Ludington City Council Meeting, May 20, 2019: Deer, Pigs, and Other Hooved Beasts

[XLFD]

A meeting that spanned over 100 minutes had its share of captivating moments, some were planned others were minor surprises, others will have lasting effects.  Here's a rundown of what transpired that night, complete with the video.

As with many such meetings, the pledge and invocation were followed by a public comment where I led off with a cursory review of their bill payments.  An observation that you may not catch on the video:  Mayor Steve Miller once again avoiding saying the phrase 'under God' when reciting the pledge.  

May 20th, 2019 Ludington City Council meeting from Mason County District Library on Vimeo.

XLFD:  "A couple of things in the paying of the bills section are troubling to me. Lakeshore Water Sports was refunded $2200 when this council terminated their contract "primarily due to the fact that the business has outgrown the area available at the campground and it appears it will continue to grow." Business growth is usually a win-win for all. This has also led to Cartier wanting a new rule outlawing any commercial businesses on the property.

It's funny, but back in the eighties when the State created the city marina the state had made a similar ruling about commercial businesses within the new facility, but officials couldn't wait to lure as much commercial charter boats into the public marina. If we want to start taking commercial businesses out of our public campgrounds, let's be consistent and do so for the public marina also. I'm sure they can find other berths in our city's wealth of private marinas.

The marina fund has spent $650 in preparation for a Memorial Day Pig Roast. Section 66-139 of the city code says: "All revenues received by the marina shall be... disbursed... to provide for the operation, maintenance and improvements of the marina and related facilities." A pig roast neither helps operate, maintain or improve the marina facility; it's an expense that should not be in the marina fund. Wasn't this the same marina that was looking to the state for nearly $2 million to install new docks. This is definitely pork on their budget.

I also see that the DDA spent $456 from their budget to purchase 150 brew pub glasses from 4imprint. My guess is that they are for one of the many drinking events sponsored by the DDA, probably as part of a package deal or to be sold for an expected profit. It seems rather classless and clueless to me to buy $3 brew pub glasses with public funds when our city's debt is going up tens of millions for needed infrastructure improvements. The City would look more responsible if they had a private entity buy these glasses, furnish whatever is going to be poured in them, and sell them for an expected profit at these events. Contact Kelly from Lakeshore Water Sports, she may have some time to do it. Thank you."[END]

I did get some answers to these questions the following day from the city manager that better explained their position on those costs and the situation with LWS.  Local downtown business owner David Johnson followed emphasizing how beneficial it would be for the council to vote to allow short term rentals (boutique hotels) in the downtown area, which they would later do without discussion.

Teacher Mark Willis then led a his environmental science class in a presentation about the local deer herd and their incursion into the city limits.  His class had set up multiple trail cameras and feed areas to monitor the size and habits of the deer, and other beasts that popped up in front of the camera, including stray cats and dogs, foxes, wildcats, raccoons, etc.  A half dozen of his students explained various aspects of the study in clinical terms, it was very interesting and informative.

Two times previously this year, young people have been trotted up to the mike to engage in political topics in a manner that seemed forced, young girls cried both times.  This presentation showed that you can utilize and spotlight our youths without exploiting them for somebody's political aspirations; they did not offer what should be done with deer, just what their scientific experiment results were.  

Then came the nuts and bolts of Ludington's budget, with auditor Ken Berthiaume giving his annual reports.  The net position seems to be improving from what it was predicted to be recently.  (see the report, p 123).  Are there tax breaks on the horizon?  Get real.

In Chief Barnett's monthly police report, he went over the protocols of 'mental transports' for those who get evaluated as mentally ill by Spectrum Health and need to be transported away for a time, this would be commented on later by the public.  Councilor Bourgette updated from the Parks Committee (CPRC) and saying from the committee regarding the aforementioned Lakeshore Water Sports:  

"...But by the owner of the business dropping it back down to only one campsite, one campsite was all that she was wanting this year, we could not allow that to proceed. So then when she requested to run the business from that campsite, the rules just simply say we just cannot allow businesses to run from Cartier Park. It was just going to be too much of a conflict of interest with other campers in the campground, so we just felt it best to move away from that and her funds were refunded."

From the CPRC notes: 

The committee was applying rules that have not yet been voted on by council, even after this later council meeting, and they made a unilateral decision to enforce them and return LWS's money.  The standing committee ordinance was just passed at the last meeting, just two weeks before this committee meeting, but it looks as if the CPRC did more than just a recommendation to council, they did not allow LWS to proceed and refunded money due because of that decision.  It appears to be not only a violation of the new ordinance, but of the Open Meetings Act.

City Manager Mitch Foster gave a report on saving money for buying public vehicles and better paving the streets.  The semi-formal code of conduct was then passed for city officials and employees (in the packet) without discussion, surprisingly.  The new sidewalk policy, adding priority areas and allowing those outside of the area to waive some of the requirements, was passed without much comment.  Surprisingly, this policy seems to be universally accepted now, after I've been backing it for years.

The boutique hotel ordinance also went through without any votes against or negative comments, Councilor Winczewski explaining that even some spots in the Fourth Ward commercial district were able to take part (Danny Vargas would later get up and be excited about that).  Even innkeepers Councilor Bourgette and Lenius kept the vote unanimous. 

Then several items were approved without issue:  

MCC Schools using Waterfront Park for summer lunches

Street closures for the COLDNews' Boat and Home Show Sept. 5-8 Freedom Festival events (parades, fireworks) hosted by the Jaycees

2018 Audit Report

Resolution for Consumer's Energy to change more city lights 

Amended FOIA Policy

The latter was not punitive against those trying to get information from the city, rather an induction of two new rules enacted by the state legislature to require names and addresses for FOIA requests and to establish a limit as to how long a city must retain records after a request is made but not paid for.

The councilors made some announcements before Mayor Miller alerted the public to a meeting of the committee of the whole on May 30th at 5:30 PM.  He then announced an opening in the planning commission due to Nick Krieger ascending to the county board.  Then the public spoke again.  I went first again, and spoke of fairness:

XLFD:  (1:32:50)  The West Shore Pride Festival will take over Rotary Park for the third straight year on June 9th. Last year they had six vendors and thirteen performers and look to have more in this growing, full day event. Yet, the approval of this event has never came before the parks committee, and has never came before the city council even though the festival uses the whole park for that afternoon and evening. Can anybody explain why that is the case?

I filed an application for a park permit with the previous city manager seven weeks before I had planned a campfire down at Stearns Park during the off-season in 2016, this was well within the parameters and rules of what the city code says in chapter 38, division 2. I was told by him that I would have to get approval of the parks committee and then the full city council, a process that would have left me only two weeks to prepare. That process is not in the city code.

Organizers of West Shore Pride have never had to go through a process that all others are forced to go through, even other controversial events like 'All Hands on Deck'. Witness the Fourth of July parade and fireworks, a Ludington staple, was approved tonight by council along with the Daily News' Boat Show. So why is West Shore Pride being given a free pass to invade a park every year?
A goal of the non-binary members of our community is to be treated like everybody else, so why isn't the City treating them like everybody else and having them go through the annoying process that everybody else but them has to go through. Thank you.[END]"

I did touch base with the new city manager the next day, and he is in the process of revising a more standard way of issuing park permits that will allow the City more oversight within themselves.  Gary Castonia lightened the mood by saying that he put a motion detector on his sprinkler system to fix his deer problem.  C. Dale Bannon also spoke of the deer issue and how you need to vary your approach.  Jaycee Angela Rickett expressed satisfaction with the way the city has dealt with the Jaycees over the years.  Danny Vargas gave the council what amounted to a big hug.

Then at 1:40;15 Jason Miney got up and spoke off the cuff about wellness checks, alcoholism, and 'mental transports'.  Of how the city actively promotes drinking parties and his frustration with their glamorization of bacchanals, such as the one featuring Marketing Director Jen Tooman in a blue wig.

Miney was cut off a little after two minutes by the mayor, but made some salient points about an issue that is all too often ignored in this tourist town.   His presentation was heartfelt and textured by his own experiences in the field that he spoke of, and is worth listening to whatever your feelings on the topic are.  The meeting adjourned shortly afterwards, with the city directing the focus back to the upcoming retirement party for Dave Maltby.  

[shinblind]

Two quick takes on this, maybe Lakeshore Water Sports and the property owners at PM bayou could get together and discuss having kayak rentals in that location.

Be wary of any "improvements" in the city street lights.  In Muskegon because of the higher cost of providing water and sewer service they went to charging residents monthly instead of quarterly like Ludington. Shortly after going monthly they tacked on a street light fee for locals.  Didn't matter if you had a street light near your house or if it worked, you still got nailed with the fee.

[Willy]

I'm glad to see the City Manager contacting you about issues you have raised. That is a huge step forward. And your right, how can the City Deny Kelly the right to do business when they allow commercial fishing boats to use the City Marina to operate their business from. The City even provides a billboard for them to advertise on. The City has allowed commercial businesses for years at the beach and will be allowing the same when the Ludington Ave. beach is gone. I have been saying for years about Ludington promoting alcohol events. To much catering to drunks. Good for Jason Miney. I agree with his statements. By the way Jason is an excellent photographer. Thanks for the report X. An excellent job as usual.
Watch out for those deer. You never know where you will see them

[AQUAMAN]

Good points Shinblind and Willy, and also a great report again X, thanks. I simply can't understand why LWS cannot have a kayak/canoe rental at either park now. Yet the COL itself promotes one at the West End project, and who is going to run that one? Cartier could certainly use a concession stand too. City Marina $650 pig roast? Who's invited? I'll bet locals that don't keep their boats there are also off limits and denied, pretty expensive luxury so early, and not in the rules of spending. Brew pub glasses for almost $500? What a joke and waste of time and money. Mitch Foster is starting to appear as if he's going to be a fair and honest city mgr. too, that's a great step in the positive direction. I see little Danny V. also appeared again, and he should really put on a cheerleader uniform, because while he overly praises the council for their work, he has no idea or interest of their history of doing just the opposite for many years past. I also have about six people that know him since moving here, and none have anything positive to say, even his DJ work sucks according to them too. A full one hour forty five minutes of discussions, and I did not witness anything of significance for positive actions again by the council that helps the public/locals.

[XLFD]

I still haven't seen anything advertised for the pig roast at any of the city marina websites, I wonder if it's just for the city marina employees that they have a history of hiring the sons and daughters of city employees/officers without ever posting the job anywhere.  Mitch is on the understanding that the marina management seems to think it's 'operational', but he understands my point and may look more into it.

I try to look for the positive, and Danny V's sphincter-smacking was a bit nauseous, but both he and I learned that the 'downtown area' of the Fourth Ward could now utilize short term rentals and we were both excited for those wardspeople who could now use their property the way they might want to.  Him because he can benefit from it, me because I love government recognizing a person's property freedoms, even when it benefits annoying people.

[Willy]

I could not hear if the Mayor did or did not say "under God" when reciting the pledge. If he did not then it is certainly his business not to do so, however if he did not then he needs to explain to the citizens why he did not do so. It's one thing to hold a personal viewpoint of God but it is another to misrepresent yourself. Will he swear on a bible when giving testimony in court? It's important to know where he stands on such matters if he is going to hold an important position in Government. People need to know where candidates stand in order to make an informed decision. I'm not particularly religious but I would not vote for someone who is an atheist.

[XLFD]

I can attest that he paused and did not say 'under God' while saying the rest of the pledge.  He has the right to do so, but since he is the elected political leader in this town, he should explain why he does in one of those weekly 'Mayor's columns' that he says he would provide us with, yet hasn't written one since February.

Somebody who would know also related that he had explicitly said that he would get rid of the meeting's invocation, but I think Police Chief Barnett won't allow him to.  That's why when the chief is gone, they have a moment of silence rather than a real invocation.  Again, this should be explained to the people he represents rather than letting the public make their own opinion about his values-- as you say it seems to be a misrepresentation by having these apparently-strong beliefs held in secret.  Federal courts have regularly held that the phrase 'under God' in the pledge is constitutional and not violative of the equal protection clause, etc.  

So what statement is Mayor Miller making?  

[Willy]

Thanks for that link X. I agree, he should let the citizens know where he stands. If he is one of these progressives that want to see Christianity taken down to it's knees we should know who and what we are dealing with. There is definitely  a war against Christians being waged all around the World. Notice in the video below that the 2nd worst country for Christians is Somalia the home country of the radical Muslim Congress woman Ilhan Omar (D-MN). Most of the countries who persecute Christians are Muslim dominated but all we here from Muslims is how they are being persecuted. More Muslim propaganda. So I hope Ludington does not have a mayor who will turn his back, as Obama did, when negative things happen to Christians.