City attorney recommends commissioner not be disciplined for distributing letter

Onaway city attorney Mike Vogler recommended the city commission not discipline commissioner Mel Perkins for circulating a questionnaire about a possible problem with noise at the Onaway Bar. Kay Perkins, who lives a block from the Onaway Bar, has complained to the city that the noise level at the State Street establishment is excessive, even during the cold weather months, and requested Mel Perkins be disciplined for asking residents if they believe there is a problem. The commissioner asked residents if the noise level was noticeable; at an acceptable level; or too loud.

Kay Perkins believes his actions, without the authorization of the city commission, were improper and possibly illegal. Kay Perkins appeared before the commission at the December 20 meeting wanted to know what Mel Perkins objective was: “to go to such lengths to try and prove the Onaway Bar wasn’t disturbing anyone.”

VOGLER LOOKED into the matter and answered the legal questions during the same meeting. “Mr. Perkins was free to circulate this letter as far as I’m concerned,” said Vogler. “A citizen wanted him to be disciplined. I think there is no reason for the city to act on this request of a citizen to discipline or dismis

s him.” Commissioner Bernie Schmeltzer said the matter was discussed at the public safety committee and a noise ordinance is something that is being looked at. That said, Schmeltzer still disagreed with the actions of his fellow commissioner.

“I THINK THE minute your title is attached to something, you give the impression that the commission empowered you,” said Schmeltzer. “Mel showed it to me and I said I didn’t think he should have done this.” Addressing Mel Perkins directly, Schmeltzer said: “I’m sorry I didn’t agree with the way you handled it.”

“I don’t care,” Perkins responded. “The first amendment gives all the right to ask people what we want to ask and I exercised that amendment. When someone lodges a complaint with me, I’m going to go and ask the questions, and when I’m satisfied that there is a complaint or isn’t a complaint, I’ll address the commission and the rest of the citizens of this community. I was within my right and I’ll do it in the future.”