[0:00] Hello, and welcome to the Shelby County Board of Trustees meeting here on April 21st, 2020.

[0:06] Tonight, we are broadcasting to you from various locations by way of video conferencing.

[0:12] This format is very different, and I do apologize in advance for any technical issues that we may have here tonight.

[0:19] I don't think we'll have any, though, because we've got Nick Monticelli at the control.

[0:24] He's actually the production guy, and he's doing a great job.

[0:27] So if you have any ideas, you can put complaints.

[0:31] Nick's the guy.

[0:32] Thanks, Nick.

[0:32] Good job on everything.

[0:34] We're all working together to meet township services

[0:41] for a residence during these very trying times.

[0:45] As we work through our challenges,

[0:47] we remember that there are many of our neighbors

[0:50] and friends and family members suffering

[0:52] through much more tonight than what we can ever imagine.

[0:55] And let us also remember our friends and neighbors who are working harder than ever to maintain

[1:00] our society and support our families.

[1:03] And I'm always impressed by the support our township shows for our first responders with

[1:08] the Shelby Township Police and Fire Departments.

[1:11] And it's no surprise that support has only grown during these times.

[1:16] And I want to thank all the residents in Shelby Township for supporting our first

[1:20] responders as well as all of our health care workers and other people going to work every

[1:25] day to keep us safe. All of us are in this together and we all have a role to play to

[1:32] navigate through this very complicated crisis. At Township Hall, rest assured that we, our

[1:38] Board of Trustees, and our more than 300 employees will continue to meet and exceed

[1:44] or exceed your expectations, coronavirus or not. And please know also that we feel

[1:50] very thankful and blessed to be doing our part. So with this in mind I'd like to

[1:55] start with the invocation if you want to bow your heads.

[2:02] Dear Lord please watch

[2:03] over all of our men and women who work protecting others. We pray for police

[2:08] officers, firefighters, the Department of Public Works, healthcare

[2:12] professionals, clergy, grocery store workers, postal workers, delivery

[2:17] drivers and all people who selflessly maintain their pulse to ensure our

[2:24] safety and comfort during these times. We pray that they may have safe shifts and

[2:30] come home to their families every night and that you safeguard them from any harm

[2:35] in illness. We pray that through all the trials they see that they remain

[2:41] compassionate and caring toward all. And please put our end to this illness and

[2:48] suffering and deepen our faith as you call us to trust in you through this

[2:54] crisis as it like you do at all times. In Jesus' name, amen. Let's stand for the

[3:03] The

[3:08] United States of America stands one nation under God and indivisible with liberty and

[3:22] justice.

[3:23] Amen.

[3:38] Mr. Groh, please take the roll call.

[3:42] I think it's Mr. Supervisor Lisa Christian here, Michael Flynn here, Emily Grott here,

[3:52] Rick Staffiches here, John Remuelan here, Vince Viviano here, Elena Wilhelm all

[4:04] presence mr. Chairman thank you mr. Grott and next we'll do the approval

[4:09] the consent agenda? Is there a motion to approve the consent agenda that has been presented?

[4:14] Mr. Chairman, I move to approve the consent agenda as follows. Minutes board meeting by 17th, 2020.

[4:29] special board meeting, April 2nd, 2020, to approve minutes as presented,

[4:39] the extension

[4:41] of municipal water service installation and system repair contract, move to concur with

[4:49] the recommendation director of public works, David Miller, and extend the current water

[4:56] Water Service installation and system repair contract

[5:00] for 90 days after the municipal offices

[5:04] are officially open to the public.

[5:08] And C cancellation of May 5th, 2020 regular board meeting.

[5:14] Move to cancel the regular meeting

[5:17] of Board of Trustees for May 5th, 2020.

[5:22] and bill running the amount of 1,062,838 dollars and 53 cents move to

[5:34] approve the bill running that amount and Mr. Supervisor I move to approve the

[5:41] consent agenda as presented.

[5:45] Okay and by the way before anybody makes a second

[5:47] if anyone wants to make a second just put your hand up and then I'll call on

[5:52] you for a second. Okay, so motion made by Mr. Grote, seconded by Mr. Ramulan.

[5:59] Any

[5:59] comment? Okay, we'll go ahead and take roll call. Stanley Grote, yes. John Ramulan.

[6:06] Yes. This Viviano. Yes. Will Helm. Yes. Lisa Cassali. Yes.

[6:18] Michael Flynn.

[6:22] Michael

[6:22] Michael Flynn?

[6:23] He's muted.

[6:27] Michael's muted.

[6:28] Yes?

[6:31] Yes.

[6:32] Yes.

[6:33] And Rick Stafford?

[6:35] Yes.

[6:36] Motion carries.

[6:38] Okay.

[6:39] Thank you very much.

[6:39] Mr. Monselli, can you please put the agenda up?

[6:49] Okay.

[6:50] The first agenda item will be the Saw Grant extension.

[6:53] Gordie Wilson from AEW is a fantastic j-

[6:57] for a point there.

[6:59] It was questionable whether or not we could.

[7:01] So we'll talk more about that or he will. Number two, Bill Morton for Leo

[7:06] Brown Group will talk to us about proposing a psychiatric hospital on

[7:15] parcel number 23073612026. Number three, resolution addressing the

[7:22] the state of Michigan response to

[7:24] number

[7:29] essential

[7:30] you

[7:34] please

[7:40] number seven nine one one

[7:43] communication technician new hire

[7:45] in the police department number eight

[7:47] sidewalk ordinance amendment and

[7:49] amendment to chapter

[7:50] 46 general provisions

[7:52] Number nine, the Ward of Contract Sidewalk Maintenance Services.

[7:57] Number 10, the Washington Agreement Amendment.

[8:00] Number 11, Van Dyke and North Central Intersection Signal Incineration.

[8:05] And number 12, the IT Infrastructure Equal.

[8:08] And then we also have poll session.

[8:11] Steelgrave versus Shelby Township.

[8:14] Mr. Grote, I think I got everything.

[8:16] You do?

[8:16] And I'm going to make a motion to approve.

[8:20] Present it.

[8:25] Okay, go ahead. Mr. Groth, you made a motion. Somebody second, please. Would anyone like

[8:33] to second? Just put your hand up. Okay. Second by Mr. Groth, seconded by Ms. Wilhelm. No,

[8:41] it's Mike, Mike Flynn. Take a roll call for all votes tonight. So go ahead and call

[8:47] the votes. Mr. Groth. Stanley Groth, yes, Mike, Mike Flynn actually made a motion,

[8:55] I believe. Seconded, pardon me, seconded. Yes.

[9:02] Rick Stavikas. Yes. John Vermeulen.

[9:09] John Vermeulen. Yes. Ms. Viviano. Yes. Lynn Wilhelm. Yes.

[9:20] Lisa Casale. Yes. Motion carries.

[9:23] Okay very much. Residents now is your opportunity to address a board regarding

[9:29] any of the items on the agenda this evening. Your comments on pursuant to

[9:34] board policy are limited to three minutes. Please keep in mind that while the

[9:38] scope of your discussion at this point of the meeting should be limited to

[9:41] agenda items you will also have an opportunity at the end of the meeting to

[9:45] discuss a wider range of topics that relate to township business. Anyone

[9:50] one from the public. Okay,

[9:57] one once, twice. Okay, here we go. First agenda item, the Saw

[10:03] Grant extension with this first item, our Starship engineers AEW.

[10:28] Thank you for that, Gordy. Given the impact of COVID-19, it makes sense

[10:36] to the township to review the asset management plan prior to the submission of the SAW grant application

[10:43] May I have a motion?

[10:52] Mr. Supervisor?

[10:53] Ms. Casali.

[10:55] I move to receive and file the SAW grant extension as presented.

[11:02] Art.

[11:03] Support by Ms. Casali made the motion supported by Mr. Viviano. Any discussion?

[11:11] I just want to say

[11:13] Gordy, I know you put a lot of work into this. Is there anything you want to say?

[11:21] Okay, now go ahead.

[11:23] Okay, I just wanted to say we had a lot of discussion with Dave Miller and the DPW.

[11:27] And in light of the circumstances and the value of this tool to the community long term,

[11:32] we felt that it was important that we get an extension that is thoroughly understood by all.

[11:38] Okay, thank you. Anyone else?

[11:43] Okay, roll call please.

[11:45] Lisa Casale.

[11:48] Vince Viviano.

[11:51] Ben Wilhelm.

[11:52] Yes.

[11:53] Michael Frenn.

[11:54] Yes.

[11:55] Stanley Grot.

[11:56] Yes.

[11:57] Rick Stafficus.

[11:58] Yes.

[11:59] John Romulan.

[12:00] Yes.

[12:01] Motion carries.

[12:02] Okay, thank you, Mr. Grot.

[12:05] Our next item here,

[12:06] we're asked to give consideration

[12:07] to the applicant's request for a special land use

[12:10] for a proposed senior psychiatric hospital

[12:14] located on the east side of Schener south of 21 mile road.

[12:18] The site is little more than two acres

[12:21] and is currently zoned office service.

[12:24] The planning commission held a public hearing

[12:26] on March 9th, 2020,

[12:28] and unanimously voted the special land use.

[12:32] Motion please.

[12:37] Mr. Supervisor.

[12:39] Ms. Will-Hell.

[12:41] I move to concur with planning commission

[12:42] and approve special land use site plan number 2006.

[12:48] Bill Morton for Leo Brown's group proposing a geriatric psychiatric hospital on

[12:53] parcel number 230736 10026 based on the following the proposed use of the site

[13:03] for a geriatric psychiatric hospital is consistent with the development pattern

[13:07] in that area the development of this site will not interfere or discourage

[13:11] the development of a budding property and the submission of a revised site

[13:15] plan is required incorporating applicable review comments from Township

[13:20] Departments and Engineer.

[13:24] Okay. Motion made by Mr. Hill and it by Mr. Flynn. Any

[13:29] discussion? Yes. What's your remuner? Yes, I have a couple questions for Julie.

[13:38] Julie, the question I have for you is who's the primary target market of this?

[13:43] Is this going to be a forensic psychiatric facility?

[13:47] Or will this be something go to where people

[13:50] who suffer from depression and other mental issues?

[13:54] Mr. Vermeulen, these people will be coming from nearby

[14:00] hospitals or primary care physicians,

[14:03] psychiatrists and psychologists with majority coming

[14:07] from skilled nursing facilities.

[14:10] So this will be an inpatient facility,

[14:13] 23 beds the average length of stay according to the applicant is from 12

[14:19] to 15 days kind of like a short-term rehabilitation center. All the patients

[14:25] will be 65 and older and for the most part they will be trying you know the

[14:32] patients will be transferred to this hospital not by emergency purposes per

[14:36] say but they will be patients that are suffering from depression, acute

[14:41] cognitive confusion related to dementia or Alzheimer's. While the primary diagnosis

[14:48] of these patients will be psychiatric, the program would be able to treat those

[14:54] with the common secondary issues related to these types of illnesses.

[15:00] So it's not dealing with the criminally mentally ill, it's dealing with people who have Alzheimer's to mention other associated issues, suicidal, for that reason.

[15:10] That is correct. That is correct.

[15:16] Okay, any other comments, discussion? Okay, Mr. Grove, please take the roll call.

[15:25] Michael Flynn, yes, Stanley Grote, yes, Rick Stafficus, John Romulan, yes, Vince Viviano,

[15:34] yes, Lisa Casale, yes, motion carries. Okay. Thank you, everybody. Item number three resolution

[15:41] addressing the state of Mr.

[15:47] Stanley Grote and I have asked the board to consider

[15:49] this next item. With this resolution, the Township Board tonight has asked to send a message to our

[15:54] governor that we do support executive orders that will serve to reduce the spread of COVID-19

[15:59] virus so that the curve may be flattened. However, many of the items in the governor's order are

[16:06] examples of her going a bit too far in terms of restrictions that will not serve to meaningfully

[16:12] slow the spread of the virus. Instead, Michigan should adopt standards that align

[16:16] with a centered disease control to mitigate the transmission of the virus. People should be able

[16:24] to buy garden supplies, plant their spring gardens, or buy can of paint to touch up work

[16:32] in compliance with the CDC rules. Governor Whitmer has, should issue a new public health executive

[16:38] order. U.S. Representative Paul Mitchell has stated this position publicly, and I would agree,

[16:44] and I know Mr. Grove does too, and that's why we are addressing the board tonight.

[16:50] Tonight we are asking the board to consider and pass this resolution in support of laying

[16:55] out an executive order that is more in line with what the federal government recommends.

[17:00] Our residents in Shelby Township deserve to have professional long-care service when those

[17:06] companies are not responsibly following or I should say when those companies are

[17:12] act responsibly and do indeed follow federal rules. Board tonight, I hope you

[17:18] will consider supporting this resolution this evening. Who would like to make a

[17:22] motion? Mr. Chairman, I move to approve the resolution addressing the state of

[17:28] Michigan's response to COVID-19.

[17:34] Second, the part. A motion made by Mr. Grote,

[17:38] seconded by Ms. Casali. Mr. Grote, is there anything I missed that you would

[17:42] like to add? Well, I think we can read the resolution. Laura White is ready to read the

[17:51] text of the resolution. So let's go on Laura White and let's put that out there in language

[18:04] that is written. Okay, Ms. White, if you could please read the resolution in its entirety.

[18:10] Thank you. Resolution addressing the state of Michigan's response to COVID-19 and the

[18:16] request to the governor's office to consider an amendment to the executive order 2020-42.

[18:22] Whereas on March 10, 2020, the Michigan Department of Health and Human Services identified the first

[18:28] two presumption positive cases of COVID-19 in Michigan. And whereas in response to the spread

[18:33] of COVID-19 in the state of Michigan, Governor Gretchen Whitmer on March 10, 2020,

[18:39] issued Executive Order 2020-4, declaring a state of emergency across the state of Michigan

[18:45] under Section 1 Article 5 of the Michigan Constitution of 1963, the Emergency Management

[18:51] Act MCL 30.401 at SEQ and the Emergency Powers of the Governor Act of 1945, MCL 10.31 at

[19:04] SEQ. Whereas on March 23, 2020, the governor issued governor's executive order 2020-21,

[19:12] temporary requirement to suspend activities that are not necessary to sustain or protect life,

[19:18] order 2020-21. The stated purpose of order 2020-21 was, in revelant heart, to suppress the

[19:27] spread of COVID-19, to prevent the state's health care system from being overwhelmed,

[19:32] home, to allow the time for the production of critical test kits, ventilators, and personal

[19:37] protection equipment, and to avoid needless deaths. It is reasonable and necessary to direct

[19:42] residents to remain at home and in their place of residence to the maximum extent

[19:47] feasible. Whereas on April 9th, 2020, the governor issued Order 2020-42, which essentially

[19:56] rescind it and restate it order 2020-21 and extend it the stay at home mandate order 2020-42.

[20:06] While the stated purposes of the orders remained on change, order 2020-42 places additional restrictions

[20:12] on those businesses which are deemed essential. For example, home improvement stores are allowed

[20:18] to stay open but only to sell products necessary to maintain the safety, sanitation,

[20:22] and basic operations of residences.

[20:25] Requiring stores like Home Depot to close its paint section,

[20:29] flooring section, and outdoor gardening center

[20:31] and continue to restrict landscaping, lawn care,

[20:34] tree service, irrigation,

[20:35] and related outdoor maintenance companies from operating.

[20:39] Whereas the Charter of Township of Shelby

[20:41] understands the gravity of the pandemic

[20:43] and the intent of the order to prohibit in-person work

[20:46] that is not necessary to sustain or protect life.

[20:50] Order 2020-42 Section 1, as well as the mandate that no person or entity shall operate a business

[20:57] or conduct operations that require workers to leave their homes or places in residence,

[21:03] except to the extent that those workers are necessary to sustain or protect life or to

[21:07] conduct minimum basic operations. Order 2020-42 Section 4, whereas as a result of the executive

[21:15] orders shall be township residents along with all Michigan residents have complied

[21:19] with these orders in spite of the restrictions placed upon their ability to work outside their

[21:24] homes and earn a living to support themselves and their families. Many locally owned businesses

[21:28] have been forced to close and more than one million people in the state of Michigan can't

[21:33] file for unemployment. Whereas the charter township of Shelby acknowledges that the initial

[21:38] terms of these executive orders were set forth to reduce the spread of COVID-19 virus and

[21:43] to flatten the curve of new cases in order to ease the strain upon the healthcare system

[21:48] that also acknowledges the suggestion posed by members of the state legislature to consider

[21:53] an amendment to these orders designating business sectors of our society by a different classification

[21:59] that of safe or unsafe as more reasonable way to manage this public health challenge while

[22:04] avoiding further damage to our economy and the lives of the residents and business owners.

[22:09] Whereas Shelby Township Police Department is fielding calls and responding to a wide

[22:13] range of essential services complaints, which causes a burden that makes it more difficult

[22:18] to respond to emergency matters and run routine crime prevention patrols.

[22:24] Whereas U.S. Representative Paul Mitchell stated in part, the governor should issue a public

[22:29] health order that aligns with the Centers for Disease Control Guidings to mitigate the

[22:34] transmission of the virus rather than her current, more restrictive, arbitrary executive

[22:39] order.

[22:39] The CDC guidelines lay out a very specific steps to protect public health that were developed by experts.

[22:46] Businesses can ensure people remain six feet apart, properly sanitized, set up sneeze guards and protective barriers,

[22:53] promote proper hand washing and cleaning techniques for their employees,

[22:57] while also protecting customers with similar guidelines.

[23:00] People can buy gardening supplies to plant their spring gardens or buy a can of paint for touch-up work

[23:05] and compliance with the CDC guidance to prevent the spread of COVID-19, instead of needlessly

[23:11] setting down large sectors of the economy and further restricting the lives of residents.

[23:16] Whitmer should issue a new public health executive order and enforce the order upon

[23:20] those blatantly violating CDC guidelines to try to repress April 4th, 2020, whereas the

[23:27] Charter Township of Shelby is in support of the position to establish a revised public

[23:31] health order as suggested by the esteemed members within the United States Congress.

[23:36] Now, therefore, be it resolved, the Charter Township of Shelby Board of Trustees hereby

[23:41] adopts this resolution as a record of its request to Governor Whitmer to consider

[23:47] the classifications or designations of essential businesses and amend

[23:50] parts of the executive order 2020-42 to provide for or allow certain businesses

[23:57] within the community who can adopt safe social distancing measures pursuing to

[24:01] strict health and safety guidelines as promulgated by the Center for Disease

[24:06] Control and Prevention to operate for those employees to safely return to

[24:11] the workforce.

[24:14] Okay thank you very much Laura and I would ask if there are any

[24:18] questions or comments now would be the time. Mr. Supervisor Laura the

[24:25] The Detroit Free Press article was written April 14th, you stayed at April 4th.

[24:32] So that's a correction, every now and then it looks good.

[24:38] Thank you.

[24:39] And I will say too, I think it was April 9th, it was a Thursday.

[24:42] I was on a phone for eight, nine hours just with people wanting to cut lawns and that's

[24:48] really kind of what got us going.

[24:49] I know Mr. Groke had the same situation and they were calling you, they were calling

[24:54] me and I know some of you got phone calls as well. So, we promised them that we would

[25:00] do something in terms of resolution. So, hopefully, I'm not going to say this will suffice,

[25:05] but it will be a good step forward in letting the governor know she's gone too far.

[25:12] Any other questions? Go ahead and we'll do a real call. Thank you.

[25:16] Stanley Grote, yes. Lisa Casale. Yes. Michael Flynn. Yes. Rick Stavakas. Yes. John Ramilin. Yes.

[25:26] Vince Viviano. Yes. And Len Wilhelm. Yes. Martian Carries. Okay, great. Thank you very much.

[25:33] This next one, we have another resolution tonight in response to government state home,

[25:39] say, state executive order. This resolution is actually authored by Lisa Casale, Stan Grode,

[25:45] myself and we had Rob Huth, of course, write it. But this resolution covers a loophole that

[25:52] needs to be addressed by the governor. Currently, the order has restrictions placed on, and I quote,

[25:57] non-essential medical and dental procedures, unquote. This portion of the order covers

[26:03] procedures such as dental cleanings and any other procedure that a dentist, a doctor, surgeon,

[26:10] government or other licensed medical provider decides is not, quote, necessary to address

[26:16] a medical emergency or to preserve the health and safety of a patient, unquote.

[26:23] Now what is not covered by these restrictions are elective abortions as a governor has

[26:28] done nothing.

[26:29] He's done nothing to interfere in these procedures despite their direct impact

[26:34] on the state's health care system.

[26:36] So this resolution is asking the governor to close this loophole and make sure that these procedures are not contributing to an increased burden on our healthcare system in a spread of COVID-19 virus.

[26:51] Mr. Chairman.

[27:04] Motion.

[27:04] not essential. Second. Okay, a motion made by Mr. Rhoads seconded by Mr.

[27:14] Vermeulen. And I'm going to ask Ms. Laura White to read that it's it's quite

[27:21] lately but I think it's important that is right. Yep. And before we do that Ms.

[27:27] Casala you have any comments since you were one of the authors? No just in

[27:31] full agreement and supportive of our we're suggesting so go ahead all right

[27:39] resolution addressing the state of Michigan's response to COVID-19 and a

[27:44] request to the governor to issue new orders that state non-essential

[27:47] abortions procedures are not an essential service as previously defined

[27:51] and actually I'm sorry executive order 2020-17 whereas on March 10th 2020 the

[27:59] Michigan Department of Health and Human Services identified the first two presumption positive

[28:04] cases of COVID-19 in Michigan. And whereas in response to the spread of COVID-19 in the

[28:09] state of Michigan, Governor Gretchen Whitmer on March 10, 2020 issued executive order 2020-4

[28:16] declaring a state of emergency across the state of Michigan under Section 1 Article 5 of the

[28:21] Michigan Constitution of 1963, the Emergency Management Act, MCL 30.401 at

[28:28] SEQ and the Emergency Powers of the Governor's Governor Act 1945, MCL 10.31 at

[28:36] SEQ. Whereas on March 20, 2020, the Governor issued Governor's Executive Order

[28:43] 2020-17 temporary restrictions on non-essential medical and dental

[28:48] procedures. Order 2020-17. The stated purpose of Order 2020-17 was, in

[28:55] Revolent Part, to mitigate the spread of COVID-19, protect the public health,

[28:59] provide essential protections to vulnerable Michealanders,

[29:04] and ensure the availability of healthcare resources.

[29:07] It is reasonable and necessary to impose temporary restrictions on non-essential

[29:10] medical and dental procedures. Emphasis added. Further, the Order 2020-17

[29:16] defines a non-essential procedure as a medical or dental procedure that is not necessary to address

[29:22] as a medical emergency or to preserve the health and safety of a patient as determined by a licensed

[29:27] medical provider. Whereas, pursuant to order 2020-17, certain healthcare businesses or

[29:34] operations are required to implement a plan to temporarily postpone all non-essential procedures.

[29:40] Whereas on March 23, 2020, the governor issued governors in second of order 2020-21.

[29:48] Temporary requirement to suspend activities that are not necessary to sustain or protect life, order 2020-21.

[29:56] The stated purpose of order 2020-21 was

[30:00] To prevent the state's health care system from being overwhelmed, to allow time for the production of critical test kits, ventilators and personal protection equipment, and to avoid needless deaths, it is reasonable and necessary to direct residents to rooming at home or in their place of residents to the maximum extent feasible.

[30:21] Whereas the first enumerated section of Order 2020-21 states that this order must be construed

[30:28] broadly to prohibit in-person work that is not necessary to sustain or protect life.

[30:34] Order 2020-21, section 1, emphasis added.

[30:38] Section 5, whereas Section 5A and B logically defines those workers who are necessary

[30:44] to sustain or protect life as critical infrastructure workers as those workers in healthcare and

[30:50] public health but also require those businesses and operations to restrict

[30:54] in-person activities that are not necessary to sustain or protect life

[30:58] must be suspended until normal operations resume. Order 2020-21, section 5A,

[31:05] the emphasis added. Whereas on April 9th 2020 the governor issued order 2020-42

[31:11] which essentially rescinded and restated order 2020-21 and extended

[31:17] at the stay-at-home mandate, Order 2020-42, whereas the effect of Order 2020-21 on health

[31:25] care businesses and operations was wide-ranging and impacts entities whether or not they meet

[31:31] the definition of covered facility and as Order 2020-17 still remains in effect, it

[31:38] continues to impact the scope of procedures that health and care businesses and operations

[31:42] are required to postpone. Whereas the Charter Township of Shelby understands the

[31:48] gravity of the pandemic and fully supports the intent of the order to

[31:52] prohibit in-person work that is not necessary to sustain or protect life.

[31:57] Order 2020-42, Section 1. Whereas on March 14th, U.S. Surgeon General Jerome

[32:03] Adams tweeted the hospitals and health care systems should consider

[32:07] stopping elective procedures amid the COVID-19 outbreak.

[32:13] Whereas on March 18, the Centers for Medical and Medicaid Services, CMS, part of the Department

[32:20] of Health and Human Services that oversees hospitals and providers released a recommended

[32:25] three-tiered decision-making guidance document for hospitals entitled non-emergent elective

[32:31] medical services and treatment recommendations.

[32:33] The CMS urges hospitals and providers to consider these guidelines when limiting non-essential

[32:40] adult elective surgery and medical and surgical procedures, including all dental procedures.

[32:46] The stated purpose for the adoption of the guidelines is to aggressively address COVID-19.

[32:51] CMS recognizes that conservation of critical healthcare resources is essential.

[32:57] In addition to limiting exposure of patients and staff to the virus that causes COVID-19,

[33:02] CMS also recognizes the importance of reducing burdens on the existing health system and

[33:08] maintaining services while keeping patients and providers safe.

[33:11] Whereas the Charter Challenge of a Shelby also acknowledges that CMS tiered guidelines

[33:18] also state, when determining the risks and benefit of planned procedures, not only must

[33:24] the clinical situation be evaluated, but resource conservation must also be considered.

[33:30] but decisions remain the responsibility of local healthcare delivery systems and those

[33:35] surgeons who have direct responsibility to their patients. Whereas, relatedly, CMS National

[33:41] Coverage Determination, NCD, or abortion 140.1 may further establish a general precedent

[33:50] for situations or events when abortion is deemed essential and limits it to 1, if the

[33:56] pregnancy as a result of an act of rape or incest, or in the case where a woman suffers

[34:01] from a physical disorder, physical injury, or physical illness, including a life-endangering

[34:07] physical condition caused by or arising from the pregnancy itself, that would, as certified

[34:13] by a physician, place the woman in danger of death unless an abortion is performed.

[34:18] Whereas the Charter Township of Shelby supports the argument for, I'm sorry,

[34:23] of life from the moment of conception and supports a hospital's decision to ban non-essential

[34:30] abortion procedures during the state of emergency within the state of Michigan.

[34:34] Whereas the Charter Township of Shelby further supports a general definition of an essential

[34:39] surgery as surgery that is required when there is a threat to a patient's life if

[34:44] the particular surgery or procedure is not performed.

[34:47] Whereas non-essential surgical abortion procedures or elective surgical abortions

[34:52] require personal protection equipment and close contact between patients, doctor and their staff

[34:59] that could very likely contribute to the spread of COVID-19. Whereas the Charter Township of

[35:04] Shelby acknowledges the initial terms of these executive orders were set forth to reduce the

[35:09] spread of the COVID-19 virus and to flatten the curve of the new cases in order to ease the

[35:15] strain upon the health care system. Whereas despite the intent of these executive order,

[35:21] Governor Whitmer is not inferring with the medical community when performing non-essential

[35:27] surgical abortion procedures, whereas the Charter Township is in support of the Governor

[35:33] amending her executive orders to ban non-essential surgical abortions procedures during the

[35:38] state of emergency within the state of Michigan.

[35:41] Now therefore be it resolved the Charter Township of the Shelby Board of Trustees,

[35:45] hereby adopts this resolution as a record of its request to Governor Whitmer to

[35:50] amend and second of orders to ban non-essential surgical abortion procedures

[35:54] during the state of emergency to address the COVID-19 pandemic.

[36:01] Good job, Laura.

[36:06] Basically all we're saying is that unless there's life endangered, some kind of

[36:13] condition as such. Abortion is not medically necessary and should not be

[36:18] allowed during this crisis. That loophole should not be exploited as we believe

[36:22] it is being exploited. So, any other discussion? Yes. Mr. Flynn. I agree with

[36:33] the concept, Mr. Chairman, but I just I think it's more a matter of fairness.

[36:37] If you're going to allow abortion, you should allow knee replacements.

[36:43] You

[36:43] that are causing extreme discomfort,

[36:45] putting people in wheelchairs, et cetera, et cetera.

[36:47] So a different side of the same coin.

[36:49] Thank you, Mr. Chairman.

[36:51] Yeah, thank you, Mr. Flynn.

[36:54] Anybody else?

[36:55] Mr. Vemuelan?

[36:56] Yes.

[36:58] Yes, I'll tell you, I think that this points

[37:00] to the governor's poorly conceived notion

[37:04] of exactly what's necessary to people's health

[37:06] and what is not.

[37:08] And I'll tell you, I have a friend from high school.

[37:10] He's on a heart transplant list.

[37:12] He cannot even get the appropriate testing to make sure that when a recipient does come in

[37:18] That he can get a heart from it's not being done

[37:22] Where is the concern for life and all this it points to one more inconsistency. It's just inappropriate with common sense

[37:29] It's incompatible, and it's unconstitutional. Thank you

[37:32] Thank you anyone else

[37:36] Okay, real call, please

[37:37] Uh, Stanley grot. Yes. Uh, John Bremulan. Yes. Benz Viviano. Yes. Then Wilhelm. Yes.

[37:46] Lisa Cassali. Yes. Michael Flynn. Yes. And Rick Stathnikus. Yes. Motion carries.

[37:53] Well, Mr. Grover, will all of those resolutions be sent to the governor when? Tomorrow. We're

[38:00] going to, I'm going to, we're going to address it with, uh, Rob Hoot, what's the best

[38:04] way to go about it and we get them out tomorrow. Okay overnight email and

[38:11] whatever else you can think of. Not only that but I think we need to put it out

[38:16] to the public in a form of press releases that we're not going to stand by

[38:23] overreach by our governor and misrepresenting what is really

[38:32] important to sustain life or what's not? Can you please contact Brad Bates

[38:39] tomorrow so he can cover that in a couple releases? Absolutely I will thank you.

[38:43] Thank you very much. Okay item number seven here the Human Resources Director

[38:49] Ms. Lisa Suda and our police chief Robert Schleit. Hold on, hold on.

[38:57] Mr.

[38:58] Oh, sorry. Okay. Reopening the time. I'm going to let you take it from here. I know you're

[39:06] working on a plan to open our offices when that becomes time to do so. And would you like

[39:15] to expand on that? I know that we have a target date of either April 30th or March

[39:20] 1st, but that can change depending on the direction of the governor. Is there anything

[39:25] Mr. Supervisor, Board Members, Joe Youngblood, Director of Parks and Recreation, and myself

[39:31] have been working for the past few days to put together a plan based on the township's

[39:37] needs and kind of working off of the federal opening of America again plan in phases.

[39:45] Mr. Youngblood has been working to secure the physical barriers and PPE, and I'm going

[39:53] to be working with department heads.

[39:55] So this evening, the two of us are asking

[39:56] for your authorization for us to act on behalf

[40:01] of the township to get everyone back into the buildings,

[40:05] although we have been working all of this time.

[40:08] Mr. Youngblood, did you have anything to add?

[40:10] I think you summed it up pretty well, Lisa.

[40:13] So thank you.

[40:15] Hey, Mr. Youngblood, I apologize

[40:16] for leaving you out unintentionally,

[40:18] but I know you've been working on some approaches

[40:20] to opening up the parks.

[40:22] Very comprehensive, you showed me some of the plans.

[40:25] Good job on that.

[40:26] And I know you, Ms. Brown, have been talking about this

[40:28] and working on this for a couple of weeks.

[40:30] So if you've got anybody.

[40:31] Thank you.

[40:32] Take a motion.

[40:39] Ms. Casali.

[40:41] Yes, I moved to authorize the Human Resources Director

[40:45] in Parks, Recreation and Maintenance Director

[40:47] to coordinate the effort to reopen township offices

[40:50] and facilities in compliance with the state of Michigan

[40:53] and federal opening up like America again guidelines or motion made by Mrs.

[41:01] Cassali seconded by Mr. renewal any discussion okay

[41:08] roll call flow yes

[41:09] Miss Suda okay roll call please Lisa Cassali yes John Vermeulen yes Vince

[41:19] Viviano yes in Wilhelm yes Michael Flynn yes Stanley Grot yes Rick

[41:25] Next applicant, motion carries.

[41:28] Thank you both very much.

[41:30] Next item, Human Resources Director, Mrs. Lisa Suda

[41:34] is asking our board tonight to consider a revision

[41:37] to the job description for the fleet

[41:39] and service coordinator.

[41:41] The revision includes changes to the job duties

[41:44] of the individual and adds a supervisory responsibility

[41:48] for the police cadet program.

[41:51] Did I get that right, Ms. Suda?

[41:53] Yes, you did.

[41:55] Motion please

[41:57] Mr. Remuelan

[42:02] what mr. Remuelan

[42:08] mr. Remuelan having problems with the audio

[42:11] Okay

[42:17] Mr.

[42:21] Remuelan can you hear me I?

[42:24] Guess can't hear me the muted. I

[42:26] Can't occasionally hear you but my bandwidth is low right now. I can hear him coming in and out made a motion

[42:34] Go ahead. You made a motion. No. This is Kasali. Go ahead.

[42:39] I move to concur with the recommendation of Human Resources Director Lisa Suda and

[42:44] approve the job description for the position of Cadet and Fleet Supervisor,

[42:48] formally titled Fleet Service Coordinator, as presented and to revise the pay rate

[42:54] for the position as negotiated for Article 2.3b of the Municipal Supervisory Employee's

[43:01] collective bargaining agreement as presented and effective April 1st 2020 with the General Employee

[43:08] Civil Service Commission to be advised of said actions. Second. Motion made by Mr. Casali,

[43:16] seconded by Mr. John Romulan. Any discussion? Mr. Rowe. Mr. Casali. Yes. John Romulan. Yes.

[43:28] Yes. Vince Viviano. Yes.

[43:30] Lynn Wilhelm. Yes.

[43:32] Michael Flynn. Yes. Stanley Grot. Yes.

[43:35] Rick Stapkins. Yes. Motion carries.

[43:37] Okay. Thank you very much.

[43:39] Next, our Human Resources Director again.

[43:42] This is Lisa Nasuda.

[43:44] And our police chief, Robert Schleid,

[43:46] are requesting a township more to approve

[43:48] one entry level 9-1-1 communication technician

[43:51] to fill one of the two vacancies in the department.

[43:54] The applicant has been selected from the current eligibility list and a background investigation

[44:00] has been completed.

[44:02] If the Township Board approves tonight, the technician will begin as soon as possible.

[44:09] Motion please.

[44:13] Thank you.

[44:15] Ms. Cazale?

[44:17] Yes.

[44:17] I move to concur with the recommendation of Human Resources Director Lisa Sudo and

[44:21] approve the hire of Christina Brown, a probationary entry-level 911 communication

[44:28] communication technician from the current 9-1-1 communication technician eligibility

[44:31] list. A background investigation has been completed and employment will

[44:36] commence effective on a date still to be determined. The

[44:40] selection of this individual was made in full compliance with all applicable

[44:43] regulations and procedures.

[44:47] Motion by Mr. Casali, seconded by Mr. Renil. Any discussion?

[44:54] Roll call please.

[44:54] Are you sick of Sally?

[44:57] John Vermeulen.

[44:59] Yes.

[45:00] Vince Viviano. Yes.

[45:01] Linda Wilhelm. Yes.

[45:03] Michael Flynn. Yes.

[45:05] Stanley Grot, yes. Rick Stafficus. Yes. Yes.

[45:09] Archie Carries. Okay, great.

[45:12] Next, our building director, Mr. Tim Wood, who's with us tonight,

[45:16] has asked the board to consider an amendment to the sidewalk ordinance

[45:20] and the ordinances in general.

[45:22] Mr. Wood worked with the township attorney to draft language that will

[45:25] allow for some flexibility

[45:27] in terms of deferrals for sidewalk installation and for the resolutions for

[45:32] those matters that end up at the district court. Would you like to add

[45:36] anything Mr. Wood? No, but I'd be glad to answer any questions that the board may

[45:41] have. Motion please.

[45:46] Yeah, Mr. Viviano. Mr. Chair, to approve an ordinance

[45:51] amending Chapter 68, Article 9 of the Charter Tonship of Shelby Code

[45:55] ordinances to revise the regulations regarding sidewalks within the township and to provide

[46:01] for a civil responsibility violation within the township providing for repealers,

[46:07] severability, penalties, and effective dates. Second. Motion made by Mr. Viviano,

[46:14] seconded by Mr. Flynn. Any discussion? Okay, roll call please.

[46:20] Vince Viviano. Yes. Michael Flynn.

[46:25] Yes. Michael Stanley Grote. Yes. Rick Stavikas. Yes. John

[46:30] Vermeulen.

[46:34] John Vermeulen. Yes. Lynn Wilhelm. Yes. And Lisa Kastali. Yes. Motion carries.

[46:42] Okay. Thank you very much. This next item, I thank you, Ms. Tudor, for coming here tonight.

[46:47] We do appreciate your input. This next item is also on the agenda tonight at the request

[46:52] of our building department for Mr. Tim Wood.

[46:55] Mr. Wood is recommending that the Township continue

[46:58] its relationship with the current contractor

[47:00] has worked on sidewalk restoration projects

[47:03] for the Township.

[47:05] On board, you may recall that this matter was out to bed

[47:09] in a company of, I think it's called the Ouija,

[47:11] rural land and sun was by far the lowest bidder.

[47:16] The Township engineer and Mr. Wood

[47:18] have discussed the contract and timelines

[47:20] and cleanup requirements with the contractor

[47:24] if this matter is approved tonight.

[47:26] And I will say, Mr. Wood,

[47:28] I know that there were some problems with this contractor,

[47:30] but given a low, low bid that he put in,

[47:33] we're gonna try to work him out, is that correct?

[47:35] Yes, we had myself, the township engineer,

[47:38] spent some time with the contractor,

[47:40] and we're satisfied that he is going

[47:42] to improve performance going forward.

[47:44] Okay, motion please.

[47:46] Charlie,

[47:53] I'm glad you came to work tonight.

[47:56] To bear with the recommendation of the Township Engineer and award Sidewalk Maintenance to

[48:00] Luigi Fernandi and Son Cement at an estimated cost of $134,692.75 for the carryover of

[48:09] 2019 Sidewalk Maintenance Program and the unit cost outlined in the bid for the

[48:14] 2020 Sidewalk Maintenance Program.

[48:17] It is anticipated that the total cost of the Township will be $24,000,

[48:20] with the remainder of the cost to be reimbursed

[48:22] by property owners, funds to cover township costs

[48:25] to be taken from Capital Improvement Fund,

[48:30] item 427442967510.

[48:34] Motion made by Mr. Flinn, seconded by Mr. Rowe.

[48:40] Oh, Len Wilhelm.

[48:41] Thank you.

[48:42] Mrs. Wilhelm, thank you.

[48:44] Okay, any discussion?

[48:47] Roll call please.

[48:49] Michael Flynn. Yes, Linda Wilhelm. Yes, Lisa Casale. Yes, Stanley Grot. Yes, Rick Stafficus. Yes,

[48:58] John Romulan. Yes, and Vince Viviano. Yes, motion carries. Okay, Mr. Wood, I want to thank you for

[49:06] your hard work. I know this has been a long ordeal and Mr. Gordy Wilson, thank you as well.

[49:12] But I think we've come to a good conclusion. It sounds like the sit down you had with

[49:16] with this contractor was a good one.

[49:17] And we'll find out soon.

[49:19] Thank you very much.

[49:20] Thank you.

[49:22] Next, the cost share agreement for Utica States.

[49:26] We're asked to consider a cost sharing agreement

[49:28] with the Macomb County Department's roads

[49:30] for road repairs on Utica State's Drive.

[49:33] If approved tonight,

[49:34] the project will run from 21 mile road

[49:37] to Shadywood Court.

[49:38] The total cost of the improvements

[49:40] is approximately $960,000.

[49:43] dollars the proposal we are considering is a 50% match and of course

[49:50] will be paid by Macomb County Department of Roads Gordy did I get that

[49:55] right?

[49:59] Okay motion please. Mr. Chairman. Ms. Cazale.

[50:06] Ms. Wilhelm. Ms. Wilhelm. Okay I'm sorry.

[50:10] I move to concur with the recommendations of the Township Engineer and amend the

[50:14] cost share agreement between the Charter Township of Shelby and the

[50:18] Macomb County Department of Roads for Utica States.

[50:21] Drive from 21 mile road to Shadywood Court for an estimated cost of

[50:25] $302,504 to $483,158 and amend the budget accordingly.

[50:32] Or motion made by Mrs. Wilhelm, seconded by I think it was Mr.

[50:39] Vemuelan. Viviano. Viviano, I'm sorry. By the way, Ms. Wilhelm, I'm

[50:44] I'm sorry about missing you twice now.

[50:46] You're in it.

[50:46] That's okay.

[50:47] I just asked Nick to move you down a little bit

[50:49] so you're not so far up.

[50:51] I'm right next to you.

[50:53] You know, so we're just kind of going

[50:56] where they're rolling with the punches.

[50:57] No problem.

[50:58] Okay, thank you very much.

[51:00] So we have a motion on the floor.

[51:01] It's been seconded and by Mr. Viviano.

[51:04] Any discussion?

[51:07] Okay, we'll go ahead and please take the roll.

[51:10] Is it to Wilhelm?

[51:12] Yes.

[51:12] Vince Viviano?

[51:13] Yes.

[51:14] Lisa Casali?

[51:15] Yes, Michael Flynn. Yes, standard grunt. Yes, Rick Stephakas. Yes, John Romulan. Yes, motion carries. Okay. Thank you very much

[51:27] Gordie Wilson, I think you're on now

[51:29] I was gonna ask if you had any input you want to add anything to what we just did because I know you worked hard on it

[51:33] No, I know we've worked really well with the

[51:36] Macomb County Department of Roads. They were very helpful in this

[51:39] The project started off with trying to maintain the existing drainage system.

[51:44] It was very flooded in your pact as I had shown drainage.

[51:48] If you want, I can share that with the public or we can go on to the screen.

[51:53] I think it's pretty funny and extraordinary that the deal was made out in a parking lot.

[51:57] But, Dylan, thank you very much.

[51:58] I mean, hey, really, I'm sure you'll be able to, thank you very much.

[52:02] Okay.

[52:03] Next, the Van Dyke and North Central Park Intersection signal.

[52:07] You know, here a request of our township engineer,

[52:10] we are asked to consider approval for a traffic signal

[52:13] at the intersection of Van Dyke in North Central Park.

[52:16] The cost for the installation of the traffic light

[52:18] will be in excess of $365,000.

[52:22] There is no cost to the township, however,

[52:24] the board will receive a proposed maintenance agreement

[52:27] from the county, which will require the township

[52:29] to pay an estimated $2,000 per year

[52:33] toward the cost of maintaining the signal.

[52:35] Do I have that right? Mr. Miller is it $2,000 per year? Correct? Yes. Okay.

[52:45] Motion by Mr. Flynn.

[52:47] I concur with the recommendation. I challenge the engineer and select mass arm

[52:51] signalization for the Van Dyke Avenue and North Central Park intersection and

[52:55] advise the department of roads to begin the approval process and create

[52:59] a cost-shared agreement for board approval.

[53:04] motion made by Mr. Flynn seconded by was that you Mr. Viviano yes okay got it

[53:11] right any discussion how did John Vermeer and move to the corner he was right

[53:17] there the whole time can you put miss Wilhelm here where I can see her I can't

[53:23] move never mind okay speak very loudly miss Wilhelm when you want to make a

[53:27] motion. Oh, you're fine. No worry. No worries. Anyway, let's go ahead and take a vote.

[53:34] Mr. Flynn. Yes. Yes.

[53:37] This video. Yes. Lin Wilhelm. Yes. Lisa Casale. Yes. Stanley Grot. Yes.

[53:43] Rick Stafford. Yes. And John Ramuels. Yes. Motion carries. Okay.

[53:50] Gordie Wilson from AEW. Thank you very much. You have on both of these.

[53:54] very nice thank you next with this item tonight based on what we asked to

[54:00] consider a capital improvement plan what was considered that's been suggested by

[54:05] our IT professional Beth case if approved tonight this project will include

[54:10] backup hardware backup software in an update for implementation services since

[54:15] many employees are working remotely due to the COVID-19 virus this is a matter

[54:20] that should not be delayed and should move forward as soon as possible.

[54:25] Motion?

[54:30] Ms. Casali?

[54:31] I move to concur with the recommendation of Beth Case and upgrade the infrastructure systems

[54:36] of the township at a cost of $39,800.

[54:40] Support?

[54:42] Motion made by Ms. Casali and seconded by Ms. Wilhelm.

[54:46] Thank you.

[54:47] Any discussion?

[54:50] Okay.

[54:51] Take a vote, please.

[54:52] Lisa Kassali. Yes, little home. Michael Flynn. Yes, Stanley Grot. Yes, Rick Stavikas. Rick Stavikas. Yes. Yeah, John Vermeulen.

[55:09] Hello, John.

[55:11] John. Yes, Vince Viviano. Yes, yes. Motion carries. Okay, that ends the agenda. We have just gone through it. Thank you very much. I presume there are no township

[55:22] announcements and listen John you have some seriously does anybody have any

[55:26] announcements now okay okay so everybody stay safe right amen to that

[55:33] everybody say safe is right okay so now it's time for our business from the

[55:38] floor we conduct township business here consistent with the way business

[55:41] here each figure will be allowed up to three minutes to discuss this that's

[55:47] relevant to the operation.

[56:21] Yes, I have a question here. I did send an email prior to the meeting regarding a question for the agenda, and I did not hear that those questions answered.

[56:31] Speaking.

[56:39] Who was on the call? Excuse me, who was on the call?

[56:46] Grant, Glassa.

[56:48] That's correct.

[56:51] Glassa.

[56:54] He sent an email in prior.

[56:57] Go ahead, Grant.

[56:58] So my question was regarding I believe it was agenda item number nine. We go back my email here

[57:07] I only did what was instructed by the Shelby Township website. So let me go back

[57:15] My question is how many bidders were there for the sidewalk contracts? Who were they and do any children or family members of board members work for the selected contractor?

[57:48] members associated with that contractor if they do speak up now no one's speaking

[57:53] up and I think that's it I think I've answered your question thank you very

[57:58] much okay

[58:03] the business from the floor I'll close and now we will go into

[58:07] closed session I would like a motion please make a motion to go on closed

[58:13] session.

[58:16] Okay, motion made. Is there anything you want to add to the motion? Mr. Hoot? I just

[58:21] wanted to further respond to the question that was submitted a minute ago regarding the number of

[58:28] bids on the sidewalk. Yes, yes. There were quite a few bids last year in 2019 for the sidewalk

[58:38] project and that contract at those prices was extended for this year. So was bid we

[58:46] received proposals and then that was in 19 extended to 20 so I just want to

[58:51] clarify that.

[58:56] If I would be allowed to we have two

[59:00] two bids on the project, Luigi Fernandi and Great Lakes Contracting, and there was a $100,000 difference in two bidders on the project.

[59:10] We've made that again, we didn't hear you.

[59:12] Yeah, Luigi Fernandi and Sun Cement Companies bid on the project, and Great Lakes Contracting on the project, and Luigi was a little better by far.

[59:25] And what was that interview?

[59:27] Mr. Wood, I know you were on that as well, do you have any input?

[59:32] No, I just concur that I'm looking at the bid tabulations right now.

[59:36] Two contractors, Luigi Fernandi, Great Lakes Contracting.

[59:42] Great Lakes Contracting was 75% higher than the low bidder, Luigi Fernandi.

[59:50] Okay. Okay. Let's go back. Mr. Hoot, add anything to the motion?

[1:00:00] Nothing for the motion regarding closed session.

[1:00:02] The motion was made by Mr. Viviano, seconded by whom?

[1:00:06] Mr. Remuelan.

[1:00:08] Could we please take roll call on that, Mr. Grote?

[1:00:13] Yes, Vince Viviano.

[1:00:15] Yes.

[1:00:16] All right, John Remuelan.

[1:00:18] Yes.

[1:00:19] Lynn Wilhelm.

[1:00:23] Lynn Wilhelm.

[1:00:27] Yes.

[1:00:29] Lisa Casale.

[1:00:30] Yes.

[1:00:31] Michael Flynn.

[1:00:33] Yes.

[1:00:33] Stanley Grot.

[1:00:34] Yes.

[1:00:34] Yes, and Rick Stafficus.

[1:00:36] Yes.

[1:00:37] Motion carries.

[1:00:38] We are adjourned.

Board of Trustees Regular

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