Rochester Hills Legistar System

Ms. Jane Leslie, City Clerk, gave a brief presentation regarding the Annual Class C

Inspection Report. Ms. Leslie noted that the Oakland County Health Department

Inspector who was scheduled to attend today's AIS Committee meeting, is not present

and did not give notification of being absent. Ms. Leslie distributed copies of the

Inspection Report and informed the Committee that they were received on Friday,

February 3, 2006 and therefore, the Committee was not able to receive them ahead of

today's meeting. She encouraged the Committee to review them and she would forward

any questions to the Health Department. She also noted the following:

* All inspections have been completed. There is one (1) outstanding for Pizzapapalis

due to some repairs that were needed.

* If an establishment has too many violations that are of a critical nature, the Health

Department will hold a meeting with the establishment called a "pre-hearing

conference".

* There were a few of establishments that were close to a "pre-hearing conference"

meeting with the Health Department.

* The Health Department is mainly concerned with proper food storage processes.

Member Rosen summarized a request submitted by Council Member Yalamanchi and

noted that it resulted from a January Council Meeting where a motion was made by a

Council member under "Any Other Business" which was a new issue to Council

Members. The motion was significant and appeared to require adequate analysis in

order for Council members to cast an informed vote on a resolution.

The Committee commenced discussion and noted the following:

* Council members are provided with adequate notices of the majority of

motion/resolutions because the meeting packets are distributed by the Clerk's Office on

Fridays before the Wednesday meeting dates.

* It was suggested that "spontaneous" motions should not be discouraged, but if a

Council member feels that a motion may require analysis, then the Council member

should request the Council President include it on a Council Agenda which will allow for

significant notice to Council members so as to gather information if necessary.

* Council Rules of Procedures Article VI, Section .03 b, Order of Motions, explains the

order of importance of each type of motion that can be used. The motion to "Lay on the

table" which postpones the motion until the next meeting, appears to be an effective way

to deal with a "spontaneous" motion that may require analysis.

* Motions are entertained at the discretion of the Council President, however, a Council

Member can use different levels of motions, i.e. tabling or postponing to address matters

in question.

The Committee's consensus regarding Mr. Yalamanchi's request was that no policy

change was needed at this time. It was suggested that Council should hold an

informational discussion to educate members on the different motion options and

encourage them to submit agenda items in advance whenever possible.

A motion was made by Verschueren, seconded by Rosen, that this matter be

Approved and Referred to the City Council Regular Meeting.

Resolved, that after reviewing the request of Council Member Yalamanchi

regarding proposed resolutions be presented at least seven (7) working days

prior to a Council Meeting by City Council Members, the AIS Committee has

determined that there is no need for a policy change at this time because Robert's

Rules and City Council's Rules of Procedure already allow for different levels of

motions, i.e. tabling and postponing, etc.

Further Resolved, the AIS Committee encourages City Council members to

submit requested agenda items in advance whenever possible which will provide

significant notice to Council Members so that they may gather information if

necessary.

The motion carried by the following vote:

The Committee commenced discussion regarding the Council Attendance/Per Diem

Compensation Draft Policy and noted the following:

* Council Members are compensated for meetings to Boards & Commissions in which

they are formally appointed to as a representative of the City.

* Council Members can be compared to "exempt employees". An exempt employee

has a greater role and responsibility for the work that needs to be accomplished

however long it takes. The perception of the amount of work it takes to get the job done

is different for each member. The salary is paid based on the work that needs to be

done, not by how much time an individual puts into the work he/she does.

* The current Council attendance sheet is a list of meetings and committees that qualify

for compensation.

* It is a good practice for the Council President to review attendance sheets submitted

by Council members similar to supervisors who review department employees' time

cards.

The Committee consensus was to include the following suggestions as DRAFT 2 for

discussion at the March AIS meeting:

The following is a guideline list of meetings for per diem compensation:

1. Regularly scheduled and noticed meetings of all Committees (except Ad-Hoc

Committees) and Independent Boards & Commissions to which members are formally

appointed by Council as Council's representative. (Does not include Agenda setting

meetings).

2. Significant meetings that Council members are directed by Council or

Council President to attend for legislative or policy matters on behalf of the Council or as

an official representative of the City.

3. Significant meetings relating to legislative or policy matters of the Council,

Committees (except Ad-Hoc Committees), or Independent Boards & Commissions,

with prior approval of Council President or the Council if necessary, and communicated

to Council in advance (whenever possible).

(In general, significant meetings are those which are held "in person" and last longer

than one (1) hour).

Agenda Summary.pdf; FINAL DRAFT Policy.pdf; 030706 AIS - DRAFT 2

Policy.pdf; 010406 Referral from Council.pdf; Troy E-Rule article dtd

2-16-06.pdf; 010406 CC Reg Mtg DRAFT Min EXERPT.pdf; 122905

Agenda Summary.pdf; 110205 Agenda Summary.pdf; 080205 AIS -

The Committee commenced discussion regarding the Draft Policy - Use of Electronic

Communication Devices During City Council Meetings and made the following points:

* The Draft Policy stemmed from a past concern regarding access to the Internet,

blogging, reading emails, etc. during a Council meeting with respect to how that may be

in violation of the Open Meetings Act as well as how it may influence a Council

member's vote if he/she obtained significant information that was not shared with other

Council members during a public meeting.

* Once Council members enter a public meeting, they should no longer be in a

discussion with someone. Their deliberations during a public meeting fall under the

Open Meetings Act even when Council members take a recess during a public meeting.

When a recess takes place during public meeting, each Council member is only allowed

to have conversations with no more than two (2) other Council members in a group

setting. They are encouraged to share any new information that may influence their

vote. The Opens Meeting Act governs until the public meeting is adjourned.

* Any Council member can ask for a recess to research a particular topic in question.

However, the key is for the Council member to share the information gathered during the

break with the whole Council body when the public meeting is convened so that the

information is "on the record".

* Use of various electronic means during an open meeting may be perceived as not

sharing information.

* Council members should conduct themselves with proper etiquette and ethics to strive

to avoid misperceptions that may result from usage of various electronic means during

an open meeting.

* The Draft policy is not saying that a Council member should not answer emergency

calls, but use discretion of how he/she answers pages, etc.

* It was suggested to change the word "refrain" to "discourage" where appropriate in the

Draft Policy.

* It was suggested to check with the City of Troy regarding a recent policy that may

have been passed regarding use of electronic devices during an open meeting.

The consensus of the Committee was that they agree with the way the Draft Policy was

written. They will discuss it again at the AIS March meeting before bringing it to Council

to explain how it should be interpreted.

Enactment No: RES0155-2006

Request for a "New from Quota" Class C Liquor License from Mitchell's Fish

Market to be located at 370 N. Adams Road

Agenda Summary.pdf; 020706 AIS Agenda Summary.pdf; Application.pdf;

Floor plans.pdf; Department Reports (2).pdf; Supplemental Report - Bldg

Dept.pdf; AIS Resolution.pdf; 0128 Resolution.pdf

Ms. Leslie, City Clerk, gave a brief update on the applicant, Mitchell's Fish Market, which

included the following:

* Mitchell's has paid the application fees. The building plans have been submitted and

are in the review process. It was noted that the Building Department requested

Mitchell's to make some plan changes which would result in approving construction

permits if required changes are made.

* The Sheriff's Department had no findings at this time.

* Mitchell's will be located at the former site of Harry & David at the Village of Rochester

Hills.

* The City currently has four (4) new licenses remaining in their quota.

Appearing on behalf of the applicant was Mr. John Carlin, an attorney. After

introductions were made, Mr. Carlin reviewed the floor plans which included the seating

and the menu. He also noted the following:

* Mitchell's is a full service restaurant specializing in fresh fish and caters to families.

There are three (3) other locations in Michigan and approximately 30 nationally. The

Rochester Hills location will seat approximately 287 and have a seasonal patio facing

Adams Road. Alcohol beverage sales will be approximately 18-20% of gross sales.

There are no liquor violations in Michigan. They will employ approximately 70 people

who will be properly trained as well as bring in their own seasoned managers.

* Construction is scheduled to begin the last week in March with a target opening date

of July 21, 2006. The company is investing approximately $2 million dollars in the

building which will be an investment in the local community tax base. The founding

family owns approximately 50% of the company.

Vice Chair Duistermars thanked Mr. Carlin for his presentation after which Mr. Carlin

exited the meeting.

The Committee reviewed the company's financial statements with particular attention to

Mitchell's credit liabilities. The Committee agreed that it has been the general policy of

Council to discourage issuing new licenses, but rather to encourage applicants seek one

to transfer into the community.

. Mr. Eric Eggan, attorney representing the special entity to be created to hold the

new license

. Mr. Tony Curtis, developer of the new Papa Joe's Gourmet Market Place

. Mr. Tom Brandel, owner/founder of Tom's Oyster Bar

. Mr. Gary Kotlarz, representing one of the possible members of the special entity to

be created to hold the new license

. Mr. Ron Ray, architect for the new Papa Joe's Gourmet Market Place building

Mr. Eggan gave a brief presentation that included the following:

* Initially Papa Joe's applied for three (3) new licenses which were denied by City

Council. However, they transferred an existing license which was approved by City

Council and the Liquor Control Commission.

* Papa Joe's is requesting a new license for Tom's Oyster Bar.

* The holder of the new license will be a special entity created with an agreement that

will give Papa Joe's the license in the event that Tom's Oyster Bar moves away. The

intent is for the license to stay with the property.

Mr. Ray gave a brief presentation of the floor plan of Tom's Oyster Bar including the

following:

* The restaurant will have a separate outside entrance so there will be no need to go

through the market; it will be free-standing. However, it will share another entry off the

lobby with stairs and an elevator to access the upper level banquet facilities.

* The restaurant will be a classic New England style, with a friendly atmosphere with

approximate seating capacity of 180 to 235 which includes a proposed outdoor cafe.

Tom's Oyster Bar has locations in Grosse Pointe, Detroit and Royal Oak.

Vice Chairman Duistermars thanked the representatives for their presentation.