Notes: links to the video recording and the council packet can be found at the bottom of this post. Please note any errors or omissions in the comments. Anything noted between brackets was inserted by Clarkston Sunshine.
FYI, I used the agenda that was published on the city’s website for the council meeting at 6:52 pm on the night of the meeting. The earlier agenda, the one that was replaced by the agenda published at 6:52 pm, seems to be the agenda that Eric Haven used to run the meeting. I’ve noted the differences in red below.
Agenda item #1, Call to Order (Video time mark 0:00:23):
Eric Haven said it was 7:00, and before everyone sat down, he said we are all going to stand and say the pledge to the flag.
Agenda item #2, Pledge of Allegiance (Video time mark 0:00:09):
Pledge said.
Agenda item #3, Roll Call (Video time mark 0:00:26):
Haven wished everyone a good evening and called the meeting to order. He asked Jennifer [Speagle, clerk] if she would like to read the roll or should he do it. Speagle said she would do it.
Eric Haven, Al Avery, Gary Casey, and Laura Rodgers were present. Bruce Fuller, Joe Luginski, and Sue Wylie were absent.
Haven said that the city manager [Jonathan Smith] had a big, bad fall on Saturday. He’s home now, but he’s hurting and so he’s not going to be with us tonight. He may be out for a few days; we don’t know.
An unidentified speaker said [unintelligible] medical attention. Haven said yes, he was in the hospital over the weekend, yes.
Haven said we will limp along here without him today, but our agenda is light so he thinks they will be able to manage.
Agenda item #4, Motion: Approval of Agenda (Video time mark 0:01:08):
Motion to approve the agenda as presented by Avery; second Casey.
Haven asked if there was any discussion.
No discussion.
Motion to approve the agenda passed unanimously by voice vote.
Agenda Item #5, Public Comments (Video time mark 0:02:59):
[This item was taken out of order, following Agenda Item #6 rather than following Agenda Item #4]
Haven read the rules for public comments.
Haven asked if anyone had comments this evening.
Haven said hearing none, and we’re not on – is anyone online this evening? Speagle said she doesn’t see anybody online, and she doesn’t know if she’s doing this [setting up remote access to the meeting] right, either. Speagle said she didn’t see anyone. You guys [gesturing toward the city council] are on, but she didn’t see anybody else on.
[Note: People were unable to dial in to the meeting.]
Haven said that that Speagle committed that Haven would read Chet’s [Pardee’s] comments. Mr. Chet Pardee usually makes comments at our meetings, and this meeting is no exception, so Haven will read these briefly.
Chet Pardee (read by Haven):
Good evening. With the mayor’s encouragement, I am acknowledging when city officials do something worthy. Thank you, Jonathan [Smith], for including in your weekly communication information regarding the Oakland County program available for citizens whose income qualifies for borrowing up to $18,000 for home repairs without repayment required until the home is sold. I suggest the code enforcement officer include the county’s pamphlet with any communication to Clarkston residents with code violations or warnings.
Thank you, finance committee, for finally acknowledging that the city has a very serious problem by having insufficient revenue to repair streets and sidewalks. As communicated last week by the city manager, with council’s concurrence, wording will be submitted to the State of Michigan in August for ballot issues in November to approve millage for street and sidewalk repairs. In November, it will be clear whether the City of the Village of Clarkston can afford to be a city. I am hopeful the city can continue.
City officials have ignored for several years the revenue shortfall. In September of 2017, the Planning Commission tried to understand exactly what was a five-year Capital Improvement Plan as required by the state for all cities. Four years ago, the city’s engineer, HRC [Hubbell, Roth & Clark], conducted a PASER [Pavement Surface Evaluation and Rating] study of the condition of the city’s streets. The city has not provided the necessary repairs recommended by the study. HRC will provide an update in May.
It is not clear whether the four council members not on the finance committee will support the need for the ballot millage. (Haven said he’s referring to something here.) Property owner’s tax millage will decline in July due to the expiration of one of two general bond issues. A workshop facilitated by Julie Meredith (willing and experienced facilitator) could be helpful in getting all council members to similar understanding of city priorities and the city’s financial situation.
City officials have ignored or not understood many indicators and communications. When the current budget was approved this past –
Haven’s phone rang, and Haven asked everyone to excuse him for a second. Haven said that Mr. Pardee is apparently calling in. [Pardee was calling in because he was not able to connect to the meeting.] Haven said he’s not going to take that call. He’s finishing Pardee’s comments.
[Pardee comments continued] City officials have ignored or not understood many indicators and communications. When the current budget was approved this past June, it included $55,000 for capital expenses. The previous budget had included $244,000. To budget the $55,000, the fund balance was taken to its minimum. The five-year Capital Improvement Plan was $1.7 million when the previous budget was approved but was reduced to $1 million last June. The city manager describes the Capital Improvement Plan as “directional” but exactly why was the direction a 41% reduction? The current capital expense budget includes monies for city hall furniture and cosmetic fencing behind city hall, rather than needed street and sidewalk repairs.
Speagle said that three minutes [the time limit for public comments] are up. Haven said all right, so that concludes Chet, and he thinks that they’ve got the gist of it. It’s very similar to what you’ve said in the past, so Haven will conclude Pardee’s comments here, given the three-minute limit.
[I’ve provided the balance of Mr. Pardee’s comments below. Mr. Pardee sends his comments to me before every council meeting so that I can include them in my informal transcripts.]
[Pardee comments continued:] There has been no discussion by city officials from where would the funds come to fund capital expenses represented in the Capital Improvement Plan. The only source of city funds for street and sidewalk repairs has been parking revenues, approximately $80,000 per year. Do NOT blame COVID. It was city council who suspended paid parking, not COVID. Many have questioned providing business owners the benefit of suspended paid parking as business owners only pay property taxes to the city.
The suggestions made in the January 24 council meeting for February implementation continue to be ignored by the city manager and mayor. The February through June suggestions are shown below for your reference.
Beginning in September, the font size of the monthly financial report was significantly reduced. I suggest this report revert to the August format to continue the city’s commitment to transparency. Please see the attached examples or try to read the 3/23 finance report in tonight’s packet. It is not likely that font size is the root cause of the city’s financial issues, but it would be helpful if financial reports could be easily read.
Pardee attachment – Suggestions Made in January 24, 2022 Clarkston City Council Meeting
Pardee attachment – COVOC Finance Report in Readable Font
Pardee attachment – COVOC Finance Report Font TOO SMALL to Read
Haven asked if anyone had any other public comments that they would like to make at this time.
Avery said that he just wanted to respond to Pardee. Haven said OK.
Avery said that he is on the finance committee and there was not a discussion, it was not said, that the city couldn’t afford to maintain their infrastructure. The discussion with our accountant was whether or not a possible bond could be in play to help finance major infrastructure improvements, not maintenance, and we explained that to Pardee during the meeting and maybe he just didn’t understand it, or want to understand it, but we certainly are not proposing, we haven’t even come to a conclusion as to whether or not we were even going to do something like that. But we’re not proposing that we’re going to sell the bonds and raise a bunch of money for it to sit in the city’s coffers to the maintenance, the year-in, year-out maintenance to the sidewalks and streets and the capital improvement. We’re looking at it as a major, if we do it, which again, we haven’t made that kind of a decision yet, it would be to do major infrastructure repairs, and all cities do that. Not, to Avery’s knowledge, most cities don’t have millions and millions of dollars sitting around to do road repairs and that sort of thing. They sell bonds, and that’s what we’re at least thinking about, considering, to do major repairs and improvements to our infrastructure. So, Avery just wanted to put that on the record. Pardee puts it out there like, Avery just doesn’t agree with how Pardee perceived it.
[An informal transcription and audio recordings of the March 23rd finance committee meeting are available at this link, and you can if Pardee or Avery accurately described what happened at the meeting: https://www.clarkstonsunshine.com/march-23-2022-finance-committee-meeting/ And see Clarkston Sunshine Comment #1.]
Haven said it’s always assumptions that count.
Haven asked if anyone else had any comments.
No other public comments.
Public comments were closed.
Agenda Item #6, FYI (Video time mark 0:01:26):
[This item was taken out of order, following Agenda Item #4 rather than following Agenda Item #5]
FYI #1 – Oakland County Animal Control Dog License/Rabies Shots (video time mark 0:01:29)
-
- Oakland County Animal Shelter & Pet Adoption Center Flyer “Don’t Wait Vaccinate” (page 3/17 of the council packet)
Haven said For Your Information, as you see in the packet, you can get your dog vaccinated for free, that is a rabies vaccine, at the County, at (unintelligible) on Telegraph Road. It says every Tuesday, every Tuesday in April.
Speagle said every Tuesday in April, you get a free rabies vaccine with a purchase of a one- or three-year license. Just to throw that out there, June 1st is the last date to get your dog licensed before it becomes delinquent. Once it becomes delinquent, all licenses are $40. Haven said OK.
Haven said that those vaccines are from 9:00 am to 11:30 am on those Tuesday mornings during the month of April. Speagle agreed and said that it’s at Oakland County Animal Control.
Avery said we’re not doing the licenses here anymore. Speagle agreed. Avery said that’s good. Haven said we don’t want to get back to it. Speagle said that most people that come in for the licenses don’t live in the village, they are in the township, but we do offer them as a service to Oakland County Animal Control. Haven thanked Speagle.
FYI #2 – Angel’s Place Race (video time mark 0:02:40)
-
- 15th Annual Angels’ Place Race Flyer (page 4/17 of the council packet)
Haven said he wanted to finish the For Your Information, Item #6. He said that he skipped public comment, and he’s going to come right back to that.
The 15th Annual Angels’ Place will be on May 14th here in the city. There’s a 5K, a 10K, and a one mile. Walk, that is. For the Angel’s Place race.
Haven said that those are the items in For Your Information and asked if anyone else has one, anything to add to that at this time.
No additional comments.
Haven said hearing none, let’s go back and pick up on Public Comment. That’s Item #5 on our agenda.
Agenda Item #7, City Manager Report (Video time mark 0:08:56; 16/17 of the council packet):
[The City Manager’s Report was listed as Item #7a under Agenda Item #7 in the council packet. Item #7 was listed as the Motion to Accept the Consent Agenda as Presented.]
Haven said that in the packet, the last meeting’s city manager’s report was included. There is a new one which was not in your packet, but since it’s not been available to you, Haven is going to defer. You’re going to get copies tonight, and since Smith isn’t here to comment on it anyway. Speagle said that she has updated it on the website too if anybody wants to go back on the website.
Haven said excellent. They can look into that then and learn that way, but otherwise, we’ll quite catch-up next time. Speagle said OK.
Agenda Item 8 – Motion: Acceptance of the Consent Agenda as Presented (Video time mark 0:09:32):
-
- 02-28-2022 Final Minutes (page 5/17 of the council packet)
- 03-14-2022 Draft Minutes (page 7/17 of the council packet)
- 03-28-2022 Treasurer’s Report (page 9/17 of the council packet)
- 03-23-2022 Revenue and Expenditure Report, Period Ending 02-28-2022 (page 10/17 of the council packet)
Haven said he would entertain a motion for the acceptance of the consent agenda. That’s just a collection of our final minutes from 2-28; draft minutes from last meeting, that’s 3-14; and the Treasurer’s Report dated 3-28. These are consolidated into one motion so they can be, you know, handled expeditiously. If anyone wants to separate anything out of that if they have questions, they are able to, but Haven said that he would entertain a motion to adopt them en masse here in lieu of any isolation.
Motion by Rodgers; second Avery.
Haven asked if there were any comments or discussion about this.
No additional comments or discussion.
Motion to accept the consent agenda passed by unanimous voice vote.
Agenda Item #8, Old Business:
[Haven noted that this was Item #9 on the agenda.]
Item 8a – Election Update (Video time mark 0:10:32):
Haven said that this was a discussion of an election update in May and asked if this was Speagle’s item.
Speagle said that because we have another election coming up, it’s just standard to keep this on there if anybody has any questions. The update that she has for this week is that anybody who checked off both boxes on an absentee ballot application should start receiving their absentee ballots any day now.
Haven said good, OK. That’s good to know.
Casey asked when the election is. Speagle said May 3rd. Haven asked Speagle to repeat the date and said that it’s good for the public to know, for sure.
Haven said that’s all for that old business.
Agenda Item #9, New Business:
Item 9a – Discussion: Photo Request, Friends of the Clarkston Independence District Library request for photo to be used on silk scarves) (Video time mark 0:11:15):
Haven said that they have one piece of new business, and this is a discussion item which we could turn into a motion if we’d like to do that. We’re prepared to do it. We do have a quorum tonight so we could make a decision. A discussion about a photo request from the Friends of Clarkston Independence District Library.
Haven asked if Nancy [Moon] was representing the Friends of – Moon said yes. Haven asked if she would step to the podium. Moon agreed.
Haven said that this is Nancy Moon. We usually know her from the historic district study committee, but she’s here – Moon said she’s here for something else, but anyway.
Moon asked if everybody understands the Friends. The Friends is the organization in the library that does the fund-raising, so they do Battle of the Books, which was recently in the newspaper. They provide the funding for that. They do the summer reading program. They do Reading to the Paws, which is reading to the children and their dogs during the week in the mornings. Friends pay for all these fun activities at the library. Our tax dollars do not do that.
So, the Friends are looking to make more money, of course, to pay for more activities. Since Moon is in the historic district, she was asked to come to the council and ask for permission. It’s a silk scarf for ladies. It’s the traditional length of about 60 inches. The artist lives on the east side of Michigan, she thinks around Sterling Heights. She has made several before. She’s currently doing one for Cranbrook from one of their murals.
The Friends have not decided exactly what they want to do. They don’t know if they want it to be just the library, or if they would like it to be the library and something out of the village because this is the 30th anniversary for the village. So, they’re sort of debating. They would like to use something from Depot Park, but obviously, they need permission to do so. They wanted to use a couple houses. Moon has already got permission from the homeowners to use their house. Photographs will go to the artist, Miss Mary(?). She will create a couple drawings, or sketches as you want to call it, for the Friends to review and then they will decide what it is they want to have made.
The hope is to have it ready for their fall book sale, which will be in September. They will also be available at the circulation desk in the library. They’re nicely packaged. They come in a package that’s about this size [Moon folded and held up what appeared to be a half sheet of paper]. It looks like a nice gift you could give your wife, or whatever, daughter, somebody, you know.
The Friends will be paying at cost. The artist has agreed to sell them at cost. She happens to be a very good friend of somebody that’s on the board. However, she does dictate the price it can be sold, and that’s $50. She won’t change on that.
Some of her work is at the DIA [Detroit Institute of Arts]. We were there recently; we saw the pieces. The DIA sells them for around $60-$75.
So, is it OK for the Friends to use a likeness? These are going to be pictures we send, and then she’s going to draw them, so it’s not going to be exactly any picture that we happen to give, to use something from Depot Park. Moon didn’t know if it would be a bridge, she didn’t know if it would be the gazebo, she doesn’t know if it would be a combination. She really doesn’t know. She’s just here as the conduit because she lives in the village and nobody on the Friends board lives in the village, so she said that she would come.
But we really do need an answer tonight because they have to get all of the information to the artist by the first of April in order for her to come to a meeting, take a look at it, and move forward for getting it ready for the fall book sale in September.
They will not be sold at Art in the Park. The library does have a tent, but it is for children, and that is the fund-raiser for the historical society, and the Friends do not want to, you know, cause any confusion, they don’t want to bring it there, so they will not sell them at Art in the Park. Now, if somebody wants one and you could let Moon know, she can go, she has access to them, but you know, out of respect for the historical society, they don’t want to cause any confusion. Haven said sure. Moon said because they’re not going to sell them there.
Haven said all right. So, this is a fund-raiser. It’s an item to be sold. Moon said it’s a fund-raiser, yes. Haven said to raise funds for the Friends of the library. Moon said yes, Friends of the library. Haven said to support their programs. Moon said to support the various programs. Haven said you just want an image or two or something from our park, right? Moon said yes. As she said, she’s got pictures from the survey committee, so what she has been doing, with the houses that they requested copies of, she’s just sent some things that she has used in the survey, and this will be the same thing. She’s got pictures of the gazebo, she’s got pictures of the bridge and the gazebo together, she’s got the playground, she’s got, you know, the flowers over here [gesturing], she doesn’t know what they want. As she said, she’s just a person in the middle.
Haven said like he said, it’s a discussion item. We can discuss it, and then if someone would like to turn it into a motion, we’ve drafted a motion. They’ll have to amend that too, maybe.
[There was no motion included in the council packet.]
Casey asked if this is just one item or are there going to be several of these (unintelligible). Moon said that they are going to make one scarf. She’s going to make one scarf, but she’s going to, Moon thinks she said, Moon has only met her once at a January meeting, she was going to create three designs, and the Friends could then, Moon is not on the Friends board so she has no vote whatsoever as to what they pick, but then they would vote on what they want.
Casey said then it will be auctioned off. Moon said no, they will be sold. Avery said that there’s going to be one style of scarf, but they’ll be multiple – Moon said yes. She thinks there, initially, she thinks they were going to order 20 or 30, but you know, they are going to sell for $50 apiece, but she thinks the cost is either $22 or $25, something like that was the original cost. But, you know, $50 is kind of an awkward price point for some people, and you know, not all ladies want to wear a scarf. They’re sometimes in and out of fashion. So, they were going to do a limited number, but they can always reorder more. But the concept was to have them ready for the book sale and have them for the Christmas book sale, hoping that, they thought if they got them ready, they would be ready for Mother’s Day, but they can’t, they won’t be, even if they got their stuff together.
Casey asked when is the book sale. Moon said the book sale is in September. Casey said OK. Moon said but right now, the artist is doing something on the east side for St. Clair Shores. She doesn’t know what that one is, but she does know the other one she’s working on is for Cranbrook, it’s a mural, one of the murals they have on campus. And those two projects are ahead of the Friends. So, the Friends are being fit in, so the artist said that she can have it ready for you, Moon thinks by Labor Day. So that would be their book sale, which is probably mid-to-late September. They have another book sale the end of April, but obviously, they won’t be ready for that.
Avery said and the funds that are raised for this are used for programs at the library. Moon said programs at the library, right. Moon said that the programs come from memorials. She will say that they got close to $15,000 in memorials last year, which is sad but true, and that is going to be used for some, actually updates to physical things to the library, like for the children and for the teens (unintelligible). That money is going to physically be used for that, because normally, they get $2-$3,000 but they got $15,000 in memorials. But the summer reading program right now, no business has offered up any money, and that’s a big expense for them.
Avery said generally, if it was a private individual coming to try to make some money off of it for their own personal gain, he might have more pause, but the fact that they are raising money for essentially a taxpayer-supported institution with enhancing programs, he doesn’t see a problem with it. Casey said he agreed. Avery said he would feel better if Tom [Ryan, city attorney] was here.
Speagle said that she did talk with Ryan earlier before she wrote this, and he said to just make sure that it’s non-exclusive rights to that picture, whatever picture they use. To Moon, Speagle said you’ve talked to him. Moon said she’d talked with Ryan because she wanted to make sure what they needed to do, and as she said, she will send her [the artist] pictures, and then she’s an artist, so she’s going to sketch it, and it’s not going to be exactly the picture that Moon gives her anyway. (Unintelligible crosstalk.) Speagle said that the scarf they choose might have one of the pictures and it might not. Moon said it may or may not even be there. You know, they may – (interrupting Moon), Avery said if Ryan is OK, and it sounds like he is.
Rodgers said that you stand to make a lot on each one, and if she’s going to give them to you for cost, and she understands why she doesn’t want you to sell them for – Moon said cheap – Rodgers continued and said because she’s an established artist. Moon said she’s an established artist, yes. Moon said they would make $25 on every scarf, so, you know, for every ten, that’s $250. They would like to sell 20 or 25, but they also realize $50 is a difficult price point for some people.
Avery said it’s a one of a kind. Rodgers agreed. Haven said it’s coming up on our anniversary.
Haven said that he would read the motion and he will entertain someone making the motion:
“Motion to approve the Friends of the Clarkston Independence District Library for the non-exclusive rights of a Depot Park photo” – Haven said it says “a,” we limited it to “a” (unintelligible) – “Depot Park photo to be used as artwork on the silk scarves that will be sold at the book sales and at the library circulation desk.” Haven said he suggests adding “to support library events” if that’s helpful to the motion.
Haven asked if they want to make more then one, or is it just “a,” it’s a singular photo. (Rodgers said something unintelligible.) Haven asked Moon if she was asking for more than one. Moon said that what she’s going to do is to send her a couple of photos. She’ll send her the bridge, she’ll send her the gazebo, she doesn’t think we want the children’s area personally. Haven asked if she wanted to say a maximum of two or something. Moon said yes, that would be fine. Moon has a feeling that she would kind of pick what one would – Haven said sure. Haven said OK, so they have one not to exceed two. Moon said OK.
Haven asked if anyone would like to make that motion.
Motion by Avery; second Casey.
Haven said two scarf-wearers.
Haven asked if there was any further discussion about this.
No further discussion.
Motion passed by unanimous voice vote.
[See Clarkston Sunshine Comments #2 and #3.]
Moon said one of the houses has already said “I’ll take five.” Moon thanked the council. The Friends really appreciate it. Haven said to tell them it was a landslide here. Moon said she would do that.
Agenda Item #10, Adjourn (Video time mark 0:22:58):
Haven said that was the last item on the agenda. He thanked everyone for coming and said that he would entertain a motion to adjourn.
Motion by adjourn by Rodgers; second Casey.
No discussion.
Motion to adjourn by unanimous voice vote.
Resources:
Comment #1:
Avery’s attempt to distinguish between maintenance and “major infrastructure improvements” is disingenuous. All that anyone has been talking about is fixing the roads and sidewalks, not building or improving the roads or sidewalks (with the possible exception of putting in sidewalks on Middle Lake Road, which was mentioned at the finance committee meeting as a way of pandering to the voters who live there to convince them to vote for higher taxes).
The roads and sidewalks have fallen into disrepair because the city has not done required maintenance. The cost of required maintenance was not consistently budgeted because the city wanted to spend its money on other things, such as pretty street signs, replacing all wooden signposts throughout the city with pretty posts, expanding city hall, and improvements to Depot Park. After these expenditures, and after suspending paid parking in order to benefit the local restaurants – when the city is left without funds to maintain the streets and sidewalks – the finance committee wants to increase taxes to do the deferred maintenance. That deferred maintenance might in fact turn into “major improvements” because of the deterioration the city allowed to take place.
Avery’s condescending comments attempt to justify the new taxes the finance committee wants as something different from the continuing discussion of the state of the city’s roads and sidewalks. It doesn’t matter what he calls it. It’s a tax increase to fix the roads and sidewalks, which the city hasn’t properly maintained because it spent the taxpayer’s money on other things.
And, as to the claim that the finance committee didn’t come to any conclusion, it was all on board with putting a tax increase on the November ballot to generate more money. Avery’s enthusiastic “Let’s get the money” comment at the March 23rd finance committee meeting shows what they are really thinking about. The city manager has been charged with getting an engineering assessment of how much to spend so they will know how big of a bond issue and tax increase the city will need.
No sidewalk work has been done in over 3 years and at that time, it was noted that all of the required work would not be done. Some funds were allocated in the following years, but not used. There are numerous conditions that do not meet Federal (ADA), state and local ordinance requirements. The city ignored this and even the work that has been done, does not fully comply.
Based on the city manager’s report, they have already established what a new tax millage would be but have yet to find out what the cost will be, or what will be done. There was also no discussion in the Finance Committee about alternates to a new tax. There are other options.
Comment #2:
A motion was not on the agenda. So, according to the procedure that they discussed before, there has to be a motion to amend the agenda before they consider this motion. And the motion to amend the agenda has to be approved by a unanimous vote, according to the city attorney.
But that rule is only used when someone wants to prevent the council from considering something they disagree with, like disclosing the records that were the subject of the city’s unsuccessful five-year FOIA lawsuit. Council member Wylie was not permitted to place that motion before the council because it was not on the agenda.
I know of no action by the council to require a unanimous vote, and no such requirement in the city charter or state law. But no one on the city council ever questions the city attorney or the information put in front of them.
Comment #3:
I’ll bet you didn’t know that you aren’t allowed to use a photo that you took of the Empire State Building in a photo book collection of your work that you intend to sell to the general public without getting the permission of the New York City Council, eh? Um, that would be because you don’t need to do that. 🙄
You can spend all day taking photos at Depot Park and the city council doesn’t have anything to say about it – and they should know that. High schoolers go to Depot Park all the time and take pictures of themselves on the gazebo during Homecoming – does the city council believe that the city could demand that these students seek the city’s permission before putting the photos they’ve taken into a memory book to sell to fellow students, or even to everyone in Clarkston? Does the Clarkston News need to ask the city for permission to publish pictures of events in the park? Of course not. This was a really silly discussion.
The absent city attorney’s contribution to the discussion was apparently to say that it had to be a non-exclusive photo. Well, it would certainly be unwise to use someone else’s photo without permission because there is an automatic copyright in the photo belonging to that other person (the same rights that you would have if you took a photo of the Empire State Building). But any dispute about the use of someone else’s photo would be between the Friends of the Clarkston Independence District Library and the photo’s copyright holder. The Clarkston city council wouldn’t have anything to say about that either, and that’s another reason why the city council shouldn’t have inserted itself into this issue. Does the city council really believe that it would have a right to stop Ms. Moon if she wanted to send three, four, or even ten personal photos that she took of Depot Park to the artist? It would be fun to watch them try.
Based on the discussion, it would appear that Ms. Moon took the photos herself. Unless the city commissioned her to do that and she agreed that the city would own that work, the city has no say about what she does with her photos. And even if the city did own the photos in question, Ms. Moon could go back to Depot Park, take whatever pictures she wants, and do whatever the heck she wants with them – because she owns the copyright. And it would be within her rights to send her photos off to any artist of her choosing to use as the basis of a sketch for scarves that are going to be sold by the library.
This was a colossal waste of time, but indicative of our city officials’ apparent belief that Clarkston is their private fiefdom rather than an actual government – and a lot of the problems that we continue to have stem from that mindset.
I was surprised to see this on the agenda and hear that the city attorney had been asked about it prior to the meeting. Post cards, greeting cards, drawings and phots of the Village of Clarkston have been created and sold for as long as I have been there. To the best of my knowledge, no one have asked for permission and no one from the city has ever protested. This was the only new issue on the agenda, and in fact the only issue other than routine business, was this. A complete waste of time given.
See my related comment regarding public comments when you consider how short recent meetings have been.
Public comment and participation have been an issue for as long as I can remember. At one time, not that long ago, there was no limit on public comments. Then some comments were made that offended a former mayor and a 5 minute limit was imposed. By law, comments must be allowed but can be limited. The reason given was to not extend the length of meetings. The time limit was then changed to 3 minutes and has gone back and forth on whether you have to be present or not to have your comments heard. The current agenda states that it can only be for items on the agenda. The previous was that you could only comment on things not on the agenda.
Since recent meetings have been less than an hour long, some less than 30 minutes, there is plenty of time to listen and discuss public concerns if the council wanted to hear from the public. They obviously don’t.
Chet Pardee sends his comments to all the council member prior to the meeting. Instead of saying they do not have to comment on what are valid concerns, they could be prepared to discuss whether they are valid and what can be done. That doesn’t happen.