Ludington City Council Meeting 12-16-2013: Mythic Proportions

[XLFD]

This Monday's meeting was the last one for Mayor John Henderson as he retires, and you would have hardly knew it if you had been there.  That's being sarcastic.  The City Hall attendees who usually number about a dozen bodies, often less than half of that being from the 'public', filled the seats, and you definitely had a large contingent there for the festivities that, I was on the understanding, would take place after the meeting. 

But the city council meeting evolved into a surreal movie takeoff of "It's a Wonderful Life" with the exception that we were forced into a narrative of what John Henderson did as mayor, not what life in Ludington would have been without him.  Oh, he had his moments later in the council when we were forced into thinking about what downtown Ludington would look like now if not for Mayor Henderson's theft of other county funds through a dramatic jump in tax increment financing, and how many other businesses would have left the area without his partnerships (and tax breaks). 

But he was mayor for twelve years, and the 26 minute long infomercial couched in a power point of propaganda prepared for by his amazingly lucky daughter Brandy, that he began running at (1:07:30 into the below video), the interviews he had scheduled with the local media that led to very positive puff pieces (here and here), had me realize that here was a man trying to create his own legacy by constructing myths. 

 

 

I will finish the year off with some myth busting about his twelve years, for now I'll leave it at his wife Penny's admission at the meeting of her husband's election night quote that they would finally build a bridge between the have and have-nots.  And that the free Friday Night Live (FNL) events, and the free Ball Drop (NYEBD) downtown were part of this bridge. 

As we have found out here on the Torch, the FNL and NYEBD events were funded by both the haves and the have-nots of our area via tax money, but impacted the have-nots more.  You may not have to spend money while you were watching a ball drop or as you put junior into an inflatable bounce house, but the $30,000 or so that came from funding those events each year came from the local  taxpayers, with no recompense. 

Meanwhile the DDA cronies were getting their own rewards courtesy of the taxpayer as seen in the above two links.  All of the cronyism and favoritism benefitting the haves.

Mayor Henderson's contribution to the have-nots:  higher taxes, higher fees, much higher utility bills (while forcing residents to use city water, not private wells), an ignored infrastructure, and even less services.  Mayor Henderson's contribution to the haves:  multiple tax abatements to established businesses, nepotic allotment of municipal marina jobs for his daughters, $100,000 a year more filtered from the county's tax base to our 'poor' downtown businesses through tax increment financing, a new million dollar transient dock at the City Marina  so the have-nots have a place to put their yachts.  Sorry, Penny, John's arrogance and elitism shows through to the have-nots, and has only gotten worse over the years.  That's why you didn't have any have-nots speak up for you during the public comment, just Don Clingan (Lake Michigan Carferry), Budde Reed (Ludington Beverage), Heather Venzke Tykoski, and your wife.  The emperor has no bridge. 

 

In their business at hand the City Council quietly reappointed the City Manager and the 'City Attorneys' which now encompass Susan Sniegowski and the law firm of Mika Myer Beckett and Jones, which assimilated the disgraceful law firm of Gockerman, Wilson, Saylor and Hesslin operating out of Manistee which has been our City Hall's attorneys for five years.  The office of Ludington's City Attorney, as proscribed by state law, has also been technically vacant since that time.  Now instead of having six out-of-town attorneys that can act on behalf of the city on civil matters, we have around sixty.  Such a stable of legal horses must make our city officials feel a lot safer from civil liabilities. 

One of the more amusing parts of the meeting was Kaye Holman voting against rehiring John Shay and giving him a raise, apparently the love affair is over.  Two years ago, after campaigning vociferously about how she was ready to give Shay the heave-ho if elected, she had a change of heart and strongly endorsed him a month after she was re-elected, and last year too.  No rationalization for her vote was given, but the lack of any sort of rationality on her part over the last couple of years has been evident and I hope she seeks treatment for it.

Some grant approval for the Maritime Museum was voted for, and the City did vote to also get approval to pay for half of an engineering study to dredge the PM Bayou area.  Councilor Castonia did ask about the other parties (around the bayou) coming forth to help in this initial venture into what may turn into dredging efforts in that now low-depth bayou, and he was told they hadn't.  It wasn't divulged that this was an agreement between state and local government units, and that such 'help' would be outside that agreement. 

Another "Can he do that?" moment occurred when Mayor Henderson (albeit with mayor-elect Cox's approval) appointed himself to the Downtown Ludington Board (Ludington's DDA).  Since the DLB/DDA and the Planning Commission meet before the first city council meeting next year, these boards were appointed at this meeting.  Whereas there is nothing that shouts nepotism more than appointing yourself to a board at your last meeting you run, it just goes to illustrate why so many of the locals are so happy with this change.

Consider the evidence to that statement:   In 2012, Ludington voters dumped a well-funded proposal by over a two to one margin that would have allowed Henderson to run for two more terms instead of being term-limited out.  In 2013, Ludington voters rejected the incumbent Wally Taranko, and former councilor David Buskirk in the contested elections, voting in newbies to the positions by a significant majority.  Even with the resistance of our City of Ludington Daily News and other local media to take on some issues that matter to many people, the people are figuring out the truth about how morally bankrupt this City Hall has become.

Here is the long video, from 41:30 to 1:26:30, the mayor graces us by telling us all what was accomplished during his term and more-- an ego trip through his terms-- followed by some anecdotes for about six minutes, and then over 13 minutes of presentations and testimonials to the meeting's end.  Councilor Taranko fortunately spared us from such self-aggrandizement, going into the sunset without a twisted autobiography.

Below the video is public comment started by Don Clingan, who apparently spoke for a lot of other people since he repeatedly used the pronoun 'we' without an antecedent, and perhaps those that clapped when he was finished were those people.  Even though this was a business meeting of the city council, he advised nobody in particular, that they should be limited in what they have to say at this meeting.  He then yielded the remainder of his time for later, and the mayor approved of this tact.  After I spoke, he apparently thought the dissenting voices were finished, and so I guess I was the nobody in particular.  I'm content with that designation. 

 

 

Don Clingan:  (3:30 in) Good evening my name is Don Clingan and I live at 602 W. Lowell.  I think we all know tonight with so many people in the audience that out of respect to some of the folks here, and that's wonderful.  We all know that this is the last council meeting for mayor and Wally Taranko and that's really a significant event in the history of Ludington [Really?!]

I think we can also agree that Ludington is a great place to live and work and play and to visit-- and that's been the product of a lot of good work of the city commission and these two retiring, dedicated officers that will be leaving us tonight [I respectfully disagree, the current mayor and council and their legislation are not why people live, work, play, and visit here]. 

Gentlemen, we thank you and wish you well in the future.  We urge everyone here tonight to remember the good things that have been accomplished in recent past, and maybe, just tonight, at least tonight, let's ask the audience to refrain from ill-spirited criticism and join in the spirit of positive cooperation [why don't we just revoke the right to free speech at each meeting-- oh it's already been done before by the workplace safety policy, a product of these two retirees].  Your honor, I would like to preserve the balance of my five minutes for a little later, if that's okay?

Mayor Henderson:  Granted.  [since you are Don Clingan, a 'Have']

Don Clingan:  Thank you very much.

 

 

I plan to invoke this privilege to split my public comment's five minutes in the future, to see whether the City Council and the new mayor will continue this policy, before unheard of.  I went with my prepared speech, only changing the first sentence to reflect I was not the first to commend.  I felt it was rather presumptive for him to try to corral me into 'positive cooperation' with an entity I feel is not moral or law-abiding; that isn't likely to happen unless that entity changes the way it works. 

 

"Tom Rotta, 137 E Dowland.  Let me be the second tonight to commend Councilor Taranko and Mayor Henderson in their dedication to the community throughout the years working for the Ludington police and fire departments, respectively.  As for their service in their current soon-to-be-retired capacity, I will let their records speak for themselves over the past four years, and the mostly-silenced dissent created over their public acts and policies also speak for itself, as I have spoken much of it over the last two years here, after an unconstitutional banishment.  Allow me also to wish the public officials in front of me a Merry Christmas, and to wish the two new officials coming in, both teachers, good luck in serving the public for the upcoming new year.

 

Allow me now to digress to the last meeting.  After passing the budget despite being told that they had violated five sections of the city charter once again in doing so, the City Attorney tried to defend the City's noticing the Budget hearing 6 days before the meeting as within state law,  but MCL 141.415 says otherwise:  "Local units which provide for a public hearing before adoption of their budgets... shall hold a public hearing in accordance with such provision of charter... which shall be deemed to be in a manner prescribed by law."  Our city charter says 14 days, and so this is the manner prescribed by law, not Mr. Wilson's legal theory of six days, which might work in some of his home county's villages. 

The other four charter section violations went unchallenged, but the budget was still passed without being known about and available to the public until the day it was passed and the day before thanksgiving.  Councilors, I think we can all agree that transparency and following the city charter should be a duty of yours, and perhaps you should assume a position of greater accountability, instead of less, in the upcoming years of your tenure. 

This ease with which the City violates such laws for transparency and timeliness regarding the budget is precisely why I have challenged them recently in court when they willfully violate the Open Meetings Act, the Freedom of Information Act, and the Constitution of this great country.  I have been successful in all of my prosecutions, however, we have seen they do not publicly acknowledge or admit to such setbacks or violations, even after the courts find otherwise, rationalizing some excuse or alibi which few of our media question.  

Nor have you allowed the public to know what has happened as regards lawsuits alleging police brutality by the Ludington police department.  The brutalized victims in both incidents are the people you serve, the people who pay in to support our city hall's and police department's operations.   I believe it is your duty to the people to defend those citizens rather than defending the questionable actions of your officers which violate any sane policy.

Your officers and Ludington officials in general, don't have to worry about the legal costs incurred by violating laws and rules of ethical conduct.  This citizen prosecutor and the other innocent victims of officers acting under color of the law, foot their own money to get accountability and compliance with the law by their corrupted city government; you use the people's money to defend their illegal actions by default.  This City Council should have that discretion to decide who to defend or assist, and that decision should take place in an open meeting.

This latest Open Meetings Act lawsuit I initiated against 6 city councilors and the mayor is a case in point.  The record is clear in the video recording of that meeting.  They ignored the fact that the meeting was not properly posted and went ahead with it anyway, despite the warning of the consequences.  This week, I received notice that the City's risk management attorney has come forth to supply counsel to the seven defendants and supplied an answer to my complaint, guess who's footing the bill for his work?  And how did this assignment of attorney occur?  Did our city council ever vote to give themselves an attorney with the public's money, to defend an act that goes against the very concept of open meetings?  Not in an open meeting, they didn't.

So even though they plowed through with making decisions and deliberations after being warned that they were in violation of the OMA, they will now rob our city coffers to fight that which is part of the public record?   Ashamedly, this will be among the legacy of those elected officials who retire tonight, and what they will have to continue to defend in their retirement.

Unfortunately, I fear we won’t see the retirement of our current City Manager or our current City Attorney law firm anytime soon, and that is very sad for the people of this City who make it work.  They walk too much in step with the current makeup of our council. 

I do not expect any gift of extra time beyond five minutes by the Mayor at his last meeting, or expect to ruin his perfect record of denying me the same, so I will give him the gift of finishing a little under the allotted time.  Thank you"

 

Don Clingan (stepping up, adjusts the mike):  "I'm shorter." 

Mayor Henderson:  "It's like you have three and a half minutes left."

Don Clingan:  "It's really important to many of us here tonight, that we leave in a very positive attitude as we end this year and we look forward to the future [four references to 'we' or 'us' in one sentence, someone has a group mentality].  And evidently my earlier message, challenge went unheeded [the only ill spirited criticism comes in the next sentence.]  When the voice of productive dissent, turns into unproductive criticism, we should question the true intent of those who so criticize [This statement makes me question Mr. Clingan's intent for his(their) speech]. 

We urge the city commissioners, Mayor John Henderson, Commissioner Wally Taranko to remember that the vast majority of your constituents [as witnessed in the 2012 and 2013 election results], applaud your love for your community and they respect deeply the work that you have done.  As we celebrate the achievements, we also know that there will be challenges in the future.  With that in mind, let's also offer our support to the new city commissioner and the new mayor, that's going to take office the first of the year.  Thank you so much."

 

Unlike Mr. Clingan, I don't put the community on my back and ascribe opinions to them, or commit actions in their name.  I only speak for myself, and hopefully I can help speak for a growing number of constituents who are intimidated by their officials and connected people like Mr. Clingan (who are used to using this City Hall for their own personal benefit) and can't afford to freely speak up about the abuses without being afraid for themselves and their families.

[AQUAMAN]

Total time: 1 hr. 27 min. longest CC mtg. I can ever remember. In fact, I can't remember any US President going out with more fanfare than this. In a few words summary: Narcissism carried to infinity. Have to also say, I am very disappointed with the new Mayor Cox in his decision to let Henderson undermine and influence him to make several very important early appointments for CM, CA, and DDA people. Would that DDA position in any way have an influence in 2014 for special grants/monies for the new business venture that Jonnie plans with daughter Brandy? Time will tell. We've certainly seen direct conflicts of interest in the DDA before with Tye's Signs, so be on the lookout soon. I guess the only thing missing from the circus act was the Zeigfield follies, perhaps in a seperate venue in the evening at the Rye and Barley bar? On a side note: Kaye, please confer with Penny and Wanda about a new wig for 2014 that may help your image, maybe you need to go blonde too, lol.

[XLFD]

This is the longest they have went for a meeting in recent memory that didn't have a public hearing on anything.  The public hearing for the Historic District a little over a year ago was about two hours, over ninety percent of these meetings fall shorter than an hour, fifty percent under a half hour. 

I am praying extra hard that Ryan Cox keeps his backbone and his morality so that he can put the City back on the right track.  I have seen some hope before this, but the appointments that took place wouldn't have needed to happen if he had the Council set the first meeting in January on the first Monday.  We will now have four weeks until the next city council meeting, instead of the usual two and occasional three.  Moving it to the first Monday would have made a three week gap for both of the next two meetings. 

Maybe John and Brandy will run one of those charter boats out of the City Marina, now that they are finally, officially legal there after thirty-some years of being there illegally.  They can hire Kaye as a cabin boy in charge of managing the chum bucket. 

[Willy]

"Let's ask the audience to refrain from ill spirited criticism. When the voice of productive dissent turns into unproductive criticism we should question the true intent of those who so criticize".

I can see that many of the so called business leaders are in bed with the law breaking City Council. Of cour se Clingan knew X was going to comment on the Councils illegal activities and so he split his time to comment about X's comments. Clingan is such a disappointment.  

[Willy]

I also hope the new Mayor doesn't get side tracked by the Council.

[AQUAMAN]

Clingan, Cain, Neal, and several others are nothing less than common local hacks, looking out for their own business interests/tax-abatements by agreeing with anything the Mayor/CM do these days. You can go to City Hall council mtgs. until you are blue in the face, mtg. after mtg., month after month, year after year, and see the same result. X has done it of recent, I did too for several years. Doesn't really do much good. The fixed agenda is in, you aren't in the click, just an outsider is disagreement, so, you are ignored, and swept under the rug, end of story. The exception in X's case is he has more time and persistence than me, or anyone else I've known of similar intent. And, he does his homework with great finesse, and makes legal cases that seldom lose, per MCL. The COL could have hammered out a truce and some adjustments to it's agenda if they wanted to, simply by showing some respect and courtesy towards X with a few conferences. Unfortunately, that's not in the mentality of those like Shay and Henderson, whom can never admit any wrongdoing, nor will voluntarily admit any faults. Pats on the back for copycatting others ideas, and getting away with cronyism is their thing.  The only thing lacking from the power point presentation, was a professional narrator. John Cameron Swayzee might have fit, if still available. However as we saw, Henderson considered himself professional enough to do it himself. Narcissism at it's blatant finest. As for the Mayor elect, I see him as another crony, all too willing and able to just let the status-quo continue, and be led around like a ring thru his nose by the now retired Henderson, whom is controlling the CM Shay, whom controls the City Council. Another yada yada four years is what I see coming already. It was all too obvious on 12/16/13 what to expect now, sad, and disappointing.

[Willy]

Well said Aquaman. Right on the money.

[Willy]

Eye

What?  You come here and complain about other posters who are complaining about politicians when you could easily go before the Council and complain about us there. Don't you realize how good that would make them feel. You could bolster their egos by letting them know how you are the Councils crusader here on the torch. You could attend every meeting to let them know about the evil presence of citizens who want Government cleaned up. You could let them know the devious plots you uncovered regarding people who actually desire honesty and integrity in their elected officials. By letting them know these things you can do tyranny a big favor by encouraging the continued misbehavior of City officials who will take your message to heart and continue to erode the public's confidence in Government. Yes Eye you could live out your dreams of being a snitch but you could do it publicly so we could all see who resides behind the words you post here. Wouldn't that be fun.

[XLFD]

Maybe I could coordinate something with EyE at these meetings to make it more entertaining for all concerned.  We could have a rap routine, where one of us would make a point in street verse, then the other would rap back with a counterpoint, then start up another point, then it goes back to the first person for a repeat of that until our five minutes are up. 

Maybe we can get Mayor Cox to give us ten minutes since there are two of us.  Since the City doesn't let you know what's going on until the weekend before the Monday night meeting, we will have to whip something creative up quick or else Castonia or Holman will gong us before we get the idea off the ground. 

Here's a rapping version of Keynes and Hayek on how to spur the economy, kind of in the same vein that I believe I posted earlier.  Think about it, EyE:

[Willy]

My ex-wife used to swallow and constantly repeat herself all the time.

[AQUAMAN]

Willy, take the abuses of the EyE with a big grain of salt. This shallow person starts out the day at 8am with pouncing trite posts here on the Torch right thru the entire day. Immature and self-serving work, not that of a person that actually has a real job. Probably in defense of her daddy or mommy on the council no doubt. Oh, that ex-wife comment, fits the EyE to a mirror, lol.