Ludington City Council Meeting June 28, 2021: Boxthink

[XLFD]

Thinking only inside the box has been a very really problem with the Ludington City Council in the last dozen years.  Not only have they often assumed an 'us versus them' attitude with the public over a variety of public issues, they have also adopted a curious and irrational groupthink at times where insight and innovation is outright frowned upon when it shows up in a councilor.  Since the groupthink has its own strict rules for orthodoxy that allows for little variance, I have called this term 'boxthink', since thinking outside of the box gets you ostracized from the group.

Boxthink was prevalent throughout this council before the system was disrupted in early 2019, with the addition of a maverick city councilor and a new city manager with a desire to engage the public.  That outspoken councilor would suffer two dramatic public disciplinary procedures, likely leading to her losing an election by one vote.  The city manager's energy effusions would be hindered by a sophomore year pandemic and by the ennui of the status quo at city hall.  This meeting displayed best why boxthink is back in force.

I must admit a personal blunder on my part, maybe showing that boxthink is catching.  City Manager Mitch Foster dropped by my chair before the meeting and noted that it looked like I needed a haircut.  Momentarily dulled by the environment perhaps, I simply acknowledged that fact.  While we carried a brief conversation about the difficulties Manistee is having in their city manager search, and a curiosity on his part of why I haven't written about it, I rued that I didn't make the obvious faux rude comeback that it looked like he needed a shave. 

Foster has been nursing a full beard for a few months.  One has to admit it makes him look more mature and wise, but one has to worry a little bit because if you remember that Star Trek episode where Kirk and his landing party go into an alternate universe where everyone on the Enterprise is evil rather than good, that it was the only episode that featured Mr. Spock with a beard.  If city hall's first officer is now sporting a beard, does that mean the other officers at city hall have embraced evil?  That will have to wait, as will a story on the City of Manistee's latest search for a city manager that has gone totally bad in its own right.

The main items on the agenda was the appointment of a Sixth Ward Councilor to replace David Bourgette who is moving out of the ward.  Although this happened later in the meeting and featured four different, qualified individuals, the outcome was not unexpected for LT readers; John 'Jack' Bulger is the new councilor starting once he is formally sworn in.  Councilor Kathy Winczewski nominated Karen Nielsen for the spot, Councilor Cheri Stibitz seconded and would later vote for Nielsen, along with Councilor Ted may.  

Councilor Wally Cain nominated Bulger several times, jumping the gun in the procedure.  He would see Councilors Terzano and Johnson follow his recommendation.  The 3-3 tie came to Mayor Steve Miller to break, without any nod to the competitor, he chose Bulger.  While others thanked and gave verbal support to the other two candidates, the council by their vote showed their bias towards boxthink.  Both Nielsen and Bulger have careers spanning decades in the public sector, they offered themselves as someone who would mesh with this council.  McMaster and Kirkpatrick had little experience in the public sector, were successful in the private sector, and showed much more individualism and emotionalism than the other two.  They were effectively ignored; the LCC wants boxthinkers.

To nobody's surprise, the city council passed the various millage rates and tax levies proposed through a truth in taxation hearing.  Holding such a hearing allows the LCC to effectively raise tax rates already automatically reduced by a Headlee rollback, which kicks in when property values rise more than the rate of inflation.  Rather than describe the numbers in detail in this article, permit me to transcribe the words of the only speaker at this public hearing on this tax hike:

June 28th, 2021 Ludington City Council meeting from Mason County District Library on Vimeo.

XLFD:  (10:00 in) I'm troubled by the notice for this truth in taxation hearing saying that the date and location of the meeting to take action on the additional millage will be announced at this meeting. Combined with the lack of any millage or levy actions in the meeting's original agenda and relevant records in the agenda packets, most citizens will believe that those actions will not be taken at this meeting, even though they will be because of a late addition to the agenda.

Councilors, your vote on the proposed tax hikes tonight will truly indicate where your loyalties lie.  The City of Ludington is a viable public entity with increasing revenues, a sizable rainy day account, with the ability to adopt this year's budget with a 5% pay and benefit raise to much of their employees.  After that, they learned $850,000 in federal stimulus money would be added to the city coffers. 

The average taxpayer citizen of Ludington is recuperating from 14 months of government imposed shutdowns, greatly impacting our businesses in the tourism and service industries.  During that time we have seen our property values raise beyond the rate of inflation, properly kicking in Constitutionally-imposed Headlee rollbacks so that citizens aren't hit big in their pocketbooks once again.

If you approve the operating and refuse millage rates before you tonight you will increase the tax burden on the average Ludington taxpayer by $70, yet even if you don't pass it they will still have their tax bill $57 higher.  The new tax rates will result in $129,000 in additional funding for the City of Ludington rather than the $73,000 the City will get if you agree that Headlee rollbacks should kick in, because your constituents deserve the money the state constitution entitles them to in this period of hardship.  

The choice is yours: will you shoulder more tax burden on the people you supposedly serve as a representative, will you take more blood, sweat and taxes from struggling businesses and homeowners, or will you spare the whip on them by letting the $73,000 raise they're giving you as good enough for now.  Do you treasure the people of Ludington city over the City of Ludington treasury?  If you do, vote against raising the operating/refuse millage rates and affirm your humility and humanity [END].

I had been given the up-to-date numbers earlier that day from the city clerk, so those were accurate, and I had hoped there may be some meaningful pause at least from a member or two of the city council regarding the effect the elevated burden of taxes would have on businesses and families, but their lack of empathy is all on video.  They raised your taxes by $66,000 just because they think they can spend that money much better than you-- as their liabilities continue to grow, as witnessed by the police pension millage.  Boxthink once again prevails.

Other topics that came up were approving a 2 year contract with Conpoto LLC for making electronic gift certificates for downtown businesses through the DDA.  Formally approving an 'understanding' that allows the Manistee Coast Guard Station to harbor their vessels at Harbor View Marina during weather not conducive to boating.  They did a preliminary step in accepting their $850,000 of stimulus funds from ARPA.  They amended and approved regulations regarding temporary signs to allow them to better follow the First Amendment by lessening the existing restrictions. 

It is unclear where the impetus for this latter action took place, likely some resident complaining that code enforcement officers were snatching their political signs and restricting their speech accordingly.  Perhaps it was recent precedent noted by the city attorney who looked at the city code; it wasn't by somebody on the council engaging in the usual boxthink.

Two bids from companies were looked at for replacing lead lines in Ludington, the much lower bid by Gustafson HDD LLC was accepted.  Because it was lower than what was expected, they may be able to do more lines than was originally budgeted for. 

Attorney Jason Gerber from Carlos Alvarado's law firm gave an update on the ten year legal battle with the Kolfage's over their indoor/outdoor porch at the Summer's Inn.  City hall recently suffered a setback when 79th District Court Judge John Middlebrook dismissed the ticket issued by the City.  For the first time, a councilor asked for a compilation of what has happened over that decade to look at what has been accomplished, Foster agreed to do so with the help of the attorneys (at more cost, naturally). 

If one expects the council to look over the report, see the tens (or hundreds) of thousand dollars being spent to enforce a somewhat arbitrary part of the zoning code on a couple who city hall has held a grudge with for decades over a variety of issues, and suggest they ease up or cut their losses, you obviously don't understand boxthink yet.  They will persecute the Kolfages until they kneel at the altar of the council chamber podium and admit they were foolish for fighting a vindictive and all-powerful city hall.  The only way this boxthink will fall is if the new city attorney and city manager think otherwise and can invent a way to capitulate with honor.

Kyla McClellan summarized the genesis of Legacy Park which is set to open tomorrow in her comments during the second comment period.  She was the only one who spoke then, due to my departure at 54:40 into the meeting for a special appointment I had.  The latter period balanced the first comment period where Annette Quillan chided the Parks Committee solution to homeless people congregating at Waterfront Park near the restrooms.  She stressed finding a more humane solution that didn't also affect other park users who were not blacklisted at 2:10 into the meeting, it's worth a listen.  The committee notes mentioned:

The official actions by the City seem to be harsh and does create problems for other users of the park, a typical boxthink solution.  The problem would have likely resolved itself once the library reopened for normal business one week after this committee meeting, presenting a more comfortable place to hang out inside and outside and enjoy Wi-fi and recharge phones.  It also appears that they made a decision or two at the committee level without consulting the full council. 

Yet, when I followed Annette, I didn't comment on either aspect of what she was talking about, I decided it was time to let the city council know that their police department was going down a street they should have never driven on as noted here originally.  The background was originally related in Resisting and Opposing Injustice.  

XLFD:  (4:30 in):  Two weeks ago, I viewed two disturbing LPD body cam videos of an arrest of a Ludington man on May 9th.  Two LPD officers ostensibly conducting an investigation wound up investigating nothing, choosing instead to assault and arrest this Ludington man before asking him any questions.  When the man was safely secured in the back of the LPD vehicle having asked the officers multiple times why he was being arrested, the man was told he was under arrest for resisting and obstructing officers.  The video shows the officers gang attacking this man, but it doesn't show any active resistance on his part.

Despite those verifiable facts caught on clear body cam video, Police Captain Haveman and Officer Gilmurray pursued two felony resisting and opposing charges on the man, and these were taken up by the prosecutor.  Two days after I saw the footage with Captain Wietrzykowski at the LPD, I caught it in the courtroom where Judge Middlebrook was looking at the case in a preliminary examination.  I heard Officer Gilmurray claim it was a lawful detainment and arrest, I heard the same from Captain Haveman, and I heard Prosecutor Beth Hand argue in many ways that it was proper, legal, and illustrated resisting and obstructing on the man's part.

The judge saw the same body cam films I saw and came to the same conclusion any reasonable person would, that the police officers resisted their training and opposed proper protocols in making an unlawful arrest on the man, he summarily dismissed the charges.  

If this was the extent of the outrageous conduct, it would be bad enough, but Captain Haveman and Officer Gilmurray also pursued resisting and opposing charges against the man's girlfriend.  They did not arrest her that day, there was nothing on audio or video that supported that crime, but the prosecutor picked up that charge as well.  When reading the report, Gilmurray notes simply that she was telling the man to not resist, Haveman reports she was yelling at officers for being at her house and picked up a phone dropped by the man. 

Being that there are no elements of a resisting and obstructing charge in the record on her part, the strategy by the LPD and their stooges at the prosecutor's office is to maliciously prosecute this young couple, using the system to cover up their own crimes of assault, battery, and unlawful imprisonment of this innocent man.  Captains Haveman and Wietrzykowski who have both seen the videos, and Chief Kozal who has conducted an internal investigation after the girlfriend submitted a complaint, have all indicated that there was nothing improper with the LPD's actions that day.  Remember that lack of contrition by the senior members of LPD once this council is asked to settle the federal lawsuit generated by the officers' actions in this incident [END].

Neither of these two critical comments were addressed, they were just ignored.  Boxthink cannot operate when you cannot talk it over first with other friendly boxthinkers and decide whether to ignore, ridicule, or diminish the concerns of those who think for themselves and actually care for their fellow citizens being harmed by the limited perspectives of public officials.