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2012 Commission Meetings
January - June

Commission meetings are often boring, sometimes interesting, occasionally irritating, and rarely exciting, but attending them or watching them on television offers insight into issues and personalities which would be difficult to achieve any other way. That's transparency.  

Some readers confuse two similar terms: Public Comment is that time early in the meeting during which individuals are offered up to 5 minutes to talk about almost anything. A Public Hearing is the discussion period focused on a specific agenda item like a lot-split or an alley vacation. See Does Public Comment serve democracy?

Below, occasional observations and impressions For the official minutes, go to the city's website.

 Also see:
CITCOM meetings since 2004 . . . Civics 101  . . .  
How to watch a commission meeting . . .  City Hall news & comment 

09 Jan 2012

Crime fighting dominates
Short CITCOM meeting earns an A

Little time was wasted last night. Even the two commissioners who can't resist nit-picking, David Poulton and Pat Capello, kept it relatively short, as the commission heard representatives from the Michigan Department of Corrections described parole and probation procedures. The information had been requested by Poulton, Capello, and Peggy Goodwin. Goodwin then led the conversation about revitalizing the City's Crime Prevention Council. Her ideas included involving the entire community with a town hall or two. Mayor Jim Ellison added that retailers, restaurants, and the Chamber of Commerce should be included in determining what actions the city takes.

Everyone agreed that the whole Crime Prevention issue should be one of the topics addressed during  Saturday's long-range strategy session being held in Troy. (As the meeting began, Capello won approval of her motion that hereafter any long-range planning session about Royal oak will be held in Royal Oak.)

The rest of the meeting was routine, dealing with the location of trash receptacles, sidewalk cafes, a walk-up window, and the coming appointment of a resident to serve on the party bus task team. The meeting lasted about 90 minutes.

23 Jan 2012

Another CITCOM 'A'
Serious disagreements politely and respectively addressed

Julie Rudd
, Director of Finance, was the hero of the evening. On the last item on the agenda, from 11:05 to adjournment at 11:34, Rudd defended her request to replace a parttime payroll clerk with a fulltime accountant against half an hour of challenging questioning. She was successful, but the vote was 5-2.

This long and productive meeting included several serious debates, but with the exception of one snippy aside from a commissioner to the city manager, the tone throughout the evening was polite and respectful, as CITCOM addressed demolitions, dancing, enforcing motel ordinances, where parking tickets are paid, and the sale of surplus equipment. The split votes were:

  • To, conditionally, postpone demolition of 620-646 West Eleven Mile Road for 90 days, 6-1, David Poulton voting No.

  • To approve a liquor license and plan of operation for Burgrz Royal Oak, 6-1, Peggy Goodwin voting No.

  • To approve a dancing permit for Fifth Avenue, 5-2, with Pat Capello and Poulton voting No.

  • To approve the hiring of a fulltime accountant in the Finance Department, 5-2, Capello and Poulton voting No.

There were absences during two or three votes: no way to determine whether because of a phone call or a call of nature or a decision not to go on record about the agenda item.

I have reactivated the tabulation of split votes for this 46th City Commission on the same page where the tabulations for previous commissions appear. See Split Votes

The three new commissioners -- Kyle DuBuc, Mike Fournier, and Peggy Goodwin -- participated substantively in this second CITCOM meeting of 2012 -- with questions, seconding motions, debate. Not a sign of posturing.

Wisely, the commission postponed action on the request to promote a private sector sewer warranty program from which the city would earn income.

The eight speakers during Public Comment were focused: Most of them were in favor of granting Fifth Avenue that dancing permit.

06 Feb 2012

Another long, productive CITCOM meeting
Restructuring of Police and Fire Departments on the agenda

In  terms of long-range impact, the most substantive CITCOM decision made last night was to schedule the first of what may prove to be several work sessions regarding the structure and operation of Police and Fire Departments. The decision followed two long presentations by an independent nonprofit organization. The fire report took 45 minutes, the police  report took 32 minutes. This is serious stuff. I'll deal with details next week.

A couple of Police Department vacancies were filled. The Administration was granted more time to come up with proposed millage recommendations. Sidewalk repair and replacement were approved, including simplification of the billing procedure..

There were two Split Votes among the 18 items on the agenda for the meeting which lasted until 11:20: Rasor voted No on the change in the policy re Special Events Permits for the Dream Cruise, Rasor, DuBuc, and Fournier voted No on changes in the city's Solicitation/Peddling Ordinance.

Commissioner Peggy Goodwin was added to membership of The Crime Prevention Committee, and there was unanimity to refer her document re neighborhood  watches and need to increase public awareness to that committee. Commissioner Pat Capello's motion to request the Administration to prepare recommendations for a revised contract or procedure for handling and paying for Arts, Beats & Eats parking was approved.

20 Feb 2012

No Public Safety Contract, No Budget

Commission Meeting: February 20, 2012
RE: Discussion of Revenue Strategies
February 16, 2012

The Honorable Mayor
And
Members of the City Commission:

When this was discussed at the Strategic Planning session, I fully expected to have a contract with the firefighters signed by this date and I thought there was a good chance that one or two of the three police contracts might be resolved as well. As of this date, however, none of these bargaining units are under contract.

Without contracts in place, we cannot provide the accurate cost projections the Commission needs to intelligently discuss revenue options at this time. I have to recommend we defer this discussion until we have settled with at least one of the major
uniformed bargaining units.

Respectfully Submitted,
Donald E. Johnson
City Manager
DEJ / cds

The message in that box, above, was the most important non-event in the 20 February 2012 CITCOM meeting. Its message needs no clarification. For the rest:

There were 4 split votes:

  • Allow Shakespeare in the Park to sell Beer and Wine, 5-2, Capello and Poulton voting No.

  • Refer a Permit Parking issue back to the Traffic Committee, 6-1, Ellison voting No.

  • Approve Black Finn request for extended hours, 6-1, Goodwin voting No.

  • Reject National League of Cities Sewer Warranty program, 6-1, Ellison voting No.

Unanimously, CITCOM approved such matters as special event permits, appointments, other Traffic Committee recommendations, concessions agreement in Memorial Park on Dream Cruise Saturday, and replacing a Police Dispatcher.

And work is under way to schedule a joint meeting with the Planning Commission and the Downtown Development Authority.

Noteworthy through the relatively short meeting (adjourned at 9:50) was that despite even a couple of seriously differing philosophies, not a voice was raised, not a snide personal attack was made.

The 46th City Commission has had enough meetings of all types to generalize that the chronically contentious atmosphere which pervaded the 44th and 45th commissions can be attributed largely to former commissioners.

A special meeting to explore the consultant's report about the Police Department is scheduled for February 27th.

05 Mar 2012, part 1

Net financial impact of Fire Dept settlement unclear
The City of Royal Oak and its Fire Department have reached an agreement whose net financial impact is unclear. Unclear, because not enough details were delivered in last night's CITCOM meeting during which the commission ratified the tentative agreement, 6-1, with Commissioner Pat Capello voting No. (For a long time, I understand, CITCOM was stuck at 4-3 about this agreement as it struggled to reach unanimity.)

Although the Fire Department characterized the new contract as "brutal"  in an early press release, the "me to" clause in contracts with other agreements means that the City must reduce some of the savings previously negotiated with the other unions.

So few details have been released that it would be meaningless to comment on the merits of this agreement. It does move the elected officials closer to their goal of being able to keep their promise of not seeking a millage increase until the Public Safety unions have agreed to concessions.

The vote came quickly, There was no debate re Capello's concerns. The rest of the CITCOM meeting ran smoothly, and I'll report on it next week.

UPDATE: City Manager Don Johnson has issued the following statement.

For Immediate Release 
Contact:  Donald E. Johnson, City Manager (248) 246-3200
                       
 

Fire employees agree to pay cut and more
 Royal Oak, Mich. – A pay cut, health care changes, mirroring of prescription drug benefits in retirement and an increase in employee pension contribution are some of the concessions agreed to by the Royal Oak Professional Firefighters Local #431.

The City Commission on Monday approved the tentative agreement for the two year period of July 1, 2011 to June 30, 2013.  The union voted overwhelming to ratify the agreement on February 29, becoming the City’s first public safety group to join all general employee groups in giving real concessions.

Members of the Local have agreed to accept an immediate 2.5 percent reduction in pay; a wage freeze in the second year; moving all members to one health care plan with higher deductibles and more out of pocket costs; 20% contribution to health care premiums for all members; a $10/$40/$80 drug rider; mirroring of prescription drug coverage at retirement with prescription drug coverage for active employees; and increasing their contribution to the pension system to 6%. Employee pension contributions were previously increased from 2% to 5% in the previous contract. 

“Fire stepped up to the plate,” said Mayor James Ellison.  “Thank you to Joel Smith, Fire Union President for his supreme leadership in working for his people in the fire department but with an eye to the well being of Royal Oak as a whole.”  Smith had described the contract as “Brutal.”  Ellison added “We were both hard-nosed and sometimes it wasn’t pretty.”

According to City Manager Donald E. Johnson, “The savings in this Agreement represent real savings to the City in excess of $550,000 per year.   It represents over 15% of a firefighter’s base wage. To obtain these concessions through a voluntary agreement is huge.  This leaves the police groups as the only Royal Oak employees who have not agreed to a contract with significant concessions. We are hopeful this agreement will serve as a basis for obtaining similar concession agreements from them.” 

05 Mar 2012, part 2

Another short, boring, productive meeting
Speculation about the financial impact on the city of the Fire labor agreement that CITCOM ratified last week continues. The discussion will undoubtedly carry over into negotiations with the Police unions. There was minimal discussion of labor matters before the pact was ratified, 6-1, with Pat Capello voting No.

The rest of the 22-item agenda went smoothly. Even with an occasional disagreement or two, the meeting took only two hours, during which the elected officials dealt with such topics as Demolitions; setting public hearings re removing diseased Dutch Elm trees and for revocation of hotel/motel licenses; allowing Barton Towers more parking spaces; approving appointments; adopting a tougher drunk driving policy; and hiring one Civil Engineer III.

There was a little awkwardness during the discussion of the financial results of Arts, Beats & Eats. City Manager Don Johnson summarized that the financial pluses and minuses for the city must be weighed against the impact of having several hundred thousand visitors over four days.

Commissioner Mike Fournier gave an informal report of information he received after attending an informational meeting re Bus Rapid Transit.

An oddity is that there were five 6-0 votes as Rasor, Ellison, and Fournier found occasion to leave the room at separate times. For the suspicious: There seemed nothing meaningful about the agenda items they didn't vote on.

19 Mar 2012

Despite a flash of anger
CITCOM has a great meeting

Interim Police Chief Corrigan O'Donohue was granted permission to hire three police officers, 4, counting one filling a vacancy. The permission came after a rather long but friendly series of questions about the incidents downtown on the St. Patrick's Day weekend.

During that discussion, it was revealed that Detroit TV stations place crew in Downtown Royal Oak on weekends anticipating there will be an incident. They don't wait to hear something is happening.

Normally sedate Commissioner David Poulton was angry and for a few minutes raised his voice to almost a shout. Normally smooth petitioner's attorney Kelley Allen was a bit off-her-game, so much so that her very visible gum-chewing became a distraction to TV watchers.The issue? Cantina Diablo's never-ending less-than-clear list of changing requests which follow each settlement with LCC and CITCOM. Even the way the issue prematurely made it to the agenda (see LCC  report, above) has raised eyebrows. The result: split votes about Diablo's several requests:

►Approved proposed amendments to Plan of Operation re hours of operation and seating, 6-1, Commissioner Peggy Goodwin voting No.
►Defeated motion to deny proposed amendments to Plan of Operation re closing/opening doors and music on second floor, 3-4, Mayor Jim Ellison and Commissioners Jim Rasor, Kyle DuBuc, and Mike Fournier voting No.
►Conditionally Approved the proposed second floor amendments with the side agreement which specifies a 6-month review by the Police Department, 5-2, Poulton and Commissioner Pat Capello voting No.

At Ellison's suggestion, backed by City Manager Don Johnson, the commission approved the First Reading to repeal the Sidewalk Cafe Ordnance. Discussion before the vote made it clear that the ordinance makes it clumsy to address individual variations or to anticipate unique situations which in any case would be addressed individually. Repeal, rather enact an audience: good government.

Participating in the dialogue more than usual, as chair, Ellison handled most of the meeting firmly but friendlily during a night when almost everybody had something to say about most items. Unanimously, CITCOM: Postponed taking action re revoking  hotel/motel licenses for nonpayment of taxes and water bills . . . Referred to the newly formed Arts Commission the request about keeping in the city the lion sculpture currently on the sidewalk outside Ariana Gallery . . . Approved donating $1,000 to the Memorial Day Parade budget.

For serious City Commission watchers

For first 3 months
Newbie Commissioners appropriately quiet

One measure of participation in a CITCOM meeting is the number of times one initiates a motion. A related metric is whose motion an official seconds.

For the CITCOM meetings from January through 19 March 2012, the tabulation at right reveals that the three newbies, DuBuc, Fournier, Goodwin seemed to follow conventional advice to "Keep your mouth shut and listen for . . . " a few meetings or six months, depending on who was giving the advice. I missed it if any of the newbies initiated a motion.

That is not to say that they have not participated in discussions of motions, with increasing confidence after their first few tentative comments.

 Move/Second

Capello/DuBuc     2 Capello/Goodwin 6          
Capello/Poulton   8
Capello/Rasor      3
Poulton/Capello   9
Poulton/DuBuc    2
Poulton/Fournier  2
Poulton/Goodwin  2
Poulton/Rasor     2
Rasor/Capello     6
Rasor/DuBuc      4
Rasor/Fournier   7
Rasor/Goodwin   2
Rasor/Poulton    2
Rasor/Poulton    4

Though not as revealing of mindsets as are split votes, even this early tabulation of parliamentary initiative shows a couple of patterns which are likely to persist during this 46th Royal Oak City Commission, even as the newbies become more knowledgeable and forceful.

A couple of patterns among split votes:

  • 4-3:: DuBuc, Fournier, Rasor

  • 3-4: Ellison, DuBuc, Fournier, Rasor

  • 5-2: Capello, Poulton

Not quite a pattern are the 6-1 splits. Poulton, Goodwin, Rasor, Ellison, and Capello have found it necessary to cast the only No-vote one or more times.

02 Apr 2012

Split vote confirms CITCOM's pro-entertainment majority
The quiet and reasoned debate before approving a Special Event permit allowing a bar/restaurant to sell alcohol on city property during the 3-day Cinco de Mayo weekend confirmed street talk that the progressives on the commission are steadfastly pro-entertainment. Commissioners Jim Rasor and Mike Fournier were absent, and the vote went 3-2, with Commissioners Pat Capello and Peggy Goodwin voting No.

Commissioner David Poulton, whose long questioning and comments seemed to be leading toward a No-vote, switched to support just after Mayor Jim Ellison had spoken in favor, joining Ellison and Commissioners Kyle DuBuc. DuBuc and Goodwin took opposing views, but there was none of the shouting across The Table which occurred too often during meetings of the previous commission. My first communication from a couple of readers, paraphrased: " You know how Chuck Semchena was an automatic No-vote when it came to bars and alcohol? Well, we now have four automatic Yes-votes." (The absent Jim Rasor and Mike Fournier are self-labeled progressives.)

The elected officials continue to conduct themselves professionally, no posturing (although some readers consider Capello's repeated questioning of details obsessional). No long speeches. Not a single personal attack. The three Newbies -- DuBuc, Fournier, Goodwin -- have moved effectively into place. Observers may disagree with their votes now and then, but their overall behavior at The Table has been exemplary.

Except for without debate approving the Fire Department's request to replace six retired firefighters, CITCOM dealt with routine matters of minimal interest to other than serious city hall observers.

16 Apr 2012

Give this gang a bonus
Outstanding CITCOM meeting

They worked till midnight covering a 25-item agenda. They conducted a long rancor-less debate on an alcohol-related issue. They displayed appropriate flexibility and rigidity in dealing with routine matters. They did all that after listening for more than an hour to 21 Public Comment speakers.

Forty-five minutes were spent on two liquor license petitions. Well, five minutes on one, 40 minutes on the second.
The first petitioner (Ballentine's) opted to withdraw its petition until it is ready to submit another plan of operation ("we have a lot of work to do."), and the commission approved its request.

The long and serious debate had to do with Hamlin Corner, proposed to fill the years-long empty space at 386-390 Main Street. Commissioner Pat Capello repeated the objections she had first presented at the Liquor Control Committee (see above). Capello went further, adding observations and statistics at such great length that it reminded me of former commissioner Semchena. Pat reinforced that memory when she said, in effect, "I'm not saying I won't ever approve another license transfer." Commissioner Jim Rasor questioned her numbers about such matters as taxes paid by bars, but he offered no counter-data. Commissioner Peggy Goodwin offered two observations: (a) Adding more bars adds to already overburdened police work and (b) the more downtown becomes an entertainment district, the less likely are we to achieve a desirable balance with retail. During Public Comment, Debbie Campbell suggested that Royal Oak has become a "drinking destination" not an "entertainment destination." Commissioner Mike Fournier, in a well-spoken comment, waxed philosophical about "use vs. source" of assets. Hamlin won approval on a 6-2 vote, with Capello and Goodwin voting No.

Among the 21 Public Comment speakers, 8 were in favor of Hamlin, 5 against.

Versagi Voice has two or three times commented on the civility with which this 46th is operating. About this alcohol-focused debate Mayor Jim Ellison said it was the best discussion in his eight years as mayor about such matters.

The only other split vote, 6-1, with Commissioner Dave Poulton voting No, was on a Cinco de Mayo permit requested at the last minute by Fifth Avenue. For the rest, CITCOM unanimously approved a dozen routine items.

News out of City Hall
At city hall
Who hires? Who fires?

Related Questions:

Doesn't the City Manager appoint department heads? You said that department heads have expressed fear that "It only takes 4" votes of the city commission to terminate an appointed official. Who hires? Who fires? Can the commissioners fire someone the city manager hired? When you speak of "the Administration," who do you mean?

Answers:
The city manager hires most department heads. City Attorney David Gillam tells me, "
The City Manager, the City Attorney and the City Clerk are City Commission appointees." The following true story demonstrates the relative powers of the city manager and the commission.

Once upon a time, there were a couple of commissioners who became unhappy with the relatively new police chief who was drawing public praise and criticism for his restructuring of the department and for his management style. The two commissioners persuaded two or three of their colleagues that they should agree to remove the chief, who had been appointed by the city manager.

Two of the four were seen and -- intentionally or not -- heard ordering the city manager to fire the chief. When the manager demurred, he was told, "Either he goes or we come after your ass." The conversation took place in a booth at Leo's Coney Island on Main.

The city manager chose to resign. The chief stayed.

It is easy to think "skullduggery" about such a development, but it is one result that strong differences of opinion have in the mixed separation of powers in our local government. The city charter defines the city commission as "the legislative and governing body" of the city.

 The charter also specifies that commissioners should not demand substantial work from departments without going through the city manager -- a mostly ignored rule in real life. (See next column)

The Budget meeting
Who changed the rules? When?

God bless city staff -- for preparing the necessary if eye-glazing Power Point presentations.

God bless the mayor and six commissioners for paying enough attention to the presentations to ask meaningful questions. This, after conducting a hour-long closed session -- re the non-cooperative 3rd Police union, it is assumed, since "Police" was removed from the published agenda..

City Manager Don Johnson did a masterful job of preparing everyone for what was coming in the presentation, and he said he would be coming back with a "shopping list" of the cost, in mills, of proposed scenarios for each department. But, as Public Comment speaker Bill Shaw predicted, neither Staff nor CITCOM addressed necessarily complex structural matters.

Questions:

  1. Did I miss the CITCOM vote where a policy change was made, resulting in a 1-year budget instead of a 2-year budget?
  2. Was the decision to go for 1 year intended to prevent showing that a negative fund balance would appear in the second year?
  3. Was there no department-by-department preparation of best-case/worst-case scenarios conducted this year?

(continued from previous column)

"Governing body" gives limited executive branch-authority to the legislative city commission. (Congress, the federal government's legislative arm, can investigate and harass presidential appointees, but it can't fire them.)

I use "the Administration" or "Staff," both capitalized, to refer to the city manager and his department heads. The context makes clear whether the city clerk and the city attorney (CITCOM appointees) are included

See CITCOM report below.

07 May 2012

Adjourned at 11:19
CITCOM earns its pay

For the first time in weeks, city officials walked out of their Closed Session smiling.
Why became immediately obvious when Mayor Jim Ellison added two agenda items: Ratification of two Tentative Agreements, one with Detectives, the other with Command Officers. Ellison praised representative of both groups who were present.

The happy mood prevailed for most of the meeting, although there were three split votes:

  • 5-2 Approving Black Finn's changes in its plan of operation. Capello and Goodwin voted No.

  • 5-2 Approving Tequila Blue's sidewalk cafe, despite concern about the need of a guard  rail. Capello and Poulton voted No. At Tim Thwing''s suggestion, there will be a yearly review.

  • After a full hour of discussion: 5-2 Approving the contract update of the Driving Range. Fournier and Rasor voted no. I think that was the first split vote among The Four.

The votes were unanimous re such items as Cooperating with the School District in converting to fiber optic cable . . . Granting a couple of Special Event permits (Oak Apple Run and Baconfest on the same day . . . Approving a couple of Planning Department recommendations.

The only time when two or three commissioners and the mayor displayed mild irritation -- each in his or her own way -- was concerning the apparently flexible way waiting lists and appointments to some city committees and commissions are handled. In past commissions, the political games occasionally played with appointments were painfully obvious.

 

07 May 2012

Who hires? Who fires? Who changed the budget rules?

16 April 2012

02 April 2012

Newbie Commissioners appropriately quiet

19 March 2012

05 March 2012. part 2

05 March 2012

20 February 2012

06 February 2012

23 January 2012

09 January 2012