Loud and Unclear: Ludington City Council Meeting 3-18-2013

[XLFD]

The March 18, 2013 Ludington City Council meeting started oddly enough looking for leadership.  Mayor Henderson was out sick, and Councilor Castonia was excused from the previous meeting for a vacation.  So the first thing was to elect a leader from the pack of councilors, which fell to last years Mayor Pro-Tem Wally Taranko.   Then we had some more interesting things happen which seemed a little out of place from the usual well-oiled ordinance making machine.

At 3:30 in Nate Peterson spoke up about the sound levels being moved from 70 db to 90 db (at a 20 ft. distance).  He was told that in a Business and Licensing Committee meeting the level was moved up.  He made some very intelligent points about distance and sound and the outdoor dining.   The next speaker spoke at 8:30, she was also a downtown business owner, and called for more enforcement of alternate modes of travel in the downtown while endorsing outdoor dining.  Good luck with getting police through those five foot sidewalk widths.

At 9:15 in, Nancy Smith mirrored Nate's concerns, followed by Jeff Nixon who strengthened Nate's assertions by giving the council some idea about how 90 db would affect the peacefulness of the downtown.  He made an allusion to one particular unnamed business, which probably is the same name as one of my favorite ice creams.

At 12:30 in, I made my move to the podium, impressed by the previous array of public speakers.  I already have the transcript written in my notes, so I will reproduce that in its entirety because I know what I said

From 137 E Dowland Street, I'm Tom Rotta.

There is a lot on the agenda tonight mainly dealing with ordinances, readings and resolutions to accomplish a lot of stuff that a considerable amount of the City populace is not behind.  Two ordinances are to be voted on that would expand the use of the right of way downtown to allow for more outside area for dining and display for our merchants.  This sounds like a great idea until you realize that the right of way for pedestrians and other sidewalk users is knocked down to 5 ft., instead of around twice that which our City leaders for many generations thought was prudent for the downtown.  The unintended consequence to all downtown retailers of this experiment is that tourists and locals may get frustrated when they try to walk downtown during the summer , find their way hindered, and avoid the experience altogether.

We have first reading of an ordinance that will allow organizations to sell beverages in city parks if they get permission from the City and have a valid liquor permit.  I don't know about the councilors, but a lot of folks go to City parks with their families to enjoy them, why should we routinely shut off parts of these parks so that a biergarten can be set up which restricts everyone from enjoying a sizable section of that park?   Just so that our local bottler and City Building Authority member Budde Reed and Ludington City Councilor Les Johnson can sell their products as they have been doing at the various City-sponsored drinking parties, like the New Year's Eve Ball Drop.  If Councilor Johnson doesn't get it yet, the City uses public funds from the Downtown Ludington Board's treasury to buy beer from Budde and harder stuff from Councilor Les and sells it for private profit at these City-sponsored events.  At least this is what receipts I have received from the City through FOIA show.

The City will likely pass a resolution about a scheme to dramatically alter the character of the southern beach of Stearn's Park, effectively leveling a dune area to create a walkway leading from the end of Ludington Avenue to the breakwall, paralleling the beach.  This "improvement" will set the taxpayers of this state and city back a half of a million.  For a 10 ft. wide, 120 yard long sidewalk that would cost over 30 times what they forecast if you put a sidewalk of those dimensions in front of your home.  Do we really need to spend a half of a million to take out a sand dune and ruin the local character of that section of beach which many locals enjoy?  Do we need to consider doing this major alteration in direct conflict with our city charter which says that any change of use in our parks shall be voted on by the City's electors, not our representatives or their appointees?  Please, table this application and put this up to a public vote.  I think the result will surprise all of you sitting in front of me, just like the vote on last fall's city proposal did.

Also as regards Stearn's Park, you will vote on awarding a bid to fix the north concession rest room interiors.  I cannot fathom the City paying over $86,000 just to make these two restrooms ADA compliant when it could be done for a lot less.  Each restroom is only about 250 sq feet in area, and we have already spent good money on engineer drawings.  It sure would be nice to see an itemized list of where all that money is going.

Lastly, I want to comment on honesty.  Scottville recently had their mayor resign after being arrested a second time for a probation violation.  Many people feel sorry for Ex-Mayor Baxter that he has a drinking problem.  Actually, his main fault was an honesty problem.  He lied to the police officers after his gully crash, lied to his fellow officials about his problem, lied to the court through his lawyer, etc.  All those lies told and being tacitly accepted by his fellow public officials in Scottville, eroded what little confidence the Scottville people had in their City Hall's competence and honesty.

In Ludington, I have got up here behind this podium and accused City Manager John Shay of perjury several times.  Two meetings ago he categorically denied any such action saying:  "I did not commit perjury and as I see it I will just have to keep putting up with the unsubstantiated attacks that you keep lobbing the City's way".

Willfully swearing falsely—perjury-- cannot be easily shown without a proper presentation of the facts that precipitated the act.  So I will not even attempt to try and show it up here unless the Mayor will at a later date allow me to do a power point presentation on it.  [ I was then abruptly stopped by the Mayor Pro Tem Pro-Tem Taranko, if I was allowed an extension I would have added:]

Until then, people of Ludington need to go see the supporting evidence of this claim, and make their own decision as to whether it looks as if our City Manager committed perjury.

I put an article laying out my case against the City Manager this afternoon on my website, the Ludington Torch; I featured it.  I encourage everyone to take a look at what's compiled there and decide for themselves whether actual perjury was committed or just another of a long line of 'honest' mistakes by John Shay.   Then ask yourself if you want your city to be led by someone who could willfully swear falsely in court to withhold records of wrongdoing by another member of this city council and his city official wife. 

About 21:30 in Councilor Tykoski abstained from voting on a sign in the right of way request due to a conflict of interest.  Ever think of doing that in the past, Nick?

26:30 in the Treasurer's report.  She mentioned that the millage rate was still the same as it was many years ago, contrary to what "others" may tell you.  I recognize that fact, but also recognize our rates would be quite a bit lower if the Headlee rollbacks were not overridden by the City of Ludington three different times for four different millage rates in truth-in-taxation hearings.

32:00 in Kaye Holman introduced the two ordinances, and then came some interesting discussion, featuring the other lady Councilor, Wanda Marrison.  It's worth watching, as she finds her voice, and the two ordinances go back to committee.  Cheers for Wanda.

47:00 in Wally Taranko takes exception to the alcohol vending in parks, arguing that prepared mix drinks are the way to go.  I've never seen him more animated, and counter to the rest of the council.  I don't agree with him (our parks should not be liquor stores, period), but cheers for Wally particularly because he actually took on City Attorney Wilson's fuzzy logic.

Just a little over an hour in, the expensive toilets were approved down at the north concession stand.  I heard some justification for the high cost, but no councilor steeped forth this time to say it was a ridiculous expense to be concerned with at this time.  

There was then a Cartier Park report 1:03:00 in wherein Russ told all about Cartier Park.  Of interest to me was his talk over keeping vehicles off the bike path; I've used the bike path regularly during the summer, and never seen a car drive up it.  But I did have a discussion with him during the summer when I was moving the concrete blocks that blocked over 80% of the path.  He didn't like that; I didn't like the City creating illegal hazards on the bike paths.  Eventually a orange and white striped barrel was put up in the middle, which was an adequate compromise.

Around 1:13:00 in they officially resolved to apply for the MI DNR trust fund for $300,000 to 'improve' the Stearn's Park.  No mention of following the charter, and getting a public vote first.  I will be submitting a supplemental application myself to the trust fund.

Finally, Miss Ludington, Kacey Cole at 1:16:00 came up to the podium and advocated the pay it forward movement.  She gave the councilors each a pay it forward card.  Maybe they will give me one of these in April.  She had an impressive set of heels.

[Willy]

You should bring your own timer to the next meeting to keep tabs on whether they have actually given you 5 minutes and to see how much time they allow others to talk over the 5 minute limit. To me, the walkway is a serious issue because the City is proposing to change a significant portion of the dunes area of the park. Has any of the proponents of this project  even stated why this sidewalk is needed?

[XLFD]

I'm able to hear their stopwatch clearly when I start and when I'm asked to stop, however, I don't hear it when other people start talking.  Who knew? 

The walkway is serious enough that I devoted 5 minutes at each public hearing speaking out about it, and touched on it here in my five minutes.  The words if not the spirit of the City Charter says we should be getting the people to vote on some change of use of the park.  Here we plan on leveling out a dune, putting concrete on it and ruining that secluded area of Stearn's beach. 

Outside of the few proponents talking it up at these meetings (the same that may benefit from overages of grant money), I have spoke with absolutely no one in favor of such a radical change.  Not even a troll.  Most don't even know anything about it though, thanks to that transparent government of ours.

[AQUAMAN]

As told to me by a council member earlier today, the specifications on this Stearns Park walkway modification are only a broad brush stroke of the proposed project, not an architects drawing fit for building the designs. Add to that the fact that these proposals came up some 7-8 years ago in Recreation committees, not of recent, gives us an indication of just how old and outdated the entire plan is, and how far reaching the city council goes to get away with new ideas that haven't neither the current publics' approval, nor even a chance to challenge it at the present time. The Last Thing the COL wants is for current voices to either attend meetings on it, nor to vote on it at all costs. It's called the "fixed agenda" I've referred to many times here, and continues with fervor and zest right into the present day.

[Willy]

Welcome back Aquaman. Hope your feeling well.

[AQUAMAN]

Just sticking the toe in the water once in a while when up to it, thanks my pal, Willy. I've been watching you put in a lot of well spoken posts that mirrors my own, while I sit it out on the bench. Thanks to you, easy, and Marty, I'm able to rest a bit. I've got to tell a little story about that recent CC conversation: I asked how come they always vote yes/yeah for a total unanimous vote on all the motions every time they vote, and they said, "well, if I vote no, I won't win anyhow, and it won't do me any good for future credibility". To me at least, that was a totally wrong answer. This quite plainly and clearly reflects on the mentality of voting with the good ole boys, instead of voting independently as an individual thinker, and also representing your constituents in the process. Is it any wonder we have the mess down town, and now over elsewhere as well? Reading between the lines this person would seem to be saying they are afraid of retaliation and being the odd fellow out, so what I say. Hell, if all our forefathers felt that way, we would be a United Kingdom satellite, or worse, a Russian state. Where is the American way of thinking nowadays?

[XLFD]

If you check out this last meeting you actually can see a couple of the councilors going a little bit off script. 

During the downtown dining debate, CC Wanda Marrison did address the noise issue of the ordinance, and effectively got both ordinances sent back to committee to probably push back the noise levels. 

CC Wally Taranko spoke out against the alcohol vending in parks ordinance on the one topic of pre-mixed beverages, even going up against CA Dick Merlin Wilson.  This was it's first reading, so it may change.

Both Wanda and Wally have something in common (other than 5 letter first names beginning with "Wa") that may have explained the two actions.  Can anyone guess what it was?  (Hint:  It also applies to absent CC Gary Castonia)

[Willy]

Aquaman

Thanks. It is amazing how mindlessly the Councilors fall in line to any and all projects, tax increases, programs, ect, that are proposed. They act exactly how the press acts when Obama speaks. All I can say to those that sit on the LCC. Represent the people that elected you.

[XLFD]

Yesterday, I proposed a 10-15 minute power point presentation of the perjury complaint I have against Ludington's Chief Executive Officer of which I wish to bring forth to Mayor Henderson and the City Council (as mentioned in the last part of my speech)  to take place during the communications section of next month's meeting.  I am awaiting their reply, patiently.

[AQUAMAN]

Yes, we saw a real CC mtg. where some even tabled fixed agendas, and sent them back to committee, that never hardly happens if Jonnie Boy is there, maybe he should take more vacations, same for Castonia. Quite right Willy, thanks, but as we have seen many times now for years, constituents aren't even given a thought, until election time, and of course, when anyone with the gonads disagrees with them at meetings. X, I really hope you aren't holding your breath for a reply, cause we'll lose a great guy if you suffocate....lol. Maybe you should have a new t-shirt printed on both sides to wear in future meetings with a face of the CM, and a caption under it saying "known perjuror", or, "why do you trust this man?" Would Jerry Funk also attack that?  The shame of it all......and the coverups that keep making it possible.....for the fixed agenda.