Go West, Young Man...

[XLFD]

... and Grow Up, City.

 

City Clerk Luskin reports in the minutes for the 8-22-2011 City Council Meeting:

"George West, City of Ludington, received a letter to replace his sidewalk and he explained that the damage done to his sidewalk was the result of the City putting a tree in a couple of years ago. The DPW Clerk looked into this and found that no report had been filed with the DPW office. He then explained that Kevin Spuller, Carr Creek Construction, who currently has the City’s sidewalk replacement contract and has not been able to obtain insurance as the insurance agency is suing him. George West explained that he did not feel comfortable using the City’s contractor for his sidewalk replacement so he obtained the services of Tony and Sons. The work was completed on August 17 and Tony went to get reimbursed by the City for 50% of his cost and was told that the City only uses the services of the low bidder who was Kevin Spuller. George explained that he then discussed this with the City Manager who stated that the City uses Kevin Spuller and anyone who has signed up for the sidewalk replacement program would have the services performed by Kevin Spuller and would be reimbursed for 50% of the cost. George then mentioned that Kevin Spuller is not licensed and his Carr Creek business license is void which was confirmed by him with the DLEG. He told Council that he had a copy of Tony & Sons’ license and insurance certificate. He is asking that the City reimburse him $1,020 which represents 50% of the cost of his sidewalk replacement. Mayor Pro Tem Engblade explained that the City tries to get the best rates for sidewalk construction and the people who have been doing it in the past have been doing a very good job. However, he did refer this to the Public Safety and Public Utilities Committee for review."

 

I know George West primarily as a process server for the local courthouse, having utilized his skill in the past a couple of times when I was managing apartments.  He also handles sheriff's auctions of real property, notably handling the sale of 201 N. Washington from Freddy Mac to Heather Venzke and Nick Tykoski   the-mysterious-house-on-north-washington  .  He runs a "West Investigations" company out of his house on South Washington, and last time I ran into him, he was far from being a radical element-- straight as an arrow, like I used to be.

 

From the record, he received a notice from the City to replace his sidewalk according to this policy   Lud SW Replacement Program.  Instead of using the City's contractor for sidewalk installation, due to this company, Carr Creek, allegedly not being state licensed, George West had the sidewalk installed by local state certified company, Tony & Sons, at the reasonable cost of $2040.  He then tried to have the City pay half of the cost, as per city procedure   LCC Sec. 46-71 Sidewalks .

 

The City Manager, that would be John Shay, said that Ludington sidewalks were only replaced by Kevin Spuller (Carr Creek) and those in the program would only get reimbursed by going through Spuller's company, according to West's assertions.  Apparently, George West pointing out the fact that Kevin Spuller's Company is not licensed by the Dept. of Energy, Labor & Economic Growth (DELEG) made little impact on the Ludington City Manager, that would be John Shay.

 

Under Michigan law, all contractors offering to do work which totals $600 or more in labor and materials must be licensed by the Department of Energy, Labor & Economic Growth (DELEG).
  MAHB    (see paragraph 2)  MCL 339.2403

 

Any sidewalk repairs more than 25 feet will cost over $600, so the City has apparently got into a contract with an unlicensed company to do almost all sidewalk replacement work against the dictums of Michigan law.  And according to the City Council Meeting held 11-09-09, low price and licensing weren't the factors in hiring Carr Creek as the exclusive sidewalk replacement program contractor (who hasn't been changed since):  "Moved by Councilor Castonia, seconded by Councilor Holman, to award the sidewalk replacement bid to Carr Creek Construction because of the City’s past experience with Carr Creek and the fact that Carr Creek can meet with the DPW Superintendent on a regular basis whereas, Professional Concrete from Kaleva would only replace the sidewalks when there were several of them in need of replacement. Motion Carried."  

LCC 11-09-09

 

Carr Creek having exclusive rights for the Sidewalk Replacement Program for two years just because of a close connection to the DPW superintendent sounds like it would take competitive out of the competitive bid process, and may smack of cronyism.  Kevin Spuller, even though he lives way out in Branch, until this year was a Ludington public official serving as a boardmember of the Parks Advisory Board until that Board disappeared this year. 

 

Being that Kevin Spuller, and Carr Creek, have decided to be unlicensed (according to George West)and continue to work for the City of Ludington under the strident backing of its City Manager, that would be John Shay, leaves the City once again open to a lot of liability issues   Some Problems w/ unlicensed contractors in MI, as well as has the City of Ludington knowingly violating the law.

 

Here's hoping that Mr. West gets his $1020 and a little bit more for the time and bother that the City Manager, that would be John Shay, has caused him in the simple act of repairing his sidewalk.  And one could only hope that money would come from John Shay's pockets bulging with over $100,000 per year for poorly managing this city.

[Sweater Cows!]

The city can decide how much they will pay but has no right to tell anyone that they are required to use a certain person for that work.

[XLFD]

Extremely well thought out piece of writing, Dagny!

I know someone in Ludington who has the capability to dismantle and put in sidewalks at a fraction of what Carr Creek or Tony and Sons are charging.  I don't think they are licensed ( the City of Lud. doesn't seem to care about that anyway), but much of the cost the local companies throw in for sidewalks are due to the fact the City actually throws in for half of the cost and limits contractors.  When they 'competitively bid' the sidewalk replacement program, they only had two companies, the only other based in Kaleva.  Why wasn't Tony & Sons and other local pavers invited to bid?

T&S did about 60 feet of sidewalk for over $2000, CC has done such lengths in the past (301 N William) for nearly the same amount $1800.  The actual cost of the cement would be under $400 for both, less if you buy your own ready mix.  Doesn't take that long to do either, unless you charge labor for watching the cement dry and cure!  Here's something for the do-it-yourselfer:

Building a Sidewalk Yourself

 

[AQUAMAN]

Well said Dagny, and quite correct. Trouble is Shay is so busy chasing his own tail in circles these days, his ego gone wild with LOT's and such, he didn't even realize that Car Creek is NOT a viable legal contractor. That's his job to know and make changes to, not the public's job.

[AQUAMAN]

Anytime there is a questionable ordinance, policy, or law about to be voted on, and the vote is unanimous without further committee work, discussion, or tabling for another debate, the obvious conclusion to draw is that "the agenda is fixed". Why did you vote Aye Wanda? Please elaborate for all our concerned taxpayers so we can determine why we now have a "catastrophic cat crisis" in Ludville.

[Wanda Marrison]

the ordianance was not voted on. Was first reading and discussion of what the committee has put together to present to the public and the council. Vote for/against will be this monday.

[AQUAMAN]

Ok then, why did you vote aye for the first reading of the proposed ordinance? You seem to be avoiding an honest answer about your vote. Do you believe neighbors should be tattling to the police on each other for feeding stray dogs/cats? Thanks.

[Wanda Marrison]

It was for the reworded/revised wording of the ordinance for final presentation/vote to pass or deny on Mon. is that clearer.

[AQUAMAN]

Personally, I just don't get it Wanda. Please pardon my candor, but your evasive tactics make me feel like you can't answer simple questions, which is NOT the sign of a local concerned public servant, but a professional politician. Having said that, and again, with all due respect, I ask you again, why did you vote for the preamble of an ordinance which is, well, for a better term, just plain silly, nonsense, and not worthy of the public's time and money to get passed, let alone get enforced by the LPD. I am sure Chief Barnett also has to be confused, and quite ostensibly, well, if he has a beer once in a while, be invibed with such matters. He has a full plate of other responsibilities far more worthy of his department's time and really should be opposing such legislation to begin with, but, I guess, he's like so many others there, just going along for the ride. Too bad too.

[XLFD]

Wanda's vote on the first reading of the ordinance was more of a formality than anything else, Aquaman.  It did not mean that she would necessarily vote for this ordinance, but she and the others thought the wording did not have to be altered. 

I do believe the lack of discussion would indicate that there is a positive consensus on this ordinance, but at least the citizens and the councilors have a definite ordinance to mull over for two weeks. 

Let's not forget that in one of the few precedents of councilors rethinking the ramifications of an ordinance happened just earlier this year in January.  When they originally planned to ban Sunday morning liquor sales, and passed it unanimously in committee, but when it got through to them that it would put Ludington liquor-sellers at a disadvantage to their PM Twp competition, they reconsidered.