There were two especially substantive unanimous and one
split decisions:
- With only weeks to go and six months after
cavalierly approving Arts, Beats & Eats, the
city is still struggling to find sufficient parking
space and is far from comfortable with its progress
toward assuring sufficient staffing, including
volunteers, to deal with parking locations as
distant as Hazel Park. Reluctantly, CITCOM approved
an amorphous deal with the private company now
managing our parking structures to take care of the
whole ABE mess -- for a less-than-clear final fee.
The seriousness of all this is that only income from
parking stands to provide a profit, rather than a
loss, to the city. Something as simple as a couple
days of bad weather can kill any possibility of
profit.
- Approved two, denied one, and sent back
for revision one of the four proposed City
Charter Amendments from the Charter Review
Committee: Approved were (A) the proposal to
provide that the Mayor Pro Tem succeeds to the
office of mayor in the case of resignation or
permanent disability of the mayor and (C) Changing
the time for induction into office of newly elected
officials from noon, the First Monday in December
after the election to the First City Commission
meeting in November after the election results have
been certified. . . . Denied was (B) the
proposal to allow mid-term commissioners to remain
in office after becoming a candidate for mayor. . .
. Sent back for modification (D) the proposal
to allow vacancies on the commission to be filled by
the losing candidate who had received the highest
number of votes in the most recent election. CRC
Chairman Ron George promised to have the revised
version in their hands for next week's meeting.
- The major split decision was after what to
regular city hall watchers feel is the hundredth
look at the Fencing Ordinance. After
discussion revealed the unreasonableness of amending
a city ordinance after only a couple of "spite
fences" had caused complaints, CITCOM voted not
to amend the ordinance. The vote to defeat the
First Reading was 2-5, with No-votes from
Andrzejak, Drinkwine, Ellison, Rasor, and Semchena.
- There was a fourth to-do when a couple of the
commissioners found it impossible to distinguish
between the item on the agenda, which was simply to
establish a hearing date re the Medical Marijuana
Moratorium, and the nature of the proposed use of a
piece of property for a medical marijuana clinic --
which is to be the subject of the hearing.
Other decisions dealt with routine issues like lot
splits. The second split decision had to do with a
paving assessment.
The gunslinger moment
During Public Comment, three or four individuals -- at
least one openly carrying a handgun -- warned the
city that the language in the Arts, Beats & Eats
contract which bans legally carrying of firearms in the
festival area is illegal. Enforcing the language, they
said, would leave the city and ABE liable to legal
action. The comments were made quietly -- not counting
the rather arrogant pitch by a self-declared attorney --
and Mayor Jim Ellison reported that he and
the city attorney are among those who had received
emails from the group. (Although I did not see
them while watching on TV, there was reference to
several gunslingers in the audience.)
During Public Comment, Commissioner Drinkwine
asked the lawyer if he is a Royal Oak Resident. The
lawyer isn't. The next speaker preempted any such
question by opening his statement with "I am a Royal Oak
resident."
After the CITCOM meeting ended and before
adjournment. Drinkwine went on what can only be
described as a rant. He demanded immediate action by
city Staff to ban weapons in the commission chambers or
in the building. He wanted the Police Department to
place armed officers in the back of the chambers to
protect everyone in the room. As he went on, the number
of officers required ranged from 6 to 1. Commissioner
Jim Rasor, in a quieter tone, chimed in with a milder
request for action. Somewhere in there, Drinkwine
suggested he might come to meetings carrying a gun.
Both commissioners found it hard to believe that
the city does not have the authority to ban legally
carried sidearms. Modern technology came to the rescue
when City Attorney David Gillam used his laptop
to call up the case history about Ferndale's failed
attempt to enforce such action. And Police Lieutenant
Barry Gale used his hand-held what-you-call-it to
call up the several exceptions to that restriction. They
included churches, hospitals, courts, and bars -- but
not city halls or public buildings in general.
Which led someone to suggest that since Arts,
Beats and Eats will be "one large bar" the city
should be able to prohibit firearms in the
festival area.
19 July 2010, part 1
Gunslingers at
CITCOM - 2
Pistol-packing militants irritate and bore
I'm pro-gun, but the second appearance at CITCOM of those
gunslingers-with-a cause makes it easier for me to
understand why neutrals who saw either performance by these
guys (no gals) comes away despising their cause. It
was a circus, complete with a couple of them carrying his
laptop to the lectern and reading his speech off the monitor
-- the poor man's teleprompter.
Arrogantly citing chapter-and-verse of this or that state
law, they continue to threaten, threaten, threaten. Not to
shoot anybody, but to carry their guns during Arts, Beats &
Eats and to sue the city and ABE if there is any attempt to
restrict that carrying. Without naming the commissioner,
they repeated and challenged some of his ill-advised ranting
from last
week's CITCOM meeting. God bless him, though, he was one
of two at The Table who refused the demand from one clown to
publicly announce their name and home address before he
would announce his. Juvenile posturing.
I'm not questioning their rights, I'm
questioning their judgment. That judgment is obviously
distorted by their unthinking zeal. Our city officials have
the resources to decide how, or whether, to take on this
group of gun nuts, but it's fun to be bored and irritated by
them.
The rest of the CITCOM meeting
was routine, and I'll summarize it next week.
19 July 2010, part 2
Beyond the gunslingers
19 July CITCOM
meeting, Part 2
Once the gunslingers
finished their
circus act during
Public Comment last week, CITCOM
got to work and
accomplished routine
business.
-
Reluctantly but
unanimously approved
the agreement for
paying the
Oakland County
Sheriff's Office
for its coming help
in policing the
Arts, Beats & Eats
festival. There was
some grumbling that
Royal Oak taxpayers
already pays those
guys and surprise
that the city has to
pay overtime rates
("not even a
discount?"). In
a later news report
a Sheriff's Office
spokesman commented
that the
department doesn't
offer free service
to a for-profit
event,
suggesting that any
comparison with
their work on the
Woodward Dream
Cruise is misguided.
-
On a 4-3 vote,
thought they had
approved a proposed
Charter Amendment
which had been
revised at CITCOM's
request. A
correction to the
Synopsis-Minutes
pointed out that a
change to the
charter requires
a super majority,
so it failed. Voting
against the
amendment were
Drinkwine, Poulton,
and Rasor. The
amendment would call
for the next best
vote-getter in the
latest election to
be appointed to fill
a
commissioner-vacancy
which occurs within
the first year after
the election.
-
Unanimously
authorized City
Manager Don Johnson
to proceed with
adjusting AFSCME
hours to 32 per week
and to close City
Hall and Department
of Public Services
office any one day
per week as he
deems necessary. The
details are a bit
confusing, since
some employees will
be working in city
hall, even though
the facility will be
closed to the
public, and there
may be changes as
collective
bargaining
continues. Friday
is the day city hall
will be closed.
-
Voted 6-1 to approve
the Liquor Control
Committee's
recommendation to
grant the transfer
of liquor license
from Memphis
Smoke to Cantina
Diablo. Because
Diablo had agreed
not to have not even
piped-in music on
its rooftop, there
was a bit of
confusion over
whether the
extensive
sound-proofing
installation still
needed to be
installed.
Especially since the
petitioner has made
it clear that he
will be back seeking
permission to have
music, that
sound-attenuating
installation is part
of the approval.
Capello voted No,
saying, "This isn't
just a transfer;
it's an expansion."
-
Very clear, yet
detailed, budget
amendments were
unanimously
approved. Go to the
CITCOM meeting's
agenda on the
City's Website
for those details.
-
Although Rasor
suggested there is
no need to rush, he
joined in making
unanimous the
decision to request
City Attorney Dave
Gillam to draft an
ordinance intended
to "protect" for
recreational
purposes several
parcels of land near
Thirteen Mile and
Coolidge. The
ordinance will be
placed on the
November ballot. If
approved, only
another vote by the
residents could
reverse the
decision.
-
As part of
visualizing Royal
Oak "ten years from
now," Rasor
introduced the
concept of a
"Central Park"
replacing the
parking lot outside
city hall. No action
was required but he
has planted the idea
-- which local
architect Frank Arvan has
dreamed of for years
and which he
supported during
Public Comment.
09 Aug 2010
About firearms and
marijuana
51 residents and
visitors address
CITCOM
Sixteen people spoke
for and against the
wisdom of openly
carrying firearms at
"the wrong time and
place," even though
it's legal.
Thirty-five spoke
for and against
permitting the
establishment of a
commercial medical
marijuana-growing
facility in Royal
Oak.
Exaggerating a bit, about half of each
group of speakers threatened to sue the city, if officials make the wrong decision.
About the gun-thing, specifically as it
pertains to Arts, Beats & Eats, City Attorney Dave
Gillam will prepare pertinent language in time for next
week's CITCOM meeting. About the proposed medical marijuana
facility, specifically about exempting the petitioner
from the current moratorium, it seems certain that, at
least for now, it ain't going to happen. At a previous
meeting, the petitioner seemed to threaten legal action,
based on the hardship on the owner of the property if he is
not permitted to rent his vacant building.
The audience was so heterogeneous that
both pro and con speeches were applauded during the two
debates. The arguments were made emotionally at times, but
there was solid reasoning there, too, and I'll prepare a
helpful summary for next week's VersagiVoice.
For now:
About carrying arms during the Arts, Beats & Eats festival:
Drinkers get into fights all the time (not as often as
anti-alcohol people contend, but often enough). Worst case
scenario with hundreds of guys and gals walking the streets
drinking beer is some drunk unable to resist taking on a
civilian packing heat or reaching to touch the firearm.
About medical marijuana, it will take
time, but it still make sense to me to
Legalize Drugs and
hold people responsible for their behavior, whether or not
they are under the influence of a drug.
Among the other routine business of the
night, the only interesting item was the defeat (3-4) of
Commissioner Jim Rasor's motion to deny terminating
the escrow agreement with Fresard Investments (thus
releasing $200,000 or so to Fresard. Voting against the
motion to deny were Commissioners Mike Andrzejak, Pat
Capello, Chuck Semchena, and Mayor Jim Ellison. A
follow-up motion to terminate the agreement passed (4-3),
with Commissioners Terry Drinkwine, David Poulton, Jim
Rasor voting No.
The meeting lasted six hours, adjourning
at 1:37 a.m. Except for ignoring Mayor Ellison's request not
to applaud, the audience was respectful of both opposing
speakers and of the officials. Ellison ran a good meeting.
This was democracy at its best. Our elected officials earned
their $20 for this marathon.
09
Aug 2010
Medical Marijuana
►Unless unfavorable legal considerations
override sentiment, Royal Oak intends to make no accommodation for growing or
dispensing marijuana intended for medical use -- except , one hopes, for home-growing by
eligible patients. Certainly that is where the city stands now, a day
or two after the 09 August 2010 CITCOM meeting, where 35 Public Comment Royal
Oakers and out-of-towners made their pro and con pitches The city attorney has
been directed to prepare language concerning options to present at the 16 August meeting.
►It immediately became obvious that most of
those opposed to a proposed commercial growing-facility
are unable or unwilling to grant any special consideration for medical
marijuana. Pot is pot in their minds. That does not detract from the substance
of their concern: Marijuana is a gateway drug. . . . Its use, especially by
young people, often results in anti-social, even criminal, behavior. . . .Used
by adults, marijuana dulls the mind for everything from driving to data entry. .
. . The invited opening speaker cited his California experiences to paint a
picture of out-of-control pot dispensaries and
of street gangs. He cited sources who or which contend that no medical
benefits have been proved from the use of marijuana.
►Proponents of medical marijuana included
patients, caregivers, and a couple of individuals who are both patients and
caregivers. One woman calmly announced that she is in chronic pain and "I'm
dying." . . . They consider themselves living proof of the medical benefits. . .
. A major concern of the patients is that misinterpretation of Michigan's law
permitting medical marijuana will result in attempts to prohibit patients from
growing their own supply at home.
Many speakers and a couple of commissioners
said they voted for the Michigan law, which they considered a compassionate
compromise that would be implemented along the traditional
doctor-prescription-pharmacy path. They are uncomfortable with creating a
non-medical marijuana industry outside that path.
►Tangentially, there are those who see
economic benefits to Royal Oak in permitting growers and dispensaries. There
will be employment and more income for the city. . . . Not so, reply those who
say property taxes are paid even on unoccupied property, so there's no gain for
the city. . . . Actually, it was the petitioner's unsuccessful attempt to prove
hardship which caused the unanimous vote to deny his request. A second
petitioner will be offered a hearing at the September 20 CITCOM meeting. The
decision to grant the hearing came on 4-3 vote (Andrzejak, Semchena, Drinkwine
voting No), after City Attorney Dave Gillam stressed the "due process"
requirement in the moratorium.
The preceding paragraphs summarize what 35
speakers had to say, beginning with a petitioner's request to be exempted from
the city's Medical Marijuana Moratorium, to establish a marijuana-growing
facility in which several caregivers could grow enough plants to serve the
legally allowed number of card-carrying patients.
From the commissioners, the opposing
positions were well presented (but, unfortunately somewhat personalized) by Chuck
Semchena and Jim Rasor. Their polar positions became evident at the
very beginning of the CITCOM meeting, with the unattributed inclusion on the
agenda of a federal Drug Enforcement Agency representative who was granted, with
no time limit, the opportunity to present a talk titled "Rising crime rates and
Michigan's new Marijuana Law." It developed that Chuck had arranged the
presentation. Chuck explained that the DEA agent had spoken recently at some
conference on the topic. Rasor asked permission to introduce another speaker who
had also made a presentation at the conference. His request was denied, and his
speaker was granted an extra minute or two after his time-limited talk during
Public Comment.
Semchena's basic point is that, the actions
of 14 states to the contrary, medical marijuana is illegal under federal law. He opts for what
he calls the "Livonia Option," and he stresses that Royal Oak must act
before its moratorium expires at the end of October. Rasor maintains that
the Livonia Option seems to prohibit home-growing for medical purposes. He
suggests that if Royal Oak nullifies what is permitted by state law, "We
are going to be sued." Rasor is seen as pro medical
marijuana and has maintained that permitting and regulating legal businesses would benefit the
city economically. He smiled when one Public Comment speaker teased that Jim seems to have his own "stimulus
plan" to help the city's finances. In a more serious mode, Rasor snapped at
someone who attempted to interrupt his comments: "You've been talking for three
hours. It's our turn."
Somewhere in all this it was discussed whether the
Planning Commission should schedule another marijuana-focused hearing. I don't
recall that any decision was reached.
The vote to approve Semchena's request for
ordinance language which forbids any land use that is "illegal pursuant to
Federal, State, or Local law" was 6-1, Rasor voting No.
Oakland
County's legal department has made available to
cities a 63-page report based on its research about
all this. The report lists three options for
each city: (1) Adopt a moratorium. (2) Regulate
medical marijuana through zoning ordinances and
permits. (3) Attempt to ban medical marijuana to the
extent possible. (Birmingham and Bloomfield Hills
have banned anything that violates federal law. L.
Brook Patterson favors a ban. -- Aug 2010
See
Legalize Drugs
16 Aug 2010
CITCOM
blinks, Part 1
Pistol-packing permitted at
Arts, Beats & Eats
After listening to 45 Public Comment speakers for
2 hours, CITCOM reluctantly decided -- on a split vote -- to follow City Attorney
Dave Gillam's research-driven advice
to remove the gun-ban language from the city's
contract with Arts, Beats & Eats.
With the vote shaping up at 3-3, Mayor Jim Ellison
came down on the side of "following" state law." Joining him
were Commissioners Andrzejak, Capello, Semchena.
Voting No were Commissioners Drinkwine, Poulton, Rasor.
There are four lawyers at The Table, three elected
commissioners and the appointed city attorney. They split
2-2 -- Gillam and Semchena vs Poulton and Rasor.
At issue was the fact that the state law which everyone
was citing is fuzzy and leaves open to interpretation
whether the liquor and entertainment restrictions apply to
the ABE venue on the public streets of Royal Oak which are
being turned over to a for-profit operation. Rasor's
comments were the most vehement, and he openly challenged
the gun-slingers to sue, should the vote not go in their
favor. He predicted that an Oakland County or Federal judge
would rule against them.
As I listened to the 45 speakers, including the handful
of arrogant ones, I decided that were I at The Table I would
have voted to leave the gun-ban in place. Next week, my
extended report on the CITCOM meeting will convey in detail
the content and flavor of the night and include a summary of
other business conducted.
After the vote, Ellison pleaded with the
open carriers: Having made your point, please don't carry at Arts, Beats
& Eats.
16 Aug 2010: CITCOM
blinks, Part 2
Pistol-packing permitted at
Arts, Beats & Eats
|
The Gun Fight
From about 8 o'clock till
10 o'clock, 41 of the 45 persons who spoke during Public Comment
addressed the open-carry issue. 19 of the 41 (40%) are against
guns at ABE and in public buildings.
There
were not 41 different arguments presented. Emotions and varying
interpretations aside, we had half a dozen specific points of
contention. In this listing, Pro-Open Carry
comments are in color.
TIME &
PLACE
City Hall or Arts Beats & Eats is not the right time or place to
show your guns.
There is
no "right" time and place. You're safe until you're not. Think
Columbine.
SECOND AMENDMENT RIGHTS
The U.S. Constitution gives us the right to bear arms. . . . To
limit this right endangers other constitutional rights. . . . I
lived in the Soviet Union. The USSR Constitution listed the same
rights as the U.S., but it was a useless piece of paper.
No right
is absolute. The right of free speech doesn't grant the right to
should "fire" in a crowded theater. We're not questioning
your rights. . . . Judgment is called for.
EMOTIONS,
FEAR
We should not be deprived of our rights
because of ignorance or irrational fears. There's no chilling
effect. Look at all the people attending these meeting.
Don't
tell me how to feel. Our fear is real. You guys are so afraid that
you have to carry a gun, but then you tell us you have never had to
remove it from its holster, so what are you afraid of?
Of course
open guns are intimidating. That's why police carry them.
ARTS,
BEATS & EATS
Make that "Guns, Beats & Eats. . . . This festival and these gun
guys have turned Royal Oak into a circus. . . . Send it back to
Pontiac. . . . Thousands of people -- including drinking people --
will be mingling shoulder-to-shoulder. . . . Some drunk starts a
fight going after your gun, or a shot is fired . . .
That 's
scare tactics. . . . My gun guarantees my safety. I'm offended when
people talk against open carry. . . . Fear does not matter, the law
is clear. . . . This is not about a festival, it's about the law.
GUNS &
ALCOHOL
Guns and alcohol do not mix, and Arts, Beats & Eats is an alcohol
event. . . . People with a concealed weapons
buy drinks all the time. People carrying open cannot. . . .
So you take off your gun while you order your beer. . . .
We have all been vetted, trained, checked out
by the FBI.
GUNS &
MEDICAL MARIJUANA
One speaker made what he considers a
point-by-point parallel between Commissioner Rasor's arguments for
permitting Medical Marijuana operations in Royal Oak and permitting
open carry at the festival and in city hall..
Rasor
labeled the attempt at parallelism as "apples and oranges" and
added, "Besides, marijuana never killed anybody."
VERSAGI
VOICE COMMENT
-
"The law is the law."
Not really. There were/are four lawyers at The Table and they
split 2-2 about leaving the gun ban in place. If there was
ever
a "time and place" to risk some insurance money on a legal
challenge, this was it.
-
There was plenty of emotion, yes. But the
anti-gun crowd pretty much stayed focused,
while too many in the gun lobby personalized the
discussion, using terms like "ignorant" and "not to be
trusted."
-
Arts, Beats & Eats has been saddled with an
undeserved burden. This first year in Royal Oak at its
best is going to be a touch-and-go experiment. Talk has already
begun about its returning to Pontiac.
-
Promoter John Witz and his crew and their allies are making a gigantic
physical and psychological effort to assure this festival succeeds in
Royal Oak. To the degree that ABE succeeds or fails, this gun show
may prove to have been a minor blip.
-
Guns & Alcohol
VersagiVoice has been shown that concealed carriers are not to
have illegal levels of alcohol in their system while carrying
arms. So far, I have not been able to confirm whether the
statement made in Royal Oak that an open carry guy can't order
an alcoholic drink is legally true or the speaker mistakenly
referred to the same limitation which applies to CCW.
|
The Rest of the Story
In addition to the Gun Fight,
CITCOM conducted regular business from about 10 o'clock till 11:58.
-
Approved (6-1) a Brownfield Plan for 3380 Greenfield. Capello
voted No after asking several questions about the related money
transactions.
-
Unanimously approved the mayor's appointment of Michael
Fournier to fill the vacancy on the Library Board created by
the Primary victory of Ken Rosen to compete against
Jim Townsend for Marie Donigan's
term-limited seat in Lansing. [CORRECTIONS -- Deb
Anderson: Rosen won the Republican nomination and will
run against Jim Townsend for Donigan's seat. Mayor
Ellison: Rosen remains on the Library Board. The vacancy was
caused by a the resignation of Jeanne Sarnacki.]
-
Unanimously approved a couple of Traffic Committee
recommendations.
-
Approved (6-1) a Special Assessment for Paving of University.
Drinkwine voted No.
-
After
some parliamentary jockeying, which saw Rasor withdraw his
Second of Semchena's motion, voted (6-1) to approve the
denial of the petition to be exempted from the city's Medical
Marijuana Moratorium. Rasor voted No, based on his
concern that Semchena's comments re intent went beyond simple
rejection of this specific request.
-
Unanimously approved the Liquor Control Committee's
recommendation to grant a temporary expansion of space to permit
an "Ice Bar" to Sangria's.
-
Unanimously ratified the tentative collective bargaining
contract with AFSCME.
-
Approved (6-0 -- Rasor out of the room) modifications in the
Development Agreement pertaining to the area near Eleven
Mile and Maxwell. The YMCA, proposed condos, and a proposed
retail operation are part of the development.
-
Unanimously approved a resolution to be sent to Lansing in
support of making Public Buildings Gun-Free zones.
-
Unanimously approved Capello's modified request for an
abbreviated monthly Revenue and Expense Update from the
Administration.
-
Approved Semchena's request for Staff to generate
modification of the Storm Water Detention Ordinance. With
the city's short-staffing in mind, the request is to be
accomplished "within a reasonable timeline."
-
Approved (5-2) requesting the city attorney to prepare language
to amend the Liquor Control Ordinance to prohibit the
reopening of a closed alcohol-licensed establishment without
CITCOM approval. Drinkwine and Rasor voted No. The
issue is legally murky and has been raised because a Receiver
has been put in charge of the renewed operation, using the
currently valid liquor license.
-
Among all
that routine business, the 4-3 vote was taken to remove the gun
ban from the Arts, Beats & Eats contract. The vote:
Remove the Gun Ban: Ellison Andrzejak, Capello, Semchena.
Fight 'em in court: Drinkwine, Poulton, Rasor.
Limit Public Comment Speakers to 3 Minutes
Ten hours of gun talk
forces me to repeat my suggestion that Public Comment speakers
be limited to 3 minutes, rather than 5, whatever the topic.
First, the basic thought is clear within the first minute or
two. All the rest is repetition of the basic thought --
sometimes rambling, sometimes in exactly the same words.
Second, watch the speakers watch the digital clock -- and feel
compelled to keep talking until they have used up their 5
minutes.
|