderpool and ask him about his long-term plans and long-term goals. Regular City Council Meeting Tuesday, May 7, 2024 Page 34 Councilman Yanez pointed out that Mr. Vanderpool works at the behest of City Council, and they just approved a budget that includes the expenditure of $200,000 for a second Assistant City Manager based on succession planning. He clarified it could be a private conversation, but he felt Council, as his employer, needs to have an idea of his long-range plans. He assured there is no wrong answer, but he would like an idea. Mayor Pro-Tem Sierawski stated to clarify a point, succession planning does not mean “exit planning.” She explained that succession planning is to build a team and have support for each position, but it is not an exit plan for each position, and there is a big difference. She liked Councilwoman Ziarko’s suggestion about the sewer situation, and she asked Mr. Vanderpool for clarification on the proposed house-like enclosure over the sewer. Mr. Vanderpool stated it will be located at Sorrento, and there are actually four locations where they will be installing odor-control devices. Mayor Pro-Tem Sierawski anticipated they would not want to construct that type of building at Dodge Park and Utica because it would distract traffic and would not create a safe driving situation. She would support something underground at that location. Mayor Pro-Tem Sierawski stated she loves the trash bins, adding she has filled her recycling bin twice. She would support an option to the paper yard waste bags, noting that they get soaked in the rain. She suggested possibly pursuing an option, even next year, so they do not have to use the paper yard waste bags. She questioned whether there are any more rain barrels available. She indicated she has had her name on the list since the beginning, but she has never been called and never received one. Mr. Vanderpool stated he is glad to hear there is no preferential treatment, but assured he will look into it to see where her name is on the list and get back to her with that information. Regular City Council Meeting Tuesday, May 7, 2024 Page 35 Councilwoman Schmidt spoke on the earlier comments about Mr. Vanderpool and the approval of a second Assistant City Manager as part of a succession plan, she felt they all know Mr. Vanderpool well enough that when he makes the decision to exit the City of Sterling Heights, he will be professional enough to give them his plan ahead of time so they can plan for his replacement. She commented it is out of line to ask him to even suggest his plan at this time. Councilwoman Schmidt stated that since her colleagues visited the recycle center, there has been a great debate now that they have started universal curbside recycling. In the past, only plastic items that had specific numbers on them would be accepted for recycling, and they were not allowed to recycle green and brown glass. She questioned whether anything was mentioned about the numbered plastics. She suggested that could be addressed during their workshop, and she further suggested that workshop be televised over and over so residents have an opportunity to see it. Councilwoman Ziarko stated she was surprised to see empty containers of Tide Detergent, Prestone Antifreeze, Maxwell House Coffee, and other containers scrunched into one big cube. She does not know how they cleanse the Prestone Antifreeze containers. The recycling center gets almost nothing for the crushed water bottles. She recalled they did not ask about numbers, but she is aware they do have different numbers, so that would be a good question. She confirmed it is not in any of the literature. Councilman Yanez explained there is an automated system that reads the density of the plastic, and there are automated arms that pick up and separate out the plastic items. Councilwoman Ziarko asked if they have a chart for the City’s bins, but they indicated that because the commodity market changes so much, they do not put a label on because there are some items they may collect now and not collect in the future, or they may add items in the future that are not currently allowed. Regular City Council Meeting Tuesday, May 7, 2024 Page 36 Councilwoman Schmidt questioned whether green and brown glass is now permitted. Councilwoman Ziarko stated it is all broken together in one large heap. Councilman Radtke stated that is the one item they have to pay to have recycled. Councilwoman Schmidt stated it was not on any of the literature they received as to whether any numbers on the plastics are not being accepted. Regarding the yard waste containers, she raised the question about having regular 32-gallon containers. The answer she received was that in the contract it states it must either be their container or the paper yard waste bags. Councilwoman Koski reminded that the Police Department recognizes Police Week and will host a Law Enforcement Day Memorial Ceremony on Thursday, May 16th at 1 p.m. It will be held at the pavilion in front of the Police Department, and in the event of rain, the ceremony will take place in Council Chambers at the same time on the same date. She urged anyone available to join them in this memorial ceremony. Mayor Taylor addressed the comments about flying the LGBTQ flag at the City Campus. He has observed over the last several years that someone comes to the podium to address City Council, and without any evidence or verification, they can make a blanket statement that “the vast majority of the City” does not want something. He stressed the City of Sterling Heights is diverse and representative of the country-at-large. They are a good cross-section of America, and he talked about polling numbers as to what people think about the LGBTQ community. He cited statistics that about 90 percent of people think the LGBTQ community should have broad equal rights, 80 to 90 percent feel they should be able to serve in armed forces, about 70 percent feel they should be able to get married, and about 80 percent of the community feels they should not be discriminated against in housing, jobs, or equal rights. He pointed out this has drastically changed in a positive way in the last twenty years. He stressed that City Council has taken a stand on these issues and that they are not going to be silent because these are Regular City Council Meeting Tuesday, May 7, 2024 Page 37 members of the community, are welcome here, and will be recognized that they are welcome here. Mayor Taylor pointed out that several of the current City Council members were on Council when they were the first to pass a Human Rights Ordinance to protect members of the community, yet he emphasized they all got reelected, so he felt the residents support the position of City Council. He stressed even if it is not supported by the great majority of residents, it is the right thing to do, and he will lose an election doing the right thing. 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 are four (4) items for Closed Session this evening. Moved by Ziarko, seconded by Schmidt, RESOLVED, to recess into Closed Session. Roll Call Vote: Yes: Koski, Radtke, Schmidt, Sierawski, Taylor, Yanez, Ziarko. No: None. The motion carried (7/0). The meeting recessed into Closed Session at 9:41 p.m. The Council adjourned from Closed Session at 10:58 p.m. Moved by Radtke, seconded by Taylor, RESOLVED, to authorize the City Attorney to pursue all available remedies to abate the nuisance conditions and code violations existing at 33265 Sebastian Lane. Yes: All. The motion carried (7/0). 14. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: All. The motion carried (7/0). The meeting adjourned at 10:56 p.m. MELANIE D. RYSKA, City Clerk